FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fusion Innovation Act of 2015''. SEC. 2. FUSION INNOVATION INITIATIVE. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Director of the Office of Science of the Department of Energy shall establish a Fusion Innovation Initiative. Under the Initiative, the Director shall issue a competitive, merit- reviewed funding opportunity announcement to solicit proposals for engineering designs for innovative fusion energy systems, including upgrades to existing facilities, which have the potential to demonstrate net energy production not later than 7 years after the start of construction. (b) Application Requirements.--In order to be eligible to receive an award under this section, an applicant shall submit an application to the Director that includes-- (1) a detailed cost estimate and schedule for construction of the design, including a summary of any design modifications that would accelerate the achievement of net energy production; and (2) an assessment of the scalability of the design. (c) Award and Design Submission.-- (1) Award.--The Director shall review each application submitted under subsection (b) and shall provide awards to applicants with design concepts that the Director considers to have potential based on the criteria described in subsection (a). (2) Design submission.--As a condition of receiving such award, the Director shall require any such applicant to submit the design upon which the application is based to the Director not later than 18 months after receipt of the award. (d) Assessment.--The Director shall carry out an assessment of each design submitted under subsection (c)(2) to determine which designs, if any, merit support from the Department due to their potential to demonstrate net energy production not later than 7 years after the start of construction, and shall-- (1) submit the assessment to Congress not later than 30 months after the date of enactment of this Act; and (2) assign top priority to, and provide expedited financial support (to the extent provided in advance in appropriations Acts) for, relevant construction activities for any design that the Director determines merits such support, based on the project management practices of the Office of Science. SEC. 3. RESOURCE AND INFORMATION SHARING. (a) In General.--To the extent practicable, the Secretary of Energy shall establish open, transparent processes to share unclassified resources and information that will accelerate the advancement of fusion energy technologies among researchers from the National Laboratories, institutions of higher education, and the private sector. Such resources and information shall include-- (1) advanced computing platforms and simulation codes; (2) diagnostic equipment information; and (3) pulsed power system information. (b) Computing.-- (1) In general.--The Secretary shall establish processes to make unclassified, proprietary simulation codes relevant to the development of a fusion energy system, that are controlled by a National Laboratory, available to researchers from other National Laboratories, institutions of higher education, and the private sector. (2) Shared platforms.--The Secretary shall support shared platforms for the codevelopment of simulation codes for fusion energy systems among researchers from the National Laboratories, institutions of higher education, and the private sector. (c) Personnel Exchanges.--The Secretary shall establish a process for fusion researchers from the National Laboratories to serve limited- term residencies at private sector companies working to advance fusion technologies. Such residencies shall be entirely supported by the host companies. SEC. 4. FUSION DEMONSTRATION SITES. (a) Report Required.--Not later than 180 days after the date of enactment of this Act, the Secretary of Energy, in consultation with the National Laboratories, relevant Federal agencies, and stakeholders, shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report assessing the Department of Energy's capabilities to authorize, host, and oversee privately funded fusion prototypes with up to 20 megawatts thermal output and related demonstration facilities at sites owned by the Department. (b) Report Elements.--The report described in subsection (a) shall address the following: (1) The Department's safety review and oversight capabilities. (2) Potential sites capable of hosting research, development, and demonstration of prototype reactors and related facilities, for the purpose of reducing technical risk. (3) The Department's and the National Laboratories' existing physical and technical capabilities relevant to research, development, and oversight. (4) The efficacy of the Department's available contractual mechanisms, including cooperative research and development agreements, work-for-others agreements, and agreements for commercializing technology. (5) Potential cost structures related to physical security, decommissioning, liability, and other long-term project costs. (6) Other challenges or considerations identified by the Secretary, including issues related to potential cases of demonstration reactors with up to 2 gigawatts of thermal output. SEC. 5. NATIONAL LABORATORIES. In this Act, the term ``National Laboratories'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

Fusion Innovation Act of 2015 Directs the Office of Science of the Department of Energy (DOE) to establish a Fusion Innovation Initiative, under which the Office shall issue a competitive, merit-reviewed funding opportunity announcement to solicit proposals for engineering designs for innovative fusion energy systems, including upgrades to existing facilities, which have the potential to demonstrate net energy production not later than seven years after the start of construction. Requires a recipient to submit the design within 18 months after receiving funding. Directs the Office to assign top priority to, and provide expedited financial support for, relevant construction activities for any design that the Office determines merits support. Directs DOE to establish open, transparent processes to share unclassified resources and information that will accelerate the advancement of fusion energy technologies among researchers from the National Laboratories (specified DOE-owned laboratories), institutions of higher education, and the private sector. Directs the Office to: (1) establish processes to make unclassified, proprietary simulation codes relevant to the development of a fusion energy system, that are controlled by a National Laboratory, available to researchers from other National Laboratories, institutions of higher education, and the private sector; (2) support shared platforms for the co-development of simulation codes for fusion energy systems among such researchers; and (3) establish a process for fusion researchers from the National Laboratories to serve limited-term residencies at private sector companies working to advance fusion technologies. Directs DOE to submit a report assessing its capabilities to authorize, host, and oversee privately funded fusion prototypes with up to 20 megawatts thermal output and related demonstration facilities at DOE-owned sites.

Fusion Innovation Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Small Business Cyber Security Act of 2016''. SEC. 2. ROLE OF SMALL BUSINESS DEVELOPMENT CENTERS IN CYBER SECURITY AND PREPAREDNESS. Section 21 of the Small Business Act (15 U.S.C. 648) is amended-- (1) in subsection (a)(1), by striking ``and providing access to business analysts who can refer small business concerns to available experts:'' and inserting ``providing access to business analysts who can refer small business concerns to available experts; and, to the extent practicable, providing assistance in furtherance of the Small Business Development Center Cyber Strategy developed under section 5(b) of the Improving Small Business Cyber Security Act of 2016:''; and (2) in subsection (c)-- (A) in paragraph (2)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by striking the period and inserting ``; and''; and (iii) by adding at the end of the following: ``(G) access to cyber security specialists to counsel, assist, and inform small business concern clients, in furtherance of the Small Business Development Center Cyber Strategy developed under section 5(b) of the Improving Small Business Cyber Security Act of 2016.''. SEC. 3. ADDITIONAL CYBER SECURITY ASSISTANCE FOR SMALL BUSINESS DEVELOPMENT CENTERS. Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end the following: ``(8) Cyber security assistance.--The Department of Homeland Security, and any other Federal department or agency in coordination with the Department of Homeland Security, may leverage small business development centers to provide assistance to small businesses by disseminating cyber security risk information and other homeland security information to help small business concerns in developing or enhancing cyber security infrastructure, cyber threat awareness, and cyber training programs for employees.''. SEC. 4. CYBER SECURITY OUTREACH FOR SMALL BUSINESS DEVELOPMENT CENTERS. Section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148) is amended-- (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following: ``(l) Cybersecurity Outreach.-- ``(1) In general.--The Secretary may leverage small business development centers to provide assistance to small business concerns by disseminating information on cyber threat indicators, defensive measures, cybersecurity risks, incidents, analyses, and warnings to help small business concerns in developing or enhancing cybersecurity infrastructure, cyber threat awareness, and cyber training programs for employees. ``(2) Definitions.--For purposes of this subsection, the terms `small business concern' and `small business development center' have the meaning given such terms, respectively, under section 3 of the Small Business Act.''. SEC. 5. GAO STUDY ON SMALL BUSINESS CYBER SUPPORT SERVICES AND SMALL BUSINESS DEVELOPMENT CENTER CYBER STRATEGY. (a) Review of Current Cyber Security Resources.-- (1) In general.--The Comptroller General of the United States shall conduct a review of current cyber security resources at the Federal level aimed at assisting small business concerns with developing or enhancing cyber security infrastructure, cyber threat awareness, or cyber training programs for employees. (2) Content.--The review required under paragraph (1) shall include the following: (A) An accounting and description of all Federal Government programs, projects, and activities that currently provide assistance to small business concerns in developing or enhancing cyber security infrastructure, cyber threat awareness, or cyber training programs for employees. (B) An assessment of how widely utilized the resources described under subparagraph (A) are by small business concerns and a review of whether or not such resources are duplicative of other programs and structured in a manner that makes them accessible to and supportive of small business concerns. (3) Report.--The Comptroller General shall issue a report to the Congress, the Administrator of the Small Business Administration, the Secretary of Homeland Security, and any association recognized under section 21(a)(3)(A) of the Small Business Act containing all findings and determinations made in carrying out the review required under paragraph (1). (b) Small Business Development Center Cyber Strategy.-- (1) In general.--Not later than 90 days after the issuance of the report under subsection (a)(3), the Administrator of the Small Business Administration and the Secretary of Homeland Security shall work collaboratively to develop a Small Business Development Center Cyber Strategy. (2) Consultation.--In developing the strategy under this subsection, the Administrator of the Small Business Administration and the Secretary of Homeland Security shall consult with entities representing the concerns of small business development centers, including any association recognized under section 21(a)(3)(A) of the Small Business Act. (3) Content.--The strategy required under paragraph (1) shall include, at minimum, the following: (A) Plans for leveraging small business development centers (SBDCs) to access existing cyber programs of the Department of Homeland Security and other appropriate Federal agencies to enhance services and streamline cyber assistance to small business concerns. (B) To the extent practicable, methods for the provision of counsel and assistance to improve a small business concern's cyber security infrastructure, cyber threat awareness, and cyber training programs for employees, including-- (I) working to ensure individuals are aware of best practices in the areas of cyber security, cyber threat awareness, and cyber training; (ii) working with individuals to develop cost-effective plans for implementing best practices in these areas; (iii) entering into agreements, where practical, with Information Sharing and Analysis Centers or similar cyber information sharing entities to gain an awareness of actionable threat information that may be beneficial to small business concerns; and (iv) providing referrals to area specialists when necessary. (c) An analysis of-- (I) how Federal Government programs, projects, and activities identified by the Comptroller General in the report issued under subsection (a)(1) can be leveraged by SBDCs to improve access to high-quality cyber support for small business concerns; (ii) additional resources SBDCs may need to effectively carry out their role; and (iii) how SBDCs can leverage existing partnerships and develop new ones with Federal, State, and local government entities as well as private entities to improve the quality of cyber support services to small business concerns. (4) Delivery of strategy.--Not later than 180 days after the issuance of the report under subsection (a)(3), the Small Business Development Center Cyber Strategy shall be issued to the Committees on Homeland Security and Small Business of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Small Business and Entrepreneurship of the Senate. (c) Definition.--The term ``small business development center'' has the meaning given such term in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 6. PROHIBITION ON ADDITIONAL FUNDS. No additional funds are authorized to be appropriated to carry out the requirements of this Act or the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives September 21, 2016. Attest: KAREN L. HAAS, Clerk.

Improving Small Business Cyber Security Act of 2016 (Sec. 2) This bill amends the Small Business Act to authorize the Small Business Administration (SBA) to make grants to small business development centers (SBDCs) in furtherance of a Small Business Development Center Cyber Strategy to be developed by the SBA and the Department of Homeland Security (DHS) after the Government Accountability Office (GAO) issues a report that reviews federal cybersecurity resources aimed at assisting small businesses. SBDCs shall have access to cybersecurity specialists to counsel their small business clients. (Sec. 3) The Homeland Security Act of 2002 and the Small Business Act are amended to allow DHS and other federal agencies coordinating with DHS to leverage SBDCs to disseminate cybersecurity risk information and other homeland security information to help small businesses in developing cybersecurity infrastructure, threat awareness, and employee training programs. (Sec. 5) The GAO's cyber resources report must include: (1) an accounting, description, and assessment of the utilization of federal programs that provide cybersecurity assistance to small businesses; and (2) an assessment of whether the resources are duplicative of other programs or accessible to small businesses. The strategy must include: plans for leveraging SBDCs into existing federal cyber programs to assist small businesses; methods for the provision of counsel and assistance to improve small businesses' cyber security infrastructure, threat awareness, and training programs for employees, including agreements with Information Sharing and Analysis Centers to gain awareness of actionable threat information that may be beneficial to small businesses; and an analysis of how SBDCs can leverage federal programs and develop partnerships with federal, state, and local governments and private entities to improve cyber support services to small businesses. The SBA's and DHS's strategy must be developed in consultation with entities representing SBDC concerns and submitted to Congress.

Improving Small Business Cyber Security Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maximizing Efficiency and Improving Access to Providers at the Department of Veterans Affairs Act of 2016''. SEC. 2. PILOT PROGRAM ON INCREASING THE USE OF MEDICAL SCRIBES TO MAXIMIZE THE EFFICIENCY OF PHYSICIANS AT MEDICAL FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Commencing not later than 120 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall carry out a pilot program to increase the use of medical scribes to maximize the efficiency of physicians at medical facilities of the Department of Veterans Affairs. (b) Duration.--The Secretary shall carry out the pilot program during the eighteen-month period beginning on the date of the commencement of the pilot program. (c) Locations.--The Secretary shall carry out the pilot program at not fewer than five medical facilities of the Department-- (1) at which the Secretary has determined there is a high volume of patients; or (2) that are located in rural areas and at which the Secretary has determined there is a shortage of physicians and each physician has a high caseload. (d) Contracts.-- (1) In general.--In carrying out the pilot program, the Secretary shall enter into a contract with one or more appropriate nongovernmental entities described in paragraph (2). (2) Appropriate nongovernmental entities described.--An appropriate nongovernmental entity described in this paragraph is an entity that trains and employs professional medical scribes who specialize in the collection of medical data and data entry into electronic health records. (e) Collection of Data.-- (1) In general.--The Secretary shall collect data on the pilot program to determine the effectiveness of the pilot program in increasing the efficiency of physicians at medical facilities of the Department. (2) Elements.--The data collected under paragraph (1) shall include the following with respect to each medical facility participating in the pilot program: (A) The average wait time for a veteran to receive care from a physician at such medical facility before implementation of the pilot program. (B) The average wait time for a veteran to receive care from such a physician after implementation of the pilot program. (C) The average number of patients that such a physician is able to see on a daily basis before implementation of the pilot program. (D) The average number of patients that such a physician is able to see on a daily basis after implementation of the pilot program. (E) The average amount of time such a physician spends on documentation on a daily basis before implementation of the pilot program. (F) The average amount of time such a physician spends on documentation on a daily basis after implementation of the pilot program. (G) The satisfaction and retention scores of each such physician before implementation of the pilot program. (H) The satisfaction and retention scores of each such physician after implementation of the pilot program. (I) The patient satisfaction scores for each such physician before implementation of the pilot program. (J) The patient satisfaction scores for each such physician after implementation of the pilot program. (K) The patient satisfaction scores for their health care experience before implementation of the pilot program. (L) The patient satisfaction scores for their health care experience after implementation of the pilot program. (f) Report.-- (1) In general.--Not later than 180 days after the commencement of the pilot program, and not less frequently than once every 180 days thereafter for the duration of the pilot program, the Secretary shall submit to Congress a report on the pilot program. (2) Elements.--Each report required by paragraph (1) shall include the following: (A) The number of medical facilities of the Department that are participating in the pilot program. (B) With respect to each such medical facility, an assessment of the effects that participation in the pilot program has had on the following-- (i) Maximizing the efficiency of physicians at such medical facility. (ii) Reducing average wait times for appointments. (iii) Improving access of patients to electronic medical records. (iv) Mitigating physician shortages by increasing the productivity of physicians. (C) All data collected under subsection (e). (D) Such recommendations as the Secretary may have with respect to the extension or expansion of the pilot program. (g) Medical Scribe Defined.--In this section, the term ``medical scribe'' means a member of the medical team hired and trained specifically and exclusively to perform documentation in an electronic health record to maximize the productivity of a physician.

Maximizing Efficiency and Improving Access to Providers at the Department of Veterans Affairs Act of 2016 This bill directs the Department of Veterans Affairs (VA) to carry out an 18-month pilot program to increase the use of medical scribes to maximize the efficiency of physicians at VA medical facilities. A "medical scribe" is defined as a member of the medical team hired and trained to perform documentation in an electronic health record to maximize the productivity of a physician. The program shall be conducted at not fewer than five medical facilities: (1) that the VA determines have a high volume of patients; or (2) which are located in rural areas, at which there is a shortage of physicians, and each physician of which has a high caseload. To carry out such program, the VA shall enter into a contract with one or more appropriate nongovernmental entities that train and employ professional medical scribes who specialize in the collection of medical data and data entry into electronic health records. The VA shall collect data to determine the effectiveness of the program, including information on changes in the average wait times for veterans to receive care, the average number of patients that a physician is able to see, the average amount of time such a physician spends on documentation, physician satisfaction and retention scores, and patient satisfaction scores.

Maximizing Efficiency and Improving Access to Providers at the Department of Veterans Affairs Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Belarus Arms Transfers Accountability Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) The Congressional Research Service has estimated that Belarus exported arms officially valued at $1,000,000,000 between 1999 and 2006, making it the eleventh largest exporter of arms in the world. (2) According to some reports the actual value of arms exports by Belarus may exceed such totals, since public agreements for arms sales by Belarus may not include secret agreements made by officials of the Government of Belarus and its state-owned entities. In a report to Congress in March 2006, the Department of State reported that ``. . . many arms sales [from Belarus] are made without consideration by relevant security organs of the Belarusian government''. (3) In a report to Congress in March 2006, submitted in accordance with the Belarus Democracy Act of 2004 (Public Law 108-347), the Department of State reported the following: (A) ``Belarus has continued to export significant quantities of defense articles, dual-use items and other military equipment and technology.''. (B) ``There have been numerous reports of Belarusian sales or delivery of weapons or weapons- related technologies to states of concern, including state sponsors of terrorism.''. (C) ``There are signs that Belarusian authorities are undertaking efforts to expand relations with some countries of concern.''. (4) According to published reports, Belarus has been a significant supplier of rockets, mortars, antitank weapons, and mines to Palestinian extremist groups and to state sponsors of terrorism, such as Iran and Syria, as well as Mi-24 helicopters, artillery systems and Russian-origin armored combat vehicles to the Government of Sudan, tanks to the communist regime in North Korea, and military aircraft and aircraft engines to Iran. (5) In April and September 2004, the United States imposed sanctions on the Belarusian entity ``Belvneshpromservice'' pursuant to the Iran Nonproliferation Act of 2000 (Public Law 106-178) based on its transfer to Iran of items having the potential of making a material contribution to weapons of mass destruction or cruise or ballistic missile systems. (6) In May 2005, the Belarusian parliament ratified a security agreement with Iran, after an earlier visit to Belarus by the then-leader of Iran, Mohammed Khatami, during whose visit Belarusian regime leader Aleksandr Lukashenko stated that Belarus was ready to cooperate with Iran ``in all directions''. (7) Speaking with regard to arms sales to Syria, Aleksandr Lukashenko reportedly stated ``No matter how severely we are admonished for it, we will continue to help Syria militarily because they have promised to help us in the same way.''. (8) Venezuelan leader Hugo Chavez maintains strong relationships with Iran, Cuba, Sudan, and Syria, all states designated by the United States as state sponsors of terrorism. (9) In May 2006 and each year since, the Department of State has determined that Venezuela is not cooperating fully with United States anti-terrorism efforts. (10) In the summer of 2006, Venezuela's ambassador to Cuba visited Belarus and described the United States as a ``common enemy'' and Hugo Chavez made an official visit to Belarus. (11) Subsequently, in September 2006, it was reported that Belarus and Venezuela announced that a proposed military contract between the two countries in the amount of $1,000,000,000 was under consideration. (12) While Belarus possessed large stockpiles of weapons inherited from the former Soviet regime, questions have been raised as to whether such stockpiles still remain the source of much of the weaponry exported by Belarus, eighteen years later, or have instead been largely exhausted through earlier sales. (13) The Government of the Russian Federation has offered no cooperation to the United States in dissuading Belarus from sales of its arms to state sponsors of terrorism and other parties in conflict, instead increasing its military cooperation with Belarus. (14) An editor of ``Jane's Air-Launched Weapons'', Mr. Robert Hewson, stated recently that a Russian sale of S-300 air defense missiles to Iran was to go through Belarus and that ``Belarus is the proxy route whenever Russia wants to deny it is doing the sale. But nothing happens along that route without Moscow saying so.''. (15) In May 2009, media reports stated that Russia is planning to sell its S-300 missile systems to Iran and Syria via Belarus. (16) In June 2009, a high-level Israeli official strongly cautioned Belarus against strengthening ties with Iran. (17) In March 2008, Belarusian press reports stated that Belarusian military specialists would take part in the creation for Venezuela of an advanced air defense system with the potential to employ the Russian-made S-300 missile system. (18) The Russian-made S-300 is one of the most advanced air defense systems in the world, capable of destroying missiles and aircraft at ranges of about 90 miles and at altitudes of approximately 90,000 feet. (19) Reports indicate that Belarus had already purchased multiple S-300 systems from Russia at a fraction of their estimated value. (20) In March 2008, a member of Venezuela's National Assembly, Mr. Abel El Zabayar, visited Iran and stated that Venezuela had begun discussions with Belarus and Iran on nuclear cooperation. (21) The planned deployment by Venezuela of an advanced air defense system, such as the S-300 missile system, in conjunction with Venezuela's reported growing nuclear cooperation with Belarus and Iran raises disturbing similarities to the pattern of reported sales arrangements of the S-300 missile system by Russia to Iran at a time of Russian cooperation in the development of Iran's nuclear capabilities. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Secretary of State should take into consideration the continuing reports of arms sales by Belarus to state sponsors of terrorism and states that do not fully cooperate with the United States in its anti-terrorism efforts, as well as any information gathered in the process of drafting the report to the appropriate congressional committees required under this Act, and carefully consider whether the imposition of existing terrorism and nonproliferation sanctions would be appropriate to deter any such arms sales by Belarus; and (2) any use by Iran of nuclear cooperation agreements with other countries as a means to proliferate weapons technology and expertise to countries such as Venezuela, either directly or by means of arrangements with Belarus or other countries would not be in the interest of the United States. SEC. 4. REPORT. (a) In General.--Not later than 90 days after the date of the enactment of this Act, and on annual basis thereafter, the Secretary of State shall submit to the appropriate congressional committees a report that describes, with respect to the preceding 12-month period, the following: (1) The scale and modalities of exports of weapons and related services by the Government of Belarus and Belarusian enterprises, including revenues flows, and the potential role of the government and enterprise of the Russian Federation in such exports and revenues. (2) The status of the stockpiles of weapons inherited by Belarus from the former Soviet regime, including a determination as to the role such stockpiles may continue to play in the export of weapons by Belarus, and an assessment of the capability of Belarusian enterprises to manufacture conventional and advanced weaponry and provide services for such sales. (3) A determination as to whether nuclear cooperation agreements and activities involving Iran, Belarus, or Venezuela are being used as a means to proliferate nuclear arms technology and expertise. (4) The sale or delivery of weapons or weapons-related technologies from Belarus to any country that is designated as a state sponsor of terrorism or not fully cooperating with United States antiterrorism efforts for purposes of section 40A of the Arms Export Control Act, including Venezuela. (b) Form.--The report shall be in an unclassified form but may include a classified annex. SEC. 5. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and Committee on Foreign Relations of the Senate. (2) State sponsor of terrorism.--The term ``state sponsor of terrorism'' means a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law, to be a government that has repeatedly provided support for acts of international terrorism.

Belarus Arms Transfers Accountability Act of 2009 - Expresses the sense of Congress that: (1) the Secretary of State should consider reports of arms sales by Belarus to state sponsors of terrorism and states that do not cooperate with the United States in its anti-terrorism efforts, as well as any information gathered for a certain congressional report concerning Belarus' proliferation of conventional and nuclear weapons to such countries, including Venezuela, in determining whether to impose terrorism and nonproliferation sanctions to deter such arms sales by Belarus; and (2) any use by Iran of nuclear cooperation agreements with other countries as a means to proliferate weapons technology and expertise to countries such as Venezuela, either directly or by arrangements with Belarus or other countries, would not be in the interest of the United States. Directs the Secretary to report annually to the appropriate congressional committees on exports of weapons and related services by the government of Belarus and Belarusian enterprises, especially to state sponsors of terrorism or countries not fully cooperating with U.S. antiterrorism efforts, including Venezuela.

To direct the Secretary of State to submit to Congress an annual report on exports of weapons and related services by the Government of Belarus and Belarusian enterprises and related matters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthen Families, Strengthen Education Act''. SEC. 2. PARENTAL INVOLVEMENT LEAVE FOR PRIVATE EMPLOYEES. (a) Leave Requirement.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Entitlement to parental involvement leave.-- ``(A) In general.--Subject to section 103(f), an eligible employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period, to participate in or attend an activity that-- ``(i) is sponsored by a school; and ``(ii) relates to an academic program that is sponsored by the school and is attended by a son or daughter of the employee. ``(B) Relationship to family and medical leave.-- The amount of leave taken by an eligible employee under this paragraph during a 12-month period shall be subtracted from the amount of leave available to the employee under paragraph (1) for such 12-month period. ``(C) Definition.--As used in this paragraph, the term `school' means an elementary school or secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)) and a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.).''. (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting before the period the following: ``, or for leave provided under subsection (a)(3) for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 102(e)(1) of such Act (29 U.S.C. 2612(e)(1)) is amended by adding at the end the following: ``In any case in which an employee requests leave under subsection (a)(3), the employee shall provide the employer with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.''. (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Parental Involvement Leave.--An employer may require that a request for leave under section 102(a)(3) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. SEC. 3. PARENTAL INVOLVEMENT LEAVE FOR PUBLIC EMPLOYEES. (a) Leave Requirement.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) Subject to section 6383(f), an employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period, to participate in or attend an activity that-- ``(i) is sponsored by a school; and ``(ii) relates to an academic program that is sponsored by the school and is attended by a son or daughter of the employee. ``(B) The amount of leave taken by an employee under this paragraph during a 12-month period shall be subtracted from the amount of leave available to the employee under paragraph (1) for such 12-month period. ``(C) As used in this paragraph, the term `school' means an elementary school or secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)) and a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.).''. (b) Schedule.--Section 6382(b)(1) of such title is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended by inserting before ``, except'' the following: ``, or for leave provided under subsection (a)(3) any of the employee's accrued or accumulated annual leave under subchapter I for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 6382(e)(1) of such title is amended by adding at the end the following: ``In any case in which an employee requests leave under subsection (a)(3), the employee shall provide the employing agency with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.''. (e) Certification.--Section 6383 of such title is amended by adding at the end the following: ``(f) An employing agency may require that a request for leave under section 6382(a)(3) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.''.

Strengthen Families, Strengthen Education Act - Amends the Family and Medical Leave Act of 1993 to allow employees covered by such Act to take up to four hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend academic, school-sponsored activities attended by their children. Amends Federal civil service law to apply the same parental involvement leave allowance to Federal employees.

Strengthen Families, Strengthen Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Recovery Audit Contractor Program Moratorium Act of 2007''. SEC. 2. MEDICARE RECOVERY AUDIT CONTRACTOR PROGRAM MORATORIUM. (a) In General.--Except as provided in subsection (c), the Secretary of Health and Human Services-- (1) shall suspend all further activities under the Medicare recovery audit contractor program (as defined in subsection (e)(2)); (2) shall not permit recovery audit contractors-- (A) to identify any additional underpayments or overpayments; or (B) to effect any additional recoupments; and (3) shall not enter into any new contracts under the program. (b) Termination.--The moratorium effected under subsection (a) shall end one year after the date of the enactment of this Act. (c) Applicability.-- (1) Protection of appeal rights.--Subsection (a) shall not affect appeals under the Medicare recovery audit contractor program. (2) Medicare secondary payer activities.--Subsection (a) shall not affect Medicare secondary payer activities performed by recovery audit contractors. (d) Reports.-- (1) CMS report evaluating the program.-- (A) In general.--Not later than 90 days after the date of the enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall submit to the Congress a report evaluating the Medicare recovery audit contractor program. (B) Contents of report.--Such report shall include the following information, with respect to the Medicare recovery audit contractor program: (i) The number of claims provided by the Centers for Medicare & Medicaid Services to recovery audit contractors. (ii) The number of claims requested by recovery audit contractors. (iii) The number of claims reviewed by recovery audit contractors. (iv) The number of claims described in clause (iii) reviewed through an automated process and the number of such claims otherwise reviewed by recovery audit contractors. (v) The number and dollar amount of claims that recovery audit contractors sought to recoup after identifying such claims as overpayments. (vi) The number of appeals made by providers and suppliers in response to recoupment of payments by a recovery audit contractor. (vii) The outcome of such appeals. (C) Form of data.-- (i) The information described in subparagraph (B) shall be reported-- (I) for activities under the Medicare recovery audit contractor program in each calendar quarter; and (II) on a national, State, and county basis and according to provider group. (ii) Information described in subparagraph (B) concerning appeals shall be reported by appeal level. (2) GAO report.-- (A) In general.--Not later than 60 days after the date the report is submitted to the Congress under paragraph (1), the Comptroller General of the United States shall submit a report to the Congress regarding the use of recovery audit contractors in the Medicare Integrity program. (B) Contents of report.--Such report shall include the following: (i) An examination of the information described in each of clauses (i) through (vi) of paragraph (1)(B). (ii) An examination of the role of recovery audit contractors in the Medicare oversight process. (iii) A comparison of the roles of recovery audit contractors with the roles of quality improvement organizations and Medicare administrative contractors. (iv) An examination of the extent to which the process used by recovery audit contractors is consistent with Medicare policy regarding claims denials and appeals. (C) Recommendations.--Such report shall include recommendations-- (i) to improve the accuracy and efficiency of recovery audit contractors; and (ii) to ensure compliance of recovery audit contractors with Medicare policy concerning denials and appeals. (3) Quarterly reports.-- (A) In general.--Not later than 60 days after the end of each calendar quarter beginning after the end of the moratorium under subsection (a), the Administrator of the Centers for Medicare & Medicaid Services shall submit to the Congress a report on the conduct of the Medicare recovery audit contractor program during the quarter. (B) Contents of report.--Each report under subparagraph (A) shall include, with respect to a quarter, the information described in each of clauses (i) through (vi) of paragraph (1)(B) for such quarter. (C) Form of data.--The information required under subparagraph (B) shall be reported on a national, State, and county basis and according to provider group. (e) Definitions.--For the purposes of this section: (1) Medicare administrative contractor.--The term ``Medicare administrative contractor'' has the meaning given such term in section 1874A of the Social Security Act (42 U.S.C. 1395kk-1). (2) Medicare recovery audit contractor program.--The term ``Medicare recovery audit contractor program'' means recovery audit contractor-- (A) activities under section 306 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173); and (B) activities under section 1893(h) of the Social Security Act (42 U.S.C. 1395ddd(h)). (3) Medicare secondary payer activities.--The term ``Medicare secondary payer activities'' means an activity undertaken to obtain compliance with, and enforce, section 1862(b) of the Social Security Act. (4) Provider.--The term ``provider'' means a provider of services as defined in section 1861(n) of the Social Security Act (42 U.S.C. 1395x(n)). (5) Quality improvement organization.--The term ``quality improvement organization'' means a utilization and quality control peer review organization as defined in section 1152 of the Social Security Act (42 U.S.C. 1320c-1). (6) Recovery audit contractor.--The term ``recovery audit contractor'' means a contractor operating under the Medicare recovery audit contractor program. (7) Supplier.--The term ``supplier'' has the meaning given such term in section 1861(d) of the Social Security Act (42 U.S.C. 1395x(d)). (f) Conforming Amendments.-- (1) Social security act.--Section 1893(h)(1) of the Social Security Act (42 U.S.C. 1395ddd(h)(1)) is amended by striking ``Under the Program'' and inserting ``Subject to section 2 of the Medicare Recovery Audit Contractor Program Moratorium Act of 2007, under the Program''. (2) Medicare prescription drug, improvement, and modernization act of 2003.--Section 306(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is amended by striking ``The Secretary shall conduct'' and inserting ``Subject to section 2 of the Medicare Recovery Audit Contractor Program Moratorium Act of 2007, the Secretary shall conduct''. (g) Technical Amendment.--Section 306(f) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is amended by striking ``information' means information'' and all that follows.

Medicare Recovery Audit Contractor Program Moratorium Act of 2007 - Directs the Secretary of Health and Human Services to effect a one-year moratorium on the Medicare recovery audit contractor program, under which the Secretary contracts with recovery audit contractors to identify underpayments and overpayments, and recoup overpayments, with respect to all services for which payment is made under part A or B of title XVIII (Medicare) of the Social Security Act. Requires: (1) the Administrator of the Centers for Medicare & Medicaid Services to evaluate the program for Congress; and (2) the Comptroller General to report to Congress on the use of recovery audit contractors in the Medicare Integrity program.

To impose a moratorium on the use of recovery audit contractors under the Medicare Integrity Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deferred Benefits Adjustment Act of 2013''. SEC. 2. INDEXATION OF DEFERRED ANNUITIES. (a) Amendments to Subchapter III of Chapter 83.--Section 8338 of title 5, United States Code, is amended-- (1) in subsection (d) by striking ``(d) An'' and inserting ``(d) Subject to subsection (e), an''; and (2) by adding at the end the following: ``(e)(1) The average pay used in the computation of an annuity authorized by this section shall be equal to the average pay described in section 8331(4), increased by the percentage adjustments (compounded) in rates of pay of the General Schedule taking effect during the period-- ``(A) beginning on the day after the date of the separation on which title to annuity is based, and ``(B) ending on the day before the commencement date of such annuity. ``(2) In the case of a former employee or Member who dies after having separated from the service with title to an annuity authorized by this section but before having established a valid claim for such annuity, the average pay used in the computation of any survivor annuity payable based on the service of such former employee or Member shall be increased in the manner described in paragraph (1), except that, in applying subparagraph (B) of paragraph (1) for purposes of this paragraph, the commencement date of such survivor annuity shall be used instead of the commencement date of the annuity referred to in such subparagraph. ``(3) Average pay shall not be increased by reason of any adjustment under this subsection to an amount which exceeds the rate of basic pay that, as of the day before the commencement date of the annuity or survivor annuity involved, is payable for the position that was held by the employee or Member at the time of earning the highest rate of pay taken into account in computing such employee's or Member's average pay, as determined under regulations of the Office.''. (b) Amendment to Chapter 84.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(n)(1) The average pay used in the computation of a deferred annuity under section 8413 shall be equal to the average pay described in section 8401(3), increased by the percentage adjustments (compounded) in rates of pay of the General Schedule taking effect during the period-- ``(A) beginning on the day after the date of the separation on which title to annuity is based, and ``(B) ending on the day before the commencement date of such annuity. ``(2) In the case of a former employee or Member who dies after having separated from the service with title to a deferred annuity referred to in paragraph (1) but before having established a valid claim for such annuity, the average pay used in the computation of any survivor annuity payable based on the service of such former employee or Member shall be increased in the manner described in paragraph (1), except that, in applying subparagraph (B) of paragraph (1) for purposes of this paragraph, the commencement date of such survivor annuity shall be used instead of the commencement date of the annuity referred to in such subparagraph. ``(3) Average pay shall not be increased by reason of any adjustment under this subsection to an amount which exceeds the rate of basic pay that, as of the day before the commencement date of the annuity or survivor annuity involved, is payable for the position that was held by the employee or Member at the time of earning the highest rate of pay taken into account in computing such employee's or Member's average pay, as determined under regulations of the Office.''. (c) Amendments Relating to Individuals Becoming Subject to FERS by Election.-- (1) Computation of a deferred annuity.--Paragraph (6) of section 302(a) of the Federal Employees' Retirement System Act of 1986 (5 U.S.C. 8331 note) is amended by adding at the end the following: ``(C) In determining average pay under this paragraph for purposes of computing a deferred annuity under section 8413 of such title-- ``(i) the provisions of section 8338(e)(1) and (3) of such title shall apply, to the extent that such annuity is computed under paragraph (4); and ``(ii) the provisions of section 8415(n)(1) and (3) of such title shall apply, to the extent that such annuity is computed under paragraph (5).''. (2) Computation of a survivor annuity.--Paragraph (9) of such section 302(a) is amended by striking ``(9)'' and inserting ``(9)(A)'', and by adding at the end the following: ``(B) In computing an annuity under paragraph (3) for purposes of determining the amount of a survivor annuity under subchapter IV of chapter 84 of title 5, United States Code, to which the survivor is entitled based on the service of a former employee or Member who dies in the circumstances described in section 8415(n)(2) of such title-- ``(i) paragraph (6)(C)(i) shall apply, to the extent that such annuity is computed under paragraph (4); and ``(ii) paragraph (6)(C)(ii) shall apply, to the extent that such annuity is computed under paragraph (5).''. (d) Conforming Amendments.--(1) Section 8331(10) of title 5, United States Code, is amended by inserting ``former employee or Member,'' before ``or annuitant''. (2) Section 8341(h)(1) of title 5, United States Code, is amended by striking ``or former Member who was separated from the service with title to a deferred annuity under section 8338(b) of this title'' and inserting ``or former employee or Member who died after having separated from the service with title to a deferred annuity under section 8338 but before having established a valid claim for annuity,''. (3) Clause (iii) of section 8341(h)(2)(B) of title 5, United States Code, is amended by striking ``a Member'' and inserting ``an employee or Member''. SEC. 3. AMENDMENT TO PROVIDE THAT THE WIDOW OR WIDOWER OF A DEFERRED ANNUITANT WHO DIES BEFORE ESTABLISHING A VALID CLAIM FOR ANNUITY UNDER CSRS SHALL BE ELIGIBLE FOR A SURVIVOR ANNUITY IN THE SAME WAY AS APPLIES CURRENTLY UNDER FERS. Subsection (f) of section 8341 of title 5, United States Code, is amended to read as follows: ``(f) If an employee or Member dies after having separated from the service with title to a deferred annuity under section 8338 but before having established a valid claim for annuity, and is survived by a widow or widower to whom married on the date of separation, the widow or widower-- ``(1) is entitled to an annuity equal to 55 percent of the deferred annuity of the employee or Member commencing on the day after the employee or Member dies and terminating on the last day of the month before the widow or widower dies or remarries before age 55; or ``(2) may elect to receive the lump-sum credit instead of annuity if the widow or widower is the individual who would be entitled to the lump-sum credit and files application therefor with the Office before the award of the annuity. Notwithstanding the preceding sentence, an annuity payable under this subsection to the widow or widower of a former employee or Member may not exceed the difference between-- ``(A) the annuity which would otherwise be payable to such widow or widower under this subsection; and ``(B) the amount of the survivor annuity payable to any former spouse of such former employee or Member under subsection (h).''. SEC. 4. EFFECTIVE DATES. (a) Amendments Made by Section 2.-- (1) In general.--The amendments made by section 2 shall apply to any annuity or survivor annuity commencing before, on, or after the date of the enactment of this Act, subject to paragraph (2). (2) Recomputations.--In the case of any individual who is entitled to an annuity or survivor annuity based on a separation from service which occurred before the date of the enactment of this Act-- (A) such annuity or survivor annuity shall be recomputed to take into account the amendments made by section 2 only if application therefor is made within 12 months after the effective date of regulations prescribed by the Office of Personnel Management to carry out such amendments; and (B) any change in an annuity or survivor annuity resulting from a recomputation under subparagraph (A) shall be effective only with respect to amounts accruing for months beginning on or after the date of the enactment of this Act. (b) Amendment Made by Section 3.--The amendment made by section 3 shall take effect as of the date of the enactment of this Act. Upon timely application to the Office of Personnel Management, such amendment shall also apply to the widow or widower of a former employee or Member who died before such date of enactment, except that no amount shall be payable-- (1) for any period beginning before such date of enactment; or (2) in any case in which all annuity rights under subchapter III of chapter 83 of title 5, United States Code, have been voided due to the lump-sum credit having been taken. (c) Savings Provision.--Nothing in section 3 shall affect the right of an individual to a survivor annuity, based on a death occurring on or after the date of the enactment of this Act, if such individual would (upon filing claim therefor) have been entitled to such annuity had section 3 not been enacted. (d) Definitions.--For purposes of this section-- (1) the terms ``widow'' and ``widower'' have the respective meanings given them by section 8341 of title 5, United States Code; and (2) the term ``lump-sum credit'' has the meaning given such term by section 8331(8) of such title.

Deferred Benefits Adjustment Act of 2013 - Amends federal civil service law to provide for the indexation of deferred annuities, including survivor annuities, under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) and for individuals becoming subject to FERS by election.Terminates the entitlement of a survivor who remarries before age 55 (currently, who remarries at any age) to an annuity based on the service of a deferred annuitant who dies before establishing a valid claim for a CSRS annuity.

Deferred Benefits Adjustment Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Justice Access and Implementation Act of 2007''. SEC. 2. DEFINITIONS. (a) Definition of Environmental Justice.--For purposes of carrying out this Act, the following definitions shall apply: (1) The term ``environmental justice'' means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, educational level, or income with respect to the development, implementation, and enforcement of environmental laws and regulations in order to ensure that-- (A) minority and low-income communities have access to public information relating to human health and environmental planning, regulations and enforcement; and (B) no minority or low-income population is forced to shoulder a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazard. (2) The term ``fair treatment'' means policies and practices that ensure that no group of people, including racial, ethnic, or socioeconomic groups bear disproportionately high and adverse human health or environmental effects resulting from Federal agency programs, policies, and activities. (b) Identification and Prioritization of Environmental Justice Communities.--For purposes of Executive Order 12898, criteria for defining an environmental justice community shall include demographic characteristics, such as percentages of minority and low-income residents within an area with a higher than average rate of-- (1) health vulnerabilities, such as cancer mortality and incidence rate, infant mortality, low birth weight, asthma, and childhood lead poisoning; and (2) exposure to environmental conditions, such as facility density and proximity to Corrective Action/Superfund Sites, Brownfields, Enforcement Data (percent and number of uninspected facilities, percent and number of unaddressed violations, average and total penalty and air nonattainment status), hazardous emissions, attainment status, hazardous indoor air quality, hazardous water quality, and traffic related to the covered or uncovered, transport of polluting substances. SEC. 3. IMPLEMENTATION AND INTEGRATION OF FEDERAL ENVIRONMENTAL JUSTICE INITIATIVES. (a) Establishment of Offices of Environmental Justice.--For purposes of Executive Order 12898, each of the following shall establish an Office of Environmental Justice: (1) Department of Defense. (2) Department of Justice. (3) Department of the Interior. (4) Department of Agriculture. (5) Department of Commerce. (6) Department of Labor. (7) Department of Health and Human Services. (8) Department of Housing and Urban Development. (9) Department of Transportation. (10) Department of Energy. (11) Department of Homeland Security (12) Environmental Protection Agency. (13) Office of Management and Budget. (14) Office of Science and Technology Policy. (15) Office of the Deputy Assistant to the President for Environmental Policy. (16) Office of the Assistant to the President for Domestic Policy. (17) National Economic Council. (18) Council of Economic Advisers. (19) Department of State. (20) Such other Government entities as the President may designate. (b) Characteristics of Offices of Environmental Justice.--Offices established by this Act shall be overseen by a Director of Senior Executive Service designation with environmental justice activities as their primary responsibility. Such offices should be established within 6 months of enactment of this Act (c) Integration of Environmental Justice Policies in Agency Actions.--For purposes of the environmental justice strategies developed by agencies under Executive Order 12898, each agency shall integrate the strategy into the operation and mission of the agency and explicitly address compliance with this Act, including in the following activities: (1) Future rulemaking activities. (2) The development of any future guidance, environmental reviews (including NEPA, CAA, Federal Land Policy Act), regulation, or procedures for Federal agency programs, policies, or activities that affect human health or the environment. (d) Interagency Federal Working Group Coordination and Guidance.-- The Interagency Federal Working Group on Environmental Justice (in this section referred to as the ``Working Group'') shall-- (1) coordinate an integrated environmental justice training plan for the Federal agencies and offices listed in subsection (c); (2) formalize meaningful public participation goals and procedures; (3) survey the Federal agencies and offices to determine what is effective and how to best facilitate outreach without duplicating efforts; (4) develop a strategy for allocating responsibilities and ensuring participation in multi-agency projects, even when faced with competing agency priorities; and (5) coordinate plans to communicate research results so reporting and outreach activities produce more useful and timely information. (e) Agency Public Participation Efforts.-- (1) Outreach efforts.--Each Federal agency listed in subsection (c) shall carry out and report outreach activities to the Working Group, including the following: (A) Respond directly to inquiries from the public and other stakeholders. (B) Maintain Web sites and listservers. (C) Produce and distribute hardcopy documents and multimedia products. (D) Conduct or sponsor briefings, lectures, and press conferences. (E) Testify before Congress or other government bodies. (F) Finance scholarships, fellowships, and internships. (G) Support museum exhibits and other public displays. (H) Sponsor, participate, or otherwise contribute to meetings attended by stakeholders. (I) Provide scientifically-sound content for K-12 education activities. (J) Fund outreach efforts managed outside the Federal Government. (2) Stakeholders.--To ensure their active public participation and to provide input early in environmental decision-making, Federal agencies along with the Working Group shall develop ways to enhance partnerships and coordination with stakeholders, including affected communities, Federal, Tribal, State, and local governments, environmental organizations, nonprofit organizations, academic institutions (including Historically Black Colleges and Universities (HBCUs), Hispanic Serving Institutions (HSIs), and Tribal Colleges), and business and industry. (f) Authorization of Appropriations.-- (1) There are authorized to be appropriated for each of the entities named in section 3(a) and (b), $1,000,000 for each of fiscal years 2008 through 2018 to carry out this section. (2) There are authorized to be appropriated for the purposes of section 3(c), (d), and (e) such sums as may be necessary for each of fiscal years 2008 through 2018. SEC. 4. COMMUNITY ACCESS AND PARTICIPATION IN FEDERAL ENVIRONMENTAL JUSTICE INITIATIVES. (a) Community Technology Centers.-- (1) In general.--Federal agencies shall collaboratively fund and establish community technology centers to assist with technical assistance issues in the environmental justice area, coordinated by the Interagency Federal Working Group on Environmental Justice. (2) Description.--In this subsection, the term ``community technology center'' (CTC) refers to programs with the goal of providing at least 10 hours of open access a week for anyone in a community, especially youth and adults in low-income urban and rural communities, for purposes of providing technical assistance to communities experiencing issues associated with environmental hazards. (3) Location.--A community technology center may be located in places such as libraries, community centers, schools, churches, social service agencies, low-income residential housing complexes, and Minority Academic Institutions (such as Historically Black Colleges and Universities, Hispanic Serving Institutions, and Tribal Colleges). (4) Criteria for establishment of community technology centers.--The President shall recommend the minimum number of community technology centers based on demographic profiles of environmental justice communities, within 12 months of the implementation of this Act. (5) Activities of community technology center.--A community technology center funded under this section shall-- (A) assist community members in becoming active participants in cleanup and environmental development activities; (B) provide independent and credible technical assistance to communities affected by hazardous waste contamination; (C) review and interpret technical documents and other materials; (D) sponsor workshops, short courses, and other learning experiences to explain basic science and environmental policy; (E) inform community members about existing technical assistance materials, such as publications, videos, and web sites; (F) offer training to community leaders in facilitation and conflict resolution among stakeholders; and (G) create technical assistance materials tailored to the identified needs of a community. (6) Reporting requirements.--To further the development of the mandated environmental justice offices, the following reports on identified accomplishments, complaints, and implementation of this Act shall be undertaken: (A) The President shall present an annual report to Congress on the state of environmental justice in the agencies identified in this Act within 12 months after the enactment of this Act. (B) The Government Accountability Office shall report to Congress an evaluation of the implementation of this Act within 18 months after the enactment of this Act. (b) Authorization of Appropriations.--There are authorized to be appropriated to the entities named in this section such sums as may be necessary for each of fiscal years 2008 through 2018 to carry out this section. SEC. 5. DOCUMENTATION AND REPORTS. To further the development of the mandated environmental justice offices, and other initiatives set forth by this Act, the following reports on identified accomplishments, complaints, and implementation of this Act shall be undertaken: (1) The President shall present an annual report to Congress on the state of environmental justice in the agencies identified in this Act within 12 months after the enactment of this Act. (2) The Government Accountability Office shall report to Congress an evaluation of the implementation of this Act within 18 months after the enactment of this Act.

Environmental Justice Access and Implementation Act of 2007 - Requires specified federal agencies to establish an Office of Environmental Justice pursuant to Executive Order 12898 (concerning federal actions to address environmental justice in minority and low-income populations). Defines "environmental justice" as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, educational level, or income in the development, implementation, and enforcement of environmental laws and regulations. Requires the inclusion of minority and low-income populations with health vulnerabilities and exposure to certain environmental conditions in criteria for defining an environmental justice community. Requires federal agencies to integrate the environmental justice strategy developed under Executive Order 12898 into their operations and missions and explicitly address compliance with this Act. Directs the Interagency Federal Working Group on Environmental Justice (Working Group) to coordinate an integrated environmental justice training plan for federal agencies. Requires federal agencies subject to the requirements of this Act to carry out certain outreach activities relating to environmental justice and to report on such activities to the Working Group. Directs federal agencies to fund and establish community technology centers to provide technical assistance and other services in the environmental justice area. Requires the President and the Government Accountability Office (GAO) to provide certain reports to Congress relating to environmental justice.

To direct each Federal agency to establish an Environmental Justice Office, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Health Fair Payment Act of 1998''. SEC. 2. REVISION OF PER BENEFICIARY LIMITS AND PER VISIT PAYMENT LIMITS FOR PAYMENT FOR HOME HEALTH SERVICES UNDER THE MEDICARE PROGRAM. (a) Revision of Per Beneficiary Limits.-- (1) In general.--Section 1861(v)(1)(L)(v) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(v)) is amended to read as follows: ``(v)(I) For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997, the Secretary shall provide for an interim system of limits. Payment shall not exceed the costs determined under the preceding provisions of this subparagraph or, if lower, the product of-- ``(aa) the applicable limit determined under subclause (II) or (III) for the cost reporting period involved; and ``(bb) the agency's unduplicated census count of patients (entitled to benefits under this title) for the cost reporting period subject to the limitation. ``(II) The applicable limit for cost reporting periods beginning in fiscal year 1998 is an agency-specific per beneficiary annual limitation calculated based 75 percent on 98 percent of the reasonable costs (including nonroutine medical supplies) for the agency's 12-month cost reporting period ending during fiscal year 1994, and based 25 percent on 98 percent of the standardized regional average of such costs for the agency's census division, as applied to such agency, for cost reporting periods ending during fiscal year 1994, such costs updated by the home health market basket index. ``(III) The applicable limit for cost reporting periods beginning on or after October 1, 1998, and that are not subject to the prospective payment system under section 1895, is an agency-specific per beneficiary annual limitation calculated-- ``(aa) based 50 percent on the per beneficiary annual limitation determined under subclause (II) for the agency; ``(bb) based 25 percent on the standardized national mean equal to $3,708.25 for fiscal year 1999 (of which $2,880.12 is the labor component, and $828.13 is the non-labor component); and ``(cc) based 25 percent on the standardized regional average of the limits for the agency's census division (as specified in tables 3B and 3D published in the Federal Register on August 11, 1998 (63 Fed. Reg. 42926)); such limits updated by the home health market basket index for each subsequent fiscal year (if any) through the fiscal year involved.''. (2) New agencies.--Section 1861(v)(1)(L)(vi) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vi)) is amended-- (A) in subclause (I), by striking ``For new'' and inserting ``Subject to subclause (II), for new''; (B) by redesignating subclause (II) as subclause (III); and (C) by inserting after subclause (I) the following: ``(II) In the case of cost reporting periods beginning on or after October 1, 1998, the limits in subclause (I) shall be determined as if any reference in clause (v)(II) to `98 percent' were a reference to `100 percent'.''. (3) Conforming amendment.--Section 1861(v)(1)(L)(vii)(I) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vii)(I)) is amended by striking ``clause (v)(I)'' and inserting ``clause (v)(II)''. (b) Revision of Per Visit Limits.--Section 1861(v)(1)(L)(i) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(i)) is amended-- (1) in subclause (III), by striking ``or''; (2) in subclause (IV)-- (A) by inserting ``and before October 1, 1998,'' after ``October 1, 1997,''; and (B) by striking the period at the end and inserting ``, or''; and (3) by adding at the end the following: ``(V) October 1, 1998, 110 percent of such median. For fiscal year 1999, the limits determined under this clause shall be equal to the per visit limits as specified in table 3A published in the Federal Register on August 11, 1998 (63 Fed. Reg. 42925) and as subsequently corrected, increased by 4.76 percent (which is equal to 110 divided by 105).''. (c) One-Year Delay in Implementation of Prospective Payment System for Home Health Services and Contingency Reduction in Payment Limits.-- (1) Prospective payment system.--Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended-- (A) in subsection (a), by striking ``October 1, 1999'' and inserting ``October 1, 2000''; (B) in subsection (b)(3)-- (i) in subparagraph (A)(i), by striking ``fiscal year 2000'' and inserting ``fiscal year 2001''; (ii) in subparagraph (A)(ii), by striking ``September 30, 1999'' and inserting ``September 30, 2000''; and (iii) in subparagraph (B)(i), by striking ``fiscal year 2001'' and inserting ``fiscal year 2002''; and (C) in subsection (c), in the matter preceding paragraph (1), by striking ``October 1, 1998'' and inserting ``October 1, 1999''. (2) Change in effective date.--Section 4603(d) of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is amended by striking ``October 1, 1999'' and inserting ``October 1, 2000''. (3) Contingency reduction.--Section 4603(e) of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is amended by striking ``September 30, 1999'' and inserting ``September 30, 2000''. (d) Change in Home Health Market Basket Increase for Home Health Services.-- (1) Interim payment system.--Section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) is amended by adding at the end the following: ``(viii) Notwithstanding any other provision of this subparagraph, any home health market basket update to any limit under this subparagraph shall-- ``(I) be reduced by 0.5 percentage point for any cost reporting period beginning in fiscal year 2000 or 2001; and ``(I) be increased by 1 percentage point for any cost reporting period beginning in fiscal year 2004.''. (2) Prospective payment system.--Section 1895(b)(3)(B)(ii) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(B)(ii)) is amended by adding at the end the following: ``Such increase shall be reduced by 0.5 percentage point for any cost reporting period beginning in fiscal year 2001 and shall be increased by 1 percentage point for any cost reporting period beginning in fiscal year 2004.''. (e) Effective Date.--The amendments made by subsections (a) and (b) shall apply to cost reporting periods beginning on or after October 1, 1998. SEC. 3. CLARIFICATION AND EXPANSION OF MATHEMATICAL ERROR ASSESSMENT PROCEDURES. (a) TIN Deemed Incorrect if Information on Return Differs With Agency Records.--Section 6213(g)(2) of the Internal Revenue Code of 1986 (defining mathematical or clerical error) is amended by adding at the end the following flush sentence: ``A taxpayer shall be treated as having omitted a correct TIN for purposes of the preceding sentence if information provided by the taxpayer on the return with respect to the individual whose TIN was provided differs from the information the Secretary obtains from the person issuing the TIN.'' (b) Expansion of Mathematical Error Procedures to Cases Where TIN Establishes Individual Not Eligible for Tax Credit.--Section 6213(g)(2) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (I), by striking the period at the end of the first subparagraph (J) (relating to higher education credit) and inserting a comma, by redesignating the second subparagraph (J) (relating to earned income credit) as subparagraph (K) and by striking the period at the end and inserting ``, and'', and by adding at the end the following new subparagraph: ``(L) the inclusion on a return of a TIN required to be included on the return under section 21, 24, or 32 if-- ``(i) such TIN is of an individual whose age affects the amount of the credit under such section, and ``(ii) the computation of the credit on the return reflects the treatment of such individual as being of an age different from the individual's age based on such TIN.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. INCLUSION OF ROTAVIRUS GASTROENTERITIS TO LIST OF TAXABLE VACCINES. (a) In General.--Section 4132(1) of the Internal Revenue Code of 1986 (defining taxable vaccine) is amended by adding at the end the following new subparagraph: ``(K) Any vaccine against rotavirus gastroenteritis.'' (b) Effective Date.-- (1) Sales.--The amendment made by this section shall apply to sales after the date of enactment of this Act. (2) Deliveries.--For purposes of paragraph (1), in the case of sales on or before the date of enactment of this Act for which delivery is made after such date, the delivery date shall be considered the sale date. SEC. 5. CLARIFICATION OF DEFINITION OF SPECIFIED LIABILITY LOSS. (a) In General.--Subparagraph (B) of section 172(f)(1) of the Internal Revenue Code of 1986 (defining specified liability loss) is amended to read as follows: ``(B) Any amount (not described in subparagraph (A)) allowable as a deduction under this chapter which is attributable to a liability-- ``(i) under a Federal or State law requiring the reclamation of land, decommissioning of a nuclear power plant (or any unit thereof), dismantlement of an offshore drilling platform, remediation of environmental contamination, or payment of workmen's compensation, and ``(ii) with respect to which the act (or failure to act) giving rise to such liability occurs at least 3 years before the beginning of the taxable year.'' (b) Effective Date.--The amendment made by this section shall apply to net operating losses for taxable years ending after the date of the enactment of this Act. SEC. 6. LIMITATION ON REQUIRED ACCRUAL OF AMOUNTS RECEIVED FOR PERFORMANCE OF CERTAIN PERSONAL SERVICES. (a) In General.--Paragraph (5) of section 448(d) of the Internal Revenue Code of 1986 (relating to special rule for services) is amended by inserting ``in fields referred to in paragraph (2)(A)'' after ``services by such person''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1998. (c) Coordination With Section 481.--In the case of any taxpayer required by this section to change its method of accounting for any taxable year-- (1) such change shall be treated as initiated by the taxpayer; (2) such change shall be treated as made with the consent of the Secretary of the Treasury; and (3) the period for taking into account the adjustments under section 481 by reason of such change shall be 3 years. SEC. 7. RETURNS RELATING TO CANCELLATIONS OF INDEBTEDNESS BY ORGANIZATIONS LENDING MONEY. (a) In General.--Paragraph (2) of section 6050P(c) of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``; and'', and by inserting after subparagraph (C) the following new subparagraph: ``(D) any organization a significant trade or business of which is the lending of money.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to discharges of indebtedness after December 31, 1998.

Medicare Home Health Fair Payment Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the computation formula of the interim system of limited payments for services provided by home health agencies, as amended by the Balanced Budget Act of 1997, in order to: (1) create a new formula for cost reporting periods beginning on or after October 1, 1998 with the agency-specific per beneficiary annual limitation calculated on a different basis which still makes use of the agency's census division; (2) revise the rules for new providers for cost reporting periods beginning on or after October 1, 1998; (3) provide for a five percent increase in per visit cost limits for such cost reporting periods; (4) provide for a one year delay in establishment of a prospective payment system (PPS) for home health services and in implementation of the mandatory 15 percent reduction in cost and per beneficiary limits under such interim system; and (5) adjust the home health market basket update for home health services under PPS and such interim system, reducing it by a specified percentage for any cost reporting period beginning in FY 2000 or 2001, and increasing it by another specified percentage for any cost reporting period beginning in FY 2004. Amends the Internal Revenue Code to treat: (1) a taxpayer as having omitted a correct taxpayer identification number (TIN) for purposes of mathematical error assessment if information provided by the taxpayer on the return with respect to the individual whose TIN was provided differs from the information the Secretary of the Treasury obtains from the person issuing the TIN; and (2) as a mathematical error the inclusion on a return of a TIN if it is of an individual whose age affects the amount of the tax credit involved and the computation of such credit reflects the treatment of such individual as being of an age different from the individual's age based on such TIN. Adds the vaccine against rotavirus gastroenteritis to the list of taxable vaccines for Federal sales tax purposes. Limits specified liability losses for purposes of the net operating loss deduction to those attributable to a liability under a Federal or State law requiring the reclamation of land, decommissioning of a nuclear power plant (or any unit thereof), dismantlement of an offshore drilling platform, remediation of environmental contamination, or payment of workmen's compensation. Limits the rule waiving the accrual method requirement for any portion of payment amounts which will not be collected to persons performing services in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, or consulting. Applies to any organization a significant trade or business of which is the lending of money the requirement of filing a return relating to the cancellation of indebtedness.

Medicare Home Health Fair Payment Act of 1998

SECTION 1. UNITED STATES PENSION PLANS. (a) Findings.--Congress finds the following: (1) The United States and the international community face no greater threat to their security than the prospect of rogue regimes who support international terrorism obtaining weapons of mass destruction, and particularly nuclear weapons. (2) Iran is the leading state sponsor of international terrorism and is close to achieving nuclear weapons capability but has paid no price for nearly 20 years of deception over its nuclear program. Foreign entities that have invested in Iran's energy sector, despite Iran's support of international terrorism and its nuclear program, have afforded Iran a free pass while many United States entities have unknowingly invested in those same foreign entities. (3) United States investors have a great deal at stake in preventing Iran from acquiring nuclear weapons. (4) United States investors can have considerable influence over the commercial decisions of the foreign entities in which they have invested. (b) Publication in Federal Register.--Not later than six months after the date of the enactment of this Act and every six months thereafter, the President shall ensure publication in the Federal Register of a list of all United States and foreign entities that have invested more than $20,000,000 in Iran's energy sector between August 5, 1996, and the date of such publication. Such list shall include an itemization of individual investments of each such entity, including the dollar value, intended purpose, and current status of each such investment. (c) Disclosure to Investors.-- (1) In general.--Not later than 30 days after the date of publication of a list in the relevant Federal Register under subsection (b), managers of United States Government pension plans or thrift savings plans, managers of pension plans maintained in the private sector by plan sponsors in the United States, and managers of mutual funds sold or distributed in the United States shall notify investors that the funds of such investors are invested in an entity included on the list and that the funds will be divested from such investments. Such notification shall contain the following information: (A) The name or other identification of the entity. (B) The amount of the investment in the entity. (C) The potential liability to the entity if sanctions are imposed by the United States on Iran or on the entity. (D) The potential liability to investors if such sanctions are imposed. (E) The measures being undertaken by the managers to divest from such investments. (2) Follow-up notification.-- (A) In general.--Except as provided in subparagraph (C), in addition to the notification required under paragraph (1), such managers shall also include such notification in every prospectus and in every regularly provided quarterly, semi-annual, or annual report provided to investors, if the funds of such investors are invested in an entity included on the list. (B) Contents of notification.--The notification described in subparagraph (A) shall be displayed prominently in any such prospectus or report and shall contain the information described in paragraph (1). (C) Good-faith exception.--If, upon publication of a list in the relevant Federal Register under subsection (b), such managers verifiably divest all investments of such plans or funds in any entity included on the list and such managers do not initiate any new investment in any other such entity, such managers shall not be required to include the notification described in subparagraph (A) in any prospectus or report provided to investors. (d) Divestiture From Iran.--Upon notification under subsection (c), managers of United States Government pension plans or thrift savings plans, shall take, to the extent consistent with the legal and fiduciary duties otherwise imposed on them, immediate steps to divest all investments of such plans or funds in any entity included on the list. (e) Sense of Congress Relating to Further Divestiture From Iran.-- It is the sense of Congress that upon publication of a list in the relevant Federal Register under subsection (b), managers of pension plans maintained in the private sector by plan sponsors in the United States and managers of mutual funds sold or distributed in the United States should take immediate steps to divest all investments of such plans or funds in any entity included on the list. (f) Prohibition on Future Investment.--Upon publication of a list in the relevant Federal Register under subsection (b), there shall be, to the extent consistent with the legal and fiduciary duties otherwise imposed on them, no future investment in any entity included on the list by managers of United States Government pension plans or thrift savings plans, managers of pension plans maintained in the private sector by plan sponsors in the United States, or managers of mutual funds sold or distributed in the United States. SEC. 2. REPORT BY OFFICE OF GLOBAL SECURITY RISKS. Not later than 30 days after the date of publication of a list in the relevant Federal Register under section 1(b), the Office of Global Security Risks within the Division of Corporation Finance of the United States Securities and Exchange Commission shall issue a report containing a list of the United States and foreign entities identified in accordance with such section, a determination of whether or not the operations in Iran of any such entity constitute a political, economic, or other risk to the United States, and a determination of whether or not the entity faces United States litigation, sanctions, or similar circumstances that are reasonably likely to have a material adverse impact on the financial condition or operations of the entity. SEC. 3. SUNSET. This Act shall terminate 30 days after the date on which: (1) the President has certified to Congress that the Government of Iran has ceased providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state-sponsor of terrorism for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law; and (2) Iran has permanently ceased the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and missiles.

Directs the President to publish in the Federal Register a list of all U.S. and foreign entities that have invested more than $20 million in Iran's energy sector (including an itemization of individual investments of such entities) between August 5, 1996, and the date of such publication. Requires managers of federal and private pension plans or thrift savings plans and managers of mutual funds sold or distributed in the United States to: (1) notify investors that their funds are invested in entities included on the list; and (2) take immediate steps, upon notification or publication of such list, to divest all investments of such plans or funds in such entities. Prohibits, upon such publication, future investment in any entity included on the list by managers of such plans or funds. Requires the Office of Global Security Risks within the Division of Corporation Finance of the U.S. Securities and Exchange Commission to issue a report on the entities identified on the list, including a determination of whether or not: (1) their operations in Iran constitute a risk to the United States; and (2) such entities face U.S. litigation, sanctions, or similar circumstances that may have a material adverse impact on their financial conditions or operations. Terminates this Act 30 days after which: (1) the President certifies to Congress that Iran has ceased support for international terrorism; and (2) Iran has permanently ceased acquisition and development of weapons of mass destruction.

To require divestiture of current investments in Iran, to prohibit future investments in Iran, and to require disclosure to investors of information relating to such investments.

SECTION 1. INCREASE IN CONTRIBUTION LIMITS FOR HEALTH SAVINGS ACCOUNTS. (a) Increase in Monthly Limit.-- (1) In general.--Paragraph (2) of section 223(b) of the Internal Revenue Code of 1986 (relating to monthly limitation) is amended to read as follows: ``(2) Monthly limitation.-- ``(A) In general.--In the case of an eligible individual who has coverage under a high deductible health plan, the monthly limitation for any month of such coverage is \1/12 \of the lesser of-- ``(i) the sum of the annual deductible and the other annual out-of-pocket expenses (other than for premiums) required to be paid under the plan by the eligible individual for covered benefits, or ``(ii) in the case of an eligible individual with-- ``(I) self-only coverage, the dollar amount in effect under subclause (I) of subsection (c)(2)(A)(ii), or ``(II) family coverage, the dollar amount in effect under subclause (II) of subsection (c)(2)(A)(ii). ``(B) Special rules relating to out-of-pocket expenses.-- ``(i) Reduction for separate plan.--The annual out-of-pocket expenses taken into account under subparagraph (A)(i) with respect to any eligible individual shall be reduced by any out-of-pocket expense payable under a separate plan covering the individual. ``(ii) Secretarial authority.--The Secretary may by regulations provide that annual out-of-pocket expenses will not be taken into account under subparagraph (A)(i) to the extent that there is only a remote likelihood that such amounts will be required to be paid.'' (2) Conforming amendments.-- (A) Section 223(b)(3)(A) of such Code is amended by striking ``subparagraphs (A) and (B) of''. (B) Section 223(d)(1)(A)(ii)(I) of such Code is amended by striking ``subsection (b)(2)(B)(ii)'' and inserting ``subsection (c)(2)(A)(ii)(II)''. (C) Section 223(c)(2)(D)(ii) of such Code is amended to read as follows: ``(ii) Certain items disregarded in computing monthly limitation.--Such plan's annual deductible, and such plan's annual out- of-pocket limitation, for services provided outside of such network shall not be taken into account for purposes of subsection (b)(2).''. (b) Application of Special Rules for Married Individuals.-- Paragraph (5) of section 223(b) of the Internal Revenue Code of 1986 (relating to special rule for married individuals) is amended to read as follows: ``(5) Special rules for married individuals.-- ``(A) In general.--In the case of individuals who are married to each other and who are both eligible individuals, the limitation under paragraph (1) for each spouse shall be equal to the spouse's applicable share of the combined marital limit. ``(B) Combined marital limit.--For purposes of subparagraph (A), the combined marital limit is the excess (if any) of-- ``(i) the lesser of-- ``(I) subject to subparagraph (C), the sum of the limitations computed separately under paragraph (1) for each spouse (including any additional contribution amount under paragraph (3)), or ``(II) the dollar amount in effect under subsection (c)(2)(A)(ii)(II), over ``(ii) the aggregate amount paid to Archer MSAs of such spouses for the taxable year. ``(C) Special rule where both spouses have family coverage under same plan.--For purposes of subparagraph (B)(i)(I), if either spouse has family coverage which covers both spouses, both spouses shall be treated as having only such coverage (and if both spouses each have such coverage under different plans, shall be treated as having only family coverage with the plan with respect to which the lowest amount is determined under paragraph (2)(A)(i)). ``(D) Applicable share.--For purposes of subparagraph (A), a spouse's applicable share is one- half of the combined marital limit unless both spouses agree on a different division. ``(E) Couples not married entire year.--The Secretary shall prescribe rules for the application of this paragraph in the case of any taxable year for which the individuals were not married to each other during all months included in the taxable year, including rules which allow individuals in appropriate cases to take into account coverage prior to marriage in computing the combined marital limit for purposes of this paragraph.''. (c) Self-Only Coverage.--Section 223(c)(4) of the Internal Revenue Code of 1986 (defining family coverage) is amended to read as follows: ``(4) Coverage.-- ``(A) Family coverage.--The term `family coverage' means any coverage other than self-only coverage. ``(B) Self-only coverage.--If more than 1 individual is covered by a high deductible health plan but only 1 of the individuals is an eligible individual, the coverage shall be treated as self-only coverage.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Amends the Internal Revenue Code to allow participants in high deductible health care insurance plans an increased tax deduction for contributions to a health savings account.

A bill to amend the Internal Revenue Code of 1986 to increase the contribution limits for health savings accounts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Clean and Safe Water Fund Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) the Administrator of the Environmental Protection Agency has determined that more than 40 percent of the assessed water of the United States does not meet applicable water quality standards established by States, territories, and Indian tribes; (2) the water described in paragraph (1) includes approximately 300,000 miles of rivers and shorelines, and approximately 5,000,000 acres of lakes, that are polluted by sediments, excess nutrients, and harmful microorganisms; (3) Congress enacted-- (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) to maintain the chemical, physical, and biological integrity of water of the United States; and (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.) to protect public health by regulating the public drinking water supply of the United States; (4) because criminal, civil, and administrative penalties assessed under the Acts referred to in paragraph (3) are returned to the Treasury, those amounts are not available to protect, preserve, or enhance the quality of water in watersheds in which violations of those Acts occur; and (5) the establishment of a national clean and safe water fund would help States in achieving the goals described in paragraph (1) by providing funding to protect and improve watersheds and aquifers. SEC. 3. NATIONAL CLEAN AND SAFE WATER FUND. Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) is amended by adding at the end the following: ``(h) National Clean and Safe Water Fund.-- ``(1) Establishment.--There is established in the Treasury a fund to be known as the `National Clean and Safe Water Fund' (referred to in this subsection as the `Fund') consisting of amounts transferred to the Fund under paragraph (2) and amounts credited to the Fund under paragraph (3). ``(2) Transfer of amounts.--Notwithstanding any other provision of law, for fiscal year 2003 and each fiscal year thereafter, the Secretary of the Treasury shall transfer to the Fund an amount determined by the Secretary to be equal to the total amount deposited in the general fund of the Treasury in the preceding fiscal year from fines, penalties, and other funds collected as a result of enforcement actions brought under this section, section 505(a)(1), or the Safe Drinking Water Act (42 U.S.C. 300f et seq.), excluding any amounts ordered to be used to carry out projects in accordance with subsection (d). ``(3) Investment of amounts.-- ``(A) In general.--The Secretary of the Treasury shall invest in interest-bearing obligations of the United States such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. ``(B) Administration.--The obligations shall be acquired and sold and interest on, and the proceeds from the sale or redemption of, the obligations shall be credited to the Fund in accordance with section 9602 of the Internal Revenue Code of 1986. ``(4) Use of amounts for water quality projects.-- ``(A) In general.--Amounts in the Fund shall be available to the Administrator, subject to appropriation, to carry out projects the primary purpose of which is water quality maintenance or improvement, including-- ``(i) water conservation projects; ``(ii) wetland protection and restoration projects; ``(iii) contaminated sediment projects; ``(iv) drinking water source protection projects; ``(v) projects consisting of best management practices that reduce pollutant loads in an impaired or threatened body of water; ``(vi) decentralized stormwater or wastewater treatment projects, including low- impact development practices; ``(vii) projects consisting of conservation easements or land acquisition for water quality protection; ``(viii) projects consisting of construction or maintenance of stream buffers; ``(ix) projects for planning, design, and construction of treatment works to remediate or control combined or sanitary sewer overflows; and ``(x) such other similar projects as the Administrator determines to be appropriate. ``(B) Limitations on use of funds.--Amounts in the Fund-- ``(i)(I) shall be used only to carry out projects described in subparagraph (A); and ``(II) shall not be used by the Administrator to pay the cost of any legal or administrative expense incurred by the Administrator (except a legal or administrative expense relating to administration of the Fund); and ``(ii) shall be in addition to any amount made available to carry out projects described in subparagraph (A) under any other provision of law. ``(5) Selection of projects.-- ``(A) Priority.--In selecting among projects eligible for assistance under this subsection, the Administrator shall give priority to a project described in paragraph (4) that is located in a watershed in a State in which there has occurred a violation under this Act or the Safe Drinking Water Act (42 U.S.C. 300f et seq.) for which an enforcement action was brought that resulted in the payment of an amount into the general fund of the Treasury. ``(B) Selection criteria.--The Administrator, in consultation with the United States Geological Survey and other appropriate agencies, shall establish criteria that maximize water quality improvement in watersheds and aquifers for use in selecting projects to carry out under this subsection. ``(C) Coordination with states.--In selecting a project to carry out under this subsection, the Administrator shall coordinate with the State in which the Administrator is considering carrying out the project. ``(6) Implementation.-- ``(A) In general.--Subject to subparagraph (B), the Administrator may carry out a project under this subsection making grants to-- ``(i) another Federal agency; ``(ii) a State agency; ``(iii) a political subdivision of a State; ``(iv) a publicly-owned treatment works; ``(v) a nonprofit entity; ``(vi) a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); ``(vii) a Federal interstate water compact commission; ``(viii) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); or ``(ix) a Native Hawaiian (as defined in section 12 of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11710)). ``(B) Exclusion.--Under subparagraph (A), the Administrator may not make any grant to or enter into any contract with any private entity that is subject to regulation under-- ``(i) this Act; or ``(ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.). ``(7) Report to congress.--Not later than 1 year after the date of enactment of this subsection and biennially thereafter, the Administrator shall submit to Congress a report that-- ``(A) identifies the projects selected for funding under this subsection during the period covered by the report; ``(B) details the selection criteria established under paragraph (5)(B) that were used to select those projects; ``(C) describes the ways in which the Administrator coordinated with States under paragraph (5)(C) in selecting those projects; and ``(D) describes the priorities for use of funds from the Fund in future years in order to achieve water quality goals in bodies of impaired or threatened water. ``(8) No effect on obligation to comply.--Nothing in this subsection affects the obligation of any person subject to this Act or the Safe Drinking Water Act (42 U.S.C. 300f et seq.) to comply with either of those Acts.''. SEC. 4. USE OF CIVIL PENALTIES FOR REMEDIAL PROJECTS. (a) In General.--Section 309(d) of the Federal Water Pollution Control Act (33 U.S.C. 1319(d)) is amended by inserting after the second sentence the following: ``The court may order that a civil penalty assessed under this Act or the Safe Drinking Water Act (42 U.S.C. 300f et seq.) (other than a civil penalty that would otherwise be deposited in the Oil Spill Liability Trust Fund under section 9509 of the Internal Revenue Code of 1986) be used to carry out 1 or more projects in accordance with clauses (i) through (iv) of subsection (h)(4)(A).''. (b) Conforming Amendment.--Section 505(a) of the Federal Water Pollution Control Act (33 U.S.C. 1365(a)) is amended in the last sentence by inserting before the period at the end the following: ``, including ordering the use of a civil penalty for carrying out projects in accordance with section 309(d)''.

National Clean and Safe Water Fund Act of 2003 - Amends the Federal Water Pollution Control Act to establish a National Clean and Sage Water Fund to carry out water quality projects. Grants priority to projects located in a watershed in a State where there has been a violation of that Act or the Safe Drinking Water Act. Permits the use of civil penalties assessed under that Act or the Safe Drinking Water Act to be used for these remedial projects.

A bill to amend the Federal Water Pollution Control Act to establish a National Clean and Sage Water Fund and to authorize the Administrator of the Environmental Protection Agency to use amounts in the Fund to carry out projects to promote the recovery of waters of the United States from damage resulting from violations of that Act and the Safe Drinking Water Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chinese Currency Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The economy and national security of the United States are critically dependent upon a vibrant manufacturing base. (2) The good health of the United States manufacturing industry requires, among other things, unfettered access to open markets abroad and fairly traded raw materials and products in accord with the international legal principles and agreements of the World Trade Organization and the International Monetary Fund. (3) Since 1994, the People's Republic of China has aggressively intervened in currency markets to peg the Chinese currency, known as the renminbi or yuan, at a fixed rate of approximately 8.28 yuan to the United States dollar. (4) Economists generally agree that this policy by the People's Republic of China has resulted in substantial undervaluation of the renminbi, perhaps by 40 percent or more. (5) Evidence of this undervaluation can be found in the large and growing annual trade surpluses of the People's Republic of China, foreign-direct investment in China, and rapidly increasing aggregate amount of foreign-currency reserves. (6) The renminbi's undervaluation acts as both a subsidy for exports from the People's Republic of China and a non- tariff barrier against imports into China, to the serious detriment of the United States manufacturing industry. (7)(A) As a member of both the World Trade Organization and the International Monetary Fund, the People's Republic of China has assumed a series of international legal obligations that proscribe subsidization of exports and exchange-rate manipulation. (B) These prohibitions are most prominently set forth in Articles VI, XV, and XVI of the GATT 1994 (as defined in section 2(1)(B) of the Uruguay Round Agreements Act (19 U.S.C. 3501(1)(B)), in the Agreement on Subsidies and Countervailing Measures (as defined in section 101(d)(12) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(12)), and in Articles IV and VIII of the International Monetary Fund's Articles of Agreement. (8) In addition, as a further condition of its accession agreement to become a member of the World Trade Organization on December 11, 2001, the People's Republic of China agreed to a transitional product-specific safeguard mechanism to address market disruption to an importing member's domestic industry due to increased imports of products of Chinese origin. (9) Despite its international legal obligations, and notwithstanding extended and ongoing negotiations with the United States, the People's Republic of China has given no indication of any intent to correct the renminbi's undervaluation in the foreseeable future. (10) Under the foregoing circumstances, it is consistent with the international legal obligations of the People's Republic of China and with the corresponding international legal rights of the United States to amend relevant United States trade laws to make explicit that exchange-rate manipulation is actionable as either or both a countervailable export subsidy and as a cause of present or threatened market disruption to United States domestic producers. SEC. 3. CLARIFICATION TO INCLUDE EXCHANGE-RATE MANIPULATION AS COUNTERVAILABLE SUBSIDY UNDER TITLE VII OF THE TARIFF ACT OF 1930. (a) Amendments to Definition of Countervailable Subsidy.-- (1) Financial contribution.--Section 771(5)(D) of the Tariff Act of 1930 (19 U.S.C. 1677(5)(D)) is amended-- (A) by striking ``The term'' and inserting ``(i) The term''; (B) by redesignating clauses (i) through (iv) as subclauses (I) through (IV), respectively; and (C) by adding at the end the following: ``(ii) In addition to clause (i), the term `provides a financial contribution' means to engage in exchange-rate manipulation (as defined in paragraph (5C)).''. (2) Benefit conferred.--Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(5)(E)) is amended-- (A) in clause (iii), by striking ``, and'' and inserting a comma; (B) in clause (iv), by striking the period at the end and inserting ``, and''; and (C) by adding at the end the following new clause: ``(v) in the case of exchange-rate manipulation (as defined in paragraph (5C)), if the price of exported goods is less than what the price of such goods would be absent the exchange-rate manipulation.''. (3) Specificity.--Section 771(5A)(B) of the Tariff Act of 1930 (19 U.S.C. 1677(5A)(B)) is amended by adding at the end before the period the following: ``, such as exchange-rate manipulation (as defined in paragraph (5C))''. (b) Definition of Exchange-Rate Manipulation.--Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by inserting after paragraph (5B) the following new paragraph: ``(5C) Definition of exchange-rate manipulation.-- ``(A) In general.--For purposes of paragraphs (5) and (5A), the term `exchange-rate manipulation' means protracted large-scale intervention by an authority to undervalue its currency in the exchange market that prevents effective balance-of-payments adjustment or that gains an unfair competitive advantage over any other country. ``(B) Factors.--In determining whether exchange- rate manipulation is occurring and a benefit thereby conferred, the administering authority in each case-- ``(i) shall consider the exporting country's-- ``(I) bilateral balance-of-trade surplus or deficit with the United States; ``(II) balance-of-trade surplus or deficit with its other trading partners individually and in the aggregate; ``(III) foreign direct investment in its territory; ``(IV) currency-specific and aggregate amounts of foreign currency reserves; and ``(V) mechanisms employed to maintain its currency at a fixed exchange rate relative to another currency and, particularly, the nature, duration, and monetary expenditures of those mechanisms; ``(ii) may consider such other economic factors as are relevant; and ``(iii) shall measure the trade surpluses or deficits described in subclauses (I) and (II) of clause (i) with reference to the trade data reported by the United States and the other trading partners of the exporting country, unless such trade data are not available or are demonstrably inaccurate, in which case the exporting country's trade data may be relied upon if shown to be sufficiently accurate and trustworthy. ``(C) Type of economy.--An authority found to be engaged in exchange-rate manipulation may have either a market economy or a nonmarket economy or a combination thereof.''. (c) Effective Date.--The amendments made by this section apply with respect to a countervailing duty investigation initiated under subtitle A of title VII of the Tariff Act of 1930 before, on, or after the date of the enactment of this Act. SEC. 4. CLARIFICATION TO INCLUDE EXCHANGE-RATE MANIPULATION BY THE PEOPLE'S REPUBLIC OF CHINA AS MARKET DISRUPTION UNDER CHAPTER 2 OF TITLE IV OF THE TRADE ACT OF 1974. (a) Market Disruption.-- (1) In general.--Section 421(c) of the Trade Act of 1974 (19 U.S.C. 2451(c)) is amended by adding at the end the following new paragraph: ``(3) For purposes of this section, the term `under such conditions' includes, but is not limited to, by reason of exchange-rate manipulation (as defined in paragraph (4)).''. (2) Definition of exchange-rate manipulation.--Section 421(c) of the Trade Act of 1974 (19 U.S.C. 2451(c)), as amended by paragraph (1), is further amended by adding at the end the following new paragraph: ``(4)(A) For purposes of this section, the term `exchange-rate manipulation' means protracted large-scale intervention by the Government of the People's Republic of China or any other public entity within the territory of the People's Republic of China to undervalue its currency in the exchange market that prevents effective balance-of- payments adjustment or that gains an unfair competitive advantage over the United States. ``(B) In determining whether exchange-rate manipulation is occurring, the Commission in each case-- ``(i) shall consider China's-- ``(I) bilateral balance-of-trade surplus or deficit with the United States; ``(II) balance-of-trade surplus or deficit with its other trading partners individually and in the aggregate; ``(III) foreign direct investment in its territory; ``(IV) currency-specific and aggregate amounts of foreign currency reserves; and ``(V) mechanisms employed to maintain its currency at a fixed exchange rate relative to another currency and, particularly, the nature, duration, and monetary expenditures of those mechanisms; ``(ii) may consider such other economic factors as are relevant; and ``(iii) shall measure the trade surpluses or deficits described in subclauses (I) and (II) of clause (i) with reference to the trade data reported by the United States and the other trading partners of China, unless such trade data are not available or are demonstrably inaccurate, in which case China's trade data may be relied upon if shown to be sufficiently accurate and trustworthy.''. (b) Critical Circumstances.--Section 421(i)(1) of the Trade Act of 1974 (19 U.S.C. 2451(i)(1)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) in those instances in which the petition alleges and reasonably documents that exchange-rate manipulation is occurring, shall consider that factor as weighing in favor of affirmative findings under subparagraphs (A) and (B).''. (c) Standard for Presidential Action.--Section 421(k)(2) of the Trade Act of 1974 (19 U.S.C. 2451(k)(2)) is amended by adding at the end the following new sentence: ``In those instances in which the Commission has made an affirmative determination that exchange-rate manipulation is occurring, the President shall consider that factor as weighing in favor of providing import relief in accordance with subsection (a).''. (d) Modifications of Relief.--Section 421(n)(2) of the Trade Act of 1974 (19 U.S.C. 2451(n)(2)) is amended by adding at the end the following new sentence: ``In those instances in which the Commission has made an affirmative determination that exchange-rate manipulation is occurring, the Commission and the President shall consider that factor as weighing in favor of finding that continuation of relief is necessary to prevent or remedy the market disruption at issue.''. (e) Extension of Action.--Section 421(o) of the Trade Act of 1974 (19 U.S.C. 2451(o)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``In those instances in which the Commission has made an affirmative determination that exchange-rate manipulation is occurring, the Commission shall consider that factor as weighing in favor of finding that an extension of the period of relief is necessary to prevent or remedy the market disruption at issue.''; and (2) in paragraph (4), by adding at the end the following new sentence: ``In those instances in which the Commission has made an affirmative determination that exchange-rate manipulation is occurring, the President shall consider that factor as weighing in favor of finding that an extension of the period of relief is necessary to prevent or remedy the market disruption at issue.''. (f) Effective Date.--The amendments made by this section apply with respect to an investigation initiated under chapter 2 of title IV of the Trade Act of 1974 before, on, or after the date of the enactment of this Act. SEC. 5. PROHIBITION ON PROCUREMENT BY THE DEPARTMENT OF DEFENSE OF CERTAIN DEFENSE ARTICLES IMPORTED FROM THE PEOPLE'S REPUBLIC OF CHINA. (a) Copy of Petition, Request, or Resolution to Be Transmitted to the Secretary of Defense.--Section 421(b)(4) of the Trade Act of 1974 (19 U.S.C. 2451(b)(4)) is amended by inserting ``, the Secretary of Defense'' after ``, the Trade Representative''. (b) Determination of Secretary of Defense.--Section 421(b) of the Trade Act of 1974 (19 U.S.C. 2451(b)) is amended by adding at the end the following new paragraph: ``(6) Not later than 15 days after the date on which an investigation is initiated under this subsection, the Secretary of Defense shall submit to the Commission a report in writing which contains the determination of the Secretary as to whether or not the articles of the People's Republic of China that are the subject of the investigation are like or directly competitive with articles produced by a domestic industry that are critical to the defense industrial base of the United States.''. (c) Prohibition on Procurement by the Department of Defense of Certain Defense Articles.-- (1) Prohibition.--If the United States International Trade Commission makes an affirmative determination under section 421(b) of the Trade Act of 1974 (19 U.S.C. 2451(b)), or a determination which the President or the United States Trade Representative may consider as affirmative under section 421(e) of such Act (19 U.S.C. 2451(e)), with respect to articles of the People's Republic of China that the Secretary of Defense has determined are like or directly competitive with articles produced by a domestic industry that are critical to the defense industrial base of the United States, the Secretary of Defense may not procure, directly or indirectly, such products of the People's Republic of China. (2) Waiver.--The President may waive the application of the prohibition contained in paragraph (1) on a case-by-case basis if the President determines and certifies to Congress that it is in the national security interests of the United States to do so.

Chinese Currency Act of 2005 - Amends the Tariff Act of 1930 regarding countervailing duty investigations to revise the definition of countervailable subsidy to include exchange-rate manipulation. Defines "exchange-rate manipulation" as protracted large-scale intervention by an authority to undervalue its currency in the exchange market that prevents effective balance-of-payments adjustment or that gains an unfair competitive advantage over any other country. Specifies factors for determining whether exchange-rate manipulation is occurring and a benefit thereby conferred. Applies the definition of "exchange-rate manipulation" to the Government of the People's Republic of China (PRC) or any other public entity within its territory. Specifies: (1) factors for determining whether exchange-rate manipulation is occurring in the PRC; (2) actions to be taken, if a petition for an investigation alleges and reasonably documents that it is occurring; and (3) the standard for presidential action to prevent or remedy the market disruption at issue (including import relief and its modification and extension). Directs the Secretary of Defense, upon proper request or resolution, to report to the U.S. International Trade Commission any determination as to whether or not the articles of the PRC that are the subject of the investigation are like or directly competitive with domestically produced articles critical to the U.S. defense industrial base. Prohibits the Secretary from procuring, directly or indirectly, such products if the Commission or the President or the U.S. Trade Representative makes an affirmative determination that the Secretary's determination is accurate. Provides for presidential waiver of the prohibition in the national security interests of the United States.

To clarify that exchange-rate manipulation by the People's Republic of China is actionable under the countervailing duty provisions and the product-specific safeguard mechanisms of the trade laws of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings for American Families' Future Act of 2009''. SEC. 2. MODIFICATION OF SAVER'S CREDIT. (a) 50 Percent Credit for All Taxpayers: Expansion of Phaseout Ranges.--Subsection (b) of section 25B of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Applicable Percentage.--For purposes of this section-- ``(1) In general.--Except as provided in paragraph (2), the applicable percentage is 50 percent. ``(2) Phaseout.--The percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 50 percentage points as-- ``(A) the excess of-- ``(i) the taxpayer's adjusted gross income for such taxable year, over ``(ii) the applicable dollar amount, bears to ``(B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the nearest whole percentage point. ``(3) Applicable dollar amount; phaseout range.-- ``(A) Joint returns.--Except as provided in subparagraph (B)-- ``(i) the applicable dollar amount is $65,000, and ``(ii) the phaseout range is $20,000. ``(B) Other returns.--In the case of-- ``(i) a head of a household (as defined in section 2(b)), the applicable dollar amount and the phaseout range shall be \3/4\ of the amounts applicable under subparagraph (A) (as adjusted under paragraph (4)), and ``(ii) any taxpayer who is not filing a joint return and who is not a head of a household (as so defined), the applicable dollar amount and the phaseout range shall be \1/2\ of the amounts applicable under subparagraph (A) (as so adjusted). ``(4) Inflation adjustment of applicable dollar amount.--In the case of any taxable year beginning in a calendar year after 2010, the dollar amount in paragraph (3)(A)(i) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $500.''. (b) Credit Made Refundable; Matching Contributions.-- (1) Credit made refundable.--The Internal Revenue Code of 1986 is amended by moving section 25B to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits), by inserting section 25B after section 36A, and by redesignating section 25B as section 36B. (2) Matching contributions.--Subsection (g) of section 36B of such Code, as redesignated by paragraph (1), is amended to read as follows: ``(g) Matching Contributions.-- ``(1) In general.--The credit allowed to an eligible individual under this section for any taxable year shall be twice the credit which would (but for this subsection) be allowed if-- ``(A) the individual consents to the application of paragraph (2), and ``(B) a designation by such individual is in effect for such year under paragraph (3). ``(2) Credit paid into designated retirement account.--Any increase in credit under paragraph (1) for any taxable year shall be paid by the Secretary into the designated retirement account of the individual for such year. The amount payable under the preceding sentence shall be subject to the reductions under section 6402 in the same manner as if such amount were an overpayment. The amount so paid shall be treated as refunded to such individual. ``(3) Designated retirement account.--For purposes of this subsection, the term `designated retirement account' means any account or plan-- ``(A) of a type to which qualified retirement savings contributions may be made, ``(B) which is for such individual's benefit, and ``(C) which is designated by such individual (in such form and manner as the Secretary may provide) on the return of tax for the taxable year. ``(4) Treatment of matching contributions.--In the case of an amount paid under paragraph (2) into a designated retirement account-- ``(A) any dollar limitation otherwise applicable to the amount of contributions or deferrals to such account shall be increased by the amount so paid, ``(B) the individual's basis in such account shall not be increased by reason of the amount so paid, and ``(C) such amount shall be treated as an employer contribution for purposes of-- ``(i) section 401(k)(3), and ``(ii) section 408(k)(6)(A)(iii).''. (3) Conforming amendments.-- (A) Sections 24(b)(3)(B), 25(e)(1)(C), 26(a)(1), and 1400C(d) of such Code are each amended by striking ``25B,''. (B) The last sentence of section 25A(i)(5) of such Code is amended by striking ``25B'' and inserting ``36B''. (C) Sections 904(i) of such Code is amended by striking ``23, 24, and 25B,'' and inserting ``23 and 24''. (D) Section 6211(b)(4)(A) of such Code is amended by inserting ``36B,'' after ``36A,''. (E) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B. (F) The table of sections for subpart C of such part is amended by adding at the end the following new item: ``Sec. 36B. Elective deferrals and IRA contributions by certain individuals.''. (G) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36B,'' after ``36A,''. (c) Maximum Contributions.-- (1) Subsection (a) of section 36B of such Code, as redesignated by subsection (b), is amended to read as follows: ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of so much of the qualified retirement savings contributions of the eligible individual for the taxable year as do not exceed the contribution limit. ``(2) Contribution limit.--For purposes of paragraph (1)-- ``(A) In general.--Except as otherwise provided in this paragraph, the contribution limit is $500 ($1,500 for taxable years beginning after 2020). ``(B) Annual increases to reach $1,500.--In the case of taxable years beginning in a calendar year after 2010 and before 2021, the contribution limit shall be the sum of-- ``(i) the contribution limit for taxable years beginning in the preceding calendar year (as increased under this subparagraph), and ``(ii) $100. ``(C) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2020, the $1,500 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2019' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009.

Savings for American Families' Future Act of 2009 - Amends the Internal Revenue Code to: (1) increase the rate of the tax credit for retirement savings contributions; (2) make such credit refundable; and (3) direct the Secretary of the Treasury to pay matching credit amounts into taxpayer retirement accounts.

To amend the Internal Revenue Code of 1986 to expand the availability of the saver's credit, to make the credit refundable, and to make Federal matching contributions into the retirement savings of the taxpayer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Self-Sufficiency Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) A principal objective of programs under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) is to move economically disadvantaged adults toward self-sufficiency through employment that pays a wage and benefits at a level that will allow these adults to support themselves and their dependents without public assistance. (2) While there is evidence that PRWORA has been successful in moving people off welfare and into jobs, it is not known whether these individuals are on the path to economic independence. There is no standardized method for measuring the extent to which PRWORA is meeting the objective of moving families toward self-sufficiency or the impact of public work supports. There is no requirement that States, Congress, or the Administration ascertain the point at which individual families living in specific locations will reach self-sufficiency. (3) At the same time, there is no way of determining what programs have been successful in preparing individuals for the workforce, helping them retain jobs, and moving them in the direction of economic independence. (4) Absent this information, the Congress cannot fully evaluate the success of welfare reform or ensure that state and federal funds are being allocated where they will do the most good. (5) States should understand when families reach self- sufficiency, what programmatic investments help families toward economic independence, and should be rewarded for putting programs in place that will ensure the long-term success of welfare leavers by helping them move toward economic independence. SEC. 3. SELF-SUFFICIENCY STANDARDS. (a) In General.--Section 402 of the Social Security Act (42 U.S.C. 602) is amended-- (1) in subsection (a), by inserting ``, subject to subsection (b),'' after ``the Secretary has found''; and (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following: ``(b) Self-Sufficiency Standards.-- ``(1) In general.--The Secretary may not find that a State plan includes the material described in subsection (a) unless the plan includes a specification of the income needs of families (in this part referred to as `self-sufficiency standards'), adopted or developed by the State, based on family size, the number and ages of children in the family, and sub- State geographical considerations. ``(2) Criteria.--The State self-sufficiency standards shall separately specify the monthly costs of housing, food, child care, transportation, health care, other basic needs, and taxes (including tax benefits), and shall be determined using national, State, and local data on the cost of purchasing goods and services in the marketplace. ``(3) Categories of families.--The State self-sufficiency standards shall categorize families-- ``(A) by whether there are 1 or 2 adults in the family; ``(B) by whether there are 0, 1, 2, 3, or more than 3 children in the family; and ``(C) by the age of each child in the family, according to whether a child is an infant, of pre- school age, of school age, or a teenager. ``(4) Regulations.--The Secretary shall prescribe the protocols, criteria, cost categories, definitions, and means of making inflation adjustments to be used in developing self- sufficiency standards pursuant to this subsection, which shall be based on commonly accepted definitions of adequacy, such as those used for establishing fair market rents, and that reflect, to the extent possible, consensus and use among those calculating family budgets and self-sufficiency standards. ``(5) Recency of data.--The self-sufficiency standards developed pursuant to this subsection shall-- ``(A) be recalculated on adoption if the data on which the standards are based is more than 3 years old; ``(B) be recalculated every 5 years after adoption; and ``(C) be updated for inflation each year after adoption in which the standards are not being recalculated pursuant to subparagraph (B).''. (b) Reports.--Section 411 of such Act (42 U.S.C. 611) is amended by adding at the end the following: ``(c) Self-Sufficiency Reports.-- ``(1) Collection of information on income of persons leaving tanf.--With respect to each family whose participation in the State program funded under this part ends during a calendar quarter in a fiscal year, the State shall collect information on the monthly income of the family as of the time the participation ends and during the same quarter in each of the next 2 fiscal years, based on data of the State unemployment insurance program and benefit programs whose assistance, subsidies, and services provided to the family by any agency of government has the effect of reducing the cost of living of the family. ``(2) Annual reports.--Each eligible State shall submit to the Secretary annually a report that contains the following information for the fiscal year most recently ending before the date the report is submitted: ``(A) Income information.--The information collected pursuant to paragraph (1) of this subsection during the fiscal year as compared with the State self- sufficiency standards developed pursuant to section 402(b) for the families involved. ``(B) Information on programs and services leading to self-sufficiency.--A description of the ways in which, during the fiscal year, the State program funded under this part and support services provided by the State to recipients of assistance from the program moved families toward self-sufficiency, which shall highlight programs and services that appeared to have a particularly positive effect on achieving self-sufficiency. ``(C) Uses of self-sufficiency standards.--A description of how the State used the self-sufficiency standards during the fiscal year, including whether the standards were used-- ``(i) in counseling recipients of assistance from the State program funded under this part about their income needs and career options; ``(ii) as a benchmark for program evaluation; ``(iii) to identify opportunities to improve program performance, including identifying sub-groups or geographic areas in need of enhanced services; ``(iv) to assess need of recipients of assistance for vocational training, pre- apprenticeship and apprenticeship activities, post-secondary education, and basic literacy, English-as-a-second-language, mental health, substance abuse, domestic violence, and homelessness services; and ``(v) to identify programs or strategies which are most promising in assisting those who participate in the State program to achieve self-sufficiency. ``(3) Summaries of state reports.--The Secretary shall annually submit to the Congress a report that summarizes the reports submitted pursuant to paragraph (2), and shall make the reports available electronically to the general public in a timely manner.''. (c) Funding.--Section 413 of such Act (42 U.S.C. 613) is amended by adding at the end the following: ``(k) Technical Assistance in Developing Self-Sufficiency Standards.-- ``(1) In general.--The Secretary may provide financial or technical assistance to an eligible State to enable the State to develop or improve the State self-sufficiency standards and produce State reports required by section 402(b). The Secretary shall carry out this paragraph by making a grant to or entering into a contract with an organization or institution with substantial experience in calculating and implementing on the State level family budgets and self-sufficiency standards. An organization or institution desiring to provide technical assistance described in this paragraph shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Limitations on authorization of appropriations.--For the cost of carrying out paragraph (1), there are authorized to be appropriated to the Secretary not more than $1,000,000 for each fiscal year.''. (d) Effective Date.--The amendments made by this section shall take effect 1 year after the date of the enactment of this Act. SEC. 4. SELF-SUFFICIENCY BONUS. (a) In General.--Section 403(a) of the Social Security Act (42 U.S.C. 603(a)) is amended by adding at the end the following: ``(6) Bonus to encourage states to move families to self- sufficiency.-- ``(A) In general.--The Secretary shall make a grant pursuant to this paragraph to an eligible State for each fiscal year specified in subparagraph (G) for which the State is a self-sufficiency improvement State. ``(B) Amount of grant.-- ``(i) In general.--The amount of the grant payable under this paragraph to a self- sufficiency improvement State for a fiscal year shall, subject to clause (ii), be an amount equal to 1 percent of the State family assistance grant. ``(ii) Pro rata increase.--If the dollar amount specified in subparagraph (G) for a fiscal year exceeds the total amount otherwise payable under this paragraph for a fiscal year, the Secretary shall increase the amount of the grant otherwise payable to each State by such equal percentage as is necessary to ensure that such dollar amount equals the total amount so payable. ``(C) Self-sufficiency improvement state.--A State is a self-sufficiency improvement State for a fiscal year for purposes of this paragraph if the self- sufficiency score of the State for the fiscal year is greater than the self-sufficiency score of the State for the preceding fiscal year. ``(D) State self-sufficiency score.--The self- sufficiency score of a State for a fiscal year for purposes of this paragraph shall be an amount equal to the average of the self-sufficiency scores of the qualified leaver families in the State for the fiscal year. ``(E) Family self-sufficiency score.-- ``(i) In general.--The self-sufficiency score of a family for a fiscal year for purposes of this paragraph shall be an amount equal to the income of the family for the fiscal year divided by the State self- sufficiency standard for the family for the fiscal year. ``(ii) Determination of income.--In determining the income of a family, the State shall take into account as income earnings, child support, and the value of benefits, assistance, subsidies, and services of any kind that are provided to the family by any agency of government and the receipt of which has the effect of reducing the cost of living of the family, net of any premium, copayment, or fee required to obtain the benefit, assistance, or service. ``(F) Definitions.--In this paragraph: ``(i) Qualified leaver families.--The term `qualified leaver families' means, with respect to a State, the leaver families in the State. ``(ii) Leaver families.--The term `leaver families' means, with respect to a State and a particular fiscal year, all families that whose participation in the State program funded under this part ended during the period that begins with October 1 of the fiscal year in which this paragraph is enacted, and ends with the end of the particular fiscal year. ``(G) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for each of fiscal years 2002 through 2006 $200,000,000 for grants under this paragraph.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2002.

Self-Sufficiency Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to require State TANF plans to include a specification of the income needs of families adequate for attaining self-sufficiency.Requires the State to: (1) collect information on the monthly income of the family as of the time participation in the State TANF program ends and during the same quarter in each of the next two fiscal years; and (2) submit to the Secretary of Health and Human Services annually a report that among other things describes the ways in which, during the fiscal year, the State program funded under this part and support services provided by the State to TANF recipients moved families toward self-sufficiency.Authorizes the Secretary to provide financial or technical assistance to enable an eligible State to develop or improve the State self-sufficiency standards and produce required State reports.Amends SSA title IV part A to direct the Secretary to make a grant for each specified fiscal year for which the self-sufficiency score of a State is greater than its self-sufficiency score for the preceding fiscal year.

To measure the self-sufficiency of families leaving State programs providing temporary assistance to needy families, and to provide an incentive for States to help move families toward self-sufficiency.

SECTION 1. ONE-TIME DISTRIBUTION FROM RETIREMENT PLANS TO FUND HEALTH SAVINGS ACCOUNTS. (a) In General.--Section 402 of the Internal Revenue Code of 1986 (relating to taxability of beneficiary of employees' trust) is amended by adding at the end the following new subsection: ``(l) HSA Funding Distribution.-- ``(1) In general.--In the case of an employee who is an eligible individual and who elects the application of this subsection for a taxable year, gross income of the employee for the taxable year does not include a qualified HSA funding distribution. ``(2) Qualified hsa funding distribution.--For purposes of this subsection, the term `qualified HSA funding distribution' means a distribution from an eligible retirement plan of the employee to the extent that such distribution is contributed to the health savings account of the employee not later than the 60th day after the day on which the employee receives such distribution or in a direct trustee-to-trustee transfer. ``(3) Limitation.-- ``(A) Maximum dollar limitations based on coverage in effect at time of contribution.--The amount excluded from gross income by paragraph (1) shall not exceed-- ``(i) in the case of an individual who has self-only coverage under a high deductible health plan as of the first day of the month in which the qualified HSA funding distribution is contributed to the health savings account of the employee, the lesser of-- ``(I) the amount specified under clause (i) of section 223(b)(2)(A), or ``(II) the amount in effect for the taxable year under clause (ii) of section 223(b)(2)(A) (determined without regard to paragraphs (3) and (4)(C) of section 223(b)), reduced by any amount contributed to such account for such taxable year before the date of the qualified HSA funding distribution contribution, and ``(ii) in the case of an individual who has family coverage under a high deductible health plan as of the first day of the month in which the qualified HSA funding distribution is contributed to the health savings account of the employee, the lesser of-- ``(I) the amount specified under clause (i) of section 223(b)(2)(B), or ``(II) the amount in effect for the taxable year under clause (ii) of section 223(b)(2)(B) (determined without regard to paragraphs (3) and (4)(C) of section 223(b)), reduced by any amount contributed to such account for such taxable year before the date of the qualified HSA funding distribution contribution. ``(B) One-time transfer.--The election under paragraph (1) shall apply to the taxable year for which made and all subsequent taxable years. Such an election, once made, shall be irrevocable. ``(4) Distributions must otherwise be includible.-- ``(A) In general.--An amount shall be treated as a distribution for purposes of paragraph (1) only to the extent that such amount would be includible in gross income without regard to paragraph (1). ``(B) Application of section 72.--Notwithstanding section 72, in determining the extent to which an amount is treated as a distribution for purposes of subparagraph (A), the aggregate amounts distributed from an eligible retirement plan in a taxable year shall be treated as includible in gross income (without regard to subparagraph (A)) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts distributed from all eligible retirement plans were treated as 1 contract for purposes of determining the inclusion of such distribution under section 72. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(5) Definitions.--For purposes of this subsection-- ``(A) Eligible retirement plan.--The term `eligible retirement plan' has the meaning given such term by subsection (c)(8)(B), except that such term shall also include an eligible deferred compensation plan maintained by an eligible employer described in section 457(e)(1)(B). ``(B) Eligible individual.--The term `eligible individual' has the meaning given such term by section 223(c)(1). ``(6) Special rules.--For purposes of this subsection-- ``(A) Related plans treated as 1.--All eligible retirement plans of an employer shall be treated as a single plan. ``(B) Surviving spouses, dependents, and alternate payees.--With respect to an eligible retirement plan of an employer, a surviving spouse, a dependent of the surviving spouse, or alternate payee (as defined in section 414(p)(8)) of a former employee shall be treated in the same manner as the former employee.''. (b) Coordination With Limitation on Contributions to Health Savings Accounts.--Section 223(b)(4) of such Code (relating to coordination with other contributions) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by inserting after subparagraph (B) the following new subparagraph: ``(C) the aggregate amount contributed to health savings accounts of such individual for such taxable year under section 402(l) (and such amount shall not be allowed as a deduction under subsection (a)).''. (c) 10-Percent Penalty on Early Distributions not to Apply.-- Section 72(t)(2)(A) of such Code (relating to subsection not to apply to certain distributions) is amended by striking ``or'' at the end of clause (vi), by striking the period at the end of clause (vii) and inserting ``, or'', and by inserting after clause (vii) the following new clause: ``(viii) a qualified HSA funding distribution (as defined by section 402(l)).''. (d) Conforming Amendments.-- (1) Section 401(k)(2)(B)(i) of such Code (relating to cash or deferred arrangements) is amended by striking ``or'' at the end of subclause (III), by striking ``and'' at the end of subclause (IV) and inserting ``or'', and by inserting after subclause (IV) the following new subclause: ``(V) the funding of a health savings account under section 402(l), and''. (2) Section 402(c)(4) of such Code (relating to rules applicable to rollovers from exempt trusts) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by inserting after subparagraph (C) the following new subparagraph: ``(D) any qualified HSA funding distribution (as defined by subsection (l)).''. (3) Section 403(a) of such Code (relating to taxability of beneficiary under a qualified annuity plan) is amended by inserting after paragraph (1) the following new paragraph: ``(2) Special rule for qualified hsa funding distribution.--To the extent provided in section 402(l), paragraph (1) shall not apply to the amount distributed under the contract which is otherwise includible in gross income under this subsection.''. (4) Section 403(b) of such Code (relating to taxability of beneficiary under annuity purchased by section 501(c)(3) organization or public school) is amended by inserting after paragraph (1) the following new paragraph: ``(2) Special rule for qualified hsa funding distribution.--To the extent provided in section 402(l), paragraph (1) shall not apply to the amount distributed under the contract which is otherwise includible in gross income under this subsection.''. (5) Section 457(a) of such Code (relating to year of inclusion in gross income) is amended by adding at the end the following new paragraph: ``(3) Special rule for qualified hsa funding distribution.--To the extent provided in section 402(l), paragraph (1) shall not apply to amounts otherwise includible in gross income under this subsection.''. (e) Effective Date.--The amendments made by this section shall apply to distributions in taxable years beginning after December 31, 2004.

Amends the Internal Revenue Code to exclude from the gross income of an employee covered under a high deductible health care plan a distribution from such employee's qualified retirement plan to fund a health savings account. Exempts such a distribution from the 10 percent penalty on early distributions from qualified retirement plans.

To amend the Internal Revenue Code of 1986 to permit one-time, tax-free distributions from retirement plans to fund health savings accounts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mobile Workforce State Income Tax Fairness and Simplification Act of 2007''. SEC. 2. LIMITATIONS ON STATE AND LOCALITY WITHHOLDING AND TAXATION OF EMPLOYEE INCOME. (a) In General.--No part of the wages or other remuneration paid to an employee who performs duties in more than one State or locality shall be subject to the income tax laws of any State or locality other than-- (1) the State or locality of the employee's residence; and (2) the State or locality in which the employee is physically present performing duties for more than 60 days during the calendar year in which the income is taxed. (b) Wages or Other Remuneration.--Wages or other remuneration paid in any calendar year are not subject to State or locality income tax withholding and reporting unless the employee is subject to income tax under subsection (a). Income tax withholding and reporting under subsection (a)(2) shall apply to wages or other remuneration paid as of the commencement date of duties in the State or locality during the calendar year. (c) Operating Rules.--For purposes of determining an employer's State income tax withholding and information return obligations-- (1) an employer may rely on an employee's determination of the time expected to be spent by such employee in the States or localities in which the employee will perform duties absent-- (A) actual knowledge of fraud by the employee in making the estimate; or (B) collusion between the employer and the employee to evade tax; (2) if records are maintained by an employer recording the location of an employee for other business purposes, such records shall not preclude an employer's ability to rely on an employee's determination as set forth in paragraph (1); and (3) notwithstanding paragraph (2), if an employer, at its sole discretion, maintains a time and attendance system which tracks where the employee performs duties on a daily basis, data from the time and attendance system shall be used instead of the employee's determination as set forth in paragraph (1). (d) Definitions and Special Rules.--For purposes of this Act: (1) Day.--An employee will be considered physically present and performing duties in a State or locality for a day if the employee performs more than 50 percent of the employee's employment duties in such State or locality for such day. (2) Employee.--The term ``employee'' shall be defined by the State or locality in which the duties are performed, except that the term ``employee'' shall not include a professional athlete, professional entertainer, or certain public figures. (3) Professional athlete.--The term ``professional athlete'' means a person who performs services in a professional athletic event, provided that the wages or other remuneration are paid to such person for performing services in his or her capacity as a professional athlete. (4) Professional entertainer.--The term ``professional entertainer'' means a person who performs services in the professional performing arts, provided that the wages or other remuneration are paid to such person for performing services in his or her capacity as a professional entertainer. (5) Certain public figures.--The term ``certain public figures'' means persons of national prominence who perform services for wages or other remuneration on a per-event basis, provided that the wages or other remuneration are paid to such person for services provided at a discrete event in the form of a speech, similar presentation or personal appearance. (6) Employer.--The term ``employer'' has the meaning given such term in section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C. 3401(d)) or shall be defined by the State or locality in which the duties are performed. (7) Locality.--The term ``locality'' means any political subdivision, agency, or instrumentality of a State. (8) State.--The term ``State'' means each of the several States (or any subdivision thereof), or any territory or possession of the United States. (9) Time and attendance system.--The term ``time and attendance system'' means a system where the employee on a contemporaneous basis records his work location for every day worked and the employer uses this data to allocate the employee's wages between all taxing jurisdictions in which the employee performs duties. (10) Wages or other remuneration.--The term ``wages or other remuneration'' shall be defined by the State or locality in which the employment duties are performed.

Mobile Workforce State Income Tax Fairness and Simplification Act of 2007- Limits state or local taxation of the compensation of any employee who performs duties in more than one state or locality to: (1) the state or locality of the employee's residence; and (2) the state or locality in which the employee is physically present performing duties for more than 60 days.

To limit the authority of States and localities to tax certain income of employees for employment duties performed in other States and localities.

SECTION 1. FINDINGS. Congress finds the following: (1) The Federal Government has owned Plum Island, New York, since 1899. (2) Since 1954, the Plum Island Animal Disease Center has conducted unrivaled scientific research on a variety of infectious animal-borne diseases, including foot-and-mouth disease, resulting, most recently, in the development of a new cell line that rapidly and reliably detects this highly debilitating disease of livestock. (3) Over 62 years, the Center has had a strong, proven record of safety. (4) $23,200,000 in Federal dollars have been spent on upgrades to, and the maintenance of, the Center since January 2012. (5) In addition to the Center, Plum Island contains cultural, historical, ecological, and natural resources of regional and national significance. (6) Plum Island is situated where the Long Island Sound and Peconic Bay meet, both of which are estuaries that are part of the National Estuary Program and are environmentally and economically significant to the region. (7) The Federal Government has invested hundreds of millions of Federal dollars over the last two decades to make long-term improvements with respect to the conservation and management needs of Long Island Sound and Peconic Bay. (8) The Department of Homeland Security has undertaken a study to consider alternatives for the final disposition of Plum Island, including an analysis of-- (A) conservation of the island's resources; (B) any remediation responsibilities; (C) the need for any legislative changes; (D) cost; and (E) any revenues from the alternatives. SEC. 2. REPORT REQUIRED ON STUDY BY DEPARTMENT OF HOMELAND SECURITY ON CLEAN UP AND ALTERNATIVE USES OF PLUM ISLAND. (a) Assessment by Comptroller General.-- (1) Assessment required.--The Comptroller General of the United States shall conduct an assessment of the study by the Department of Homeland Security on the options for the disposition of Plum Island referred to in section 1(8). Such assessment shall include a determination of whether the methodologies used by the Department in conducting such study adequately support the Department's findings with respect to the following: (A) The possible alternative uses for Plum Island, including the transfer of ownership to another Federal agency, a State or local government, a nonprofit organization, or a combination thereof for the purpose of education, research, or conservation. (B) The possible issues and implications, if any, of pursuing such alternative uses for Plum Island. (C) The potential cost to be incurred for expenses related to the transition, cleanup, and hazard mitigation of Plum Island by a recipient of such property. (2) Report required.--Not later than 180 days after the date on which the Department of Homeland Security completes the study referred to in section 1(8), the Comptroller General of the United States shall submit to Congress a report containing the following: (A) The results of the assessment described under paragraph (1). (B) A description of the Secretary of Homeland Security's coordination with the Administrator of General Services, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency in conducting the Department of Homeland Security study referred to in section 1(8). (b) Study by Comptroller General.-- (1) Study required.--If the Comptroller General of the United States determines that the methodologies referred to in subsection (a)(1) do not adequately support the Department of Homeland Security's findings related to an issue described in subparagraphs (A) through (C) of such subsection, the Comptroller General shall conduct a study on any such issue. (2) Report required.--If the Comptroller General of the United States conducts a study under paragraph (1), not later than 1 year after the date on which the Department of Homeland Security completes the study referred to in section 1(8), the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1). SEC. 3. SUSPENSION OF ACTION. No action may be taken to carry out section 538 of title V of division D of the Consolidated Appropriations Act, 2012 (Public Law 112-74; 125 Stat. 976) until at least 180 days after the reports required by subsection (a)(2) of section 2 and, if applicable, subsection (b)(2) of such section have been submitted to Congress. Passed the House of Representatives May 16, 2016. Attest: KAREN L. HAAS, Clerk.

(Sec. 2) This bill requires the Government Accountability Office (GAO) to assess the Department of Homeland Security's (DHS's) study of the options for the disposition of Plum Island, New York. (In 2005, DHS announced that the operations of the Plum Island Animal Disease Center will move from Plum Island, New York, to a new federal facility in Manhattan, Kansas.) The GAO must determine whether DHS's methodologies adequately support its findings with respect to: the possible alternative uses for Plum Island, including the transfer to another federal agency, a state or local government, a nonprofit organization, or a combination of the entities for the purpose of education, research, or conservation; the issues and implications of the alternative uses; and the cost for the transition, cleanup, and hazard mitigation by a recipient of the property. If the DHS methodologies do not adequately support its findings related to an issue, the GAO must report to Congress on the issue. (Sec. 3) The bill suspends until at least 180 days after the GAO submits its reports to Congress the requirement under current law for the General Services Administration to sell the property and assets which support Plum Island operations.

To authorize the Comptroller General of the United States to assess a study on the alternatives for the disposition of Plum Island Animal Disease Center, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair And Immediate Release of Generic Drugs Act'' or the ``FAIR Generics Act''. SEC. 2. 180-DAY EXCLUSIVITY PERIOD AMENDMENTS REGARDING FIRST APPLICANT STATUS. (a) Amendments to Federal Food, Drug, and Cosmetic Act.-- (1) In general.--Section 505(j)(5)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)) is amended-- (A) in clause (iv)(II)-- (i) by striking item (bb); and (ii) by redesignating items (cc) and (dd) as items (bb) and (cc), respectively; and (B) by adding at the end the following: ``(v) First applicant defined.--As used in this subsection, the term `first applicant' means an applicant-- ``(I)(aa) that, on the first day on which a substantially complete application containing a certification described in paragraph (2)(A)(vii)(IV) is submitted for approval of a drug, submits a substantially complete application that contains and lawfully maintains a certification described in paragraph (2)(A)(vii)(IV) for the drug; and ``(bb) that has not entered into a disqualifying agreement described under clause (vii)(II); or ``(II)(aa) for the drug that is not described in subclause (I) and that, with respect to the applicant and drug, each requirement described in clause (vi) is satisfied; and ``(bb) that has not entered into a disqualifying agreement described under clause (vii)(II). ``(vi) Requirement.--The requirements described in this clause are the following: ``(I) The applicant described in clause (v)(II) submitted and lawfully maintains a certification described in paragraph (2)(A)(vii)(IV) or a statement described in paragraph (2)(A)(viii) for each unexpired patent for which a first applicant described in clause (v)(I) had submitted a certification described in paragraph (2)(A)(vii)(IV) on the first day on which a substantially complete application containing such a certification was submitted. ``(II) With regard to each such unexpired patent for which the applicant described in clause (v)(II) submitted a certification described in paragraph (2)(A)(vii)(IV), no action for patent infringement was brought against such applicant within the 45-day period specified in paragraph (5)(B)(iii); or if an action was brought within such time period, such an action was withdrawn or dismissed by a court (including a district court) without a decision that the patent was valid and infringed; or if an action was brought within such time period and was not withdrawn or so dismissed, such applicant has obtained the decision of a court (including a district court) that the patent is invalid or not infringed (including any substantive determination that there is no cause of action for patent infringement or invalidity, and including a settlement order or consent decree signed and entered by the court stating that the patent is invalid or not infringed). ``(III) If an applicant described in clause (v)(I) has begun commercial marketing of such drug, the applicant described in clause (v)(II) does not begin commercial marketing of such drug until the date that is 30 days after the date on which the applicant described in clause (v)(I) began such commercial marketing.''. (2) Conforming amendment.--Section 505(j)(5)(D)(i)(IV) of such Act (21 U.S.C. 355(j)(5)(D)(i)(IV)) is amended by striking ``The first applicant'' and inserting ``The first applicant, as defined in subparagraph (B)(v)(I),''. (b) Applicability.--The amendments made by subsection (a) shall apply only with respect to an application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) to which the amendments made by section 1102(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) apply. SEC. 3. 180-DAY EXCLUSIVITY PERIOD AMENDMENTS REGARDING AGREEMENTS TO DEFER COMMERCIAL MARKETING. (a) Amendments to Federal Food, Drug, and Cosmetic Act.-- (1) Limitations on agreements to defer commercial marketing date.--Section 505(j)(5)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)), as amended by section 2, is further amended by adding at the end the following: ``(vii) Agreement by first applicant to defer commercial marketing; limitation on acceleration of deferred commercial marketing date.-- ``(I) Agreement to defer approval or commercial marketing date.--An agreement described in this subclause is an agreement between a first applicant and the holder of the application for the listed drug or an owner of one or more of the patents as to which any applicant submitted a certification qualifying such applicant for the 180-day exclusivity period whereby that applicant agrees, directly or indirectly, (aa) not to seek an approval of its application that is made effective on the earliest possible date under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, (bb) not to begin the commercial marketing of its drug on the earliest possible date after receiving an approval of its application that is made effective under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, or (cc) to both items (aa) and (bb). ``(II) Agreement that disqualifies applicant from first applicant status.--An agreement described in this subclause is an agreement between an applicant and the holder of the application for the listed drug or an owner of one or more of the patents as to which any applicant submitted a certification qualifying such applicant for the 180-day exclusivity period whereby that applicant agrees, directly or indirectly, not to seek an approval of its application or not to begin the commercial marketing of its drug until a date that is after the expiration of the 180-day exclusivity period awarded to another applicant with respect to such drug (without regard to whether such 180-day exclusivity period is awarded before or after the date of the agreement). ``(viii) Limitation on acceleration.--If an agreement described in clause (vii)(I) includes more than 1 possible date when an applicant may seek an approval of its application or begin the commercial marketing of its drug-- ``(I) the applicant may seek an approval of its application or begin such commercial marketing on the date that is the earlier of-- ``(aa) the latest date set forth in the agreement on which that applicant can receive an approval that is made effective under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, or begin the commercial marketing of such drug, without regard to any other provision of such agreement pursuant to which the commercial marketing could begin on an earlier date; or ``(bb) 180 days after another first applicant begins commercial marketing of such drug; and ``(II) the latest date set forth in the agreement on which that applicant can receive an approval that is made effective under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, or begin the commercial marketing of such drug, without regard to any other provision of such agreement pursuant to which commercial marketing could begin on an earlier date, shall be the date used to determine whether an applicant is disqualified from first applicant status pursuant to clause (vii)(II).''. (2) Notification of fda.--Section 505(j) of such Act (21 U.S.C. 355(j)) is amended by adding at the end the following: ``(11)(A) The holder of an abbreviated application under this subsection shall submit to the Secretary a notification that includes-- ``(i)(I) the text of any agreement entered into by such holder described under paragraph (5)(B)(vii)(I); or ``(II) if such an agreement has not been reduced to text, a written detailed description of such agreement that is sufficient to disclose all the terms and conditions of the agreement; and ``(ii) the text, or a written detailed description in the event of an agreement that has not been reduced to text, of any other agreements that are contingent upon, provide a contingent condition for, or are otherwise related to an agreement described in clause (i). ``(B) The notification described under subparagraph (A) shall be submitted not later than 10 business days after execution of the agreement described in subparagraph (A)(i). Such notification is in addition to any notification required under section 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. ``(C) Any information or documentary material filed with the Secretary pursuant to this paragraph shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding. Nothing in this paragraph is intended to prevent disclosure to either body of the Congress or to any duly authorized committee or subcommittee of the Congress.''. (3) Prohibited acts.--Section 301(e) of such Act (21 U.S.C. 331(e)) is amended by striking ``505 (i) or (k)'' and inserting ``505 (i), (j)(11), or (k)''. (b) Infringement of Patent.--Section 271(e) of title 35, United States Code, is amended by adding at the end the following: ``(7) The exclusive remedy under this section for an infringement of a patent for which the Secretary of Health and Human Services has published information pursuant to subsection (b)(1) or (c)(2) of section 505 of the Federal Food, Drug, and Cosmetic Act shall be an action brought under this subsection within the 45-day period described in subsection (j)(5)(B)(iii) or (c)(3)(C) of section 505 of the Federal Food, Drug, and Cosmetic Act.''. (c) Applicability.-- (1) Limitations on acceleration of deferred commercial marketing date.--The amendment made by subsection (a)(1) shall apply only with respect to-- (A) an application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) to which the amendments made by section 1102(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) apply; and (B) an agreement described under section 505(j)(5)(B)(vii)(I) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)(1)) executed after the date of enactment of this Act. (2) Notification of fda.--The amendments made by paragraphs (2) and (3) of subsection (a) shall apply only with respect to an agreement described under section 505(j)(5)(B)(vii)(I) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)(1)) executed after the date of enactment of this Act.

Fair And Immediate Release of Generic Drugs Act or the FAIR Generics Act This bill amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to disqualify from being a “first applicant” an applicant submitting an abbreviated new drug application (for a generic drug) to the Food and Drug Administration that has entered into a specified agreement. Currently, any generic drug applicant submitting an application on the first day an application is submitted for that drug is a “first applicant” and is granted a 180-day marketing exclusivity period. An agreement that disqualifies a generic drug applicant from being a first applicant is an agreement between the applicant and the holder of the application or a patent for the brand name drug whereby the applicant agrees not to seek approval or begin marketing the generic drug until the expiration of the exclusivity period awarded to another applicant. “First applicant” is expanded to include applicants that did not submit an application on the first day an application was submitted. These first applicants must not have a patent infringement action pending against them and must not have been found to have infringed a patent. If an applicant that submitted an application on the first day an application was submitted has begun marketing the drug, a first applicant that submitted after the first day cannot begin marketing until 30 days after the first day applicant began marketing. A first applicant that has entered into an agreement not to seek approval of an application or begin marketing at the earliest possible date cannot seek approval or begin marketing until the earlier of: (1) the latest date set forth in the agreement, or (2) 180 days after a first day applicant begins marketing. An action for infringement of a drug patent must be brought within the 45-day period described in FFDCA.

FAIR Generics Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Espionage and Protection of Proprietary Economic Information Act of 1995''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) sustaining a healthy and competitive national economy is imperative to maintaining the security of the Nation; (2) the development and production of proprietary economic information is an integral part of virtually every aspect of United States trade, commerce, and business; (3) the development, production, protection, and lawful exchange, sale, and transfer of proprietary economic information is essential to maintaining the health and competitiveness of critical segments of United States business and industry, and hence to the national economy and the national security; (4) much proprietary economic information moves in interstate and foreign commerce, and proprietary economic information that does not move in interstate or foreign commerce directly affects that which does; (5) the theft, misappropriation, and wrongful receipt, transfer, exchange, and use of stolen or misappropriated proprietary economic information by foreign governments and their agents or instrumentalities costs the United States Government and United States firms, businesses, industries, and consumers millions of dollars each year; (6) the theft, misappropriation, and wrongful receipt, transfer, and use of proprietary economic information belonging to the United States Government and United States firms, businesses, and industry by foreign governments and their agents or instrumentalities directly and substantially threatens the health and competitiveness of critical segments of the United States economy and, consequently, the Nation's security; and (7) enforcement of existing State laws protecting proprietary economic information is frustrated by the ease with which stolen or wrongfully appropriated proprietary economic information is transferred across State and national boundaries. (b) Purposes.-- (1) Primary purpose.--The primary purpose of this Act is to protect the national security by preventing economic espionage and furthering the development and lawful use of United States proprietary economic information by protecting it from theft, wrongful destruction or alteration, misappropriation, and conversion by foreign governments and their agents or instrumentalities. This Act is intended to protect the proprietary economic information of the United States Government and United States firms, businesses, industries, and individuals both domestically and abroad by punishing individuals, corporations, and institutions which engage in economic espionage with the intent or purpose of aiding foreign nations or governments and their instrumentalities. (2) Secondary purpose.--The secondary purpose of this Act is to affirm that proprietary economic information is included in the term ``goods, wares, or merchandise'' as that term is used in Federal laws relating to stolen property. SEC. 3. PREVENTION OF ECONOMIC ESPIONAGE AND PROTECTION OF PROPRIETARY ECONOMIC INFORMATION IN INTERSTATE AND FOREIGN COMMERCE. (a) Economic Espionage.--Part I of title 18, United States Code, is amended by adding after chapter 27 the following new chapter: ``CHAPTER 28--ECONOMIC ESPIONAGE AND PROTECTION OF PROPRIETARY ECONOMIC INFORMATION ``Sec. ``570. Definitions. ``571. Engaging in economic espionage to aid foreign governments, corporations, institutions, or instrumentalities. ``572. Vicarious liability. ``573. Forfeiture. ``574. Extraterritoriality. ``575. Construction with other laws. ``576. Preservation of confidentiality. ``577. Nonapplicability to lawfully authorized law enforcement or intelligence activities. ``Sec. 570. Definitions ``As used in this chapter: ``(1) The term `foreign corporation, institution, or instrumentality' means any corporation, agency, component, institution, association, instrumentality, or legal, commercial, or business entity that is substantially owned, controlled, sponsored, commanded, managed, patronized, dominated, or chartered by a foreign government or subdivision of a foreign government. ``(2) The term `foreign agent' means any officer, employee, proxy, servant, delegate, or representative of a foreign nation or government. ``(3) The term `person' means a natural person, corporation, agency, association, institution, or any other legal, commercial, or business entity. ``(4) The term `proprietary economic information' means all forms and types of financial, business, scientific, technical, economic, or engineering information including, but not limited to data, plans, tools, mechanisms, compounds, formulas, designs, prototypes, processes, procedures, programs, codes, or commercial strategies, whether tangible or intangible, and whether stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing provided that: ``(A) the owner thereof has taken reasonable measures to keep such information confidential; and ``(B) the information is not available generally to, or accessible by, the public. ``(5) The term `owner' means the United States person or persons in whom, or United States Government component, department, or agency in which, rightful legal, beneficial, or equitable title to, or license in, proprietary economic information is reposed. ``(6) The term `United States person' means-- ``(A) in the case of a natural person, a United States citizen or permanent resident alien; and ``(B) in the case of a non-natural person, an entity substantially owned or controlled by the United States Government or by United States citizens or permanent resident aliens, or incorporated in the United States. ``Sec. 571. Engaging in economic espionage to aid foreign nations governments, corporations, institutions, or instrumentalities ``(a) Any person who, with intent to, or reason to believe that it will injure or disadvantage any owner and benefit or advantage any foreign nation, government, corporation, institution, or instrumentality who-- ``(1) steals, wrongfully appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains proprietary economic information; ``(2) wrongfully copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys proprietary economic information; ``(3) being entrusted with, or having lawful possession or control of, or access to, proprietary economic information, wrongfully copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys the same; ``(4) receives, buys, or possesses proprietary economic information, knowing the same to have been stolen or wrongfully appropriated, obtained, or converted; ``(5) attempts to commit any offense described in paragraph (1), (2), (3), or (4); ``(6) wrongfully solicits another to commit any offense described in paragraph (1), (2), (3), or (4); or ``(7) conspires with one or more other persons to commit any offense described in paragraph (1), (2), (3), or (4), and one or more of such persons do any act to effect the object of the conspiracy, shall, except as provided in subsection (b), be fined not more than $1,000,000, imprisoned not more than 25 years, or both. ``(b) Any corporation that commits any offense described in subsection (a) shall be fined not more than $50,000,000. ``Sec. 572. Vicarious liability ``Any officer, director, manager, or other person occupying a position of authority and responsibility for the acquisition, use, or management of proprietary economic information for any corporation or other business or commercial entity who-- ``(1) knows or has reason to know that agents or employees of the corporation or entity have wrongfully acquired or manipulated proprietary economic information in violation of section 571(a); and ``(2) directly or indirectly authorizes, permits, or suffers the information wrongfully acquired or manipulated to be used to injure or disadvantage any owner and benefit or advantage any foreign nation, government, corporation, institution, or instrumentality, shall be fined not more than $5,000,000, imprisoned not more than 25 years, or both. ``Sec. 573. Forfeiture ``(a) Notwithstanding any provision of State law, any person convicted of a violation of this chapter shall forfeit to the United States-- ``(1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as a result of such violation; and ``(2) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of a violation of this chapter. ``(b) The court, in imposing sentence on a defendant for the conviction of a violation of this chapter, shall order that the defendant forfeit to the United States all property described in subsection (a). ``(c) Except as provided in subsection (d), the provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853 (b), (c), and (e)-(p)) shall apply to-- ``(1) property subject to forfeiture under this section; ``(2) any seizure or disposition of such property; and ``(3) any administrative or judicial proceeding in relation to such property, if consistent with this section. ``(d) Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) all amounts from the forfeiture of property under this section remaining after the payment of expenses and sale authorized by law. ``Sec. 574. Extraterritoriality ``(a) This chapter applies to conduct occurring within the territorial and special maritime jurisdiction of the United States, its territories, and possessions. ``(b) This chapter applies to conduct occurring outside the territorial and special maritime jurisdiction of the United States, its territories, and possessions if-- ``(1) the offender is a United States citizen; or ``(2) the victim of the offense is an `owner,' as defined in section 570, and the offense was intended to have, or had, an effect in the United States. ``Sec. 575. Construction with other laws ``This chapter shall not be construed to preempt or displace any other Federal or State remedies, whether civil or criminal, for the misappropriation of proprietary economic information. ``Sec. 576. Preservation of confidentiality ``In any prosecution under this chapter, the court shall preserve the confidentiality of alleged proprietary economic information by any reasonable and lawful means including, but not limited to-- ``(1) the granting of protective orders in connection with discovery proceedings; and ``(2) the holding of in camera hearings, sealing relevant portions of the record, and the ordering of any person involved in the proceedings not to disclose the alleged proprietary economic information without prior court approval. Any owner of the proprietary economic information which is the subject of the offense may request the prosecution to seek such protective action. ``Sec. 577. Nonapplicability to lawfully authorized law enforcement or intelligence activities ``Any act in which information is seized, taken, transported, transmitted, or transferred pursuant to or in furtherance of any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or an intelligence agency of the United States, shall not be considered a violation of section 571(a) or 572.''. (b) Table of Chapters.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item for chapter 27 the following: ``28. Economic Espionage.................................... 570''. SEC. 4. RELATED AMENDMENTS. (a) Stolen Property.--Section 2311 of title 18, United States Code, is amended by inserting between the items for ``Cattle'' and ``livestock'' the following: ```Goods, wares, or merchandise' means all forms and types of personal property and chattels-- ``(1) including all forms and types of financial, business, scientific, technical, economic, or engineering information including data, plans, tools, mechanisms, compounds, formulas, designs, prototypes, processes, procedures, programs, codes, or commercial strategies, whether tangible or intangible, and whether stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if-- ``(A) the owner thereof has taken reasonable measures to keep such property confidential, and ``(B) the property is not available generally to, or accessible by, the public; and ``(2) not including any property or chattel seized, taken, transported, transmitted, or transferred pursuant to or in furtherance of any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States.''. (b) Racketeer Influenced and Corrupt Organizations.--Section 1961(1)(B) of title 18, United States Code, is amended by inserting between ``sections 471, 472, and 473 (relating to counterfeiting),'' and ``section 659 (relating to theft from interstate shipment)'' the following: ``sections 571 and 572 (relating to economic espionage and protection of proprietary economic information in interstate and foreign commerce),''. (c) Wire and Electronic Communications Interception and Interception of Oral Communications.--Section 2516(1)(a) of title 18, United States Code, is amended by inserting the following between ``or under the following chapters of this title:'' and ``chapter 37 (relating to espionage)'' the following: ``chapter 28 (relating to economic espionage and protection of proprietary economic information in interstate and foreign commerce),''.

Economic Espionage and Protection of Proprietary Economic Information Act of 1995 - Amends the Federal criminal code to impose penalties upon individuals and corporations that engage in economic espionage to aid foreign nations' governments, corporations, institutions, or instrumentalities, including attempting, soliciting others, or conspiring to engage in such activity. Sets forth provisions regarding: (1) vicarious liability; (2) forfeiture; (3) extraterritoriality; and (4) non-preemption of other Federal or State remedies. Requires the court to preserve the confidentiality of alleged proprietary economic information by any reasonable and lawful means, including by: (1) granting protective orders in connection with discovery proceedings; and (2) holding in camera hearings, sealing relevant portions of the record, and ordering any person involved in the proceedings not to disclose such information without prior court approval. Makes this Act inapplicable to lawfully authorized law enforcement or intelligence activities. Defines "goods, wares, or merchandise" for purposes of Federal criminal code provisions regarding stolen property to mean all forms and types of personal property and chattels including all forms and types of financial, scientific, technical, economic, or engineering information if the owner has taken reasonable measures to keep such property confidential and the property is not available generally to, or accessible by, the public. Revises the Racketeer Influenced and Corrupt Organizations Act and Federal wiretap provisions to cover economic espionage and the protection of proprietary economic information in interstate and foreign commerce.

Economic Espionage and Protection of Proprietary Economic Information Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Security Clearance Act of 2014''. SEC. 2. ENHANCING GOVERNMENT PERSONNEL SECURITY PROGRAMS. (a) Definitions.--In this section-- (1) the term ``covered individual'' means an individual who has been determined eligible for access to classified information or eligible to hold a sensitive position; and (2) the term ``periodic reinvestigations'' means investigations conducted for the purpose of updating a previously completed background investigation-- (A) every 5 years in the case of-- (i) eligibility for access to top secret information or access to a highly sensitive program; or (ii) eligibility to hold a special sensitive or critical sensitive position; (B) every 10 years in the case of-- (i) eligibility for access to secret information; or (ii) eligibility to hold a noncritical sensitive position; or (C) every 15 years in the case of eligibility for access to confidential information. (b) Resolution of Backlog of Overdue Periodic Reinvestigations.-- (1) In general.--The Director of National Intelligence shall develop and implement a plan to eliminate the backlog of overdue periodic reinvestigations of covered individuals. (2) Requirements.--The plan developed under paragraph (1) shall-- (A) use a risk-based approach to-- (i) identify high-risk populations; and (ii) prioritize reinvestigations that are due or overdue to be conducted; and (B) use random automated record checks (consistent with the requirements of paragraph (3)) of covered individuals that shall include all covered individuals in the pool of individuals subject to a one-time check. (3) Automated record checks.--An automated record check with respect to a covered individual shall use and examine comprehensive sources of information, including-- (A) publicly available online electronic information regarding such individual, including blogs, microblogs, forums, news Web sites, and picture and video sharing Web sites; (B) publicly available social media data regarding such individual, including pictures, videos, posts, or comments; (C) information relating to criminal or civil legal proceedings applicable to such individual; (D) public news article, press reports, or media clippings which detail relevant security or counterintelligence information; and (E) financial information relating to the covered individual, including the credit worthiness of the covered individual. (c) Enhanced Security Clearance Programs.--Part III of title 5, United States Code, is amended by adding at the end the following: ``Subpart J--Enhanced Personnel Security Programs ``CHAPTER 110--ENHANCED PERSONNEL SECURITY PROGRAMS ``Sec. ``11001. Enhanced personnel security programs. ``Sec. 11001. Enhanced personnel security programs ``(a) Definitions.--In this section-- ``(1) the term `agency' has the meaning given that term in section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341); ``(2) the term `consumer reporting agency' has the meaning given that term in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a); ``(3) the term `covered individual' means an individual who has been determined eligible for access to classified information or eligible to hold a sensitive position; ``(4) the term `enhanced personnel security program' means a program implemented by an agency at the direction of the Director of National Intelligence under subsection (b); and ``(5) the term `periodic reinvestigations' means investigations conducted for the purpose of updating a previously completed background investigation-- ``(A) every 5 years in the case of-- ``(i) eligibility for access to top secret information or access to a highly sensitive program; or ``(ii) eligibility to hold a special sensitive or critical sensitive position; ``(B) every 10 years in the case of-- ``(i) eligibility for access to secret information; or ``(ii) eligibility to hold a noncritical sensitive position; or ``(C) every 15 years in the case of eligibility for access to confidential information. ``(b) Enhanced Personnel Security Program.--The Director of National Intelligence shall direct each agency to implement a program to provide enhanced security review of covered individuals-- ``(1) in accordance with this section; and ``(2) not later than the earlier of-- ``(A) the date that is 5 years after the date of enactment of the Enhanced Security Clearance Act of 2014; or ``(B) the date on which the backlog of overdue periodic reinvestigations of covered individuals is eliminated, as determined by the Director of National Intelligence. ``(c) Comprehensiveness.-- ``(1) Sources of information.--The enhanced personnel security program of an agency shall integrate relevant information from various sources, including government, publicly available, and commercial data sources, consumer reporting agencies, social media, and such other sources as determined by the Director of National Intelligence. ``(2) Types of information.--Information obtained and integrated from sources described in paragraph (1) may include-- ``(A) information relating to any criminal or civil legal proceeding; ``(B) financial information relating to the covered individual, including the credit worthiness of the covered individual; ``(C) public information, including news articles or reports, that includes relevant security or counterintelligence information about the covered individual; ``(D) publicly available electronic information, to include relevant security or counterintelligence information on any social media Web site or forum, blog, microblog, picture or video sharing Web site and other public online content that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, illegal drug use, criminal activity, material falsification, change in ideology, or any other information that may suggest the covered individual lacks good judgment, reliability or trustworthiness; and ``(E) data maintained on any terrorist or criminal watch list maintained by any agency, State or local government, or international organization. ``(d) Reviews of Covered Individuals.-- ``(1) Reviews.-- ``(A) In general.--The enhanced personnel security program of an agency shall require that, not less than 2 times every 5 years, the head of the agency shall conduct or request the conduct of automated record checks and checks of information from sources under subsection (c) to ensure the continued eligibility of each covered individual employed or contracted with by the agency, unless more frequent reviews of automated record checks and checks of information from sources under subsection (c) are conducted on the covered individual. ``(B) Scope of reviews.--Except for a covered individual who is subject to more frequent reviews to ensure the continued eligibility of the covered individual, the reviews under subparagraph (A) shall consist of random or aperiodic checks of covered individuals, such that each covered individual is subject to at least 2 reviews during the 5-year period beginning on the date on which the agency implements the enhanced personnel security program of an agency, and during each 5-year period thereafter. ``(C) Individual reviews.--A review of the information relating to the continued eligibility of a covered individual under subparagraph (A) may not be conducted until after the end of the 120-day period beginning on the date the covered individual receives the notification required under paragraph (3). ``(2) Results.--The head of an agency shall take appropriate action if a review under paragraph (1) finds relevant information that may affect the continued eligibility of a covered individual. ``(3) Information for covered individuals.--The head of an agency shall ensure that each covered individual employed by the agency or a contractor of the agency is adequately advised of the types of relevant security or counterintelligence information the covered individual is required to report to the head of the agency. ``(4) Limitation.--Nothing in this subsection shall be construed to affect the authority of an agency to determine the appropriate weight to be given to information relating to a covered individual in evaluating the continued eligibility of the covered individual. ``(5) Guidance for minor financial or mental health issues.--The Director of National Intelligence shall issue guidance defining minor financial or mental health issues, in accordance with this section and any direction from the President. ``(6) Authority of the president.--Nothing in this subsection shall be construed as limiting the authority of the President to direct or perpetuate periodic reinvestigations of a more comprehensive nature or to delegate the authority to direct or perpetuate such reinvestigations. ``(e) Audit.-- ``(1) In general.--Beginning 2 years after the date of implementation of the enhanced personnel security program of an agency under subsection (b), the Inspector General of the agency shall conduct at least 1 audit to assess the effectiveness and fairness, which shall be determined in accordance with performance measures and standards established by the Director of National Intelligence, to covered individuals of the enhanced personnel security program of the agency. ``(2) Submissions to the dni.--The results of each audit conducted under paragraph (1) shall be submitted to the Director of National Intelligence to assess the effectiveness and fairness of the enhanced personnel security programs across the Federal Government.''. (d) Technical and Conforming Amendment.--The table of chapters for part III of title 5, United States Code, is amended by adding at the end following: ``Subpart J--Enhanced Personnel Security Programs ``110. Enhanced personnel security programs................ 11001''.

Enhanced Security Clearance Act of 2014 - Requires the Director of National Intelligence (DNI) to implement a plan to eliminate backlogs of overdue periodic reinvestigations of individuals eligible for access to classified information or eligible to hold a sensitive position. Sets forth time intervals within which periodic reinvestigations updating previously completed background investigations are to occur. Requires the DNI to direct specified agencies (executive agencies, military departments, and elements of the intelligence community identified in the Intelligence Reform and Terrorism Prevention Act of 2004) to implement enhanced personnel security programs for security reviews of such individuals. Requires implementation of such programs by the earlier of: (1) five years after enactment of this Act, or (2) the date on which the backlog is eliminated. Requires agency programs to integrate information from government, publicly available, and commercial data sources, consumer reporting agencies, and social media. Permits information obtained from such sources to include: (1) security or counterintelligence information on any public online website that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, illegal drug use, criminal activity, material falsification, change in ideology, or a lack of good judgment, reliability, or trustworthiness; and (2) data maintained on any terrorist or criminal watch list maintained by any agency, state or local government, or international organization. Requires automated record checks at least twice every five years to ensure continued eligibility of individuals employed or contracted with by such agencies. Directs the DNI to issue guidance defining minor financial or mental health issues. Requires inspectors general of such agencies to assess the effectiveness and fairness of agency programs.

Enhanced Security Clearance Act of 2014

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Biofuels Security Act of 2006''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--RENEWABLE FUELS Sec. 101. Renewable fuel program. Sec. 102. Installation of E-85 fuel pumps by major oil companies at owned stations and branded stations. Sec. 103. Minimum Federal fleet requirement. Sec. 104. Application of Gasohol Competition Act of 1980. TITLE II--DUAL FUELED AUTOMOBILES Sec. 201. Requirement to manufacture dual fueled automobiles. Sec. 202. Manufacturing incentives for dual fueled automobiles. TITLE I--RENEWABLE FUELS SEC. 101. RENEWABLE FUEL PROGRAM. Section 211(o)(2) of the Clean Air Act (42 U.S.C. 7545(o)(2)) is amended by striking subparagraph (B) and inserting the following: ``(B) Applicable volume.-- ``(i) In general.--For the purpose of subparagraph (A), the applicable volume for calendar year 2010 and each calendar year thereafter shall be determined, by rule, by the Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, in a manner that ensures that-- ``(I) the requirements described in clause (ii) for specified calendar years are met; and ``(II) the applicable volume for each calendar year not specified in clause (ii) is determined on an annual basis. ``(ii) Requirements.--The requirements referred to in clause (i) are-- ``(I) for calendar year 2010, at least 10,000,000,000 gallons of renewable fuel; ``(II) for calendar year 2020, at least 30,000,000,000 gallons of renewable fuel; and ``(III) for calendar year 2030, at least 60,000,000,000 gallons of renewable fuel.''. SEC. 102. INSTALLATION OF E-85 FUEL PUMPS BY MAJOR OIL COMPANIES AT OWNED STATIONS AND BRANDED STATIONS. Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by adding at the end the following: ``(11) Installation of e-85 fuel pumps by major oil companies at owned stations and branded stations.-- ``(A) Definitions.--In this paragraph: ``(i) E-85 fuel.--The term `E-85 fuel' means a blend of gasoline approximately 85 percent of the content of which is derived from ethanol produced in the United States. ``(ii) Major oil company.--The term `major oil company' means any person that, individually or together with any other person with respect to which the person has an affiliate relationship or significant ownership interest, has not less than 4,500 retail station outlets according to the latest publication of the Petroleum News Annual Factbook. ``(iii) Secretary.--The term `Secretary' means the Secretary of Energy, acting in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Agriculture. ``(B) Regulations.--The Secretary shall promulgate regulations to ensure that each major oil company that sells or introduces gasoline into commerce in the United States through wholly-owned stations or branded stations installs or otherwise makes available 1 or more pumps that dispense E-85 fuel (including any other equipment necessary, such as including tanks, to ensure that the pumps function properly) at not less than the applicable percentage of the wholly-owned stations and the branded stations of the major oil company specified in subparagraph (C). ``(C) Applicable percentage.--For the purpose of subparagraph (B), the applicable percentage of the wholly-owned stations and the branded stations shall be determined in accordance with the following table: Applicable percentage of wholly-owned stations and branded stations ``Calendar year: (percent): 2007.......................................... 5 2008.......................................... 10 2009.......................................... 15 2010.......................................... 20 2011.......................................... 25 2012.......................................... 30 2013.......................................... 35 2014.......................................... 40 2015.......................................... 45 2016 and each calendar year thereafter........ 50. ``(D) Geographic distribution.-- ``(i) In general.--Subject to clause (ii), in promulgating regulations under subparagraph (B), the Secretary shall ensure that each major oil company described in subparagraph (B) installs or otherwise makes available 1 or more pumps that dispense E-85 fuel at not less than a minimum percentage (specified in the regulations) of the wholly-owned stations and the branded stations of the major oil company in each State. ``(ii) Requirement.--In specifying the minimum percentage under clause (i), the Secretary shall ensure that each major oil company installs or otherwise makes available 1 or more pumps described in that clause in each State in which the major oil company operates. ``(E) Financial responsibility.--In promulgating regulations under subparagraph (B), the Secretary shall ensure that each major oil company described in that subparagraph assumes full financial responsibility for the costs of installing or otherwise making available the pumps described in that subparagraph and any other equipment necessary (including tanks) to ensure that the pumps function properly. ``(F) Production credits for exceeding e-85 fuel pumps installation requirement.-- ``(i) Earning and period for applying credits.--If the percentage of the wholly-owned stations and the branded stations of a major oil company at which the major oil company installs E-85 fuel pumps in a particular calendar year exceeds the percentage required under subparagraph (C), the major oil company earns credits under this paragraph, which may be applied to any of the 3 consecutive calendar years immediately after the calendar year for which the credits are earned. ``(ii) Trading credits.--Subject to clause (iii), a major oil company that has earned credits under clause (i) may sell credits to another major oil company to enable the purchaser to meet the requirement under subparagraph (C). ``(iii) Exception.--A major oil company may not use credits purchased under clause (ii) to fulfill the geographic distribution requirement in subparagraph (D).''. SEC. 103. MINIMUM FEDERAL FLEET REQUIREMENT. Section 303(b)(1) of the Energy Policy Act of 1992 (42 U.S.C. 13212(b)(1)) is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) in subparagraph (D), by striking ``fiscal year 1999 and thereafter'' and inserting ``each of fiscal years 1999 through 2006; and''; and (3) by inserting after subparagraph (D) the following: ``(E) 100 percent in fiscal year 2007 and thereafter,''. SEC. 104. APPLICATION OF GASOHOL COMPETITION ACT OF 1980. Section 26 of the Clayton Act (15 U.S.C. 26a) is amended-- (1) by redesignating subsection (c) as subsection (d); (2) by inserting after subsection (b) the following: ``(c) For purposes of subsection (a), restricting the right of a franchisee to install on the premises of that franchisee a renewable fuel pump, such as one that dispenses E-85, shall be considered an unlawful restriction.''; and (3) in subsection (d) (as redesignated by paragraph (1))-- (A) by striking ``section,'' and inserting the following: ``section-- ``(1) the term''; (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(2) the term `gasohol' includes any blend of ethanol and gasoline such as E-85.''. TITLE II--DUAL FUELED AUTOMOBILES SEC. 201. REQUIREMENT TO MANUFACTURE DUAL FUELED AUTOMOBILES. (a) Requirement.-- (1) In general.--Chapter 329 of title 49, United States Code, is amended by inserting after section 32902 the following: ``Sec. 32902A. Requirement to manufacture dual fueled automobiles ``(a) Requirement.--Each manufacturer of new automobiles that are capable of operating on gasoline or diesel fuel shall ensure that the percentage of such automobiles, manufactured in any model year after model year 2006 and distributed in commerce for sale in the United States, which are dual fueled automobiles is equal to not less than the applicable percentage set forth in the following table: The percentage of dual fueled automobiles For each of the following model manufactured shall years: be not less than: 2007.......................................... 10 2008.......................................... 20 2009.......................................... 30 2010.......................................... 40 2011.......................................... 50 2012.......................................... 60 2013.......................................... 70 2014.......................................... 80 2015.......................................... 90 2016 and beyond............................... 100. ``(b) Production Credits for Exceeding Flexible Fuel Automobile Production Requirement.-- ``(1) Earning and period for applying credits.--If the number of dual fueled automobiles manufactured by a manufacturer in a particular model year exceeds the number required under subsection (a), the manufacturer earns credits under this section, which may be applied to any of the 3 consecutive model years immediately after the model year for which the credits are earned. ``(2) Trading credits.--A manufacturer that has earned credits under paragraph (1) may sell credits to another manufacturer to enable the purchaser to meet the requirement under subsection (a).''. (2) Technical amendment.--The table of sections for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32902 the following: ``32902A. Requirement to manufacture dual fueled automobiles.''. (b) Activities to Promote the Use of Certain Alternative Fuels.-- The Secretary of Transportation shall carry out activities to promote the use of fuel mixtures containing gasoline or diesel fuel and 1 or more alternative fuels, including a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels, to power automobiles in the United States. SEC. 202. MANUFACTURING INCENTIVES FOR DUAL FUELED AUTOMOBILES. Section 32905(b) of title 49, United States Code, is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' before ``Except''; (3) by striking ``model years 1993-2010'' and inserting ``model year 1993 through the first model year beginning not less than 18 months after the date of enactment of the Biofuels Security Act of 2006''; and (4) by adding at the end the following: ``(2) Except as provided in paragraph (5) of this subsection, subsection (d) of this section, or section 32904(a)(2) of this title, the Administrator shall measure the fuel economy for each model of dual fueled automobiles manufactured by a manufacturer in the first model year beginning not less than 30 months after the date of enactment of the Biofuels Security Act of 2006 by dividing 1.0 by the sum of-- ``(A) 0.7 divided by the fuel economy measured under section 32904(c) of this title when operating the model on gasoline or diesel fuel; and ``(B) 0.3 divided by the fuel economy measured under subsection (a) when operating the model on alternative fuel. ``(3) Except as provided in paragraph (5) of this subsection, subsection (d) of this section, or section 32904(a)(2) of this title, the Administrator shall measure the fuel economy for each model of dual fueled automobiles manufactured by a manufacturer in the first model year beginning not less than 42 months after the date of enactment of the Biofuels Security Act of 2006 by dividing 1.0 by the sum of-- ``(A) 0.9 divided by the fuel economy measured under section 32904(c) of this title when operating the model on gasoline or diesel fuel; and ``(B) 0.1 divided by the fuel economy measured under subsection (a) when operating the model on alternative fuel. ``(4) Except as provided in subsection (d) of this section, or section 32904(a)(2) of this title, the Administrator shall measure the fuel economy for each model of dual fueled automobiles manufactured by a manufacturer in each model year beginning not less than 54 months after the date of enactment of the Biofuels Security Act of 2006 in accordance with section 32904(c) of this title. ``(5) Notwithstanding paragraphs (2) through (4) of this subsection, the fuel economy for all dual fueled automobiles manufactured to comply with the requirements under section 32902A(a) of this title, including automobiles for which dual fueled automobile credits have been used or traded under section 32902A(b) of this title, shall be measured in accordance with section 32904(c) of this title.''.

Biofuels Security Act of 2006 - Amends the Clean Air Act to replace provisions prescribing the volume of renewable fuel that gasoline sold in the United States must contain with provisions that require the Administrator of the Environmental Protection Agency (EPA) to determine the applicable volume for 2010 and beyond. Requires such volume to be at least 10 billion gallons in 2010, 30 billion gallons in 2020, and 60 billion gallons in 2030. Requires the Secretary of Energy to promulgate regulations to ensure that each major oil company that sells gasoline in the United States through wholly-owned or branded stations provides pumps that dispense E-85 fuel (a blend approximately 85% of the content of which is derived from ethanol produced in the United States) at not less than: (1) a specified percentage of all of its stations (increasing from 5% in 2007 to 50% in 2016); and (2) a minimum percentage of its stations in each state. Allows a company to earn and sell production credits when it exceeds the percentage required. Prohibits companies from using credits purchased to fulfill geographic distribution requirements. Amends the Energy Policy Act of 1992 to increase to 100% the proportion of vehicles acquired by a federal fleet in and after 2007 that must be light duty alternative fueled vehicles. Amends the Clayton Act to: (1) prohibit restricting the right of a franchisee to install a renewable fuel pump; and (2) define "gasohol" as any blend of ethanol and gasoline. Requires makers of new automobiles capable of operating on gasoline or diesel fuel to ensure that a specified percentage of automobiles manufactured in any model year after 2006 for sale in the United States (increasing from 10% in 2007 to 100% in 2016) are dual fueled automobiles. Allows the manufacturer to earn and sell production credits if it exceeds the number required. Requires the Secretary of Transportation to promote the use of fuel mixtures containing gasoline or diesel fuel and one or more alternative fuels. Prescribes formulas to be used by the Administrator to measure the fuel economy of dual fueled automobiles manufactured in model years beginning 18, 30, 42, and 54 months after enactment of this Act.

A bill to promote renewable fuel and energy security of the United States, and for other purposes.

SECTION 1. DENIAL OF EPA BENEFITS FOR CERTAIN PERSONS. (a) Ineligibility.--Any person who applies for an Environmental Protection Agency benefit is ineligible from receiving the benefit if the person has been-- (1) convicted of violating any Federal environmental law; or (2) found by the Administrator to hold, or previously to have held, a beneficial business interest in any business concern which is required to be listed on the person's disclosure statement under section 2 and which has been convicted of violating a Federal environmental law. (b) Determination of Ineligibility.--The Administrator shall determine whether a person applying for an Environmental Protection Agency benefit is ineligible for the benefit by reason of subsection (a). Such determination shall be made not later than 6 months after the person submits a disclosure statement under section 2. (c) Rehabilitation.--The Administrator may not determine that a person is ineligible for a benefit by reason of subsection (a)(1) if the person demonstrates by clear and convincing evidence that the person has been rehabilitated. Factors that the Administrator may consider in reviewing the evidence include the following: (1) The nature and responsibilities of the position held by the person. (2) The nature and seriousness of the offense. (3) The circumstances under which the offense occurred. (4) The date of the offense. (5) The age of the person when the offense was committed. (6) Whether the offense was an isolated or repeated incident. (d) Period of Ineligibility.--The ineligibility for benefits under this section shall apply for a period, as determined by the Administrator of the Environmental Protection Agency, of not less than 10 years after the date of the conviction or finding by the Administrator under subsection (a). SEC. 2. DISCLOSURE STATEMENT. (a) Requirement for Submission of Disclosure Statement.--For purposes of enforcing section 1, the Administrator of the Environmental Protection Agency shall require any person who-- (1) applies for any permit under a Federal environmental law; (2) applies for any type of grant or loan from the Environmental Protection Agency; (3) in the case of a procurement for goods or services being conducted by the Environmental Protection Agency, submits a sealed bid or competitive proposal to the agency in response to a solicitation for bids or request for proposals for the goods or services; or (4) applies for any other Environmental Protection Agency benefit; to submit a disclosure statement as described in subsection (b). Such disclosure statement shall be submitted to the Environmental Protection Agency at the same time as the application, bid, or proposal is submitted. (b) Contents of Disclosure Statement.--The following information shall be included in the disclosure statement submitted under subsection (a): (1) In the case of an individual, the full name and business address of the individual. In the case of a business concern, the full name and business address of any officers, directors, partners, or key employees of the business concern and all individuals or business concerns holding any equity in or debt liability of the business concern, or, if the business concern is a publicly traded corporation, all individuals or business concerns holding more than 5 percent of the equity in or debt liability of the business concern. (2) The full name and business address of all officers, directors, or partners of any business concern disclosed in the statement and the names and addresses of all individuals or business concerns holding any equity in or debt liability of any business concern so disclosed, or, if the business concern is a publicly traded corporation, all individuals or business concerns holding more than 5 percent of the equity in or debt liability of that business concern. (3) The full name and business address of any business concern which collects, transports, treats, stores, or disposes of solid waste or hazardous waste in which the individual or business concern submitting the disclosure statement holds an equity interest. (4) A description of the experience and credentials in, including any past or present licenses for, the collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste possessed by the individual or business concern, or by any key employee, officer, director, or partner of the business concern. (5) A listing and explanation of any notices of violation or prosecution, administrative orders, or license or permit revocations issued by any State or Federal authority, in the 10 years immediately preceding the submission of the disclosure statement, which are pending or have resulted in a finding or a settlement of a violation of any law, rule, or regulation relating to the collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste by the individual or business concern, or by any key employee, officer, director, or partner of the business concern. (6) A listing and explanation of any judgment of liability or conviction which was rendered, pursuant to any State or Federal statute or local ordinance, against the individual or business concern, or against any key employee, officer, director, or partner of the business concern. (7) A listing of any State or local agencies which had regulatory responsibility over the individual or business concern in connection with the individual's or business concern's collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste. (8) Any other information the Administrator may require that relates to the competency, reliability, or good character of the individual or business concern. (c) Revisions.--Each person that submits a disclosure statement under this section shall, if any information required to be included in the disclosure statement changes, or if any additional information should be added after the submission of the statement, provide that information to the Administrator in writing not later than 30 days after the change or addition. SEC. 3. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS. (a) In General.--The Administrator shall enforce section 1 by examination of the disclosure statement required under section 2 and by such other means, including record and field investigations, as the Administrator considers necessary. (b) Access Entry.--For purposes of enforcing this Act-- (1) any officer, employee, or representative of the Environmental Protection Agency may enter at reasonable times any establishment or other place where a person who applies for an Environmental Protection Agency benefit carries out business; and (2) any person who applies for an Environmental Protection Agency benefit shall, upon request of any such officer, employee, or representative, furnish information relating to the benefit application and disclosure statement and permit any such officer, employee, or representative at all reasonable times to have access to, and to copy all records relating to, such application and statement. (c) Hearing.--Any person who is determined by the Administrator to be ineligible for an Environmental Protection Agency benefit under this Act shall, upon written request to the Administrator not later than 30 days after the determination is made, be afforded the opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code. (d) Confidentiality.--(1) Except as provided in paragraph (2), disclosure statements, records, and other information obtained from individuals or business concerns under this Act shall be available to the public. (2) Upon a showing satisfactory to the Administrator by an individual or business concern that the public disclosure of a disclosure statement, record, or other information obtained under this Act would divulge information entitled to protection under section 1905 of title 18, United States Code, such information shall be considered confidential in accordance with the purposes of that section. (e) Regulations.--Not later than six months after the date of the enactment of this Act, the Administrator shall prescribe regulations to administer and enforce this Act. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Beneficial business interest.--The term ``beneficial business interest'' means any form of monetary interest in a business concern, including an equity interest, debt liability, or other interest, by means of which the holder of the interest may influence, decide, or manage the activities of the business concern. (3) Business concern.--The term ``business concern'' means any corporation, firm, joint stock company, association, partnership, trust, or other form of commercial organization. (4) Environmental protection agency benefit.--The term ``Environmental Protection Agency benefit'' means any of the following: (A) A permit under a Federal environmental law. (B) Any type of grant or loan awarded by the Administrator pursuant to a Federal environmental law. (C) Any other benefit awarded by the Administrator pursuant to a Federal environmental law that is determined by the Administrator of the Environmental Protection Agency to be appropriate for inclusion under this Act. (5) Federal environmental law.--The term ``Federal environmental law'' includes the following: (A) The Clean Air Act (42 U.S.C. 7401 et seq.). (B) The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (C) The Safe Drinking Water Act (42 U.S.C. 300f et seq.). (D) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (E) The Toxic Substances Control Act (15 U.S.C. 2601 et seq.). (6) Key employee.--The term ``key employee'' means a person employed by an individual or business concern to carry out supervisory, managerial, or decisionmaking duties. (7) Person.--The term ``person'' means an individual or a business concern. (8) Solid and hazardous waste.--The terms ``solid waste'' and ``hazardous waste'' have the meaning given such terms by section 1004 of the Solid Waste Disposal Act. SEC. 5. EFFECTIVE DATE. This Act shall apply to any person who applies for an Environmental Protection Agency benefit after the expiration of the six-month period beginning on the date of the enactment of this Act.

Denies Environmental Protection Agency (EPA) benefits for ten years to any person: (1) convicted of violating a Federal environmental law; or (2) found to have held a beneficial business interest in a business concern required to be listed on a disclosure statement under this Act and convicted of violating a Federal environmental law. Prohibits the EPA Administrator from denying benefits to any person who demonstrates that he has been rehabilitated. Requires the following persons to file disclosure statements with the Administrator: (1) Federal environmental permit applicants; (2) applicants for EPA loans, grants, or other benefits; or (3) persons submitting contract bids or competitive proposals to EPA. Provides for enforcement of this Act through EPA examination of disclosure statements and access to business sites and records. Grants persons declared to be ineligible for EPA benefits the opportunity for a hearing. Provides for public access to disclosure statements and business records, with the exception of confidential information.

To disqualify any individual or business concern who violates a Federal environmental law, or who holds a beneficial business interest in a person who has violated such a law, from being eligible to receive certain benefits from the Environmental Protection Agency for a period of 10 years.

SECTION 1. FEASIBILITY STUDY. (a) Study.--Pursuant to Federal reclamation law (the Act of June 7, 1902, and all Acts amendatory thereof or supplementary thereto), the Secretary, acting through the Bureau of Reclamation, is authorized to conduct a feasibility study to determine the most feasible method of meeting the present and future water supply and related storage requirements within the area served by the Fryingpan-Arkansas Project, including the potential enlargement of Fryingpan-Arkansas facilities. The feasibility study shall-- (1) be conducted consistent with the document titled ``Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies'' (United States Water Resources Council, 1983, United States Government Printing Office), any subsequent modifications of that document, and all applicable Federal statutes; and (2) include, but not be limited to, an evaluation of existing and reasonably feasible and practicable potential water supplies, uses, and management options as they relate to meeting the document referred to in paragraph (1). (b) Submission of Study.--The Secretary shall submit the feasibility study authorized by this section to the President and the President Pro Tempore of the Senate and the Speaker of the House of Representatives. (c) Use of Funds.--No Federal funds shall be expended for the construction of enlargements or any other alternative identified in the feasibility study authorized by this section for which authority does not before the date of the enactment of this Act, without further authorization by Congress. (d) Authorization of Appropriations; Matching Requirement.--There is authorized to be appropriated to the Secretary $4,000,000 to conduct the feasibility study authorized by this section. All Federal funds made available to conduct that study shall be matched in equal amount by non-Federal funds. (e) Limitation on Construction.--No construction to enlarge the Fryingpan-Arkansas Project may be conducted until the studies referred to in section 3 are completed. SEC. 2. SECRETARY AUTHORIZED TO FOLLOW ORIGINAL CONGRESSIONAL INTENT OF PROJECT. Not withstanding other provisions of law, the Secretary shall not enter into any new contracts, contract extensions, or contract renewals-- (1) with entities for use of excess capacity space in Fryingpan-Arkansas facilities to store water or for use outside of the natural basins of the Arkansas or Colorado rivers; or (2) that use the Fryingpan-Arkansas facilities or water rights for beneficial use outside the natural Basins of the Arkansas River or the Colorado River. SEC. 3. STATE OF COLORADO STUDIES. (a) In General.--The Secretary of the Interior may provide financial assistance to the State of Colorado, under the direction of the Governor of that State, to conduct a study, or choose an appropriate organization such as Colorado State University-Pueblo to conduct a study, to identify the cumulative impacts of past, current, or proposed transfers of water from the Arkansas and Colorado River basins to communities not located in the natural basins of the Arkansas River or the Colorado River, and from agriculturally based communities within the Arkansas River basin to expanding municipalities within the Arkansas River basin. (b) Study Criteria.--The study authorized under this section shall evaluate the following: (1) Environmental impacts such as impacts on water quality and wildlife habitat, and water supply both for human and environmental and recreational uses. (2) Social, cultural, recreational and economic impacts, including any disproportionate impacts of minority and/or low- income populations that result from actual or proposed water exchanges, water trades, and out-of-basin transfers from the Arkansas River basin and the Colorado River basin. (3) The financial effects of water transfers out of the Arkansas River basin and the Colorado River basin for the sending and receiving communities. (4) The impacts, including cumulative effects, of proposed water supply and storage methods on the area served by the Fryingpan-Arkansas Project and the natural basins of the Arkansas River and the Colorado River within Colorado that may be impacted by the implementation of such water supply and storage methods, taking into account the hydrologic conditions during the period from 1982 to the date the study is conducted. (5) The impacts of return and exchange flows in the Fountain Creek due to proposed and past transfers and exchanges of water from the Arkansas River to municipalities and entities, including the municipality of Colorado Springs, including but not limited to-- (A) the effects on water quality and flood potential; and (B) mitigation alternatives for identified impacts, including flood control storage facilities on the Fountain Creek. (6) Any effect to stream flows in the Roaring Fork River due to any expansions of the Fryingpan-Arkansas facilities. (7) Feasible options to resolve or mitigate the impacts and effects evaluated in the study. (c) Submission of Report.--As a condition of assistance under the section, the Governor of Colorado shall submit a report of the results of the study funded under this section to the President and the President Pro Tempore of the United States Senate and the Speaker of the United States House of Representatives upon completion of the study. (d) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 to carry out this section. SEC. 4. COLORADO RIVER BASIN PROTECTION. (a) Use of Water Storage Capacity.--Any excess water storage capacity of the Fryingpan-Arkansas Project to divert, store, impound, pump, exchange, or convey nonproject water made available under contracts shall not be used so as to increase diversion of nonproject water from the natural basin of the Colorado River within Colorado into another river basin for delivery or storage unless-- (1) the diversion is the subject of a decree entered before the date of the enactment of this Act for which no new infrastructure or legal approvals are necessary to divert the water out of the natural basin of the Colorado River; (2) the diversion is the subject of an agreement in existence on the date of the enactment of this Act, contemplating additional diversions diverted through or stored in the facilities studied by this Act, between the beneficiary of such transbasin diversion and the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion; (3) the diversion is the subject of an intergovernmental agreement or other contractual arrangement executed after the date of the enactment of this Act, between the beneficiary of such transbasin diversion and the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion; or (4) the beneficiary of such transbasin diversion provides compensatory storage or alternate water supply in an amount equal to the quantity diverted out of the basin for the benefit of the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion. (b) Submission of Agreements Required.--Prior to executing any agreement or arrangement for provision of compensatory storage or alternative water supply that allows for increased diversions of nonproject water as described in subsection (a), the parties to such agreements or arrangements shall submit the agreement or arrangement to the Secretary of the Interior, who, within 30 days, shall submit such agreement or arrangement to the President Pro Tempore of the Senate and the Speaker of the House of Representatives for a period of not less than 60 days. (c) No Precedent.--This section shall not be considered as precedent for any other congressionally authorized project. SEC. 5. CONTRACTS WITH IN-BASIN ENTITIES. The Secretary of the Interior is authorized to enter into contracts with an entity, private or public, for the use of excess capacity in the Fryingpan-Arkansas Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose within the natural basin of the Arkansas River within Colorado.

Authorizes the Secretary of the Interior, acting through the Bureau of Reclamation, to conduct a study to determine the most feasible method of meeting water supply and storage requirements within the area served by the Fryingpan-Arkansas Project, Colorado. Prohibits the Secretary from entering into any new contracts or contract extensions or renewals: (1) with entities for the use of excess capacity space in Fryingpan-Arkansas facilities to store water or for use outside the natural basins of the Arkansas or Colorado rivers; or (2) for beneficial use of the facilities or water rights outside such basins. Authorizes the Secretary to provide financial assistance to Colorado to conduct a study to identify the cumulative impacts of water transfers from the Arkansas and Colorado River basins to communities not located in such basins and from agriculturally based communities within the Arkansas River basin to expanding municipalities within that basin. Sets forth conditions under which any excess project water storage capacity of the Fryingpan-Arkansas Project to divert, store, impound, pump, exchange, or convey nonproject water made available under contracts may be used to increase diversion of nonproject water from the natural basin of the Colorado River within Colorado into another river basin for delivery or storage. Authorizes the Secretary to enter into contracts for the use of excess project capacity for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal industrial, or other beneficial purposes within the natural basin of the Arkansas River within Colorado.

To authorize the Secretary of the Interior to engage in a feasibility study relating to long term water needs for the area served by the Fryingpan-Arkansas Project, Colorado, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bone Marrow Failure Disease Research and Treatment Act of 2008''. SEC. 2. FINDINGS. The Congress finds the following: (1) Between 20,000 and 30,000 Americans are diagnosed each year with myelodysplastic syndromes, aplastic anemia, paroxysmal nocturnal hemoglobinuria, and other acquired bone marrow failure diseases. (2) Acquired bone marrow failure diseases have a debilitating and often fatal impact on those diagnosed with these disease. (3) While some treatments for acquired bone marrow failure diseases can prolong and improve the quality of patients' lives, there is no single cure for these diseases. (4) The prevalence of acquired bone marrow failure diseases in the United States will continue to grow as the general public ages. (5) Evidence exists suggesting that acquired bone marrow failure diseases occur more often in minority populations, particularly in Asian American and Hispanic/Latino populations. (6) The National Heart, Lung, and Blood Institute and the National Cancer Institute have conducted important research into the causes of and treatments for acquired bone marrow failure diseases. (7) The National Marrow Donor Program Registry has made significant contributions to the fight against bone marrow failure diseases by connecting millions of potential marrow donors with individuals and families suffering from these conditions. (8) Despite these advances, a more comprehensive Federal strategic effort among numerous Federal agencies is needed to discover a cure for acquired bone marrow failure disorders. (9) Greater Federal surveillance of acquired bone marrow failure diseases is needed to gain a better understanding of the causes of acquired bone marrow failure diseases. (10) The Federal Government should increase its research support for and engage with public and private organizations in developing a comprehensive approach to combat and cure acquired bone marrow failure diseases. SEC. 3. NATIONAL ACQUIRED BONE MARROW FAILURE DISEASE REGISTRY. Part B of the Public Health Service Act (42 U.S.C. 311 et seq.) is amended by inserting after section 317S the following: ``SEC. 317T. NATIONAL ACQUIRED BONE MARROW FAILURE DISEASE REGISTRY. ``(a) Establishment of Registry.-- ``(1) In general.--Not later than 6 months after the date of the enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(A) develop a system to collect data on acquired bone marrow failure diseases; and ``(B) establish and maintain a national and publicly available registry, to be known as the National Acquired Bone Marrow Failure Disease Registry, in accordance with paragraph (3). ``(2) Recommendations of advisory committee.--In carrying out this subsection, the Secretary shall take into consideration the recommendations of the Advisory Committee on Acquired Bone Marrow Failure Diseases established under subsection (b). ``(3) Purposes of registry.--The National Acquired Bone Marrow Failure Disease Registry-- ``(A) shall identify the incidence and prevalence of acquired bone marrow failure diseases in the United States; ``(B) shall be used to collect and store data on acquired bone marrow failure diseases, including data concerning-- ``(i) the age, race or ethnicity, general geographic location, sex, and family history of individuals who are diagnosed with acquired bone marrow failure diseases, and any other characteristics of such individuals determined appropriate by the Secretary; ``(ii) the genetic and environmental factors that may be associated with developing acquired bone marrow failure diseases; ``(iii) treatment approaches for dealing with acquired bone marrow failure diseases; ``(iv) outcomes for individuals treated for acquired bone marrow failure diseases, including outcomes for recipients of stem cell therapeutic products as contained in the database established pursuant to section 379A; and ``(v) any other factors pertaining to acquired bone marrow failure diseases determined appropriate by the Secretary; and ``(C) shall be made available-- ``(i) to the general public; and ``(ii) to researchers to facilitate further research into the causes of, and treatments for, acquired bone marrow failure diseases in accordance with standard practices of the Centers for Disease Control and Preventions. ``(b) Advisory Committee.-- ``(1) Establishment.--Not later than 6 months after the date of the enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an advisory committee, to be known as the Advisory Committee on Acquired Bone Marrow Failure Diseases. ``(2) Members.--The members of the Advisory Committee on Acquired Bone Marrow Failure Diseases shall be appointed by the Secretary, acting through the Director of the Centers for Disease Control and Prevention, and shall include at least one representative from each of the following: ``(A) A national patient advocacy organization with experience advocating on behalf of patients suffering from acquired bone marrow failure diseases. ``(B) The National Institutes of Health, including at least one representative from each of-- ``(i) the National Cancer Institute; ``(ii) the National Heart, Lung, and Blood Institute; and ``(iii) the Office of Rare Diseases. ``(C) The Centers for Disease Control and Prevention. ``(D) Clinicians with experience in-- ``(i) diagnosing or treating acquired bone marrow failure diseases; and ``(ii) medical data registries. ``(E) Epidemiologists who have experience with data registries. ``(F) Publicly or privately funded researchers who have experience researching acquired bone marrow failure diseases. ``(G) The entity operating the C.W. Bill Young Cell Transplantation Program established pursuant to section 379 and the entity operating the C.W. Bill Young Cell Transplantation Program Outcomes Database. ``(3) Responsibilities.--The Advisory Committee on Acquired Bone Marrow Failure Diseases shall provide recommendations to the Secretary on the establishment and maintenance of the National Acquired Bone Marrow Failure Disease Registry, including recommendations on the collection, maintenance, and dissemination of data. ``(4) Public availability.--The Secretary shall make the recommendations of the Advisory Committee on Acquired Bone Marrow Failure Disease publicly available. ``(c) Grants.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the management of, as well as the collection, analysis, and reporting of data to be included in, the National Acquired Bone Marrow Failure Disease Registry. ``(d) Definition.--In this section, the term `acquired bone marrow failure disease' means-- ``(1) myelodysplastic syndromes (MDS); ``(2) aplastic anemia; ``(3) paroxysmal nocturnal hemoglobinuria (PNH); ``(4) pure red cell aplasia; ``(5) acute myeloid leukemia that has progressed from myelodysplastic syndromes; or ``(6) large granular lymphocytic leukemia. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2009 through 2013.''. SEC. 4. PILOT STUDIES THROUGH THE AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY. (a) Pilot Studies.--The Secretary of Health and Human Services, acting through the Administrator of the Agency for Toxic Substances and Disease Registry, shall conduct pilot studies to determine which environmental factors, including exposure to toxins, may cause acquired bone marrow failure diseases. (b) Collaboration With the Radiation Injury Treatment Network.--In carrying out the directives of this section, the Secretary may collaborate with the Radiation Injury Treatment Network of the C.W. Bill Young Cell Transplantation Program established pursuant to section 379 of the Public Health Service Act (42 U.S.C. 274j) to-- (1) augment data for the pilot studies authorized by this section; (2) access technical assistance that may be provided by the Radiation Injury Treatment Network; or (3) perform joint research projects. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2009 through 2013. SEC. 5. MINORITY-FOCUSED PROGRAMS ON ACQUIRED BONE MARROW FAILURE DISEASES. Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by inserting after section 1707 the following: ``minority-focused programs on acquired bone marrow failure diseases ``Sec. 1707A. (a) Information and Referral Services.-- ``(1) In general.--Not later than 6 months after the date of the enactment of this section, the Secretary, acting through the Deputy Assistant Secretary for Minority Health, shall establish and coordinate outreach and informational programs targeted to minority populations affected by acquired bone marrow failure diseases. ``(2) Program requirements.--Minority-focused outreach and informational programs authorized by this section-- ``(A) shall make information about treatment options and clinical trials for acquired bone marrow failure diseases publicly available, and ``(B) shall provide referral services for treatment options and clinical trials, at the national minority health resource center supported under section 1707(b)(8) (including by means of the center's website, through appropriate locations such as the center's knowledge center, and through appropriate programs such as the center's resource persons network) and through minority health consultants located at each Department of Health and Human Services regional office. ``(b) Hispanic and Asian American and Pacific Islander Outreach.-- ``(1) In general.--The Secretary, acting through the Deputy Assistant Secretary for Minority Health, shall undertake a coordinated outreach effort to connect Hispanic, Asian American, and Pacific Islander communities with comprehensive services focused on treatment of, and information about, acquired bone marrow failure diseases. ``(2) Collaboration.--In carrying out this subsection, the Secretary may collaborate with public health agencies, nonprofit organizations, community groups, and online entities to disseminate information about treatment options and clinical trials for acquired bone marrow failure diseases. ``(c) Grants and Cooperative Agreements.-- ``(1) In general.--Not later than 6 months after the date of the enactment of this section, the Secretary, acting through the Deputy Assistant Secretary for Minority Health, shall award grants to, or enter into cooperative agreements with, entities to perform research on acquired bone marrow failure diseases. ``(2) Requirement.--Grants and cooperative agreements authorized by this subsection shall be awarded or entered into on a competitive, peer-reviewed basis. ``(3) Scope of research.--Research funded under this section shall examine factors affecting the incidence of acquired bone marrow failure diseases in minority populations. ``(d) Definition.--In this section, the term `acquired bone marrow failure disease' has the meaning given to such term in section 317T(d). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2009 through 2013.''. SEC. 6. DIAGNOSIS AND QUALITY OF CARE FOR ACQUIRED BONE MARROW FAILURE DISEASES. (a) Grants.--The Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, shall award grants to entities to improve diagnostic practices and quality of care with respect to patients with acquired bone marrow failure diseases. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2009 through 2013. SEC. 7. DEFINITION. In this Act, the term ``acquired bone marrow failure disease'' means-- (1) myelodysplastic syndromes (MDS); (2) aplastic anemia; (3) paroxysmal nocturnal hemoglobinuria (PNH); (4) pure red cell aplasia; (5) acute myeloid leukemia that progressed from myelodysplastic syndromes; or (6) large granular lymphocytic leukemia.

Bone Marrow Failure Disease Research and Treatment Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) develop a system to collect data on acquired bone marrow failure diseases; (2) establish the National Acquired Bone Marrow Failure Disease Registry; and (3) establish the Advisory Committee on Acquired Bone Marrow Failure Diseases to provide recommendations to the Secretary on the Registry. Allows the Secretary, acting through the Director, to award grants to, and enter to contracts and cooperative agreements with, public or private nonprofit entities for the management of the Registry. Requires the Secretary, acting through the Administrator of the Agency for Toxic Substances and Disease Registry, to conduct pilot studies to determine which environmental factors may cause acquired bone marrow failure diseases. Requires the Secretary, acting through the Deputy Assistant Secretary for Minority Health, to: (1) establish outreach and information programs targeted to minority populations affected by such diseases; (2) undertake a coordinated outreach effort to connect Hispanic, Asian American, and Pacific Islander communities with comprehensive services focused on treatment of, and information about, such diseases; and (3) awards grants to, or enter into cooperative agreements with, entities to perform research on such diseases. Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to award grants to entities to improve diagnostic practices and quality of care with respect to patients with such diseases.

To amend the Public Health Service Act to provide for the establishment of a National Acquired Bone Marrow Failure Disease Registry, to authorize research on acquired bone marrow failure diseases, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brigadier General Francis Marion Memorial Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) Brigadier General Francis Marion-- (A) was born in 1732 in St. John's Parish, Berkeley County, South Carolina; and (B) married Mary Esther Videau on April 20, 1786; (2) the Marions had no children, but raised as their own child a son of a relative, who was given Francis Marion's name; (3) Marion commanded the Williamsburg Militia Revolutionary Force in South Carolina and was instrumental in delaying the advance of British forces by leading his troops in disrupting supply lines; (4) Marion's tactics, which were unheard of in rules of warfare at the time, included lightning raids on British convoys, after which Marion and his forces would retreat into the swamps to avoid capture; (5) the legend of ``Swamp Fox'' was born when British Lieutenant Colonel Tarleton stated, in reference to Marion, that ``as for this damned old swamp fox, the devil himself could not catch him''; (6) Marion's victory at the Battle of Eutaw Springs in September of 1781 was officially recognized by Congress; (7) Marion's troops, which were composed of whites, blacks, both free and slave, and Native Americans, are believed to be the first racially integrated force fighting for the United States; (8) as a statesman, Marion represented his parish in the South Carolina senate and the State of South Carolina at the Constitutional Convention; (9) although Congress has authorized the establishment of commemorative works on Federal land in the District of Columbia honoring such celebrated Americans as George Washington, Thomas Jefferson, and Abraham Lincoln, there is no comparable memorial to Brigadier General Francis Marion commemorating Marion's bravery and leadership during the Revolutionary War, without which the United States would not exist; (10) Brigadier General Marion's legacy must live on; (11) since 1878, United States Reservation 18 has been officially referred to as Marion Park; (12) located between 4th and 6th Streets, S.E., at the intersection of E Street and South Carolina Avenue, S.E., in Washington, DC, Marion Park lacks a formal commemoration to this South Carolina hero who was important to the initiation of the heritage of the United States; (13) the time has come to correct this oversight so that future generations of Americans will know and understand the preeminent historical and lasting significance to the Nation of Marion's contributions; and (14) Marion, a South Carolina hero, deserves to be given proper recognition. SEC. 3. DEFINITIONS. In this Act: (1) Commemorative work.--The term ``commemorative work'' has the meaning given the term in section 8902(a) of title 40, United States Code. (2) Committee.--The term ``Committee'' means the Committee of the Palmetto Conservation Foundation. (3) The district of columbia and its environs.--The term ``the District of Columbia and its environs'' has the meaning given the term in section 8902(a) of title 40, United States Code. (4) Project.--The term ``Project'' means the Marion Park Project. SEC. 4. COMMEMORATIVE WORK TO HONOR BRIGADIER GENERAL FRANCIS MARION AND HIS FAMILY. (a) Authority to Establish Commemorative Work.--The Project and Committee may jointly establish a commemorative work on Federal land in the District of Columbia and its environs to honor the service of Brigadier General Francis Marion to the United States. (b) Compliance With Standards for Commemorative Works.--The commemorative work authorized under subsection (a) shall be established in accordance with chapter 89 of title 40, United States Code. (c) Funds for Commemorative Work.-- (1) In general.--The Project and Committee shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work authorized under subsection (a). (2) Use of federal funds prohibited.--No Federal funds shall be used to pay any expense of the establishment of the commemorative work authorized under subsection (a). (3) Deposit of excess funds.--The Project and the Committee shall transmit to the Secretary of the Treasury for deposit in the account provided for in section 8906(b)(1) of title 40, United States Code-- (A) any funds that remain for the commemorative work authorized under subsection (a) after payment of all expenses incurred in the establishment of the commemorative work (including payment of the amount for maintenance and preservation required under section 8906(b) of that title); or (B) any funds that remain for the commemorative work authorized under subsection (a) on expiration of the authority for the commemorative work under section 8903(e) of that title.

Brigadier General Francis Marion Memorial Act of 2007 - Authorizes the Marion Park Project and Committee of the Palmetto Conservation Foundation to jointly establish a commemorative work on federal land in the District of Columbia and its environs to honor the service of Brigadier General Francis Marion to the United States. Prohibits the use of federal funds to pay any expense of its establishment.

A bill to authorize the Marion Park Project and Committee of the Palmetto Conservation Foundation to establish a commemorative work on Federal land in the District of Columbia and its environs to honor Brigadier General Francis Marion.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Social Workers Improving Student Success Act''. SEC. 2. SCHOOL SOCIAL WORKERS GRANTS. Subpart 2 of part D of title V of the Elementary and Secondary Education Act of 1965 is amended by adding after section 5421 (20 U.S.C. 7245) the following new section: ``SEC. 5422. GRANTS FOR SCHOOL SOCIAL WORKERS. ``(a) Grants Authorized.-- ``(1) In general.--The Secretary may award grants to high- need local educational agencies to enable such agencies to retain school social workers employed by such agencies or to hire additional school social workers. ``(2) Duration.--A grant awarded under this section shall be awarded for a period not to exceed 4 years. ``(3) Supplementation of funds.--Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, or local funds used for hiring and retaining school social workers. ``(b) Use of Funds.-- ``(1) A local educational agency receiving a grant under this section shall use the grant to retain school social workers employed by such agencies or to hire additional school social workers providing services described in subsection (d)(2). ``(2) A local educational agency receiving a grant under this section may use such grant for any of the following purposes: ``(A) To reimburse school social workers for travel expenses incurred during home visits and other school- related trips. ``(B) To reimburse school social workers for any additional expenses incurred in rendering the services described in subsection (d)(2). ``(c) Applications.-- ``(1) In general.--To be eligible to receive a grant under this section, a high-need local educational agency shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Contents.--Each application submitted for a grant under this section shall contain a description of the duties and responsibilities of school social workers providing services to students through such grant in accordance with subsection (d). ``(d) Duties and Responsibilities of School Social Worker.--Any school social worker providing services to students through a grant funded under this section shall-- ``(1) identify the highest-need students (as such term is defined by the Secretary) in each school such social worker serves and target services provided at the school to such students; and ``(2) provide to students in each school in which a school social worker serves, social work services, including-- ``(A) counseling and crisis intervention; ``(B) case management activities to coordinate the delivery of and access to the appropriate social work services to highest-need students; ``(C) addressing of social, emotional, and mental health needs to ensure better school participation and better outcomes; ``(D) providing assistance to teachers to design behavioral interventions; ``(E) working with students, families, schools, and communities to promote attendance and address the causes of poor attendance, such as homelessness, lack of transportation, illness, phobia, or parents who have negative impressions of school; ``(F) home visits to meet the family of students in need of social work services in the home environment; ``(G) connecting students and families to the social welfare, child welfare, and community resource systems; ``(H) other services the Secretary determines are necessary to carry out this section. ``(e) Grant Renewal.-- ``(1) In general.--Grants awarded under this section may be renewed for additional periods having the same duration as the original grant period. ``(2) Continuing eligibility.--To be eligible for renewal under this paragraph of a grant, a high-need local educational agency shall submit to the Secretary, for each renewal, a report on the progress of such recipient in retaining and hiring school social workers. Such report shall include a description of-- ``(A) a description of the staffing expansion of school social workers funded through the grant received under this section; and ``(B) a description of the work such social workers performed to target high-need populations (as determined by the Secretary). ``(f) Technical Assistance.-- ``(1) In general.--The Secretary shall provide technical assistance to high-need local educational agencies, including such agencies that do not have adequate staff, in applying for grants under this section. ``(2) Extension of application period.--The Secretary shall extend any application period for a grant under this section for any high-need local educational agency that-- ``(A) submits to the Secretary a written notification of the intent to apply for a grant under this section before requesting technical assistance under paragraph (1); and ``(B) after submitting the notification under subparagraph (A) requests such technical assistance. ``(g) Definitions.--In this section: ``(1) The term `high-need local educational agency' has the meaning given such term in section 2102(3)(A). ``(2) The term `school social worker' has the meaning given such term in section 5421(e). ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2012 through 2016.''.

School Social Workers Improving Student Success Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award renewable grants to high-need local educational agencies (LEAs) to retain or hire additional school social workers. Permits grantees to use the funds to reimburse school social workers for expenses they incur in rendering services. Requires grant-funded social workers to target their services to the highest-need students. Directs the Secretary to provide technical assistance to high-need LEAs in applying for such grants. Prohibits the grant funds from being used to supplant other federal, state, or local funds used for hiring and retaining school social workers.

To amend the Elementary and Secondary Education Act of 1965 to establish a grant program to fund additional school social workers and retain school social workers already employed in high-need local educational agencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Employee Accountability Act''. SEC. 2. SUSPENSION FOR 14 DAYS OR LESS FOR SENIOR EXECUTIVE SERVICE EMPLOYEES. Paragraph (1) of section 7501 of title 5, United States Code, is amended to read as follows: ``(1) `employee' means-- ``(A) an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; or ``(B) a career appointee in the Senior Executive Service who-- ``(i) has completed the probationary period prescribed under section 3393(d); or ``(ii) was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive Service; and''. SEC. 3. INVESTIGATIVE LEAVE AND TERMINATION AUTHORITY FOR SENIOR EXECUTIVE SERVICE EMPLOYEES. (a) In General.--Chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VI--INVESTIGATIVE LEAVE FOR SENIOR EXECUTIVE SERVICE EMPLOYEES ``Sec. 7551. Definitions ``For the purposes of this subchapter-- ``(1) `employee' has the meaning given such term in section 7541; and ``(2) `investigative leave' means a temporary absence without duty for disciplinary reasons, of a period not greater than 90 days. ``Sec. 7552. Actions covered ``This subchapter applies to investigative leave. ``Sec. 7553. Cause and procedure ``(a)(1) Under regulations prescribed by the Office of Personnel Management, an agency may place an employee on investigative leave, without loss of pay and without charge to annual or sick leave, only for misconduct, neglect of duty, malfeasance, or misappropriation of funds. ``(2) If an agency determines, as prescribed in regulation by the Office of Personnel Management, that such employee's conduct is flagrant and that such employee intentionally engaged in such conduct, the agency may place such employee on investigative leave under this subchapter without pay. ``(b)(1) At the end of each 45-day period during a period of investigative leave implemented under this section, the relevant agency shall review the investigation into the employee with respect to the misconduct, neglect of duty, malfeasance, or misappropriation of funds. ``(2) Not later than 5 business days after the end of each such 45- day period, the agency shall submit a report describing such review to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. ``(3) At the end of a period of investigative leave implemented under this section, the agency shall-- ``(A) remove an employee placed on investigative leave under this section; ``(B) suspend such employee without pay; or ``(C) reinstate or restore such employee to duty. ``(4) The agency may extend the period of investigative leave with respect to an action under this subchapter for an additional period not to exceed 90 days. ``(c) An employee against whom an action covered by this subchapter is proposed is entitled to, before being placed on investigative leave under this section-- ``(1) at least 30 days' advance written notice, stating specific reasons for the proposed action, unless-- ``(A) there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed; or ``(B) the agency determines, as prescribed in regulation by the Office of Personnel Management, that the employee's conduct with respect to which an action covered by this subchapter is proposed is flagrant and that such employee intentionally engaged in such conduct; ``(2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; ``(3) be represented by an attorney or other representative; and ``(4) a written decision and specific reasons therefor at the earliest practicable date. ``(d) An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (c)(2). ``(e) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701. ``(f) Copies of the notice of proposed action, the answer of the employee when written, and a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee's request. ``SUBCHAPTER VII--REMOVAL OF SENIOR EXECUTIVE SERVICE EMPLOYEES ``Sec. 7561. Definition ``For purposes of this subchapter, the term `employee' has the meaning given such term in section 7541. ``Sec. 7562. Removal of Senior Executive Service employees ``(a) Notwithstanding any other provision of law and consistent with the requirements of subsection (b), the head of an agency may remove an employee for serious neglect of duty, misappropriation of funds, or malfeasance if the head of the agency-- ``(1) determines that the employee knowingly acted in a manner that endangers the interest of the agency mission; ``(2) considers the removal to be necessary or advisable in the interests of the United States; and ``(3) determines that the procedures prescribed in other provisions of law that authorize the removal of such employee cannot be invoked in a manner that the head of an agency considers consistent with the efficiency of the Government. ``(b) An employee may not be removed under this section-- ``(1) on any basis that would be prohibited under-- ``(A) any provision of law referred to in section 2302(b)(1); or ``(B) paragraphs (8) or (9) of section 2302(b); or ``(2) on any basis, described in paragraph (1), as to which any administrative or judicial proceeding-- ``(A) has been commenced by or on behalf of such employee; and ``(B) is pending. ``(c) An employee removed under this section shall be notified of the reasons for such removal. Within 30 days after the notification, the employee is entitled to submit to the official designated by the head of the agency statements or affidavits to show why the employee should be restored to duty. If such statements and affidavits are submitted, the head of the agency shall provide a written response, and may restore the employee's employment if the head of the agency chooses. ``(d) Whenever the head of the agency removes an employee under the authority of this section, the head of the agency shall notify Congress of such termination, and the specific reasons for the action. ``(e) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title. ``(f) Copies of the notice of proposed action, the answer of the employee when written, and a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee's request. ``(g) A removal under this section does not affect the right of the employee affected to seek or accept employment with any other department or agency of the United States if that employee is declared eligible for such employment by the Director of the Office of Personnel Management. ``(h) The authority of the head of the agency under this section may not be delegated.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``subchapter vi--investigative leave for senior executive service employees ``7551. Definitions. ``7552. Actions covered. ``7553. Cause and procedure. ``subchapter vii--removal of senior executive service employees ``7561. Definition. ``7562. Removal of Senior Executive Service employees.''. SEC. 4. SUSPENSION OF SENIOR EXECUTIVE SERVICE EMPLOYEES. Section 7543 of title 5, United States Code, is amended-- (1) in subsection (a), by inserting ``misappropriation of funds,'' after ``malfeasance,''; and (2) in subsection (b), by amending paragraph (1) to read as follows: ``(1) at least 30 days' advance written notice, stating specific reasons for the proposed action, unless-- ``(A) there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed; or ``(B) the agency determines, as prescribed in regulation by the Office of Personnel Management, that the employee's conduct with respect to which an action covered by this subchapter is proposed is flagrant and that such employee intentionally engaged in such conduct;''. SEC. 5. MISAPPROPRIATION OF FUNDS AMENDMENTS. (a) Reinstatement in the Senior Executive Service.--Section 3593 of title 5, United States Code, is amended-- (1) in subsection (a)(2), by inserting ``misappropriation of funds,'' after ``malfeasance,''; and (2) in subsection (b), by striking ``or malfeasance'' and inserting ``malfeasance, or misappropriation of funds''. (b) Placement in Other Personnel Systems.--Section 3594(a) of title 5, United States Code, is amended by striking ``or malfeasance'' and inserting ``malfeasance, or misappropriation of funds''.

Government Employee Accountability Act - Sets forth guidelines for placing career employees of the Senior Executive Service (SES) on investigative leave. Defines "investigative leave" as a temporary absence without duty for disciplinary reasons, of a period not greater than 90 days. Authorizes a federal agency to: (1) place an SES employee on investigative leave, without loss of pay and without charge to annual or sick leave, only for misconduct, neglect of duty, malfeasance, or misappropriation of funds; (2) place such employee on leave without pay if such employee's conduct is flagrant and such employee intentionally engaged in such conduct; or (3) remove such employee if such employee acted in a manner that endangers the interest of the agency mission and the removal is deemed necessary or advisable in the interests of the United States. Requires an agency head to periodically review the investigation into the conduct of an SES employee placed on investigative leave and take certain actions with respect to such employee at the end of a period of investigative leave, including removal, suspension without pay, or reinstatement to duty. Grants an employee placed on investigative leave certain rights, including: (1) advance written notice of, and the right to answer, charges; (2) the right to be represented by an attorney; and (3) the right to appeal to the Merit Systems Protection Board (MSPB). Includes misappropriation of funds as a ground in suspending or reinstating an SES employee or placing such employee in another civil service position.

Government Employee Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Servicemembers' Electronic Records' Viability Act'' or the ``E-SERV Act''. SEC. 2. DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS INTERAGENCY PROGRAM OFFICE. (a) Purpose of Office.--Section 1635(b)(2)(A) of the Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note) is amended to read as follows: ``(A) To-- ``(i) act as a single point of accountability and authority for the Department of Defense and the Department of Veterans Affairs in the rapid development and implementation of electronic health record systems or capabilities that allow for full interoperability of personal health care information between the Department of Defense and the Department of Veterans Affairs; and ``(ii) be the single program office of the Department of Defense and the Department of Veterans Affairs that is responsible for the development, implementation, and sustainment of all electronic health record systems and capabilities.''. (b) Leadership of Office.--Section 1635(c) of such Act is amended by adding at the end the following: ``(6) Supervision of director.-- ``(A) Except as provided by subparagraph (B), the Director shall report directly to the Secretary of Defense and the Secretary of Veterans Affairs without the interposition of any other supervising official. Each Secretary shall be responsible for one-half of any performance review of the Director. ``(B) The Secretaries may jointly delegate supervision described in subparagraph (A) to an official of the Department of Defense and to an official of the Department of Veterans Affairs at a level not lower than Deputy Secretary.''. (c) Function.--Section 1635(d) of such Act is amended to read as follows: ``(d) Function.-- ``(1) In general.--The function of the Office shall be to develop, implement, and sustain electronic health record systems and capabilities for the Department of Defense and the Department of Veterans Affairs. Such systems shall-- ``(A) allow for full interoperability of personal health care information between the Departments; ``(B) to the extent practicable, consist of a seamless, integrated process that addresses the unique needs of each Department; and ``(C) ensure that health records comply with applicable interoperability standards, implementation specifications, and certification criteria (including for the reporting of quality measures) of the Federal Government. ``(2) Sole responsible office.--The Office shall-- ``(A) be the only office of the Department of Defense and the Department of Veterans Affairs responsible for electronic health record capabilities, including any such capabilities existing before January 16, 2008; and ``(B) represent each Department to other departments and agencies of the Federal Government and to Congress with respect to activities regarding the electronic health record systems capabilities of the Departments. ``(3) Programming and budgeting authority.-- ``(A) The Office shall carry out planning, programming, budgeting, and execution activities required to carry out the functions described in paragraph (1), including activities related to the design, development, testing, acquisition, implementation, and sustainment of electronic health record systems and capabilities. ``(B) In the budget materials submitted to the President by the Secretary of Defense and the Secretary of Veterans Affairs in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2013, and each subsequent fiscal year, each Secretary shall ensure that the Office is listed as a separate, dedicated budget line.''. (d) Staff.--Section 1635(g) of such Act is amended by adding at the end the following: ``(3) Supervision.--Personnel assigned to the Office under paragraph (1) and other personnel of the Department of Defense and the Department of Veterans Affairs who are assigned to electronic health record initiatives shall be under the direction of the Director. ``(4) Request for resources.--The Secretary of Defense and the Secretary of Veterans Affairs shall furnish to the Director resources requested by the Director to carry out this section, to the extent practicable.''. (e) Conforming Amendment.--Section 1635 of such Act is amended by striking ``subsection (d)'' and inserting ``subsection (d)(1)'' each place it appears. (f) Implementation.--Of the funds authorized to be appropriated for each of fiscal years 2012 and 2013 to carry out the interagency program office of the Department of Defense and the Department of Veterans Affairs established under section 1635 of the Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note), not more than 10 percent may be obligated or expended until the date on which the Secretary of Defense and the Secretary of Veterans Affairs jointly certify to Congress that the amendments made by subsections (a) through (d) have been implemented.

Ensuring Servicemembers' Electronic Records' Viability Act or the E-SERV Act - Amends the Wounded Warrior Act to make the interagency program office of the Department of Defense (DOD) and the Department of Veterans Affairs (VA) established by such Act the single: (1) point of accountability and authority (currently, accountability only) for the DOD and VA in the development and implementation of electronic health record systems or capabilities (including capabilities existing before January 16, 2008) that allow for full interoperability of personal health care information between such agencies; and (2) program office of such Departments that is responsible for the development, implementation, and sustainment of all electronic health record systems and capabilities. Requires: (1) the Director of such office to report directly to the DOD and VA Secretaries (or a jointly delegated official of each Department not lower than Deputy Secretary) without interposition of any other supervising official, and (2) the office to carry out the programming and budgeting of such activities.

To improve the electronic health information systems and capabilities of the Department of Defense and the Department of Veterans Affairs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mutual Holding Company Beneficial Owners' Protection Act of 2009''. SEC. 2. APPROVAL OF STOCK BENEFIT PLANS BY SHAREHOLDERS OF SAVINGS ASSOCIATIONS. Section 10(o) of the Home Owners' Loan Act (U.S.C. 1467a(o)) is amended-- (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following new paragraph: ``(10) Approval by public shareholders.-- ``(A) In general.--No savings association or savings and loan holding company that is a subsidiary, directly or indirectly, of a mutual holding company may-- ``(i) establish or implement any plan to award stock options or to provide stock or any interest therein as compensation or benefits to-- ``(I) the management or employees of such association or savings and loan holding company; or ``(II) to the management or employees of any affiliate of such association or company; or ``(ii) amend any plan of such savings association or savings and loan holding company for any purpose described in clause (i), without the approval of such plan or amendment by a majority of the total votes eligible to be cast for such plan or amendment, other than the votes eligible to be cast by such mutual holding company or any subsidiary of the company. ``(B) Compliance.--Any provision of the charter or bylaws of a savings association, savings and loan holding company, or mutual holding company which has the effect of excluding or preventing votes required under subparagraph (A) with respect to the approval of a plan or amendment shall be void and unenforceable.''. SEC. 3. APPROVAL OF STOCK BENEFIT PLANS BY SHAREHOLDERS OF INSURED DEPOSITORY INSTITUTIONS. Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: ``(y) Method of Approval of Stock Benefit Plans by Subsidiaries of Mutual Holding Companies.-- ``(1) In general.--No insured depository institution that is a subsidiary, directly or indirectly, of a mutual holding company may-- ``(A) establish or implement any plan to award stock options or to provide stock or any interest therein as compensation or benefits to-- ``(i) the management or employees of such depository institution or company; or ``(ii) to the management or employees of any affiliate of such depository institution or company; or ``(B) amend any plan of such insured depository institution for any purpose described in subparagraph (A), without the approval of such plan or amendment by a majority of the total votes eligible to be cast for such plan or amendment, other than the votes eligible to be cast by such mutual holding company or any subsidiary of the company. ``(2) Compliance.--Any provision of the charter or bylaws of a insured depository institution or mutual holding company which has the effect of excluding or preventing votes required under paragraph (1) with respect the approval of a plan or amendment shall be void and unenforceable. ``(3) Mutual holding company defined.--For the purposes of this subsection, the term `mutual holding company' means a corporation organized as a mutual holding company and operating in mutual form.''. SEC. 4. APPROVAL OF STOCK BENEFIT PLANS BY SHAREHOLDERS OF MUTUAL BANK HOLDING COMPANY SUBSIDIARIES. Section 3(g) of the Bank Holding Company Act (12 U.S.C. 1842(g)) is amended by adding at the end the following new paragraph: ``(3) Approval by public shareholders.-- ``(A) In general.--Notwithstanding paragraph (2), no bank holding company that is a subsidiary, directly or indirectly, of a mutual holding company may-- ``(i) establish or implement any plan to award stock options or to provide stock or any interest therein as compensation or benefits to-- ``(I) the management or employees of such bank holding company subsidiary; or ``(II) to the management or employees of any affiliate of such bank holding company subsidiary; or ``(ii) amend any plan of such bank holding company subsidiary for any purpose described in subparagraph (A), without the approval of such plan or amendment by a majority of the total votes eligible to be cast for such plan or amendment, other than the votes eligible to be cast by such mutual holding company or any subsidiary of the company. ``(B) Compliance.--Any provision of the charter or bylaws of a bank holding company or mutual holding company which has the effect of excluding or preventing votes required under subparagraph (A) with respect to the approval of a plan or amendment shall be void and unenforceable.''.

Mutual Holding Company Beneficial Owners' Protection Act of 2009 - Amends the Home Owners' Loan Act, the Federal Deposit Insurance Act, and the Bank Holding Company Act to prohibit any savings association, savings and loan holding company, insured depository institution, or bank holding company that is a subsidiary of a mutual holding company from establishing or implementing any plan (or plan amendment ) to award stock options or to provide stock or any stock interest as compensation or benefits to either management or employees, unless a majority of the total (non-mutual holding company) votes eligible to be cast for it approve. Declares void and unenforceable any provision of the charter or bylaws of such entities which has the effect of excluding or preventing such votes.

To protect the rights of public shareholders of mutual holding companies by promoting fair corporate governance procedures when considering management or employee stock benefit plans, and for other purposes.

SECTION 1. AUTHORITY. (a) In General.--In order to avoid or minimize the need for involuntary separations due to a reduction in force, reorganization, transfer of function, or other similar action, the head of an agency may offer early retirement under this section to employees of such agency-- (1) in any component thereof; (2) in any occupation; (3) in any geographic location; or (4) on the basis of any combination of factors under paragraphs (1) through (3). (b) Treatment of Employees Taking Early Retirement Under This Section.-- (1) In general.--In the case of an employee who takes early retirement under this section, the reduction under the first sentence of section 8339(h) of title 5, United States Code, shall be equal to the reduction that would otherwise apply, subject to paragraphs (2) and (3). (2) Modified reduction.--Effective with respect to any benefits accruing for any month beginning after any birthday of the employee occurring after the commencement date of such employee's annuity, any annuity payable based on the service of such employee shall be redetermined such that it shall be equal to the amount that would then be payable, assuming the circumstance described in paragraph (3). (3) Circumstance described.--The redetermined amount under paragraph (2) as of any date is the amount that would then be payable based on the reduction that would then be required under the first sentence of section 8339(h) if, at the date of separation, such employee had attained the age attained by such employee as of the birthday referred to in paragraph (2). (c) Conditions.-- (1) In general.--In order to be eligible to take early retirement under this section, an employee-- (A) may not accept any voluntary separation incentive payment in connection with the same separation; and (B) must separate from service before the end of the relevant election period under paragraph (2), except as provided in paragraph (3). (2) Election period.-- (A) In general.--An election to take early retirement under this section shall not be valid unless it is made during an election period offered by the employee's employing agency under this paragraph, if any. (B) Duration; Expiration.--An election period under this paragraph-- (i) shall be 3 months in duration; (ii) shall end not later than 1 year after the date of the enactment of this Act; and (iii) may not be repeated. (3) Exception relating to required separation date.--If necessary to ensure the effective performance of the agency's mission, in the judgment of the head of the agency, the required date of separation under paragraph (1)(B) may be deferred for a period mutually agreed upon by the employee and the agency, but not later than 1 year after the last day of the relevant election period. (d) Employment Backfill Prevention.--Subsections (f) and (g) of section 5 of the Federal Workforce Restructuring Act of 1994 (Public Law 103-226; 5 U.S.C. 3101 note) shall apply with respect to any vacancy created by the separation of any employee who has taken, or who is due to take, early retirement under this section. (e) Eligibility Not Limited to Those Under CSRS.--This section applies with respect to any employee who is eligible for-- (1) an annuity under subchapter III of chapter 83 of title 5, United States Code; or (2) an annuity any part of which would be subject to reduction under the first sentence of section 8339(h) of such title. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary in order to finance the unfunded liability created by this section, to the extent attributable to benefits accruing during the 5-year period beginning on the date of the enactment of this Act, either-- (1) in 5 equal annual installments, with interest computed at the rate used in the then most recent valuation of the Civil Service Retirement System and with the first payment thereof due as of the end of the fiscal year in which this Act is enacted; or (2) in a single installment an amount equivalent to the present value (at time of payment) of the installments referred to in paragraph (1), and with such payment due by the end of the fiscal year next beginning after the date of the enactment of this Act. SEC. 2. HEALTH AND LIFE INSURANCE BENEFITS. (a) In General.--In the case of an employee who takes early retirement under section 1-- (1) such employee shall not, by reason of any requirement under section 8905(b)(1) of title 5, United States Code, be considered ineligible for continued enrollment as an annuitant under chapter 89 of title 5, United States Code, if the otherwise applicable requirements are met; and (2) subject to subsection (b), such employee shall not, by reason of any requirement under section 8706(b) of such title, be considered ineligible for continued life insurance coverage under chapter 87 of such title, if the otherwise applicable requirements are met. (b) Individual Not Eligible for Government Contributions.--Life insurance coverage under subsection (a)(2) shall be afforded in accordance with applicable provisions of title 5, United States Code, except that any Government contributions otherwise payable with respect to an annuitant shall be the responsibility of the former employee. SEC. 3. DEFINITIONS. As used in this Act: (1) Agency; employee.--The terms ``agency'' and ``employee'' have the respective meanings given those terms by section 3 of the Federal Workforce Restructuring Act of 1994 (Public Law 103-226; 5 U.S.C. 5597 note). (2) Voluntary separation incentive payment.--The term ``voluntary separation incentive payment'' means-- (A) a voluntary separation incentive payment under section 3 of the Federal Workforce Restructuring Act of 1994; and (B) any similar payment as may be identified under section 4. SEC. 4. REGULATIONS. Any regulations necessary to carry out this Act may be prescribed by the President or his designee.

Authorizes the head of a Federal agency to offer early retirement to employees of such agency: (1) in any component thereof; (2) in any occupation; (3) in any geographic location; or (4) in any combination of the three. Redetermines the reduction in retirement benefits for such employees caused by such early retirement based on the age the employee attains on his or her next birthday after the commencement of such employee's annuity. Sets forth conditions for early retirement under this Act, including acceptance of early retirement during an election period chosen by the employer. Makes eligible for such early retirement election employees under both the Civil Service Retirement System and the Federal Employees' Retirement System. Authorizes appropriations. Provides for continued eligibility of such employees for Government health and life insurance benefits as retired Federal employees. Places on the retiree responsibility for any Government contributions otherwise payable with respect to an annuitant.

To allow agencies to offer certain Federal employees an opportunity to take early retirement without having to remain subject to the otherwise applicable reduction, based on age, after attaining age 55.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Democracy for All Americans Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Despite Federal efforts to increase uniformity in voting procedures for elections for Federal office, there remains much variation in such procedures among the States. (2) A major goal of the National Voter Registration Act of 1993 (commonly known as the ``Motor-Voter Act'') was the standardization of voter registration procedures for elections for Federal office to prevent voter fraud and provide an accurate list of eligible voters. (3) Under the provisions of the Uniformed and Overseas Citizens Absentee Voting Act, absent uniformed services voters and overseas voters can vote by absentee ballot in elections for Federal office and, if a State does not provide an official State absentee ballot in response to a timely request, can write in the names of candidates on a Federal write-in absentee ballot. (4) In North Dakota and in some counties in Wisconsin, individuals may vote without registering. (5) Individuals in Idaho, New Hampshire, Maine, Minnesota, Wisconsin, and Wyoming may register to vote on the day of the election. (6) The duration of the residency requirement for voter registration varies from State to State from 1 to 30 days. (7) In 7 States disability or illness does not provide sufficient grounds for registering as an absentee voter, and in 4 States disability or illness does not provide sufficient grounds for voting as an absentee. (8) A few States allow any citizen who is out of the United States or the State to register as an absentee voter. (9) At least 7 different types of voting equipment are used to carry out Presidential elections throughout the United States, and the type of equipment used is determined on the county level. (10) The opening time for polling places in Federal elections varies from 6:00 a.m. to 11:00 a.m., and the closing time for such polling places varies from 6:00 p.m. to 9:00 p.m.. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established the Commission on the Comprehensive Study of Voting Procedures (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF THE COMMISSION. (a) Study.--Not later than 1 year after the date of enactment of this Act, the Commission shall complete a thorough study of all issues relating to voting procedures in Federal, State, and local elections, including the following: (1) Voting procedures in Federal, State, and local government elections. (2) Voting procedures that represent the best practices in Federal, State, and local government elections. (3) Legislation and regulatory efforts that affect voting procedures issues. (4) The implementation of standardized voting procedures, including standardized technology and procedures for voter registration, absentee voting, early voting, and voting hours on the day of the election, for Federal, State, and local government elections. (5) The speed and timeliness of vote counts in Federal, State and local elections. (6) The accuracy of vote counts in Federal, State and local elections. (7) The security of voting procedures in Federal, State and local elections. (b) Recommendations.--The Commission shall develop recommendations on the matters studied under subsection (a). (c) Reports.-- (1) Final report.--Not later than 180 days after the expiration of the period referred to in subsection (a), the Commission shall submit a report which has been approved by a majority of the members of the Commission to the President and Congress which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (2) Interim reports.--The Commission may submit to the President and Congress any interim reports that are approved by a majority of the members of the Commission. (3) Additional reports.--The Commission may include in any of the reports submitted under paragraph (1) or paragraph (2) additional reports that contain any dissenting or minority opinions of the members of the Commission. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 5 members of whom-- (1) 1 shall be appointed by the President; (2) 1 shall be appointed by the majority leader of the Senate; (3) 1 shall be appointed by the minority leader of the Senate; (4) 1 shall be appointed by the Speaker of the House of Representatives; and (5) 1 shall be appointed by the minority leader of the House of Representatives. (b) Members.--The Commission shall include at least 1 member from each of the following: (1) The National Institute of Standards and Technology. (2) The Department of Justice. (3) The National Academy of Sciences. (c) Date of Appointment.--The appointments of the members of the Commission shall be made not later than 30 days after the date of enactment of this Act. (d) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (e) Vacancies.--A vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (f) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chairperson or a majority if its members. (2) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (h) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among its members. SEC. 6. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may hold such hearings for the purpose of carrying out this Act, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. The Commission may administer oaths and affirmations to witnesses appearing before the Commission. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Website.--For purposes of conducting the study under section 4(a), the Commission shall establish a website to facilitate public comment and participation. (d) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Administrative Support Services.--Upon the request of the Chairperson of the Commission, the Administrator of the General Services Administration shall provide to the Commission, on a reimbursable basis, the administrative support services that are necessary to enable the Commission to carry out its duties under this Act. (f) Contracts.--The Commission may contract with and compensate persons and Federal agencies for supplies and services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (g) Gifts and Donations.--The Commission may accept, use, and dispose of gifts or donations of services or property to carry out this Act. SEC. 7. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The chair of the Commission may appoint staff of the Commission, request the detail of Federal employees, and accept temporary and intermittent services in accordance with section 3161 of title 5, United States Code, except that the rate of pay of any staff may not exceed the annual rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Special rule regarding appointment of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. SEC. 8. TERMINATION OF THE COMMISSION. The Commission shall terminate 30 days after the date on which the Commission submits its final report under section 4(c)(1). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as may be necessary to the Commission to carry out this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

Secure Democracy for All Americans Act - Establishes the Commission on the Comprehensive Study of Voting Procedures to study and report to the President and Congress on all issues relating to voting procedures in Federal, State, and local elections.

To establish a commission to develop uniform standards which may be adopted by the States for the administration of elections for Federal office, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``LESS Government Act''. SEC. 2. FINDINGS; POLICY. (a) Findings.--The Congress finds the following: (1) Nearly 100 major United States corporations, and many government entities around the world, have reduced waste in their operations and improved the quality of the goods and services they provide by implementing a continuous process improvement methodology known as lean six sigma. (2) Use of this methodology has resulted in average cost reductions greater than 25 percent while also improving the quality of goods and services. (3) The piloted use of lean six sigma within the Department of Defense and several other departments and agencies has demonstrated that it can successfully be applied across the Federal Government. (4) Continuous process improvement is essential for Federal agencies to be successful in setting and meeting performance goals and is a key component that is missing from current statutory requirements for performance improvement efforts. (5) Clear direction and authority from Congress is needed to ensure this innovative management process from the private sector is applied across the Federal Government to achieve waste reduction and optimal efficiency. (b) Congressional Statement of Policy.--It shall be the policy of the United States-- (1) to reduce waste and improve the effectiveness of the Federal Government through the use of continuous process improvement methods; (2) to require each Federal agency to implement the necessary capabilities to fully institutionalize such methods within such agency to reduce waste while maintaining or improving the level of services provided by the Federal Government; and (3) to return savings from such methods to the United States Treasury to reduce the deficit. SEC. 3. CONTINUOUS PROCESS IMPROVEMENT. (a) Continuous Process Improvement Defined.--Section 1101 of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(3) `continuous process improvement' means a management methodology (commonly referred to as lean six sigma) that combines tools to improve process speed, reduce waste, and incorporate requirements with data driven project analysis to provide products and services with improved quality at lower cost.''. (b) Agency Performance Reporting.--Subsection (c) of section 1116 of such title is amended-- (1) in paragraph (6)(E), by striking ``; and''; (2) in paragraph (7), by striking the period and inserting ``; and''; and (3) by inserting at the end the following new paragraph: ``(8) describe the implementation of continuous process improvement, including information on each of the following: ``(A) The extent to which employees have received continuous process improvement training appropriate to the position of such employee, and its relation to the deployment goals in a typical application of continuous process improvement. ``(B) A description of the application of continuous process improvement in cost-reduction projects, including any performance or quality improvements and cost savings realized as a result of such application. ``(C) A comparison of the implementation results to the goal of a 25 percent cost reduction per project.''. (c) Implementation Results.--Subsection (c) of section 1122 of such title is amended-- (1) in paragraph (8), by striking ``; and''; (2) in paragraph (9), by striking the period and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(10) a description of the results of the government-wide implementation of continuous process improvement.''. (d) Chief Operating Officer Requirement.--Subsection (b) of section 1123 of such title is amended-- (1) in paragraph (3), by striking ``; and''; (2) in paragraph (4), by striking the period and inserting ``; and''; and (3) by inserting at the end the following new paragraph: ``(5) implement continuous process improvement within the agency.''. (e) Performance Improvement Officer Requirement.--Paragraph (2) of section 1124(a) of such title is amended-- (1) in subparagraph (E), by striking ``; and''; (2) in subparagraph (F), by striking the period and inserting ``; and''; and (3) by inserting at the end the following new subparagraph: ``(G) advise and assist the head of the agency and the Chief Operating Officer on implementing the continuous process improvement within the agency.''. (f) Performance Improvement Council.--Subsection (b) of section 1124 of such title is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (C) and (D) as (D) and (E), respectively; and (B) by inserting after subparagraph (B), the following new subparagraph: ``(C) an appropriate expert designated by the Director of the Office of Management and Budget pursuant to paragraph (4);''; and (2) by adding at the end the following new paragraph: ``(4) Designation of expert on continuous process improvement.--The Director of the Office of Management and Budget shall appoint a highly-qualified expert on continuous process improvement to serve as a member of the Performance Improvement Council to advise on the implementation of continuous process improvement across agencies.''. SEC. 4. CENTER OF EXCELLENCE FOR CONTINUOUS PROCESS IMPROVEMENT. (a) In General.--Chapter 11 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 1126. Center of Excellence for continuous process improvement ``(a) In General.--The Director of the Office of Management and Budget shall designate a center of excellence for continuous process improvement training, from within the Department of Defense. ``(b) Functions.--The Director shall ensure that the center designated under subsection (a) provides agencies with a common set of approaches to training and deployment of continuous process improvement.''. (b) Designation.--The Director of the Office of Management and Budget shall designate the center of excellence required under section 1126(a) of title 31, United States Code, as added by subsection (a), not later than 90 days after the date of the enactment of this Act. (c) Technical and Conforming Amendment.--The table of contents for chapter 11 of title 31, United States Code, is amended by inserting after the item relating to section 1125 the following new item: ``1126. Center of excellence for continuous process improvement.''. SEC. 5. PREPARATION AND SUBMISSION OF APPROPRIATIONS REQUESTS TO THE PRESIDENT. Paragraph (1) of section 1108(b) of title 31, United States Code, is amended by adding at the end the following: ``The head of each agency shall include information on the results of cost-reduction projects using continuous process improvement in each relevant appropriation request for the agency, and an explanation of how any savings from such implementation have impacted the agency's request.''. SEC. 6. EFFECTIVE DATE. Except as otherwise expressly provided under this Act, this Act and the amendments made by this Act shall take effect 6 months after the date of the enactment of this Act.

LESS Government Act - Requires the head of each federal agency to describe the implementation of continuous process improvement in the agency's periodic update on agency performance. Defines "continuous process improvement" as a management methodology (commonly referred to as lean six sigma) that combines tools to improve process speed, reduce waste, and incorporate requirements with data driven project analysis to provide products and services with improved quality at lower cost. Requires the Director of the Office of Management and Budget (OMB) to: (1) make available on the OMB website a description of the results of the government-wide implementation of such process, and (2) appoint an expert on such process as a member of the Performance Improvement Council to advise on its implementation across agencies. Requires: (1) each agency's Chief Operating Officer to implement such process, and (2) each agency's Performance Improvement Officer to advise and assist the agency head and Chief Operating Officer in implementing such process. Requires the Director to designate a center of excellence for process training, from within the Department of Defense (DOD).

To require government-wide application of continuous process improvement methods to reduce waste and improve the effectiveness of the Federal Government, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Oceanic and Atmospheric Administration Authorization Act of 1994''. SEC. 2. DEFINITIONS. For the purposes of this Act, the term-- (1) ``Act of 1890'' means the Act entitled ``An Act to increase the efficiency and reduce the expenses of the Signal Corps of the Army, and to transfer the Weather Bureau of the Department of Agriculture'', approved October 1, 1890 (26 Stat. 653); and (2) ``Act of 1947'' means the Act entitled ``An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes'', approved August 6, 1947 (33 U.S.C. 883a et seq.). TITLE I--NOAA ATMOSPHERIC AND SATELLITE PROGRAMS SEC. 101. NATIONAL WEATHER SERVICE OPERATIONS AND RESEARCH. There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out the operations and research activities of the National Weather Service under law, $526,277,000 for fiscal year 1995. Moneys appropriated pursuant to this authorization shall be used to fund those activities relating to National Weather Service operations and research specified by the Act of 1890, the Act of 1947, and any other law involving such activities. Such activities include meteorological, hydrological, and oceanographic public warnings and forecasts, as well as applied research in support of such warnings and forecasts. SEC. 102. PUBLIC WARNING AND FORECAST SYSTEMS. There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to improve its public warning and forecast systems under law, $160,599,000 for fiscal year 1995. Moneys appropriated pursuant to this authorization shall be used to fund those activities relating to public warning and forecast systems specified by the Act of 1890, the Act of 1947, and any other law involving such activities. Such activities include the development, acquisition, and implementation of major public warning and forecast systems. SEC. 103. CLIMATE AND AIR QUALITY RESEARCH. (a) In General.--There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out its climate and air quality research activities under law, $139,023,000 for fiscal year 1995. Moneys appropriated pursuant to this authorization shall be used to fund those activities relating to climate and air quality research specified by the Act of 1890, the Act of 1947, and any other law involving such activities. Such activities include interannual and seasonal climate research, long-term climate and air quality research, high performance computing, elementary education programs to augment global observation systems, and the National Climate Program. (b) Climate and Global Change.--Of the sums authorized under subsection (a), $84,012,000 for fiscal year 1995 are authorized to be appropriated for the purposes of studying climate and global change. Such program shall augment and integrate existing programs of the National Oceanic and Atmospheric Administration and shall include global observations, monitoring, and data and information management relating to the study of changes in the Earth's climatic system, fundamental research on critical oceanic and atmospheric processes, and climate prediction and diagnostics. SEC. 104. ATMOSPHERIC RESEARCH. There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out its atmospheric research activities under law, $47,020,000 for fiscal year 1995. Money appropriated pursuant to this authorization shall be used to fund those activities relating to atmospheric research specified by the Act of 1890 and by any other law involving such activities. Such activities include research for developing improved observation and prediction capabilities for atmospheric processes, as well as solar-terrestrial services and research. SEC. 105. SATELLITE OBSERVING SYSTEMS. (a) In General.--There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out its satellite observing systems activities under law, $366,201,000 for fiscal year 1995. Moneys appropriated pursuant to this authorization shall be used to fund those activities relating to data and information services specified by the Act of 1890 and by any other law involving such activities. Such activities include spacecraft procurement, launch, and associated ground station system changes involving polar orbiting and geostationary environmental satellites and land remote-sensing satellites, as well as the operation of such satellites. SEC. 106. DATA AND INFORMATION SYSTEMS. There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out its data and information services activities under law, $35,087,000 for fiscal year 1995. Moneys appropriated pursuant to this authorization shall be used to fund those activities relating to data and information services specified by the Act of 1890 and by any other law involving such activities. Such activities include climate data services, ocean data services, geophysical data services, environmental data services, and information services. TITLE II--NOAA OCEAN AND COASTAL PROGRAMS SEC. 201. NATIONAL OCEAN SERVICE. (a) Mapping, Charting, and Geodesy.--There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out mapping, charting, and geodesy activities (including geodetic data collection and analysis) under the Act of 1947 and any other law involving those activities, $54,012,000 for fiscal year 1995. (b) Observation and Assessment.--There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out observation and assessment activities-- (1) under the Act of 1947 and any other law involving those activities, $68,546,000 for fiscal year 1995; and (2) under title II of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1441 et seq.) $13,000,000 for fiscal year 1995. (c) Coastal Ocean Program.--Of the sums authorized under subsection (b)(1), $11,433,000 for fiscal year 1995 are authorized to be appropriated for the purposes of conducting a Coastal Ocean Program. Such program shall augment and integrate existing programs of the National Oceanic and Atmospheric Administration and shall include efforts to improve predictions of fish stocks to better conserve and manage living marine resources, to improve predictions of coastal ocean pollution to help correct and prevent degradation, and to improve predictions of coastal hazards to protect human life and personal property. SEC. 202. OCEAN AND GREAT LAKES RESEARCH. There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out ocean and Great Lakes research activities under the Act of 1947, the Act of 1890, and any other law involving those activities, $18,527,000 for fiscal year 1995. SEC. 203. UNDERSEA RESEARCH. There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out its undersea research activities under law, $18,000,000 for fiscal year 1995. Moneys appropriated pursuant to this authorization shall only be used to fund the ongoing operations of existing undersea research centers. TITLE III--NOAA MARINE FISHERY PROGRAMS SEC. 301. AUTHORIZATION OF APPROPRIATIONS. The National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act (Public Law 98-210; 97 Stat. 1409) is amended-- (1) in section 2(a)-- (A) by striking ``and'' immediately after ``1992'' and inserting a comma; and (B) by inserting immediately before the period at the end ``, $51,092,000 for fiscal year 1995''; (2) in section 3(a)-- (A) by striking ``and'' immediately after ``1992'' and inserting a comma; and (B) by inserting immediately before the period at the end ``, $14,198,000 for fiscal year 1995''; and (3) in section 4(a)-- (A) by striking ``and'' immediately after ``1992'' and inserting a comma; and (B) by inserting immediately before the period at the end ``, $17,089,000 for fiscal year 1995''. TITLE IV--MISCELLANEOUS PROVISIONS SEC. 401. PROGRAM SUPPORT. (a) Executive Direction and Administrative Activities.-- (1) There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out executive direction and administrative activities (including management, administrative support, provision of retired pay of National Oceanic and Atmospheric Administration commissioned officers, and policy development) under the Act entitled ``An Act to clarify the status and benefits of commissioned officers of the National Oceanic and Atmospheric Administration, and for other purposes'', approved December 31, 1970 (33 U.S.C. 857-1 et seq.), and any other law involving those activities, $81,944,000 for fiscal year 1995. (2) Of the sums authorized under this subsection $1,000,000 is authorized to be appropriated for the purpose of conducting the study under section 404. (b) Acquisition, Construction, Maintenance, and Operation of Facilities.--There are authorized to be appropriated to the Secretary of Commerce, for acquisition, construction, maintenance, and operation of facilities of the National Oceanic and Atmospheric Administration under any law involving those activities, $100,000,000 for fiscal year 1995. (c) Marine Services.--There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out marine services activities (including ship operations, maintenance, and support) under the Act of 1947 and any other law involving those activities, $62,599,000 for fiscal year 1995. (d) Aircraft Services.--There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out aircraft services activities (including aircraft operations, maintenance, and support) under the Act of 1890 and any other law involving those activities, $14,680,000 for fiscal year 1995. SEC. 402. CONVEYANCE OF NATIONAL MARINE FISHERIES SERVICE LABORATORY AT GLOUCESTER, MASSACHUSETTS. (a) Conveyance Required.-- (1) In general.--The Secretary of Commerce shall convey to the Commonwealth of Massachusetts, all right, title, and interest of the United States in and to the property comprising the National Marine Fisheries Service laboratory located on Emerson Avenue in Gloucester, Massachusetts. (2) Terms.--A conveyance of property under paragraph (1) shall be made-- (A) without payment of consideration; and (B) subject to the terms and conditions specified under subsections (b) and (c). (b) Conditions for Transfer.-- (1) In general.--As a condition of any conveyance of property under this section, the Commonwealth of Massachusetts shall assume full responsibility for maintenance of the property for as long as the Commonwealth retains the right and title to that property. (2) Continued use of property by nmfs.--The Secretary may enter into a memorandum of understanding with the Commonwealth of Massachusetts under which the National Marine Fisheries Service is authorized to occupy existing laboratory space on the property conveyed under this section, if-- (A) the term of the memorandum of understanding is for a period of not longer than 5 years beginning on the date of enactment of this Act; and (B) the square footage of the space to be occupied by the National Marine Fisheries Service does not conflict with the needs of, and is agreeable to, the Commonwealth of Massachusetts. (c) Reversionary Interest.--All right, title, and interest in and to all property conveyed under this section shall revert to the United States on the date on which the Commonwealth of Massachusetts uses any of the property for any purpose other than the Commonwealth of Massachusetts Division of Marine Fisheries resource management program. SEC. 403. REIMBURSEMENT OF EXPENSES. (a) In General.--Notwithstanding section 3302(b) and (c) of title 31, United States Code, and subject to subsection (b) all amounts received by the United States in settlement of, or judgment for, damage claims arising from the October 9, 1992, allision of the vessel ZACHERY into the National Oceanic and Atmospheric Administration research vessel DISCOVERER-- (1) shall be retained as an offsetting collection in the Fleet Modernization, Shipbuilding, and Conversion account of the National Oceanic and Atmospheric Administration; (2) shall be deposited in that account upon receipt by the United States Government; and (3) shall be available only for obligation for National Oceanic and Atmospheric Administration vessel repairs. (b) Limitation.--Not more than $518,757.09 of the amounts referred to in subsection (a) may be deposited into the Fleet Modernization, Shipbuilding, and Conversion account pursuant to this section. SEC. 404. STUDY OF NOAA CORPS. Within 90 days of the date of enactment of this Act, the Secretary of Commerce shall contract with the National Research Council to examine and report to the Secretary and the Congress on the responsibilities and activities of the National Oceanic and Atmospheric Administration Corps (hereinafter referred to as the ``Corps'') in supporting the missions of the National Oceanic and Atmospheric Administration. In particular, the study shall-- (1) examine future requirements for a uniformed service in operating the fleet and aircraft of the National Oceanic and Atmospheric Administration, conducting hydrographic surveys, managing national marine sanctuaries, conducting oceanic and atmospheric research, and carrying out other responsibilities and activities of the National Oceanic and Atmospheric Administration. (2) examine the role of the Corps in the fleet replacement and modernization program; (3) evaluate and compare the costs of services provided by the Corps and civilian employees in similar positions; and (4) assess the availability of trained civilian employees to carry out identified activities in a cost effective manner that are currently the responsibility of the Corps. SEC. 405. WEATHER REPORTING STATIONS FOR PRINCE WILLIAM SOUND. (a) Installation.--To provide more comprehensive weather information to ensure the safety of fishermen and tank vessels and to protect the resources of Prince William Sound from potential oil spills, the Secretary of Commerce may expend $340,000 to acquire, construct, and install weather reporting stations in Prince William Sound, Alaska, as follows: (1) In the vicinity of Seal Rocks, to acquire and install a weather buoy capable of measuring and reporting wind speed and direction, barometric pressure, wave height and period, and air temperature. (2) On the existing tower at Bligh Reef, to acquire and install a weather instrument capable of measuring and reporting wind speed and direction. (3) At Potato Point, to relocate the existing anemometer to a more exposed location in order to provide more accurate information. (4) At the Hinchinbrook Lighthouse site, to acquire and install an anemometer. (b) Maintenance.--The Secretary of Commerce may expend $160,000 in each of fiscal years 1995 and 1996 to maintain the equipment identified in subsection (a). SEC. 406. CONTRACTOR ACTIVITIES. Activities of the contractor, including the purchase, transportation, receiving, and installation of property and materials, on behalf of the National Oceanic and Atmospheric Administration pursuant to the modernization of the National Weather Service as set forth in Public Law 102-567, are hereby expressly exempted from taxation in any manner of form by any State, county, municipality, or any subdivision thereof. SEC. 407. CLEANUP OF NOAA FACILITIES. (a) Section 201 of the Act of November 2, 1966 (Public Law 89-702; 80 Stat. 1091), formerly known as the Fur Seal Act of 1966, (16 U.S.C. 1161), is amended by adding at the end the following sentence: ``To the maximum extent feasible, the Secretary shall carry out his duties under this Act through contracts, compacts, or memoranda of agreement with the entities on the Pribilof Islands entitled to receive conveyance of lands by this Act.''. (b) Section 205 of that Act is amended by adding at the end the following new subsection: ``(h) The Secretary is authorized to clean up the dumps, debris, storage tanks, property, hazardous conditions, and contaminants which the Federal Government abandoned or conveyed to entities of the Pribilof Islands. The Secretary is authorized to execute contracts or agreements, including agreements on a reimbursable basis with the State of Alaska or local governments, and to provide financial and technical assistance and training requested by said entities, in order to obtain their services in carrying out any of the Secretary's responsibilities under this Act.''. S 2432 IS----2

TABLE OF CONTENTS: Title I: NOAA Atmospheric and Satellite Programs Title II: NOAA Ocean and Coastal Programs Title III: NOAA Marine Fishery Programs Title IV: Miscellaneous Provisions National Oceanic and Atmospheric Administration Authorization Act of 1994 - Title I: NOAA Atmospheric and Satellite Programs - Authorizes appropriations for FY 1995 to the Secretary of Commerce to enable the National Oceanic and Atmospheric Administration (NOAA) to improve its public warning and forecast systems and to carry out: (1) the operations and research activities of the National Weather Service; (2) its climate and air quality research activities, including the study of climate and global change; (3) its atmospheric research activities; (4) its satellite observing systems activities; and (5) its data and information services activities. Title II: NOAA Ocean and Coastal Programs - Authorizes appropriations for FY 1995 to the Secretary to enable NOAA to carry out: (1) mapping, charting, and geodesy activities, including geodetic data collection and analysis; (2) observation and assessment activities; (3) a Coastal Ocean Program; (4) ocean and Great Lakes research activities; and (5) its undersea research activities. Title III: NOAA Marine Fishery Programs - Amends the National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act to authorize appropriations for FY 1995 to enable the National Marine Fisheries Service to carry out its duties relating to fisheries information collection and analysis, and fisheries conservation and management operations. Title IV: Miscellaneous Provisions - Authorizes appropriations for FY 1995 to the Secretary: (1) to enable NOAA to carry out executive direction and administrative activities and marine and aircraft services activities; and (2) for acquisition, construction, maintenance, and operation of NOAA facilities. (Sec. 402) Requires the Secretary to convey to the Commonwealth of Massachusetts all U.S. interests in the National Marine Fisheries Service laboratory in Gloucester, Massachusetts. (Sec. 403) Directs that all amounts received by the United States in settlement of, or judgment for, damage claims arising from the collision of the vessel Zachery into the NOAA research vessel Discoverer be retained as an offsetting collection in NOAA's Fleet Modernization, Shipbuilding, and Conversion account, be deposited in that account upon receipt by the Government, and be available only for obligation for NOAA vessel repairs. (Sec. 404) Requires the Secretary to contract with the National Research Council to examine and report to the Secretary and the Congress on NOAA Corps responsibilities and activities in supporting the missions of NOAA. (Sec. 405) Authorizes the Secretary to expend $340,000 to acquire, construct, and install weather reporting stations in Prince William Sound, Alaska, and $160,000 in each of FY 1995 and 1996 to maintain specified equipment. (Sec. 406) Exempts activities of the contractor on behalf of NOAA pursuant to the modernization of the National Weather Service from taxation. (Sec. 407) Amends the Fur Seal Act of 1966 to: (1) direct the Secretary to carry out his duties under the Act through contracts, compacts, or memoranda of agreement with the entities on the Pribilof Islands entitled to receive conveyance of lands by the Act; and (2) authorize the Secretary to clean up the dumps, debris, storage tanks, property, hazardous conditions, and contaminants which the Federal Government abandoned or conveyed to entities of the Islands.

National Oceanic and Atmospheric Administration Authorization Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Pension Forfeiture Act of 2006''. SEC. 2. LOSS OF PENSIONS ACCRUED DURING SERVICE AS A MEMBER OF CONGRESS FOR ABUSING THE PUBLIC TRUST. (a) Civil Service Retirement System.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this subchapter, the service of an individual finally convicted of an offense described in paragraph (2) shall not be taken into account for purposes of this subchapter, except that this sentence applies only to service rendered as a Member (irrespective of when rendered). Any such individual (or other person determined under section 8342(c), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2)(A) An offense described in this paragraph is any offense described in subparagraph (B) for which the following apply: ``(i) Every act or omission of the individual (referred to in paragraph (1)) that is needed to satisfy the elements of the offense occurs while the individual is a Member. ``(ii) Every act or omission of the individual that is needed to satisfy the elements of the offense directly relates to the performance of the individual's official duties as a Member. ``(iii) The offense is committed after the date of enactment of this subsection. ``(B) An offense described in this subparagraph is only the following, and only to the extent that the offense is a felony under title 18: ``(i) An offense under section 201 of title 18 (bribery of public officials and witnesses). ``(ii) An offense under section 219 of title 18 (officers and employees acting as agents of foreign principals). ``(iii) An offense under section 371 of title 18 (conspiracy to commit offense or to defraud United States) to the extent of any conspiracy to commit an act which constitutes an offense under clause (i) or (ii). ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the final conviction, be eligible to participate in the retirement system under this subchapter or chapter 84 while serving as a Member. ``(4) The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations shall include-- ``(A) provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b); and ``(B) provisions under which the Office may provide for-- ``(i) the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, but only to the extent that the application of this clause is considered necessary given the totality of the circumstances; and ``(ii) an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i). ``(5) For purposes of this subsection-- ``(A) the term `Member' has the meaning given such term by section 2106, notwithstanding section 8331(2); and ``(B) the term `child' has the meaning given such term by section 8341.''. (b) Federal Employees' Retirement System.--Section 8411 of title 5, United States Code, is amended by adding at the end the following: ``(l)(1) Notwithstanding any other provision of this chapter, the service of an individual finally convicted of an offense described in paragraph (2) shall not be taken into account for purposes of this chapter, except that this sentence applies only to service rendered as a Member (irrespective of when rendered). Any such individual (or other person determined under section 8424(d), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2) An offense described in this paragraph is any offense described in section 8332(o)(2)(B) for which the following apply: ``(A) Every act or omission of the individual (referred to in paragraph (1)) that is needed to satisfy the elements of the offense occurs while the individual is a Member. ``(B) Every act or omission of the individual that is needed to satisfy the elements of the offense directly relates to the performance of the individual's official duties as a Member. ``(C) The offense is committed after the date of enactment of this subsection. ``(3) An individual finally convicted of an offense described in paragraph (2) shall not, after the date of the conviction, be eligible to participate in the retirement system under this chapter while serving as a Member. ``(4) The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations shall include-- ``(A) provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b); and ``(B) provisions under which the Office may provide for-- ``(i) the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, but only to the extent that the application of this clause is considered necessary given the totality of the circumstances; and ``(ii) an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i). ``(5) For purposes of this subsection-- ``(A) the term `Member' has the meaning given such term by section 2106, notwithstanding section 8401(20); and ``(B) the term `child' has the meaning given such term by section 8341.''.

Congressional Pension Forfeiture Act of 2006 - Requires the Office of Personnel and Management (OPM) to prescribe regulations that prohibit eligibility in the governmental retirement system for a Member convicted of certain felony offenses in which: (1) every act or omission of such individual that is needed to satisfy the elements of the offense occurs while the individual is a Member; (2) such act or omission relates to the performance of the individual's official duties as a Member; and (3) the offense is committed after the enactment of this Act. Requires refund of annuity contributions and deposits, excluding interest earned, to a convicted individual. Defines Member as the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.

To amend title 5, United States Code, to deny retirement benefits to any Member of Congress convicted of a criminal offense involving abuse of the public trust.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Consumer Access to Generic Drugs Act of 2007''. SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATED TO NEW DRUG APPLICATIONS. (a) Conduct Prohibited.--It shall be unlawful for any person to directly or indirectly be a party to any agreement resolving or settling a patent infringement claim in which-- (1) an ANDA filer receives anything of value; and (2) the ANDA filer agrees not to research, develop, manufacture, market, or sell, for any period of time, the drug that is to be manufactured under the ANDA involved and is the subject of the patent infringement claim. (b) Exceptions.--Notwithstanding subsection (a)(1), subsection (a) does not prohibit a resolution or settlement of a patent infringement claim in which the value received by the ANDA filer includes no more than-- (1) the right to market the drug that is to be manufactured under the ANDA involved and is the subject of the patent infringement claim, before the expiration of-- (A) the patent that is the basis for the patent infringement claim; or (B) any other statutory exclusivity that would prevent the marketing of such drug; and (2) the waiver of a patent infringement claim for damages based on prior marketing of such drug. (c) Enforcement.--A violation of subsection (a) shall be treated as an unfair and deceptive act or practice and an unfair method of competition in or affecting interstate commerce prohibited under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (d) Definitions.--In this section: (1) Agreement.--The term ``agreement'' means anything that would constitute an agreement for purposes of section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (2) Agreement resolving or settling.--The term ``agreement resolving or settling'', in reference to a patent infringement claim, includes any agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the resolution or settlement of the claim. (3) ANDA.--The term ``ANDA'' means an abbreviated new drug application for the approval of a new drug under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)). (4) ANDA filer.--The term ``ANDA filer'' means a party that has filed an ANDA with the Food and Drug Administration. (5) Patent infringement.--The term ``patent infringement'' means infringement of any patent or of any filed patent application, extension, reissuance, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patent of addition, or extension thereof. (6) Patent infringement claim.--The term ``patent infringement claim'' means any allegation made to an ANDA filer, whether or not included in a complaint filed with a court of law, that its ANDA or drug to be manufactured under such ANDA may infringe any patent. SEC. 3. FTC RULEMAKING. The Federal Trade Commission may, by rule promulgated under section 553 of title 5, United States Code, exempt certain agreements described in section 2 if the Commission finds such agreements to be in furtherance of market competition and for the benefit of consumers. Consistent with the authority of the Commission, such rules may include interpretive rules and general statements of policy with respect to the practices prohibited under section 2. SEC. 4. FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD UNDER THE FFDCA. Section 505(j)(5)(D)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(D)(i)) is amended-- (1) in subclause (I)(bb)-- (A) by redesignating subitem (CC) as subitem (EE); and (B) by inserting after subitem (BB) the following: ``(CC) In a declaratory judgment action described in subitem (AA), a court dismisses the action for lack of subject matter jurisdiction, either with or without prejudice. ``(DD) The applicant files with the Secretary a covenant by the patent owner that the patent owner will not sue the applicant for infringement with respect to the patent.''; and (2) in subclause (V), by inserting ``section 2 of the Protecting Consumer Access to Generic Drugs Act of 2007 or'' after ``that the agreement has violated''. SEC. 5. NOTICE AND CERTIFICATION OF AGREEMENTS. (a) Notice of All Agreements.--Section 1112(c)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (21 U.S.C. 3155 note) is amended by-- (1) striking ``the Commission the'' and inserting ``the Commission (1) the''; and (2) inserting before the period at the end the following: ``; and (2) a description of the subject matter of any other agreement the parties enter into within 30 days of an entering into an agreement covered by subsection (a) or (b)''. (b) Certification of Agreements.--Section 1112 of such Act is amended by adding at the end the following: ``(d) Certification.--The Chief Executive Officer or the company official responsible for negotiating any agreement required to be filed under subsection (a), (b), or (c) shall execute and file with the Assistant Attorney General and the Commission a certification as follows: `I declare under penalty of perjury that the following is true and correct: The materials filed with the Federal Trade Commission and the Department of Justice under section 1112 of subtitle B of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, with respect to the agreement referenced in this certification: (1) represent the complete, final, and exclusive agreement between the parties; (2) include any ancillary agreements that are contingent upon, provide a contingent condition for, or are otherwise related to, the referenced agreement; and (3) include written descriptions of any oral agreements, representations, commitments, or promises between the parties that are responsive to subsection (a) or (b) of such section 1112 and have not been reduced to writing.'.''.

Protecting Consumer Access to Generic Drugs Act of 2007 - Prohibits, as an unfair and deceptive act or practice and an unfair method of competition in or affecting interstate commerce, any person from being a party to any agreement resolving or settling a patent infringement claim in which: (1) an abbreviated new drug (generic) application filer receives anything of value; and (2) such filer agrees not to research, develop, manufacture, market or sell the generic drug. Excludes a resolution or settlement that includes no more than: (1) the right to market the generic drug before the expiration of the patent or other exclusivity period; or (2) the waiver of a patent infringement claim for damages. Authorizes the Federal Trade Commission (FTC) to exempt agreements in furtherance of market competition and for the benefit of consumers. Amends the Federal Food, Drug, and Cosmetic Act to provide that a generic drug applicant forfeits market exclusivity for failing to market the drug 75 days after: (1) a court dismisses a declaratory judgment action for lack of subject matter jurisdiction; or (2) the applicant files with the Secretary of Health and Human Services a covenant that the patent owner will not sue the applicant for patent infringement. Deems an applicant to have forfeited market exclusivity if the applicant enters into an agreement that violates this Act. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to revise reporting requirements related to agreements between a generic drug applicant and a brand name drug company to include: (1) a description of the subject matter of other agreements between the parties; and (2) a certification that the materials filed represent the complete, final, and exclusive agreement between the parties.

To prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Gambling Prohibition Act of 1998''. SEC. 2. DEFINITIONS. Section 1081 of title 18, United States Code, is amended-- (1) in the matter immediately following the colon, by designating the first 5 undesignated paragraphs as paragraphs (1) through (5), respectively, and moving the indentation of each paragraph 2 ems to the right; (2) in paragraph (5), as so designated-- (A) by striking ``wire communication'' and inserting ``communication''; (B) by striking ``transmission of writings'' and inserting ``transmission or receipt of data, writings''; and (C) by striking ``or other like'' and all that follows before the period and inserting ``radio, electromagnetic, photo-optical, photoelectric, or other similar facility''; and (3) by adding at the end the following: ``(6) The term `bets or wagers'-- ``(A) means the staking or risking by any person of something of value (other than in a de minimis amount) upon the outcome of a contest or game predominantly subject to chance, upon an agreement or understanding that the person or another person will receive something of greater value than the amount staked or risked in the event of a certain outcome; ``(B) includes the purchase of a chance or opportunity to win a lottery or other prize if the opportunity to win is predominantly subject to chance and the purchase requires a consideration that is not in a de minimis amount; and ``(C) does not include-- ``(i) a bona fide business transaction governed by the securities laws (as that term is defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47))) for the purchase or sale at a future date of securities (as that term is defined in section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10))); ``(ii) a contract of indemnity or guarantee; ``(iii) a contract for life, health, or accident insurance; ``(iv) a transaction on or subject to the rules of a contract market designated pursuant to section 5 of the Commodity Exchange Act (7 U.S.C. 7); or ``(v) participation in a simulation sports game or an educational game or contest that-- ``(I) is not dependent solely on the outcome of any single sporting event or nonparticipant's singular individual performance; ``(II) has an outcome that reflects the relative knowledge and skill of the participants; and ``(III) offers a prize or award to a participant that is established in advance of the game or contest and is not determined by the number of participants or the amount of any fees paid by those participants. ``(7) The term `information assisting in the placing of bets or wagers'' means information that is-- ``(A) sent by a person engaged in the business of betting or wagering that is necessary in order for the recipient to place a bet or wager by means of a communication facility being used in interstate or foreign commerce; or ``(B) intended by the sender to be used by a person engaged in the business of betting or wagering to accept or place a bet or wager.''. SEC. 3. TRANSMISSION OF WAGERING INFORMATION; PENALTIES. (a) In General.--Section 1084 of title 18, United States Code, is amended by striking subsections (a) through (d) and inserting the following: ``(a) In General.-- ``(1) Persons engaged in the business of betting or wagering.--Whoever, being engaged in the business of betting or wagering knowingly uses a communication facility for the transmission or receipt in interstate or foreign commerce of bets or wagers, information assisting in the placing of bets or wagers, or a communication that entitles the transmitter or receiver to the opportunity to receive money or credit as a result of bets or wagers made using a communication facility in interstate or foreign commerce, shall be fined under this title or imprisoned not more than 4 years, or both. ``(2) Other persons.--Whoever (other than a person described in paragraph (1) or a common carrier subject to the jurisdiction of the Federal Communications Commission) knowingly uses a communication facility with the intent to initiate or receive in interstate or foreign commerce the transmission of bets or wagers, information assisting in the placing of bets or wagers, or a communication that entitles the transmitter or receiver to the opportunity to receive money or credit as a result of bets or wagers, shall be fined under this title or imprisoned not more than 6 months, or both. ``(b) Exceptions.-- ``(1) News reporting; legal bets and wagers.--Nothing in this section shall be construed to prohibit the transmission or receipt in interstate or foreign commerce of-- ``(A) information for use in the news reporting or analysis of any wagering activity, including odds, racing or event results, schedules, or categories of wagering; ``(B) educational material relating to betting or wagering; ``(C) information assisting in the placing of bets or wagers, or parimutuel bets or wagers conducted by an interactive computer service, if such betting or wagering-- ``(i) is legal in the State or foreign country in which the transmission originates; and ``(ii) is legal in each State and each foreign country in which the sender intends the transmission to be received for the purposes of betting or wagering; or ``(D) advertising, promotion, or other communication by, or authorized by, anyone licensed to operate a gambling business in a State. ``(2) Interactive computer service.--Subsection (a) does not impose liability on an interactive computer service provider whose facilities or services are used by another person to engage in activity prohibited by that subsection-- ``(A) arising out of the provider's provision of communications services, if-- ``(i) the communication was initiated by or at the direction of a person other than the provider; ``(ii) the transmission, receipt, routing, or providing of connection is carried out through an automatic process without selection of the communicated information by the provider; and ``(iii) the provider does not select the recipients of the information, except as an automatic response; or ``(B) if the provider does not intend the use of its facility for a violation of this section, and, with respect to material or information residing on the provider's system, the provider-- ``(i) complies with subsection (c)(2) with respect to the particular material or information at issue; and ``(ii) makes available on its web site, in a location accessible to the public, the name address, phone number, and electronic mail address of an agent designated to receive notices under subsection (c)(2). ``(3) State law.--Nothing in this section shall be construed to preempt any State law.''. ``(c) Duties of Common Carriers and Interactive Computer Service Providers.-- ``(1) Notice to common carriers.--If any common carrier, subject to the jurisdiction of the Federal Communications Commission, is notified in writing by a Federal, State, or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of Federal, State, or local law, it shall discontinue or refuse, the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any common carrier for any act done in compliance with any notice received from a law enforcement agency. ``(2) Notice to interactive computer service providers.--If any interactive computer service provider is notified by a Federal, State, or local law enforcement agency, acting within its jurisdiction, through receipt of written or electronic notice that a particular online site residing on the provider's system or network is being used or will be used for the purpose of engaging in the business of betting or wagering or for displaying information assisting in the placing of bets or wagers in interstate or foreign commerce in violation of Federal, State, or local law, the provider shall cease or refuse providing access to the material or information that allegedly violates this section residing at that online site, but no civil or criminal liability shall be found against any interactive computer service provider for any act done in compliance with any notice received from a law enforcement agency. Such notice shall identify the business or information that allegedly violates this section, and must-- ``(A) be supplied to a service provider's agent if one is designated under this section and information regarding such designation is readily available to the public; and ``(B) provide information reasonably sufficient to permit the provider to locate such material or information. ``(3) Injunctive relief.--Except as provided in paragraph (4), any State or local law enforcement agency acting within its jurisdiction, may, following the issuance of a notice under this subsection, in a civil action, obtain an injunction or other appropriate relief preventing the use of the common carrier or interactive computer service provider for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of State or local law. ``(4) Limitation on injunctive relief against an interactive computer service provider.--In the case of any application for an injunction against an interactive computer service provider to prevent a violation by another person of this section-- ``(A) arising out of the provider's transmitting, routing, or providing connections for an activity or information that is prohibited by this section, or performing the intermediate and transient storage of such material or activity in the course of such transmitting, routing, or providing connections, the injunctive relief is limited to-- ``(i) an order restraining the provider from providing access to an identified subscriber of the interactive computer service provider's system or network, who is using that access to violate this section by terminating the specified accounts of such subscriber; and ``(ii) an order restraining the provider from providing access, by taking reasonable steps specified in the order to block access to a specific, identified, foreign online location. ``(B) with respect to conduct other than that which qualifies for the limitation on remedies set forth in subparagraph (A), the injunctive relief is limited to-- ``(i) an order restraining the provider from providing access to information or material that violates this section residing at a particular online site on the provider's system or network; ``(ii) an order restraining the provider from providing access to a subscriber of the interactive computer service's system or network, who is identified in the order and who is using such service to engage in a gambling business or to initiate a transmission that violates this section by terminating the specified accounts of such subscriber; or ``(iii) such other injunctive remedies as the court considers necessary to prevent or restrain specified activity or information that is prohibited by this section at a particular online location that are the least burdensome to the provider that are comparably effective for that purpose. ``(C) Considerations.--The court, in determining appropriate injunctive relief, shall consider-- ``(i) whether such an injunction, either alone or in combination with other such injunctions issued against the same provider, would significantly burden either the provider or the operation of the provider's system or network; ``(ii) the magnitude of the harm likely to be realized by law enforcement if the injunction is not granted; ``(iii) whether implementation of such an injunction would be technically feasible and effective, and would not interfere with access to lawful material at other online locations; ``(iv) whether other less burdensome and comparably effective means of preventing or restraining access to the illegal activity are available; and ``(v) the magnitude of the harm likely to be suffered by the community through the accessibility of illegal activity. ``(D) Notice and ex parte orders.--Injunctive relief under this subsection shall not be available without notice to the service provider and an opportunity for such provider to appear before the court, except for orders ensuring the preservation of evidence or other orders having no material adverse effect on the operation of the service provider's communications network.''. (b) Stylistic Amendment.--Subsection (e) of section 1084 of title 18, United States Code, is amended-- (1) by inserting ``Definition.--'' after ``(e)''; and (2) by redesignating the subsection as subsection (d).

Internet Gambling Prohibition Act of 1998 - Amends the Federal criminal code to prescribe penalties to be imposed against any person who, while engaged in the business of betting or wagering, knowingly uses a communication facility for the transmission or receipt in interstate or foreign commerce of bets or wagers, information assisting in the placing of bets or wagers, or a communication that entitles the transmitter or receiver to receive money or credit as a result of bets or wagers. Provides a smaller penalty for those engaging in such activities who are not in the business of betting or wagering. Provides prohibition exceptions, including for information for use in news reporting. Sets forth provisions regarding duties of common carriers and interactive computer service providers upon being notified by a Federal, State, or local law enforcement agency of violations. Provides for injunctive relief, subject to specified limitations.

Internet Gambling Prohibition Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Panama-Pacific International Exposition and Panama Canal Commemorative Coins Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The 1915 Panama-Pacific International Exposition was a world's fair held in San Francisco, California. The Exposition ran from February 20 until December 4, 1915. (2) The Exposition commemorated the completion of the Panama Canal and the 400th anniversary of the discovery of the Pacific Ocean by the Spanish explorer Vasco Nunez de Balboa. (3) The event was a significant factor in the economic recovery of San Francisco, which had been nearly destroyed by an earthquake and subsequent fire in 1906. (4) President William Howard Taft announced the choice of San Francisco as the location of the Exposition in 1911, and construction began shortly thereafter. (5) There were hundreds of buildings on the grounds; most were built to last only the duration of the Exposition. Every State then in the Union was represented with a building. Many nations were represented at the Exposition as well: 22 foreign governments had buildings. The fair occupied 76 city blocks. (6) The only building to survive the Exposition, and its most visible remnant, is the Palace of Fine Arts, which was designed by noted architect Bernard R. Maybeck. (7) Congress authorized the United States Mint to issue five different coins dated 1915 in connection with the Panama- Pacific International Exposition. The coins represent a high water mark for American commemorative coins. Produced at the San Francisco Mint, these were the first United States commemorative coins to bear the motto ``In God We Trust'', and included the silver Panama-Pacific half dollar and four gold coins in denominations of one dollar, 2\1/2\ dollars, a 50- dollar round coin, and a unique 50-dollar octagonal coin. (8) The octagonal $50 gold piece was the largest coin authorized by Congress, and the first minted since 1852 in a shape other than round. (9) The Panama Canal, which cuts across the Isthmus of Panama, was built between 1890 and 1914. It was the world's greatest engineering feat of its time and required a labor force of almost 40,000. (10) While the initial French efforts to build the canal were disastrous, President Theodore Roosevelt, recognizing the value of a canal, led the United States in buying the equipment and concession of the unsuccessful French effort to build the canal for $40 million, and championed the effort that overcame malaria and immense logistical problems. The Canal opened on August 15, 1914--401 years after Balboa first crossed Panama. (11) Stretching 51 miles, the Panama Canal connected the Atlantic Ocean and the Pacific Ocean, saving sailors a dangerous 8,000-mile journey around Cape Horn and through the Straits of Magellan, and cutting in half the time previously required to sail between the oceans. (12) The United States should mark the centennial of this important event in San Francisco and the monumental achievement of the opening of the Panama Canal. (13) The proceeds from the surcharge on the sale of such commemorative coins will assist in supporting the educational programs of the San Francisco Museum and Historical Society and the preservation of Theodore Roosevelt's home in Oyster Bay, New York. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 octagonal gold coins.--Not more than 50,000 $5 coins, which shall-- (A) be octagonal in shape; (B) weigh 8.359 grams; (C) have a distance between two opposing vertices of 0.850 inches; and (D) contain 90 percent gold and 10 percent alloy. (2) $5 round gold coins.--Not more than 50,000 $5 coins, which shall-- (A) be round in shape; (B) weigh 8.359 grams; (C) have a diameter of 0.850 inches; and (D) contain 90 percent gold and 10 percent alloy. (3) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (4) Half dollar clad coins.--Not more than 500,000 half dollar coins, which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins, contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be a close likeness of the two gold and one half dollar coins issued by the San Francisco Mint at the opening of the Pan-Pacific Exposition and the medal awarded to every United States citizen who worked for a continuous 2-year period on the construction of the Panama Canal. (2) Specific design requirements.-- (A) $5 gold coins.--The $5 octagonal gold coins minted under this Act and the $5 round gold coins minted under this Act shall be a close likeness of the octagonal Panama-Pacific Exposition $50 gold coin and the round Panama-Pacific Exposition $50 gold coin, respectively. Such coins-- (i) shall have an obverse depicting the head of the goddess Minerva, with a Corinthian- style helmet, enclosed in a ring of beads; (ii) with a reverse-- (I) depicting an owl perched on a pine bough complete with four pine cones and multiple sprigs of pine needles surrounded by the same ring of beads depicted on the obverse; and (II) depicting, outside this ring, the inscriptions ``PANAMA-PACIFIC EXPOSITION'' and ``SAN FRANCISCO'' in a single line of text circling the entire rim, with the words separated by dots; and (iii) with respect to the octagonal coin, such coin shall also have an obverse and reverse that depicts, in the eight angles of the vertices, eight stylized dolphins that form an outer circle. (B) $1 silver coins.--The $1 silver coins minted under this Act shall be designed-- (i) to be a close likeness, in the form of a coin, of the Roosevelt Medal-- (I) awarded to every United States citizen who worked for a continuous 2- year period on the construction of the Panama Canal; (II) issued as a result of an Executive order dated June 23, 1907, by President Theodore Roosevelt; (III) designed by artist F.D. Millet; and (IV) struck by the United States Mint in Philadelphia; (ii) with an obverse depicting the image of President Theodore Roosevelt; and (iii) with a reverse-- (I) depicting the Culebra Cut, a 9- mile, 272-foot-deep excavation through the Cordillera Mountains; (II) displaying the Canal Zone motto ``THE LAND DIVIDED, THE WORLD UNITED'' inscribed on the horizon; and (III) displaying the legend ``PRESENTED BY THE PRESIDENT OF THE UNITED STATES'' around the border, except that the Secretary may, after consultation with the Commission of Fine Arts and review by the Citizens Coinage Advisory Committee, choose to omit such legend. (C) Half dollar clad coins.--The half dollar clad coins minted under this Act shall be designed-- (i) to be a close likeness of the 1915 Panama Pacific Exposition half dollar coin; (ii) with an obverse depicting Columbia scattering flowers from a cornucopia held by a small child towards a sunset on the Golden Gate (prior to the construction of the now famous bridge), which was designed by the Mint's then- Chief Engraver, Charles Barber; and (iii) with a reverse depicting an eagle resting on the union shield with an oak branch to its left, for stability and strength, and an olive branch to its right, for peace, credited to Barber's assistant George T. Morgan, designer of the Morgan dollar. (3) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year-- (i) depicted in Roman numerals (``MMXV''), in the case of the $5 and half dollar coins; and (ii) ``2015'', in the case of the $1 coins; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2015. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) Three-quarters of the surcharges to the San Francisco Museum and Historical Society for the design and construction of appropriate exhibitions in the San Francisco Museum and Historical Society, including the necessary adaptive reuse of the Old Mint, commemorating the Panama-Pacific International Exposition, as well as the development of appropriate exhibitions at the Palace of Fine Arts on the grounds of the former Panama-Pacific International Exposition. (2) One-fourth of the surcharges to the National Park Foundation to be used for programs, construction, or preservation work at President Theodore Roosevelt's home in Oyster Bay, New York. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of each of the organizations referred to in subsection (b) as may be related to the expenditures of amounts paid under such subsection. (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

Panama-Pacific International Exposition and Panama Canal Commemorative Coins Act - Directs the Secretary of the Treasury to mint and issue, in commemoration of the centennial of the Panama-Pacific International Exposition and the Panama Canal: (1) $5 octagonal gold coins, (2) $5 round gold coins, (3) $1 silver coins, and (4) half-dollar clad coins. Requires the design of such coins to be a close likeness of the two gold and one half-dollar coins issued by the San Francisco Mint at the opening of the Pan-Pacific Exposition and the medal awarded to every U.S. citizen who worked for a continuous two-year period on the construction of the Panama Canal. Restricts the issuance of such coins to the one-year period beginning on January 1, 2015. Prescribes the sale price of the coins and coin surcharges. Requires such surcharges to be distributed to: (1) the San Francisco Museum and Historical Society for the design and construction of appropriate exhibitions in the San Francisco Museum and Historical Society; and (2) the National Park Foundation to be used for programs, construction, or preservation work at President Theodore Roosevelt's home in Oyster Bay, New York.

To require the Secretary of the Treasury to mint coins in commemoration of the centennial of the Panama-Pacific International Exposition and the Panama Canal.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Raechel and Jacqueline Houck Safe Rental Car Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Covered vehicle.--The term ``covered vehicle'' means a motor vehicle that-- (A) is rated at 26,000 pounds gross vehicle weight or less; (B) is rented or leased without a driver; and (C) is part of a motor vehicle fleet of 5 or more motor vehicles that is used for rental or lease purposes by a rental company. (2) Defect, motor vehicle, motor vehicle safety, motor vehicle safety standard.--The terms ``defect'', ``motor vehicle'', ``motor vehicle safety'', and ``motor vehicle safety standard'' have the meanings given such terms in section 30102 of title 49, United States Code. (3) Person.--The term ``person'' has the meaning given the term in section 1 of title 1, United States Code. (4) Rental company.--The term ``rental company'' means a person who-- (A) is engaged in the business of renting or leasing covered vehicles; and (B) uses for rental or lease purposes a motor vehicle fleet of 5 or more covered vehicles. SEC. 3. PROHIBITION ON RENTAL, LEASE, AND SALE OF DEFECTIVE CARS AND TRUCKS. (a) Prohibition.-- (1) In general.--Except as provided in paragraph (2), it shall be unlawful for a rental company to rent, lease, or sell a covered vehicle on or after the earlier of the date of receipt by the rental company of a notification ordered by the Secretary of Transportation under subsection (b)(2)(A) of section 30118 of title 49, United States Code, or the date on which a manufacturer gives notice to owners, purchasers, and dealers pursuant to subsection (c) of such section that the covered vehicle contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard, unless the defect or noncompliance has been remedied prior to rental, lease, or sale. (2) Exception.--Paragraph (1) shall not apply to a notification ordered by the Secretary under subsection (b)(2)(A) of such section if enforcement of the order is set aside in a civil action to which section 30121(d) of such title applies. (3) Date of receipt of a notification.--For purposes of paragraph (1), a rental company shall be considered to have received a notification described in such paragraph 5 business days following the date on which such notification was mailed. (b) Notification During Rental or Lease.--If, during a rental or lease period of a covered vehicle, a rental company receives a notification pursuant to subsection (b)(2)(A) or (c) of section 30118 of such title that the covered vehicle contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard, the rental company shall immediately-- (1) contact the renter or lessee and any authorized driver for whom the rental company has immediate contact information to inform such renter or lessee and authorized driver of the defect or noncompliance; and (2) offer to provide such renter, lessee, or authorized driver a comparable alternative vehicle, at no additional cost to the renter, lessee, or authorized driver, until the defect or noncompliance has been remedied. (c) Effective Date.--This section shall take effect on the date that is 60 days after the date of the enactment of this Act. SEC. 4. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) In General.--Violation of section 3 of this Act shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and make a part of this Act. (b) Penalties.--Any person who violates this Act or any regulation prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this Act. (c) Authority Preserved.--Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. SEC. 5. ENFORCEMENT BY STATES. (a) Right of Action.--Except as provided in subsection (e), the attorney general of a State, or other authorized State officer, alleging a violation of this Act or any regulation issued under this Act that affects or may affect such State or its residents, may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. (b) Rights of Federal Trade Commission.-- (1) Notice to federal trade commission.-- (A) In general.--Except as provided in subparagraph (C), the attorney general of a State, or other authorized State officer, shall notify the Federal Trade Commission in writing of any civil action under subsection (a), prior to initiating such civil action. (B) Contents.--The notice required by subparagraph (A) shall include a copy of the complaint to be filed to initiate such civil action. (C) Exception.--If it is not feasible for the attorney general of a State, or other authorized State officer, to provide the notice required by subparagraph (A), the State shall provide notice immediately upon instituting a civil action under subsection (a). (2) Intervention by federal trade commission.--Upon receiving notice required by paragraph (1) with respect to a civil action, the Federal Trade Commission may-- (A) intervene in such action; and (B) upon intervening-- (i) be heard on all matters arising in such civil action; and (ii) file petitions for appeal of a decision in such action. (c) Construction.--Nothing in this section shall be construed-- (1) to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or (2) to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (d) Limitation.--No separate suit shall be brought under this section if, at the time the suit is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States under this Act. SEC. 6. CONSTRUCTION. Nothing in this Act shall be construed to prohibit an individual from seeking any remedies available under any provision of Federal or State law. SEC. 7. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION REPORT ON SALES OF MOTOR VEHICLES TO RENTAL COMPANIES WITHOUT STANDARD SAFETY FEATURES. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall submit to Congress a report on all matters relating to the sales of motor vehicles to rental companies without safety features that are normally included in the sales of such motor vehicles to consumers. (b) Elements.--The report required by subsection (a) shall include the following: (1) A description of the buying practices of rental companies with respect to motor vehicles that do not include safety features that are normally included in the sale of such motor vehicles to consumers. (2) A description of the implications of such practices on the safety of consumers. (3) The recommendations of the Administrator with respect to the regulatory and legislative actions that can be taken to protect consumers with respect to such practices. SEC. 8. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION REPORT ON SALES OF MOTOR VEHICLES BY RENTAL COMPANIES KNOWN TO INCLUDE SAFETY DEFECTS BEFORE SUCH VEHICLES ARE RECALLED. (a) Initial Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall submit to Congress a report on sales of covered vehicles-- (A) by rental companies that are aware, including by notice posted on the Internet website of the Administration, such covered vehicles may contain a defect related to motor vehicle safety or may not be in compliance with an applicable motor vehicle safety standard; and (B) during the period-- (i) beginning on the date on which such rental companies become aware that such vehicles may contain such defects or may not be in compliance as described in subparagraph (A); and (ii) ending on the earlier of the date of receipt by the rental company of a notification ordered by the Secretary of Transportation under subsection (b)(2)(A) of section 30118 of title 49, United States Code, and the date on which a manufacturer gives notice to owners, purchasers, and dealers pursuant to subsection (c) of such section that such covered vehicles contain a defect related to motor vehicle safety or do not comply with an applicable motor vehicle safety standard. (2) Elements.--The report required by paragraph (1) shall include the following: (A) A description and analysis of the frequency of sales of covered vehicles described in such paragraph. (B) A discussion of the effects of such sales on consumers. (C) The recommendations of the Administrator, if any, on legislative and administrative action that should be taken to address such sales or mitigate such effects. (b) Follow-Up Report.-- (1) In general.--Not later than 1 year after the date on which the Administrator submits the report required by subsection (a)(1), the Administrator shall submit to Congress a report on the sales of covered vehicles as described in such subsection during the period beginning on the date on which the Administrator submits the report required by such subsection and ending on the date on which the report is submitted under this paragraph. (2) Elements.--The report required by paragraph (1) shall include the following: (A) A description, analysis, discussion, and recommendations as described in subsection (a)(2) but with respect to the period described in paragraph (1) of this subsection. (B) An identification and analysis of differences between the findings of the Administrator with respect to the report required by subsection (a)(1) and the findings of the Administrator with respect to subparagraph (A) of this paragraph. (C) A discussion of the effects of the provisions of this Act on the sales of covered vehicles as described in subsection (a)(1).

Raechel and Jacqueline Houck Safe Rental Car Act of 2011 - Makes it unlawful for a rental company, unless the defect or noncompliance has already been remedied, to rent, lease, or sell a covered vehicle on or after the earlier of: (1) the receipt by the company of a Secretary of Transportation (DOT) ordered notification from the manufacturer that the vehicle or equipment is defective or is noncompliant with federal motor vehicle safety standards; or (2) when the vehicle or equipment manufacturer gives notice to owners, purchasers, and dealers that the vehicle or equipment contains a defect or is noncompliant. Requires a rental company that receives a notification of a vehicle or equipment defect or noncompliance during the vehicle rental or lease period to: (1) contact the renter or lessee and any authorized driver of the covered vehicle about the defect or noncompliance; and (2) offer to provide them, at no additional cost, with a comparable alternative vehicle until the defect or noncompliance has been remedied. Treats violations of the requirements of this Act as unfair or deceptive acts or practices under the Federal Trade Commission Act. Subjects persons who violate such requirements to certain penalties. Requires the Administrator of the National Highway Traffic Safety Administration (NHTSA) to report to Congress on: (1) sales of motor vehicles to rental companies without standard safety features, and (2) sales by rental companies of covered vehicles known to include safety defects before they are recalled.

A bill to designate certain conduct by car and truck rental companies relating to motor vehicle safety defects and recalls as unfair and deceptive acts or practices to be regulated by the Federal Trade Commission, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Depleted Uranium Munitions Study Act of 2003'' . (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Study of health effects of exposure to depleted uranium. Sec. 5. EPA studies of environmental contamination by depleted uranium. Sec. 6. Environmental mitigation and cleanup requirements for depleted uranium. SEC. 2. FINDINGS. Congress finds the following: (1) The highest regard should be given to the health and safety of the members of the United States Armed Forces. (2) Depleted uranium, a toxic, carcinogenic, and radioactive material with a half-life of 4,500,000,000 years, is used as an ingredient in various munitions used by the United States Armed Forces. (3) Depleted uranium munitions were used by the United States Armed Forces in 1991 during the Persian Gulf War and during the conflicts in the former Federal Republic of Yugoslavia (Bosnia, Kosovo, Serbia, and Montenegro) during the 1990s, with approximately 300 metric tons of depleted uranium being used during the Persian Gulf War, approximately three metric tons being used in Bosnia, and approximately nine metric tons being used in Kosovo, Serbia, and Montenegro. (4) Among the characteristics of depleted uranium munitions are that-- (A) they are pyrophoric, resulting in the munition burning upon impact with a target; and (B) the impact of a depleted uranium munition on a target creates aerosol particles, which can be inhaled. (5) The United States has provided or sold depleted uranium and depleted uranium munitions to allied nations, and the armed forces of the United Kingdom used depleted uranium munitions during the Persian Gulf War. (6) Depleted uranium munitions have been used at numerous United States military installations, proving grounds, and testing facilities. (7) No definitive cause has been established for the various illnesses (commonly referred to as Gulf War Syndrome) that affect approximately 130,000 members and former members of the United States Armed Forces who served in Southwest Asia during the Persian Gulf War. (8) The Iraqi Government has claimed that depleted uranium from depleted uranium munitions is affecting the health of their people, although such claims have not been independently verified. (9) The United States Navy and the British Royal Navy are phasing out use of depleted uranium munitions, and the Canadian Navy has ceased using depleted uranium munitions. (10) It has been reported that depleted uranium munitions use has proliferated to more than 20 nations. (11) The 1949 Geneva Convention specifically outlines the precautions warring nations must take to avoid harming civilian populations, and it would be a violation of the 1977 Protocol to that Convention to cause superfluous injury or unnecessary suffering to civilians, as depleted uranium munitions may cause. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to provide for studies of-- (A) the health effects resulting from exposure to depleted uranium munitions by inhalation, ingestion, or injection; and (B) environmental contamination caused by depleted uranium at sites where depleted uranium was used in conflict, development, testing, or training and at sites where depleted uranium and depleted uranium munitions were produced; and (2) to require the cleanup and mitigation of depleted uranium contamination at sites of depleted uranium munition use and production in the United States. SEC. 4. STUDY OF HEALTH EFFECTS OF EXPOSURE TO DEPLETED URANIUM. (a) Study.--The Director of the Agency for Toxic Substances and Disease Registry and the Director of the Center for Disease Control and Prevention shall jointly conduct a comprehensive study of the health effects of exposure to depleted uranium munitions on uranium-exposed veterans and on children of uranium-exposed veterans who were born after the exposure of the uranium-exposed veterans to depleted uranium. (b) Uranium-Exposed Veterans.--In this section, the term ``uranium- exposed veteran'' means a member or former member of the United States Armed Forces who handled, came in contact with, or had the likelihood of contact with depleted uranium munitions while on active duty, including members and former members who-- (1) were exposed to smoke from fires resulting from the burning of vehicles containing depleted uranium munitions or fires at depots at which depleted uranium munitions were stored; (2) worked within environments containing depleted uranium dust or residues from depleted uranium munitions; (3) were within a structure or vehicle while it was struck by a depleted uranium munition; (4) climbed on or entered equipment or structures struck by a depleted uranium munition; or (5) were medical personnel who provided initial treatment to members of the Armed Forces described in paragraph (1), (2), (3), or (4). (c) Public Health Assessment.--The Directors also shall jointly conduct a public health assessment of persons who are thought to have an epidemiological link-- (1) to any United States military installation or facility at which depleted uranium munitions have been, or currently are, used; and (2) any production facility in the United States at which depleted uranium or depleted uranium munitions are currently, or have been, produced. (d) Report.--Not later than two years after the date of the enactment of this Act, the Directors shall submit to Congress a report on the results of the study under subsection (a) and the assessment under subsection (c). The Directors shall include in the report a list of diseases or conditions that are found to exist within the populations specified in subsection (a) and their rate of occurrence compared to the general population. SEC. 5. EPA STUDIES OF ENVIRONMENTAL CONTAMINATION BY DEPLETED URANIUM. (a) List of Depleted Uranium Sites in United States.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Administrator of the Environmental Protection Agency a list of all sites in the United States where depleted uranium munitions have been used or produced and a site-specific map of each site. (b) EPA Studies.--After receipt of the list and maps under subsection (a), the Administrator shall conduct a comprehensive environmental study of each site specified on the list evaluating the possible contamination of the soil, air, water, and vegetation by depleted uranium at that site. (c) Report.--Not later than two years after the date of the enactment of this Act, the Administrator shall submit to the Secretary of Defense and the Committee on Armed Services and the Committee on Government Reform of the House of Representatives and the Committee on Armed Services and the Committee on Governmental Affairs of the Senate a report-- (1) describing the extent of contamination by depleted uranium at each site studied by the Administrator pursuant to subsection (b); (2) providing site-specific recommendations for the mitigation and cleanup of each such site; and (3) providing general recommendations regarding the cleanup of sites where depleted uranium has been used on foreign lands. SEC. 6. ENVIRONMENTAL MITIGATION AND CLEANUP REQUIREMENTS FOR DEPLETED URANIUM. (a) Department of Defense Cleanup Plan.--Not later than one year after receiving the report required by section 5(c), the Secretary of Defense shall develop a plan for the mitigation and cleanup of depleted uranium at those sites covered by the report. The plan shall include a prioritized schedule for the mitigation and cleanup of such sites. The Secretary shall submit a copy of the plan to the Committee on Armed Services and the Committee on Government Reform of the House of Representatives and the Committee on Armed Services and the Committee on Governmental Affairs of the Senate. (b) Cleanup.--After filing the plan under subsection (a), the Secretary of Defense shall commence, directly or by contract, the mitigation and cleanup of depleted uranium at each site covered by the report required by section 5(c). The mitigation and cleanup shall be conducted in the manner and scope specified in the report. (c) Applicability of NEPA.--The cleanup and mitigation required by subsection (b) shall be carried out in a manner consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), notwithstanding any exemption to any of the provisions of that Act for the Department of Defense or any element thereof. (d) Progress Reports.--The Secretary of Defense shall submit annual progress reports to the the Administrator of the Environmental Protection Agency and the congressional committees specified in subsection (a) until the mitigation and cleanup of depleted uranium at those sites covered by the report required by section 5(c) are complete.

Depleted Uranium Munitions Study Act of 2003 - Requires the Director of the Agency for Toxic Substances and Disease Registry and the Director of the Center for Disease Control and Prevention to conduct jointly and report to Congress on: (1) a comprehensive study of the health effects of exposure to depleted uranium munitions upon uranium-exposed veterans and upon their children born after such exposure; and (2) a public health assessment of persons who are thought to have an epidemiological link to any U.S. military installation or production facility at which depleted uranium munitions have either been, or currently are being used or produced. Directs the Administrator of the Environmental Protection Agency to conduct and report to certain congressional committees on a comprehensive environmental evaluation of possible contamination of the soil, air, water, and vegetation by depleted uranium at sites listed by the Secretary of Defense where depleted uranium munitions have been used or produced. Requires the Secretary of Defense to: (1) develop and implement a plan for the mitigation and cleanup of depleted uranium at the pertinent sites; and (2) submit annual progress reports to the Administrator and such congressional committees.

To require certain studies regarding the health effects of exposure to depleted uranium munitions, to require the cleanup and mitigation of depleted uranium contamination at sites of depleted uranium munition use and production in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trafficking Awareness Training for Health Care Act of 2014''. SEC. 2. DEVELOPMENT OF BEST PRACTICES. (a) Grant for Development of Best Practices.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Administrator of the Agency for Healthcare Research and Quality, shall award, on a competitive basis, a grant to an eligible school under which such school will-- (1) not later than 6 months after receipt of the award, develop best practices for health care professionals-- (A) to recognize victims of a severe form of trafficking; and (B) to respond appropriately to such individuals; (2) in developing best practices under paragraph (1), survey, analyze, and evaluate existing best practices that foster the practice of interprofessional collaboration, including those used by industries other than the health care industry, to determine the extent to which such existing best practices may be adapted for use as part of the best practices under paragraph (1); (3) develop curricula, training modules, or materials to train health care professionals on the best practices developed under paragraph (1); (4) not later than 12 months after the receipt of the award, make a subgrant to one entity in each of the 10 administrative regions of the Department of Health and Human Services-- (A) to design, implement, and evaluate a pilot program using the best practices developed under paragraph (1) and the curricula, training modules, or materials developed under paragraph (3); (B) to conduct the pilot program at one or more eligible sites within the respective region, which may include an eligible site that is a school-based health center; and (C) to complete the implementation and evaluation of such pilot program with a period of 6 months; (5) not later than 24 months after the receipt of the award, analyze the results of the pilot programs conducted through subgrants under paragraph (4), including analyzing-- (A) changes in the acquired skills, knowledge, and attitude of health care professionals resulting from the implementation of the programs; (B) the number of victims of a severe form of trafficking who are recognized under the programs; (C) of those recognized, the number who received information or referrals for services offered through the programs; and (D) of those who received such information or referrals-- (i) the number who participated in followup services; and (ii) the type of followup services received; (6) determine, using the results of the analysis under paragraph (5), the extent to which the best practices developed under paragraph (1) are evidence-based; and (7) submit a comprehensive assessment of the pilot programs conducted through subgrants under paragraph (4) to the Secretary of Health and Human Services, including an identification of-- (A) the best practices that are determined pursuant to paragraph (6) to be evidence-based; and (B) the best practices that are determined pursuant to such paragraph to require further review in order to determine whether they are evidence-based. (b) Contents.--The best practices developed through the grant awarded under subsection (a)-- (1) shall address-- (A) indicators to recognize victims of a severe form of trafficking; (B) application of Federal and State law with respect to victims of a severe form of trafficking; (C) patient safety and security, including the requirements of HIPAA privacy and security law as applied to victims of a severe form of trafficking; (D) the management of medical records of patients who are victims of a severe form of trafficking; (E) public and private social services available for rescue, food, clothing, and shelter referrals; (F) the hotlines for reporting human trafficking maintained by the National Human Trafficking Resource Center and the Department of Homeland Security; and (G) assessment tools for the identification of victims of a severe form of trafficking; and (2) shall not address patient medical treatment. (c) Dissemination.--Not later than 24 months after the award of a grant to a school under subsection (a), the Secretary of Health and Human Services, acting through the Administrator of the Agency for Healthcare Research and Quality, shall-- (1) post on the public website of the Department of Health and Human Services the best practices that are identified by the school under subparagraphs (A) and (B) of subsection (a)(7); and (2) disseminate to health care profession schools the best practices identified by the school under subsection (a)(7)(A) and evaluation results. SEC. 3. DEFINITIONS. In this Act: (1) The term ``health care professional'' means a person employed by a health care provider who provides to patients information (including information not related to medical treatment), scheduling, services, or referrals. (2) The term ``HIPAA privacy and security law'' has the meaning given to such term in section 3009 of the Public Health Service Act (42 U.S.C. 300jj-19). (3) The term ``victim of a severe form of trafficking'' has the meaning given to such term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). (4) The term ``eligible school'' means an accredited school of medicine or nursing with experience in the study or treatment of victims of a severe form of trafficking. (5) The term ``eligible site'' means a health center that is receiving assistance under section 330, 399Z-1, or 1001 of the Public Health Service Act (42 U.S.C. 254b, 300). SEC. 4. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise available for such purpose.

Trafficking Awareness Training for Health Care Act of 2014 - Requires the Administrator of the Agency for Healthcare Research and Quality to award one medical or nursing school a grant to develop best practices for health care professionals to recognize and respond appropriately to victims of severe forms of human trafficking. Requires the grantee to: (1) develop methods or materials to train health care professionals on best practices, (2) make a subgrant to one entity in each of the 10 administrative regions of the Department of Health and Human Services (HHS) to create a pilot program to test the best practices and training, and (3) analyze the results of the pilot programs and determine which best practices are evidence-based.Directs HHS to disseminate evidence-based best practices on their website and to health care profession schools.

Trafficking Awareness Training for Health Care Act of 2014

SECTION 1. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Table of contents. TITLE I--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007 Sec. 101. Short title. Sec. 102. Findings. Sec. 103. Clarifying ban of child pornography. TITLE II--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT OF 2007 Sec. 201. Short title. Sec. 202. Money laundering predicate. Sec. 203. Knowingly accessing child pornography with the intent to view child pornography. TITLE I--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007 SEC. 101. SHORT TITLE. This title may be cited as the ``Effective Child Pornography Prosecution Act of 2007''. SEC. 102. FINDINGS. Congress finds the following: (1) Child pornography is estimated to be a multibillion dollar industry of global proportions, facilitated by the growth of the Internet. (2) Data has shown that 83 percent of child pornography possessors had images of children younger than 12 years old, 39 percent had images of children younger than 6 years old, and 19 percent had images of children younger than 3 years old. (3) Child pornography is a permanent record of a child's abuse and the distribution of child pornography images revictimizes the child each time the image is viewed. (4) Child pornography is readily available through virtually every Internet technology, including Web sites, email, instant messaging, Internet Relay Chat, newsgroups, bulletin boards, and peer-to-peer. (5) The technological ease, lack of expense, and anonymity in obtaining and distributing child pornography over the Internet has resulted in an explosion in the multijurisdictional distribution of child pornography. (6) The Internet is well recognized as a method of distributing goods and services across State lines. (7) The transmission of child pornography using the Internet constitutes transportation in interstate commerce. SEC. 103. CLARIFYING BAN OF CHILD PORNOGRAPHY. (a) In General.--Chapter 110 of title 18, United States Code, is amended-- (1) in section 2251-- (A) in each of subsections (a), (b), and (d), by inserting ``using any means or facility of interstate or foreign commerce or'' after ``be transported''; (B) in each of subsections (a) and (b), by inserting ``using any means or facility of interstate or foreign commerce or'' after ``been transported''; (C) in subsection (c), by striking ``computer'' each place that term appears and inserting ``using any means or facility of interstate or foreign commerce''; and (D) in subsection (d), by inserting ``using any means or facility of interstate or foreign commerce or'' after ``is transported''; (2) in section 2251A(c), by inserting ``using any means or facility of interstate or foreign commerce or'' after ``or transported''; (3) in section 2252(a)-- (A) in paragraph (1), by inserting ``using any means or facility of interstate or foreign commerce or'' after ``ships''; (B) in paragraph (2)-- (i) by inserting ``using any means or facility of interstate or foreign commerce or'' after ``distributes, any visual depiction''; and (ii) by inserting ``using any means or facility of interstate or foreign commerce or'' after ``depiction for distribution''; (C) in paragraph (3)-- (i) by inserting ``using any means or facility of interstate or foreign commerce'' after ``so shipped or transported''; and (ii) by striking ``by any means,''; and (D) in paragraph (4), by inserting ``using any means or facility of interstate or foreign commerce or'' after ``has been shipped or transported''; and (4) in section 2252A(a)-- (A) in paragraph (1), by inserting ``using any means or facility of interstate or foreign commerce or'' after ``ships''; (B) in paragraph (2), by inserting ``using any means or facility of interstate or foreign commerce'' after ``mailed, or'' each place it appears; (C) in paragraph (3), by inserting ``using any means or facility of interstate or foreign commerce or'' after ``mails, or'' each place it appears; (D) in each of paragraphs (4) and (5), by inserting ``using any means or facility of interstate or foreign commerce or'' after ``has been mailed, or shipped or transported''; and (E) in paragraph (6), by inserting ``using any means or facility of interstate or foreign commerce or'' after ``has been mailed, shipped, or transported''. (b) Affecting Interstate Commerce.--Chapter 110 of title 18, United States Code, is amended in each of sections 2251, 2251A, 2252, and 2252A, by striking ``in interstate'' each place it appears and inserting ``in or affecting interstate''. (c) Certain Activities Relating to Material Involving the Sexual Exploitation of Minors.--Section 2252(a)(3)(B) of title 18, United States Code, is amended by inserting ``, shipped, or transported using any means or facility of interstate or foreign commerce'' after ``that has been mailed''. (d) Certain Activities Relating to Material Constituting or Containing Child Pornography.--Section 2252A(a)(6)(C) of title 18, United States Code, is amended by striking ``or by transmitting'' and all that follows through ``by computer,'' and inserting ``or any means or facility of interstate or foreign commerce,''. TITLE II--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT OF 2007 SEC. 201. SHORT TITLE. This title may be cited as the ``Enhancing the Effective Prosecution of Child Pornography Act of 2007''. SEC. 202. MONEY LAUNDERING PREDICATE. Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting ``section 2252A (relating to child pornography) where the child pornography contains a visual depiction of an actual minor engaging in sexually explicit conduct, section 2260 (production of certain child pornography for importation into the United States),'' before ``section 2280''. SEC. 203. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE INTENT TO VIEW CHILD PORNOGRAPHY. (a) Materials Involving Sexual Exploitation of Minors.--Section 2252(a)(4) of title 18, United States Code, is amended-- (1) in subparagraph (A), by inserting ``, or knowingly accesses with intent to view,'' after ``possesses''; and (2) in subparagraph (B), by inserting ``, or knowingly accesses with intent to view,'' after ``possesses''. (b) Materials Constituting or Containing Child Pornography.-- Section 2252A(a)(5) of title 18, United States Code, is amended-- (1) in subparagraph (A), by inserting ``, or knowingly accesses with intent to view,'' after ``possesses''; and (2) in subparagraph (B), by inserting ``, or knowingly accesses with intent to view,'' after ``possesses''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Title I: Effective Child Pornography Prosecution Act of 2007 - Effective Child Pornography Prosecution Act of 2007 - Amends the federal criminal code to expand the jurisdictional basis for prosecutions of sexual exploitation of children, selling or buying of children, or child pornography crimes to include activities that use any means or facility of interstate or foreign commerce to complete such crimes. Title II: Enhancing the Effective Prosecution of Child Pornography Act of 2007 - Enhancing the Effective Prosecution of Child Pornography Act of 2007 - Amends the federal criminal code to: (1) include child pornography that contains a visual depiction of an actual minor engaging in sexually explicit conduct and the production of such pornography for importation into the United States as predicate crimes for money laundering prosecutions; and (2) define "possess" with respect to crimes of child sexual exploitation and child pornography to include accessing by computer visual depictions of child pornography with the intent to view.

To amend title 18, United States Code, to provide for more effective prosecution of cases involving child pornography, and for other purposes.

SECTION 1. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES. Section 304 of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 534) is amended to read as follows: ``SEC. 304. TERMINATION BY LESSEES OF RESIDENTIAL OR MOTOR VEHICLE LEASES ENTERED INTO BEFORE MILITARY SERVICE OR BEFORE PERMANENT CHANGE OF STATION OR DEPLOYMENT ORDERS. ``(a) Termination by Lessee.--The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after-- ``(1) the lessee's entry into military service; or ``(2) the date of the lessee's military orders described in paragraph (1)(B) or (2)(B) of subsection (b), as the case may be. ``(b) Covered Leases.--This section applies to the following leases: ``(1) Leases of premises.--A lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember's dependents for a residential, professional, business, agricultural, or similar purpose if-- ``(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service; or ``(B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit for a period of not less than 90 days. ``(2) Leases of motor vehicles.--A lease of a motor vehicle used, or intended to be used, by a servicemember or a servicemember's dependents for personal or business transportation if-- ``(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service under a call or order specifying a period of not less than 180 days (or who enters military service under a call or order specifying a period of 180 days or less and who, without a break in service, receives orders extending the period of military service to a period of not less than 180 days); or ``(B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station outside of the continental United States or to deploy with a military unit for a period of not less than 180 days. ``(c) Manner of Termination.-- ``(1) In general.--Termination of a lease under subsection (a) is made-- ``(A) by delivery by the lessee of written notice of such termination to the lessor (or the lessor's grantee), or to the lessor's agent (or the agent's grantee); and ``(B) in the case of a lease of a motor vehicle, by return of the motor vehicle by the lessee to the lessor not later than 10 days after the date of the delivery of notice under subparagraph (A). ``(2) Nature of notice.--Delivery of notice under paragraph (1)(A) may be accomplished-- ``(A) by hand delivery; ``(B) by private business carrier; or ``(C) by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the lessor (or the lessor's grantee) or to the lessor's agent (or the agent's grantee), and depositing the written notice in the United States mails. ``(d) Effective Date of Lease Termination.-- ``(1) Lease of premises.--In the case of a lease described in subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subsection (b)(1), termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered. ``(2) Lease of motor vehicles.--In the case of a lease described in subsection (b)(2), termination of the lease under subsection (a) is effective on the day on which the requirements of subsection (c) are met for such termination. ``(e) Arrearages and Other Obligations and Liabilities.--Rents or lease amounts unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. In the case of the lease of a motor vehicle, the lessor may not impose an early termination charge, but any taxes, summonses, and title and registration fees and any other obligation and liability of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, use and mileage, that are due and unpaid at the time of termination of the lease shall be paid by the lessee. ``(f) Rent Paid in Advance.--Rents or lease amounts paid in advance for a period after the effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the lessor's assignee or the assignee's agent). ``(g) Relief to Lessor.--Upon application by the lessor to a court before the termination date provided in the written notice, relief granted by this section to a servicemember may be modified as justice and equity require. ``(h) Penalties.-- ``(1) Misdemeanor.--Any person who knowingly seizes, holds, or detains the personal effects, security deposit, or other property of a servicemember or a servicemember's dependent who lawfully terminates a lease covered by this section, or who knowingly interferes with the removal of such property from premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. ``(2) Preservation of other remedies.--The remedy and rights provided under this section are in addition to and do not preclude any remedy for wrongful conversion otherwise available under law to the person claiming relief under this section, including any award for consequential or punitive damages.''.

Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to allow a lessee to terminate a residential or motor vehicle lease which was entered into before military service or before receiving permanent change of station or deployment orders at any time after: (1) entry into military service; or (2) the date of the lessee's station or deployment orders. (Currently, a lessee may terminate only a residential lease and only after entry into military service.)

To amend the Soldiers' and Sailors' Civil Relief Act of 1940 to provide protections to servicemembers who terminate motor vehicle or residential leases entered into before permanent change of station or deployment orders or motor vehicle leases entered into before military service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Victims Emergency Shelter Act of 2005''. SEC. 2. AVAILABILITY OF HUD INVENTORY PROPERTIES. (a) In General.--Notwithstanding any other provision of law, the Secretary of Housing and Urban Development shall make covered properties available for occupancy by eligible families, as provided in this section. (b) 6-Month Reservation for Use Only by Eligible Families.-- (1) Requirement to offer only to eligible families.--During the 6-month period beginning on the date of the enactment of this Act, the Secretary may not dispose of any covered property under any provision of law other than this Act and may not offer, or enter into any agreement for disposition of, a covered property under any other such provision. (2) Request and occupancy.--If, during the period referred to in paragraph (1), an eligible family makes a request, in such form as the Secretary may require, to occupy a covered property, the Secretary shall, in accordance with the selection criteria established pursuant to subsection (d), make the covered property available to the eligible family for occupancy in accordance with the terms under subsection (e). (c) Continued Availability.-- (1) Availability for eligible families.--During the 18- month period that begins upon the conclusion of the period under subsection (b)(1), the Secretary shall offer each covered property for occupancy by affected families, but, except as provided in paragraph (2) of this subsection, may dispose of covered properties under other applicable provisions of law and may offer and enter into agreements for disposition of covered properties under such other provisions. (2) Request and occupancy.--If, during the period referred to in paragraph (1), an eligible family makes a request, in such form as the Secretary may require, to occupy a covered property for which the Secretary has not entered into any agreement for disposition under any other provision of law, the Secretary shall, in accordance with the selection criteria established pursuant to subsection (d), make the covered property available to the eligible family for occupancy in accordance with the terms under subsection (e). (d) Selection Criteria.--The Secretary shall establish criteria to select an eligible family to occupy a covered property for which more than one family has submitted such a request. Such criteria shall provide preference for eligible families having incomes not exceeding the median income for the area in which the primary residence of the family referred to in subsection (g)(2) was located. (e) Occupancy Terms.--Occupancy in a covered property pursuant to this section shall be subject to the following terms: (1) 5-years rent-free.--The eligible family may reside in the property under the terms of a lease (or renewable leases) which shall provide for rent-free occupancy, but which in no case may extend beyond the expiration of the 5-year period beginning upon initial occupancy of the property by the family. (2) Option to purchase.--At any time during the occupancy of a covered property by an eligible family pursuant to paragraph (1), the eligible family may purchase the property from the Secretary at price equal to the lesser of-- (A) the fair market value of the property as of the time of initial occupancy by such family, as determined by the Secretary, or (B) the fair market value of the property as of the time of such purchase, as determined by the Secretary, less the cost of any repairs or improvements made by the family during occupancy of the property. The Secretary shall periodically inform each eligible family occupying a covered property of the availability of the property for purchase under this paragraph. (f) Outreach.--The Secretary shall take such actions as may be appropriate to inform eligible families of the availability of covered properties pursuant to this section. (g) Definitions.--For purposes of this section, the following definitions shall apply: (1) Covered property.--The term ``covered property'' means any property that-- (A) is designed as a dwelling for occupancy by one to four families; (B) was previously subject to a mortgage insured under the National Housing Act; and (C) is owned by the Secretary pursuant to the payment of insurance benefits under such Act. (2) Eligible family.--The term ``eligible family'' means a person or household whose primary residence, as of August 29, 2005-- (A) was located in an area within which the President declared, under the Robert T. Stafford Disaster Assistance and Emergency Relief Act, a major disaster to have occurred pursuant to Hurricane Katrina; and (B) was, as a result of Hurricane Katrina, destroyed or damaged to such an extent that the residence is not habitable. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development.

Hurricane Katrina Victims Emergency Shelter Act of 2005 - Directs the Secretary of Housing and Urban Development (HUD) to make single family properties held by HUD pursuant to foreclosure under the Federal Housing Administration (FHA) mortgage insurance program available to a person or family whose primary residence as of August 29, 2005, was in a disaster-designated area pursuant to Hurricane Katrina and was destroyed or otherwise made inhabitable. Provides: (1) that for the first six months after enactment of this Act the Secretary may not dispose of such properties except to an eligible family; (2) that for the 18 months following such six month period the Secretary shall make such properties that are not under a disposition agreement available to eligible families; (3) for five-year rent free occupancy, with an option to purchase; and (4) program outreach activities. Directs the Secretary to establish selection criteria for a property for which more than one family has submitted a request, with preference for families having incomes not exceeding the median income for the area in which the family's primary residence was located.

To require the Secretary of Housing and Urban Development to make single family properties held by the Department pursuant to foreclosure under the FHA mortgage insurance program available for occupancy by families displaced by Hurricane Katrina.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civilian Technology Corporation Act of 1993''. SEC. 2. ESTABLISHMENT OF CORPORATION. (a) In General.--There shall be established a Civilian Technology Corporation. The Corporation shall be operated for the purpose of providing financial support for precommercial research and development into technologies that are significant to the technology base of the United States. (b) Corporation not an Establishment of the United States.--The Corporation shall not be an agency or establishment of the United States. (c) Privacy Act.--Notwithstanding subsection (b), the Corporation shall be treated as an agency for the purposes of section 552a of title 5, United States Code. SEC. 3. INCORPORATION. The board of directors of the Corporation first appointed shall be the incorporators and shall take all necessary actions to establish the Corporation, including the filing of articles of incorporation. SEC. 4. DIRECTORS, OFFICERS, AND EMPLOYEES. (a) Board of Directors.-- (1) Appointment and number.--The Corporation shall have a Board consisting of 9 individuals appointed by the President with the advice and consent of the Senate. (2) Qualifications.--The directors of the Corporation shall have the following qualifications: (A) Not more than 5 directors shall be members of the same political party. (B) The directors shall have technical, business, or scientific expertise in civil research and development or expertise in the area of economics. (C) Each director shall be a United States Citizen. (3) No conflict of interest.--A director may not participate in the deliberations on, or vote on, a matter regarding an application, claim, or other matter pending before the Corporation, if, to his knowledge, he, his spouse, minor child, parent, sibling, partner, or organization, other than the Corporation, in which he is serving as an officer, director, trustee, partner, or employee, or any person with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest in the matter. A director who violates this paragraph shall be subject to removal from the Board, but such a violation shall not impair, nullify, or otherwise affect the validity of any otherwise lawful action by the Corporation in which such director participated. (4) Compensation.--The compensation of the Board shall be determined by the President with the advice and consent of the Senate. (5) Terms and vacancies.--Members of the Board shall serve terms of 5 years, and may serve a maximum of two terms. Any vacancy in the membership of the Board shall be filled in the manner set forth in paragraph (1). (6) No federal employees.--An individual who is a member of the Congress, or an officer or employee of the United States, may not serve on the Board. (7) Chairperson and vice-chairperson.--The Chairperson and Vice-Chairperson of the Board shall be selected by the President. The position of Chairperson shall be a full-time position and the individual who serves as Chairperson may not serve in any other salaried position. (8) Bylaws.--The Board is empowered to adopt and amend bylaws governing the operation of the Corporation. Such bylaws shall not be inconsistent with the provisions of this Act or the articles of incorporation of the Corporation. (b) Officers and Employees.-- (1) Appointment.--The Board shall appoint a chief executive officer, who shall have the authority to appoint such other officers and employees as he deems necessary to carry out the provisions of this Act and the functions of the Corporation. (2) Qualifications.--Officers and employees of the Corporation shall have technical, business, or administrative expertise in civil research and development or expertise in the area of economics. (3) No conflict of interest.--An officer or employee may not participate in a matter regarding an application, claim, or other matter pending before the Corporation, if, to his knowledge, he, his spouse, minor child, partner, or organization, other than the Corporation, in which he is serving as an officer, director, trustee, partner, or employee, or any person with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest in the matter. An officer or employee who violates this paragraph shall be subject to termination, but such a violation shall not impair, nullify, or otherwise affect the validity of any otherwise lawful action by the Corporation in which such officer or employee participated. (4) Compensation.--The rates of compensation for all officers and employees shall be fixed by the chief executive officer. (5) Tenure.--Officers and employees shall serve at the pleasure of the Board. SEC. 5. GENERAL POWERS. The Corporation shall have the power to do the following: (1) Have succession in the name of the Corporation. (2) Adopt, alter, and use a corporate seal. (3) Sue and be sued in the name of the Corporation. (4) Make and carry out contracts. (5) Exercise such other incidental powers not inconsistent with this Act that are necessary or appropriate to carry out the purposes and functions of the Corporation, including the usual powers conferred upon a corporation by the District of Columbia Business Corporation Act. SEC. 6. CIVILIAN TECHNOLOGY DEVELOPMENT FUND. (a) Establishment of Fund.--There is established in the Treasury of the United States the Civilian Technology Development Fund. The Fund shall be administered by the Corporation in order to carry out the purposes of this Act. The Fund shall consist of the amounts appropriated under subsection (b). (b) Authorization of Appropriation.--There is authorized to be appropriated $5,000,000,000 to be deposited into the Fund and to remain available until expended. (c) Expenditures From the Fund.-- (1) In general.--Amounts in the Fund shall be made available without fiscal year limitation to the Corporation for the purposes of providing financial support, through direct investment, loans, licenses, equity positions, and joint venture partnerships, to United States based consortia, private United States businesses with promising research agendas, and educational institutions participating in joint research projects with private United States businesses, for precommercial research and development in technologies that are significant to the technology base of the United States. In providing such financial support, the Corporation shall-- (A) invest in areas where the social rate of return is expected to be high but where individual firms or consortia are unlikely to invest because the economic rate of return is expected to be low; (B) invest in precommercial areas where the social rate of return on investments is expected to be higher than the expected rate of return in the private sector, including research and development projects that appear to have the potential to enhance productivity and long- term economic growth; (C) invest exclusively in projects that were initiated by industry and that include industry participation; and (D) except as provided in paragraph (2)(B), invest in a project only if the Corporation shall be obligated to contribute not more than 50 percent of the cost of such project. (2) Board approval.-- (A) In general.--No expenditures shall be made under this subsection unless approved by a majority vote of the Board following a consideration of the factors referred to in paragraph (1). (B) Increased contribution.--Notwithstanding paragraph (1)(D), the Corporation may contribute more than 50 percent of the cost of a project if the Board approves such a contribution by a two-thirds vote. (d) Investment of Excess Funds.--If the Corporation determines that the amount of money in the Fund exceeds the current requirements of the Corporation, the Corporation may direct the Secretary of the Treasury to invest such amounts as the Corporation deems advisable, for such period as the Corporation directs, in obligations of the United States, in obligations guaranteed by the United States Government, or in such other obligations or securities of the United States as the Secretary of the Treasury deems appropriate. SEC. 7. CONSULTATION WITH FEDERAL AGENCIES AND DEPARTMENTS, AND WITH PRIVATE PARTIES. (a) Consultation With Federal Agencies.--In carrying out this Act, the Board and the Corporation shall consult frequently with the following Federal agencies and departments: the Office of Management and Budget, the Department of Energy, the Department of Defense, the National Science Foundation, and the Office of Science and Technology Policy. (b) Consultation With Private Parties.--In carrying out this Act, the Board and the Corporation shall solicit comments from private parties, including representatives of both industry and labor organizations. SEC. 8. REVIEW OF CORPORATION BY BLUE RIBBON PANEL. (a) Appointment of Panel.--Not later than 90 days after the President and the Congress have received the report under section 10(b), the President, the Senate, and the House of Representatives shall jointly appoint a panel to carry out the review referred to in subsection (b). The President shall appoint 3 members of the panel, the Senate shall appoint 3 members of the panel, and the House of Representatives shall appoint 3 members of the panel. (b) Review by Panel.--Not later than 9 years after the date of enactment of this Act, the panel shall conduct a review of the performance of the Corporation to determine whether the Corporation-- (1) has had an overall positive effect on the ability of the ability of United States industry to commercialize and adopt new technologies; (2) has invested in projects that exhibited a high potential social rate of return if successful; (3) has elicited strong, continuing support in the private sector, particularly as reflected in the willingness of firms to fund cooperative research and development projects carried out under the sponsorship of the Corporation; and (4) should be terminated. (c) Report.--Upon completion of the review referred to in subsection (b), the panel shall submit a report to the President, the Congress, and the Corporation. If the panel determines that the Corporation should be terminated, the report shall include a recommended termination date. SEC. 9. AUDIT BY COMPTROLLER GENERAL. The Comptroller General of the United States is authorized to audit the financial transactions of the Corporation, including the operations of the Fund. For the purposes of carrying out such an audit, the Comptroller General shall have access to all books, records, and property belonging to, or in the possession of, the Corporation or a person or entity which has entered into a financial relationship with the Corporation, which pertain to the Corporation and which are necessary to carry out the audit. The Comptroller General shall make a report of each such audit to the Congress and the President. SEC. 10. REPORTS. (a) Initial Report.--The Corporation shall, after the completion of the 4th year after the date of enactment of this Act, submit a report to the President and the Congress concerning the activities of the Corporation in carrying out the purposes of this Act. Such report shall include a description of the activities, expenditures, and investments of the Corporation, an analysis of the social rate of return of projects in which the Corporation participated, and projections of future activities, expenditures, and investments. (b) Prereview Report.--The Corporation shall, not later than 8 years after the date of enactment of this Act, submit a report to the President and the Congress. Such report shall contain the type of information referred to in subsection (a). SEC. 11. ADMINISTRATION. (a) Hearings.--The Board may hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and publish or otherwise distribute so much of its proceedings and reports as it may deem advisable. (b) Office Space and Equipment.--The Board may acquire, furnish, and equip such office space as it determines necessary. (c) Mails.--The Board is authorized to use the United States mails in the same manner and upon the same conditions as Federal departments and agencies. (d) Necessary Expenses.--The Board may incur such necessary expenses and exercise such powers as are consistent and reasonably required to perform its functions. (e) Records.--To the extent permitted by law, all appropriate records and papers of the Board shall be made available for public inspection. (f) Aid From Federal Agencies.--Upon the request of the Board, the head of a Federal department or agency is authorized to-- (1) furnish to the Board such information as the Board deems necessary for carrying out its functions and as is available to the agency; and (2) detail for temporary duty, on a reimbursable basis, such personnel as the Board deems necessary to carry out its functions. (g) Meetings.-- (1) Number.--The Board shall meet quarterly each year, and may meet additional times at the call of the Chairperson. (2) Quorum.--A majority of the members of the Board shall constitute a quorum. (3) Open to public.--All meetings of the Board held to conduct official business of the Corporation shall be open to the public following reasonable public notice, except that the Board may close a meeting to the public if the Board determines by a majority vote, at a meeting open to the public, that it is necessary to close such meeting. SEC. 12. MISCELLANEOUS PROVISIONS. (a) Jurisdiction.-- (1) In general.--Whenever the Corporation is a party to any civil action under this Act, such action shall be deemed to arise under the laws of the United States. No attachment or execution may be issued against the Corporation, or any property thereof, prior to entry of final judgment. (2) Citizenship of corporation.--The Corporation shall be deemed to be a citizen only of the District of Columbia for the purpose of determining the original jurisdiction of the district courts of the United States in civil actions to which the Corporation is a party. (b) District of Columbia Laws Relating to Leases and Contracts.-- Leases and contracts entered into by the Corporation, regardless of the place where such leases or contracts may be executed, shall be governed by the laws of the District of Columbia. (c) Business Activity and Qualification; District of Columbia as Principal Office and Place of Business for Process.--The Corporation shall be deemed to be qualified to do business in each State in which it performs any activity authorized under this Act. The Corporation shall accept service of process addressed by certified mail to the secretary of the Corporation at its principal office and place of business in Washington, District of Columbia. SEC. 13. DEFINITIONS. For purposes of this Act: (1) The term ``Board'' means the board of directors of the Civilian Technology Corporation. (2) The term ``Corporation'' means the Civilian Technology Corporation established under sections 2 and 3. (3) The term ``Fund'' means the Civilian Technology Development Fund established by section 6. (4) The term ``panel'' means the panel established by section 8.

Civilian Technology Corporation Act of 1993 - Establishes the Civilian Technology Corporation to finance precommercial research and development technologies that are significant to the U.S. technology base. Establishes in the Treasury the Civilian Technology Development Fund. Directs the President, the Senate, and the House of Representatives to jointly appoint a Corporation review panel which shall report to the President, the Congress, and the Corporation upon completion of its review.

Civilian Technology Corporation Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Evaluation Parity for Servicemembers Act of 2014'' or the ``MEPS Act''. SEC. 2. PRELIMINARY MENTAL HEALTH ASSESSMENTS FOR INDIVIDUALS BECOMING MEMBERS OF THE ARMED FORCES. (a) In General.--Chapter 31 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 520d. Preliminary mental health assessments ``(a) Provision of Mental Health Assessment.--Before any individual enlists in an armed force or is commissioned as an officer in an armed force, the Secretary concerned shall provide the individual with a mental health assessment. The Secretary shall use such results as a baseline for any subsequent mental health examinations, including such examinations provided under sections 1074f and 1074m of this title. ``(b) Use of Assessment.--The Secretary may not consider the results of a mental health assessment conducted under subsection (a) in determining the assignment or promotion of a member of the armed forces. ``(c) Application of Privacy Laws.--With respect to applicable laws and regulations relating to the privacy of information, the Secretary shall treat a mental health assessment conducted under subsection (a) in the same manner as the medical records of a member of the armed forces.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 520c the following new item: ``520d. Preliminary mental health assessments.''. (c) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the National Institute of Mental Health of the National Institutes of Health shall submit to Congress and the Secretary of Defense a report on preliminary mental health assessments of members of the Armed Forces. (2) Matters included.--The report under paragraph (1) shall include the following: (A) Recommendations with respect to establishing a preliminary mental health assessment of members of the Armed Forces to bring mental health screenings to parity with physical screenings of members. (B) Recommendations with respect to the composition of the mental health assessment, best practices, and how to track assessment changes relating to traumatic brain injuries, post-traumatic stress disorder, and other conditions. (3) Coordination.--The National Institute of Mental Health shall carry out paragraph (1) in coordination with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Director of the Centers for Disease Control and Prevention, the surgeons general of the military departments, and other relevant experts. SEC. 3. PHYSICAL EXAMINATIONS AND MENTAL HEALTH SCREENINGS FOR CERTAIN MEMBERS UNDERGOING SEPARATION FROM THE ARMED FORCES WHO ARE NOT OTHERWISE ELIGIBLE FOR SUCH EXAMINATIONS. (a) In General.--The Secretary of the military department concerned shall provide a comprehensive physical examination (including a screening for Traumatic Brain Injury) and a mental health screening to each member of the Armed Forces who, after a period of active duty of more than 180 days, is undergoing separation from the Armed Forces and is not otherwise provided such an examination or screening in connection with such separation from the Department of Defense or the Department of Veterans Affairs. (b) No Right to Health Care Benefits.--The provision of a physical examination or mental health screening to a member under subsection (a) shall not, by itself, be used to determine the eligibility of the member for any health care benefits from the Department of Defense or the Department of Veterans Affairs. (c) Funding.--Funds for the provision of physical examinations and mental health screenings under this section shall be derived from funds otherwise authorized to be appropriated for the military department concerned for the provision of health care to members of the Armed Forces. SEC. 4. REPORT ON CAPACITY OF DEPARTMENT OF DEFENSE TO PROVIDE ELECTRONIC COPY OF MEMBER SERVICE TREATMENT RECORDS TO MEMBERS SEPARATING FROM THE ARMED FORCES. (a) Report Required.--Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth an assessment of the capacity of the Department of Defense to provide each member of the Armed Forces who is undergoing separation from the Armed Forces an electronic copy of the member's service treatment record at the time of separation. (b) Matters Relating to the National Guard.--The assessment under subsection (a) with regards to members of the National Guard shall include an assessment of the capacity of the Department to ensure that the electronic copy of a member's service treatment record includes health records maintained by each State or territory in which the member served.

Medical Evaluation Parity for Servicemembers Act of 2014 or the MEPS Act - Directs the Secretary of the military department concerned to: (1) provide an individual with a mental health assessment before such individual enlists, or is commissioned as an officer, in the Armed Forces; and (2) use assessment results as a baseline for any subsequent mental health examination. Prohibits such Secretary from considering the results of such assessment in determining the assignment or promotion of a member of the Armed Forces. Requires the National Institute of Mental Health of the National Institutes of Health (NIH) to submit to Congress and the Secretary of Defense (DOD) a report on preliminary mental health assessments of members, including recommendations regarding: (1) establishing such an assessment to bring mental health screenings to parity with physical screenings of members; and (2) the composition of the assessment, best practices, and how to track assessment changes relating to traumatic brain injuries, post-traumatic stress disorder, and other conditions. Requires the Secretary concerned to provide a comprehensive physical examination and a mental health screening to each member who, after a period of active duty of more than 180 days, is undergoing separation from the Armed Forces and is not otherwise provided such examination or screening in connection with such separation from either DOD or the Department of Veterans Affairs (VA). Directs the Secretary of Defense to submit to Congress an assessment of DOD's capacity to provide each member who is undergoing separation an electronic copy of the member's service treatment record at the time of separation.

MEPS Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tuberculosis Prevention and Control Amendments of 1995''. SEC. 2. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION. (a) Provision of Services for Prevention, Control, and Elimination.-- (1) In general.--Section 317E of the Public Health Service Act (42 U.S.C. 247b-6), as added by section 301 of Public Law 103-183 (107 Stat. 2233), is amended in subsection (g)(1)(A)-- (A) by striking ``and'' after ``1994,''; and (B) by striking ``for each'' and all that follows and inserting the following: ``for fiscal year 1995, $385,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000.''. (2) Authority for emergency grants.--Section 317E(g)(1)(B) of the Public Health Service Act (42 U.S.C. 247b-6(g)(1)(B)) is amended by striking ``$50,000,000'' and inserting ``$85,000,000''. (3) Bulk purchases.-- (A) Subject to subparagraph (B), in addition to the authorization of appropriations established in section 317E(g)(1)(A) of the Public Health Service Act for grants for the prevention, control, and elimination of tuberculosis, there are authorized to be appropriated for such grants $80,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000. (B) Amounts appropriated under subparagraph (A) shall be administered by the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. For purposes of the program of grants referred to in such subparagraph, such amounts are available for making bulk purchases of medications and other supplies with respect to tuberculosis. (4) Other purposes.--Section 317E(a) of the Public Health Service Act (42 U.S.C. 247b-6(a)) is amended by adding at the end the following sentence: ``The purposes for which such grants may be expended include services with respect to incarceration.''. (b) Research, Demonstration Projects, Education, and Training.-- Section 317E(g)(2) of the Public Health Service Act (42 U.S.C. 247b- 6(g)(2)) is amended by striking ``1994'' and all that follows and inserting the following: ``1994 and 1995, $80,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000.''. (c) Training Centers Regarding Health Professionals.-- (1) In general.--The Secretary of Health and Human Services (in this subsection referred to as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, may make grants to public and nonprofit private entities for the establishment and operation of not more than 5 centers to train health professionals with respect to the prevention and control of tuberculosis, including training in identifying multi-drug resistant forms of such disease. (2) Screenings; other health services.--The purposes for which the Secretary may authorize an entity to expend a grant under paragraph (1) include screening individuals for tuberculosis, providing treatment for such disease, and referring individuals for services. (3) Facilities and equipment.--The purposes for which the Secretary may authorize an entity to expend a grant under paragraph (1) include providing for facilities and equipment for the center under such paragraph. (4) Quality of laboratories.--The Secretary may make a grant under paragraph (1) only if the entity involved provides assurances satisfactory to the Secretary that the laboratories of the center under such paragraph will have the facilities and equipment to provide sophisticated training to health professionals with respect to tuberculosis. (5) Application for grant.--The Secretary may make a grant under paragraph (1) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this subsection. (6) Amount and duration of grant.-- (A) The Secretary may not make a grant under paragraph (1) for a fiscal year in an amount exceeding $5,000,000. (B) The period during which payments are made to an entity from a grant under paragraph (1) may not exceed 3 years. The provision of such payments shall be subject to annual approval by the Secretary of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments. (7) Evaluations; dissemination of information.--The Secretary shall, directly or through contracts with public or private entities, provide for evaluations of centers operated pursuant to paragraph (1) and for the dissemination of information developed as a result of the centers. (8) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated $25,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000. SEC. 3. RESEARCH THROUGH NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES. (a) Technical Correction.--Subpart 6 of part C of title IV of the Public Health Service Act (42 U.S.C. 285f et seq.), as amended by section 302 of Public Law 103-183 (107 Stat. 2235), is amended-- (1) by transferring the first section 447 (added by such section 302) from the current placement of the section; (2) by redesignating the section as section 447A; and (3) by inserting the section after section 447. (b) Research.--Section 447A of the Public Health Service Act, as transferred and redesignated by subsection (a) of this section, is amended in the first sentence of subsection (b)-- (1) by striking ``and'' after ``1994,''; and (2) by striking ``for each'' and all that follows and inserting the following: ``for fiscal year 1995, $75,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000.''. SEC. 4. CONSTRUCTION OR MODERNIZATION OF HEALTH FACILITIES. Section 1610 of the Public Health Service Act (42 U.S.C. 300r) is amended by adding at the end the following subsection: ``(c)(1) With respect to services for the prevention, control, and elimination of tuberculosis, the Secretary may make grants to public and nonprofit private entities for projects for (A) construction or modernization of outpatient medical facilities which are located apart from hospitals and which will provide such services for medically underserved populations, (B) conversion of existing facilities into outpatient medical facilities or facilities for long-term care to provide such services for such populations, (C) renovation of inpatient facilities, (D) construction or renovation of facilities to provide such services with respect to incarceration. ``(2) The amount of any grant under paragraph (1) may not exceed 80 percent of the cost of the project for which the grant is made unless the project is located in an area determined by the Secretary to be an urban or rural poverty area, in which case the grant may cover up to 100 percent of such costs. ``(3) There are authorized to be appropriated for grants under paragraph (1) $100,000,000 for fiscal year 1995, $250,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000.''.

Tuberculosis Prevention and Control Amendments of 1995 - Amends the Public Health Service Act to authorize appropriations for grants for the prevention, control, and elimination of tuberculosis. Includes services regarding incarceration in the purposes for which the grants may be expended. Increases the amount authorized to be reserved for emergency grants for geographic areas with high numbers or substantial increases in the number of cases. Authorizes appropriations for grants for bulk purchases of medications and other supplies regarding tuberculosis. Authorizes appropriations for expenditures (directly or through grants) for research, demonstration projects, public information and education, education of health professionals, support of centers, and collaboration with international organizations and foreign countries. Authorizes grants for the establishment and operation of not more than five centers to train health professionals regarding tuberculosis, including regarding screening and referral and provision of facilities and equipment. Mandates, directly or through contracts, evaluation of the centers. Authorizes appropriations. Authorizes appropriations for conducting or supporting research and research training on tuberculosis. Authorizes grants for: (1) construction or modernization of outpatient medical facilities located apart from hospitals and providing services for medically underserved populations; (2) conversion of existing facilities into outpatient medical facilities or long-term care facilities for such populations; (3) renovation of inpatient facilities; and (4) construction or renovation of facilities to provide services regarding incarceration. Authorizes appropriations.

Tuberculosis Prevention and Control Amendments of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Tribal Surface Transportation Act of 2001''. SEC. 2. AMENDMENTS RELATING TO INDIAN TRIBES. (a) Obligation Limitation.--Section 1102(c)(1) of the Transportation Equity Act for the 21st Century (23 U.S.C. 104 note) is amended-- (1) by striking ``Code, and'' and inserting ``Code,''; and (2) by inserting before the semicolon the following: ``, and for each of fiscal years 2002 and 2003, amounts authorized for Indian reservation roads under section 204 of title 23, United States Code''. (b) Pilot Program.--Section 202(d)(3) of title 23, United States Code, is amended by adding at the end the following: ``(C) Federal lands highway program demonstration project.-- ``(i) In general.--The Secretary shall establish a demonstration project under which all funds made available under this title for Indian reservation roads and for highway bridges located on Indian reservation roads as provided for in subparagraph (A), shall be made available, upon request of the Indian tribal government involved, to the Indian tribal government for contracts and agreements for the planning, research, engineering, and construction described in such subparagraph in accordance with the Indian Self-Determination and Education Assistance Act. ``(ii) Exclusion of agency participation.-- In accordance with subparagraph (B), all funds for Indian reservation roads and for highway bridges located on Indian reservation roads to which clause (i) applies, shall be paid without regard to the organizational level at which the Federal lands highway program has previously carried out the programs, functions, services, or activities involved. ``(iii) Selection of participating tribes.-- ``(I) Participants.-- ``(aa) In general.--The Secretary shall select 12 geographically diverse Indian tribes in each fiscal year from the applicant pool described in subclause (II) to participate in the demonstration project carried out under clause (i). ``(bb) Consortia.--Two or more Indian tribes that are otherwise eligible to participate in a program or activity to which this title applies may form a consortium to be considered as a single tribe for purposes of becoming part of the applicant pool under subclause (II). ``(cc) Funding.--An Indian tribe participating in the pilot program under this subparagraph shall receive funding in an amount equivalent to the funding that such tribe would otherwise receive pursuant to the funding formula established under section 1115(b) of the Transportation Equity Act for the 21st Century, plus an additional percentage of such amount, such additional percentage to be equivalent to the percentage of funds withheld during the fiscal year involved for the road program management costs of the Bureau of Indian Affairs under section 202(f)(1) of title 23, United States Code. ``(II) Applicant pool.--The applicant pool described in this subclause shall consist of each Indian tribe (or consortium) that-- ``(aa) has successfully completed the planning phase described in subclause (III); ``(bb) has requested participation in the demonstration project under this subparagraph through the adoption of a resolution or other official action by the tribal governing body; and ``(cc) has, during the 3- fiscal year period immediately preceding the fiscal year for which participation under this subparagraph is being requested, demonstrated financial stability and financial management capability through a showing of no material audit exceptions by the Indian tribe during such period. ``(III) Criteria for determining financial stability and financial management capacity.--For purposes of this subparagraph, evidence that, during the 3-year period referred to in subclause (II)(cc), an Indian tribe had no uncorrected significant and material audit exceptions in the required annual audit of the Indian tribe's self- determination contracts or self- governance funding agreements with any Federal agency shall be conclusive evidence of the required stability and capability. ``(IV) Planning phase.--An Indian tribe (or consortium) requesting participation in the project under this subparagraph shall complete a planning phase that shall include legal and budgetary research and internal tribal government and organization preparation. The tribe (or consortium) shall be eligible to receive a grant under this subclause to plan and negotiate participation in such project.''. (c) Administration.--Section 202 of title 23, United States Code, is amended by adding at the end thereof the following: ``(f) Indian Reservation Roads, Administration.-- ``(1) In general.--Notwithstanding any other provision of law, not to exceed 6 percent of the contract authority amounts made available from the Highway Trust Fund to the Bureau of Indian Affairs shall be used to pay the administrative expenses of the Bureau for the Indian reservation roads program and the administrative expenses related to individual projects that are associated with such program. Such administrative funds shall be made available to an Indian tribal government, upon the request of the government, to be used for the associated administrative functions assumed by the Indian tribe under contracts and agreements entered into pursuant to the Indian Self-Determination and Education Assistance Act. ``(2) Health and safety assurances.--Notwithstanding any other provision of law, an Indian tribe or tribal organization may commence road and bridge construction under the Transportation Equity Act for the 21st Century (25 U.S.C. 104) that is funded through a contract or agreement under the Indian Self-Determination and Education Assistance Act so long as the Indian tribe or tribal organization has-- ``(A) provided assurances in the contract or agreement that the construction will meet or exceed proper health and safety standards; ``(B) obtained the advance review of the plans and specifications from a licensed professional who has certified that the plans and specifications meet or exceed the proper health and safety standards; and ``(C) provided a copy of the certification under subparagraph (B) to the Bureau of Indian Affairs. ``(g) Indian Reservation Roads Program, Safety Incentive Grants.-- ``(1) Seat belt safety incentive grant eligibility.-- Notwithstanding any other provision of law, an Indian tribe that is eligible to participate in the Indian reservation roads program under subsection (d) shall be deemed to be a State for purposes of being eligible for safety incentive allocations under section 157 to assist Indian communities in developing innovative programs to promote increased seat belt use rates. ``(2) Intoxicated driver safety incentive grant eligibility.--Notwithstanding any other provision of law, an Indian tribe that is eligible to participate in the Indian reservation roads program under subsection (d) shall be deemed to be a State for purposes of being eligible for safety incentive grant funding under section 163 to assist Indian communities in the prevention of the operation of motor vehicles by intoxicated persons. ``(3) Grant funding procedures and eligibility criteria.-- The Secretary, in consultation with Indian tribal governments, may develop funding procedures and eligibility criteria applicable to Indian tribes with respect to allocations or grants described in paragraphs (1) and (2). The Secretary shall ensure that any such procedures or criteria are published annually in the Federal Register.''.

Indian Tribal Surface Transportation Act of 2001 - Amends the Transportation Equity Act for the 21st Century (TEA-21) to prohibit the Secretary of Transportation from distributing the obligation authority for Federal-aid highway and highway safety construction programs for FY 2002 and 2003 with respect to amounts authorized for Indian reservation roads under the Federal Lands Highways Program.Directs the Secretary of Transportation to establish a demonstration project under which all funds made available for Indian reservation roads and highway bridges located on such roads shall be made available to an Indian tribal government, upon its request, for contracts and agreements for planning, research, engineering, and construction of any highway, road, bridge, parkway, or transit facility that provides access to or is located within the reservation or community of the Indian tribe.Deems an Indian tribe eligible to participate in the Indian reservation roads program to be a State eligible for: (1) safety incentive allocations to assist Indian communities in developing innovative programs to promote increased seat belt use rates; and (2) safety incentive grant funding to assist such communities in the prevention of the operation of motor vehicles by intoxicated persons.

A bill to amend the Transportation Equity Act for the 21st Century to make certain amendments with respect to Indian tribes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lance Corporal Josef Lopez Fairness for Servicemembers Harmed by Vaccines Act of 2009''. SEC. 2. TRAUMATIC SERVICEMEMBERS' GROUP LIFE INSURANCE COVERAGE FOR ADVERSE REACTIONS TO VACCINATIONS ADMINISTERED BY DEPARTMENT OF DEFENSE. (a) Findings.--Congress makes the following findings: (1) Section 1032 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-13), which was enacted on May 11, 2005, established the Traumatic Servicemember's Group Life Insurance program by adding section 1980A to title 38, United States Code. (2) The Traumatic Servicemember's Group Life Insurance program was established to provide members of the Armed Forces who suffer a loss as a direct result of traumatic injury with short-term monetary assistance to mitigate the economic burden on such members and their families. The families of such members often incur financial hardships because they relocate to be with such members as they undergo long and difficult treatment and rehabilitation periods. (3) The Secretary of Veterans Affairs is the executive agent for the Traumatic Servicemember's Group Life Insurance benefit and has established policies and procedures for dispensing the benefit based on the Secretary's interpretation of section 1980A of title 38, United States Code. (4) The Department of Veterans Affairs Insurance Center has implemented a policy that does not extend the Traumatic Servicemember's Group Life Insurance benefit to those members of the Armed Forces who sustain a life altering and permanent disability caused by an adverse reaction to a vaccine administered by the Department of Defense as a component of accessions, training, or pre-deployment preparations for duty in a combat or imminent danger zone. (5) There are multiple documented cases of members of the Armed Forces suffering severe, adverse reactions to vaccinations administered by the Department of Defense. Such adverse reactions include the traumatic injuries of coma, amputation, paralysis, and loss of the activities of daily living (ADL). All such adverse reactions are covered under existing Traumatic Servicemember's Group Life Insurance program guidelines. (6) Lance Corporal Josef Lopez is a Marine from Springfield, Missouri, who, in September 2006, was administered a smallpox vaccination by the Department of Defense just prior to a deployment to Iraq. One week after his arrival in Iraq, Lance Corporal Lopez suffered complete paralysis, a coma, and the loss of two activities of daily living, all of which were subsequently diagnosed as resulting from a rare adverse reaction to the smallpox vaccine. (7) Lance Corporal Lopez was medically evacuated from Iraq to Landstuhl, Germany, and ultimately to the National Naval Medical Center at Bethesda, Maryland, where he remained for six weeks. Lance Corporal Lopez later endured multiple hospitalizations and physical therapy treatments in his native Missouri. (8) Lance Corporal Lopez was wheelchair-bound for one year and now walks with a permanent limp, is unable to stand for long periods, and must use a urine collection bag because he has no control over his bladder. Daily, Lance Corporal Lopez must take prescription medications to control spasms in his legs and bladder. These injuries and issues are a result of Lance Corporal Lopez's adverse reaction to the smallpox vaccine described in paragraph (6). (9) Lance Corporal Lopez was medically retired from the Marine Corps on June 30, 2009. (10) During the course of the treatment that Lance Corporal Lopez received for the adverse reaction described in paragraph (6), he and his family endured substantial hardship. His mother spent extensive periods at Lance Corporal Lopez's side during his initial treatment and she had to make expensive modifications to her home to accommodate Lance Corporal Lopez's wheelchair. (11) Lance Corporal Lopez's mother represents the very finest attributes of love and loyalty to her heroic son to whom she has provided care and assistance. Such care and assistance is critical for the healing of injured members of the Armed Forces like Lance Corporal Lopez. The provision of such care and assistance by family members is encouraged and recognized by the Armed Forces, by healthcare providers, and by the Congress as highly valuable for the care of injured members of the Armed Forces. (12) Lance Corporal Lopez applied for Traumatic Servicemember's Group Life Insurance benefits because his injuries resulted in qualifying losses under the Traumatic Servicemember's Group Life Insurance program, including coma, paralysis, and loss of activities of daily living. Under the Traumatic Servicemember's Group Life Insurance program as in effect on the day before the date of the enactment of this Act, Lance Corporal Lopez and his family would have received $75,000 in associated benefits if his claim was accepted. However, his claim was denied because the current policy of the Department of Veterans Affairs Insurance Center prohibits extending Traumatic Servicemember's Group Life Insurance benefits to those who have adverse reactions to vaccinations administered by the Department of Defense to facilitate military service in combat theaters. (13) Lance Corporal Lopez and his family endured undue financial hardship in the time immediately following his traumatic injuries and during his recovery process. They were not able to mitigate the financial challenges they faced with assistance from the Traumatic Servicemember's Group Life Insurance program, which was created to provide assistance to families of members of the Armed Forces when facing the challenges of traumatic events precisely like that experienced by Lance Corporal Lopez. (14) The policy of the Department of Veterans Affairs in effect on the day before the date of the enactment of this Act that denies Traumatic Servicemember's Group Life Insurance benefits to members of the Armed Forces who experience traumatic injuries as a result of being administered vaccines consequent to their preparation to serve the United States in combat is inconsistent with the intent of the Traumatic Servicemember's Group Life Insurance program, as enacted by Congress. (b) Traumatic Servicemembers' Group Life Insurance Coverage.-- Section 1980A(b)(3) of title 38, United States Code, is amended-- (1) by striking ``The Secretary'' and inserting ``(A) Except as provided in subparagraph (B), the Secretary''; and (2) by adding at the end the following new subparagraph: ``(B) The Secretary shall not exclude under subparagraph (A) a qualifying loss experienced by a member as a result of an adverse reaction to a vaccination administered by the Department of Defense, whether voluntarily or involuntarily, for the purposes of military accession, training, or deployment.''. (c) Effective Date.--The amendments made by subsection (b) shall take effect as if included in the provisions of and amendments made by section 1032 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 257).

Lance Corporal Josef Lopez Fairness for Servicemembers Harmed by Vaccines Act of 2009 - Prohibits the Secretary of Veterans Affairs (VA) from excluding from coverage under traumatic injury provisions with respect to the Servicemember's Group life Insurance program a member suffering a qualifying loss resulting from an adverse reaction to a vaccination administered by the Department of Defense (DOD), whether voluntarily or involuntarily, for purposes of military accession, training, or deployment. Makes such amendment retroactive to the establishment of such coverage under the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005.

A bill to amend title 38, United States Code, to provide coverage under Traumatic Servicemembers' Group Life Insurance for adverse reactions to vaccinations administered by the Department of Defense, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Soldiers Accountability Act of 2008''. SEC. 2. ACCOUNTABILITY FOR THE RECRUITMENT AND USE OF CHILD SOLDIERS. (a) Crime for Recruiting or Using Child Soldiers.-- (1) In general.--Chapter 118 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2442. Recruitment or use of child soldiers ``(a) Offense.--Whoever knowingly-- ``(1) recruits, enlists, or conscripts a person to serve while such person is under 15 years of age in an armed force or group; or ``(2) uses a person under 15 years of age to participate actively in hostilities; knowing such person is under 15 years of age, shall be punished as provided in subsection (b). ``(b) Penalty.--Whoever violates, or attempts or conspires to violate, subsection (a) shall be fined under this title or imprisoned not more than 20 years, or both and, if death of any person results, shall be fined under this title and imprisoned for any term of years or for life. ``(c) Jurisdiction.--There is jurisdiction over an offense described in subsection (a), and any attempt or conspiracy to commit such offense, if-- ``(1) the alleged offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of such Act (8 U.S.C. 1101(a)(20)); ``(2) the alleged offender is a stateless person whose habitual residence is in the United States; ``(3) the alleged offender is present in the United States, irrespective of the nationality of the alleged offender; or ``(4) the offense occurs in whole or in part within the United States. ``(d) Definitions.--In this section: ``(1) Participate actively in hostilities.--The term `participate actively in hostilities' means taking part in-- ``(A) combat or military activities related to combat, including sabotage and serving as a decoy, a courier, or at a military checkpoint; or ``(B) direct support functions related to combat, including transporting supplies or providing other services. ``(2) Armed force or group.--The term `armed force or group' means any army, militia, or other military organization, whether or not it is state-sponsored, excluding any group assembled solely for nonviolent political association.''. (2) Statute of limitations.--Chapter 213 of title 18, United States Code is amended by adding at the end the following: ``Sec. 3300. Recruitment or use of child soldiers ``No person may be prosecuted, tried, or punished for a violation of section 2442 unless the indictment or the information is filed not later than 10 years after the commission of the offense.''. (3) Clerical amendment.--Title 18, United States Code, is amended-- (A) in the table of sections for chapter 118, by adding at the end the following: ``2442. Recruitment or use of child soldiers.''; and (B) in the table of sections for chapter 213, by adding at the end the following: ``3300. Recruitment or use of child soldiers.''. (b) Ground of Inadmissibility for Recruiting or Using Child Soldiers.--Section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended by adding at the end the following: ``(G) Recruitment or use of child soldiers.--Any alien who has engaged in the recruitment or use of child soldiers in violation of section 2442 of title 18, United States Code, is inadmissible.''. (c) Ground of Removability for Recruiting or Using Child Soldiers.--Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end the following: ``(F) Recruitment or use of child soldiers.--Any alien who has engaged in the recruitment or use of child soldiers in violation of section 2442 of title 18, United States Code, is deportable.''. (d) Asylum and Withholding of Removal.-- (1) Issuance of regulations.--Not later than 60 days after the date of enactment of this Act, the Attorney General and the Secretary of Homeland Security shall promulgate final regulations establishing that, for purposes of sections 241(b)(3)(B)(iii) and 208(b)(2)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)(iii); 8 U.S.C. 1158(b)(2)(A)(iii)), an alien who is deportable under section 237(a)(4)(F) of such Act (8 U.S.C. 1227(a)(4)(F)) or inadmissible under section 212(a)(3)(G) of such Act (8 U.S.C. 1182(a)(3)(G)) shall be considered an alien with respect to whom there are serious reasons to believe that the alien committed a serious nonpolitical crime. (2) Authority to waive certain regulatory requirements.--The requirements of chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act''), chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), or any other law relating to rulemaking, information collection, or publication in the Federal Register, shall not apply to any action to implement paragraph (1) to the extent the Attorney General or the Secretary Homeland of Security determines that compliance with any such requirement would impede the expeditious implementation of such paragraph. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Child Soldiers Accountability Act of 2008- Amends the federal criminal code to impose a fine and/or 20-year prison term for knowingly recruiting, enlisting, or conscripting a person under 15 years of age into an armed force or group (other than a group assembled solely for nonviolent political association) or using such person to participate actively in combat hostilities, or attempting or conspiring to do so, knowing such person is under 15 years of age. Imposes a life sentence if the death of any person results from a violation of this Act. Provides for: (1) expanded jurisdiction for prosecuting U.S. nationals and resident aliens who violate this Act; and (2) a 10-year limitation period for prosecuting violations. Amends the Immigration and Nationality Act to render any alien who has recruited or used child soldiers inadmissible or deportable. Directs the Attorney General and the Secretary of Homeland Security to promulgate final regulations to deny asylum or withholding of removal to aliens who are either inadmissible to the United States or deportable for recruiting or using child soldiers.

A bill to prohibit the recruitment or use of child soldiers, to designate persons who recruit or use child soldiers as inadmissible aliens, to allow the deportation of persons who recruit or use child soldiers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guardsmen and Reservists Financial Relief Act of 2005''. SEC. 2. PENALTY-FREE WITHDRAWALS FROM RETIREMENT PLANS FOR INDIVIDUALS CALLED TO ACTIVE DUTY FOR AT LEAST 179 DAYS. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new subparagraph: ``(G) Distributions from retirement plans to individuals called to active duty.-- ``(i) In general.--Any qualified reservist distribution. ``(ii) Amount distributed may be repaid.-- Any individual who receives a qualified reservist distribution may, at any time during the 2-year period beginning on the day after the end of the active duty period, make one or more contributions to an individual retirement plan of such individual in an aggregate amount not to exceed the amount of such distribution. The dollar limitations otherwise applicable to contributions to individual retirement plans shall not apply to any contribution made pursuant to the preceding sentence. No deduction shall be allowed for any contribution pursuant to this clause. ``(iii) Qualified reservist distribution.-- For purposes of this subparagraph, the term `qualified reservist distribution' means any distribution to an individual if-- ``(I) such distribution is from an individual retirement plan, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii), ``(II) such individual was (by reason of being a member of a reserve component (as defined in section 101 of title 37, United States Code)), ordered or called to active duty for a period in excess of 179 days or for an indefinite period, and ``(III) such distribution is made during the period beginning on the date of such order or call and ending at the close of the active duty period. ``(iv) Application of subparagraph.--This subparagraph applies to individuals ordered or called to active duty after September 11, 2001, and before September 12, 2007. In no event shall the 2-year period referred to in clause (ii) end before the date which is 2-years after the date of the enactment of this subparagraph.''. (b) Conforming Amendments.-- (1) Section 401(k)(2)(B)(i) of such Code is amended by striking ``or'' at the end of subclause (III), by striking ``and'' at the end of subclause (IV) and inserting ``or'', and by inserting after subclause (IV) the following new subclause: ``(V) the date on which a period referred to in section 72(t)(2)(G)(iii)(III) begins, and''. (2) Section 403(b)(7)(A)(ii) of such Code is amended by inserting ``unless such amount is a distribution to which section 72(t)(2)(G) applies or'' after ``distributee''. (3) Section 403(b)(11) of such Code is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by inserting after subparagraph (B) the following new subparagraph: ``(C) for distributions to which section 72(t)(2)(G) applies.''. (c) Effective Date; Waiver of Limitations.-- (1) Effective date.--The amendment made by this section shall apply to distributions after September 11, 2001. (2) Waiver of limitations.--If refund or credit of any overpayment of tax resulting from the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period.

Guardsmen and Reservists Financial Relief Act of 2005 - Amends the Internal Revenue Code to exempt from the ten percent penalty on early distributions from tax-exempt retirement plans, withdrawals made by military reservists or national guardsmen called to active duty for a period in excess of 179 days or for an indefinite period. Permits reimbursement of such withdrawals within two years after the end of the active duty period. Applies the provisions of this Act to individuals ordered or called to active duty after September 11, 2001, and before September 12, 2007, for retirement plan distributions made after September 11, 2001.

To amend the Internal Revenue Code of 1986 to allow penalty-free withdrawals from retirement plans during the period that a military reservist or national guardsman is called to active duty for an extended period, and for other purposes.

SECTION 1. CERTAIN ENTRIES OF EDUCATIONAL TOYS ENTERED IN JULY 17 THROUGH OCTOBER 30, 2004. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Bureau of Customs and Border Protection within 180 days after the date of the enactment of this Act, the Bureau of Customs and Border Protection shall liquidate or reliquidate each entry described in subsection (c) as duty free. (b) Refund of Amounts Owed.--Any amounts owed by the United States pursuant to a request for liquidation or reliquidation of an entry under subsection (a) shall be paid with interest not later than 180 days after the date on which the request is made. (c) Affected Entries.--The entries referred to in subsection (a) are as follows: Entry number Date of entry 442-1802572-2........................ 07/18/04 442-1803331-2........................ 07/20/04 442-1803174-6........................ 07/21/04 442-1804156-2........................ 07/23/04 442-1803489-8........................ 07/24/04 442-1804516-7........................ 07/25/04 442-1804749-4........................ 07/27/04 442-1804638-9........................ 07/27/04 442-1805027-4........................ 07/29/04 442-1805377-3........................ 07/30/04 442-1805763-4........................ 07/30/04 442-1805828-5........................ 08/01/04 442-1805824-4........................ 08/01/04 442-1805841-8........................ 08/02/04 442-2141021-8........................ 08/02/04 442-1806261-8........................ 08/05/04 442-1806455-6........................ 08/05/04 442-1806970-4........................ 08/08/04 442-1806964-7........................ 08/08/04 442-1807049-6........................ 08/09/04 442-1807234-4........................ 08/11/04 442-1806849-0........................ 08/12/04 442-1807715-2........................ 08/15/04 442-1807718-6........................ 08/15/04 442-1807719-4........................ 08/15/04 442-1808430-7........................ 08/16/04 442-1808431-5........................ 08/17/04 442-1808546-0........................ 08/17/04 442-1808351-5........................ 08/19/04 442-1808353-1........................ 08/19/04 442-1808695-5........................ 08/19/04 442-1808356-4........................ 08/20/04 442-1808550-2........................ 08/21/04 442-1808554-4........................ 08/21/04 442-1809042-9........................ 08/24/04 442-1810838-7........................ 08/28/04 442-1810808-0........................ 08/28/04 442-1810378-4........................ 08/29/04 442-2142883-0........................ 08/29/04 442-1810398-2........................ 08/30/04 442-1811010-2........................ 08/30/04 442-1811059-9........................ 08/31/04 442-1811069-8........................ 08/31/04 442-1811089-6........................ 08/31/04 442-2142933-3........................ 08/31/04 442-1811103-5........................ 09/02/04 442-1811109-2........................ 09/02/04 442-1811373-4........................ 09/03/04 442-1811385-8........................ 09/05/04 442-1811387-4........................ 09/05/04 442-1812156-2........................ 09/07/04 442-1812882-3........................ 09/09/04 442-1813208-0........................ 09/09/04 442-1812515-9........................ 09/10/04 442-1812519-1........................ 09/10/04 442-1812908-6........................ 09/10/04 442-1812503-5........................ 09/11/04 442-1812915-1........................ 09/12/04 442-1813363-3........................ 09/13/04 442-1813418-5........................ 09/13/04 442-1813424-3........................ 09/13/04 442-1813443-3........................ 09/13/04 442-1814365-7........................ 09/16/04 442-1814543-9........................ 09/16/04 442-1813803-8........................ 09/18/04 442-1813794-9........................ 09/19/04 442-2144028-0........................ 09/20/04 442-1814723-7........................ 09/21/04 442-1814738-5........................ 09/21/04 442-1815510-7........................ 09/24/04 442-1815995-0........................ 09/27/04 442-1816074-3........................ 09/27/04 442-1816213-7........................ 09/27/04 442-1816216-0........................ 09/27/04 442-2144616-2........................ 09/28/04 442-1816835-7........................ 10/02/04 442-1816939-7........................ 10/04/04 442-1817475-1........................ 10/05/04 442-1818437-0........................ 10/12/04 442-1818441-2........................ 10/12/04 442-1819501-2........................ 10/17/04 442-1819196-1........................ 10/18/04 442-1819203-5........................ 10/18/04 442-1819215-9........................ 10/18/04 442-1820673-6........................ 10/22/04 442-1820683-5........................ 10/22/04 442-1820695-9........................ 10/22/04 442-6202213-8........................ 10/23/04 442-6202206-2........................ 10/23/04 442-6202216-1........................ 10/24/04 442-1821145-4........................ 10/26/04 442-1821825-1........................ 10/30/04

Directs the Bureau of Customs and Border Protection to liquidate or reliquidate certain entries of educational toys and refund any amounts owed.

A bill to provide for the liquidation or reliquidation of certain entries of educational toys entered in July 17 through October 30, 2004.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Project SeaHawk Implementation Act of 2006''. SEC. 2. ESTABLISHMENT OF ADDITIONAL INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of Homeland Security, acting through the Commandant of the Coast Guard, shall establish or designate a center as an interagency operational center for maritime and port security in each geographic region designated as a Coast Guard sector by the Commandant. (b) Purposes.--The purposes of each center established or designated under subsection (a) are to facilitate day-to-day operational coordination, interagency cooperation, unity of command, and the sharing of intelligence information in a common mission to provide greater protection for port and intermodal transportation systems against acts of terrorism. (c) Location.--Each center established or designated under subsection (a) shall be co-located with the command center for each geographic region designated as a Coast Guard sector. (d) Connectivity.--If a port is associated with a command center that is not located at such port, the Secretary shall utilize appropriate electronic communications, including virtual connectivity, to maintain awareness of activities of that port and to provide for participation by the entities set out in subsection (f). (e) Requirements.--Each center established or designated under subsection (a) shall-- (1) be modeled on the Charleston Harbor Operations Center (popularly known as Project SeaHawk) administered by the United States Attorney's Office for the District of South Carolina for the Port of Charleston located in Charleston, South Carolina; and (2) be adapted to meet the security needs, requirements, and resources of the individual port area at which each is operating. (f) Participation.--The representatives of the following entities shall participate in each center established or designated under subsection (a): (1) The United States Coast Guard. (2) The United States Attorney's Office in the district in which the center is located. (3) The Bureau of Customs and Border Protection of the Department of Homeland Security. (4) The Bureau of Immigration and Customs Enforcement of the Department of Homeland Security. (5) The Department of Defense, if the Secretary of Homeland Security and the Secretary of Defense determine appropriate. (6) The Federal Bureau of Investigation. (7) Other Federal agencies with a presence at the port, as appropriate, or as otherwise determined appropriate by the Secretary. (8) State and local law enforcement and first responder agencies responsible for the port, as appropriate, or as otherwise determined appropriate by the Secretary. (9) Port authority representatives, maritime exchanges, private sector stakeholders, and other entities subject to an Area Maritime Security Plan prepared pursuant to part 103 of title 33, Code of Federal Regulations, if determined appropriate by the Secretary. (g) Responsibilities.--The head of each center established or designated under subsection (a) shall-- (1) assist, as appropriate, in the implementation of maritime transportation security plans developed under section 70103 of title 46, United States Code; (2) implement the transportation security incident response plans required under section 70104 of such title; (3) be incorporated into the implementation of maritime intelligence activities under section 70113 of such title; (4) conduct short- and long-range vessel tracking under sections 70114 and 70115 of such title; (5) be incorporated into the implementation of section 70116 of such title; (6) carry out information sharing activities consistent with such activities required by section 1016 of the National Security Intelligence Reform Act of 2004 (6 U.S.C. 485) or the Homeland Security Information Sharing Act (6 U.S.C. 481 et seq.); (7) be incorporated into the screening and high-risk cargo inspection programs carried out by the Bureau of Customs and Border Protection; and (8) carry out such other responsibilities that the Secretary of Homeland Security determines are appropriate. SEC. 3. REPORT. (a) Requirement.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, and Committee on Commerce, Science, and Transportation of the Senate and the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Energy and Commerce of the House of Representatives a plan for the implementation of this Act. (b) Contents.--The report submitted under subsection (a) shall describe, for each center that will be established under section 2(a)-- (1) the location of such center; (2) the entities who will participate in the center; (3) the cost to establish and operate the center; and (4) the resources necessary to operate and maintain, including the cost-sharing requirements for other agencies and participants. SEC. 4. RELATIONSHIP TO OTHER REQUIREMENTS. The Commandant of the Coast Guard shall utilize information developed for the report required by section 807 of the Coast Guard and Maritime Transportation Act of 2004 (Public Law 108-293; 118 Stat. 1082) to carry out the requirements of this Act. The Commandant shall utilize the information developed for the report required by that section in carrying out the requirements of this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for each Coast Guard sector for fiscal years 2007 through 2012 to carry out this Act.

Project SeaHawk Implementation Act of 2006 - Directs the Secretary of Homeland Security, acting through the Commandant of the Coast Guard, to establish or designate an interagency operational center for maritime and port security in each region designated by the Commandant as a Coast Guard sector. Declares that the purpose of each center is to facilitate day-to-day operational coordination, interagency cooperation, unity of command, and the sharing of intelligence information in a common mission to provide greater protection for port and intermodal transportation systems against acts of terrorism. Sets forth certain center requirements, including that each center be modeled on the Charleston Harbor Operations Center (popularly known as Project SeaHawk) administered by the U.S. Attorney's Office for the District of South Carolina for the Port of Charleston located in Charleston, South Carolina. Requires the head of each center to: (1) assist in the implementation of maritime transportation security plans and transportation security incident response plans; (2) conduct short- and long-range vessel tracking and other maritime intelligence activities; and (3) be incorporated into the screening and high-risk cargo inspection programs carried out by the Bureau of Customs and Border Protection.

A bill to improve maritime and cargo security and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Civilian Workforce Realignment Act of 2000''. SEC. 2. EXTENSION OF AUTHORITY FOR VOLUNTARY SEPARATIONS IN REDUCTIONS IN FORCE. Section 3502(f)(5) of title 5, United States Code, is amended by striking ``September 30, 2001'' and inserting ``September 30, 2005''. SEC. 3. EXTENSION, REVISION, AND EXPANSION OF AUTHORITIES FOR USE OF VOLUNTARY SEPARATION INCENTIVE PAY AND VOLUNTARY EARLY RETIREMENT. (a) Extension of Authority.--Subsection (e) of section 5597 of title 5, United States Code, is amended by striking ``September 30, 2003'' and inserting ``September 30, 2005''. (b) Revision and Addition of Purposes for Department of Defense VSIP.--Subsection (b) of such section is amended by inserting after ``transfer of function,'' the following: ``restructuring of the workforce (to meet mission needs, to achieve one or more strength reductions, to correct skill imbalances, or to reduce the number of high-grade, managerial, or supervisory positions),''. (c) Installment Payments.--Subsection (d) of such section is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) shall be paid in a lump-sum or in installments;''; (2) by striking ``and'' at the end of paragraph (3); (3) by striking the period at the end of paragraph (4) and inserting ``; and''; and (4) by adding at the end the following: ``(5) if paid in installments, shall cease to be paid upon the recipient's acceptance of employment by the Federal Government as described in subsection (g)(1).''. SEC. 4. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY EARLY RETIREMENT AUTHORITY. (a) Civil Service Retirement System.--Section 8336 of title 5, United States Code, is amended-- (1) in subsection (d)(2), by inserting ``except in the case of an employee described in subsection (o)(1),'' after ``(2)''; and (2) by adding at the end the following: ``(o)(1) An employee of the Department of Defense who, before October 1, 2005, is separated from the service after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an immediate annuity under this subchapter if the employee is eligible for the annuity under paragraph (2) or (3). ``(2)(A) An employee referred to in paragraph (1) is eligible for an immediate annuity under this paragraph if the employee-- ``(i) is separated from the service involuntarily other than for cause; and ``(ii) has not declined a reasonable offer of another position in the Department of Defense for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee's grade (or pay level), and which is within the employee's commuting area. ``(B) For the purposes of paragraph (2)(A)(i), a separation for failure to accept a directed reassignment to a position outside the commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function may not be considered to be a removal for cause. ``(3) An employee referred to in paragraph (1) is eligible for an immediate annuity under this paragraph if the employee satisfies all of the following conditions: ``(A) The employee is separated from the service voluntarily during a period in which the organization within the Department of Defense in which the employee is serving is undergoing a major organizational adjustment, as determined by the Secretary of Defense. ``(B) The employee has been employed continuously by the Department of Defense for more than 30 days before the date on which the head of the employee's organization requests the determinations required under subparagraph (A). ``(C) The employee is serving under an appointment that is not limited by time. ``(D) The employee is not in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance. ``(E) The employee is within the scope of an offer of voluntary early retirement, as defined on the basis of one or more of the following objective criteria: ``(i) One or more organizational units. ``(ii) One or more occupational groups, series, or levels. ``(iii) One or more geographical locations. ``(iv) Any other similar criteria that the Secretary of Defense determines appropriate. ``(4) The determinations necessary for establishing the eligibility of a person for an immediate annuity under paragraph (2) or (3) shall be made in accordance with regulations prescribed by the Secretary of Defense. ``(5) In this subsection, the term `major organizational adjustment' means any of the following: ``(A) A major reorganization. ``(B) A major reduction in force. ``(C) A major transfer of function. ``(D) A workforce restructuring-- ``(i) to meet mission needs; ``(ii) to achieve one or more reductions in strength; ``(iii) to correct skill imbalances; or ``(iv) to reduce the number of high-grade, managerial, supervisory, or similar positions.''. (b) Federal Employees' Retirement System.--Section 8414 of such title is amended-- (1) in subsection (b)(1)(B), by inserting ``except in the case of an employee described in subsection (d)(1),'' after ``(B)''; and (2) by adding at the end the following: ``(d)(1) An employee of the Department of Defense who, before October 1, 2005, is separated from the service after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an immediate annuity under this subchapter if the employee is eligible for the annuity under paragraph (2) or (3). ``(2)(A) An employee referred to in paragraph (1) is eligible for an immediate annuity under this paragraph if the employee-- ``(i) is separated from the service involuntarily other than for cause; and ``(ii) has not declined a reasonable offer of another position in the Department of Defense for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee's grade (or pay level), and which is within the employee's commuting area. ``(B) For the purposes of paragraph (2)(A)(i), a separation for failure to accept a directed reassignment to a position outside the commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function may not be considered to be a removal for cause. ``(3) An employee referred to in paragraph (1) is eligible for an immediate annuity under this paragraph if the employee satisfies all of the following conditions: ``(A) The employee is separated from the service voluntarily during a period in which the organization within the Department of Defense in which the employee is serving is undergoing a major organizational adjustment, as determined by the Secretary of Defense. ``(B) The employee has been employed continuously by the Department of Defense for more than 30 days before the date on which the head of the employee's organization requests the determinations required under subparagraph (A). ``(C) The employee is serving under an appointment that is not limited by time. ``(D) The employee is not in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance. ``(E) The employee is within the scope of an offer of voluntary early retirement, as defined on the basis of one or more of the following objective criteria: ``(i) One or more organizational units. ``(ii) One or more occupational groups, series, or levels. ``(iii) One or more geographical locations. ``(iv) Any other similar criteria that the Secretary of Defense determines appropriate. ``(4) The determinations necessary for establishing the eligibility of a person for an immediate annuity under paragraph (2) or (3) shall be made in accordance with regulations prescribed by the Secretary of Defense. ``(5) In this subsection, the term `major organizational adjustment' means any of the following: ``(A) A major reorganization. ``(B) A major reduction in force. ``(C) A major transfer of function. ``(D) A workforce restructuring-- ``(i) to meet mission needs; ``(ii) to achieve one or more reductions in strength; ``(iii) to correct skill imbalances; or ``(iv) to reduce the number of high-grade, managerial, supervisory, or similar positions.''. (c) Conforming Amendments.--(1) Section 8339(h) of such title is amended by striking out ``or (j)'' in the first sentence and inserting ``(j), or (o)''. (2) Section 8464(a)(1)(A)(i) of such title is amended by striking out ``or (b)(1)(B)'' and ``, (b)(1)(B), or (d)''. (d) Effective Date; Applicability.--The amendments made by this section-- (1) shall take effect on October 1, 2000; and (2) shall apply with respect to an approval for voluntary early retirement made on or after that date. SEC. 5. RESTRICTIONS ON PAYMENTS FOR ACADEMIC TRAINING. (a) Sources of Postsecondary Education.--Subsection (a) of section 4107 of title 5, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ``; or''; and (3) by adding at the end the following: ``(3) any course of postsecondary education that is administered or conducted by an institution not accredited by a national or regional accrediting body (except in the case of a course or institution for which standards for accrediting do not exist or are determined by the head of the employee's agency as being inappropriate), regardless of whether the course is provided by means of classroom instruction, electronic instruction, or otherwise.''. (b) Waiver of Restriction on Degree Training.--Subsection (b)(1) of such section is amended by striking ``if necessary'' and all that follows through the end and inserting ``if the training provides an opportunity for an employee of the agency to obtain an academic degree pursuant to a planned, systematic, and coordinated program of professional development approved by the head of the agency.''. (c) Conforming and Clerical Amendments.--The heading for such section is amended to read as follows: ``Sec. 4107. Restrictions''. (3) The item relating to such section in the table of sections at the beginning of chapter 41 of title 5, United States Code, is amended to read as follows: ``4107. Restrictions.''. SEC. 6. STRATEGIC PLAN. (a) Requirement for Plan.--Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a strategic plan for the exercise of the authorities provided or extended by the amendments made by this Act. The plan shall include an estimate of the number of Department of Defense employees that would be affected by the uses of authorities as described in the plan. (b) Consistency With DoD Performance and Review Strategic Plan.-- The strategic plan submitted under subsection (a) shall be consistent with the strategic plan of the Department of Defense that is in effect under section 306 of title 5, United States Code. (c) Appropriate Committees.--For the purposes of this section, the appropriate committees of Congress are as follows: (1) The Committee on Armed Services and the Committee on Governmental Affairs of the Senate. (2) The Committee on Armed Services and the Committee on Government Reform of the House of Representatives. ``(C) A major transfer of function. ``(D) A workforce restructuring-- ``(i) to meet mission needs; ``(ii) to achieve one or more reductions in strength; ``(iii) to correct skill imbalances; or ``(iv) to reduce the number of high-grade, managerial, supervisory, or similar positions.''. (c) Conforming Amendments.--(1) Section 8339(h) of such title is amended by striking out ``or (j)'' in the first sentence and inserting ``(j), or (o)''. (2) Section 8464(a)(1)(A)(i) of such title is amended by striking out ``or (b)(1)(B)'' and ``, (b)(1)(B), or (d)''. (d) Effective Date; Applicability.--The amendments made by this section-- (1) shall take effect on October 1, 2000; and (2) shall apply with respect to an approval for voluntary early retirement made on or after that date. SEC. 5. RESTRICTIONS ON PAYMENTS FOR ACADEMIC TRAINING. (a) Sources of Postsecondary Education.--Subsection (a) of section 4107 of title 5, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ``; or''; and (3) by adding at the end the following: ``(3) any course of postsecondary education that is administered or conducted by an institution not accredited by a national or regional accrediting body (except in the case of a course or institution for which standards for accrediting do not exist or are determined by the head of the employee's agency as being inappropriate), regardless of whether the course is provided by means of classroom instruction, electronic instruction, or otherwise.''. (b) Waiver of Restriction on Degree Training.--Subsection (b)(1) of such section is amended by striking ``if necessary'' and all that follows through the end and inserting ``if the training provides an opportunity for an employee of the agency to obtain an academic degree pursuant to a planned, systematic, and coordinated program of professional development approved by the head of the agency.''. (c) Conforming and Clerical Amendments.--The heading for such section is amended to read as follows: ``Sec. 4107. Restrictions''. (3) The item relating to such section in the table of sections at the beginning of chapter 41 of title 5, United States Code, is amended to read as follows: ``4107. Restrictions.''. SEC. 6. STRATEGIC PLAN. (a) Requirement for Plan.--Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a strategic plan for the exercise of the authorities provided or extended by the amendments made by this Act. The plan shall include an estimate of the number of Department of Defense employees that would be affected by the uses of authorities as described in the plan. (b) Consistency With DoD Performance and Review Strategic Plan.-- The strategic plan submitted under subsection (a) shall be consistent with the strategic plan of the Department of Defense that is in effect under section 306 of title 5, United States Code. (c) Appropriate Committees.--For the purposes of this section, the appropriate committees of Congress are as follows: (1) The Committee on Armed Services and the Committee on Governmental Affairs of the Senate. (2) The Committee on Armed Services and the Committee on Government Reform of the House of Representatives.

(Sec. 3) Amends Federal provisions concerning the use of voluntary separation incentive pay and voluntary early retirement authority to: (1) extend the voluntary separation pay authority through FY 2005; (2) add as a purpose of the voluntary separation incentive program the restructuring of the defense workforce for various purposes; (3) allow separation pay to be paid in either a lump-sum (current law) or installments; and (4) require termination of incentive pay installments when a person accepts other employment with the Federal Government. (Sec. 4) Amends the Civil Service Retirement System and the Federal Employees' Retirement System to entitle to an immediate annuity a DOD employee who, before October 1, 2005, is separated from service after completing 25 years of service or after becoming 50 years of age and completing 20 years of service, as long as such employee: (1) is separated involuntarily other than for cause; and (2) has not declined a reasonable offer of another DOD position which is not lower than two grades below their former grade, and is within the employee's commuting area. Provides related eligibility conditions, including that the employee is separated from service during a major DOD organizational adjustment. (Sec. 5) States that a Federal program for providing employee training shall not include any course of postsecondary education that is administered or conducted by an institution not accredited by a national or regional accrediting body. Allows coverage for training toward an academic degree if the training provides an opportunity to obtain an academic degree pursuant to a planned, systematic, and coordinated program of professional development approved by the head of that agency. (Sec. 6) Directs the Secretary of Defense to submit to the congressional defense, governmental affairs, and government reform committees a strategic plan for exercising the authorities provided or extended by this Act.

Department of Defense Civilian Workforce Realignment Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``ERISA Child Abuse Accountability Act of 1995''. SEC. 2. AMENDMENTS TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) Creation or Assignment of Rights to Benefits Under Qualified Child Abuse Orders.--Section 206(d)(3)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(d)(3)(A)) is amended-- (1) by inserting ``or a child abuse order'' after ``a domestic relations order''; (2) by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''; and (3) by inserting ``or any qualified child abuse order'' after ``any qualified domestic relations order''. (b) Qualified Child Abuse Orders.--Section 206(d)(3)(B) of such Act (29 U.S.C. 1056(d)(3)(B)) is amended-- (1) in clause (i), by striking ``the term'' and inserting ``The term'', and by striking ``, and'' at the end and inserting a period; (2) in clause (ii), by striking ``the term'' and inserting ``The term''; and (3) by adding at the end the following new clauses: ``(iii) The term `qualified child abuse order' means a child abuse order-- ``(I) which creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable with respect to a participant under a plan, and ``(II) with respect to which the requirements of subparagraphs (C) and (D) are met. ``(iv) The term `child abuse order' means any court order or other similar process for the enforcement of a judgment rendered against a participant or beneficiary under a plan for physically, sexually, or emotionally abusing a child. For purposes of this clause-- ``(I) The term `judgment rendered for physically, sexually, or emotionally abusing a child' means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence. ``(II) The term `child' means an individual under 18 years of age.''. (c) Exemption From Preemption.--Section 514(b)(7) of such Act (29 U.S.C. 1144(b)(7)) is amended by inserting ``or qualified child abuse orders (within the meaning of section 206(d)(3)(B)(iii))'' before the period. (d) Conforming Amendments.--Section 206(d)(3) of such Act (29 U.S.C. 1056(d)(3)) is amended-- (1) in subparagraph (C), by inserting ``or child abuse order'' after ``A domestic relations order''; (2) in subparagraph (D), by inserting ``or child abuse order'' after ``A domestic relations order''; (3) in subparagraph (E)(i), by inserting ``or child abuse order'' after ``A domestic relations order''; (4) in subparagraph (G)(i), by inserting ``or child abuse order'' after ``any domestic relations order'', by inserting ``or child abuse orders'' in subclause (I) after ``domestic relations orders'', and by inserting ``or a qualified child abuse order'' in subclause (II) after ``a qualified domestic relations order''; (5) in subparagraph (G)(ii), by inserting ``and child abuse orders'' after ``domestic relations orders'', by inserting ``or child abuse order'' after ``domestic relations order'' each place it appears in subclauses (II) and (III); (6) in subparagraph (H)(i), by inserting ``or whether a child abuse order is a qualified child abuse order'' after ``whether a domestic relations order is a qualified domestic relations order'', and by inserting ``or a qualified child abuse order'' after ``to be a qualified domestic relations order''; (7) in subparagraph (H)(ii), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''; (8) in subparagraph (H)(iii), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order'' each place it appears in subclauses (I) and (II); (9) in subparagraph (H)(iv), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''; (10) in subparagraph (H)(v), by inserting ``or child abuse order'' after ``the domestic relations order''; (11) in subparagraph (I)(i), by inserting ``or child abuse order'' after ``a domestic relations order'', and by inserting ``or qualified child abuse order'' after ``a qualified domestic relations order''; (12) in subparagraph (J), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''; (13) in subparagraph (K), by inserting ``or child abuse order'' after ``a domestic relations order''; and (14) in subparagraph (M), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''. SEC. 3. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986. (a) Creation or Assignment of Rights to Benefits Under Qualified Child Abuse Orders.--Subparagraph (B) of section 401(a)(13) of the Internal Revenue Code of 1986 (relating to assignment of benefits) is amended-- (1) by inserting ``or child abuse orders'' after ``domestic relations orders'' in the heading; (2) by inserting ``or a child abuse order'' after ``a domestic relations order''; and (3) by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''. (b) Qualified Child Abuse Orders.--Paragraph (1) of section 414(p) of such Code (defining qualified domestic relations order) is amended by adding at the end the following new subparagraphs: ``(C) Qualified child abuse order.--The term `qualified child abuse order' means a child abuse order-- ``(i) which creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable with respect to a participant under a plan, and ``(ii) with respect to which the requirements of paragraphs (2) and (3) are met. ``(D) Child abuse order.-- ``(i) In general.--The term `child abuse order' means any court order or other similar process for the enforcement of a judgment rendered against a participant or beneficiary under a plan for physically, sexually, or emotionally abusing a child. ``(ii) Definitions.--For purposes of this subparagraph-- ``(I) The term `judgment rendered for physically, sexually, or emotionally abusing a child' means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence. ``(II) The term `child' means an individual under 18 years of age.''. (c) Conforming Amendments.--Subsection (p) of section 414 of such Code is amended-- (1) in paragraph (2), by inserting ``or child abuse order'' after ``A domestic relations order''; (2) in paragraph (3), by inserting ``or child abuse order'' after ``A domestic relations order''; (3) in paragraph (4)(A), by inserting ``or child abuse order'' after ``a domestic relations order''; (4) in paragraph (6)(A), by inserting ``or child abuse order'' after ``any domestic relations order'', by inserting ``or child abuse orders'' in clause (i) after ``domestic relations orders'', and by inserting ``or a qualified child abuse order'' in clause (ii) after ``a qualified domestic relations order''; (5) in paragraph (6)(B), by inserting ``and child abuse orders'' after ``domestic relations orders''; (6) in paragraph (7)(A), by inserting ``or whether a child abuse order is a qualified child abuse order'' after ``whether a domestic relations order is a qualified domestic relations order'', and by inserting ``or a qualified child abuse order'' after ``to be a qualified domestic relations order''; (7) in paragraph (7)(B), by inserting ``or qualified child support order'' in the heading after ``qualified domestic relations order'', and by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''; (8) in paragraph (7)(C), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order'' each place it appears in clauses (i) and (ii); (9) in paragraph (7)(D), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''; (10) in paragraph (7)(E), by inserting ``or child abuse order'' after ``the domestic relations order''; (11) in paragraph (8), by inserting ``or child abuse order'' after ``a domestic relations order''; (12) in paragraph (9), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''; (13) in paragraph (10), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''; and (14) in paragraph (11), by inserting ``or a qualified child abuse order'' after ``pursuant to a qualified domestic relations order'', and by inserting ``or a child abuse order'' after ``pursuant to a domestic relations order''. (d) Tax Treatment of Distributions Pursuant to Qualified Child Abuse Orders.-- (1) Alternate payee must include benefits in gross income.--Paragraph (1) of section 402(e) of such Code (relating to alternate payee under qualified domestic relations order treated as distributee) is amended by inserting ``or a qualified child abuse order (as defined in section 414(p))'' after ``a qualified domestic relations order (as defined in section 414(p))'' each place it appears. (2) Allocation of investment in the contract.--Paragraph (10) of section 72(m) of such Code (relating to determination of investment in the contract in the case of qualified domestic relations orders) is amended-- (A) in the heading, by inserting ``and qualified child abuse orders'' after ``qualified domestic relations orders''; and (B) by inserting ``or a qualified child abuse order (as defined in section 414(p))'' after ``a qualified domestic relations order (as defined in section 414(p))''. (3) Clarification of eligibility of participant for lump sum treatment.-- (A) Subparagraph (H) of section 402(d)(4) of such Code (relating to balance to credit of employee not to include amounts payable under qualified domestic relations order) is amended-- (i) in the heading, by inserting ``or qualified child abuse order'' after ``qualified domestic relations order''; and (ii) by inserting ``or a qualified child abuse order (within the meaning of section 414(p))'' after ``a qualified domestic relations order (within the meaning of section 414(p))''. (B) Subparagraph (J) of section 402(d)(4) of such Code is amended by inserting ``, or under a qualified child abuse order (within the meaning of section 414(p)) of the balance to the credit of an alternate payee,'' after ``former spouse of the employee''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect on January 1, 1996, except that, in the case of a child abuse order entered before such date, the plan administrator-- (1) shall treat such order as a qualified child abuse order if such administrator is paying benefits pursuant to such order on such date, and (2) may treat any other such order entered before such date as a qualified child abuse order even if such order does not meet the requirements of such amendments.

ERISA Child Abuse Accountability Act of 1995 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to allow the creation or assignment of rights to employee pension benefits, under a qualified child abuse order, if this is necessary to satisfy a judgment against an employee benefit plan participant or beneficiary for physically, sexually, or emotionally abusing a child.

ERISA Child Abuse Accountability Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Education Opportunities for Nurses and Nurse Faculty Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) In recent years, the Institute of Medicine (IOM) has described the American health care system in crisis. It is estimated between 44,000 to 98,000 American die as a result of medical errors each year. A paramount reason for compromised patient safety is the critical shortage of Registered Nurses (RN) in the United States. (2) In 2002, the Joint Commission found that for roughly a quarter (24 percent) of hospital patient deaths and injuries, low nurse staffing levels was a contributing factor. (3) The current nursing shortage places the lives of patients at risk and the shortage is only projected to worsen. In April 2006, the Health Resources and Services Administration (HRSA) predicted that the nation's nursing shortage would grow to more than one million nurses by 2020. If the current nursing shortage trend continues, only sixty-four percent of the projected demand will be met. (4) More registered nurses must be educated to meet the demanding needs of the future. They are a critical component of the health care delivery system, are the first responders during natural disasters and are essential to provide health care to the U.S. military. In the future, RNs will play an even larger role in the health care delivery system as 78 million baby boomers age and require additional health care services. (5) Over the last nine years, the nursing shortage has become more apparent as constraints in nursing education programs have intensified. According to the American Association of Colleges of Nursing report on 2006-2007 Enrollment and Graduations in Baccalaureate and Graduate Programs in Nursing, U.S. nursing schools turned away 42,866 qualified applicants from baccalaureate and graduate nursing programs in 2006 due to insufficient number of faculty, clinical sites, classroom space, clinical preceptors, and budget constraints. (6) While graduations increased by 18 percent from 2005 to 2006 in entry-level baccalaureate nursing programs, this increase does not meet the demand. The April 2006 HRSA projection noted that nursing schools must increase the number of graduates by 90 percent in order to adequately address the nursing shortage. (7) From 1971 to 1978, Congress provided schools of nursing Capitation Grants, which are formula grants based on the number of students enrolled. Most notably, the Nurse Training Act of 1971 (P.L. 92-158) and the Nurse Training Act of 1975 (P.L. 94- 63) facilitated increased enrollments in schools of nursing and helped relieve past nursing shortages. (8) According to a 2006 National League for Nursing report, nurse faculty vacancies continued to grow with 1,390 as the estimated number of budgeted, unfilled, full-time positions countrywide in 2006. SEC. 3. NURSING EDUCATION. Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by adding at the end the following new part: ``PART E--ADDITIONAL CAPACITY FOR R.N. STUDENTS OR GRADUATE-LEVEL NURSING STUDENTS ``SEC. 771. ADDITIONAL CAPACITY FOR R.N. STUDENTS OR GRADUATE-LEVEL NURSING STUDENTS. ``(a) Authorization.--The Secretary shall award grants to institutions of higher education that offer-- ``(1) a R.N. nursing program at the baccalaureate or associate degree level to enable such program to expand the faculty and facilities of such program to accommodate additional R.N. nursing program students; or ``(2) a graduate-level nursing program to accommodate advanced practice degrees for R.N.s or to accommodate students enrolled in a graduate-level nursing program to provide teachers of nursing students. ``(b) Determination of Number of Students and Application.--Each institution of higher education that offers a program described in subsection (a) that desires to receive a grant under this section shall-- ``(1) determine for the 4 academic years preceding the academic year for which the determination is made the average number of matriculated nursing program students at such institution for such academic years; and ``(2) submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including the average number determined under paragraph (1). ``(c) Grant Amount; Award Basis.-- ``(1) Grant amount.--For each academic year after academic year 2006-2007, the Secretary shall provide to each institution of higher education awarded a grant under this section an amount that is equal to $3,000 multiplied by the number of matriculated nursing program students at such institution for such academic year that is more than the average number determined with respect to such institution under subsection (b)(1). Such amount shall be used for the purposes described in subsection (a). ``(2) Distribution of grants among different degree programs.-- ``(A) In general.--Subject to subparagraph (B), from the funds available to award grants under this section for each fiscal year, the Secretary shall-- ``(i) use 20 percent of such funds to award grants under this section to institutions of higher education for the purpose of accommodating advanced practice degrees or students in graduate-level nursing programs; ``(ii) use 40 percent of such funds to award grants under this section to institutions of higher education for the purpose of expanding R.N. nursing programs at the baccalaureate degree level; and ``(iii) use 40 percent of such funds to award grants under this section to institutions of higher education for the purpose of expanding R.N. nursing programs at the associate degree level. ``(B) Distribution of excess funds.--If, for a fiscal year, funds described in clause (i), (ii), or (iii) of subparagraph (A) remain after the Secretary awards grants under this section to all applicants for the particular category of nursing programs described in such clause, the Secretary shall use equal amounts of the remaining funds to award grants under this section to applicants for the remaining categories of nursing programs. ``(C) Equitable distribution.--In awarding grants under this section, the Secretary shall, to the extent practicable, ensure-- ``(i) an equitable geographic distribution of the grants among the States; and ``(ii) an equitable distribution of the grants among different types of institutions of higher education. ``(d) Prohibition.-- ``(1) In general.--Funds provided under this section may not be used for the construction of new facilities. ``(2) Rule of construction.--Nothing in paragraph (1) shall be construed to prohibit funds provided under this section from being used for the repair or renovation of facilities. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''.

Increasing Education Opportunities for Nurses and Nurse Faculty Act of 2007 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award grants to nursing schools to enhance their capacity to accommodate additional students in: (1) Registered Nurse (RN) associate or baccalaureate degree programs; or (2) graduate programs for prospective teachers of nursing or RNs who seek advanced practice degrees. Bases the amount of a school's grant on the extent to which the school increases its enrollment of nursing students for an academic year over its average nursing student enrollment for the four preceding academic years. Prohibits the use of grants to construct new facilities.

To amend the Higher Education Act of 1965 to create a capitation grant program to increase the number of nurses and graduate educated nurse faculty to meet the future need for qualified nurses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Generating Antibiotic Incentives Now Act of 2010''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Extension of exclusivity period. Sec. 4. Priority review. Sec. 5. Fast track product. Sec. 6. Clinical trials. SEC. 3. EXTENSION OF EXCLUSIVITY PERIOD. (a) In General.--The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 505D (21 U.S.C. 355e) the following: ``SEC. 505E. EXTENSION OF EXCLUSIVITY PERIOD FOR NEW QUALIFIED INFECTIOUS DISEASE PRODUCTS. ``(a) Extension.--If, prior to approval or licensure of a drug or biological product pursuant to an application that is submitted under section 505(b) of this Act or section 351(a) of the Public Health Service Act, the Secretary determines that the drug or biological product is a qualified infectious disease product, then the exclusivity period for such qualified infectious disease product is deemed to be extended by 5 years. ``(b) Limited to First Licensure.--Subsection (a) does not apply to the approval or licensure of-- ``(1) a supplement for the qualified infectious disease product; or ``(2) a subsequent application filed by the same sponsor or manufacturer of the qualified infectious disease product (or a licensor, predecessor in interest, or other related entity) for-- ``(A) a change (not including a modification to the structure of the qualified infectious disease product) that results in a new indication, route of administration, dosing schedule, dosage form, delivery system, delivery device, or strength; or ``(B) a modification to the structure of the qualified infectious disease product that does not result in a change in-- ``(i) safety or effectiveness in the case of a drug; or ``(ii) safety, purity, or potency in the case of a biological product. ``(c) Determination.--At the request of any person submitting an application described in subsection (a), the Secretary shall, not later than 30 days after the submission of such request and prior to approval of the application, determine whether the drug or biological product is a qualified infectious disease product. ``(d) Regulations.--The Secretary shall promulgate regulations for carrying out this section. The Secretary shall promulgate the initial regulations for carrying out this section not later than 12 months after such date of enactment. ``(e) Definitions.--In this section: ``(1) Exclusivity period.--The term `exclusivity period' means, with respect to a qualified infectious disease product approved or licensed under section 505 of this Act or section 351 of the Public Health Service Act, the period of time (as extended under section 505A or 527 of this Act or section 351(m) of the Public Health Service Act) during which such section 505 or 351 prohibit the Secretary from making effective the approval of another application under such section 505 or 351 for such product for a person who is not the holder of such approved application or of such approved license. ``(2) Qualified infectious disease product.--The term `qualified infectious disease product' means an antibiotic drug, or a diagnostic test including a point-of-care diagnostic test, for treating, detecting, preventing, or identifying a qualifying pathogen. ``(3) Qualifying pathogen.--The term `qualifying pathogen' means-- ``(A) resistant gram positive pathogens, including methicillin-resistant Staphylococcus aureus (MRSA), vancomycin-resistant Staphylococcus aureus (VRSA), and vancomycin-resistant enterococcus (VRE); ``(B) multi-drug resistant gram negative bacteria, including Acinetobacter, Klebsiella, Pseudomonas, and E. coli species; ``(C) multi-drug resistant tuberculosis; or ``(D) any other infectious pathogen identified for purposes of this section by the Secretary, in concurrence with infectious disease clinicians and appropriate professional associations, as a significant threat to public health because of drug resistance or other factors (or likely to become such a threat).''. (b) Application.--Section 505E of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), shall apply with respect to any drug or biological product that is first approved or licensed under section 505 of such Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262) on or after the date of the enactment of this Act. SEC. 4. PRIORITY REVIEW. (a) Amendment.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 524 (21 U.S.C. 360n) the following: ``SEC. 524A. PRIORITY REVIEW FOR QUALIFIED INFECTIOUS DISEASE PRODUCTS. ``(a) In General.--If the Secretary determines under section 505E that a drug is a qualified infectious disease product, the Secretary shall give priority review to the application for approval or licensure of such product submitted under section 505(b) of this Act or section 351(a) of the Public Health Service Act. ``(b) Definition.--In this section, the term `priority review', with respect to an application described in subsection (b), means review and action by the Secretary on such application not later than 6 months after receipt by the Secretary of such application.''. (b) Application.--Section 524A of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), shall apply with respect to an application that is submitted under section 505(b) of such Act (21 U.S.C. 355(b)) or section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)) on or after the date of the enactment of this Act. SEC. 5. FAST TRACK PRODUCT. Paragraph (1) of section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)) is amended by inserting after ``if it is intended for the treatment of a serious or life-threatening condition and it demonstrates the potential to address unmet medical needs for such a condition'' the following: ``or if the Secretary determines under section 505E that the drug is a qualified infectious disease product''. SEC. 6. CLINICAL TRIALS. (a) Review and Revision of Guidelines.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and not later than 4 years thereafter, the Secretary shall-- (A) review the guidelines of the Food and Drug Administration for the conduct of clinical trials with respect to antibiotic drugs; and (B) as appropriate, revise such guidelines to reflect developments in scientific and medical information and technology and to ensure clarity regarding the procedures and requirements for approval of an antibiotic drug under chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) or section 351 of the Public Health Service Act (42 U.S.C. 262). (2) Issues for review.--At a minimum, the review under paragraph (1) shall address the appropriate animal models of infection, in vitro techniques, valid micro-biological surrogate markers, the use of non-inferiority versus superiority trials, and appropriate delta values for non- inferiority trials. (3) Reports to congress.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the next 4 years, the Secretary shall submit a report to the Congress on the progress of the review under paragraph (1). (4) Rule of construction.--Except to the extent to which the Secretary of Health and Human Services makes revisions under paragraph (1)(B), nothing in this section shall be construed to repeal or otherwise affect the guidelines of the Food and Drug Administration. (b) Recommendations for Investigations.-- (1) Request.--The sponsor of a drug intended to be used to treat, detect, prevent, or identify a qualifying pathogen may request that the Secretary provide written recommendations for nonclinical and clinical investigations which may be conducted with the drug before-- (A) it may be approved for such use under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); or (B) if the drug is a biological product, it may be licensed for such use under section 351 of the Public Health Service Act. (2) Recommendations.--If the Secretary has reason to believe that a drug for which a request is made under this subsection is a qualified infectious disease product, the Secretary shall provide the person making the request written recommendations for the nonclinical and clinical investigations which the Secretary believes, on the basis of information available to the Secretary at the time of the request, would be necessary for-- (A) approval under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) of such drug for the use described in paragraph (1); or (B) licensing under section 351 of the Public Health Service Act (42 U.S.C. 262) of such drug for such use. (c) Definitions.--In this section: (1) The term ``biological product'' has the meaning given to such term in section 351 of the Public Health Service Act (42 U.S.C. 262). (2) The term ``drug'' has the meaning given to such term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (3) The term ``qualifying pathogen'' has the meaning given such term in section 505E of the Federal Food, Drug, and Cosmetic Act, as added by section 3. (4) The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs.

Generating Antibiotic Incentives Now Act of 2010 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) extend for five years the exclusivity period for the first licensure of a qualified infectious disease product; (2) grant priority review to an application for approval or licensure of a qualified infectious disease product (i.e., review and action on such application not later than six months after receipt); and (3) deem a qualified infectious disease product as a fast track product, for review and approval purposes. Defines "qualified infectious disease product" as an antibiotic drug, or a diagnostic test including a point-of-care diagnostic test, for treating, detecting, preventing, or identifying a qualifying pathogen. Requires the Secretary of Health and Human Services (HHS), acting through the Commissioner of Food and Drugs, to review the guidelines of the Food and Drug Administration (FDA) for the conduct of clinical trials for antibiotic drugs and revise such guidelines to reflect developments in medical information and technology. Allows the sponsor of a drug intended to be used to treat, detect, prevent, or identify a qualifying pathogen, as defined by this Act, to request that the Secretary provide written recommendations for nonclinical and clinical investigations before such drug may be approved for use or licensed.

To provide incentives for the development of qualified infectious disease products.

SECTION 1. LIFETIME SAVINGS ACCOUNTS. (a) In General.--Subchapter F of Chapter 1 of the Internal Revenue Code of 1986 (relating to exempt organizations) is amended by adding at the end the following new part: ``PART IX--LIFETIME SAVINGS ACCOUNTS ``SEC. 530A. LIFETIME SAVINGS ACCOUNTS. ``(a) General Rule.--A Lifetime Savings Account shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(b) Lifetime Savings Account.--For purposes of this section, the term `Lifetime Savings Account' means a trust created or organized in the United States for the exclusive benefit of an individual or his beneficiaries and which is designated (in such manner as the Secretary shall prescribe) at the time of the establishment of the trust as a Lifetime Savings Account, but only if the written governing instrument creating the trust meets the following requirements: ``(1) Except in the case of a qualified rollover contribution described in subsection (d)-- ``(A) no contribution will be accepted unless it is in cash, and ``(B) contributions will not be accepted for the calendar year in excess of the contribution limit specified in subsection (c)(1). ``(2) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section or who has so demonstrated with respect to any individual retirement plan. ``(3) No part of the trust assets will be invested in life insurance contracts. ``(4) The interest of an individual in the balance of his account is nonforfeitable. ``(5) The assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund. ``(c) Treatment of Contributions and Distributions.-- ``(1) Contribution limit.-- ``(A) In general.--The aggregate amount of contributions (other than qualified rollover contributions described in subsection (d)) for any calendar year to all Lifetime Savings Accounts maintained for the benefit of an individual shall not exceed $5,000. ``(B) Cost-of-living adjustment.-- ``(i) In general.--In the case of any calendar year after 2005, the $5,000 amount under subparagraph (A) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding rules.--If any amount after adjustment under clause (i) is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500. ``(2) Distributions.--Any distribution from a Lifetime Savings Account shall not be includible in gross income. ``(d) Qualified Rollover Contribution.--For purposes of this section, the term `qualified rollover contribution' means a contribution to a Lifetime Savings Account-- ``(1) from another such account of the same beneficiary, but only if such amount is contributed not later than the 60th day after the distribution from such other account, ``(2) from a Lifetime Savings Account of a spouse of the beneficiary of the account to which the contribution is made, but only if such amount is contributed not later than the 60th day after the distribution from such other account, and ``(3) before January 1, 2006, from-- ``(A) a qualified tuition program pursuant to section 529(c)(3)(E), or ``(B) a Coverdell education savings account pursuant to section 530(d)(9). ``(e) Loss of Taxation Exemption of Account Where Beneficiary Engages in Prohibited Transaction.--Rules similar to the rules of paragraph (2) of section 408(e) shall apply to any Lifetime Savings Account. ``(f) Custodial Accounts.--For purposes of this section, a custodial account or an annuity contract issued by an insurance company qualified to do business in a State shall be treated as a trust under this section if-- ``(1) the custodial account or annuity contract would, except for the fact that it is not a trust, constitute a trust which meets the requirements of subsection (b), and ``(2) in the case of a custodial account, the assets of such account are held by a bank (as defined in section 408(n)) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section. For purposes of this title, in the case of a custodial account or annuity contract treated as a trust by reason of the preceding sentence, the person holding the assets of such account or holding such annuity contract shall be treated as the trustee thereof. ``(g) Reports.--The trustee of a Lifetime Savings Account shall make such reports regarding such account to the Secretary and to the beneficiary of the account with respect to contributions, distributions, and such other matters as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required.''. (b) Tax on Excess Contributions.-- (1) In general.--Subsection (a) of section 4973 of the Internal Revenue Code of 1986 (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended by striking ``or'' at the end of paragraph (4), by inserting ``or'' at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: ``(6) a Lifetime Savings Account (as defined in section 530A),''. (2) Excess contribution.--Section 4973 of such Code is amended by adding at the end the following new subsection: ``(h) Excess Contributions to Lifetime Savings Accounts.--For purposes of this section-- ``(1) In general.--In the case of Lifetime Savings Accounts (within the meaning of section 530A), the term `excess contributions' means the sum of-- ``(A) the amount by which the amount contributed for the calendar year to such accounts (other than qualified rollover contributions (as defined in section 530A(d))) exceeds the contribution limit under section 530A(c)(1), and ``(B) the amount determined under this subsection for the preceding calendar year, reduced by the excess (if any) of the maximum amount allowable as a contribution under section 530A(c)(1) for the calendar year over the amount contributed to the accounts for the calendar year. ``(2) Special rule.--A contribution shall not be taken into account under paragraph (1) if such contribution (together with the amount of net income attributable to such contribution) is returned to the beneficiary before July 1 of the year following the year in which the contribution is made.''. (c) Failure To Provide Reports on Lifetime Savings Accounts.-- Paragraph (2) of section 6693(a) of the Internal Revenue Code of 1986 (relating to failure to provide reports on individual retirement accounts or annuities) is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(F) section 530A(g) (relating to Lifetime Savings Accounts).''. (d) Rollovers From Certain Other Tax-Free Accounts.-- (1) Qualified state tuition plans.--Paragraph (3) of section 529(c) of the Internal Revenue Code of 1986 (relating to distributions) is amended by adding at the end the following new subparagraph: ``(E) Rollovers to lifetime savings accounts.-- ``(i) In general.--Subparagraph (A) shall not apply to the qualified portion of any distribution which, before January 1, 2006, and within 60 days of such distribution, is transferred to a Lifetime Savings Account (within the meaning of section 530A) of the designated beneficiary. This subparagraph shall only apply to distributions in accordance with the previous sentence from an account which was in existence with respect to such designated beneficiary on December 31, 2003. ``(ii) Qualified portion.--For purposes of this subparagraph, the term `qualified portion' means the amount equal to the sum of-- ``(I) the lesser of $50,000 or the amount which is in the account of the designated beneficiary on December 31, 2003, ``(II) any contributions to such account for the taxable year beginning after December 31, 2004, and before January 1, 2005, and ``(III) any earnings of such account for such year. ``(iii) Limitation.--The sum of the amounts taken into account under clause (ii)(II) with respect to all accounts of the designated beneficiary plus any amounts with respect to such designated beneficiary taken into account under section 530(d)(9)(B)(ii) shall not exceed the sum of $5,000 plus the earnings attributable to such amounts.''. (2) Coverdell education savings accounts.--Subsection (d) of section 530 of such Code (relating to tax treatment of distributions) is amended by inserting at the end the following new paragraph: ``(9) Rollovers to lifetime savings accounts.-- ``(A) In general.--Paragraph (1) shall not apply to the qualified portion of any amount paid or distributed from a Coverdell education savings account to the extent that the amount received is paid, before January 1, 2006, and not later than the 60th day after the date of such payment or distribution, into a Lifetime Savings Account (within the meaning of section 530A) for the benefit of the same beneficiary. This paragraph shall only apply to amounts paid or distributed in accordance with the preceding sentence from an account which was in existence with respect to such beneficiary on December 31, 2003. ``(B) Qualified portion.--For purposes of this paragraph, the term `qualified portion' means the amount equal to the sum of-- ``(i) the amount which is in the account of the beneficiary on December 31, 2003, ``(ii) any contributions to such account for the taxable year beginning after December 31, 2004, and before January 1, 2005, and ``(iii) any earnings of such account for such year. ``(C) Limitation.--The sum of the amounts taken into account under subparagraph (B)(ii) with respect to all accounts of the beneficiary plus any amounts with respect to such beneficiary taken into account under section 529(c)(3)(E)(ii)(II) shall not exceed the sum of $5,000 plus the earnings attributable to such amounts.''. (e) Conforming Amendment.--The table of parts for subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part IX. Lifetime Savings Accounts.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Amends the Internal Revenue Code to create a tax-exempt trust to be known as a "Lifetime Savings Account" for the benefit of an individual taxpayer or his beneficiaries. Allows an individual taxpayer to make cash contributions up to $5,000 each year to such trusts. Prohibits: (1) investment of trust assets in life insurance contracts; and (2) commingling of trust assets with any other property except in a common trust or investment fund. Provides for an annual cost-of-living adjustment to the contribution amount. Excludes from gross income distributions from such a trust. Allows tax-free rollovers to a trust from: (1) another account of the trust beneficiary if the rollover from such other account is completed within 60 days of the date of distribution; (2) from a Lifetime Savings Account of the spouse of the trust beneficiary if the rollover from the spouse's account is completed within 60 days of the date of distribution; (3) from a qualified state tuition plan or a Coverdell education savings account before January 1, 2006.

To amend the Internal Revenue Code of 1986 to create Lifetime Savings Accounts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Planning for Future Intercity Transportation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) High-speed passenger rail technology, while not new in Europe and Asia, is a new transportation technology in the United States. Its design, development, construction, financing, funding, and operation require specific skills and expertise that are not abundant in the United States, and will require years to develop. (2) Unlike highways, mass transit, and aviation, high-speed rail requires unique and separated rights of way to operate and must be fully integrated with other passenger transportation system elements to be successful. (3) In order to ensure the proper development of high-speed intercity passenger rail service in the United States, it is critical that a dedicated office be established at the highest levels of the Federal Government to coordinate and facilitate the intricate relationships between-- (A) various levels of government; and (B) the wide range of industrial interests that will be required to work together to make high-speed rail successful. (4) Resources for transportation infrastructure are in high demand. Many people contend that there are not enough resources to maintain the transportation system the Nation has built, let alone to build new modes of transportation such as high-speed intercity passenger rail. (5) The capacity of the current transportation system threatens the present and future competitiveness of the United States. Unless investments are made in new, faster, and more efficient transportation capacity, such as intercity high-speed passenger rail, it will be very difficult for the United States-- (A) to rise out of its current economic condition; or (B) to regain its leadership role domestically and internationally. (6) Placing the development of a national system of intercity high-speed rail corridors that are highly integrated with other modes of transportation under the direct supervision of the Secretary of Transportation and delegating the day-to- day administration of such system to an Assistant Secretary will ensure an effective launch and the efficient operation of a new national transportation modality. (7) It is in the interest of the United States to expeditiously develop and deploy intercity high-speed passenger rail under the singularly focused direction of the Secretary of Transportation. SEC. 3. DEFINITIONS. In this Act: (1) Assistant secretary.--The term ``Assistant Secretary'' means the head of the Office of Planning for Future Intercity Transportation. (2) Eligible participant.--The term ``eligible participant'' means-- (A) a State that has participated in the process to develop and implement a cost allocation methodology under section 209(a) of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note); (B) a group consisting solely of States described in subparagraph (A); (C) an Interstate Compact consisting solely of States described in subparagraph (A); (D) a public agency established by 1 or more of the States described in subparagraph (A) that is responsible for providing intercity passenger rail service; or (E) any entity that seeks to perform services under a contract awarded pursuant to this Act by providing-- (i) a description of how the entity intends to perform the covered services; and (ii) materials demonstrating the entity's capability to perform the proposed services in accordance with the requirements under this Act. (3) Office.--The term ``Office'' means the Office of Planning for Future Intercity Transportation established within the Office of the Secretary of Transportation pursuant to section 4. (4) Program participant.--The term ``program participant'' means an eligible participant that has entered into an authorized procurement process under this Act. (5) Rail carrier.--The term ``rail carrier'' has the meaning given such term in section 10102(5) of title 49, United States Code. (6) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (7) State.--The term ``State'' means each of the several States and the District of Columbia. SEC. 4. OFFICE OF PLANNING FOR FUTURE INTERCITY TRANSPORTATION. (a) Establishment.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall establish the Office of Planning for Future Intercity Transportation within the Office of the Secretary of Transportation. The Office shall be composed of the Office of High-Speed Rail Policy, the Office of High-Speed Planning, and the Office of High-Speed Rail Operations and Safety. (b) Assistant Secretary.-- (1) Appointment.--The head of the Office shall be the Assistant Secretary for Intercity Transportation Planning, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties.--The Assistant Secretary shall-- (A) serve as the principal policy advisor to the Secretary and the Deputy Secretary on High-Speed Rail; and (B) assume responsibility for all activities of the Federal Government associated with high-speed rail that were previously delegated to the Administrator of the Federal Railroad Administration or otherwise authorized by Congress. (c) Functions.--Under the direction of the Assistant Secretary, the Office shall oversee the planning, development, construction, financing, funding, and operation of high-speed rail in selected corridors throughout the United States. (d) Feasibility Study.--Not later than 2 years after the date on which the Office is established under this section, the Secretary shall submit to Congress the results of a feasibility study that identifies and prioritizes corridors that offer the best opportunity to provide point-to-point transportation service based on-- (1) travel demand; (2) the total cost of construction and operation; and (3) expected passenger and other business revenue generated from the operation of transportation service. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated out of the Highway Trust Fund, for each of the fiscal years 2015, 2016, and 2017-- (1) $20,000,000 to carry out the feasibility study required under section 4(d); and (2) $5,000,000 for administrative expenses incurred by the Office. (b) Contract Authority.-- (1) Feasibility study.--Amounts appropriated pursuant to subsection (a)(1) shall be available for the procurement of contract services to carry out such studies as the Secretary determines necessary to carry out section 4(d). (2) Other requirements.--Amounts appropriated pursuant to subsection (a)(2) shall be available for the procurement of contract services to carry out any other requirement under this Act.

Office of Planning for Future Intercity Transportation Act - Directs the Secretary of Transportation (DOT) to establish within the Office of the Secretary the Office of Planning for Future Intercity Transportation (Office), headed by the Assistant Secretary for Intercity Transportation Planning. Requires the Office to be composed of: the Office of High-Speed Rail Policy, the Office of High-Speed Planning, and the Office of High-Speed Rail Operations and Safety. Requires the Assistant Secretary to oversee the planning, development, construction, financing, funding, and operation of high-speed rail in selected corridors throughout the United States. Directs the Secretary to report to Congress the results of a feasibility study that identifies and prioritizes corridors that offer the best opportunity to provide point-to-point high-speed intercity passenger rail service.

Office of Planning for Future Intercity Transportation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Overtime Pay for Working Americans Act''. SEC. 2. SALARY THRESHOLDS, HIGHLY COMPENSATED EMPLOYEES, AND PRIMARY DUTIES. (a) Salary Thresholds for Executive, Administrative, and Professional Employees.--Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended-- (1) in subsection (a)(1), by inserting before ``; or'' the following: ``, subject to the requirement that any employee whom the Secretary determines is required to be paid on a salary (or equivalent fee basis) in order to be exempt under this subsection shall, in order to be so exempt, receive compensation at a rate of not less than the salary rate (or equivalent fee basis) determined under subsection (k)''; and (2) by adding at the end the following: ``(k) Salary Rate (or Equivalent Fee Basis).-- ``(1) In general.--The salary rate (or equivalent fee basis) determined under this subsection for purposes of subsection (a)(1) shall be-- ``(A) beginning 1 year after the first day of the first month that begins after the date of enactment of the Restoring Overtime Pay for Working Americans Act, $665 per week; ``(B) beginning 2 years after such first day, $865 per week; ``(C) beginning 3 years after such first day, $1,090 per week; and ``(D) beginning on the date that is 4 years after such first day, and on such first day in each succeeding year, an adjusted amount that is-- ``(i) not less than the amount in effect under this paragraph on the day before the date of such adjustment; ``(ii) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers; and ``(iii) rounded to the nearest multiple of $1.00. ``(2) Special rule.--Notwithstanding paragraph (1), for any employee for whom the minimum wage would otherwise be determined pursuant to section 8103(b) of the Fair Minimum Wage Act of 2007 (29 U.S.C. 206 note), the Secretary may determine, through regulations, the salary rate (or equivalent fee basis). ``(l) Primary Duty.--In any case where an employer classifies an employee as an employee employed in a bona fide executive, administrative, or professional capacity, for the purpose of subsection (a)(1), or in a position described in subsection (a)(17), for the purpose of such subsection, such employee shall not spend more than 50 percent of such employee's work hours in a workweek on duties that are not exempt under paragraph (1) or (17) of subsection (a), respectively. ``(m) Definitions.--For the purposes of this section: ``(1) Annual percentage increase.--The term `annual percentage increase', when used in reference to the Consumer Price Index for Urban Wage Earners and Clerical Workers, means the annual percentage increase calculated by the Secretary by comparing such Consumer Price Index for the most recent month, quarter, or year available (as selected by the Secretary prior to the first year for which a minimum wage is in effect pursuant to this subsection) with such Consumer Price Index for the same month in the preceding year, the same quarter in the preceding year, or the preceding year, respectively. ``(2) Consumer price index for urban wage earners and clerical workers.--The term `Consumer Price Index for Urban Wage Earners and Clerical Workers' means the Consumer Price Index for Urban Wage Earners and Clerical Workers (United States city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics.''. (b) Highly Compensated Employees.-- (1) In general.--If the Secretary of Labor, in the discretion of such Secretary, determines that an employee may be exempt for purposes of section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)), as a highly compensated employee (as such term is defined and delimited by the Secretary), then the level of total annual compensation necessary for such exemption shall be-- (A) beginning 1 year after the first day of the first month that begins after the date of enactment of this Act, $108,000; (B) beginning 2 years after such first day, $116,000; (C) beginning 3 years after such first day, $125,000; and (D) beginning on the date that is 4 years after such first day, and for each succeeding calendar year, an adjusted amount that is-- (i) not less than the amount in effect under this paragraph on the day before the date of such adjustment; (ii) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers; and (iii) rounded to the nearest multiple of $1.00. (2) Rule of construction.--Nothing in this subsection or the regulations promulgated by the Secretary of Labor under this subsection shall override any provision of a collective bargaining agreement that provides for overtime employment compensation, or rights to such compensation, that exceed the requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). (3) Definitions.--For purposes of this subsection, the terms ``annual percentage increase'' and ``Consumer Price Index for Urban Wage Earners and Clerical Workers'' have the meanings given the terms in section 13(m) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(m)), as added by subsection (a). (c) Publication of Notice.-- (1) In general.--Not later than 60 days before the effective date of any adjustment in the salary rate (or equivalent fee basis) required under section 13(k)(1)(D) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(k)(1)(D)), as added by subsection (a), or any adjustment in the amount of compensation required for the highly compensated employee exemption required under subsection (b), the Secretary of Labor shall publish, in the Federal Register and on the website of the Department of Labor, a notice announcing the adjusted salary rate (or equivalent fee basis) or adjusted amount of compensation, respectively. (2) Nonapplicability of rulemaking requirements.--The provisions of section 553 of title 5, United States Code, shall not apply to any notice required under this subsection. (d) Penalties.--Section 16(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)(2)) is amended by inserting ``or section 11(c), relating to the records that each employer is required to make, keep, and preserve,'' after ``relating to wages,''. (e) Effective Date.--This Act, and the amendments made by this Act, shall take effect on the date that is 1 year after the first day of the first month that begins after the date of enactment of this Act.

Restoring Overtime Pay for Working Americans Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to establish salary thresholds for the exemption of executive, administrative, and professional employees from federal minimum wage and maximum hour requirements (allowing these individuals to receive overtime pay.) Establishes salary thresholds also for exemption of highly compensated employees from these FLSA requirements, if the Secretary of Labor determines such employees may be exempted. Prescribes a fine for any employer who repeatedly or willfully violates the FLSA requirement to make, keep, and preserve records of employees and their wages, hours, and other conditions and practices of employment.

Restoring Overtime Pay for Working Americans Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Benefits Protection and Restoration Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Initial Findings.--The Congress finds the following: (1) Over the last 5 decades, billions of dollars in social security taxes have been paid by American workers but have not been credited to their social security earnings records. When the Social Security Administration is not able to match information on annual earnings reports to existing workers' earnings records, the amount of such earnings reported are credited by the Administration in a ``suspense file'' of uncredited earnings. (2) Largely due to the inflexible matching policy of the Social Security Administration and an unacceptable number of errors made by employers on annual earnings reports submitted to the Administration, the suspense file has accumulated approximately 200,000,000 individual earnings reports totaling approximately $200,000,000,000 in earnings. These numbers continue to grow. (3) Because earnings are used to determine an individual's eligibility and benefit amount, uncredited earnings can affect social security benefit payments. Current beneficiaries have lost, and continue to lose, benefits because of the failure of the Social Security Administration to correctly credit their earnings. This has the practical effect of denying millions of hard-working Americans up to hundreds of dollars on their monthly retirement or disability benefits. (b) Further Findings.--The Congress further finds the following: (1) Current and future retirees should receive the full social security benefits to which they are entitled. (2) The impact of uncredited earnings on social security beneficiaries has not been adequately determined. An examination of the practical effects of uncredited earnings on individuals' benefits should be conducted, in order that beneficiaries who are due higher benefits or retroactive payments can be compensated accordingly. (c) Purpose.--It is the purpose of this Act to ensure that the Social Security Administration, together with the Secretary of the Treasury, will take prompt action to-- (1) determine and implement an effective procedure to reconcile the wage reports currently in the suspense file to the rightful beneficiaries, and (2) put in place a system that will prevent further mismatches. SEC. 3. STUDY. (a) In General.--The Commissioner of Social Security and the Secretary of the Treasury shall jointly undertake, as soon as practicable after the date of the enactment of this Act, a thorough study with respect to the inability of the Social Security Administration to provide for American workers their full social security benefits by reason of insufficiency of information held by the Administration necessary for correctly identifying accounts for the earnings of such workers. (b) Matters To Be Studied.--The Commissioner and the Secretary, in their study under this section, shall address, analyze, and report specifically on the following matters: (1) the extent of, and the reasons for, the inability of the Social Security Administration to maintain accurate and current records of every worker's annual earnings sufficient for determining eligibility for, and the correct amount of, monthly insurance benefits under title II of the Social Security Act, (2) proposals for an effective procedure for eliminating the current backlog of uncredited earnings in the suspense file maintained by the Social Security Administration, (3) proposals for an effective procedure for resolving new discrepancies which would result in new uncredited earnings, and (4) any additional resources which the Social Security Administration would require to carry out effective procedures described in paragraphs (2) and (3). SEC. 4. REMEDIAL MEASURES. Pursuant to the study carried out under section 3, the Commissioner of Social Security and the Secretary of the Treasury shall promptly-- (1) devise and implement a procedure for eliminating, in accordance with an established time-phased schedule, the backlog of uncredited earnings currently contained in the suspense file maintained by the Administration, and (2) devise and implement a procedure for resolving new discrepancies which would prevent the addition of future uncredited earnings in the suspense file. SEC. 5. REPORT. The Commissioner of Social Security and the Secretary of the Treasury shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, not later than 180 days after the date of the enactment of this Act, a report of the findings of the study conducted under section 3 and the progress made in meeting the requirements of section 4. Such report shall include any recommendations for further legislative action the Commissioner and the Secretary consider appropriate.

Social Security Benefits Protection and Restoration Act of 1997 - Directs the Commissioner of Social Security and the Secretary of the Treasury to: (1) study jointly and report to the Congress on the inability of the Social Security Administration to provide American workers with their full social security benefits because of insufficient information necessary to identify account earnings information correctly for such workers at the Administration; (2) take appropriate remedial measures, including devising and implementing a procedure for eliminating backlogged uncredited earnings filed with the Administration. Requires a progress report to the Congress on implementation of such measures, along with any recommendations for appropriate legislative action.

Social Security Benefits Protection and Restoration Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alien Tort Statute Reform Act''. SEC. 2. SUITS BY ALIENS. Section 1350 of title 28, United States Code, is amended to read as follows: ``Sec. 1350. Alien's action for tort ``(a) Jurisdiction of District Courts.--The district courts shall have original and exclusive jurisdiction of any civil action brought by an alien asserting a claim of torture, extrajudicial killing, genocide, piracy, slavery, or slave trading if a defendant is a direct participant acting with specific intent to commit the alleged tort. The district courts shall not have jurisdiction over such civil suits brought by an alien if a foreign state is responsible for committing the tort in question within its sovereign territory. ``(b) Definitions.--For the purposes of this section: ``(1) Defendant.--The term `defendant' means any person subject to the jurisdiction of the district courts of the United States, including-- ``(A) a United States citizen; ``(B) a natural person who is a permanent resident of the United States; ``(C) a natural person who resides in the United States; or ``(D) a partnership, corporation, or other legal entity organized under the laws of the United States or of a foreign state. ``(2) Foreign state.--The term `foreign state' has the meaning given that term in section 1603 of title 28, United States Code. ``(3) Extrajudicial killing.--The term `extrajudicial killing'-- ``(A) means a deliberated killing, which-- ``(i) notwithstanding the jurisdictional limitations referred to in subsection (a), is carried out by an individual under actual or apparent authority, or color of law, of any foreign state; ``(ii) is directed against another individual in the offender's custody or physical control; and ``(iii) is not authorized by a previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples; and ``(B) does not include any such killing that, under international law, is lawfully carried out under the authority of a foreign state. ``(4) Genocide.--The term `genocide' means, whether in time of peace or in time of war, an act carried out, or an attempt to carry out an act, with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such, which-- ``(A) kills members of that group; ``(B) causes serious bodily injury to members of that group; ``(C) causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques; ``(D) subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part; ``(E) imposes measures intended to prevent births within the group; or ``(F) transfers by force children of the group to another group. ``(5) Piracy.--The term `piracy' means-- ``(A) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed-- ``(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft; or ``(ii) against a ship, aircraft, persons, or property in a place outside the jurisdiction of any country; ``(B) any act of voluntary participation in the operations of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft; or ``(C) any act of inciting or of intentionally facilitating an act described in subparagraph (A) or (B). ``(6) Slave trading.--The term `slave trading' includes-- ``(A) all acts involved in the capture, acquisition, or disposal of a person with intent to reduce such person to slavery; ``(B) all acts involved in the acquisition of a slave with a view to selling or exchanging such slave; ``(C) all acts of disposal by sale or exchange of a slave acquired with a view to being sold or exchanged; and ``(D) in general, every act of trade or transport of slaves. ``(7) Slavery.--The term `slavery' means the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. ``(8) Torture.-- ``(A) In general.--Notwithstanding the jurisdictional limitations referred to in subsection (a), the term `torture' means any act, carried out by an individual under actual or apparent authority, or color of law, of any foreign state, directed against another individual in the offender's custody or physical control, by which severe pain or suffering (other than pain or suffering arising only from or inherent in, or incidental to, lawful sanctions), whether physical or mental, is intentionally inflicted on that individual for such purposes as obtaining from that individual or a third person information or a confession, punishing that individual for an act that individual or a third person has committed or is suspected of having committed, intimidating or coercing that individual or a third person, or for any reason based on discrimination of any kind. ``(B) Mental pain or suffering.--In subparagraph (A), mental pain or suffering refers to prolonged mental harm caused by or resulting from-- ``(i) the intentional infliction or threatened infliction of severe physical pain or suffering; ``(ii) the administration or application, or threatened administration or application, of mind altering substances, or other procedures calculated to disrupt profoundly the senses or the personality; ``(iii) the threat of imminent death; or ``(iv) the threat that another individual will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or personality. ``(c) Liability for Damages.--Any defendant who is a direct participant acting with specific intent to commit a tort referred to in subsection (a) against an alien shall be liable for damages to that alien or to any person who may be a claimant in an action for the wrongful death of that alien. ``(d) Exhaustion of Remedies.--A district court shall abstain from the exercise of jurisdiction over a civil action described in subsection (a) if the claimant has not exhausted adequate and available remedies in the place in which the injury occurred. Adequate and available remedies include those available through local courts, claims tribunals, and similar legal processes. ``(e) Foreign Policy Interests of the United States.--No court in the United States shall proceed in considering the merits of a claim under subsection (a) if the President, or a designee of the President, adequately certifies to the court in writing that such exercise of jurisdiction will have a negative impact on the foreign policy interests of the United States. ``(f) Procedural Requirements.-- ``(1) Specificity.--In any action brought under this section, the complaint shall state with particularity specific facts that-- ``(A) describe each tort alleged to have been committed and demonstrate the reason or reasons why the tort action may be brought under this section, provided that if an allegation is made on information and belief, the complaint shall state with particularity all facts on which that belief is formed; and ``(B) demonstrate that the defendant had the specific intent to commit the tort alleged to have been committed. ``(2) Motion to dismiss.--In any action brought under this section, the court shall, on the motion of any defendant, dismiss the complaint if the requirements of subparagraphs (A) and (B) of paragraph (1) are not met. ``(3) Stay of discovery.--In any action brought under this section, all discovery related to the merits of the claim and other proceedings shall be stayed during the pendency of any motion to dismiss, unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. ``(4) Plaintiff identity.-- ``(A) Requirement.--Subject to subparagraph (B), in any action brought under this section, the first and last names of all plaintiffs shall be disclosed in the complaint filed with the court. ``(B) Exception.--A court may permit an anonymous filing of a complaint if a plaintiff's life or safety would be endangered by publicly disclosing the plaintiff's identity. ``(g) Fees.--Contingency fee arrangements are prohibited in any action brought under the jurisdiction provided in this section. ``(h) Statute of Limitations.--No action shall be maintained under this section unless it is commenced not later than 10 years from the date the injury occurred. ``(i) Application of Other Laws.--Nothing in this section may be construed to waive or modify the application of any provision of the Class Action Fairness Act of 2005 (Public Law 109-2; 119 Stat. 4) and any amendment made by that Act, or of title 28, United States Code, to any class action law suit brought under this section.''.

Alien Tort Statute Reform Act - Amends the federal judicial code to revise the alien tort (injury) statute. Grants exclusive, as well as original, jurisdiction to U.S. district courts over tort claims brought by aliens against U.S. individuals and business entities (e.g., corporations and partnerships). Specifies the torts that are actionable under the Act as torture, extrajudicial killing, genocide, piracy, slavery, or slave trading. Establishes as the legal standard for defendant liability under the Act direct participation with specific intent to commit the alleged tort. Requires courts to decline jurisdiction over an alien tort claim if: (1) the alien claimant has not exhausted adequate and available remedies in the place where the alleged tort occurred; or (2) the President certifies in writing that the exercise of jurisdiction will have a negative impact on U.S. foreign policy interests. Requires claims under the Act to be brought within 10 years from the date of the alleged tort.

A bill to amend title 28, United States Code, to clarify jurisdiction of Federal Courts over a tort action brought by an alien, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caribbean Coral Reef Protection Act''. SEC. 2. STATEMENT OF POLICY. It shall be the policy of the United States to-- (1) undertake the necessary measures to deny the Government of Cuba, the Cuban Communist Party, or any agent or instrumentality of either, the financial resources to engage in activities that threaten-- (A) United States national security, its interests, and its allies; (B) Florida's marine environment, including the third largest coral reef tract in the world; (C) the environment and natural resources of the submerged lands located off Cuba's coast; and (D) to prolong the dictatorship that oppresses the Cuban people; and (2) deter foreign investments that would enhance the ability of the Government of Cuba, or any agent or instrumentality thereof, to develop its petroleum resources. SEC. 3. EXCLUSION OF CERTAIN ALIENS. (a) In General.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is amended by inserting after section 401 the following new section: ``SEC. 402. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO CONTRIBUTE TO THE ABILITY OF CUBA TO DEVELOP PETROLEUM RESOURCES LOCATED OFF CUBA'S COAST. ``(a) In General.--The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who the Secretary of State determines is a person who-- ``(1) is an officer or principal of an entity, or a shareholder who owns a controlling interest in an entity, that, on or after January 10, 2005, has made or makes an investment that equals or exceeds $1,000,000 (or any combination of investments that in the aggregate equals or exceeds $1,000,000 in any 12-month period), that contributes to the enhancement of the ability of the Government of Cuba, or any agent or instrumentality thereof, to develop petroleum resources of the submerged lands located off Cuba's coast; or ``(2) is a spouse, minor child, or agent of a person described in paragraph (1). ``(b) Waiver.--The Secretary of State may waive the application of subsection (a) if the Secretary certifies and reports to the appropriate congressional committees, on a case-by-case basis, that the admission to the United States of a person described in subsection (a)-- ``(1) is necessary for critical medical reasons or for purposes of litigation of an action under title III of this Act; or ``(2) is appropriate if the requirements of sections 204, 205, and 206 of this Act have been satisfied. ``(c) Definitions.--In this section: ``(1) Agent and instrumentality.--The terms `agent' and `instrumentality' shall include the Cuban Communist Party. ``(2) Develop.--The term `develop', with respect to petroleum resources, means the exploration for, or the extraction, refining, or transportation by pipeline or other means of, petroleum resources. ``(3) Investment.--The term `investment' means any of the following activities if such activity is undertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that was or is entered into with the Government of Cuba (or any agency or instrumentality thereof) or a nongovernmental entity in Cuba, on or after January 10, 2005: ``(A) The entry into a contract that includes responsibility for the development of petroleum resources of the submerged lands located off Cuba's coast, or the entry into a contract providing for the general supervision and guarantee of another person's performance of such a contract. ``(B) The purchase of a share of ownership, including an equity interest, in such development. ``(C) The entry into a contract providing for the participation in royalties, earnings, or profits in such development, without regard to the form of the participation. ``(D) The entry into, performance, or financing of a contract to sell or purchase goods, services, or technology related to such development. ``(4) Petroleum resources.--The term `petroleum resources' includes petroleum and natural gas resources, petroleum by products, and liquified natural gas.''. (b) Effective Date.--The amendment made by this section shall apply to aliens seeking admission to the United States on or after the date of the enactment of this Act. SEC. 4. IMPOSITION OF SANCTIONS AND PROHIBITION ON FACILITATION OF DEVELOPMENT OF CUBA'S PETROLEUM RESOURCES. (a) In General.--If the President determines that a person has, on or after January 10, 2005, made an investment that equals or exceeds $1,000,000 (or any combination of investments that in the aggregate equals or exceeds $1,000,000 in any 12-month period) that contributes to the enhancement of the ability of the Government of Cuba, or any agent or instrumentality thereof, to develop petroleum resources of the submerged lands located off Cuba's coast, or has made an investment of any amount of money that contributes to such an enhancement and has trafficked in confiscated United States property, the President shall impose two or more of the following sanctions: (1) Prohibition on loans and guarantees.--Prohibit the issuance by the Overseas Private Investment Corporation, the Export-Import Bank, or any other United States instrument of any loan, guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to any sanctioned person. (2) Export sanction.--Prohibit the issuance by the United States Government of any specific license and or other specific permission or authority to export any goods or technology to a sanctioned person under-- (A) the Export Administration Act of 1979; (B) the Arms Export Control Act; (C) the Atomic Energy Act of 1954; or (D) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. (3) Prohibitions on financial institutions.--The following prohibitions may be imposed against a sanctioned person that is a financial institution: (A) Prohibition on designation as primary dealer.-- Prohibit the Board of Governors of the Federal Reserve System and the Federal Reserve Bank of New York from designating, or permitting the continuation of any prior designation of, such financial institution as a primary dealer in United States Government debt instruments. (B) Prohibition on service as a repository of government funds.--Prohibit such financial institution from serving as agent of the United States Government or serving as repository for United States Government funds. The imposition of either sanction under subparagraph (A) or (B) shall be treated as one sanction for purposes of this section, and the imposition of both such sanctions shall be treated as two sanctions for purposes of this section. (5) Procurement sanction.--Prohibit the United States Government from procuring, or entering into any contract for the procurement of, any goods or services from a sanctioned person. (b) Termination of Sanctions.--Sanctions imposed pursuant to subsection (a) shall terminate if the President determines and certifies to the appropriate congressional committees that the requirements of sections 204, 205, and 206 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6064, 6065, and 6066) have been satisfied. (c) Prohibition on Facilitation by United States Persons of Cuba's Ability to Develop Petroleum Resources.--It shall be unlawful for any United States person to provide materials, technical equipment, or other assistance that contributes to the enhancement of Cuba's ability to develop petroleum resources of the submerged lands located off Cuba's coast. (d) Reports by Secretary of State.--Not later than 180 days after the date of the enactment of this Act and every 180 days thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report relating to-- (1) investments that equal or exceed $1,000,000 (or any combination of investments that in the aggregate equals or exceeds $1,000,000 in any 12-month period) that contribute to the enhancement of the ability of the Government of Cuba, or any agent or instrumentality thereof, to develop petroleum resources of the submerged lands located off Cuba's coast, including information relating to the values of such investments, the identity of the persons making such investments, and proposed investments that would satisfy such criteria, and information relating to any sanctions that have been imposed pursuant to subsection (a) as a result of such investments; and (2) investments of any amount of money, in conjunction with trafficking in confiscated United States property, that contribute to such an enhancement, including information relating to the values of such investments, the identity of the persons making such investments, and the identity of such confiscated property, and information relating to any sanctions that have been imposed pursuant to subsection (a) as a result of such investments. (e) Assessments of Environmental Impacts of Development of Cuba's Petroleum Resources.-- (1) In general.--Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary of State, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall submit to the Committee on Foreign Affairs and the Committee on Natural Resources of the House of Representatives and the Committee on Foreign Relations and the Committee on Energy and Natural Resources of the Senate a report containing an assessment of the impact that the development of Cuba's petroleum resources has had on the environment and natural resources of the submerged lands located off Cuba's coast and Florida's marine environment. (2) Use of environmental impact statements.--In preparing the assessment, the Secretary of State shall use as a model environmental impact statements prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 5. DEFINITIONS. In this Act-- (1) the terms ``appropriate congressional committees'', ``confiscated'', ``person'', ``property'', and ``traffics'' have the meaning given such terms in section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023), except that the term ``person'' shall also include, for purposes of this section, a foreign subsidiary of a person; (2) the terms ``develop'', ``investment'', and ``petroleum resources'' have the meaning given such terms in section 402(c) of such Act, as added by section 3 of this Act; and (3) the terms ``agent'' and ``instrumentality'' shall include the Cuban Communist Party.

Caribbean Coral Reef Protection Act -States that it shall be U.S. policy to: (1) undertake measures to deny the government of Cuba, the Cuban Communist Party, or any of their instrumentalities the financial resources to engage in activities that threaten U.S. national security and other interests, threaten Cuba's environment and natural resources and Florida's marine environment, and prolong the dictatorship that oppresses the Cuban people; and (2) deter foreign investments that would enhance the Cuban regime's ability to develop its petroleum resources. Amends the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to exclude from U.S. entry an alien who: (1) is an officer or principal of an entity, or a shareholder who owns a controlling interest in an entity that makes an investment (as defined by this Act) of $1 million or more (or any combination of investments that equals or exceeds $1 million in any 12-month period), that significantly contributes to Cuba's ability to develop petroleum resources off its submerged lands; or (2) is a spouse, minor child, or agent of such person. Exempts on a case-by-case basis entries: (1) for medical reasons or property-related litigation; or (2) where a transition government is in place. Defines "investment" and "petroleum resources" for purposes of this Act. Directs the President to impose two or more specified export, procurement, financial institution, loan, or Export-Import Bank sanctions if the President determines that a person has made an investment of $1 million or more (or any combination of investments that in the aggregate equals or exceeds $1 million in any 12-month period) that contributes to the enhancement of Cuba's ability to develop petroleum resources off its submerged lands or has made an investment of any amount of money that contributes to such an enhancement and has trafficked in confiscated U.S. property. Makes it illegal for a U.S. person to facilitate Cuba's ability to develop petroleum resources off its submerged lands. Directs the Secretary of State to report annually respecting the impact of the development of Cuba's petroleum resources on the environment and natural resources of Cuba's submerged lands and Florida's marine environment.

To protect the environmental integrity of coral reefs and other coastal marine resources from exploration, development, and production activities for petroleum resources located in a maritime exclusive economic zone of the United States that is contiguous to a foreign exclusive economic zone.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Charitable IRA Rollover Act of 2003''. SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR CHARITABLE PURPOSES. (a) In General.--Subsection (d) of section 408 of the Internal Revenue Code of 1986 (relating to individual retirement accounts) is amended by adding at the end the following new paragraph: ``(8) Distributions for charitable purposes.-- ``(A) In general.--No amount shall be includible in gross income by reason of a qualified charitable distribution from an individual retirement account to an organization described in section 170(c). ``(B) Special rules relating to charitable remainder trusts, pooled income funds, and charitable gift annuities.-- ``(i) In general.--No amount shall be includible in gross income by reason of a qualified charitable distribution from an individual retirement account-- ``(I) to a charitable remainder annuity trust or a charitable remainder unitrust (as such terms are defined in section 664(d)), ``(II) to a pooled income fund (as defined in section 642(c)(5)), or ``(III) for the issuance of a charitable gift annuity (as defined in section 501(m)(5)). The preceding sentence shall apply only if no person holds an income interest in the amounts in the trust, fund, or annuity attributable to such distribution other than one or more of the following: the individual for whose benefit such account is maintained, the spouse of such individual, or any organization described in section 170(c). ``(ii) Determination of inclusion of amounts distributed.--In determining the amount includible in the gross income of any person by reason of a payment or distribution from a trust referred to in clause (i)(I) or a charitable gift annuity (as so defined), the portion of any qualified charitable distribution to such trust or for such annuity which would (but for this subparagraph) have been includible in gross income-- ``(I) shall be treated as income described in section 664(b)(1), and ``(II) shall not be treated as an investment in the contract. ``(iii) No inclusion for distribution to pooled income fund.--No amount shall be includible in the gross income of a pooled income fund (as so defined) by reason of a qualified charitable distribution to such fund. ``(C) Qualified charitable distribution.--For purposes of this paragraph, the term `qualified charitable distribution' means any distribution from an individual retirement account-- ``(i) which is made on or after the date that the individual for whose benefit the account is maintained has attained age 59\1/2\, and ``(ii) which is made directly from the account to-- ``(I) an organization described in section 170(c), or ``(II) a trust, fund, or annuity referred to in subparagraph (B). ``(D) Denial of deduction.--The amount allowable as a deduction under section 170 to the taxpayer for the taxable year shall be reduced (but not below zero) by the sum of the amounts of the qualified charitable distributions during such year which would be includible in the gross income of the taxpayer for such year but for this paragraph.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act.

Charitable IRA Rollover Act of 2003 - Amends the Internal Revenue Code to exempt from inclusion as income individual retirement account (IRA) distributions used for qualified charitable purposes. Sets forth related rules for charitable remainder trusts, pooled income funds, and charitable gift annuities.

A bill to amend the Internal Revenue Code of 1986 to waive the income inclusion on a distribution from an individual retirement account to the extent that the distribution is contributed for charitable purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Next Generation Technology Innovation Awards Act of 2000''. SEC. 2. NEXT-GENERATION TECHNOLOGY INNOVATION AWARDS FOR SCHOOLS. (a) In General.--Part B of title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6891 et seq.) is amended to read as follows: ``PART B--NEXT-GENERATION TECHNOLOGY INNOVATION AWARDS ``SEC. 3211. PURPOSE; PROGRAM AUTHORITY. ``(a) Purpose.--It is the purpose of this part to-- ``(1) expand the knowledge base about the use of the next generation of advanced computers and telecommunications in delivering new applications for teaching and learning; ``(2) address questions of national significance about the next generation of technology and its use to improve teaching and learning; and ``(3) develop, for wide-scale adoption by State educational agencies and local educational agencies, models of innovative and effective applications of technology to teaching and learning, such as high quality video, voice recognition devices, modeling and simulation software (particularly web- based software and intelligent tutoring), hand-held devices, and virtual reality and wireless technologies, which are aligned with challenging State academic content and student performance standards. ``(b) Program Authority.-- ``(1) In general.--The Secretary is authorized to award grants, contracts, and cooperative agreements on a competitive basis through the Office of Educational Technology to eligible applicants in order to carry out the purposes of this part. ``(2) Period of award.--A grant, contract, or cooperative agreement awarded under this part shall be for a period of not more than 5 years. ``SEC. 3212. ELIGIBILITY. ``(a) Eligible Applicants.--In order to receive an award under this part, an applicant shall be a consortium which includes-- ``(1) at least one State educational agency or local educational agency; and ``(2) at least one institution of higher education, for- profit entity, museum, library, or other public or private entity with a particular expertise that would assist the educational agency in carrying out the purposes of this part. ``(b) Application Requirements.--In order to receive an award under this part, an eligible applicant shall submit an application to the Secretary at such time, and containing such information, as the Secretary may require. Such application shall include-- ``(1) a description of the proposed project and how it would carry out the purposes of this part; and ``(2) a detailed plan for the independent evaluation of the project, which shall include benchmarks to monitor progress toward specific project objectives. ``(c) Priorities.--In making awards under this part, the Secretary may establish one or more priorities consistent with the objectives of this part, including the following: ``(1) A priority for projects which develop innovative models of effective use of educational technology, including the development of distance learning networks, software, (including software deliverable through the Internet), and online-learning resources. ``(2) A priority for projects serving more than one State and involving large-scale innovations in the use of technology in education. ``(3) A priority for projects which develop innovative models for serving traditionally underserved populations, including low-income students, students with disabilities, and students with limited English proficiency. ``(4) A priority for projects for which applicants provide substantial financial and other resources to achieve the goals of the project. ``(5) A priority for projects which develop innovative models for using electronic networks to provide challenging courses, such as Advanced Placement courses. ``(6) A priority for projects which establish high-speed, large bandwidth capacity Internet access. ``SEC. 3213. USES OF FUNDS. ``A recipient shall use funds awarded under this part to-- ``(1) develop new applications of educational technologies and telecommunications to support school reform efforts, such as wireless and web-based telecommunications, hand-held devices, web-based learning resources, distributed learning environments (including distance learning networks), and the development of educational software and other applications; ``(2) integrate technology across the curriculum of the State educational agency or the local educational agency (as the case may be); and ``(3) carry out other activities consistent with the purposes of this part, including the following: ``(A) Developing innovative models for improving teachers' ability to integrate technology effectively into course curriculum through sustained, intensive, and high-quality professional development. ``(B) Developing high-quality, standards-based digital content, including multimedia software, digital video, and web-based resources, including-- ``(i) new technological formats to facilitate better subject matter understanding in particularly challenging learning environments in areas such as physics, foreign languages, or Advanced Placement courses; ``(ii) computer modeling, visualization, and simulation tools; ``(iii) new methods for assessing student performance; ``(iv) web-based and other distance learning curricula and related materials, such as interoperable software components; ``(v) learning-focused digital libraries, information retrieval systems, and other designs for supporting broad re-use of learning content; and ``(vi) software which supports the development, modification, and maintenance of educational materials. ``(C) Using telecommunications and other technologies to make programs accessible to students with special needs (such as low-income students, students with disabilities, students in remote areas, and students with limited English proficiency) through such activities as using technology to support mentoring. ``(D) Providing classroom and extracurricular opportunities for female students to explore the different uses of technology and gain awareness of careers and opportunities in the technology field. ``(E) Promoting school-family partnerships, which may include services for adults and families, particularly parent education programs providing parents with training, information, and support on how to help their children achieve high academic standards. ``(F) Acquiring connectivity linkages, resources, distance learning networks, and services, including hardware and software, as needed to accomplish the goals of the project. ``(G) Collaborating with other technology research and development programs of the Secretary and the Federal government. ``SEC. 3214. EVALUATION ``The Secretary is authorized to-- ``(1) develop tools and provide resources for recipients of funds under this part to evaluate their activities; ``(2) provide technical assistance to assist recipients of funds under this part in evaluating their projects; ``(3) conduct independent evaluations of the activities assisted under this part; and ``(4) disseminate findings and methodologies from evaluations of activities assisted under this part, or other information obtained from such projects which would promote the design, replication, or implementation of effective models for evaluating the impact of educational technology on teaching and learning. ``SEC. 3215. LIMITATION ON ADMINISTRATIVE COSTS. ``A recipient of funds under this part may not use more than 3 percent of the funds awarded to the recipient for any fiscal year for administrative costs or technical assistance. ``SEC. 3216. NON-FEDERAL SHARE. ``(a) In General.--Subject to subsections (b) and (c), the Secretary may require any recipient of an award under this part to share in the cost of the activities assisted under such award, which may be in the form of cash or in-kind contributions fairly valued. ``(b) Increase.--The Secretary may increase the non-Federal share required of a recipient of an award under this part after the first year such recipient receives funds under such award. ``(c) Maximum.--The non-Federal share required under this section may not exceed 50 percent of the cost of the activities assisted pursuant to an award under this part. ``(d) Notice.--The Secretary shall publish in the Federal Register the non-Federal share required under this section. ``SEC. 3217. AUTHORIZATION OF APPROPRIATIONS. ``For purposes of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years.''. (b) Conforming Repeal of Former Program for National Challenge Grants.-- (1) In general.--Subpart 2 of part A of title III of such Act (20 U.S.C. 6841 et seq.) is amended-- (A) by striking section 3136; and (B) by redesignating section 3137 as section 3136. (2) Other conforming amendments.--Section 3114 of such Act (20 U.S.C. 6814) is amended-- (A) by striking subsection (b); (B) by redesignating paragraph (2) of subsection (a) as subsection (b) and moving such provision 2 ems to the left; (C) by redesignating paragraph (1) of subsection (a) as subsection (a) and moving such provision 2 ems to the left; (D) by striking ``(A)(i)'' and inserting ``(1)(A)''; (E) by striking ``(ii)'' and inserting ``(B)''; (F) by striking ``(B)'' and inserting ``(2)''; (G) by striking ``(C)'' and inserting ``(3)''; (H) in the heading, by striking ``; FUNDING RULE''; and (I) by striking ``(a) Authorization of Appropriations.--''.

Authorizes the Secretary of Education, through the Office of Educational Technology, to award grants, contracts, or cooperative agreements on a competitive basis to eligible applicants, which are consortia that include: (1) at least one State educational agency or local educational agency; and (2) at least one institution of higher education, for-profit entity, museum, library, other public or private entity with appropriate expertise. Sets forth requirements for applications, plans, priorities, uses of funds, and evaluation. Authorizes the Secretary to require a non-Federal share of up to 50 percent of the cost of activities assisted pursuant to such an award. Authorizes appropriations. Repeals provisions for a program of national challenge grants for technology in education.

Next Generation Technology Innovation Awards Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Targeted Use of Sanctions for Killing Elephants in Their Range Act of 2014''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) poaching of African elephants has increased dramatically since 2006, and has reached levels that threaten the continued existence of many elephant populations; (2) poaching of African elephants is being driven by increased demand for ivory in Asia, which has caused ivory prices to rise exponentially in recent years; (3) high ivory prices have drawn organized criminal elements into the illegal ivory trade, and it is widely recognized that transnational crime rings involved in trafficking in drugs, guns, and humans are also responsible for trafficking in large quantities of poached ivory from Africa to Asia; (4) there is significant evidence that terrorist and insurgent groups in Africa, including groups with ties to al- Qaeda, are financing their operations through the sale of illegal ivory; (5) the elephant poaching crisis has become so severe, and the tactics of poachers so sophisticated, that traditional approaches to conservation law enforcement intended to protect elephants in their habitat in Africa are failing; (6) a number of countries that serve as major source, transit, or destination points for illegal ivory have proven unable or unwilling to stop the product from coming across their borders; and (7) strategies to reduce demand for ivory through education and other nonbinding means are necessary, but not sufficient, to conserve African elephant populations. (b) Purpose.--The purpose of this Act is to provide a means by which the United States can affect demand for and illegal trafficking of African elephant ivory in other countries by requiring those countries to enter into consultations with the United States to end the illegal ivory trade, as a condition of continued access to United States markets for other natural resource products. SEC. 3. ILLEGAL IVORY TRADE DEFINED. Section 2305 of the African Elephant Conservation Act (16 U.S.C. 4244) is amended by redesignating paragraphs (5) through (13) as paragraphs (6) through (14), respectively, and by inserting after paragraph (4) the following: ``(5) Illegal ivory trade.--The term `illegal ivory trade' means any sale, purchase, barter, transit, or exchange of raw ivory or worked ivory that was taken in violation of the laws of an ivory producing country or of international wildlife trade agreements, including CITES.''. SEC. 4. AMENDMENT TO FINDINGS IN AFRICAN ELEPHANT CONSERVATION ACT. Section 2003 of the African Elephant Conservation Act (16 U.S.C. 4202) is amended by adding at the end the following: ``(10) Poaching and trafficking of wildlife has become a global crisis, funding organized criminal syndicates and terrorist organizations and harming elephant populations and local communities. African elephant ivory is at the center of this crisis, and immediate action is necessary to eliminate the demand for ivory and the profit incentive for poachers and traffickers.''. SEC. 5. STATEMENT OF POLICY. Section 2004 of the African Elephant Conservation Act (16 U.S.C. 4203) is amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and by inserting ``; and''; and (3) by adding at the end the following: ``(3) to prevent additional African elephant ivory from entering global commerce, and to reduce demand for ivory that is driving elephant poaching by limiting natural resources- related trade with countries whose nationals are engaged in illegal ivory trade.''. SEC. 6. CERTIFICATION UNDER FISHERMEN'S PROTECTIVE ACT OF 1967. Section 2202 of the African Elephant Conservation Act (16 U.S.C. 4222) is amended by adding at the end the following: ``(g) Certification.--Identification of a country by the CITES Standing Committee as a country of primary concern because it is a significant source or transit or destination point for illegal ivory trade is deemed to be a certification with respect to the country for the purposes of section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).''. SEC. 7. CONSULTATION AND SANCTION. (a) In General.--Part II of the African Elephant Conservation Act (16 U.S.C. 4221 et seq.) is amended by adding at the end the following: ``SEC. 2206. CONSULTATION AND SANCTION. ``(a) Consultation.--Not later than 30 days after a certification with respect to the country under section 2202(g), the President shall seek to enter into consultations with the government of the country for the purpose of obtaining an agreement that will immediately terminate all illegal ivory trade into, out of, or within that country. ``(b) Prohibition on Trade in Related Natural Resources.-- ``(1) In general.--If consultations with a government under subsection (a) are not satisfactorily concluded within 90 days or if a government refuses to enter into consultations, the President shall direct the Secretary to prohibit the importation into the United States of products of wildlife, fish, and plants from that country until the earlier of-- ``(A) the date an agreement with the country under subsection (a) is finalized; or ``(B) the date the CITES Standing Committee finds that the country is no longer a significant source or transit or destination point for illegal ivory trade. ``(2) Public notice.--The Secretary shall publish public notice of any prohibition under this subsection not later than 30 days before the effective date of the prohibition. ``(c) Determination of Effectiveness of Sanctions.--Not later than 180 days after the effective date of a prohibition under subsection (b), the Secretary shall determine and report to Congress whether-- ``(1) the prohibition is sufficient to cause the country to terminate illegal ivory trade into, out of, or within that country; and ``(2) that country has retaliated against the United States as a result of that prohibition.''. (b) Countries Identified Before Enactment.--In the case of a country that before the date of the enactment of this Act was identified by the CITES Standing Committee as a country of primary concern because it is a significant source or transit or destination point for illegal ivory trade and that the CITES Standing Committee continues to identify as such on the date of the enactment of this Act, the President shall seek to enter into consultations under the amendment made by subsection (a) by not later than 30 days after the date of the enactment of this Act.

Targeted Use of Sanctions for Killing Elephants in Their Range Act of 2014 - Amends the African Elephant Conservation Act to make it a policy to prevent additional African elephant ivory from entering global commerce, and to reduce demand for ivory that is driving elephant poaching by limiting natural resources-related trade with countries whose nationals are engaged in illegal ivory trade. Deems the identification of a country by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Standing Committee as a significant source or transit or destination point for illegal ivory trade to be a certification under the Fishermen's Protective Act of 1967 authorizing the President to prohibit the importation of such products from the offending country. Directs the President, within 30 days after receiving a certification, to enter into consultations with the offending country to obtain an agreement that terminates all illegal ivory trade into, out of, or within that country. Requires the President, if such consultations are not concluded within 90 days or if the country refuses to enter into consultations, to direct the Secretary of Commerce to prohibit the importation into the United States of wildlife, fish, and plant products from that country until the earlier of: the finalizing of the agreement, or a CITES Standing Committee finding that the country is no longer a significant source or transit or destination point for illegal ivory trade. Directs the Secretary, within 180 days after the prohibition, to determine whether: the prohibition is sufficient to cause the offending country to terminate illegal ivory trade, and that country has retaliated against the United States as a result of that prohibition.

Targeted Use of Sanctions for Killing Elephants in Their Range Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Tax Ban Extension and Improvement Act''. SEC. 2. 2-YEAR EXTENSION OF MORATORIUM. Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended-- (1) by striking ``2003--'' and inserting ``2005:''; (2) by striking paragraph (1) and inserting the following: ``(1) Taxes on Internet access.''; and (3) by striking ``multiple'' in paragraph (2) and inserting ``Multiple''. SEC. 3. EXCEPTIONS FOR CERTAIN TAXES. The Internet Tax Freedom Act (47 U.S.C. 151 note) is amended-- (1) by redesignating section 1104 as section 1105; and (2) by inserting after section 1103 the following: ``SEC. 1104. EXCEPTIONS FOR CERTAIN TAXES. ``(a) Pre-October, 1998, Taxes.--Section 1101(a) does not apply to a tax on Internet access (as that term was defined in section 1104(5) of this Act as that section was in effect on the day before the date of enactment of the Internet Tax Ban Extension and Improvement Act) that was generally imposed and actually enforced prior to October 1, 1998, if, before that date, the tax was authorized by statute and either-- ``(1) a provider of Internet access services had a reasonable opportunity to know by virtue of a rule or other public proclamation made by the appropriate administrative agency of the State or political subdivision thereof, that such agency has interpreted and applied such tax to Internet access services; or ``(2) a State or political subdivision thereof generally collected such tax on charges for Internet access. ``(b) Taxes on Telecommunications Services.--Section 1101(a) does not apply to a tax on Internet access that was generally imposed and actually enforced as of November 1, 2003, if, as of that date, the tax was authorized by statute and either-- ``(1) a provider of Internet access services had a reasonable opportunity to know by virtue of a rule or other public proclamation made by the appropriate administrative agency of the State or political subdivision thereof, that such agency has interpreted and applied such tax to Internet access services; or ``(2) a State or political subdivision thereof generally collected such tax on charges for Internet access service.''. SEC. 4. CHANGE IN DEFINITIONS OF INTERNET ACCESS SERVICE. (a) In General.--Paragraph (3)(D) of section 1101(e) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking the second sentence and inserting ``The term `Internet access service' does not include telecommunications services, except to the extent such services are purchased, used, or sold by an Internet access provider to connect a purchaser of Internet access to the Internet access provider.''. (b) Conforming Amendments.-- (1) Paragraph (2)(B)(i) of section 1105 of that Act, as redesignated by subsection (a), is amended by striking ``except with respect to a tax (on Internet access) that was generally imposed and actually enforced prior to October 1, 1998,''. (2) Internet access.--Paragraph (5) of section 1105 of that Act, as redesignated by subsection (a), is amended by striking the second sentence and inserting ``The term `Internet access' does not include telecommunications services, except to the extent such services are purchased, used, or sold by an Internet access provider to connect a purchaser of Internet access to the Internet access provider.''. (3) Paragraph (10) of section 1105 of that Act, as redesignated by subsection (a), is amended to read as follows: ``(10) Tax on internet access.-- ``(A) In general.--The term `tax on Internet access' means a tax on Internet access, regardless of whether such tax is imposed on a provider of Internet access or a buyer of Internet access and regardless of the terminology used to describe the tax. ``(B) General exception.--The term `tax on Internet access' does not include a tax levied upon or measured by net income, capital stock, net worth, or property value.''. SEC. 5. ACCOUNTING RULE. The Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by adding at the end the following: ``SEC. 1106. ACCOUNTING RULE. ``(a) In General.--If charges for Internet access are aggregated with and not separately stated from charges for telecommunications services or other charges that are subject to taxation, then the charges for Internet access may be subject to taxation unless the Internet access provider can reasonably identify the charges for Internet access from its books and records kept in the regular course of business. ``(b) Definitions.--In this section: ``(1) Charges for internet access.--The term `charges for Internet access' means all charges for Internet access as defined in section 1105(5). ``(2) Charges for telecommunications services.--The term `charges for telecommunications services' means all charges for telecommunications services except to the extent such services are purchased, used, or sold by an Internet access provider to connect a purchaser of Internet access to the Internet access provider.''. SEC. 6. EFFECT ON OTHER LAWS. The Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by section 4, is amended by adding at the end the following: ``SEC. 1107. EFFECT ON OTHER LAWS. ``(a) Universal Service.--Nothing in this Act shall prevent the imposition or collection of any fees or charges used to preserve and advance Federal universal service or similar State programs-- ``(1) authorized by section 254 of the Communications Act of 1934 (47 U.S.C. 254); or ``(2) in effect on February 8, 1996. ``(b) 911 and E-911 Services.--Nothing in this Act shall prevent the imposition or collection, on a service used for access to 911 or E- 911 services, of any fee or charge specifically designated or presented as dedicated by a State or political subdivision thereof for the support of 911 or E-911 services if no portion of the revenue derived from such fee or charge is obligated or expended for any purpose other than support of 911 or E-911 services. ``(c) Non-Tax Regulatory Proceedings.--Nothing in this Act shall be construed to affect any Federal or State regulatory proceeding that is not related to taxation.''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act take effect November 1, 2003.

Internet Tax Ban Extension and Improvement Act - Amends the Internet Tax Freedom Act to extend the ban on State taxation of Internet access and on multiple or discriminatory taxes on electronic commerce until November 1, 2005. Makes such tax ban inapplicable to a tax on Internet access that was generally imposed and enforced prior to October 1, 1998, if, before that date, the tax was authorized by statute and either: (1) a provider of Internet access services had a reasonable opportunity to know that an agency has interpreted and applied such tax to Internet access services; or (2) a State or political subdivision generally collected such tax on charges for Internet access. Applies the same rule for a tax on Internet access that was generally imposed and enforced as of November 1, 2003. Changes the definition of "Internet access service" to exclude telecommunications services (current law), except to the extent such services are purchased, used, or sold by an Internet access provider to connect a purchaser of Internet access to the Internet access provider. Changes the definition of "tax on Internet access" to: (1) mean a tax on Internet access regardless of whether such tax is imposed on a provider of Internet access or a buyer of Internet access and regardless of the terminology used to describe the tax; and (2) exclude a tax levied upon or measured by net income, capital stock, net worth, or property value. Permits subjecting Internet access charges to taxation if they are aggregated with telecommunications service charges and the provider cannot identify them from regular business records.

A bill to revive and extend the Internet Tax Freedom Act for 2 years, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``USA PATRIOT Reauthorization Act of 2009''. SEC. 2. USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT SUNSET PROVISIONS. (a) In General.--Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is amended by striking ``2009'' and inserting ``2013''. (b) Conforming Amendments.-- (1) In general.--Section 601(a)(1)(D) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(a)(1)(D)) is amended by striking ``section 501;'' and inserting ``section 502 or under section 501 pursuant to section 102(b)(2) the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1861 note);''. (2) Application under section 404 of the fisa amendments act of 2008.--Section 404(b)(4)(A) of the FISA Amendments Act of 2008 (Public Law 110-261; 122 Stat. 2477) is amended by striking the period at the end and inserting ``, except that paragraph (1)(D) of such section 601(a) shall be applied as if it read as follows: `(D) access to records under section 502 or under section 501 pursuant to section 102(b)(2) the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1861 note);'.''. (3) Effective date.--The amendments made by this subsection shall take effect on December 31, 2013. SEC. 3. EXTENSION OF SUNSET RELATING TO INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS. (a) In General.--Section 6001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 1801 note) is amended to read as follows: ``(b) Sunset.-- ``(1) Repeal.--Subparagraph (C) of section 101(b)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)), as added by subsection (a), is repealed effective December 31, 2013. ``(2) Transition provision.--Notwithstanding paragraph (1), subparagraph (C) of section 101(b)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) shall continue to apply after December 31, 2013, with respect to any particular foreign intelligence investigation or with respect to any particular offense or potential offense that began or occurred before December 31, 2013.''. (b) Conforming Amendment.-- (1) In general.--Section 601(a)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(a)(2)) is amended by striking the semicolon at the end and inserting ``pursuant to subsection (b)(2) of section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 1801 note);''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on December 31, 2013. SEC. 4. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS. Section 3511(b) of title 18, United States Code, is amended to read as follows: ``(b) Nondisclosure.-- ``(1) In general.-- ``(A) Notice.--If a recipient of a request or order for a report, records, or other information under section 2709 of this title, section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414), or section 802 of the National Security Act of 1947 (50 U.S.C. 436), wishes to have a court review a nondisclosure requirement imposed in connection with the request or order, the recipient shall notify the Government. ``(B) Application.--Not later than 30 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant request or order. An application under this subparagraph may be filed in the district court of the United States for any district within which the authorized investigation that is the basis for the request or order is being conducted. The applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement. ``(C) Consideration.--A district court of the United States that receives an application under subparagraph (B) should rule expeditiously, and shall, subject to paragraph (3), issue a nondisclosure order that includes conditions appropriate to the circumstances. ``(2) Application contents.--An application for a nondisclosure order or extension thereof under this subsection shall include a certification from the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation, or in the case of a request by a department, agency, or instrumentality of the Federal Government other than the Department of Justice, the head or deputy head of the department, agency, or instrumentality, containing a statement of specific facts indicating that, absent a prohibition of disclosure under this subsection, there may result-- ``(A) a danger to the national security of the United States; ``(B) interference with a criminal, counterterrorism, or counterintelligence investigation; ``(C) interference with diplomatic relations; or ``(D) danger to the life or physical safety of any person. ``(3) Standard.--A district court of the United States shall issue a nondisclosure requirement order or extension thereof under this subsection if the court determines, giving substantial weight to the certification under paragraph (2) that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period will result in-- ``(A) a danger to the national security of the United States; ``(B) interference with a criminal, counterterrorism, or counterintelligence investigation; ``(C) interference with diplomatic relations; or ``(D) danger to the life or physical safety of any person.''.

USA PATRIOT Reauthorization Act of 2009 - Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 to extend until December 31, 2013, provisions: (1) granting roving electronic surveillance authority; and (2) authorizing the production of tangible things (including books, records, papers, and documents) for foreign intelligence and international terrorism investigations. Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to extend until December 31, 2013, provisions revising the definition of an "agent of a foreign power" to include any non-U.S. person who engages in international terrorism or preparatory activities ("lone wolf" provision). Amends the federal criminal code to revise procedures for obtaining judicial review of national security letter nondisclosure orders. Allows the recipient of a nondisclosure order to request judicial review of the order and requires the government to respond by setting forth specific facts in a certification that justify the need for nondisclosure based upon national security and other concerns. Requires courts, in considering whether to grant a nondisclosure order, to give substantial weight to the facts alleged by the government in its certification. Repeals provisions granting government certifications a conclusive presumption of veracity.

A bill to safeguard intelligence collection and enact a fair and responsible reauthorization of the 3 expiring provisions of the USA PATRIOT Improvements and Reauthorization Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Obesity Prevention Act of 2008''. SEC. 2. FEDERAL TASK FORCE ON OBESITY; ADVISORY COMMITTEE ON OBESITY. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399S. OBESITY INITIATIVES. ``(a) Office of the National Coordinator of Obesity Initiatives.-- ``(1) Establishment.--There is established within the office of the Secretary the Office of the National Coordinator of Obesity Initiatives, to be headed by the National Coordinator of Obesity Initiatives. The National Coordinator shall be appointed by the Secretary and shall report directly to the Secretary. ``(2) Duties.--The duties of the National Coordinator of Obesity Initiatives shall include implementing and coordinating a national strategy to eliminate the occurrence of obesity in the United States. ``(b) Federal Task Force on Obesity.-- ``(1) Establishment.--The Secretary shall convene a Task Force on Obesity (referred to in this section as the `Task Force') to-- ``(A) establish a governmentwide strategy for preventing and reducing the rate of occurrence of obesity that includes defining clear roles, responsibilities, and accountability for all agencies of the Federal Government and determining what resources are necessary for preventing and reducing such rate of occurrence; ``(B) coordinate effective interagency actions and priorities for action among Federal agencies, including short-term and long-term goals for childhood and adult obesity rates; and ``(C) implement and evaluate the effectiveness of such strategy. ``(2) Membership.-- ``(A) In general.--The Task Force shall be composed of-- ``(i) the Secretary (or his or her designee) of-- ``(I) the Department of Health and Human Services; ``(II) the Department of Agriculture; ``(III) the Department of Education; ``(IV) the Federal Trade Commission; ``(V) the Department of Transportation; ``(VI) the Department of Defense; ``(VII) the Department of Veterans Affairs; ``(VIII) the Department of Interior; ``(IX) the Department of Labor; ``(X) the Department of Housing and Urban Development; and ``(XI) any other Federal agency that the chairperson determines appropriate; ``(ii) the Chairman (or his or her designee) of the Federal Communications Commission; and ``(iii) the National Coordinator of Obesity Initiatives. ``(B) Chairperson.--The chairperson of the Task Force shall be the National Coordinator of Obesity Initiatives. ``(3) Meetings.--The Task Force shall meet at the call of the chairperson. ``(4) Report.--Not later than January 1, 2010, and on an annual basis thereafter through January 1, 2015, the Task Force shall submit to the President and to the relevant committees of Congress, a report that-- ``(A) describes the activities and efforts to prevent and reduce the rate of occurrence of obesity conducted by the Task Force during the year to which the report relates; and ``(B) evaluates the effectiveness of such activities and efforts to prevent and reduce the rate of occurrence of obesity. ``(c) Advisory Committee on Obesity.-- ``(1) Establishment.--The Secretary may establish an advisory committee to be known as the Advisory Committee on Obesity to provide recommendations to the Task Force for purposes of establishing the governmentwide strategy under subsection (a)(1). ``(2) Membership.-- ``(A) In general.--In the case the Secretary established the Advisory Committee on Obesity, such committee shall be composed of 7 members, to be appointed by the Secretary, of whom there shall be one representative from each of the following communities: ``(i) State and local governments. ``(ii) Schools. ``(iii) Community and religious groups. ``(iv) The business community, including the food and beverage industry and farmers. ``(v) Insurance companies. ``(vi) Researchers and scientists. ``(B) Terms.--The members of the Advisory Committee shall serve for such term as the Secretary may specify. ``(C) Chairperson.--The Chairperson of the Advisory Committee shall be the National Coordinator of Obesity Initiatives. ``(3) Meetings.--The Advisory Committee shall meet once per year and at such other times as the Advisory Committee may provide. ``(4) Advisory panels.--Each member of the Advisory Committee may consult with an advisory panel composed of persons from the community of such member, with respect to recommendations for a national strategy to combat obesity. ``(d) Obesity Defined.--For purposes of this section, the term `obesity' shall have the meaning given such term by the Centers of Disease Control and Prevention.''. SEC. 3. FEDERAL AGENCY REVIEWS TO COMBAT OBESITY. (a) Reviews and Reports by Federal Agencies Required.-- (1) Reviews.--Not later than 6 months after the date of the enactment of this Act and on an annual basis thereafter, the head of each Federal agency shall conduct a review of the programs and budgets of such agency to determine how such programs and budgets impact physical activity, nutrition, and the rate of occurrence of obesity (as defined in section 399S(c) of the Public Health Service Act, as added by section 2) among people in the United States. Based on the findings of each such review of a Federal agency, the head of such agency shall determine ways in which the agency should adopt aspects of the governmentwide strategy established under section 399S(a)(1) of the Public Health Service Act, as added by section 2, and implement such aspects as appropriate. (2) Reports.--Not later than 12 months after the date of the completion of a review under paragraph (1) by a Federal agency, the head of the agency shall submit to Congress a report on the results of such review, including any aspects of the governmentwide strategy described in such paragraph that are determined should be adopted by the agency and any such aspects that have been implemented by the agency since the previous review conducted by the agency under this subsection. (b) GAO Report.--Not later than 12 months and annually thereafter, the Comptroller General shall submit to Congress a report that contains the results of a review conducted by the Comptroller General of the programs and budgets of each Federal agency to determine how such programs and budgets impact physical activity, nutrition, and the rate of occurrence of obesity (as so defined) among people in the United States.

National Obesity Prevention Act of 2008 - Amends the Public Health Service Act to establish the Office of the National Coordinator of Obesity Initiatives. Requires the National Coordinator to implement and coordinate a national strategy to eliminate the occurrence of obesity in the United States. Requires the Secretary of Health and Human Services to convene a take force on obesity to: (1) establish and implement a government-wide strategy for preventing and reducing obesity; and (2) coordinate effective interagency actions and priority for action among federal agencies. Allows the Secretary to establish the Advisory Committee on Obesity to provide recommendations to the task force for purposes of establishing such a strategy. Directs the head of each federal agency to: (1) conduct a review to determine how agency programs and budgets impact physical activity, nutrition, and obesity in the United States; and (2) determine ways in which the agency should adopt aspects of the strategy established under this Act. Requires the Comptroller General to review the programs and budgets of each federal agency to determine how programs and budgets impact physical activity, nutrition, and obesity in the United States.

To amend the Public Health Service Act to provide coordinated leadership in Federal efforts to prevent and reduce obesity and to promote sound health and nutrition among Americans, and for other purposes.

SECTION 1. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES. Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended to read as follows: ``SEC. 216. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES. ``(a) Policy.--It is the policy of the United States that the national interstate transmission system should be guided by the goal of maximizing the net benefits of the electricity system, taking into consideration-- ``(1) support for the development of new, cleaner power generation capacity, including renewable energy generation located distant from load centers; ``(2) opportunities for reduced emissions from regional power production; ``(3) transmission needs driven by public policy requirements established by State or Federal laws (including regulations); ``(4) cost savings resulting from-- ``(A) reduced transmission congestion; ``(B) enhanced opportunities for intraregional and interregional electricity trades; ``(C) reduced line losses; ``(D) generation resource-sharing; and ``(E) enhanced fuel diversity; ``(5) reliability benefits, including satisfying reliability standards and guidelines for resource adequacy and system security; ``(6) diversification of risk relating to events affecting fuel supply or generating resources in a particular region; ``(7) the enhancement of competition in electricity markets and mitigation of market power; ``(8) the ability to collocate facilities on existing rights-of-way; ``(9) competing land use priorities, including land protected under Federal or State law; ``(10) the requirements of section 217(b)(4); and ``(11) the contribution of demand side management (including energy efficiency and demand response), energy storage, distributed generation resources, and smart grid investments. ``(b) Definitions.--In this section: ``(1) High-priority regional transmission project.--The term `high-priority regional transmission project' means an overhead, submarine, or underground transmission facility, including conductors or cables, towers, manhole duct systems, reactors, capacitors, circuit breakers, static VAR compensators, static synchronous compensators, power converters, transformers, synchronous condensers, braking resistors, and any ancillary facilities and equipment necessary for the proper operation of the facility, that is selected in a regional transmission plan for the purposes of cost allocation under Order Number 1000 of the Commission (or any successor order), including an interregional project selected under that plan. ``(2) Indian land.--The term `Indian land' means land-- ``(A) the title to which is held by the United States in trust for an Indian tribe or individual Indian; or ``(B) that is held by an Indian tribe or individual Indian subject to a restriction by the United States against alienation or encumbrance. ``(3) Indian tribe.--The term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(c) Siting.-- ``(1) Purposes.--The purpose of this subsection is to ensure that high-priority regional transmission projects are in the public interest and advance the policy established under subsection (a). ``(2) State review of project siting.-- ``(A) In general.--No developer of a high-priority regional transmission project may seek a certificate for construction under subsection (d) unless the developer first seeks authorization to construct the high-priority regional transmission project under applicable State law concerning authorization and routing of transmission facilities. ``(B) Federal authority.--The Commission may authorize, in accordance with subsection (d), construction of a high-priority regional transmission project that the Commission finds to be required by the present or future public convenience and necessity and in accordance with this section if-- ``(i) a State-- ``(I) fails to approve construction and authorize routing of a high- priority regional transmission project not later than 1 year after the date the applicant submits a completed application for authorization to the State; ``(II) rejects or denies the application for a high-priority regional transmission project; ``(III) authorizes the high- priority regional transmission project subject to conditions that unreasonably interfere with the development of a high-priority regional transmission project contrary to the purposes of this section; or ``(IV) does not have authority to approve the siting of the high-priority regional transmission project; or ``(ii) the developer seeking a certificate for construction under subsection (d) does not qualify to apply for State authorization to construct a high-priority regional transmission project because the developer does not serve end-users in the State. ``(d) Construction.-- ``(1) Application for certificate.-- ``(A) In general.--An applicant for a high-priority regional transmission project may apply to the Commission for a certificate of public convenience and necessity with respect to construction of the high- priority regional transmission project only under a circumstance described in subsection (c)(2)(B). ``(B) Form.--The application for a certificate shall be made in writing in such form and containing such information as the Commission may by regulation require. ``(C) Hearing.--On receipt of an application under this paragraph, the Commission-- ``(i) shall provide public notice and opportunity for hearing; and ``(ii) may approve (with or without conditions) or disapprove the application, in accordance with paragraph (2). ``(D) Administration.-- ``(i) In general.--The Commission shall act as the lead agency for purposes of coordinating all applicable Federal authorizations and related environmental reviews for a high- priority regional transmission project under this section. ``(ii) Coordination.--To the maximum extent practicable, the Commission shall-- ``(I) coordinate the Federal authorization and related environmental review process with any Indian tribe, multistate entity, or State agency responsible for conducting any separate permitting or environmental review of a high-priority regional transmission project; and ``(II) ensure timely and efficient review and permit decisions. ``(iii) Timeline.--The Commission, in consultation with the applicable agencies described in clause (ii)(I) and consistent with applicable law, shall establish a coordinated project plan with milestones for all Federal authorizations described in clause (i). ``(2) Grant of certificate.-- ``(A) In general.--A certificate shall be issued to a qualified applicant for a certificate authorizing the whole or partial operation, construction, acquisition, or modification covered by the application, if the Commission determines that the proposed operation, construction, acquisition, or modification, to the extent authorized by the certificate, is required by the present or future public convenience and necessity. ``(B) Terms and conditions.--The Commission shall have the power to attach to the issuance of a certificate under this paragraph and to the exercise of the rights granted under the certificate such reasonable terms and conditions as the public convenience and necessity may require. ``(C) Record of state proceeding.--Any party, including the State, to a State proceeding in which an application for a high-priority regional transmission project was rejected or denied may file with the Commission for its consideration any portion of the record of the State proceeding. ``(D) Public convenience and necessity.--In making a determination with respect to public convenience and necessity, the Commission shall consider whether the facilities covered by an application are included in an Interconnection-wide transmission grid plan for a high- priority regional transmission project. ``(3) Right of eminent domain.--If any holder of a certificate issued under paragraph (2) cannot acquire by contract, or is unable to agree with the owner of property on the compensation to be paid for, the necessary right-of-way to construct, operate, and maintain the high-priority regional transmission project to which the certificate relates, and the necessary land or other property necessary to the proper operation of the high-priority regional transmission project, the holder may acquire the right-of-way by the exercise of the right of eminent domain in-- ``(A) the United States district court for the district in which the property is located; or ``(B) a State court. ``(4) Federal, state and tribal recommendations.--In granting a certificate under paragraph (2), the Commission shall-- ``(A) seek from Federal resource agencies, State regulatory agencies, and affected Indian tribes recommended mitigation measures, based on habitat protection, environmental considerations, or cultural site protection; and ``(B)(i) incorporate those identified mitigation measures as conditions to the certificate; or ``(ii) if the Commission determines that a recommended mitigation measure is inconsistent with the purposes of this section or with other applicable provisions of law, is infeasible or not cost-effective, or for any other reason-- ``(I) consult with the Federal resource agency, State regulatory agency, and affected Indian tribe to seek to resolve the issue; ``(II) incorporate as conditions to the certificate such recommended mitigation measures as are determined to be appropriate by the Commission, based on those consultations and the record before the Commission; and ``(III) if, after consultation, the Commission does not adopt in whole or in part a recommendation of an agency or affected Indian tribe, publish a statement of a finding that the adoption of the recommendation is infeasible, not cost-effective, or otherwise inconsistent with this section or other applicable provisions of law. ``(5) State or local authorizations.--An applicant receiving a certificate under this subsection with respect to construction or modification of a high-priority regional transmission project in a State shall not be required to obtain a separate siting authorization from the State or any local authority within the State. ``(6) Rights-of-way over indian land.--Notwithstanding paragraph (3), in the case of siting, construction, operation, and maintenance of a transmission facility to be located on or over Indian land, a certificate holder under this section shall comply with the requirements of Federal law for obtaining rights-of-way on or over Indian land. ``(e) Relationship to Other Laws.-- ``(1) In general.--Except as specifically provided in this section, nothing in this section affects any requirement of an environmental or historic preservation law of the United States, including-- ``(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ``(B) the Wilderness Act (16 U.S.C. 1131 et seq.); or ``(C) the National Historic Preservation Act (16 U.S.C. 470 et seq.). ``(2) State law.--Nothing in this section precludes any person from constructing or modifying any transmission facility in accordance with State law. ``(f) Applicability.-- ``(1) Project developers.--Nothing in this section precludes the development, subject to applicable regulatory requirements, of transmission projects that are not selected in a regional transmission plan. ``(2) Exclusions.--This section does not apply in the State of Alaska or Hawaii or to the Electric Reliability Council of Texas.''.

This bill amends the Federal Power Act to declare U.S. policy regarding the national interstate electricity transmission system, and to ensure that high-priority regional transmission (HPRT) projects are in the public interest. The bill prohibits a project developer from seeking a certificate for construction without first seeking authorization under applicable state law. The Federal Energy Regulatory Commission (FERC) may authorize HPRT project construction found to be required by public convenience and necessity if the state: fails to approve the project, rejects the project application, has no authority to approve the project siting, or authorizes the project subject to conditions that unreasonably interfere with an HPRT project. FERC is designated the lead agency to coordinate both federal authorizations and related environmental reviews for an HPRT project. FERC shall: (1) coordinate the federal authorization and related environmental review process with any Indian tribe, multistate entity, or state agency responsible for separate permitting or environmental review of a project; and (2) ensure timely and efficient review and permit decisions. FERC must incorporate into the certificate certain mitigation measures recommended by federal and state agencies, including affected Indian tribes. Excludes from coverage by this Act Alaska, Hawaii, and the Electric Reliability Council of Texas.

A bill to amend the Federal Power Act to improve the siting of interstate electric transmission facilities, and for other purposes.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Economic Insurance Tax Cut of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Section 15 Not To Apply.--No amendment made by this Act shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 2. 10-PERCENT INCOME TAX RATE BRACKET FOR INDIVIDUALS. (a) Rates for 2001.--Section 1 (relating to tax imposed) is amended by striking subsections (a) through (d) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $19,000............... 10% of taxable income. Over $19,000 but not over $45,200. $1,900, plus 15% of the excess over $19,000. Over $45,200 but not over $109,250. $5,830, plus 28% of the excess over $45,200. Over $109,250 but not over $166,500. $23,764, plus 31% of the excess over $109,250. Over $166,500 but not over $297,350. $41,511.50, plus 36% of the excess over $166,500. Over $297,350.................. $88,617.50, plus 39.6% of the excess over $297,350. ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $14,250............... 10% of taxable income. Over $14,250 but not over $36,250. $1,425, plus 15% of the excess over $14,250. Over $36,250 but not over $93,650. $4,725, plus 28% of the excess over $36,250. Over $93,650 but not over $151,650. $20,797, plus 31% of the excess over $93,650. Over $151,650 but not over $297,350. $38,777, plus 36% of the excess over $151,650. Over $297,350.................. $91,229, plus 39.6% of the excess over $297,350. ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads of Households).--There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $9,500................ 10% of taxable income. Over $9,500 but not over $27,050. $950, plus 15% of the excess over $9,500. Over $27,050 but not over $65,550. $3,582.50, plus 28% of the excess over $27,050. Over $65,550 but not over $136,750. $14,362.50, plus 31% of the excess over $65,550. Over $136,750 but not over $297,350. $36,434.50, plus 36% of the excess over $136,750. Over $297,350.................. $94,250.50, plus 39.6% of the excess over $297,350. ``(d) Married Individuals Filing Separate Returns.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $9,500................ 10% of taxable income. Over $9,500 but not over $22,600. $950, plus 15% of the excess over $9,500. Over $22,600 but not over $54,625. $2,915, plus 28% of the excess over $22,600. Over $54,625 but not over $83,250. $11,882, plus 31% of the excess over $54,625. Over $83,250 but not over $148,675. $20,755.75, plus 36% of the excess over $83,250. Over $148,675.................. $44,308.75, plus 39.6% of the excess over $148,675.''. (b) Inflation Adjustment To Apply in Determining Rates for 2002.-- Subsection (f) of section 1 is amended-- (1) by striking ``1993'' in paragraph (1) and inserting ``2001'', (2) by striking ``1992'' in paragraph (3)(B) and inserting ``2000'', and (3) by striking paragraph (7). (c) Conforming Amendments.-- (1) The following provisions are each amended by striking ``1992'' and inserting ``2000'' each place it appears: (A) Section 25A(h). (B) Section 32(j)(1)(B). (C) Section 41(e)(5)(C). (D) Section 42(h)(3)(H)(i)(II). (E) Section 59(j)(2)(B). (F) Section 63(c)(4)(B). (G) Section 68(b)(2)(B). (H) Section 132(f)(6)(A)(ii). (I) Section 135(b)(2)(B)(ii). (J) Section 146(d)(2)(B). (K) Section 151(d)(4). (L) Section 220(g)(2). (M) Section 221(g)(1)(B). (N) Section 512(d)(2)(B). (O) Section 513(h)(2)(C)(ii). (P) Section 685(c)(3)(B). (Q) Section 877(a)(2). (R) Section 911(b)(2)(D)(ii)(II). (S) Section 2032A(a)(3)(B). (T) Section 2503(b)(2)(B). (U) Section 2631(c)(2). (V) Section 4001(e)(1)(B). (W) Section 4261(e)(4)(A)(ii). (X) Section 6039F(d). (Y) Section 6323(i)(4)(B). (Z) Section 6334(g)(1)(B). (AA) Section 6601(j)(3)(B). (BB) Section 7430(c)(1). (2) Subclause (II) of section 42(h)(6)(G)(i) is amended by striking ``1987'' and inserting ``2000''. (d) Additional Conforming Amendments.-- (1) Section 1(g)(7)(B)(ii)(II) is amended by striking ``15 percent'' and inserting ``10 percent''. (2) Section 1(h) is amended by striking paragraph (13). (3) Section 3402(p)(1)(B) is amended by striking ``7, 15, 28, or 31 percent'' and inserting ``5, 10, 15, 28, or 31 percent''. (4) Section 3402(p)(2) is amended by striking ``15 percent'' and inserting ``10 percent''. (e) Determination of Withholding Tables.--Section 3402(a) (relating to requirement of withholding) is amended by adding at the following new paragraph: ``(3) Changes made by section 2 of the economic insurance tax cut of 2001.--Notwithstanding the provisions of this subsection, the Secretary shall modify the tables and procedures under paragraph (1) through the reduction of the amount of withholding required with respect to taxable years beginning in calendar year 2001 to reflect the effective date of the amendments made by section 2 of the Economic Insurance Tax Cut of 2001, and such modification shall take effect on the first day of the first month beginning after the date of the enactment of such Act.'' (f) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2000. (2) Amendments to withholding provisions.--The amendments made by paragraphs (3) and (4) of subsection (d) shall apply to amounts paid after December 31, 2000.

Economic Insurance Tax Cut of 2001 - Amends the Internal Revenue Code to add a 10-percent income tax rate bracket.

A bill to amend the Internal Revenue Code of 1986 to provide for a 10-percent income tax rate bracket, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Americans Giving Care to Elders (AGE) Act of 2013''. SEC. 2. CREDIT FOR ELDERCARE EXPENSES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. EXPENSES FOR ELDERCARE. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are 1 or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the eldercare expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(2) Applicable percentage defined.--For purposes of paragraph (1), the term `applicable percentage' means 20 percent reduced (but not below zero) by 1 percentage point for each $4,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $120,000. ``(b) Definitions of Qualifying Individual and Eldercare Expenses.--For purposes of this section-- ``(1) Qualifying individual.--The term `qualifying individual' means the father or mother of the taxpayer or an ancestor of such father or mother, who requires assistance with activities of daily living. ``(2) Eldercare expenses.-- ``(A) In general.--The term `eldercare expenses' means amounts paid for expenses for the care of a qualifying individual. ``(B) Care centers.--Eldercare expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a care center (as defined in subparagraph (C)) shall be taken into account only if such center complies with all applicable laws and regulations of a State or unit of local government. ``(C) Care center defined.--For purposes of this paragraph, the term `care center' means any facility which-- ``(i) provides care for more than six individuals, and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(c) Dollar Limit on Amount Creditable.-- ``(1) In general.--The amount of the eldercare expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed $6,000. ``(2) Coordination with dependent care assistance exclusion.--The dollar amount in paragraph (1) shall be reduced by the aggregate amount excluded from gross income under section 129 for the taxable year. ``(d) Special Rules.--For purposes of this section-- ``(1) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(2) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(3) Identifying information required with respect to qualifying individuals.--No credit shall be allowed under subsection (a) with respect to any qualifying individual unless the taxpayer identification number of such individual is included on the return claiming the credit. ``(4) Married couples must file joint return.--Rules similar to the rules of paragraphs (2) and (3) of section 21(e) shall apply. ``(e) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any amount with respect to which a credit is allowed under section 21. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Expenses for eldercare.''. (c) Conforming Amendments.-- (1) Section 213(e) of the Internal Revenue Code of 1986 is amended-- (A) by inserting ``or section 25E'' after ``section 21'', and (B) by inserting ``and Elders'' after ``Certain Dependents'' in the heading. (2) Section 6213(g)(2) of such Code is amended-- (A) by inserting ``, section 25E (relating to expenses for care of elders),'' after ``(relating to expenses for household and dependent care services necessary for gainful employment)'' in subparagraph (H), and (B) by inserting ``25E,'' after ``24,'' in subparagraph (L). (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. EXTENSION AND INCREASE IN FUNDING FOR THE NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM. (a) In General.--Section 303(e) of the Older Americans Act of 1965 (42 U.S.C. 3023(e)) is amended-- (1) by striking paragraphs (1) and (2) and inserting the following: ``(1) There is authorized to be appropriated to carry out part E (relating to family caregiver support) $187,000,000 for each of fiscal years 2014, 2015, 2016, and 2017.''; (2) in paragraph (3), by striking ``paragraphs (1) and (2)'' and inserting ``paragraph (1)''; and (3) by redesignating paragraph (3) as paragraph (2). (b) Conforming Amendment.--Section 373(f)(1)(A) of the Older Americans Act of 1965 (42 U.S.C. 3030s-1(f)(1)(A)) is amended by striking ``fiscal years 2007, 2008, 2009, 2010, and 2011'' and inserting ``fiscal years 2014, 2015, 2016, and 2017''. SEC. 4. NATIONAL RESOURCE CENTER ON FAMILY CAREGIVING. (a) In General.--Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the following: ``SEC. 423. NATIONAL RESOURCE CENTER ON FAMILY CAREGIVING. ``(a) Definitions.--In this section: ``(1) Public or private nonprofit entity.--The term `public or private nonprofit entity' means-- ``(A) a State, a political subdivision of a State, or an agency or instrumentality of such a State or political subdivision; or ``(B) a nonprofit entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. ``(2) State.--The term `State' means 1 of the 50 States. ``(b) Establishment.--The Secretary of Health and Human Services shall award a grant to or enter into a cooperative agreement with a public or private nonprofit entity to establish a National Resource Center on Family Caregiving (referred to in this section as the `Center'). ``(c) Purposes of National Resource Center.--The Center shall-- ``(1) identify, develop, and disseminate information on best practices for and evidence-based models of family caregiver support programs; ``(2) provide timely information on policy and program updates relating to family caregivers; ``(3) partner with related organizations to disseminate practical strategies and tools to support families in their caregiving roles; ``(4) convene educational programs and web-based seminars on family caregiver issues and program development; and ``(5) provide a comprehensive Internet website with a national searchable database on family caregiver programs and resources in the States. ``(d) Authorization.--There is authorized to be appropriated to carry out this section $12,000,000 for the period of fiscal years 2014 through 2017.''. (b) Technical Amendments.-- (1) Section 431(a) of such Act (42 U.S.C. 3033(a)) is amended by striking ``or contract'' the first place it appears and inserting ``or contract (including a cooperative agreement)''. (2) Section 432(a) of such Act (42 U.S.C. 3033a(a)) is amended by striking ``and contracts'' and inserting ``and contracts (including cooperative agreements)''.

Americans Giving Care to Elders (AGE) Act of 2013 - Amends the Internal Revenue Code to allow caregivers a tax credit for up to $6,000 of the eldercare expenses incurred for their parents (or ancestors of such parents). Amends the Older Americans Act of 1965 to: (1) increase and extend funding for the National Family Caregiver Support Program through FY2017, and (2) require the Secretary of Health and Human Services (HHS) to award a grant to or enter into a cooperative agreement with a public or private nonprofit entity to establish a National Resource Center on Family Caregiving to provide information on and support for family caregiver support programs.

Americans Giving Care to Elders (AGE) Act of 2013

SECTION 1. SHORT TITLE; SENSE OF CONGRESS. (a) Short Title.--This Act may be cited as the ``Veteran-Centered Access to Coordinated Health Care Act of 2014''. (b) Sense of Congress.--It is the sense of Congress that-- (1) veterans who are authorized by the Secretary of Veterans Affairs to receive health care in the community must not lose the high quality, safety, care coordination, and other veteran-centric elements that the health care system of the Department of Veterans Affairs provides; (2) many veterans receive health care from both the Department and community providers but the lack of care coordination among the Department and community providers when veterans receive purchased care places veterans at risk for poor health outcomes and results in inefficient use of finite health care resources; (3) veteran-centric care coordination is associated with improved patient outcomes, as Department and non-Department health care teams coordinate and collaborate to provide the best care for veterans; and (4) if the Secretary purchases care for veterans from the private sector, such care must be secured in a cost-effective manner, in a way that complements the larger health care system of the Department by using industry standards for care and costs. SEC. 2. COMPREHENSIVE CONTRACT CARE COORDINATION PROGRAM FOR VETERANS. (a) In General.-- (1) Type of care.--Subsection (a) of section 1703 of title 38, United States Code, is amended to read as follows: ``(a)(1) The Secretary shall provide an eligible veteran with covered health services that are provided by a non-Department entity whom the Secretary enters into a contract with under this section if the Secretary determines that facilities of the Department are not capable of-- ``(A) economically furnishing covered health services to such veteran because of geographical inaccessibility; or ``(B) furnishing covered health services to such veteran because such facilities lack-- ``(i) the required personnel who are appropriately trained and experienced; or ``(ii) the ability to provide timely and reasonable access. ``(2) Except as otherwise provided by this chapter or other law, the Secretary shall ensure that health care provided to a veteran under this title by a non-Department entity, including under the Patient- Centered Community Care program or any other care-coordination program, is provided in accordance with this section. ``(3) The Secretary shall provide covered health services pursuant to this chapter at a location that is in accordance with the following priority: ``(A) A facility of the Department. ``(B) A facility of a department or agency of the Federal Government, or of a university, that the Secretary has entered into a sharing agreement with respect to providing such health services. ``(C) A non-Department facility in accordance with this section. ``(D) A non-Department facility in accordance with a provision of law other than this section. ``(4) The Secretary shall ensure that veterans who receive health care under this title from a non-Department entity are able to efficiently reenter the health care system of the Department, including by coordinating care. ``(5) In this subsection: ``(A) The term `covered health services' means, with respect to an eligible veteran, any hospital care, medical service, rehabilitative service, or preventative health service that is authorized to be provided by the Secretary to the veteran under this chapter or any other provision of law. ``(B) The term `eligible veteran' means a veteran enrolled in the health care system established under section 1705(a) of this title who elects to receive care under this section.''. (2) Qualified entities; care coordination.--Such section is amended by adding at the end the following new subsections: ``(e) The Secretary shall enter into a contract with a non- Department entity under this section. The Secretary shall ensure that the resources of the Department are not used to duplicate administrative functions and information technology systems that are provided by the non-Department entity under such a contract. A non- Department entity shall be eligible for such a contract if the entity demonstrates experience with respect to-- ``(1) the ability to provide non-Department health care services to veterans; ``(2) meeting or exceeding internal credentialing standards of the Department and standards of the Utilization Review Accreditation Commission; ``(3) having care coordinators who help veterans make, confirm, and keep medical appointments; ``(4) having the ability to obtain clinical information from non-Department entities and submit such information to the Department; ``(5) having-- ``(A) experience using an information technology system that-- ``(i) has the ability to track and monitor veterans that is accessible by employees of the Department using a portal on an Internet website; and ``(ii) allows veterans to file complaints; and ``(B) the ability to respond to potential quality indicators and patient safety events; and ``(6) having the experience and ability to-- ``(A) process claims in the provider network; ``(B) bill a third party (as defined in section 1725(f)(2) of this title) for care provided under this section, as appropriate; and ``(C) transmit directly to the Secretary any amounts received pursuant to subparagraph (B). ``(f) In carrying out this section, the Secretary shall ensure the following: ``(1) With respect to each medical center of the Department, the Secretary is consistent in determining the eligibility of veterans under subsection (a). ``(2) The Secretary requires care coordinators of a non- Department entity described in subsection (e)(3) who will coordinate care of a veteran by the entity with a care coordinator of the Department. ``(3) The Department and a non-Department entity under this section exchange clinical information to improve both clinical decisionmaking and the care a veteran receives. ``(4) Both non-Department facilities under this section and Department facilities meet performance metrics regarding-- ``(A) the quality of health care provided; ``(B) the satisfaction of veterans; ``(C) clinical information return within 30 days of a health care visit of a patient; ``(D) a no-show rate at a rate less than the industry standard; ``(E) claims being paid within 30 days; ``(F) timely access to health care, including initial appointments occurring less than 30 days after being requested; ``(G) cost effectiveness; and ``(H) sufficient volume and case mix to ensure cost-effective vendor prices. ``(g)(1) Not later than October 31 of each year, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on care provided under this section, including-- ``(A) the cost to the Department; ``(B) the number of veterans receiving care under this section as compared to the number of veterans receiving care from non-Department facilities under other provisions of law; ``(C) the quality of such care and the satisfaction of such veterans; ``(D) the performance metrics under subsection (f)(4); and ``(E) other matters the Secretary considers appropriate. ``(2) Not later than March 1 of each odd-numbered year, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the allocation of resources with respect to care provided by the Department and by non-Department facilities.''. (3) Effective date.--The amendments made by this subsection shall take effect 180 days after the date of the enactment of this Act. (b) Reauthorization of Project Arch.--Section 403 of the Veterans' Mental Health and Other Care Improvements Act of 2008 (Public Law 110- 387; 38 U.S.C. 1703 note) is amended-- (1) in subsection (a)(3), by striking ``A veteran'' and inserting ``Except as provided by subsection (i), a veteran''; and (2) by adding at the end the following new subsection: ``(i) Reauthorization.-- ``(1) Recommencement.--Not later than 90 days after the date of the enactment of the Veteran-Centered Collaborative Health Care Act of 2014, the Secretary shall again commence the conduct of the pilot program under subsection (a)(1). ``(2) Program locations.--Notwithstanding subsection (a)(4), the Secretary shall carry out the pilot program pursuant to paragraph (1) within each Veterans Integrated Service Network. ``(3) Appointments.--In carrying out the pilot program pursuant to paragraph (1), the Secretary shall ensure that medical appointments for veterans occur during the 30-day period beginning on the date that is 15 days after the date on which the appointment is requested. ``(4) Outreach.--The Secretary shall ensure that a veteran eligible for the pilot program carried out pursuant to paragraph (1) is informed of such program. ``(5) Termination.--The authority of the Secretary to carry out the pilot program pursuant to paragraph (1) shall terminate on the date that is three years after the date on which the Secretary commences such program under such paragraph.''.

Veteran-Centered Access to Coordinated Health Care Act of 2014 - Directs the Secretary of Veterans Affairs (VA) to provide certain enrolled veterans with health services (authorized hospital care or medical, rehabilitative, or preventive health services) that are provided by a non-VA provider with whom the Secretary enters into a contract if the Secretary determines that VA facilities are incapable of furnishing such services because of: (1) geographical inaccessibility; or (2) a lack of required personnel or ability to provide timely and reasonable access. Specifies the order of priority of locations for such non-VA providers. Sets forth requirements concerning VA care coordination with such providers and provider performance metrics. Amends the Veterans' Mental Health and Other Care Improvements Act of 2008 to reauthorize, for three years, a VA pilot program of contract care authority within each Veterans Integrated Service Network for the health care needs of veterans in highly rural areas.

Veteran-Centered Access to Coordinated Health Care Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Raechel and Jacqueline Houck Safe Rental Car Act of 2012''. SEC. 2. APPLICATION OF MOTOR VEHICLE SAFETY STANDARDS TO CAR RENTAL COMPANIES. (a) Covered Rental Vehicle and Rental Company Defined.--Section 30102(a) of title 49, United States Code, is amended-- (1) by redesignating paragraphs (1) through (11) as paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (12), and (13), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: ``(1) `covered rental vehicle' means a motor vehicle that-- ``(A) is rated at 26,000 pounds gross vehicle weight or less; ``(B) is rented without a driver for an initial term of less than 4 months; and ``(C) is part of a motor vehicle fleet of 5 or more motor vehicles that is used for rental purposes by a rental company.''; and (3) by inserting after paragraph (10) (as so redesignated) the following: ``(11) `rental company' means a person who-- ``(A) is engaged in the business of renting covered rental vehicles; and ``(B) uses for rental purposes a motor vehicle fleet of 5 or more covered rental vehicles.''. (b) Notification by Rental Companies to Renters.-- (1) In general.--Section 30119 of such title is amended by adding at the end the following: ``(g) Notification by Rental Company to Renter.--A rental company that receives a notification required under section 30118 of this title that includes the vehicle identification number of a covered rental vehicle during a period in which the vehicle is rented shall, as soon as practicable, contact the renter of the vehicle and any authorized driver of the vehicle for whom the rental company has immediate contact information to inform the renter and authorized driver of the defect or noncompliance.''. (2) Regulations.--The Secretary of Transportation may not begin any process to promulgate regulations under subsection (g) of such section, as added by paragraph (1), until the date that is 3 years after the date of the enactment of this Act. (c) Limitation on Sales, Leases, or Rentals by Rental Companies.-- Section 30120(i) of such title is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A)-- (i) by inserting ``, or the manufacturer has provided to a rental company notification about a covered rental vehicle (including the vehicle identification number for such vehicle) in the company's possession at the time of notification,'' after ``time of notification''; and (ii) by striking ``the dealer may sell or lease'' and inserting ``the dealer or rental company may sell, lease, or rent''; and (B) in subparagraph (A), by striking ``under the sale or lease'' and inserting ``under the sale, lease, or rental agreement''; (2) in paragraph (2), by inserting ``or rental company'' after ``a dealer''; and (3) in the subsection heading by striking ``or Lease'' and inserting ``, Lease, or Rental''. (d) Prohibition on Making Safety Devices and Elements Inoperative.--Section 30122(b) of such title is amended by inserting ``rental company,'' after ``dealer,'' both places it appears. (e) Inspections, Investigations, and Records.-- (1) Matters that can be inspected and impoundment.-- Subsection (c)(2) of section 30166 of such title is amended by striking ``or dealer'' both places it appears and inserting ``dealer, or rental company''. (2) Records and making reports.--Subsection (e) of such section is amended by striking ``or dealer'' each place it appears and inserting ``dealer, or rental company''. (3) Providing copies of communications about defects and noncompliance.--Subsection (f) of such section is amended by inserting ``rental companies or other'' after ``dealers or to''. (f) Research Authority.--The Secretary of Transportation may conduct a study of the effectiveness of the amendments made by this section and of other activities of rental companies (as defined in section 30102(a) of title 49, United States Code, as added by subsection (a)(2)) related to their use and disposition of motor vehicles that are the subject of a notification required under section 30118 of title 49, United States Code. (g) Effective Date.--The amendments made by this section shall take effect on the date that is 60 days after the date of enactment of this Act.

Raechel and Jacqueline Houck Safe Rental Car Act of 2012 - Requires a rental company that receives a Secretary of Transportation (DOT) ordered notification from the manufacturer of a covered rental vehicle of equipment defect, or noncompliance with federal motor vehicle safety standards, during the vehicle rental period to contact the renter and any authorized driver of the vehicle about the defect or noncompliance. Covers a rental vehicle: (1) rated at 26,000 pounds gross vehicle weight or less, (2) rented without a driver for an initial term of under 4 months, and (3) that is part of a motor vehicle fleet of 5 or more motor vehicles used for rental purposes by a rental company. Authorizes a rental company that receives notification of a defect or the noncompliance of a new vehicle or new replacement vehicle equipment in the company's possession to rent such vehicle or equipment only if the defect or noncompliance is remedied. Prohibits a rental company from knowingly making inoperable any safety devices or elements of design installed on or in a compliant motor vehicle or vehicle equipment unless the company reasonably believes such vehicle or equipment will not be used when the devices or elements are inoperable. Authorizes the Secretary, upon request, to inspect records of a rental company with respect to a safety investigation. Authorizes the Secretary to require a rental company to keep records or make reports for purposes of compliance with federal motor vehicle safety orders or regulations. Authorizes the Secretary to study the effectiveness of the amendments made by this Act and of other activities of rental companies.

A bill to amend title 49, United States Code, to prohibit rental of motor vehicles under a safety recall because of a defect related to motor vehicle safety or noncompliance with an applicable motor vehicle safety standard until the defect or noncompliance is remedied, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Work and Family Integration Act''. SEC. 2. FLEXIBLE AND COMPRESSED SCHEDULES AND REHIRING PREFERENCE. The Fair Labor Standards Act of 1938 is amended by inserting after section 13 (29 U.S.C. 213) the following new sections: ``SEC. 13A. FLEXIBLE AND COMPRESSED SCHEDULES. ``(a) Purpose.--The purpose of this section is to balance the demands of workplaces with the needs of families in the United States. ``(b) Compressed Schedules.-- ``(1) In general.--Notwithstanding any other provision of law, an employer may establish programs that allow the use of a compressed schedule that consists of-- ``(A) in the case of a schedule of a full-time employee, a 160-hour basic work requirement, over a 4- week period, that is scheduled for less than 20 workdays; and ``(B) in the case of a schedule of a part-time employee, a basic work requirement of less than 160 hours, over a 4-week period, that is scheduled for less than 20 workdays. ``(2) Overtime compensation provisions.--Section 7 and any other provision of law that relates to premium pay for overtime work shall not apply to the hours that constitute such a compressed schedule. ``(3) Computation of overtime.--In the case of any full- time employee, hours worked in excess of such a compressed schedule shall be overtime hours and shall be paid for as provided by the applicable provisions referred to in paragraph (2). In the case of any part-time employee on such a compressed schedule, overtime pay shall begin to be paid after the same number of hours of work after which a full-time employee on a similar schedule would begin to receive overtime pay. ``(c) Flexible Schedules.-- ``(1) In general.--Notwithstanding any other provision of law, an employer may establish programs that allow the use of flexible schedules that include-- ``(A) designated hours and days during which an employee on such a schedule must be present for work; and ``(B) designated hours during which an employee on such a schedule may elect the time of the arrival of such employee at and departure of such employee from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday. ``(2) Overtime compensation provisions.--For purposes of determining compensation for overtime hours in the case of an employee participating in a program under this subsection-- ``(A) the employer may, on request of the employee, grant the employee compensatory time off in lieu of payment for such overtime hours, whether or not irregular or occasional in nature and notwithstanding section 7 or any other provision of law; or ``(B) the employee shall be compensated for such overtime hours in accordance with such provisions, as applicable. ``(3) Computation of overtime.--Notwithstanding the provisions of law referred to in paragraph (2)(A), an employee shall not be entitled to be compensated for credit hours worked except to the extent such employee is allowed to have such hours taken into account with respect to the basic work requirement of the employee. ``(4) Accumulation and compensation.-- ``(A) Accumulation.--A full-time employee on a flexible schedule under this subsection can accumulate not more than 48 credit hours, and a part-time employee can accumulate not more than \1/4\ of the hours in the basic work requirement, over a 4-week period, of the employee, for carryover from a 4-week period to a succeeding 4-week period for credit to the basic work requirement for such period. ``(B) Compensation.--Any employee who is on a flexible schedule program under this subsection and who is no longer subject to such a program shall be paid at the then current rate of basic pay of the employee for-- ``(i) in the case of a full-time employee, not more than 48 credit hours accumulated by such employee; or ``(ii) in the case of a part-time employee, the number of credit hours (not in excess of \1/4\ of the hours in the basic work requirement, over a 4-week period, of the employee) accumulated by such employee. ``(d) Participation.-- ``(1) In general.--Except as provided in paragraph (3), no employee may be required to participate in a program described in this section. ``(2) Prohibition of coercion.-- ``(A) An employer may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any employee for the purpose of interfering with such employee's rights under this section to elect a time of arrival or departure, to elect or not to elect to work a compressed work schedule, to work or not to work credit hours, or to request or not to request compensatory time off in lieu of payment for overtime hours. ``(B) For the purpose of subsection (A), the term `intimidate, threaten, or coerce' includes, but is not limited to, promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).'' ``(3) Collective bargaining agreement.--In a case in which a valid collective bargaining agreement exists, an employee may only be required to participate in such a program in accordance with the agreement. ``(e) Application of Programs in the Case of Collective Bargaining Agreements.-- ``(1) Applicable requirements.--In the case of employees in a unit represented by an exclusive representative, any flexible or compressed schedule described in subsection (b) or (c), respectively, and the establishment and termination of any such schedule, shall be subject to the provisions of this section and the terms of a collective bargaining agreement between the employer and the exclusive representative. ``(2) Inclusion of employees.--Employees within a unit represented by an exclusive representative shall not be included within any program under this section except to the extent expressly provided under a collective bargaining agreement between the employer and the exclusive representative. ``(3) Collective bargaining agreements.--Nothing in this section shall be construed to diminish the obligation of an employer to comply with any collective bargaining agreement or any employment benefits program or plan that provides lesser or greater rights to employees than the benefits established under this section. ``(f) Definitions.-- ``(1) Basic work requirement.--The term `basic work requirement' means the number of hours, excluding overtime hours, that an employee is required to work or is required to account for by leave or otherwise. ``(2) Collective bargaining.--The term `collective bargaining' means the performance of the mutual obligation of the representative of an employer and the exclusive representative of employees in an appropriate unit to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting such employees and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but the obligation referred to in this paragraph does not compel either party to agree to a proposal or to make a concession. ``(3) Collective bargaining agreement.--The term `collective bargaining agreement' means an agreement entered into as a result of collective bargaining. ``(4) Credit hours.--The term `credit hours' means any hours, within a flexible schedule established under subsection (c), that are in excess of the basic work requirement of an employee and that the employee elects to work so as to vary the length of a workweek or a workday. ``(5) Employee.--The term `employee' means an employee, as defined in section 3, except that the term shall not include an employee, as defined in section 6121(2) of title 5, United States Code. ``(6) Employer.--The term `employer' means an employer, as defined in section 3, except that the term shall not include any person acting in relation to an employee, as defined in section 6121(2) of title 5, United States Code. ``(7) Exclusive representative.--The term `exclusive representative' means any labor organization that-- ``(A) is certified as the exclusive representative of employees in an appropriate unit pursuant to Federal law; or ``(B) was recognized by an employer immediately before the date of enactment of this section as the exclusive representative of employees in an appropriate unit-- ``(i) on the basis of an election; or ``(ii) on any basis other than an election; and continues to be so recognized. ``(8) Overtime hours.--The term `overtime hours'-- ``(A) when used with respect to flexible schedule programs under subsection (c), means all hours in excess of 8 hours in a day or 40 hours in a week that are officially ordered in advance, but does not include credit hours; and ``(B) when used with respect to compressed schedule programs under subsection (b), means any hours in excess of the specified hours that constitute the compressed schedule. ``SEC. 13B. PRIORITY REHIRING. ``(a) Priority.-- ``(1) In general.--Notwithstanding the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), or any other provision of law, if an employee of an employer takes a period of not more than 5 years to care for a son, daughter or parent of the employee, the employer may give priority treatment to the former employee in a hiring decision after the family care period. ``(2) No basis for violation or action.--Notwithstanding any other provision of law, priority treatment to a former employee as described in paragraph (1)(B) that is provided by an employer in a manner consistent with this section shall not constitute a violation by the employer of, or serve as a basis for an action against an employer by another individual under, the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, or any other provision of law. ``(b) Relationship to Leave.--Nothing in this section shall be construed to affect any leave benefit available under other law. ``(c) Effect on Benefits.--Nothing in this section shall be construed to entitle any rehired employee to-- ``(1) the accrual of any seniority or employment benefits during any family care period; or ``(2) any right, benefit, or position of employment other than any right, benefit, or position to which the employee was entitled prior to taking the family care period. ``(d) Periodic Reports.--Nothing in this section shall be construed to prohibit an employer from requiring a former employee to report periodically to the employer on the status and intention of the former employee to apply for reemployment with the employer. ``(e) Collective Bargaining Agreements.--Nothing in this section shall be construed to diminish the obligation of an employer to comply with any collective bargaining agreement or any employment benefits program or plan that provides lesser or greater rights to employees than the benefits established under this section. ``(f) Definitions.--As used in this section: ``(1) Employment benefits.--The term `employment benefits' means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an `employee benefit plan', as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)). ``(2) Family care period.--The term `family care period' means a period of not more than 5 years during which an individual who was an employee cares for a son, daughter, or parent of the employee, as described in subsection (a)(1). ``(3) Former employee.--The term `former employee' means an individual who-- ``(A) was an employee; and ``(B) is taking a family care period. ``(4) Parent.--The term `parent' means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was under 18 years of age. ``(5) Rehired employee.--The term `rehired employee' means an individual who-- ``(A) was the employee of an employer; and ``(B) has been rehired by the employer after taking a family care period. ``(6) Son or daughter.--The term `son or daughter' means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is-- ``(A) under 6 years of age; or ``(B) 6 years of age or older and incapable of self-care because of a mental or physical disability. ``(g) Effective Dates.--This section shall take effect 6 months after the date of enactment of this section.''. SEC. 3. FAIR LABOR STANDARDS EXEMPTIONS. (a) Employees Subject to Certain Leave Policies.--Section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) is amended by inserting before the semicolon at the end thereof the following: ``, regardless of whether or not such executive, administrative, professional, or outside sales employee-- ``(A) is subject to reductions-- ``(i) in accrued leave of any type; or ``(ii) in pay because of an absence of the employee and because-- ``(I) the accrued leave of the employee was exhausted, or ``(II) the employee chose to be absent without charging the accrued leave of the employee, regardless of the length of the leave or absence for which the reductions are to be made, or ``(B) is subject to employer management policies or practices with respect to-- ``(i) the recording of hours worked, ``(ii) the establishment of regular working hours, ``(iii) compensation of any type (irrespective of the amount or method of determination) that is above the salaried level for a work week or work period, and ``(iv) suspension from work without pay for disciplinary purposes''. (b) Effective Date.--The amendment made by subsection (a) shall apply to an employee (described in such amendment) before, on, and after the date of enactment of this Act unless-- (1) an action was brought in a court involving the application of section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) to the employee; and (2) a final judgment has been entered in the action on or before the date of enactment of this Act. SEC. 4. CONFORMING AMENDMENT TO TITLE 5, UNITED STATES CODE. Section 6121(5) of title 5, United States Code, is amended to read as follows: ``(5) `compressed schedule' means-- ``(A) in the case of a schedule of a full-time employee, a 160-hour basic work requirement, over a 4- week period, that is scheduled for less than 20 workdays, and ``(B) in the case of a schedule of a part-time employee, a basic work requirement, over a 4-week period, of less than 160 hours, that is scheduled for less than 20 workdays;''.

Work and Family Integration Act - Amends the Fair Labor Standards Act of 1938 to revise the 40-hour maximum workweek provision to allow employees to work flexible work schedules of 160 hours in any combination over a four-week period before employers would have to pay overtime compensation. Allows employees to request, and employers to provide, compensatory time-and-a-half off in lieu of compensatory overtime pay. Requires that any flexible work arrangement be agreed upon by both the employee and the employer, without coercion. Provides that collective bargaining agreements would remain unaffected. Allows former employees a priority in rehiring if they take time off for up to five years in order to take care of their children or parents. Provides that such an employee's priority treatment may not be used as a basis for an action against the employer for violation of Federal equal protection laws. Revises the salaried employee overtime exemption to allow flexible work schedules under such exemption. Amends Federal civil service law to revise the definition of compressed schedule to conform with that under this Act.

Work and Family Integration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Closing Regulatory Loopholes Act of 2011''. SEC. 2. CONGRESSIONAL REVIEW OF AGENCY GUIDANCE DOCUMENTS. (a) Definitions.--Chapter 8 of title 5, United States Code, is amended by striking section 804 and inserting the following: ``Sec. 804. Definitions ``In this chapter-- ``(1) the term `Federal agency' means any agency as that term is defined under section 551(1); ``(2) the term `guidance document' means an agency statement of general applicability and future effect, other than a regulatory action, that sets forth a policy on a statutory, regulatory or technical issue or an interpretation of a statutory or regulatory issue; ``(3) the term `major guidance document' means any guidance document that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in-- ``(A) an annual effect on the economy of $100,000,000 or more; ``(B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or ``(C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; ``(4) the term `major rule' means-- ``(A) any rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in-- ``(i) an annual effect on the economy of $100,000,000 or more; ``(ii) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or ``(iii) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; and ``(B) does not include any rule promulgated under the Telecommunications Act of 1996 and the amendments made by that Act; ``(5) the term `regulatory action' means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking; and ``(6) the term `rule' has the meaning given such term in section 551, except that such term does not include-- ``(A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefor, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing; ``(B) any rule relating to agency management or personnel; or ``(C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.''. (b) Application to Guidance Documents.--Chapter 8 of title 5, United States Code, is amended-- (1) in section 801-- (A) in subsection (a)(1)-- (i) in subparagraph (A)-- (I) by inserting ``or guidance document'' after ``rule'' each place that term appears; and (II) by inserting ``or major guidance document'' after ``major rule''; (ii) by striking subparagraph (B) and inserting the following: ``(B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule or guidance document shall submit to the Comptroller General and make available to each House of Congress-- ``(i) in the case of a rule-- ``(I) a complete copy of the cost- benefit analysis of the rule, if any; ``(II) the agency's actions relevant to sections 603, 604, 605, 607, and 609; ``(III) the agency's actions relevant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; ``(ii) in the case of a guidance document, any relevant agency actions; and ``(iii) any other relevant information or requirements under any other Act and any relevant Executive orders.''; and (iii) in subparagraph (C), by inserting ``or guidance document'' after ``rule''; (B) in subsection (a) (2), (3), (4), and (5)-- (i) by inserting ``or guidance document'' after ``rule'' each place that term appears; and (ii) by inserting ``or major guidance document'' after ``major rule each place that term appears''; and (C) in subsections (b) through (g)-- (i) by inserting ``or guidance document'' after ``rule'' each place that term appears; and (ii) by inserting ``or major guidance document'' after ``major rule''; and (2) in section 802-- (A) in subsection (a) by inserting ``or in the case of a guidance document `That Congress disapproves the guidance document submitted by the __ relating to __, and such guidance document shall have no force or effect.' (The blank spaces being appropriately filled in)'' before the period; (B) in subsection (b)(2)(B), by inserting ``or guidance document'' after ``rule''; and (C) in subsection (e), by inserting ``or guidance document'' after ``rule''; (3) in section 803(a)-- (A) by inserting ``or guidance document'' after ``rule''; and (B) by inserting ``or guidance document's'' after ``rule's''; (4) in section 807, by inserting ``or guidance documents'' after ``rules''; (5) in section 808-- (A) by striking the section heading and inserting the following: ``Sec. 808. Effective date of certain rules or guidance documents''; and (B) by inserting ``or guidance document'' after ``rule'' each place that term appears; and (6) in the table of sections by striking the item relating to section 808 and inserting the following: ``Sec. 808. Effective date of certain rules or guidance documents.''.

Closing Regulatory Loopholes Act of 2011 - Requires federal agency guidance documents and major guidance documents to be submitted for congressional review prior to implementation. Defines: (1) "guidance document" as an agency statement of general applicability and future effect that sets forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue; and (2) "major guidance document" as a guidance document that has resulted in or is likely to result in an annual effect on the economy of $100 million or more, a major increase in costs or prices, or a significant adverse effect on competition, employment, investment, productivity, or innovation.

A bill to amend chapter 8 of title 15, United States Code, to provide for congressional review of agency guidance documents.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Truck Fuel Savings Demonstration Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) diesel fuel prices have increased more than 50 percent during the 1-year period between May 2007 and May 2008; (2) laws governing Federal highway funding effectively impose a limit of 80,000 pounds on the weight of vehicles permitted to use highways on the Interstate System; (3) the administration of that provision in many States has forced heavy tractor-trailer and tractor-semitrailer combination vehicles traveling in those States to divert onto small State and local roads on which higher vehicle weight limits apply under State law; (4) the diversion of those vehicles onto those roads increases fuel costs because of increased idling time and total travel time along those roads; and (5) permitting heavy commercial vehicles, including tanker trucks carrying hazardous material and fuel oil, to travel on Interstate System highways when fuel prices are high would provide significant savings in the transportation of goods throughout the United States. SEC. 3. DEFINITIONS. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of Transportation of a State. (2) Covered interstate system highway.-- (A) In general.--The term ``covered Interstate System highway'' means a highway designated as a route on the Interstate System. (B) Exclusion.--The term ``covered Interstate System highway'' does not include any portion of a highway that, as of the date of the enactment of this Act, is exempt from the requirements of subsection (a) of section 127 of title 23, United States Code, pursuant to a waiver under that subsection. (3) Interstate system.--The term ``Interstate System'' has the meaning given the term in section 101(a) of title 23, United States Code. SEC. 4. WAIVER OF HIGHWAY FUNDING REDUCTION RELATING TO WEIGHT OF VEHICLES USING INTERSTATE SYSTEM HIGHWAYS. (a) Prohibition Relating to Certain Vehicles.--Notwithstanding section 127(a) of title 23, United States Code, the total amount of funds apportioned to a State under section 104(b)(1) of that title for any period may not be reduced under section 127(a) of that title if a State permits a vehicle described in subsection (b) to use a covered Interstate System highway in the State in accordance with the conditions described in subsection (c). (b) Combination Vehicles in Excess of 80,000 Pounds.--A vehicle described in this subsection is a vehicle having a weight in excess of 80,000 pounds that-- (1) consists of a 3-axle tractor unit hauling a single trailer or semitrailer; and (2) does not exceed any vehicle weight limitation that is applicable under the laws of a State to the operation of the vehicle on highways in the State that are not part of the Interstate System, as those laws are in effect on the date of enactment of this Act. (c) Conditions.--This section shall apply at any time at which the weighted average price of retail number 2 diesel in the United States is $3.50 or more per gallon. (d) Effective Date and Termination.--This section shall not remain in effect-- (1) after the date that is 2 years after the date of enactment of this Act; or (2) before the end of that 2-year period, after any date on which the Secretary of Transportation-- (A) determines that-- (i) operation of vehicles described in subsection (b) on covered Interstate System highways has adversely affected safety on the overall highway network; or (ii) a Commissioner has failed faithfully to use the highway safety committee as described in section 6(2)(A) or to collect the data described in section 6(3); and (B) publishes the determination, together with the date of termination of this section, in the Federal Register. (e) Consultation Regarding Termination for Safety.--In making a determination under subsection (d)(2)(A)(i), the Secretary of Transportation shall consult with the highway safety committee established by a Commissioner in accordance with section 6. SEC. 5. GAO TRUCK SAFETY DEMONSTRATION REPORT. The Comptroller General of the United States shall carry out a study of the effects of participation in the program under section 4 on the safety of the overall highway network in States participating in that program. SEC. 6. RESPONSIBILITIES OF STATES. For the purpose of section 4, a State shall be considered to meet the conditions under this section if the Commissioner of the State-- (1) submits to the Secretary of Transportation a plan for use in meeting the conditions described in paragraphs (2) and (3); (2) establishes and chairs a highway safety committee that-- (A) the Commissioner uses to review the data collected pursuant to paragraph (3); and (B) consists of representatives of-- (i) agencies of the State that have responsibilities relating to highway safety; (ii) municipalities of the State; (iii) organizations that have evaluation or promotion of highway safety among the principal purposes of the organizations; and (iv) the commercial trucking industry; and (3) collects data on the net effects that the operation of vehicles described in section 4(b) on covered Interstate System highways have on the safety of the overall highway network, including the net effects on single-vehicle and multiple- vehicle collision rates for those vehicles.

Commercial Truck Fuel Savings Demonstration Act of 2008 - Prohibits any reduction of an apportionment of federal-aid highway funds to a state that allows the operation of certain commercial truck vehicles weighing over 80,000 pounds on Interstate System highways in the state when the weighted average retail price of retail number 2 diesel in the United States is $3.50 or more per gallon. Requires the Comptroller General to study the effects on the overall highway safety in participating states.

A bill to permit commercial trucks to use certain highways of the Interstate System to provide significant savings in the transportation of goods throughout the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human-Powered Travel in Wilderness Areas Act''. SEC. 2. RETURNING HUMAN-POWERED TRAVEL TO WILDERNESS AREAS. (a) Definitions.--In this section: (1) Local official.--The term ``local official'' means the officer or employee who is the head of a unit or jurisdiction of, as applicable-- (A) the Bureau of Land Management; (B) the National Park Service; (C) the Forest Service; or (D) the United States Fish and Wildlife Service. (2) Nonmotorized.--The term ``nonmotorized'', with respect to a method of transportation, means that the method does not use a propulsive internal or external motor with a nonliving power source. (3) Permitted route.--The term ``permitted route'' means any new or existing path, trail, paved or unpaved road, snow, or ice located within a wilderness area on which one or more forms of nonmotorized recreational use is permitted under applicable law (including regulations) on the date on which a local official makes a determination under subsection (b) or the date that is 2 years after the date of enactment of this Act, as applicable in accordance with subsection (b). (4) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to public land. (5) Wilderness area.--The term ``wilderness area'' means a component of the National Wilderness Preservation System. (b) Permissible Forms of Recreational Use on Permitted Routes.-- (1) In general.--Notwithstanding any other provision of law and except as otherwise provided in this section, the Secretary concerned shall authorize relevant local officials to determine, not later than 2 years after the date of enactment of this Act, all permissible forms of recreational use by nonmotorized transportation methods over any permitted route within the jurisdiction of the local official. (2) Failure to determine.-- (A) In general.--If a local official fails to make the determination described in paragraph (1) with respect to a permitted route within the jurisdiction of the local official by the date that is 2 years after the date of enactment of this Act, any form of recreational use by nonmotorized transportation methods shall be allowable on the permitted route. (B) Effect of paragraph.--Nothing in this paragraph limits the authority of a local official to make a determination described in paragraph (1) relating to a permitted route described in subparagraph (A) after the date that is 2 years after the date of enactment of this Act, in accordance with this section. (3) Requirement.--In making a determination pursuant to this section, a local official shall seek to accommodate all forms of nonmotorized transportation, to the maximum extent practicable. (c) Authority.--In making a determination pursuant to this section, a local official may carry out such activities and promulgate such regulations as the local official determines to be appropriate to reduce, eliminate, or prevent environmental impacts or undue conflicts among members of nonmotorized transportation user groups, including-- (1) restricting, by permit or other means, the number of individuals allowed on a permitted route or in a wilderness area; (2) instructing users to stay on permitted routes; (3) limiting party size; (4) educating users regarding best practices; (5) using volunteer or paid patrollers; (6) establishing speed limits; (7) adding features to discourage improper uses of permitted routes; (8) designating the direction of travel on a permitted route; and (9) separating uses of permitted routes-- (A) by day or time of day; or (B) seasonally. (d) Effect of Section.--Nothing in this section requires the Secretary concerned or any local official-- (1)(A) to open a permitted route or wilderness area to a public recreational use; or (B) to maintain a permitted route or wilderness area for such a use; or (2) to allow any nonmotorized transport on any portion of the Appalachian National Scenic Trail that is administered entirely as a footpath pursuant to section 5(a)(1) of the National Trails System Act (16 U.S.C. 1244(a)(1)). SEC. 3. WILDERNESS MAINTENANCE. (a) Prohibition of Certain Uses in Wilderness Areas.--Section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)) is amended-- (1) by striking the subsection heading and all that follows through ``(c) Except as'' and inserting the following: ``(c) Prohibition of Certain Uses.-- ``(1) Definitions.--In this subsection: ``(A) Local official.--The term `local official' means the officer or employee who is the head of a unit or jurisdiction of, as applicable-- ``(i) the Bureau of Land Management; ``(ii) the National Park Service; ``(iii) the Forest Service; or ``(iv) the United States Fish and Wildlife Service. ``(B) Mechanical transport.-- ``(i) In general.--The term `mechanical transport' means any method of transportation that-- ``(I) travels over ground, snow, or ice; and ``(II) possesses, or is propelled by, a nonliving power source. ``(ii) Exclusion.--The term `mechanical transport' does not include any form of human- powered travel, regardless of whether the travel is mechanically assisted, in which the sole propulsive power source is one or more persons. ``(C) Motorized equipment.-- ``(i) In general.--The term `motorized equipment' means any equipment that is-- ``(I) activated by a nonliving power source; and ``(II) carried by an individual, other than a Federal officer or employee (or a designee). ``(ii) Exclusion.--The term `motorized equipment' does not include any device that is-- ``(I) small; ``(II) battery-powered; and ``(III) carried by hand. ``(2) Prohibitions.--Except as''; and (2) by adding at the end the following: ``(3) Effect of subsection.-- ``(A) In general.--Subject to subparagraph (B), nothing in this subsection requires the Secretary of Agriculture, the Secretary of the Interior, or any local official-- ``(i) to alter any wilderness area; or ``(ii) to allow in a wilderness area any use that is likely to change the wilderness character of the area. ``(B) Presumption.--A form of human-powered travel, regardless of whether the travel is mechanically assisted, in which the sole propulsive power source is one or more persons shall be rebuttably presumed to be in accordance with the preservation and maintenance of the wilderness character of a wilderness area.''. (b) Maintenance.--Section 4 of the Wilderness Act (16 U.S.C. 1133) is amended by adding at the end the following: ``(e) Maintenance.--Notwithstanding any other provision of law, any officer or employee of the Federal Government may use any small-scale motorized equipment or method of mechanical transport (such as a chainsaw and wheelbarrow) to construct, improve, or maintain a trail or to maintain the surroundings, in accordance with the purposes of this Act and the preservation of the wilderness character of a wilderness area.''.

Human-Powered Travel in Wilderness Areas Act This bill requires the Department of Agriculture (with respect to National Forest System land) and the Department of the Interior (with respect to public land) to authorize relevant local officials to determine all permissible forms of recreational use by nonmotorized transportation methods over any permitted routes within their jurisdictions. The bill defines "local officials" as officers or employees who are the heads of units or jurisdictions of the Bureau of Land Management, the National Park Service, the Forest Service, or the U.S. Fish and Wildlife Service. If a local official fails to make such a determination about a permitted route more than two years after this bill's enactment, then any form of recreational use by nonmotorized transportation methods shall be allowable on that route.

Human-Powered Travel in Wilderness Areas Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Voluntary and Material Assistance Act of 1996''. SEC. 2. FINDINGS. The Congress finds that a program to dispose of United States donated nonlethal personal property to foreign countries-- (1) would benefit the conduct of foreign policy when carried out in a manner consistent with the objectives of United States policy, including the objectives set forth in sections 101 and 102 of the Foreign Assistance Act of 1961; (2) would fill some of the gap created by reduced official United States foreign assistance, thereby serving United States foreign policy objectives and benefiting recipient countries; (3) would provide United States assistance to foreign countries at much lower cost, thereby saving taxpayer money; (4) would involve more people-to-people activity with less bureaucracy and epitomize the virtue of volunteerism; and (5) would benefit the United States private sector engaged in foreign trade through-- (A) public relations; (B) reduced costs for storage of disposable equipment; (C) potential reductions in tax liability relating to disposable equipment; and (D) penetration of new markets. SEC. 3. PURPOSE. The purpose of this Act is to supplement conventional official United States foreign assistance activities through a program for the transfer of private sector and United States Government donated nonlethal personal property to eligible countries for humanitarian or technical assistance purposes consistent with the foreign policy objectives of the United States. SEC. 4. DEFINITION. In this Act, the term ``nonlethal personal property'' means any property that-- (1) is not a weapon, ammunition, or other equipment or material designated to inflict serious bodily harm or death; and (2) is any of the following: (A) Nonconsumable capital equipment used in education, manufacturing, or agriculture, or in medical treatment of persons or animals (including books, journals, manuals, and software, and computers and other office equipment used in such activities) that is owned by a non-Federal entity. (B) Consumables (including seeds, reagents, hand tools, repair parts, and other devices, but not including raw materials) that are not normally considered capital equipment but are associated with the use of such equipment owned by a non-Federal entity. (C) Nonconsumable capital equipment and consumables described under subparagraphs (A) and (B), respectively, that-- (i) are determined to be surplus property under the Federal Property and Administrative Services Act of 1949, and (ii) have been screened for donations to State agencies under that Act. SEC. 5. ESTABLISHMENT OF UNITED STATES VOLUNTARY AND MATERIAL ASSISTANCE PROGRAM. (a) In General.--(1) To carry out the purpose of this Act, the President may-- (A) receive nonlethal personal property donated to the Federal Government by any United States private sector organization and retransfer such property to eligible foreign countries; (B) assist private organizations and voluntary organizations in the United States in transferring nonlethal personal property donated to such organizations to eligible foreign countries by transporting property donated to such organizations to such countries; and (C) transfer to eligible foreign countries any nonlethal personal property that is determined to be surplus property under the Federal Property and Administrative Services Act of 1949 and is made available to the President under this Act. (2) The exercise of authority under this section shall be known as the United States Voluntary and Material Assistance Program (in this Act referred to as the ``Program''). (b) General Requirements.--The President shall ensure that the donated nonlethal personal property made available for the purposes of this Act (including property donated to private organizations and voluntary organizations) is transferred to foreign countries under the Program only if such transfer is consistent with-- (1) the local needs of such countries, as determined by members of the United States official missions, Peace Corps volunteers, and appropriate members of private organizations and voluntary organizations active in such countries; (2) the willingness and ability of eligible countries and end users to utilize properly the donated nonlethal personal property; and (3) United States foreign policy objectives. (c) Eligibility.--(1) A foreign country is eligible to receive nonlethal personal property donated under the Program if it-- (A) is not otherwise ineligible under paragraph (2); (B) has a legitimate need for and has formally requested the property under the Program; (C) has the capability to receive, operate, and maintain the property; (D) agrees to use the property for purposes set forth in paragraph (3); and (E) permits donated nonlethal personal property to be imported without duty. (2) The following foreign countries may not receive property under the Program: (A) Foreign countries ineligible to receive assistance under the Foreign Assistance Act of 1961. (B) Foreign countries ineligible to receive assistance under the Arms Export Control Act. (C) Foreign countries covered by a determination under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)). (3) A foreign country that receives donated nonlethal personal property under the Program shall agree-- (A) to use such property only in schools, hospitals, or refugee programs, for agricultural purposes, for starting and sustaining small businesses, for responding to civil and natural disasters, for preventing and alleviating severe public health and environmental hazards, or for purposes related to such uses; and (B) not to resell the property for profit. SEC. 6. ADMINISTRATION OF PROGRAM. (a) International Agreements.--(1) The President may enter into agreements with eligible countries to facilitate the carrying out of the Program. (2) Agreements with eligible countries may provide for the distribution of property transferred to such countries under the Program by private organizations and voluntary organizations active in such countries and by nongovernmental organizations in or active in such countries. (b) Program Coordination.--(1) There shall be within the Department of State a Coordinator of the United States Voluntary and Material Assistance Program (in this section referred to as the ``Coordinator''), who shall be appointed by the President, by and with the advice and consent of the Senate. (2) The President shall delegate the exercise of his authorities under the Program to the Coordinator. (3) Upon the delegation of authority under paragraph (2), the Coordinator shall be responsible for the administration of the Program, including-- (A) the receipt, classification, repair, maintenance, storage, and shipment of nonlethal personal property donated to the Federal Government or transferred to the President under the Program; and (B) the receipt, storage, and shipment of nonlethal personal property donated to private organizations or voluntary organizations in the United States under the Program. (4) Where possible, the Secretary of Defense shall identify and make available to the Coordinator facilities at United States military installations, including defense depots undergoing realignment, to serve as collection points for nonlethal personal property donated to the Federal Government, transferred to the President, or donated to private organizations or voluntary organizations under the Program (5) The Coordinator shall work with the Secretary of Agriculture, the Administrator of the Agency for International Development, the Director of the United States Information Agency, and other United States Government agencies, or their successor organizations, that manage programs of voluntary and material assistance in order to rationalize and achieve the maximum effectiveness of the Program. (6) Property may be shipped to an end user only after certification of the property under the Program. Such certification shall be made in accordance with the provisions of subsections (c), (d), and (e). (c) List of Equipment Available for Transfer.--(1) The President shall establish and maintain a list of items approved for transfer to foreign countries under the Program. (2) An item may be added to or subtracted from the list as a result of a recommendation from individuals located in eligible foreign countries (including members of United States missions, Peace Corps volunteers, or members of appropriate private organizations or voluntary organizations) or by requests from appropriate officials of the governments of such countries. (3) The list may not include any item designed specifically for any military, religious, or political use. (4) Used shoes may not be included on the list except for such protective shoes to be used with donated equipment. New shoes and new or used clothing may be included on the list if quality control standards under subsection (d) are met with respect to such shoes and clothing. (d) Quality Control.--Donated nonlethal personal property may not be accepted for transfer under the Program unless such property is certified as acceptable for its intended use by appropriate individuals of the private sector donating such property, the department or agency of the Federal Government transferring such property to the President, private organizations or voluntary organizations accepting such property, or the Coordinator. (e) Capacity To Utilize.--To ensure that donated nonlethal personal property is properly utilized and maintained by the end user, the President shall consider the technical competence of the end user before transferring the donated property, shall establish a clear policy concerning training materials, repair parts, wiring diagrams, and operating supplies to accompany the donated property, and shall establish policy for related user requirements. (f) Personnel.--(1) The President may employ or contract with such personnel or organizations as may be necessary to manage and operate the Program, including collection points in the United States for property donated or transferred to the President, or property donated to private organizations or voluntary organizations, under the Program. (2) Notwithstanding any other provision of law, the President may accept the services of private organizations and voluntary organizations, including experienced logisticians, to assist and collaborate in all phases of the Program. (g) Cross Reference.--For rules regarding charitable contributions of property, see section 170 of the Internal Revenue Code of 1986. SEC. 7. MONITORING OF PROGRAM. (a) In General.--The President shall ensure that donated nonlethal personal property transferred to foreign countries under the Program is maintained and utilized for the purposes intended at the time of the transfer. The President shall submit to Congress on a periodic basis a report on the actions taken by the President under the preceding sentence, including the extent to which foreign countries are utilizing and maintaining equipment for such purposes. (b) Amendment of Foreign Assistance Act.--Section 634(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2394(a)) is amended-- (1) by striking ``and'' at the end of paragraph (11); (2) by redesignating paragraph (12) as paragraph (13); and (3) by inserting after paragraph (11) the following new paragraph: ``(12) the aggregate dollar value, and the impact on the United States foreign assistance program, of the transfer of donated nonlethal personal property during the preceding fiscal year under the United States Voluntary and Material Assistance Act of 1996, and, separately, under any other Act authorizing the transfer of such property; and''. SEC. 8. PILOT PROJECTS. It is the sense of the Congress that, before carrying out any other activities under the Program, the President should first conduct a pilot project in eligible countries in sub-Saharan Africa in order to demonstrate the feasibility of transferring donated nonlethal personal property under the Program. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--For the purpose of establishing the Program, there are authorized to be appropriated $20,000,000 for fiscal year 1997 and $25,000,000 for fiscal year 1998. (b) Availability of Funds.--Funds appropriated pursuant to subsection (a) are authorized to remain available until expended.

United States Voluntary and Material Assistance Act of 1996 - Establishes the United States Voluntary and Material Assistance Program for the disposition of donated private sector and U.S. Government nonlethal personal property needed by eligible foreign countries. Authorizes the President, under the Program, to: (1) receive nonlethal personal property donated to the Federal Government by any U.S. private sector organization and retransfer it to eligible foreign countries; (2) provide the necessary transportation to assist private organizations and voluntary organizations in the United States in transferring to eligible foreign countries nonlethal personal property that is donated to them; and (3) transfer to eligible foreign countries any available surplus nonlethal personal property subject to the Federal Property and Administrative Services Act of 1949. Expresses the sense of the Congress that, before carrying out any other activities under the Program, the President should first conduct a pilot project in eligible countries in sub-Saharan Africa in order to demonstrate the feasibility of transferring donated nonlethal personal property under the Program. Authorizes appropriations.

United States Voluntary and Material Assistance Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Municipal Waste Flow Control Transition Act of 1995''. SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL GOVERNMENT CONTROL OVER MOVEMENT OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS. Subtitle D of the Solid Waste Disposal Act is amended by adding after section 4010 the following new section: ``SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL GOVERNMENT CONTROL OVER MOVEMENT OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS. ``(a) Authority.--Each State and each political subdivision thereof is authorized to exercise flow control authority for municipal solid waste, and recyclable materials voluntarily relinquished by the owner or generator of such materials, generated within its jurisdiction directing such municipal solid waste or recyclable materials to one or more waste management facilities or facilities for recyclable materials, if such flow control authority-- ``(1) is imposed pursuant to a law, ordinance, regulation, or other legally binding provision or official act of the State or political subdivision in effect on May 15, 1994; and ``(2) has been implemented by designating before May 15, 1994, the particular waste management facilities in operation as of May 15, 1994, to which the municipal solid waste or recyclable materials must be delivered. The authority of this section shall only extend to the specific classes, categories, volumes or sources of municipal solid waste to which flow control authority requiring a movement to one or more waste management facilities was actually applied on May 15, 1994 (or, in the case of a State or political subdivision that qualifies under subsection (b), to the specific classes or categories of municipal solid waste for which the State or political subdivision prior to May 15, 1994, had committed to the designation of one or more waste management facilities). With regard to facilities granted flow control authority pursuant to subsection ``b'', if the specific classes or categories of municipal solid waste are not clearly identified, the authority of this section shall apply only to municipal solid waste generated by households. With respect to each designated facility, the authority of subsections (a) and (b) shall be effective for the remaining life of a contract between the State or political subdivision and any other person for the movement or delivery of such waste or recyclable materials (as in effect May 15, 1994), or until completion of the original schedule for payment of the capital costs of the facility concerned (as in effect May 15, 1994). With respect to any facility to which a local government was directing waste as of May 15, 1994, pursuant to a law or ordinance of the State or political subdivision in effect on May 15, 1994, the authority of this section shall be effective for the remaining life of a contract between the State or political subdivision and any other person for the movement or delivery of such waste or recyclable materials (as in effect May 15, 1994) or until completion of the original schedule for payment of the capital costs of the facility concerned (as in effect May 15, 1994). ``(b) Commitment to Construction.--Notwithstanding the restrictions in subsection (a) (1) and (2), any political subdivision of a State may be granted the flow control authority in subsection (a), if-- ``(1) the law, ordinance, regulation, or other legally binding provision specifically provides for flow control authority for municipal solid waste generated within its boundaries and was in effect as of May 15, 1994; and ``(2) such political subdivision has taken action prior to May 15, 1994, to commit to the designation of one or more waste management facilities for such method of transportation or disposal of municipal solid waste selected under such law, ordinance, regulation, plan, or legally binding provision. Such a commitment to the designation of one or more waste management facilities is demonstrated by one or more of the following factors: ``(A) All required permits for the construction of such facility were trained prior to May 15, 1994. ``(B) Contracts for the construction of such facility were ratified and executed in effect prior to May 15, 1994. ``(C) Revenue bonds were presented for sale to specifically provide revenue for the construction of such facility prior to May 15, 1994. ``(D) The State or political subdivision submitted to the appropriate regulatory agency or agencies, on or before May 16, 1994, administratively complete permit applications for the construction and operation of the waste management facility. ``(c) Retained Authority.--Upon the request of any generator of municipal solid waste affected by this section, the State or political subdivision shall authorize the diversion of all or a portion of the solid wastes generated by the generator making such request to a solid waste facility, other than the facility or facilities originally designated by the political subdivision, where the purpose of such request is to provide a higher level of protection for human health and the environment or to indemnify or reduce potential future liability under Federal or State law of such generator for the management of such wastes, unless the state or political subdivision determines that the facility to which the municipal solid waste is being diverted does not provide a higher level of protection for human health and the environment or does not indemnify or reduce the potential future liability under Federal or State law of such generator for the management of such wastes. Requests shall include information on the environmental suitability of the proposed alternative treatment or disposal facility and method, compared to that of the designated facility and method. ``(d) Reasonable Regulation of Commerce.--A law, ordinance, regulation, or other legally binding provision or official act of a State or political subdivision, described in subsection (a) or (b), that implements flow control authority in compliance with this section shall be considered to be a reasonable regulation of commerce and shall not be considered to be an undue burden on or otherwise as impairing, restraining, or discriminating against interstate commerce. ``(e) Flow Control Study.--The Administrator, in cooperation with the National Academy of Public Administration and the Secretary of the Treasury, shall conduct a study of the extent to which the decision of the United States Supreme Court in C&A Carbone v Clarkstown, New York has affected the ability of public and private agencies and entities to secure or retain financing for solid waste management facilities or services. Such study shall address whether such decision is likely to interfere with the implementation of State solid waste management plans, and whether such decision is likely to affect recycling or composting. The Administrator shall submit a report on such study to the Congress, together with recommendations for needed legislation, if any, not later than March 31, 1996. ``(f) Effect on Existing Laws and Contracts.-- ``(1) Environmental laws.--Nothing in this section shall be interpreted or construed to have any effect on any other law relating to the protection of human health and the environment, or the management of municipal solid waste or recyclable materials. ``(2) State law.--Nothing in this section shall be interpreted to authorize a political subdivision to exercise the flow control authority granted by this section in a manner inconsistent with State law. ``(3) Ownership of recyclable materials.--Nothing in this section shall authorize any State or political subdivision to require any generator or owner of recyclable materials to transfer any recyclable materials to such State or political subdivision, nor shall prohibit any generator or owner of recyclable materials from selling, purchasing, accepting, conveying, or transporting any recyclable materials for purposes of transformation or remanufacture into usable or marketable materials, unless the generator or owner voluntarily made such recyclable materials available to the State or political subdivision and relinquished any rights to, or ownership of, such recyclable materials. ``(g) Definitions.--For the purposes of this section-- ``(1) Municipal solid waste.--The term `municipal solid waste' means, subject to the limitations of subsection (a), any solid waste generated by the general public or by households (including single residences and multifamily residences of up to 4 units) and from commercial, institutional, and industrial sources, consisting of paper, wood, yard waste, plastics, leather, rubber, and other combustible materials and noncombustible materials such as metal and glass, including residue remaining after recyclable materials have been separated from waste destined for disposal, and including waste material removed from a septic tank, septage pit, or cesspool (other than from portable toilets), except that the term does not include-- ``(A) any waste identified or listed as a hazardous waste under section 3001 of this Act or waste regulated under the Toxic Substances and Control Act; ``(B) any waste, including contaminated soil and debris, resulting from response taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or any corrective action taken under this Act; ``(C) construction and demolition debris; ``(D) medical waste listed in section 11002 of this Act; ``(E) industrial waste generated by manufacturing or industrial processes, including waste generated during scrap processing and scrap recycling; ``(F) recyclable materials; or ``(G) sludge. ``(2) Recyclable materials.--The term `recyclable materials' means any materials that have been separated from waste otherwise destined for disposal (either at the source of the waste or at processing facilities) or that have been managed separately from waste destined for disposal, for the purpose of recycling, reclamation, composting of organic materials such as food and yard waste, or reuse (other than for the purpose of incineration). Materials shall be deemed `recyclable materials' for the purpose of subsection (a) only if the generator or owner of the materials voluntarily made the materials available to the State or political subdivision (or the designee of the State or political subdivision) and relinquished any rights to, or ownership of, such materials, and the State or political subdivision (or such designee) assumes such rights to, or ownership of, such materials. ``(3) Waste management facility.--The term `waste management facility' means any facility collecting, separating, storing, transporting, transferring, treating, processing, combusting, or disposing of municipal solid waste. ``(4) Flow control authority.--The term `flow control authority' means the authority to control the movement of solid waste or recyclable materials and direct such solid waste or recyclable materials to one or more designated waste management facilities or facilities for recyclable materials. (5) Designate; designation.--The terms `designate', `designated', `designating', and `designation' mean a requirement of a State or political subdivision, and the act of a State or political subdivision, to require that all or any portion of the municipal solid waste or recyclable materials that is generated within the boundaries of the State or political subdivision be delivered to a waste management facility or facility for recyclable materials identified by the State or political subdivision.''. SEC. 3. TABLE OF CONTENTS AMENDMENT. The table of contents for Subtitle D of the Solid Waste Disposal Act is amended by adding the following new item after the item relating to section 4010: ``Sec. 4011. Congressional authorization of State and local government control over movement of municipal solid waste and recyclable materials.''

Municipal Waste Flow Control Transition Act of 1995 - Amends the Solid Waste Disposal Act to authorize States and political subdivisions to exercise flow control authority for municipal solid waste, and recyclable materials voluntarily relinquished by the owner or generator, generated in their jurisdictions directing such waste and materials to waste management facilities or recyclables facilities if such authority: (1) is exercised pursuant to a law, regulation, or other legally binding provision in effect on May 15, 1994; and (2) has been implemented by designating before such date the particular waste facilities in operation as of such date to which the waste or recyclable materials must be delivered. Limits such authority to categories, volumes, or sources of waste to which flow control authority requiring a movement to a facility was actually applied on May 15, 1994, or to the specific categories for which a State or political subdivision, prior to such date, had committed to the designation of a facility. Authorizes a political subdivision to exercise such authority notwithstanding the requirement that facilities are designated before such date if the subdivision has taken specified actions, prior to such date, to commit to the designation of a facility to be constructed. Permits States or political subdivisions, upon the request of a municipal solid waste generator, to authorize the diversion of waste generated by such generator to a solid waste facility other than the designated facility where such diversion would provide a higher level of health and environmental protection or indemnify or reduce potential liability of the generator under Federal or State law. Considers laws, regulations, or acts of States or political subdivisions that implement flow control authority to be a reasonable regulation of commerce. Directs the Administrator of the Environmental Protection Agency to study and report to the Congress on the extent to which the Supreme Court decision in C&A Carbone v. Clarkstown, New York has affected the ability of public and private entities to secure or retain financing for solid waste management facilities or services and is likely to interfere with the implementation of State solid waste management plans, recycling, or composting.

Municipal Waste Flow Control Transition Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Entrepreneurship Development Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) in 2005, the African American unemployment rate was 9.5 percent and the Hispanic American unemployment rate was 6 percent, well above the national average of 4.7 percent; (2) Hispanic Americans represent 12.5 percent of the United States population and approximately 6 percent of all United States businesses; (3) African Americans account for 12.3 percent of the population and only 4 percent of all United States businesses; (4) Native Americans account for approximately 1 percent of the population and .9 percent of all United States businesses; (5) entrepreneurship has proven to be an effective tool for economic growth and viability of all communities; (6) minority-owned businesses are a key ingredient for economic development in the community, an effective tool for creating lasting and higher-paying jobs, and a source of wealth in the minority community; and (7) between 1987 and 1997, revenue from minority-owned firms rose by 22.5 percent, an increase equivalent to an annual growth rate of 10 percent, and employment opportunities within minority-owned firms increased by 23 percent. SEC. 3. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``eligible association or organization'' means an association or organization that-- (A) is-- (i) a national minority business association organized in accordance with section 501(c)(6) of the Internal Revenue Code of 1986; or (ii) a foundation of national minority business associations organized in accordance with section 501(c)(3) of the Internal Revenue Code of 1986; (B) has a well established national network of local chapters, or a proven national membership; and (C) has been in existence for at least the 10-year period before the date of awarding a grant under section 6; (3) the term ``eligible educational institution'' means an institution that is-- (A) a public or private institution of higher education (including any land-grant college or university, any college or school of business, engineering, commerce, or agriculture, or community college or junior college) or any entity formed by 2 or more institutions of higher education; and (B) a-- (i) historically Black college; (ii) Hispanic-serving institution; or (iii) tribal college; (4) the term ``historically Black college'' means a part B institution, as that term is defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061); (5) the term ``Hispanic-serving institution'' has the meaning given that term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a); (6) the term ``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1101) (7) the term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 532); (8) the term ``small business development center'' has the meaning given that term in section 21 of the Small Business Act (15 U.S.C. 648); and (9) the term ``tribal college'' has the same meaning as the term ``tribally controlled college or university'' under section 2(a)(4) of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1801(a)(4)). SEC. 4. MINORITY SMALL BUSINESS DEVELOPMENT. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 37 as section 38; and (2) by inserting after section 36 the following: ``SEC. 37. MINORITY SMALL BUSINESS DEVELOPMENT. ``(a) Office of Minority Small Business Development.--There is established in the Administration an Office of Minority Small Business Development, which shall be administered by the Associate Administrator for Minority Small Business Development appointed under section 4(b)(1) (in this section referred to as the `Associate Administrator'). ``(b) Associate Administrator for Minority Small Business Development.--The Associate Administrator shall-- ``(1) be-- ``(A) an appointee in the Senior Executive Service who is a career appointee; or ``(B) an employee in the competitive service; ``(2) be responsible for the formulation, execution, and promotion of policies and programs of the Administration that provide assistance to small business concerns owned and controlled by minorities; ``(3) act as an ombudsman for full consideration of minorities in all programs of the Administration (including those under section 7(j) and 8(a)); ``(4) work with the Associate Deputy Administrator for Capital Access of the Administration to increase the proportion of loans and loan dollars, and investments and investment dollars, going to minorities through the finance programs under this Act and the Small Business Investment Act of 1958 (including subsections (a), (b), and (m) of section 7 of this Act and the programs under title V and parts A and B of title III of the Small Business Investment Act of 1958); ``(5) work with the Associate Deputy Administrator for Entrepreneurial Development of the Administration to increase the proportion of counseling and training that goes to minorities through the entrepreneurial development programs of the Administration; ``(6) work with the Associate Deputy Administrator for Government Contracting and Minority Enterprise Development of the Administration to increase the proportion of contracts, including through the Small Business Innovation Research Program and the Small Business Technology Transfer Program, to minorities; ``(7) work with the partners of the Administration, trade associations, and business groups to identify and carry out policies and procedures to more effectively market the resources of the Administration to minorities; ``(8) work with the Office of Field Operations of the Administration to ensure that district offices and regional offices have adequate staff, funding, and other resources to market the programs of the Administration to meet the objectives described in paragraphs (4) through (7); and ``(9) report to and be responsible directly to the Administrator. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $5,000,000 for fiscal year 2007; ``(2) $5,000,000 for fiscal year 2008; and ``(3) $5,000,000 for fiscal year 2009.''. (b) Conforming Amendments.--Section 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended in the sixth sentence, by striking ``Minority Small Business and Capital Ownership Development'' and all that follows through the end of the sentence and inserting ``Minority Small Business Development.''. SEC. 5. MINORITY ENTREPRENEURSHIP AND INNOVATION PILOT PROGRAM OF 2006. (a) In General.--The Administrator may make grants to eligible educational institutions-- (1) to assist in establishing an entrepreneurship curriculum for undergraduate or graduate studies; and (2) for placement of a small business development center on the physical campus of the institution. (b) Use of Funds.-- (1) Curriculum requirement.-- (A) In general.--An eligible educational institution receiving a grant under this section shall develop a curriculum that includes training in various skill sets needed by successful entrepreneurs, including-- (i) business management and marketing, financial management and accounting, market analysis and competitive analysis, and innovation and strategic planning; and (ii) additional entrepreneurial skill sets specific to the needs of the student population and the surrounding community, as determined by the institution. (B) Focus.--The focus of the curriculum developed under this paragraph shall be to help students in non- business majors develop the tools necessary to use their area of expertise as entrepreneurs. (2) Small business development center requirement.--Each eligible educational institution receiving a grant under this section shall open a small business development center that-- (A) performs studies, research, and counseling concerning the managing, financing, and operation of small business concerns; (B) performs management training and provides technical assistance regarding small business concern participation in international markets, export promotion and technology transfer, and the delivery or distribution of such services and information; (C) offers referral services for entrepreneurs and small business concerns to business development, financing, and legal experts; and (D) promotes market-specific innovation, niche marketing, capacity building, international trade, and strategic planning as keys to long term growth for its small business concern and entrepreneur clients. (c) Grant Awards.-- (1) In general.--The Administrator may not award a grant under this section to a single eligible educational institution-- (A) in excess of $1,000,000 in any fiscal year; or (B) for a term of more than 2 years. (2) Limitation on use of funds.--Funds made available under this section may not be used for-- (A) any purpose other than those associated with the direct costs incurred by the eligible educational institution to-- (i) develop and implement the curriculum described in subsection (b)(1); or (ii) organize and operate a small business development center, as described in subsection (b)(2); or (B) building expenses, administrative travel budgets, or other expenses not directly related to the costs described in subparagraph (A). (d) Matching Not Required.--Subparagraphs (A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall not apply to a grant made under this section. (e) Report.-- (1) In general.--Not later than November 1 of each year in which funds are made available for grants under this section, the Associate Administrator of Entrepreneurial Development of the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report evaluating the success of the program under this section during the preceding fiscal year. (2) Contents.--Each report under paragraph (1) shall include-- (A) a description of each entrepreneurship program developed with grant funds, the date of the award, and the number of participants in each such program; (B) the number of small business assisted through the small business development center with grant funds; and (C) data regarding the economic impact of the small business development center counseling provided with grant funds. (f) Authorization of Appropriation.--There are authorized to be appropriated to carry out this section $24,000,000 for each of fiscal years 2007 through 2009, to remain available until expended. (g) Limitation on Use of Other Funds.--The Administrator shall carry out this section only with amounts appropriated in advance specifically to carry out this section. SEC. 6. MINORITY ACCESS TO INFORMATION DISTANCE LEARNING PILOT PROGRAM OF 2006. (a) In General.--The Administrator may make grants to eligible associations and organizations to-- (1) assist in establishing the technical capacity to provide online or distance learning for businesses seeking to contract with the Federal Government; (2) develop curriculum for seminars that will provide businesses with the technical expertise to contract with the Federal government; and (3) provide training and technical expertise through distance learning at low cost, or no cost, to participant business owners and other interested parties. (b) Use of Funds.--An eligible association or organization receiving a grant under this section shall develop a curriculum that includes training in various areas needed by the owners of small business concerns to successfully contract with the Federal Government, which may include training in accounting, marketing to the Federal Government, applying for Federal certifications, use of offices of small and disadvantaged businesses, procurement conferences, the scope of Federal procurement contracts, and General Services Administration schedules. (c) Grant Awards.-- (1) In general.--The Administrator may not award a grant under this section to a single eligible association or organization-- (A) in excess of $250,000 in any fiscal year; or (B) for a term of more than 2 years. (2) Limitation on use of funds.--Funds made available under this section may not be used-- (A) for any purpose other than those associated with the direct costs incurred by the eligible association or organization to develop the curriculum described in subsection (b); or (B) for building expenses, administrative travel budgets, or other expenses not directly related to the costs described in subparagraph (A). (d) Matching Not Required.--Subparagraphs (A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall not apply to a grant made under this section. (e) Report.-- (1) In general.--Not later than November 1 of each year, the Associate Administrator of Entrepreneurial Development of the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report evaluating the success of the program under this section during the preceding fiscal year. (2) Contents.--Each report under paragraph (1) shall include-- (A) a description of each distance learning program developed with grant funds under this section, the date of the award, and the number of participants in each program; and (B) data regarding the economic impact of the distance learning technical assistance provided with such grant funds. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $4,000,000 for each of fiscal years 2007 through 2009, to remain available until expended. (g) Limitation on Use of Other Funds.--The Administrator shall carry out this section only with amounts appropriated in advance specifically to carry out this section. SEC. 7. EXTENSION OF SOCIALLY AND ECONOMICALLY DISADVANTAGED BUSINESS PROGRAM. (a) In General.--Section 7102(c) of the Federal Acquisition Streamlining Act of 1994 (15 U.S.C. 644 note) is amended by striking ``September 30, 2003'' and inserting ``September 30, 2009''. (b) Effective Date.--The amendment made by this section shall take effect 30 days after the date of enactment of this Act.

Minority Entrepreneurship Development Act of 2006 - Amends the Small Business Act to establish within the Small Business Administration (SBA) an Office of Minority Small Business Development to, among other things, formulate, execute, and promote SBA policies and programs that provide assistance to small businesses owned and controlled by minorities. Authorizes the SBA Administrator to make grants to eligible educational institutions: (1) to assist in establishing an entrepreneurship curriculum for undergraduate or graduate studies; and (2) for the placement of a small business development center on the campus of the institution. Authorizes the Administrator to make grants to eligible associations and organizations to: (1) assist in establishing the technical capacity to provide online or distance learning for businesses seeking to contract with the federal government; (2) develop curriculum for seminars that will provide businesses with the technical expertise for such contracting; and (3) provide training and technical expertise through distance learning to participant business owners and other interested parties. Amends the Federal Acquisition Streamlining Act of 1994 to extend through FY2009 the socially and economically disadvantaged business program.

A bill to foster development of minority-owned small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm to School Improvements Act of 2010''. SEC. 2. FARM TO SCHOOL PROGRAM. (a) Amendment.--The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by inserting after section 19, the following: ``SEC. 19A. FARM TO SCHOOL PROGRAM. ``(a) In General.--The Secretary shall provide assistance, through competitive matching grants and technical assistance, to eligible entities for farm to school programs that-- ``(1) improve access to local foods in schools and institutions participating in programs under this Act and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) through farm to school activities, including the purchase of local food, establishment of effective relationships between school and institutional food service providers, distributors, and producers or groups of producers, school gardens, appropriate equipment, and the provision of training and education; and ``(2) are designed to-- ``(A) improve the nutritional health and well being of children; ``(B) procure healthy local foods from small and medium-sized farms for meals at eligible schools and institutions; ``(C) support experiential nutrition education activities and curriculum planning that incorporates the participation of school children in farm and garden-based agricultural education activities; ``(D) develop a sustained commitment to farm to school programs in the community by linking schools and institutions, State and local agencies including Indian Tribal Organizations, institutions of higher education, agricultural producers, parents, community garden groups and other community stakeholders; and ``(E) increase farm income by facilitating farmers' access to institutional markets including schools. ``(b) Eligible Entity.--For purposes of this section, the term `eligible entity' means-- ``(1) a school; ``(2) nonprofit organization; or ``(3) other entity that the Secretary determines offers a unique ability to provide services or farm-to-school programs. ``(c) Grants.-- ``(1) Types of grants.--A grant awarded under this section may include-- ``(A) an implementation grant to support the cost of implementing a farm to school program; ``(B) a training and technical assistance grant to support the cost of-- ``(i) providing the training, operational support, information, and access to resources necessary to implement a successful farm to school program; and ``(ii) encouraging collaboration between public and private entities; or ``(C) a planning grant to support the cost of conducting research, identifying resources, and developing partnerships to design a successful and sustainable farm to school program. ``(2) Grant amounts.--A grant awarded under this section to an eligible entity shall not exceed-- ``(A) in the case of an implementation or training and technical assistance grant, $100,000; and ``(B) in the case of a planning grant, $25,000. ``(3) Grant duration.--A grant under this section shall be awarded for a period-- ``(A) in the case of an implementation or training and technical assistance grant, not to exceed 2 years; and ``(B) in the case of a planning grant, not to exceed 1 year. ``(d) Cost Share.-- ``(1) In general.--The amount of a grant made under this section shall not exceed 75 percent of the cost of the proposed grant activities. ``(2) Non-federal support.--A recipient of a grant under this section shall be required to provide at least 25 percent of the cost of the proposed grant activities in the form of cash or in-kind contributions (including facilities, equipment, training, or services provided by State and local governments and private sources). ``(e) Evaluation.--A recipient of a grant under this section shall cooperate in an evaluation by the Secretary of the programs carried out using such grant funds. ``(f) Regional Balance.--In making awards and providing technical assistance under this section, the Secretary shall to the maximum extent practicable, ensure-- ``(1) geographical diversity; and ``(2) equitable treatment of urban, rural, and tribal communities. ``(g) Technical Assistance.--The Secretary shall provide recipients of grants under this section with technical assistance, which shall include sharing information, best practices, research, and data on existing farm to school programs. ``(h) Proposals.-- ``(1) In general.--An eligible entity desiring to receive a grant under this section shall submit a proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Competitive award selection.--The Secretary shall form review panels to evaluate proposals submitted under paragraph (1) based on the criteria described in paragraph (3). Such review panels shall include-- ``(A) representatives of schools and eligible institutions; ``(B) registered dietitians; ``(C) operators of small and medium-sized farms; ``(D) public agencies; ``(E) non-governmental and community-based organizations with expertise in local food systems and farm to school programs; and ``(F) other appropriate parties as determined by the Secretary. ``(3) Proposal review criteria.--In making awards under this section, the Secretary shall evaluate proposals based on the extent to which the proposed program-- ``(A) improves the nutritional health and well being of children; ``(B) makes local food products available on the menu of the school or institution; ``(C) benefits local small and medium-sized farms; ``(D) incorporates experiential nutrition education activities and curriculum planning that incorporates the participation of school children in farm and garden-based agricultural education activities; ``(E) serves schools and eligible institutions with a high proportion of children who are eligible for free and reduced price lunches; ``(F) demonstrates collaboration between schools or institutions, non-governmental and community-based organizations, farmer groups, and other community partners; ``(G) demonstrates the potential for long-term program sustainability; ``(H) includes adequate and participatory evaluation plans; and ``(I) meets such other related criteria as the Secretary may determine relevant. ``(i) Funding.--Beginning on October 1, 2010, or of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this section $10,000,000 each fiscal year, to remain available until expended.''. (b) Conforming Change.--Section 18(g) of the Richard B. Russell School Lunch Act (42 U.S.C. 1769(g)) is amended-- (1) by striking paragraphs (1) and (2); and (2) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively.

Farm to School Improvements Act of 2010 - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to provide competitive matching grants to schools, nonprofit organizations, and other able entities for farm to school programs that improve the access of school lunch and breakfast program participants to local foods. Provides that each grant may include an implementation grant, training and technical assistance grant, and planning grant. Requires farm to school programs to be designed to: (1) improve the nutritional health and well being of children; (2) procure healthy local foods from small and medium-sized farms; (3) support experiential nutrition education by involving school children in farm and garden-based agricultural education activities; (4) commit public and private community stakeholders to the sustained success of such programs; and (5) increase farmers' income by facilitating their access to institutional markets. Directs the Secretary to provide grant recipients with technical assistance that includes sharing information, best practices, research, and data on existing farm to school programs.

To amend the Richard B. Russell National School Lunch Act to award grants to eligible entities for farm to school programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Humane Care for Primates Act of 2013''. SEC. 2. FINDINGS. The Congress finds the following: (1) Nonhuman primates, such as chimpanzees, gorillas, orangutans, macaques, and numerous other species, often face abusive and cruel captive conditions in other countries. (2) There is growing evidence that, absent a suitable humane alternative, these primates will remain or be placed in other cruel captive conditions and face inhumane deaths in areas outside the United States. (3) Regulations of the Centers for Disease Control and Prevention allow importation of nonhuman primates only for scientific, educational, or exhibition purposes and not for humane lifetime shelter and care in appropriate primate sanctuaries. (4) Many of these animals could be obtained by certified primate sanctuaries in the United States and provided with shelter and care for the remainder of their natural lives in a species-appropriate, humane environment if allowed by law to be imported for such purpose. SEC. 3. DEFINITIONS. In this Act: (1) The term ``certified primate sanctuary'' means a primate sanctuary that has been certified by the Secretary pursuant to section 4. (2) The term ``nonhuman primates'' means the species included in the biological order Primates, except Homo sapiens. (3) The term ``primate sanctuary'' means a facility that-- (A) rescues and provides lifetime shelter and care for animals that have been abused, injured, or abandoned, or are otherwise in need; (B) is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (C) does not commercially trade in any animals, including animal parts, animal byproducts, and animal offspring; (D) does not intentionally breed or propagate nonhuman primates; (E) does not allow direct contact between the public and nonhuman primates; (F) does not allow unescorted public visitation at the facility, except for discrete, nonintrusive observation by individuals approved by the sanctuary; (G) does not allow animals to be removed from the facility, or from the animals' enclosures, for exhibition or education; and (H) does not conduct research on animals, except where the facility determines that-- (i) the health and welfare of the animal involved is best served by participating in a treatment study; and (ii) the facility reasonably believes that the outcome of the study will provide a tangible benefit to the animal involved. (4) The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. IMPORTATION OF NONHUMAN PRIMATES. (a) In General.--Not later than 12 months after the date of enactment of this Act, the Secretary, consistent with section 361 of the Public Health Service Act (42 U.S.C. 264; relating to control of communicable diseases), shall promulgate a final rule revising section 71.53(c) of title 42, Code of Federal Regulations, to expand the categories of uses for which nonhuman primates may be imported and distributed to include live nonhuman primates imported into the United States by a certified primate sanctuary for purposes of providing lifetime shelter and care. (b) Certification Process.-- (1) Establishment.--The rule required by subsection (a) shall establish a process under which the Secretary certifies facilities as primate sanctuaries for purposes of the importation, shelter, and care of nonhuman primates, as described in subsection (a). (2) Criteria.--The Secretary shall require, as a condition of such certification, that a facility-- (A) is a primate sanctuary, as defined in section 3; and (B) satisfies any other criteria that-- (i) are determined to be appropriate by the Secretary; and (ii) are consistent with the criteria specified in the definition of a primate sanctuary in section 3. (3) Applications.--To seek certification under this Act, a primate sanctuary shall submit an application in such form, in such manner, and containing such information as the Secretary may require. Any information in an application for certification under this Act shall be protected from disclosure as provided in section 552(b)(4) of title 5, United States Code.

Humane Care for Primates Act of 2013 - Directs the Secretary of Health and Human Services (HHS) to promulgate a final rule revising federal regulations regarding the importation of nonhuman primates (i.e. chimpanzees, gorillas, orangutans, macaques, and numerous other species) to expand the categories of uses for which nonhuman primates may be imported and distributed to include live nonhuman primates imported into the United States by a certified primate sanctuary for purposes of providing lifetime shelter and care. Requires such rule to establish a process for the certification of facilities as primate sanctuaries for purposes of the importation, shelter, and care of nonhuman primates.

Humane Care for Primates Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``527 Reform Act of 2005''. SEC. 2. TREATMENT OF SECTION 527 ORGANIZATIONS. (a) Definition of Political Committee.--Section 301(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)) is amended by striking the period at the end of subparagraph (C) and inserting ``; or'' and by adding at the end the following: ``(D) any applicable 527 organization.''. (b) Definition of Applicable 527 Organization.--Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended by adding at the end the following new paragraph: ``(27) Applicable 527 organization.--For purposes of paragraph (4)(D)-- ``(A) In general.--The term `applicable 527 organization' means a committee, club, association, or group of persons that-- ``(i) is an organization described in section 527 of the Internal Revenue Code of 1986, and ``(ii) is not described in subparagraph (B). ``(B) Excepted organizations.--Subject to subparagraph (D), a committee, club, association, or other group of persons described in this subparagraph is-- ``(i) an organization described in section 527(i)(5) of the Internal Revenue Code of 1986, ``(ii) an organization which is a committee, club, association or other group of persons that is organized, operated, and makes disbursements exclusively for paying expenses described in the last sentence of section 527(e)(2) of the Internal Revenue Code of 1986 or expenses of a newsletter fund described in section 527(g) of such Code, or ``(iii) an organization which is a committee, club, association, or other group of persons whose election or nomination activities relate exclusively to-- ``(I) elections where no candidate for Federal office appears on the ballot, or ``(II) one or more of the purposes described in subparagraph (C). ``(C) Allowable purposes.--The purposes described in this subparagraph are the following: ``(i) Influencing the selection, nomination, election, or appointment of one or more candidates to non-Federal offices. ``(ii) Influencing one or more State or local ballot initiatives, State or local referenda, State or local constitutional amendments, State or local bond issues, or other State or local ballot issues. ``(iii) Influencing the selection, appointment, nomination, or confirmation of one or more individuals to non-elected offices. ``(D) Section 527 organizations making certain disbursements.--A committee, club, association, or other group of persons described in subparagraph (B)(ii) or (B)(iii) shall not be considered to be described in such paragraph for purposes of subparagraph (A)(ii) if it makes disbursements aggregating more than $1000 during any calendar year for any of the following: ``(i) A public communication that promotes, supports, attacks, or opposes a clearly identified candidate for Federal office during the 1-year period ending on the date of the general election for the office sought by the clearly identified candidate occurs. ``(ii) Any voter drive activity (as defined in section 325(d)(1)).''. SEC. 3. RULES FOR ALLOCATION OF EXPENSES BETWEEN FEDERAL AND NON- FEDERAL ACTIVITIES. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following: ``SEC. 325. ALLOCATION AND FUNDING RULES FOR CERTAIN EXPENSES RELATING TO FEDERAL AND NON-FEDERAL ACTIVITIES. ``(a) In General.--In the case of any disbursements by any political committee that is a separate segregated fund or nonconnected committee for which allocation rules are provided under subsection (b)-- ``(1) the disbursements shall be allocated between Federal and non-Federal accounts in accordance with this section and regulations prescribed by the Commission, and ``(2) in the case of disbursements allocated to non-Federal accounts, may be paid only from a qualified non-Federal account. ``(b) Costs To Be Allocated and Allocation Rules.--Disbursements by any separate segregated fund or nonconnected committee for any of the following categories of activity shall be allocated as follows: ``(1) 100 percent of the expenses for public communications or voter drive activities that refer to one or more clearly identified Federal candidates, but do not refer to any clearly identified non-Federal candidates, shall be paid with funds from a Federal account, without regard to whether the communication refers to a political party. ``(2) At least 50 percent of the expenses for public communications and voter drive activities that refer to one or more clearly identified candidates for Federal office and one or more clearly defined non-Federal candidates shall be paid with funds from a Federal account, without regard to whether the communication refers to a political party. ``(3) At least 50 percent of the expenses for public communications or voter drive activities that refer to a political party, but do not refer to any clearly identified Federal or non-Federal candidate, shall be paid with funds from a Federal account, except that this paragraph shall not apply to communications or activities that relate exclusively to elections where no candidate for Federal office appears on the ballot. ``(4) At least 50 percent of the expenses for public communications or voter drive activities that refer to a political party, and refer to one or more clearly identified non-Federal candidates, but do not refer to any clearly identified Federal candidates, shall be paid with funds from a Federal account, except that this paragraph shall not apply to communications or activities that relate exclusively to elections where no candidate for Federal office appears on the ballot. ``(5) At least 50 percent of any administrative expenses, including rent, utilities, office supplies, and salaries not attributable to a clearly identified candidate, shall be paid with funds from a Federal account, except that for a separate segregated fund such expenses may be paid instead by its connected organization. ``(6) At least 50 percent of the direct costs of a fundraising program or event, including disbursements for solicitation of funds and for planning and administration of actual fundraising events, where Federal and non-Federal funds are collected through such program or event shall be paid with funds from a Federal account, except that for a separate segregated fund such costs may be paid instead by its connected organization. ``(c) Qualified Non-Federal Account.--For purposes of this section-- ``(1) In general.--The term `qualified non-Federal account' means an account which consists solely of amounts-- ``(A) that, subject to the limitations of paragraphs (2) and (3), are raised by the separate segregated fund or nonconnected committee only from individuals, and ``(B) with respect to which all other requirements of Federal, State, or local law are met. ``(2) Limitation on individual donations.-- ``(A) In general.--A separate segregated fund or nonconnected committee may not accept more than $25,000 in funds for its qualified non-Federal account from any one individual in any calendar year. ``(B) Affiliation.--For purposes of this paragraph, all qualified non-Federal accounts of separate segregated funds or nonconnected committees which are directly or indirectly established, financed, maintained, or controlled by the same person or persons shall be treated as one account. ``(3) Fundraising limitation.--No donation to a qualified non-Federal account may be solicited, received, directed, transferred, or spent by or in the name of any person described in subsection (a) or (e) of section 323. ``(d) Definitions.--For purposes of this section-- ``(1) Voter drive activity.--The term `voter drive activity' means any of the following activities conducted in connection with an election in which a candidate for Federal office appears on the ballot (regardless of whether a candidate for State or local office also appears on the ballot): ``(A) Voter registration activity. ``(B) Voter identification. ``(C) Get-out-the-vote activity. ``(D) Generic campaign activity. Such term shall not include any activity described in subparagraph (A) or (B) of section 316(b)(2). ``(2) Federal account.--The term `Federal account' means an account which consists solely of contributions subject to the limitations, prohibitions, and reporting requirements of this Act. Nothing in this section or in section 323(b)(2)(B)(iii) shall be construed to infer that a limit other than the limit under section 315(a)(1)(C) applies to contributions to the account. ``(3) Nonconnected committee.--The term `nonconnected committee' shall not include a political committee of a political party.''. (b) Reporting Requirements.--Section 304(e) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(e)) is amended by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by inserting after paragraph (2) the following new paragraph: ``(3) Receipts and disbursements from qualified non-federal accounts.--In addition to any other reporting requirement applicable under this Act, a political committee to which section 325(a) applies shall report all receipts and disbursements from a qualified non-Federal account (as defined in section 325(c)).'' SEC. 4. CONSTRUCTION. No provision of this Act, or amendment made by this Act, shall be construed-- (1) as approving, ratifying, or endorsing a regulation promulgated by the Federal Election Commission, (2) as establishing, modifying, or otherwise affecting the definition of political organization for purposes of the Internal Revenue Code of 1986, or (3) as affecting the determination of whether a group organized under section 501(c) of the Internal Revenue Code of 1986 is a political committee under section 301(4) of the Federal Election Campaign Act of 1971. SEC. 5. JUDICIAL REVIEW. (a) Special Rules for Actions Brought on Constitutional Grounds.-- If any action is brought for declaratory or injunctive relief to challenge the constitutionality of any provision of this Act or any amendment made by this Act, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and shall be heard by a 3- judge court convened pursuant to section 2284 of title 28, United States Code. (2) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (3) A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. (4) It shall be the duty of the United States District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (b) Intervention by Members of Congress.--In any action in which the constitutionality of any provision of this Act or any amendment made by this Act is raised (including but not limited to an action described in subsection (a)), any Member of the House of Representatives (including a Delegate or Resident Commissioner to Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision or amendment. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require intervenors taking similar positions to file joint papers or to be represented by a single attorney at oral argument. (c) Challenge by Members of Congress.--Any Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge the constitutionality of any provision of this Act or any amendment made by this Act. (d) Applicability.-- (1) Initial claims.--With respect to any action initially filed on or before December 31, 2006, the provisions of subsection (a) shall apply with respect to each action described in such subsection. (2) Subsequent actions.--With respect to any action initially filed after December 31, 2006, the provisions of subsection (a) shall not apply to any action described in such subsection unless the person filing such action elects such provisions to apply to the action. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date which is 60 days after the date of the enactment of this Act.

527 Reform Act of 2006 - Amends the Federal Election Campaign Act of 1971 to subject to its requirements as a political committee any applicable 527 organization. Excludes from the meaning of 527 organization for these purposes any committee, club, association, or other group of persons organized to influence: (1) the selection, nomination, election, appointment, or confirmation of one or more candidates to non-federal or non-elected office; or (2) any state or local ballot measure. Denies exception from treatment as an applicable 527 organization to any such a committee, club, association, or other groups of persons which makes disbursements aggregating more than $1,000 for: (1) a public communication that promotes, supports, attacks, or opposes a clearly identified candidate for federal office during the one year period ending on the date of the general election for the office sought by the clearly identified candidate; or (2) certain voter drive activity. Sets forth rules for allocation and funding by a political committee for certain expenses relating to federal and non-federal activities.

A bill to amend the Federal Election Campaign Act of 1971 to clarify when organizations described in section 527 of the Internal Revenue Code of 1986 must register as political committees, and for other purposes.

SECTION 1. ESTATE AND GIFT TAX RATES REDUCED TO 30 PERCENT. (a) Estate Tax.-- (1) In general.--Section 2001 of the Internal Revenue Code of 1986 (relating to estate tax) is amended by striking subsections (b) and (c) and by inserting after subsection (a) the following new subsection: ``(b) Computation of Tax.--The tax imposed by this section shall be the amount equal to the excess (if any) of-- ``(1) 30 percent of the sum of-- ``(A) the amount of the taxable estate, and ``(B) the amount of the adjusted taxable gifts, over ``(2) the aggregate amount of tax paid under chapter 12 with respect to gifts made by the decedent after December 31, 1976. For purposes of paragraph (1)(B), the term `adjusted taxable gifts' means the total amount of the taxable gifts (within the meaning of section 2503) made by the decedent after December 31, 1976, other than gifts which are includible in the gross estate of the decedent.'' (2) Conforming amendments.-- (A) Subsection (b) of section 2101 of such Code is amended to read as follows: ``(b) Computation of Tax.--The tax imposed by this section shall be the amount equal to the excess (if any) of-- ``(1) 30 percent of the sum of-- ``(A) the amount of the taxable estate, and ``(B) the amount of the adjusted taxable gifts, over ``(2) the aggregate amount of tax paid under chapter 12 with respect to gifts made by the decedent after December 31, 1976.'' (B) Subsection (c) of section 2102 of such Code is amended-- (i) by striking ``$13,000'' each place it appears and inserting ``$20,000'', and ``(ii) by striking ``$46,800'' and inserting ``$52,500''. (b) Gift Tax.-- (1) In general.--Section 2502 of such Code is amended to read as follows: ``SEC. 2502. RATE OF TAX. ``(a) General Rule.--The tax imposed by section 2501 for each calendar year shall be an amount equal to 30 percent of the sum of the taxable gifts for such calendar year. ``(b) Tax To Be Paid by Donor.--The tax imposed by section 2501 shall be paid by the donor.'' (2) Conforming amendments.-- (A) Subchapter A of chapter 12 of such Code is amended by striking section 2504. (B) The table of sections for such subchapter is amended by striking the item relating to section 2504. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 2. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $10,000,000 EXCLUSION; INFLATION ADJUSTMENT OF UNIFIED CREDIT. (a) In General.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows ``were the applicable exclusion amount'' and inserting ``. For purposes of the preceding sentence, the applicable exclusion amount is $10,000,000.'' (b) Inflation Adjustment.--Section 2010 of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Cost-of-Living Adjustment.--In the case of any decedent dying, and gift made, in a calendar year after 2003, the $10,000,000 amount set forth in subsection (c) shall be increased by an amount equal to-- ``(1) $10,000,000, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.'' (c) Conforming Amendment.--Subparagraph (A) of section 2057(a)(3) of such Code is amended by striking ``$625,000'' and inserting ``the excess of the applicable exclusion amount (determined without regard to this paragraph) over $675,000''. (d) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 3. ANNUAL GIFT TAX EXCLUSION INCREASED TO $50,000. (a) In General.--Subsection (b) of section 2503 of the Internal Revenue Code of 1986 (relating to exclusion from gifts) is amended by striking ``$10,000'' each place it appears and inserting ``$50,000''. (b) Conforming Amendment.--Paragraph (2) of section 2503(b) of such Code is amended-- (1) by striking ``1998'' and inserting ``2003'', and (2) by striking ``1997'' and inserting ``2002''. (c) Effective Date.--The amendments made by this section shall apply to gifts made after December 31, 2002.

Amends the Internal Revenue Code to: (1) reduce estate and gift tax rates to 30 percent; (2) increase the exclusion equivalent of the unified credit to $10 million; and (3) increase the annual gift tax exclusion to $50,000.

To amend the Internal Revenue Code of 1986 to reduce estate and gift tax rates to 30 percent, to increase the exclusion equivalent of the unified credit to $10,000,000, and to increase the annual gift tax exclusion to $50,000.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Bonuses for Terrorists Act''. SEC. 2. LIMITATIONS ON ASSISTANCE TO THE PALESTINIAN AUTHORITY AND THE PALESTINE LIBERATION ORGANIZATION. Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended by adding at the end the following new section: ``SEC. 620N. LIMITATIONS ON ASSISTANCE TO THE PALESTINIAN AUTHORITY AND THE PALESTINE LIBERATION ORGANIZATION. ``(a) Limitations.-- ``(1) Palestinian authority.--In addition to the limitation on assistance to the Palestinian Authority described in sections 620K and 620L, assistance may be provided under this Act to the Palestinian Authority only during a period for which a certification described in subsection (b) is in effect. ``(2) Palestine liberation organization.--Assistance may be provided under this Act to the Palestine Liberation Organization only during a period for which a certification described in subsection (b) is in effect. ``(b) Certification.--A certification described in paragraphs (1) and (2) of subsection (a) is a certification submitted by the Secretary of State to Congress that contains a determination of the Secretary that the Palestinian Authority, including any ministry, agency, or instrumentality or any official acting on behalf of any such ministry, agency, or instrumentality, and the Palestine Liberation Organization, as the case may be, has ceased the payment of any bonuses, financial compensation, or any other benefit not generally or otherwise available to the Palestinian population at large to the families of Palestinians killed in connection with-- ``(1) conspiring to commit an act of terrorism; or ``(2) the commission of an act of terrorism. ``(c) Recertifications.--Not later than 90 days after the date on which the Secretary of State submits to Congress an initial certification under subsection (b) and every six months thereafter-- ``(1) the Secretary shall submit to Congress a recertification that the conditions described in subsection (b) are continuing to be met; or ``(2) if the Secretary is unable to make such a recertification, the Secretary shall submit to Congress a report that contains the reasons therefor. ``(d) Congressional Notification.--Assistance made available under this Act to the Palestinian Authority or the Palestine Liberation Organization may not be provided until 15 days after the date on which the Secretary of State has provided notice thereof to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A(a). ``(e) Availability of Funds for Iron Dome.--If the Secretary of State is unable to submit a certification to Congress under subsection (b) or a recertification under subsection (c), funds made available under this Act for assistance to the Palestinian Authority and the Palestine Liberation Organization that otherwise would have been provided to the Palestinian Authority and the Palestine Liberation Organization shall, notwithstanding any other provision of law, be transferred and made available to the Secretary of Defense to provide assistance to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats. ``(f) Annual Reports.--The Secretary of State shall annually submit to the appropriate congressional committees a report on the amount of any bonuses, financial compensation, or any other benefit described in subsection (b) that have been disbursed by the Palestinian Authority, including by any ministry, agency, or instrumentality or any official acting on behalf of any such ministry, agency, or instrumentality, and the Palestine Liberation Organization in the preceding 12-month period. ``(g) Definitions.--In this section: ``(1) Act of terrorism.--The term `act of terrorism' means an act dangerous to human life that would violate the criminal laws of the United States if committed within the jurisdiction of the United States that appears to be intended to-- ``(A) intimidate or coerce a civilian population; ``(B) influence the policy of a government by intimidation or coercion; ``(C) affect the conduct of a government by mass destruction, assassination, or kidnapping; or ``(D) impair Israel's existence as a Jewish, democratic state within its current territorial boundaries. ``(2) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and ``(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. ``(3) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(4) Palestinian authority.--The term `Palestinian Authority' means the interim Palestinian administrative organization that governs part of the West Bank and all of the Gaza Strip (or any successor Palestinian governing entity), including the Palestinian Legislative Council.''.

No Bonuses for Terrorists Act This bill amends the Foreign Assistance Act of 1961 to prohibit the provision of assistance to the Palestinian Authority (PA) and the Palestinian Liberation Organization (PLO) until the Department of State has certified that the PA and the PLO have ceased paying financial compensation or any other benefit not generally available to the Palestinian population at large to the families of Palestinians killed in connection with an act of terrorism. Recertification is required every six months. If the State Department is unable to make such a certification: (1) it shall report to Congress why it is unable to do so, and (2) funds that otherwise would have been provided to the PA and the PLO shall be transferred and made available to the Department of Defense for assistance to Israel for procurement of the Iron Dome defense system. The State Department shall annually report on the amount of bonuses, financial compensation, or other benefits that have been disbursed by the PA and the PLO in the preceding 12 months.

No Bonuses for Terrorists Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Heritage Conservation Act''. SEC. 2. SPECIAL LIMITATION FOR CERTAIN CHARITABLE CONTRIBUTIONS OF ELIGIBLE FARMERS AND RANCHERS. (a) In General.--Section 170(b)(1) of the Internal Revenue Code of 1986 (relating to percentage limitations of individuals) is amended by redesignating subparagraph (F) as subparagraph (G) and inserting after subparagraph (E) the following: ``(F) Special limitation with respect to contributions described in subparagraph (a) of capital gain property by eligible farmers or ranchers.-- ``(i) In general.--Notwithstanding subparagraph (C), in the case of a charitable contribution described in subparagraph (A) of capital gain property (as defined in subparagraph (C)) of an eligible farmer or rancher who makes an election under clause (ii), the total amount of contributions of such property which may be taken into account under subsection (a) for any taxable year shall not exceed 100 percent of the taxpayer's contribution base for such year. For purposes of this subsection, contributions of capital gain property to which this subparagraph applies shall be taken into account after all other charitable contributions. ``(ii) Election.-- ``(I) In general.--A taxpayer may make an election under this clause to take the deduction under subsection (a) for any contribution described in clause (i) for a 15-consecutive- taxable-year period. ``(II) Effect of election.--A taxpayer may only make 1 election under this clause. Such election, once made, shall be irrevocable. ``(iii) Eligible farmer or rancher.--For purposes of this subparagraph, the term `eligible farmer or rancher' means a taxpayer-- ``(I) whose gross income from the trade or business of farming (within the meaning of section 2032A(e)(5)) is at least 51 percent of the taxpayer's gross income for the taxable year, and ``(II) in the case of a C corporation, the stock of which is not publicly traded on a recognized exchange.''. (b) Conforming Amendments.-- (1) Section 170(b)(1)(C)(i) of the Internal Revenue Code of 1986 is amended by inserting ``or (E)'' after ``subparagraph (D)''. (2) The second sentence of section 170(b)(1)(D) of such Code is amended by inserting ``(other than charitable contributions to which subparagraph (F) applies)'' before the period. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act. SEC. 3. MODIFICATIONS TO ENCOURAGE CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE FOR CONSERVATION PURPOSES. (a) Exclusion From Percentage Limitation.--Section 170(b)(1)(C) of the Internal Revenue Code of 1986 (relating to special limitation with respect to contributions described in subparagraph (A) of capital gain property) is amended by redesignating clause (iv) as clause (v) and by inserting after clause (iii) the following: ``(iv) Clauses (i) and (ii) shall not apply to a contribution of capital gain property which is a qualified conservation contribution (as defined in subsection (h)).''. (b) Unlimited Carryover for Certain Conservation Contributions of Capital Gain Property.--Paragraph (1) of section 170(d) of the Internal Revenue Code of 1986 (relating to carryover of excess contributions) is amended by adding at the end the following: ``(C) Unlimited carryover for certain conservation contributions.--Subparagraph (A) shall not apply to a contribution described in subsection (b)(1)(C)(iv). If the amount of the contribution described in subsection (b)(1)(C)(iv), payment of which is made within the taxable year, exceeds the taxpayer's contribution base for the taxable year, such excess shall be treated as a contribution so described paid in each succeeding taxable year, in order of time.''. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act. SEC. 4. INCREASE IN CHARITABLE CONTRIBUTION LIMIT FOR FARMERS AND RANCHERS DOING BUSINESS IN CORPORATE FORM. (a) In General.--Section 170(b)(1) of the Internal Revenue Code of 1986 (relating to percentage limitation of individuals), as amended by section 2(a), is amended by redesignating subparagraph (G) as subparagraph (H) and by inserting after subparagraph (F) the following: ``(G) Certain farmers and ranchers.--An eligible farmer or rancher (as defined in subparagraph (F)) shall be treated as an individual for purposes of this section with respect to any qualified conservation contribution.'' (b) Conforming Amendment.--Section 170(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``corporation,'' and inserting ``corporation (other than a corporation that is an eligible farmer or rancher as defined in paragraph (1)(F) with respect to a qualified conservation contribution),''. (c) Effective Date.--The amendments made by this section shall apply to donations of qualified conservation contributions (as defined in section 170(h) of the Internal Revenue Code of 1986) made after the date of the enactment of this Act, in taxable years ending after such date.

Rural Heritage Conservation Act - Amends the Internal Revenue Code, with respect to farm and ranch land, to: (1) establish special rules for the charitable contribution of such land; (2) treat a farmer or rancher, for purposes of the charitable contribution limit, as an individual with respect to any such contribution; and (3) provide an unlimited carryover for certain conservation contributions of capital gain property.

To amend the Internal Revenue Code of 1986 to provide special rules for the charitable deduction for conservation contributions of land by eligible farmers and ranchers, and for other purposes.

SECTION 1. CAPITAL GAIN TREATMENT OF GAIN FROM CONSTRUCTIVE OWNERSHIP TRANSACTIONS. (a) In General.--Part IV of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to special rules for determining capital gains and losses) is amended by inserting after section 1259 the following new section: ``SEC. 1260. GAINS FROM CONSTRUCTIVE OWNERSHIP TRANSACTIONS. ``(a) In General.--If the taxpayer has gain from a constructive ownership transaction with respect to any financial position and such gain would (without regard to this section) be treated as a long-term capital gain-- ``(1) such gain shall be treated as short-term capital gain to the extent that such gain exceeds the net underlying long- term capital gain, and ``(2) to the extent such gain is treated as a long-term capital gain after the application of paragraph (1), the determination of the capital gain rate (or rates) applicable to such gain under section 1(h) shall be determined on the basis of the respective rate (or rates) that would have been applicable to the net underlying long-term capital gain. ``(b) Interest Charge on Deferral of Gain Recognition.-- ``(1) In general.--If any gain is treated as short-term capital gain for any taxable year by reason of subsection (a)(1), the taxpayer's tax imposed by this chapter for such taxable year shall be increased by the amount of interest which would have been imposed under section 6601-- ``(A) for periods ending on the due date (without extensions) for the return of tax imposed by this chapter for such taxable year, and ``(B) on underpayments of tax for prior taxable years which would have resulted had such gain been included in gross income ratably during the period the constructive ownership transaction was open. Any amount payable under this paragraph shall be taken into account in computing the amount of any deduction allowable to the taxpayer for interest paid or accrued during such taxable year. ``(2) No credits against increase in tax.--Any increase in tax under paragraph (1) shall not be treated as tax imposed by this chapter for purposes of determining-- ``(A) the amount of any credit allowable under subpart A, B, D, or G of part IV of subchapter A of chapter 1, or ``(B) the amount of the tax imposed by section 55. ``(c) Financial Position.--For purposes of this section-- ``(1) In general.--The term `financial position' means any position with respect to any stock, debt instrument, partnership interest, or investment trust interest. ``(2) Position.--The term `position' means an interest, including a futures or forward contract, short sale, or option. ``(d) Constructive Ownership Transaction.-- ``(1) In general.--The taxpayer shall be treated as having entered into a constructive ownership transaction with respect to any financial position if the taxpayer (or a related person)-- ``(A) holds a long position under a notional principal contract with respect to the same or substantially identical property, ``(B) enters into a forward or futures contract to acquire the same or substantially identical property, ``(C) is the grantor of a put, and is the holder of a call, with respect to the same or substantially identical property and such options have substantially equal strike prices, or ``(D) enters into 1 or more other transactions (or acquires 1 or more positions) that have substantially the same effect as a transaction described in any of the preceding subparagraphs. ``(2) Exception for positions which are marked to market.-- This section shall not apply to any constructive ownership transaction if all of the positions which are part of such transaction are marked to market under any provision of this title or the regulations thereunder. ``(3) Long position.--A person shall be treated as holding a long position under a notional principal contract with respect to any property if such person-- ``(A) has the right to be paid (or receive credit for) all or substantially all of the investment yield (including appreciation) on such property for a specified period, and ``(B) is obligated to reimburse (or provide credit) for all or substantially all of any decline in the value of such property. ``(4) Forward contract.--The term `forward contract' has the meaning given to such term by section 1259(d)(1). ``(5) Related person.--The term `related person' has the meaning given to such term by section 1259(c)(4). ``(e) Net Underlying Long-Term Capital Gain.--For purposes of this section, in the case of any constructive ownership transaction with respect to any financial position, the term `net underlying long-term capital gain' means the aggregate net capital gain that the taxpayer would have had if-- ``(1) such position had been acquired on the date such transaction was opened and sold on the date such transaction was closed, and ``(2) only gains and losses that would have resulted from the deemed ownership under paragraph (1) were taken into account. The amount of the net underlying long-term capital gain with respect to any financial position shall be treated as zero unless the amount thereof is established by clear and convincing evidence. ``(f) Exception If Mark to Market Elected.-- ``(1) In general.--In the case of a taxpayer who elects to have this subsection apply-- ``(A) subsections (a) and (b) shall not apply, ``(B) such taxpayer shall recognize gain or loss on any constructive ownership transaction which is open as of the close of any taxable year as if the financial position to which such transaction relates were sold for its fair market value on the last business day of such taxable year, and ``(C) any gain or loss shall be taken into account for such taxable year. Proper adjustment shall be made in the amount of any gain or loss subsequently realized for gain or loss taken into account under the preceding sentence. ``(2) Character of gain or loss.-- ``(A) In general.--Any gain or loss with respect to a constructive ownership transaction under paragraph (1) shall be treated as ordinary income or loss. ``(B) Special rule for dispositions.--If-- ``(i) gain or loss is recognized with respect to a constructive ownership transaction before the close of the taxable year, and ``(ii) paragraph (1) would have applied if the transaction were open as of the close of the taxable year, such gain or loss shall be treated as ordinary income or loss. ``(3) Election.--An election under paragraph (1) may be made without the consent of the Secretary. Such an election, once made, shall apply to the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for part IV of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1260. Gains from constructive ownership transactions.''. (c) Effective Date.--The amendments made by this section shall apply to gain recognized after the date of the enactment of this Act.

Amends the Internal Revenue Code to treat a gain as a short-term capital gain to the extent such gain exceeds the net underlying long-term capital gain where the taxpayer has gain from a constructive ownership transaction with respect to any financial position and such gain otherwise would be treated as a long-term capital gain. Provides that, to the extent such gain is treated as a long-term capital gain after the application of the previous sentence, the determination of the applicable capital gain rate (or rates) shall be determined on the basis of the respective rate (or rates) that would have been applicable to the net underlying long-term capital gain. Sets forth definitions and exceptions.

To amend the Internal Revenue Code of 1986 to prevent the conversion of ordinary income or short-term capital gain into income eligible for the long-term capital gain rates, and for other purposes.

SECTION 1. PRESIDENTIAL ACTIONS IN RESPONSE TO VIOLATIONS OF RELIGIOUS FREEDOM. Section 401(b)(2) of the International Religious Freedom Act of 1998 (22 U.S.C. 6441(b)(2)) is amended to read as follows: ``(2) Deadline for actions.-- ``(A) In general.--Except as provided in subparagraph (B), not later than 90 days after the date on which each report is submitted under section 102(b), the President shall take 1 or more of the actions described in section 405(a) or a commensurate action with respect to each foreign country in which the government has engaged in or tolerated violations of religious freedom at any time since the previous such report was submitted. ``(B) Additional prerequisite.--The President may not take any of the actions described in paragraphs (9) through (15) of section 405(a) or a commensurate action until the President certifies that the requirements under sections 403 and 404 have been satisfied.''. SEC. 2. PRESIDENTIAL ACTIONS IN RESPONSE TO PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. (a) Designations of Countries of Particular Concern for Religious Freedom.--Section 402(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by striking ``Not later than September 1 of each year, the President shall review'' and inserting the following: ``Not later than 90 days after the date on which each report is submitted under section 102(b), the President shall-- ``(i) review''; and (ii) by striking ``or since the date'' and all that follows through ``longer. The President shall designate'' and inserting the following: ``longer; and ``(ii) designate''; and (B) in subparagraph (C), by striking ``prior to September 1 of the respective year'' and inserting ``before the date on which the report is submitted under section 102(b)''; and (2) in paragraph (3)-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving each clause 2 ems to the right; (B) in the matter preceding clause (i), as redesignated-- (i) by striking ``Whenever'' and inserting the following: ``(A) In general.--Whenever''; and (ii) by striking ``as soon as practicable'' and inserting ``not later than 120 days''; (C) in subparagraph (A), as redesignated-- (i) in clause (i), as redesignated, by striking ``and'' at the end; (ii) in clause (ii), as redesignated, by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(iii) the actions taken, the purposes of the actions taken, and evaluation of the effectiveness of the actions taken.''; and (D) by adding at the end the following: ``(B) Countries recommended by the commission.--If the President does not designate a country as a country of particular concern for religious freedom under paragraph (1)(A) after the Commission has recommended such designation, the President shall submit a report to Congress that contains the reasons for such nondesignation. ``(C) Removal of designation.--A country that is designated as a country of particular concern for religious freedom under paragraph (1)(A) shall retain such designation until the President determines and reports to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the country should no longer be so designated.''. (b) Presidential Actions With Respect to Countries of Particular Concern for Religious Freedom.--Section 402(c)(5) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(c)(5)) is amended-- (1) in the second sentence-- (A) by striking ``must'' and inserting ``shall''; (B) by striking ``he'' and inserting ``the President''; and (C) by inserting ``and include a description of the impact of the designation of such sanction or sanctions'' before the period at the end; and (2) by adding at the end the following: ``The President shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that explains why the decision was made that 1 or more of such sanctions also satisfy the requirements of this subsection.''. SEC. 3. CONSULTATIONS. Section 403(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6443(a)) is amended by striking ``As soon as practicable'' and inserting ``Not later than 90 days''. SEC. 4. PRESIDENTIAL WAIVER. Section 407(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6447(a)) is amended by inserting ``, for a 180-day period,'' after ``may waive''. SEC. 5. TERMINATION OF PRESIDENTIAL ACTIONS. Section 409 of the International Religious Freedom Act of 1998 (22 U.S.C. 6449) is amended by striking ``on the earlier of'' and all that follows through ``Upon'' and inserting ``upon''.

Amends the International Religious Freedom Act of 1998 to revise presidential requirements, including reporting requirements, with respect to the designation of a country as a country of particular concern for religious freedom.

A bill to amend the International Religious Freedom Act of 1998 to support religious freedom in foreign countries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive National Mercury Monitoring Act''. SEC. 2. FINDINGS. Congress finds that-- (1) mercury is a potent neurotoxin of significant ecological and public health concern; (2) exposure to mercury occurs largely by consumption of contaminated fish, and children and women of childbearing age who consume large quantities of fish are at high risk of suffering adverse effects; (3) it is estimated that more than 630,000 children born each year in the United States are exposed to elevated methyl mercury in the womb and are at risk of impaired neurological development; (4) 8 percent of women in the United States of childbearing age have blood mercury levels in excess of values determined to be safe by the Environmental Protection Agency; (5) as of 2004, fish consumption advisories due to mercury contamination have been issued for 44 States, including 21 statewide advisories for freshwater and 12 statewide advisories for coastal water; (6) those advisories represent more than 52,000 square kilometers of lakes and 1,230,000 kilometers of rivers; (7) fish and shellfish are an important source of dietary protein, and a healthy fishing resource is important to the economy of the United States; (8) the extent of fish consumption advisories underscores the extensive human and ecological health risk posed by mercury pollution; (9) the interaction of mercury with the environment and bioaccumulation in biota are not fully understood; (10) computer models and other assessment tools predict varying effectiveness in reducing mercury concentrations in fish, and no broad-scale data sets exist to test model predictions; (11) in September 2003, the Society of Environmental Toxicology and Chemistry convened a workshop of 32 mercury scientists to develop a system to measure and document changes resulting from reductions in mercury emissions in the United States; (12) on January 1, 2005, an article entitled ``Monitoring the Response to Changing Mercury Deposition''-- (A) was published in the periodical Environmental Science and Technology; and (B) proposed a ``holistic, multimedia, long-term mercury monitoring program''; (13) many regulations limiting mercury emissions have taken effect or will soon be promulgated, but scientists are not adequately measuring the environmental benefits of reduced mercury emissions; (14) on May 18, 2005, the Administrator of the Environmental Protection Agency, using results generated by a computer model that were not peer reviewed or verified by actual measurements, finalized the Clean Air Mercury Rule (70 Fed. Reg. 28606 (May 18, 2005)); (15) as governments advance proposals for the regulation of mercury and mercury emissions, the governments should document whether regulations already or soon to be in effect achieve the desired results; (16) on May 15, 2006, the Office of Inspector General of the Environmental Protection Agency issued a report entitled, ``Monitoring Needed to Assess Impact of EPA's Clean Air Mercury Rule (CAMR) on Potential Hotspots'', and numbered 2006-P-0025, that states, in part-- (A) ``Without field data from an improved monitoring network, EPA's ability to advance mercury science will be limited and `utility-attributable' hotspots that pose health risks may occur and go undetected''; and (B) ``We recommend that EPA develop and implement a mercury monitoring plan to (1) assess the impact of CAMR, if adopted, on mercury deposition and fish tissue; and (2) evaluate and refine mercury estimation tools and models''; (17) on January 9, 2007, numerous individuals published a paper in the journal entitled ``BioScience'' that identified the location of biological mercury hotspots in the northeastern region of the United States and the southeastern region of Canada, including-- (A) David Evers and Wing Goodale of the BioDiversity Research Institute in Gorham, Maine; (B) Charles Driscoll of Syracuse University; (C) Kathleen Fallon Lambert of the Hubbard Brook Research Foundation in Hanover, New Hampshire; (D) Neil Kamman of the Vermont Department of Environmental Conservation; and (E) other concerned individuals; (18) on January 9, 2007, Charles Driscoll and other concerned individuals published a paper in the journal entitled ``BioScience'' that established a link between-- (A) mercury contamination in forest and freshwater ecosystems located in the northeastern region of the United States; and (B) mercury emissions generated by electric utilities, incinerators, and industrial processes; and (19) those papers published in the journal entitled ``BioScience''-- (A) demonstrated the importance of the use of mercury measurements in addition to modeling results; and (B) indicated the need for a comprehensive nationwide mercury monitoring program. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Advisory committee.--The term ``Advisory Committee'' means the Mercury Monitoring Advisory Committee established by section 5(a). (3) Ecoregion.--The term ``ecoregion'' means a large area of land and water that contains a geographically distinct assemblage of natural communities, including similar land forms, climate, ecological processes, and vegetation. (4) Mercury export.--The term ``mercury export'' means mercury flux from a watershed to the corresponding water body, or from 1 water body to another (e.g. a lake to a river), generally expressed as mass per unit time. (5) Mercury flux.--The term ``mercury flux'' means the rate of transfer of mercury between ecosystem components (e.g. between water and air), or between portions of ecosystem components, expressed in terms of mass per unit time or mass per unit area per time. (6) Surface sediment.--The term ``surface sediment'' means sediment in the uppermost 2 centimeters of a lakebed or riverbed. SEC. 4. MONITORING PROGRAM. (a) Establishment.-- (1) In general.--The Administrator, in consultation with the United States Fish and Wildlife Service, the United States Geological Survey, the Forest Service, the National Park Service, and the National Oceanic and Atmospheric Administration, shall establish a national-scale mercury monitoring program. (2) Monitoring sites.--In carrying out paragraph (1), not later than 1 year after the date of enactment of this Act, the Administrator shall select multiple monitoring sites in ecoregions of the United States. (b) Air and Watersheds.--The program under this section shall monitor long-term changes in mercury levels in the air and watersheds, including-- (1) at such locations or portions of locations selected under subsection (a)(2) as the Administrator determines to be appropriate, the measurement and recording of-- (A) wet mercury deposition; (B) dry deposition of mercury; and (C) mercury flux and mercury export; and (2) at all locations selected under subsection (a)(2), the measurement and recording of the level of mercury reemitted from aquatic and terrestrial environments into the atmosphere. (c) Water and Soil Chemistry.--The program under this section shall monitor mercury levels in water and soil chemistry, including-- (1) at such locations or portions of locations selected under subsection (a)(2) as the Administrator determines to be appropriate-- (A) extraction and analysis of sediment cores; and (B) measurement and recording of total mercury concentrations and methyl mercury concentrations throughout the water column; and (2) at all locations selected under subsection (a)(2)-- (A) measurement and recording of total mercury concentration, methyl mercury concentration, and percent methyl mercury in surface sediments; and (B) measurement and recording of total mercury concentration and methyl mercury concentration in surface water. (d) Aquatic Plants and Animals.--The program under this section shall monitor mercury levels in plants and animals, including-- (1) at all locations selected under subsection (a)(2), measurement and recording of-- (A) methyl mercury levels in yearling fish; (B) mercury levels, and other scientific data relevant to assessment of the health of the fish population, in commercially or recreationally important fish; and (C) mercury levels in the appropriate tissue in reptiles, amphibians, birds, and mammals; and (2) at such locations or portions of locations selected under subsection (a)(2) as the Administrator determines to be appropriate, measurement and recording of mercury levels in phytoplankton, algae, zooplankton, and benthic invertebrates. SEC. 5. ADVISORY COMMITTEE. (a) Establishment.--There is established a scientific advisory committee, to be known as the ``Mercury Monitoring Advisory Committee'', to advise the Administrator with respect to the establishment and operation (including the location of sampling sites) of the national mercury monitoring program under this Act. (b) Membership.--The Advisory Committee shall consist of at least 13 scientists who are not employees of the Federal Government, including-- (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the National Park Service; (4) 2 scientists appointed by the Director of the Forest Service; (5) 2 scientists appointed by the Director of the United States Geological Survey; and (6) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. SEC. 6. REPORTS AND PUBLIC DISCLOSURE. (a) Reports.-- (1) Biennial report.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall submit to Congress a report on the program under this Act. (2) Quadrennial assessment.--In the second biennial report submitted under paragraph (1), and in the biennial report submitted every 4 years thereafter, the Administrator shall include an assessment of the reduction in mercury deposition rates that would be required to be achieved in order to prevent adverse ecological effects. (b) Availability of Data.--The Administrator shall make all data obtained pursuant to this Act available to the public. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) for fiscal year 2008-- (A) to the Environmental Protection Agency $9,000,000; (B) to the United States Geological Survey $4,500,000; (C) to the United States Fish and Wildlife Service $4,500,000; and (D) to the National Oceanic and Atmospheric Administration $1,000,000; (2) for fiscal year 2009-- (A) to the Environmental Protection Agency $6,000,000; (B) to the United States Geological Survey $3,000,000; (C) to the United States Fish and Wildlife Service $3,000,000; and (D) to the National Oceanic and Atmospheric Administration $1,000,000; (3) for fiscal year 2010-- (A) to the Environmental Protection Agency $6,500,000; (B) to the United States Geological Survey $3,250,000; (C) to the United States Fish and Wildlife Service $3,250,000; and (D) to the National Oceanic and Atmospheric Administration $1,000,000; and (4) such sums as are necessary for each of fiscal years 2011 through 2013 to-- (A) the Environmental Protection Agency; (B) the United States Geological Survey; (C) the United States Fish and Wildlife Service; and (D) the National Oceanic and Atmospheric Administration.

Comprehensive National Mercury Monitoring Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a national-scale mercury monitoring program. Requires such program to monitor: (1) long-term changes in mercury levels in the air and watersheds; (2) mercury levels in water and soil chemistry; and (3) mercury levels in plants and animals. Establishes the Mercury Monitoring Advisory Committee to advise the Administrator on the establishment and operation of the program.

A bill to provide for the establishment of a national mercury monitoring program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Safety and Quality Improvement Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) In 1999, the Institute of Medicine released a report entitled To Err is Human that described medical errors as the eighth leading cause of death in the United States, with as many as 98,000 people dying as a result of medical errors each year. (2) To address these deaths and injuries due to medical errors, the health care system must identify and learn from such errors so that systems of care can be improved. (3) In their report, the Institute of Medicine called on Congress to provide legal protections with respect to information reported for the purposes of quality improvement and patient safety. (4) The Health, Education, Labor, and Pensions Committee of the Senate held 4 hearings in the 106th Congress and 1 hearing in the 107th Congress on patient safety where experts in the field supported the recommendation of the Institute of Medicine for congressional action. (5) Myriad public and private patient safety initiatives have begun. The Quality Interagency Coordination Taskforce has recommended steps to improve patient safety that may be taken by each Federal agency involved in health care and activities relating to these steps are ongoing. (6) The research on patient safety unequivocally calls for a learning environment, rather than a punitive environment, in order to improve patient safety. (7) Voluntary data gathering systems are more supportive than mandatory systems in creating the learning environment referred to in paragraph (5) as stated in the Institute of Medicine's report. (8) Promising patient safety reporting systems have been established throughout the United States and the best ways to structure and use these systems are currently being determined, largely through projects funded by the Agency for Healthcare Research and Quality. (9) The Department of Health and Human Services has initiated several patient safety projects. The Joint Commission on Accreditation of Healthcare Organizations issued a patient safety standard that went into effect on July 1, 2001, and the peer review organizations are conducting ongoing studies of clinical performance measurement of care delivered to beneficiaries under the medicare program under title XVIII of the Social Security Act. (10) Many organizations currently collecting patient safety data have expressed a need for legal protections that will allow them to review protected information so that they may collaborate in the development and implementation of patient safety improvement strategies. Currently, the State peer review protections provide inadequate conditions to allow the sharing of information to promote patient safety. (11) In 2001, the Institute of Medicine released a report entitled Crossing the Quality Chasm that found that the United States health care system does not consistently deliver high quality care to patients. (b) Purposes.--It is the purpose of this Act to-- (1) encourage a culture of safety and quality in the United States health care system by providing for legal protection of information reported voluntarily for the purposes of quality improvement and patient safety; and (2) ensure accountability by raising standards and expectations for continuous quality improvements in patient safety through the actions of the Secretary of Health and Human Services. SEC. 3. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT. Title IX of the Public Health Service Act (42 U.S.C. 299 et seq.) is amended-- (1) in section 912(c), by inserting ``, in accordance with part C,'' after ``The Director shall''; (2) by redesignating part C as part D; (3) by redesignating sections 921 through 928, as sections 931 through 938, respectively; (4) in section 938(1) (as so redesignated), by striking ``921'' and inserting ``931''; and (5) by inserting after part B the following: ``PART C--PATIENT SAFETY IMPROVEMENT ``SEC. 921. DEFINITIONS. ``In this part: ``(1) Non-identifiable information.--The term `non- identifiable information' means information that is presented in a form and manner that prevents the identification of any provider, patient, and the reporter of patient safety data. ``(2) Patient safety data.--The term `patient safety data' means-- ``(A) any data, reports, records, memoranda, analyses, deliberative work, statements, root cause analyses, or quality improvement processes that could result in improved patient safety or health care quality, that are-- ``(i) collected or developed by a provider for the purpose of reporting to a patient safety organization; ``(ii) reported to a patient safety organization for patient safety or quality improvement processes; ``(iii) requested by a patient safety organization (including the contents of such request); ``(iv) reported to a provider by a patient safety organization; ``(v) collected or developed by a patient safety organization; or ``(vi) reported among patient safety organizations, after obtaining authorization; or ``(B) information related to corrective actions taken in response to patient safety data; for the purpose of improving patient safety, health care quality, or health care outcomes. ``(3) Patient safety organization.--The term `patient safety organization' means a private or public organization or component thereof that performs the following activities (which are deemed to be necessary for the proper management and administration of such organization or component thereof): ``(A) The conduct, as its primary activity, of efforts to improve patient safety and the quality of health care delivery. ``(B) The collection and analysis of patient safety data that are voluntarily submitted by a provider. ``(C) The development and dissemination of information to providers with respect to improving patient safety, such as recommendations, protocols, or information regarding best practices. ``(D) The utilization of patient safety data to carry out activities under this paragraph and for the purposes of encouraging a culture of safety and of providing direct feedback and assistance to providers to effectively minimize patient risk. ``(E) The maintenance of confidentiality with respect to individually identifiable health information. ``(F) The provision of appropriate security measures with respect to patient safety data. ``(G) The certification to the Agency that the patient safety organization satisfies the criteria of this paragraph for the period in which the organization is carrying out such duties. ``(4) Provider.--The term `provider' means-- ``(A) a provider of services (as defined in section 1861(u) of the Social Security Act) and a person furnishing any medical or other health care services (as defined in section 1861(s)(1) and (2) of such Act) through, or under the authority of, such a provider of services; ``(B) a physician (as defined in section 1861(r) of such Act); ``(C) any other person, including a pharmacist, who is engaged in the delivery of medical or other health services (as defined in section 1861(s)(1) and (2) of such Act) in a State and who is required by State law or regulation to be licensed or certified by the State to engage in the delivery of such services in the State; ``(D) a renal dialysis facility, ambulatory surgical center, pharmacy, physician or health care practitioner's office, long term care facility, behavioral health residential treatment facility, or clinical laboratory; or ``(E) any other person or entity specified in regulations by the Secretary after public notice and comment. ``SEC. 922. CONFIDENTIALITY AND PEER REVIEW PROTECTIONS. ``(a) In General.--Notwithstanding any other provision of law, and subject to this section, patient safety data shall be privileged and confidential. ``(b) Scope of Privilege.--Subject to the provisions of subsection (c), patient safety data to which subsection (a) applies shall not be-- ``(1) subject to a civil, criminal, or administrative subpoena; ``(2) subject to discovery in connection with a civil, criminal, or administrative proceeding; ``(3) disclosed pursuant to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act) or any other similar Federal or State law; ``(4) admitted as evidence or otherwise disclosed in any civil, criminal, or administrative proceeding; or ``(5) utilized in an adverse employment action or in the evaluation of decisions made in relation to accreditation, certification, credentialing or licensing of an individual, that is based on such individual's participation in the development, collection, reporting, or storage of patient safety data in accordance with this part. ``(c) Disclosure Requirements.--Nothing in this section shall be construed to prohibit one or more of the following disclosures (which are deemed to be necessary for the proper management and administration of the patient safety organization): ``(1) Disclosures by a provider in complying with authorized requests for the provision of information to which subsection (a) applies (such as a patient's medical record or other relevant information) that is in the control of such a provider and that has been developed, maintained, or exists separately from the process by which the provider collects or develops information for reporting to a patient safety organization. ``(2) Disclosures by a provider or patient safety organization of patient safety data as part of a disciplinary proceeding relating to a provider, or a criminal proceeding, if such a disclosure of such patient safety data is-- ``(A) material to the proceeding; ``(B) within the public interest; and ``(C) not available from any other source. ``(3) Disclosures by a provider or patient safety organization of relevant information to the Food and Drug Administration, or to a person that is subject to the jurisdiction of such Administration, with respect to an Administration-regulated product or activity for which that entity has responsibility, for the purposes of activities related to the quality, safety, or effectiveness of such Administration-regulated product or activity, subject to section 520(c) of the Federal Food, Drug, and Cosmetic Act. ``(4) Disclosures by a provider or patient safety organization of information to which subsection (a) applies to carry out activities described in paragraph (2)(A) (i) through (vi) or (3) of section 921. ``(d) Transfer of Information.--The transfer of any patient safety data by a provider to a patient safety organization shall not be treated as a waiver of any privilege or protection established under this part or established under State law. ``(e) Penalty.--Except as provided in subsection (c) and as otherwise provided for in this section, it shall be unlawful for any person to disclose any patient safety data described in subsection (a). Any person violating the provisions of this section shall, upon conviction, be fined in accordance with section 934(d). ``(f) No Limitation of Other Privileges.--Nothing in this section shall be construed to limit other privileges that are available under Federal or State laws that provide greater peer review or confidentiality protections than the peer review and confidentiality protections provided for in this section. ``(g) Rule of Construction.--Nothing in this section shall be construed to alter or affect the implementation of any provision of section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 2033) or any regulation promulgated under such section. ``SEC. 923. NATIONAL DATABASE. ``(a) Authority.-- ``(1) In general.--In conducting activities under this part, the Secretary may provide for the establishment and maintenance of a database to receive relevant non-identifiable patient safety data, or may designate entities to collect relevant non-identifiable patient safety data, that is voluntarily reported by patient safety organizations upon the request of the Secretary. ``(2) Use of data.--Data reported to any database established or designated under paragraph (1) shall be used to analyze regional variations and national statistics related to patient safety and health care quality. The information resulting from such analyses may be included in the annual quality reports prepared under section 913(b)(2). ``(b) Standards.--In developing or designating a database under subsection (a)(1), the Secretary may determine common formats for the voluntary reporting of non-identifiable patient safety data, including necessary data elements, common and consistent definitions, and a standardized computer interface for the processing of such data. To the extent practicable, such standards shall be consistent with the administrative simplification provisions of part C of title XI of the Social Security Act. ``(c) Confidentiality.--Any non-identifiable patient safety data that is transferred to the database under this section shall be privileged and confidential. ``SEC. 924. TECHNICAL ASSISTANCE. ``The Secretary, acting through the Director, may provide technical assistance to patient safety organizations. Such assistance shall include annual meetings for patient safety organizations to discuss methodology, communication, data collection, or privacy concerns. ``SEC. 925. PROMOTING THE INTEGRATION OF HEALTH CARE INFORMATION TECHNOLOGY SYSTEMS. ``(a) Development.--Not later than 36 months after the date of enactment of the Patient Safety and Quality Improvement Act, the Secretary shall develop or adopt voluntary national standards that promote the integration of health care information technology systems. ``(b) Updates.--The Secretary shall provide for the ongoing review and periodic updating of the standards developed under subsection (a). ``(c) Dissemination.--The Secretary shall provide for the dissemination of the standards developed and updated under this section. ``SEC. 926. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated such sums as may be necessary to carry out this part.''. SEC. 4. STUDIES AND REPORTS. (a) Medical Technologies and Therapies.-- (1) In general.--The Secretary of Health and Human Services shall enter into a contract with an appropriate research organization for the conduct of a study to assess the impact of medical technologies and therapies on patient safety, patient benefit, health care quality, and the costs of care as well as productivity growth. Such study shall determine-- (A) the extent to which the current health care system's use of labor versus the use of technology has contributed to increases in the share of the gross domestic product that is devoted to health care and the impact of medical technologies and therapies on such increases; (B) the extent to which early and appropriate introduction and integration of innovative medical technologies and therapies may affect the overall productivity and quality of the health care delivery systems of the United States; and (C) the relationship of such medical technologies and therapies to patient safety, patient benefit, health care quality, and cost of care. (2) Report.--Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services shall prepare and submit to the appropriate committees of Congress a report containing the results of the study conducted under paragraph (1). (b) State Laws Relating to Patient Safety Peer Review Systems.-- (1) Survey.--The Attorney General shall conduct a survey of State laws that relate to patient safety data peer review systems, including laws that establish an evidentiary privilege applicable to data developed by such systems, and shall review the manner in which such laws have been interpreted by the courts. (2) Report.--Not later than 9 months after the date of enactment of this Act, the Attorney General shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report concerning the results of the survey conducted under paragraph (1).

Patient Safety and Quality Improvement Act - Amends the Public Health Service Act to make patient safety data privileged and confidential. Excludes such data from subpoena, discovery, disclosure under the Freedom of Information Act (FOIA), evidentiary use, or any credentialing or licensing situation. Permits disclosures necessary to the proper management and administration of the patient safety organization, including maintenance of a patient's medical record, in a disciplinary proceeding relating to a provider, or as needed by the Food and Drug Administration for regulatory purposes.Authorizes the establishment of a database for non-identifiable patient safety data, consistent, if practicable, with the administrative simplification provisions of the Social Security Act.Authorizes technical assistance, including annual meetings for patient safety organizations.Requires the Secretary of Health and Human Services to develop or adopt voluntary national standards promoting the integration of health care information technology systems.Requires the Secretary to contract for and report to Congress on a study assessing the impact of medical technologies and therapies on patient safety and benefit, health care quality and costs, as well as productivity growth.Directs the Attorney General to survey and report to Congress on State laws and their interpretation as they relate to patient safety data peer review systems.

A bill to amend title IX of the Public Health Service Act to provide for the improvement of patient safety and to reduce the incidence of events that adversely effect patient safety.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Three Kids Mine Remediation and Reclamation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the approximately 948 acres of Bureau of Reclamation and Bureau of Land Management land within the Three Kids Mine Project Site, as depicted on the map. (2) Hazardous substance; pollutant or contaminant; release; remedy; response.--The terms ``hazardous substance'', ``pollutant or contaminant'', ``release'', ``remedy'', and ``response'' have the meanings given those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (3) Henderson redevelopment agency.--The term ``Henderson Redevelopment Agency'' means the redevelopment agency of the City of Henderson, Nevada, established and authorized to transact business and exercise the powers of the agency in accordance with the Nevada Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 279.685). (4) Map.--The term ``map'' means the map entitled ``Three Kids Mine Project Area'' and dated August 2, 2011. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Nevada. (7) Three kids mine project site.--The term ``Three Kids Mine Project Site'' means the approximately 1,262 acres of land that is-- (A) comprised of-- (i) the Federal land; and (ii) the approximately 314 acres of adjacent non-Federal land; and (B) depicted as the ``Three Kids Mine Project Site'' on the map. SEC. 3. LAND CONVEYANCE. (a) In General.--Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713) and section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620), and any other provision of law, as soon as practicable after the conditions described in subsection (b) have been met, and subject to valid existing rights, the Secretary shall convey to the Henderson Redevelopment Agency all right, title, and interest of the United States in and to the Federal land. (b) Conditions.-- (1) Appraisal; fair market value.-- (A) In general.--As consideration for the conveyance under subsection (a), the Henderson Redevelopment Agency shall pay the fair market value of the Federal land, if any, as determined under subparagraph (B) and as adjusted under subparagraph (E). (B) Appraisal.--The Secretary shall determine the fair market value of the Federal land based on an appraisal-- (i) that is conducted in accordance with nationally recognized appraisal standards, including-- (I) the Uniform Appraisal Standards for Federal Land Acquisitions; and (II) the Uniform Standards of Professional Appraisal Practice; and (ii) that does not take into account any existing contamination associated with historical mining on the Federal land. (C) Remediation and reclamation costs.-- (i) In general.--The Secretary shall prepare a reasonable estimate of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. (ii) Considerations.--The estimate prepared under clause (i) shall be-- (I) based on the results of a comprehensive Phase II environmental site assessment of the Three Kids Mine Project Site prepared by the Henderson Redevelopment Agency or a designee that has been approved by the State; and (II) prepared in accordance with the current version of the ASTM International Standard E-2137-06 entitled ``Standard Guide for Estimating Monetary Costs and Liabilities for Environmental Matters.'' (iii) Assessment requirements.--The Phase II environmental site assessment prepared under clause (ii)(I) shall, without limiting any additional requirements that may be required by the State, be conducted in accordance with the procedures of-- (I) the most recent version of ASTM International Standard E-1527-05 entitled ``Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process''; and (II) ASTM International Standard E- 1903-97 entitled ``Standard Guide for Environmental Site Assessments: Phase II Environmental Site Assessment Process'' (2002). (iv) Review of certain information.-- (I) In general.--The Secretary shall review and consider cost information proffered by the Henderson Redevelopment Agency and the State in the preparation of the estimate under this subparagraph. (II) Final determination.--If there is a disagreement among the Secretary, Henderson Redevelopment Agency, and the State over the reasonable estimate of costs under this subparagraph, the parties shall jointly select 1 or more experts to assist the Secretary in making the final estimate of the costs. (D) Deadline.--Not later than 30 days after the date of enactment of this Act, the Secretary shall begin the appraisal and cost estimates under subparagraphs (B) and (C), respectively. (E) Adjustment.--The Secretary shall administratively adjust the fair market value of the Federal land, as determined under subparagraph (B), based on the estimate of remediation, and reclamation costs, as determined under subparagraph (C). (2) Mine remediation and reclamation agreement executed.-- (A) In general.--The conveyance under subsection (a) shall be contingent on the Secretary receiving from the State written notification that a mine remediation and reclamation agreement has been executed in accordance with subparagraph (B). (B) Requirements.--The mine remediation and reclamation agreement required under subparagraph (A) shall be an enforceable consent order or agreement administered by the State that-- (i) obligates a party to perform the remediation and reclamation work at the Three Kids Mine Project Site necessary to complete a permanent and appropriately protective remedy to existing environmental contamination and hazardous conditions; and (ii) contains provisions determined to be necessary by the State, including financial assurance provisions to ensure the completion of the remedy. (3) Notification from agency.--As a condition of the conveyance under subsection (a), the Secretary shall receive from the Henderson Redevelopment Agency written notification that the Henderson Redevelopment Agency is prepared to accept conveyance of the Federal land under that subsection. SEC. 4. WITHDRAWAL. (a) In General.--Subject to valid existing rights, for the 10-year period beginning on the earlier of the date of enactment of this Act or the date of the conveyance required by this Act, the Federal land is withdrawn from all forms of-- (1) entry, appropriation, operation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and the geothermal leasing laws. (b) Existing Reclamation Withdrawals.--Subject to valid existing rights, any withdrawal under the public land laws that includes all or any portion of the Federal land for which the Bureau of Reclamation has determined that the Bureau of Reclamation has no further need under applicable law is relinquished and revoked solely to the extent necessary-- (1) to exclude from the withdrawal the property that is no longer needed; and (2) to allow for the immediate conveyance of the Federal land as required under this Act. SEC. 5. ACEC BOUNDARY ADJUSTMENT. Notwithstanding section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713), the boundary of the River Mountains Area of Critical Environmental Concern (NVN 76884) is adjusted to exclude any portion of the Three Kids Mine Project Site consistent with the map. SEC. 6. RELEASE OF THE UNITED STATES. Upon making the conveyance under section 3, notwithstanding any other provision of law, the United States is released from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product of any kind), solid waste, mine materials or mining-related features (including tailings, overburden, waste rock, mill remnants, pits, or other hazards resulting from the presence of mining related features) at the Three Kids Mine Project Site in existence on or before the date of the conveyance.

Three Kids Mine Remediation and Reclamation Act - Directs the Secretary of the Interior to convey to the Henderson Redevelopment Agency of the city of Henderson, Nevada, the Three Kids Mine Project Site for the environmental remediation and reclamation of the Site. Requires Henderson Redevelopment Agency to pay the fair market value, if any, of the federal land, as determined and as adjusted based on remediation and reclamation costs. Excludes from the determination of fair market value any existing contamination associated with historical mining on such land. Adjusts the boundary of the River Mountains Area of Critical Environmental Concern to exclude any part of the Project Site. Releases the United States, upon making the conveyance, from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product, solid waste, or mining related materials at the Three Kids Mine Project Site in existence on or before the date of the conveyance.

A bill to provide for the conveyance of certain Federal land in Clark County, Nevada, for the environmental remediation and reclamation of the Three Kids Mine Project Site, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizens' Freedom to Work Act of 1998''. SEC. 2. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in subsection (c)(1), by striking ``the age of seventy'' and inserting ``retirement age (as defined in section 216(l))''; (2) in paragraphs (1)(A) and (2) of subsection (d), by striking ``the age of seventy'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; (3) in subsection (f)(1)(B), by striking ``was age seventy or over'' and inserting ``was at or above retirement age (as defined in section 216(l))''; (4) in subsection (f)(3)-- (A) by striking ``33\1/3\ percent'' and all that follows through ``any other individual,'' and inserting ``50 percent of such individual's earnings for such year in excess of the product of the exempt amount as determined under paragraph (8),''; and (B) by striking ``age 70'' and inserting ``retirement age (as defined in section 216(l))''; (5) in subsection (h)(1)(A), by striking ``age 70'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; and (6) in subsection (j)-- (A) in the heading, by striking ``Age Seventy'' and inserting ``Retirement Age''; and (B) by striking ``seventy years of age'' and inserting ``having attained retirement age (as defined in section 216(l))''. SEC. 3. CONFORMING AMENDMENTS ELIMINATING THE SPECIAL EXEMPT AMOUNT FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) Uniform Exempt Amount.--Section 203(f)(8)(A) of the Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by striking ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals) which are to be applicable'' and inserting ``a new exempt amount which shall be applicable''. (b) Conforming Amendments.--Section 203(f)(8)(B) of the Social Security Act (42 U.S.C. 403(f)(8)(B)) is amended-- (1) in the matter preceding clause (i), by striking ``Except'' and all that follows through ``whichever'' and inserting ``The exempt amount which is applicable for each month of a particular taxable year shall be whichever''; (2) in clauses (i) and (ii), by striking ``corresponding'' each place it appears; and (3) in the last sentence, by striking ``an exempt amount'' and inserting ``the exempt amount''. (c) Repeal of Basis for Computation of Special Exempt Amount.-- Section 203(f)(8)(D) of the Social Security Act (42 U.S.C. (f)(8)(D)) is repealed. SEC. 4. ADDITIONAL CONFORMING AMENDMENTS. (a) Elimination of Redundant References to Retirement Age.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in subsection (c), in the last sentence, by striking ``nor shall any deduction'' and all that follows and inserting ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; and (2) in subsection (f)(1), by striking clause (D) and inserting the following: ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60,''. (b) Conforming Amendment to Provisions for Determining Amount of Increase on Account of Delayed Retirement.--Section 202(w)(2)(B)(ii) of the Social Security Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended-- (1) by striking ``either''; and (2) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. (c) Provisions Relating to Earnings Taken Into Account in Determining Substantial Gainful Activity of Blind Individuals.--The second sentence of section 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``if section 102 of the Senior Citizens' Right to Work Act of 1996 had not been enacted'' and inserting the following: ``if the amendments to section 203 made by section 102 of the Senior Citizens' Right to Work Act of 1996 and by the Senior Citizens' Freedom to Work Act of 1998 had not been enacted''. SEC. 5. EFFECTIVE DATE. The amendments and repeals made by this Act shall apply with respect to taxable years ending after December 31, 1997.

Senior Citizens' Freedom to Work Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn (earnings test) without incurring a reduction in benefits.

Senior Citizens' Freedom to Work Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deepwater Accountability Act''. SEC. 2. IMPROVEMENT OF ACQUISITION UNDER THE DEEPWATER PROGRAM OF THE COAST GUARD. (a) Competition Requirements for Future Acquisitions.-- (1) Requirement.--The Secretary of Homeland Security shall, upon reaching the end of the period of performance currently under contract with Integrated Coast Guard Systems in June 2007 under the Deepwater program of the Coast Guard, acquire the completion, delivery, and acceptance of all assets under that contract through new contracts solicited under the full and open competition requirements of section 6.1 of the Federal Acquisition Regulation. (2) Prohibition on use of lead systems integrator.--The Secretary shall not utilize the services of a lead systems integrator in any manner to acquire the completion, delivery, or acceptance of assets under this subsection. (b) Exception.-- (1) In general.--Notwithstanding subsection (a), the Secretary may enter into a new contract with Integrated Coast Guard Systems for the completion, delivery, and acceptance of assets for which construction has commenced, but not been completed, under the contract referred to in that subsection as of the date of the enactment of this Act if the Secretary certifies that-- (A) the completion, delivery, and acceptance of such assets under a contract other than with Integrated Coast Guard Systems would pose an immediate or near- term risk to the national security interests of the United States; or (B) the cost of the completion, delivery, and acceptance of such assets under a contract with other than Integrated Coast Guard Systems would exceed the cost of the completion, delivery, and acceptance of such assets under a contract with Integrated Coast Guard Systems. (2) Reports to congress.--If the Secretary determines under paragraph (1) to acquire the completion, delivery, and acceptance of assets under a contract with Integrated Coast Guard Systems, the Secretary shall, not later than 180 days after the date of such determination and every 180 days thereafter until the completion, delivery, and acceptance of such assets, submit to Congress a report on the current construction status of such assets. (c) Report on Proposed Acquisition to Acquire Completion, Delivery, and Acceptance of Assets.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the acquisition of assets under the Deepwater program. The report shall set forth the following: (1) A list of each asset under the Deepwater program that has not been completed, delivered, and accepted as of the date of such report. (2) A list of each such asset of which the Secretary proposes to acquire completion, delivery, and acceptance under contracts entered into under subsection (a). (3) A list of each such asset of which the Secretary proposes to acquire completion, delivery, and acceptance under a contract under subsection (b) with Integrated Coast Guard Systems. (d) Inspector General Review of Deepwater Program.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall submit to the Secretary, and to Congress, a report on the acquisition of assets under the Deepwater program. The report shall include-- (1) a description of each decision, if any, of the Coast Guard or Integrated Coast Guard Systems relating to the acquisition of assets under the Deepwater program that directly or indirectly resulted in cost overruns or program cost increases to the United States; (2) an assessment whether any decision covered by paragraph (1) violated the terms of the contract of Integrated Coast Guard Systems for the Deepwater program; (3) an assessment of how much program costs under the Deepwater program have increased as a result of any such decision; (4) an assessment of whether the Coast Guard or Integrated Coast Guard Systems is responsible for the payment of any cost overruns associated with any such decision. (e) Definitions.--In this section: (1) The term ``asset'' means any product to be acquired under the contract of the Coast Guard for the Deepwater program referred to in subsection (a), including vessels, fixed-wing aircraft, and rotary-wing aircraft, and any component thereof. (2) The term ``Integrated Coast Guard Systems'' means the joint venture, commonly referred to as ``Integrated Coast Guard Systems'' or ``ICGS'' between Lockheed Martin Corporation and Northrop Grumman Corporation for the purposes of completing and delivering assets to the Coast Guard under the Deepwater program.

Deepwater Accountability Act - Directs the Secretary of Homeland Security, after reaching the end of the period of performance currently under contract with Integrated Coast Guard Systems (ICGS) under the Deepwater program of the Coast Guard, to acquire all assets under that contract through new competitive contracts, subject to exception.

A bill to improve acquisition under the Deepwater program of the Coast Guard, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pre-College Engineering Education Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) According to studies by the National Academy of Engineering, there is a widespread interest in improving science, technology, engineering, and mathematics (STEM) education in elementary and secondary schools. (2) STEM education is important in part because it can develop student interest and aptitude in subjects directly relevant to the Nation's capacity for research and innovation. This capacity is largely credited with supporting United States economic health, national security, and quality of life. (3) STEM education contributes to scientific and technological literacy, important attributes for all citizens. (4) Science is the intellectual and practical activity encompassing the systematic study of the structure and behavior of the physical and natural world through observation and experiment. (5) Engineering is the application of scientific and mathematical principles to innovate, analyze, design, evaluate, and manufacture machines, processes, and systems. (6) The share of engineering education in the Federal STEM education portfolio, according to a survey by the National Science and Technology Council, is only 0.4 percent of the nearly $3,500,000,000 annual expenditures. (7) Available evidence suggests that pre-college engineering education can stimulate interest and improve learning in mathematics and science as well as improve understanding of engineering and technology. (8) Engineering education is a vital component in attaining licensure as a professional engineer that requires rigorous education, training, experience, and continuing education. (9) According to the National Academy of Engineering there is relatively limited experience with engineering education in elementary and secondary schools. (10) Some States have included engineering in their science or technology and vocational standards, and many school districts provide informal or after-school engineering education. (11) The Next Generation Science Standards developed by a consortium of States, the National Science Teachers Association, the American Association for the Advancement of Science, the National Research Council, and Achieve has identified content and science and engineering practices that all students should learn from kindergarten to high school graduation. States and local districts will have the responsibility for providing more detailed guidance to classroom teachers to help students learn the key ideas in the standards. (12) According to the National Academy of Engineering there is not at present a critical mass of teachers qualified to deliver engineering instruction. (13) It is imperative that teachers have relevant professional training that coordinates concepts in engineering with the diverse learning styles of students. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Elementary school.--The term ``elementary school'' has the meaning given that term by section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) Local educational agency.--The term ``local educational agency'' has the meaning given that term by section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Secondary school.--The term ``secondary school'' has the meaning given that term by section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) STEM education.--The term ``STEM education'' has the meaning given that term in section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621 note). SEC. 4. GRANT PROGRAM. (a) In General.--The Director shall establish a grant program to encourage States and local educational agencies to develop and implement sustainable engineering education programs in elementary and secondary schools through public-private partnerships to-- (1) conduct research, review, and analyze the effectiveness of existing formal and informal research-based instructional materials; (2) select or develop new research-based instructional materials; (3) teach students the overall analytical approach used in engineering to prepare them to deal with complex technical and non-technical problems and issues; (4) prepare students who may enter STEM-related careers; (5) prepare students who may pursue engineering studies in college; (6) increase participation of underrepresented student groups in the engineering pipeline; and (7) provide professional development for pre-service and in-service teachers to teach pre-college engineering. (b) Eligible Recipients.--Grants under this section shall be provided to an institution of higher education, with at least two co- principal investigators, one from the college of engineering and one from the college of education, except that if the institution does not have colleges of both engineering and education, faculty from a college of education or engineering from another institution in the area of jurisdiction of the same local educational agency or the same State may participate as a co-principal investigator. (c) Consortia.--Public private partnerships shall be established for program coordination, consisting of, but not limited to-- (1) an institution or institutions of higher education described in subsection (b); (2) one or more local educational agencies in the same State as the institution or institutions described in paragraph (1), with participation by at least three elementary or secondary schools; and (3) one or more private sector or government organizations in the same State that employ one or more engineers. (d) Grants.-- (1) Duration; distribution.--Grants under this section shall be awarded in amounts sufficient to cover a period of four years. (2) First 2-year period.-- (A) Grant activities.--The first two years of funding provided under a grant shall be used for the selection, development, or both of research-based and evidenced-based-- (i) engineering instructional materials that respond to local needs; and (ii) professional training and methodologies guidelines for teachers associated with engineering concepts and approaches. (B) Nature of materials.--Instructional materials developed pursuant to subparagraph (A)(i) shall-- (i) emphasize-- (I) engineering fundamentals and concepts; (II) engineering design, manufacturing, and testing; and (III) essential skills such as systems thinking, creativity, teamwork, communication, and ethical considerations; (ii) be designed to introduce students to modern engineering tools such as computer-aided design, computer-aided manufacturing, statistical analysis, codes and standards, human factors, and reliability analysis; (iii) provide information for teachers on science inquiry activities related to engineering; and (iv) be aligned with and integrated into relevant science, engineering, and mathematics standards that may exist in the State or may be developed. (3) Second 2-year period.-- (A) Pilot instructional program.--The third year of funding provided under a grant shall be used for the implementation in one elementary or secondary school of an engineering education program-- (i) based on the instructional materials selected or developed under paragraph (2); and (ii) using engineering students and pre- service teachers from the institution or institutions described in subsection (b) as mentors for the elementary or secondary school students. (B) Expanded instructional program.--The fourth year of funding provided under a grant shall be used for the implementation of the engineering instructional education program in the remaining elementary or secondary schools described in subsection (c)(2), as revised based on evaluation of the third year experience. (e) Applications.-- (1) Required commitments.--An application for a grant under this section shall demonstrate strong long-term commitment for the proposed program from-- (A) the institution or institutions described in subsection (b), through-- (i) providing laboratory and instructional space; (ii) establishing ongoing professional training programs for pre-service and in- service teachers and teachers in-residence; and (iii) collaboration with the local educational agency or agencies described in subsection (c)(2), private sector or government organizations described in subsection (c)(3), and nonprofit educational enterprises, as appropriate; (B) the local educational agency described in subsection (c)(2) and the State, including commitments-- (i) to provide total funding to the institution or institutions of higher education described in subsection (b) or the elementary or secondary schools described in subsection (c)(2), or both, collectively with organizations described in subparagraph (C)(i), at least as great as that provided by the grant awarded under this section; (ii) to support continuance or expansion of the engineering education program after the expiration of grant funding under this section, with the goal of offering engineering education in all elementary and secondary schools under the jurisdiction of the local educational agency or agencies; and (iii) for continuing collaboration with the institution or institutions described in subsection (b) and private sector or government organizations described in subsection (c)(3); and (C) private sector or government organizations through-- (i) financial support to the institution or institutions of higher education described in subsection (b) or the elementary or secondary schools described in subsection (c)(2); (ii) participation of personnel in the development and implementation of the program; (iii) provision of expertise, equipment, and materials; (iv) provisions of guidance on instructional materials and needed supplies and equipment; or (v) other support. (2) Selection.--A sufficient number of new grants shall be made in each fiscal year, subject to the availability of appropriations to achieve a measurable impact. (f) Authorization of Appropriations.--No additional funds are authorized to be appropriated to carry out this Act. This Act shall be carried out using amounts otherwise made available for such purposes. SEC. 5. STUDY. Not later than 5 years after the date of enactment of this Act, the Director shall enter into an arrangement with the National Academy of Engineering for a study to-- (1) conduct a formal review of the activities under this Act and analyze the extent to which such activities will change the quality, scale, equity, and impact of pre-college engineering education, specifically taking into account how the development of teaching guidelines and instructional materials under this Act could contribute to such change; (2) benchmark the results with relevant recent studies conducted by cognizant organizations and the National Academy of Engineering; and (3) recommend if revisions to the program established under this Act are needed to establish engineering education in all secondary schools across the United States. SEC. 6. ANNUAL REPORT TO CONGRESS. Not later than 5 years after the date of enactment of this Act, and annually thereafter, the Director shall provide a report to Congress on activities and results under this Act. Such reports shall describe-- (1) the total number of grant applications received in each year; (2) the number and geographic distribution of the grants each year and in total; (3) participation of minority-serving institutions of higher education such as historically black colleges and universities and Hispanic-serving institutions; (4) participation of underrepresented student groups; (5) plans for collaboration among grantees; (6) overall program outcomes and issues of concern; and (7) recommendations for program revisions to achieve the desired program outcome.

Pre-College Engineering Education Act This bill establishes a grant program to encourage, through public-private partnerships, the development and implementation by states and local educational agencies of sustainable engineering education programs in elementary and secondary schools. The National Science Foundation (NSF) shall administer the program. Grantees may use funds to: research, review, and analyze the effectiveness of existing research-based instructional materials; select or develop new research-based instructional materials; teach students the overall analytical approached used in engineering; prepare students who may pursue engineering studies in college or enter careers related to science, technology, engineering, and mathematics; increase participation of underrepresented student groups in the engineering pipeline; and provide professional development for teachers to teach pre-college engineering. The NSF shall study and report on program activities and results.

Pre-College Engineering Education Act

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Appalachian Regional Development Act Amendments of 1997''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Appalachian Regional Development Act of 1965 (40 U.S.C. App. 1 et seq.). SEC. 2. FINDINGS AND PURPOSES. (a) Elimination of Growth Center Requirement.--Section 2 (40 U.S.C. App. 2) is amended by deleting the sixth sentence of subsection (a). (b) 1997 Statement of Purpose.--Section 2 (40 U.S.C. App. 2) is further amended by deleting subsection (b) and substituting the following: ``(b) The Congress further finds and declares that, while substantial progress had been made in fulfilling many of the objectives of this Act, rapidly changing national and global economies over the past decade have created new challenges for rural areas throughout the Nation and especially for the Appalachian region. It is, therefore, also the purpose of this Act to assist Appalachia to become a region with an educated and trained work force, healthy people, a sound physical infrastructure, a dynamic economic base, and the local and regional capacity to be economically self-sustaining. In carrying out this Act, the Commission shall be an advocate for and partner with the people of Appalachia and shall seek to achieve a viable and self- sustaining economy for the region in accordance with the following principles: ``(1) The most valuable investment that can be made in the region is in its people. ``(2) Entrepreneurial economies that focus on high-value- added goods and services offer the best future for many parts of the region. ``(3) Strategies and objectives should take into consideration participation in the global economy. ``(4) Economic development should be community-based and should emphasize local decision making. ``(5) Commission investments should take advantage of technology and telecommunications applications. ``(6) The Commission shall promote an atmosphere of open and productive communication among all stakeholders in the Region. ``(7) The Commission shall focus special attention on the areas of greatest need.''. SEC. 3. MEETINGS. (a) Annual Meeting Requirement.--Section 101(a) (40 U.S.C. App. 101(a)) is amended by adding at the end the following: ``The Commission shall conduct at least one meeting each year with the Federal Co- Chairman and at least a majority of the State members present.''. (b) Additional Meetings by Electronic Means.--Section 101 (40 U.S.C. App. 101) is amended as follows: (1) In subsection (a), as amended by subsection (a) of this section, by adding at the end the following: ``The Commission may conduct such additional meetings by electronic means as the Commission considers advisable, including meetings to decide matters requiring an affirmative vote.'' (2) In subsection (c) by striking ``to be present'' at the end of the fourth sentence. (c) Decisions Requiring a Quorum.--Section 101(b) (40 U.S.C. App. 101(b)) is amended by striking the third sentence and inserting the following: ``No decision involving Commission policy, approval of State, regional, or subregional development plans or implementing investment programs, any modification or revision of the Appalachian Regional Commission Code, any allocation of funds among the States, or the criteria for the designation of counties as distressed or economically strong under section 226 may be made without a quorum of State members.''. SEC. 4. AUTHORIZATIONS FOR ADMINISTRATIVE EXPENSES. Section 105(b) (40 U.S.C. App. 105(b)) is amended to read as follows: ``(b) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $3,645,000 for fiscal year 1998 and such sums as may be necessary for each of fiscal years 1999 through 2002. Such sums shall remain available until expended. ``(2) Expenses of the federal co-chairman.--Of the amounts appropriated pursuant to paragraph (1), not to exceed $1,225,000 for fiscal year 1998 and such sums as may be necessary for each of fiscal years 1999 through 2002 shall be available for expenses of the Federal Co-Chairman, the Federal Co-Chairman's alternate, and the Federal Co-Chairman's staff.''. SEC. 5. COMPENSATION OF EMPLOYEES. Section 106(2) (40 U.S.C. App. 106(2)) is amended by striking ``the salary of the alternate to the Federal Co-Chairman on the Commission as provided in section 101'' and inserting ``the maximum rate for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(c) of such title 5.''. SEC. 6. EXTENSION OF LEASE TERMS. Section 106(7) (40 U.S.C. App. 106(7)) is amended by striking ``1982'' and inserting ``2002''. SEC. 7. HIGHWAY SYSTEM. (a) Authorization of Appropriations.--Section 201(g) (40 U.S.C. App. 201(g)) is amended to read as follows: ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $90,000,000 for fiscal year 1998 and such sums as may be necessary for each of fiscal years 1999 through 2002. Such sums shall remain available until expended.''. (b) Cost Sharing--General Rule.--Section 201(h)(1) (40 U.S.C. App. 201(h)(1)) is amended by striking ``70 per centum'' and inserting ``80 percent''. SEC. 8. SUPPLEMENTS TO FEDERAL GRANT-IN-AID PROGRAMS; FUNDING LIMITATION. (a) Availability of Amounts.--The first sentence of section 214(a) (40 U.S.C. App. 214(a)) is amended by striking ``the President is authorized to provide funds to the Federal Co-Chairman to be used'' and inserting in lieu thereof ``the Federal Co-Chairman may use amounts made available to carry out this Act''. (b) Federal Grant-in-Aid Programs Defined.--The first sentence of section 214(c) (40 U.S.C. App. 214(c)) is amended by striking ``on or before December 31, 1980,''. (c) Limitation on Covered Road Projects.--The second sentence of section 214(c) is amended by inserting ``authorized by title 23, United States Code'' after ``road construction''. SEC. 9. PROGRAM DEVELOPMENT CRITERIA. (a) Considerations.--Section 224(a) (40 U.S.C. App. 224(a)) is amended by inserting before the semicolon at the end of paragraph (1) the following: ``or in a severely and persistently distressed and underdeveloped county or area''. (b) Outcome Measurements.--Section 224(a) is further amended by striking the period at the end of paragraph (5) and inserting in lieu thereof a semicolon and adding the following: ``and (6) the extent to which the project design provides for detailed outcome measurements by which grant expenditures may be evaluated.''. (c) Removal of Limitations.--Section 224(b) (40 U.S.C. App. 224(b)) is amended to read as follows: ``(b) Limitation.--No financial assistance made available under this Act may be used to assist establishments relocating from one area to another.''. SEC. 10. DISTRESSED AND ECONOMICALLY STRONG COUNTIES. Part C of title II (40 U.S.C. App. 221-225) is amended by adding at the end the following: ``SEC. 226. DISTRESSED AND ECONOMICALLY STRONG COUNTIES. ``(a) Designations.--Not later than 90 days after the effective date of the Appalachian Regional Development Act Amendments of 1997, and annually thereafter, the Commission, in accordance with such criteria as the Commission may establish, shall-- ``(1) designate as `distressed counties' those counties in the region that are the most severely and persistently distressed and underdeveloped; and ``(2) designate two categories of economically strong counties, as follows: ``(A) `competitive counties' which shall be those counties in the region which are approaching economic parity with the rest of the Nation; and ``(B) `attainment counties' which shall be those counties in the region which have attained or exceeded economic parity with the rest of the Nation. ``(b) Distressed Counties.--In program and project development and implementation and in the allocation of appropriations made available to carry out this Act, the Commission shall give special consideration to the needs of those counties for which a distressed designation is in effect under this section. ``(c) Funding Prohibition for Projects Located in Economically Strong Counties.-- ``(1) Competitive counties.--Except as provided by paragraphs (3) and (4), assistance under this Act will be limited to no more than 30 percent of project cost for a project located in a county for which a competitive county designation is in effect under this section. ``(2) Attainment counties.--Except as provided by paragraphs (3) and (4), no funds may be provided under this Act for a project located in a county for which an attainment county designation is in effect under this section. ``(3) Exceptions.--The prohibitions established by paragraphs (1) and (2) shall not apply to-- ``(A) projects on the Appalachian development highway system authorized by section 201; ``(B) local development district administrative projects authorized by section 302(a)(1); or ``(C) a multicounty project that includes a county or counties designated as `competitive' or `attainment' under this section provided all participating counties share in the costs and benefits of the project. ``(4) Waiver.--The prohibitions established by paragraphs (1) and (2) may be waived by the Commission for a particular project upon a showing of one or more of the following: ``(A) The existence of a significant pocket of distress in the part of the county in which the project is located. ``(B) A significant decline in economic conditions affecting the county which is not reflected in current designation data. ``(C) The existence of a significant potential benefit from the project in areas of the region outside the designated county.''. SEC. 11. GRANTS FOR ADMINISTRATIVE EXPENSES AND DEMONSTRATION PROJECTS; AVAILABILITY OF AMOUNTS. Section 302(a) (40 U.S.C. App. 302(a)) is amended-- (1) by striking ``The President'' and inserting ``The Commission''; and (2) in paragraphs (1), (2), and (3) by striking ``to the Commission'' each place it appears. SEC. 12. AUTHORIZATION OF APPROPRIATIONS FOR GENERAL PROGRAM. Section 401 (40 U.S.C. App. 401) is amended to read as follows: ``SEC. 401. AUTHORIZATION OF APPROPRIATIONS. ``In addition to the appropriations authorized by section 105 for administrative expenses and by section 201(g) for the Appalachian development highway system and local access roads, there is authorized to be appropriated to the Commission to carry out this Act $71,355,000 for fiscal year 1998 and such sums as may be necessary for each of fiscal years 1999 through 2002. Such sums shall remain available until expended.''. SEC. 13. EXTENSION OF TERMINATION DATE. Section 405 (40 U.S.C. App. 405) is amended by striking ``1982'' and inserting ``2002''. SEC. 14. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect October 1, 1997.

Appalachian Regional Development Act Amendments of 1997 - Amends the Appalachian Regional Development Act of 1965 to repeal a requirement that public investments made in the Appalachian region under the Act be concentrated in areas with a significant potential for future growth and where the expected return on public dollars invested will be the greatest. Modifies the Act's purpose to include: (1) assisting Appalachia to become a region with an educated and trained work force, healthy people, a sound physical infrastructure, a dynamic economic base, and the capacity to be economically self-sustaining; and (2) directing the Appalachian Regional Commission to be an advocate for and partner with the Appalachian people and to seek to achieve a viable, self- sustaining economy for the region. (Sec. 3) Requires the Commission to conduct at least one meeting each year with the Federal Co-Chairman and at least a majority of the State members present. Authorizes the Commission to conduct additional meetings by electronic means. Prohibits decisions involving the criteria for the designation of counties as distressed or economically strong from being made without a quorum of State members. (Sec. 4) Reauthorizes appropriations for: (1) administrative expenses; and (2) the Appalachian development highway system (and increases the Federal cost share). (Sec. 5) Revises provisions regarding: (1) compensation to authorize the Commission to appoint and fix the compensation of an executive director and other specified personnel at a rate not to exceed the maximum for the Senior Executive Service, including any applicable locality-based comparability payment that may be authorized (and extends the Commission's authorization to lease office space); and (2) supplements to Federal grant-in-aid programs to authorize the Federal Co-Chairman to use sums available to carry out the Act (current law authorizes the President to provide funds to the Co-Chairman to be used to carry out the Act) and to revise the definition of "Federal grant-in-aid programs" to remove the provision limitating such programs to those authorized on or before December 31, 1980. (Sec. 9) Adds specified criteria and measurements to be considered when determining programs and projects to be given assistance. (Sec. 10) Directs the Commission to: (1) designate as distressed counties those that are the most severely and persistently distressed and underdeveloped and two categories of economically strong counties (competitive counties are those approaching, and attainment counties are those having attained or exceeded, economic parity with the rest of the country); and (2) give special consideration to the needs of distressed counties. Limits or prohibits funds for projects in a competitive or attainment county, with exceptions and waivers. (Sec. 11) Empowers the Commission (currently, the President) to make grants for administrative expenses and research and development projects. (Sec. 12) Extends through FY 2002 the authorization of appropriations and termination date under the Act.

Appalachian Regional Development Act Amendments of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Gasoline Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) according to the National Air Quality and Emissions Trends Report of the Environmental Protection Agency, dated 1996, motor vehicles account for a major portion of the emissions that degrade the air quality of the United States: 49 percent of nitrogen oxides emissions, 26 percent of emissions of particulate matter with an aerodynamic diameter smaller than or equal to 10 micrometers (PM-10), and 78 percent of carbon monoxide emissions; (2)(A) failure to control gasoline sulfur concentration adversely affects catalytic converter function for all vehicles in the national vehicle fleet; and (B) research performed collaboratively by the auto and oil industries demonstrates that when sulfur concentration in motor vehicle gasoline is reduced from 450 parts per million (referred to in this section as ``ppm'') to 50 ppm-- (i) hydrocarbon emissions are reduced by 18 percent; (ii) carbon monoxide emissions are reduced by 19 percent; and (iii) nitrogen oxide emissions are reduced by 8 percent; (3)(A) recent studies conducted by the American Automobile Manufacturers Association (AAMA), the Association of International Automobile Manufacturers (AIMA), and the Coordinating Research Council confirm that sulfur in vehicle fuel impairs to an even greater degree the emission controls of Low-Emission Vehicles (referred to in this section as ``LEVs'') and Ultra-Low-Emission Vehicles (referred to in this section as ``ULEVs''); (B) because sulfur-induced impairment of advanced technology emission control systems is not fully reversible under normal in-use driving conditions, a nationwide, year- round sulfur standard is necessary to prevent impairment of vehicles' emission control systems as the vehicles travel across State lines; (C) industry research on LEVs and ULEVs demonstrates that when gasoline sulfur concentration is lowered from 330 ppm to 40 ppm-- (i) hydrocarbon emissions are reduced by 34 percent; (ii) carbon monoxide emissions are reduced by 43 percent; and (iii) nitrogen oxide emissions are reduced by 51 percent; (D) failure to control sulfur in gasoline will inhibit the introduction of more fuel-efficient technologies, such as direct injection engines and ``NO<INF>x</INF> trap'' after- treatment technology, which require fuel with a very low concentration of sulfur; (E) the technology for removing sulfur from fuel during the refining process is readily available and currently in use; and (F) the reduction of sulfur concentrations in fuel to the level required by this Act is a cost-effective means of improving air quality; (4)(A) gasoline sulfur levels in the United States-- (i) average between 300 and 350 ppm and range as high as 1000 ppm; and (ii) are far higher than the levels allowed in many other industrialized nations, and higher than the levels allowed by some developing nations; (B) the European Union recently approved a standard of 150 ppm to take effect in 2000, to be phased down to 30 through 50 ppm by 2005; (C) Japan has a standard of 50 ppm; and (D) gasoline and diesel fuel in Australia, New Zealand, Taiwan, Hong Kong, Thailand, and Finland have significantly lower sulfur concentrations than comparable gasoline and diesel fuel in the United States; (5)(A) California is the only State that regulates sulfur concentration in all gasoline sold; and (B) in June 1996, California imposed a 2-part limitation on sulfur concentration in gasoline: a 40 ppm per gallon maximum, or a 30 ppm per gallon annual average with an 80 ppm per gallon maximum; (6)(A) a 1998 regulatory impact analysis by the California Air Resources Board reports that air quality improved significantly in the year following the introduction of low sulfur gasoline; and (B) the California Air Resources Board credits low sulfur gasoline with reducing ozone levels by 10 percent on the South Coast, 12 percent in Sacramento, and 2 percent in the Bay Area; and (7)(A) reducing sulfur concentration in gasoline to the level required by this Act is a cost-effective pollution prevention measure that will provide significant and immediate benefits; and (B) unlike vehicle hardware requirements that affect only new model years, sulfur control produces the benefits of reduced emissions of air pollutants across the vehicle fleet immediately upon implementation. SEC. 3. SULFUR CONCENTRATION REQUIREMENTS FOR GASOLINE. (a) In General.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended-- (1) by redesignating subsection (o) as subsection (p); and (2) by inserting after subsection (n) the following: ``(o) Sulfur Concentration Requirements for Gasoline.-- ``(1) In general.-- ``(A) Requirement.--Subject to subparagraph (B), effective beginning 4 years after the date of enactment of this paragraph, a person shall not manufacture, sell, supply, offer for sale or supply, dispense, transport, or introduce into commerce motor vehicle gasoline that contains a concentration of sulfur that is greater than 40 parts per million per gallon of gasoline. ``(B) Alternative method of measuring compliance.-- A person shall not be considered to be in violation of paragraph (1) if the person manufactures, sells, supplies, offers for sale or supply, dispenses, transports, or introduces into commerce, during any 1- year period, motor vehicle gasoline that contains a concentration of sulfur that is greater than 40 but less than or equal to 80 parts per million per gallon of gasoline, if the average concentration of sulfur in the motor vehicle gasoline manufactured, sold, supplied, offered for sale or supply, dispensed, transported, or introduced into commerce by the person during the period is less than 30 parts per million per gallon of gasoline. ``(C) Regulations.--The Administrator shall promulgate such regulations as are necessary to carry out this paragraph. ``(2) Lower sulfur concentration.--The Administrator may promulgate regulations to establish maximum and average allowable sulfur concentrations in motor vehicle gasoline that are lower than the concentrations specified in paragraph (1) if the Administrator determines that-- ``(A) research conducted after the date of enactment of this subparagraph indicates that significant air quality benefits would result from a reduction in allowable sulfur concentration in motor vehicle gasoline; or ``(B) advanced vehicle technologies have been developed that can significantly reduce emissions of air pollutants from motor vehicles but that require motor vehicle gasoline with a lower concentration of sulfur than that specified in paragraph (1).''. (b) Penalties and Injunctions.--Section 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is amended-- (1) in paragraph (1), by striking ``or (n)'' each place it appears and inserting ``(n), or (o)''; and (2) in paragraph (2), by striking ``and (n)'' each place it appears and inserting ``(n), and (o)''. SEC. 4. REPORTS TO CONGRESS. Not later than 6 years, and not later than 8 years, after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to Congress a report that documents the effects of use of low sulfur motor vehicle gasoline on urban and regional air quality.

Clean Gasoline Act of 1998 - Amends the Clean Air Act to prohibit the manufacture, sale, supply, dispensation, transport, or introduction into commerce of motor vehicle gasoline that contains a concentration of sulfur exceeding 40 parts per million per gallon of gasoline. Provides that a person shall not be in violation of such prohibition if, during a one-year period, the person engages in such an activity with respect to gasoline that contains a sulfur concentration between 40 and 80 parts per million per gallon if the average concentration of sulfur in the gasoline during the period is less than 30 parts per million per gallon. Authorizes the Administrator of the Environmental Protection Agency to promulgate regulations to establish maximum and average allowable sulfur concentrations in motor vehicle gasoline that are lower than such concentrations if: (1) research conducted after this Act's enactment indicates that significant air quality benefits would result from a reduction in allowable sulfur concentration in such gasoline; or (2) advanced vehicle technologies have been developed that can significantly reduce emissions of air pollutants from motor vehicles but that require gasoline with a lower concentration of sulfur than that specified under this Act. Prescribes penalties for violations of this Act. Requires the Administrator to report to the Congress on the effects of the use of low sulfur motor vehicle gasoline on urban and regional air quality within six and eight years of this Act's enactment date.

Clean Gasoline Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Prison Conditions Improvement Act of 2010''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Millions of incarcerated people in the world suffer inhumane conditions in prisons and other detention facilities that are overcrowded, unsanitary, and unsafe to the point of endangering their lives. (2) According to a 2009 International Centre for Prison Studies report, there are an estimated 9,800,000 people held in penal institutions in the world, with prison populations increasing in 71 percent of the over 200 countries surveyed. (3) Rates of malnutrition, disease, and death among prisoners and other detainees far exceed those of the general population, and medical treatment for serious illness or injury is, in many instances, non-existent or grossly inadequate. (4) These conditions are compounded by severe overcrowding in prisons and other detention facilities. Excessive pre-trial detention and dysfunctional justice systems frequently result in prisoners and other detainees spending years in such conditions before their cases are adjudicated. In some countries, such facilities are filled to capacity many times over resulting in conditions so cramped that individual prisoners cannot move without all doing so en masse. (5) Amnesty International's 2009 State of the World's Human Rights Report documented widespread inhumane prison conditions, including overcrowding, inadequate food and water, no access to hygiene products or medical care, juveniles detained with adults, and denial of visits from family. (6) Some governments fail to provide even the most rudimentary sanitation in prisons and other detention facilities, putting prisoners and other detainees at even greater risk of easily preventable and often life-threatening diseases. Toilets are few or non-existent and human waste repositories often are located among the general prison population, forcing prisoners to eat, sleep, and live in grossly unsanitary conditions. (7) According to a 2009 report by the United Nations Economic and Social Council's Commission on Crime Prevention and Criminal Justice, former prisoners are likely to spread diseases contracted in prison to the local population. (8) Some governments fail to permit prisoners and other detainees reasonable exercise of religious worship or contact with family members or other visitors. (9) According to the United States Commission on International Religious Freedom's 2009 Annual Report, religious prisoners have been confined to overcrowded cells, exposed to extreme temperature fluctuations, denied adequate food and medical care, and denied access to clergy and religious literature. (10) Inhumane conditions in prisons and other detention facilities often exist in countries where resources for law enforcement are limited and only a small fraction of such resources are made available for the operation and maintenance of prisons and other detention facilities. Inadequate, misplaced, or lost prison records often result in prisoners and detainees being incarcerated indefinitely because of never being tried or otherwise adjudicated, and being held long after their sentences have expired thereby further swelling prison populations. Allocating the relatively modest resources necessary to provide for the basic human needs of prisoners and other detainees and to remediate the inhumane conditions under which such prisoners are held is often a low priority. (11) The United States Government currently provides significant amounts of assistance to countries whose governments operate prisons and other detention facilities that, because of their inhumane conditions, seriously jeopardize the lives of prisoners and other detainees held under their authority. (12) The Department of State's 2009 Country Reports on Human Rights Practices reported prison conditions as poor, inhumane, or life threatening in more than 100 countries, all of which receive United States assistance. (13) The United States Government should use its influence and resources to help ensure that governments that receive United States assistance do not operate prisons and other detention facilities under inhumane conditions. The United States Government also should assist countries that are making significant efforts to eliminate inhumane conditions in prisons and other detention facilities. (14) Eliminating inhumane conditions in foreign prisons and other detention facilities will strengthen the rule of law, save lives, and enhance the health and well-being of vulnerable people in poor countries, and it will advance United States interests. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations and the Committee on Foreign Relations of the Senate; and (B) the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives. (2) Minimum standards for the elimination of inhumane conditions in foreign prisons and other detention facilities.-- The term ``minimum standards for the elimination of inhumane conditions in prisons and other detention facilities'' means, with respect to the operation or maintenance of prisons and other detention facilities in a foreign country that is a recipient of United States assistance, the following: (A) The number of inmates or detainees held in a facility does not so exceed prison capacity such that per capita floor space is insufficient to allow for humane sleeping conditions and reasonable physical movement. (B) Human waste facilities are sanitary and accessible, and human waste is disposed of regularly and in a sanitary manner. (C) The lighting, ventilation, temperature, and physical construction of prisons and other detention facilities do not seriously endanger the health and safety of prisoners. (D) Prisoners and other detainees have access to adequate food and potable drinking water. (E) Prisoners and other detainees have access to essential and emergency medical care. (F) To the maximum extent practicable, prisoners and other detainees are allowed religious observance and materials, and contact with clergy, family, and friends, by both correspondence and personal visits. (3) United states assistance.--The term ``United States assistance'' means any non-humanitarian assistance furnished to carry out the provisions of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the Arms Export Control Act (22 U.S.C. 2751 et seq.), or the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.). SEC. 4. ACTIONS TO HELP ELIMINATE INHUMANE CONDITIONS IN FOREIGN PRISONS AND OTHER DETENTION FACILITIES. (a) Annual Report to Congress.-- (1) Annual report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report describing the conditions in prisons and other detention facilities in countries receiving United States assistance. The report shall include a list of those countries, if any, receiving United States assistance, whose governments-- (A) do not meet minimum standards for the elimination of inhumane conditions in prisons and other detention facilities but are making significant efforts to comply; and (B) do not meet such standards and are not making significant efforts to comply. (2) Significant efforts.--In making determinations under paragraph (1) as to whether the government of a country is making significant efforts to meet minimum standards for the elimination of inhumane conditions in prisons and other detention facilities, the Secretary of State shall consider the extent to which the government of the country is-- (A) regularly monitoring the conditions of prisons and other detention facilities under its authority, including permitting prisoners and other detainees to submit complaints without censorship, cooperating with international experts on eliminating and monitoring inhumane conditions in prisons and other detention facilities, promptly investigating credible allegations of inhumane conditions, and making information concerning conditions and investigations available to the public and the Secretary of State; (B) taking effective steps to eliminate inhumane conditions in prisons and other detention facilities, which may include, among other steps, appointing ombudsmen to serve on behalf of prisoners and other detainees, providing alternatives to incarceration for nonviolent offenders in order to alleviate inhumane overcrowding, addressing the status and circumstances of confinement of juveniles, improving pretrial detention practices, and implementing bail and recordkeeping procedures to reduce pretrial detention periods and to ensure that prisoners do not serve beyond the maximum sentence for the charged offense; and (C) increasing the amount of government resources to eliminate inhumane conditions in prisons and other detention facilities. (3) Use of country reports.--The report required under paragraph (1) may draw from the discussion of prison conditions contained in the Country Reports on Human Rights Practices required under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)), but shall for each country provide a detailed and up to date report covering, whenever possible, each of the issues set forth in section 3(2). (4) Publication.--The report required under paragraph (1) shall be made available to the public, including on a publicly available website of the Department of State. (b) Assistance for Governments Making Significant Efforts To Eliminate Inhumane Conditions in Prisons and Other Detention Facilities.-- (1) In general.--The Secretary of State and the Administrator of the United States Agency for International Development should furnish assistance for the purpose of helping to eliminate inhumane conditions in prisons and other detention facilities to countries whose governments do not meet minimum standards for the elimination of inhumane conditions in prisons and other detention facilities but are making significant efforts to comply. (2) Inapplicability of foreign assistance act prohibition.--The prohibitions under section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420) shall not be applicable to assistance furnished to carry out the provisions of paragraph (1). (3) Grant funds.--Grants made under this subsection shall be designated and used exclusively to help eliminate inhumane conditions in the country receiving the grant, but may not include the construction of new prisons. Funds made available under this section shall be subject to the regular notification procedures of the Committees on Appropriations of the Senate and the House of Representatives. (c) Negotiations With Governments Not Making Significant Efforts To Eliminate Inhumane Conditions in Prisons and Other Detention Facilities.-- (1) Negotiations.--In the case of a government receiving United States assistance that is listed in the report submitted under subsection (a)(1)(B) as not making significant efforts to eliminate inhumane conditions in prisons and other detention facilities, the Secretary of State shall, not later than 90 days after the date such report is submitted, enter into negotiations with such government to achieve the purposes of this Act. (2) Actions regarding assistance and visas.-- (A) Assistance.--The Secretary of State and the Administrator of the United States Agency for International Development may restructure, reprogram, or reduce United States assistance for a government described in paragraph (1) to achieve the purposes of this Act. (B) Visas.--The Secretary of State may issue or deny visas for travel to the United States by officials of a government described in paragraph (1) to achieve the purposes of this Act. (3) Report.--Not later than 180 days after the beginning of the negotiations required under paragraph (1), the Secretary shall submit to the appropriate congressional committees a report describing the actions taken or agreed to be taken, if any, during such negotiations by the government of that country that constitute significant efforts to eliminate inhumane conditions in prisons and other detention facilities and the actions taken, or that will be taken, by the United States pursuant to paragraph (2) regarding assistance and visas. If the Secretary determines that United States assistance to such government should not be restructured, reprogrammed, or reduced, or that visas should be issued or denied to officials of such government, the report shall contain a detailed explanation for that decision. SEC. 5. TRAINING FOR FOREIGN SERVICE OFFICERS. Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is amended by adding at the end the following new subsection: ``(d) The Secretary of State, with the assistance of other relevant officials, shall establish as part of the standard training provided for chiefs of mission, deputy chiefs of mission, and other officers of the Service who are or will be involved in the assessment of conditions in foreign prisons and other detention facilities or the drafting of the annual Country Reports on Human Rights Practices, instruction on matters related to conditions in such prisons and other detention facilities and the substance of the Foreign Prison Conditions Improvement Act of 2010.''. SEC. 6. NEW POSITION TO MONITOR FOREIGN PRISON CONDITIONS. The Secretary of State shall establish, within the Bureau of Democracy, Human Rights, and Labor, a new full-time equivalent Deputy Assistant Secretary level position which shall have responsibility for advancing the purposes of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. The Secretary of State may use funds available for any fiscal year to carry out the provisions of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 22 U.S.C. 2346 et seq.) and the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.) to carry out the provisions of section 4(b) and section 6 of this Act and section 708(d) of the Foreign Service Act of 1980, as added by section 5. SEC. 8. RULE OF CONSTRUCTION. For purposes of this Act-- (1) the prohibitions of section 104(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)) shall apply and shall not be construed to be altered by this Act; and (2) the minimum standards for foreign prisons and other detention facilities shall not be determined based on the provision of services for which funding is prohibited by that section.

Foreign Prison Conditions Improvement Act of 2010 - Directs the Secretary of State to annually report to Congress describing prison and detention facility conditions in countries receiving U.S. assistance, including a list of countries whose governments do not meet minimum prison and detention facility standards but are, and those who are not, making significant compliance efforts. Urges the Secretary and the Administrator of the United States Agency for International Development (USAID) to provide assistance to countries whose governments do not meet such minimum standards but are making significant compliance efforts. Prohibits such funds from being used to construct new prisons. Directs the Secretary to enter into negotiations to achieve the purposes of this Act with a government listed in the report as not making significant compliance efforts. Authorizes, in order to achieve such purposes: (1) the Secretary and the Administrator to restructure or reduce U.S. assistance to such government; and (2) the Secretary to issue or deny visas for U.S. travel by officials of such government. Directs the Secretary to establish within the Bureau of Democracy, Human Rights, and Labor a full-time equivalent Deputy Assistant Secretary level position to advance the purposes of this Act.

To authorize appropriations of United States assistance to help eliminate conditions in foreign prisons and other detention facilities that do not meet minimum humane standards of health, sanitation, and safety, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Abortion Coverage in Health Insurance (EACH Woman) Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Affordable, comprehensive health insurance that includes coverage for a full range of pregnancy-related care, including abortion, is critical to the health of every woman. (2) Neither a woman's income level nor her type of insurance should prevent her from having access to a full range of pregnancy-related care, including abortion services. (3) No woman should have the decision to have, or not to have, an abortion made for her based on her ability or inability to afford the procedure. (4) Since 1976, the Federal Government has withheld funds for abortion coverage in most circumstances. As a 2017 analysis by the Guttmacher Institute shows, this affects women of reproductive age in the United States who are insured through the Medicaid program, as well as women who receive insurance or care through other Federal health plans and programs. Of women aged 15-44 enrolled in Medicaid in 2015, 58 percent lived in the 35 States and the District of Columbia that do not cover abortion, except in limited circumstances. This amounts to roughly 7.5 million women of reproductive age, including 3.5 million women living below the Federal poverty level. Women of color are disproportionately likely to be insured by the Medicaid program: Nationwide, 31 percent of Black women and 27 percent of Hispanic women aged 15-44 were enrolled in Medicaid in 2015, compared with 15 percent of White women. (5) Moreover, 25 States also prohibit abortion coverage in private insurance plans within or beyond health insurance marketplaces under the Patient Protection and Affordable Care Act, according to an analysis of State policies by the Guttmacher Institute. (6) A report by the Center for Reproductive Rights details how restrictions on abortion coverage interfere with a woman's personal decisionmaking, with her health and well-being, and with her constitutionally protected right to a safe and legal medical procedure. (7) Restrictions on abortion coverage have a disproportionate impact on low-income women, women of color, immigrant women, and young women, according to reports by both the Center for American Progress and the Guttmacher Institute. Also according to the reports, these women are already disadvantaged in their access to the resources, information, and services necessary to prevent an unintended pregnancy or to carry a healthy pregnancy to term. SEC. 3. ABORTION COVERAGE AND CARE REGARDLESS OF INCOME OR SOURCE OF INSURANCE. (a) Ensuring Abortion Coverage and Care Through the Federal Government in Its Role as an Insurer, Employer, or Health Care Provider.--The Federal Government shall-- (1) ensure coverage for abortion care in public health insurance programs including Medicaid, Medicare, and the Children's Health Insurance Program; (2) in its role as an employer or health plan sponsor, ensure coverage for abortion care for participants and beneficiaries; and (3) in its role as a provider of health services, ensure abortion care is made available to individuals who are eligible to receive services in its own facilities or in facilities with which it contracts to provide medical care. (b) Prohibiting Restrictions on Private Insurance Coverage of Abortion Care.-- (1) Federal restrictions.--The Federal Government shall not prohibit, restrict, or otherwise inhibit insurance coverage of abortion care by State or local government or by private health plans. (2) State and local government restrictions.--State and local governments shall not prohibit, restrict, or otherwise inhibit insurance coverage of abortion care by private health plans. SEC. 4. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) the Federal Government, acting in its capacity as an insurer, employer, or health care provider, should serve as a model for the Nation to ensure coverage of abortion care; and (2) moreover, restrictions on coverage of abortion care in the private insurance market must end. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to have any effect on any Federal, State, or local law that includes more protections for abortion coverage or care than those set forth in this Act. SEC. 6. SEVERABILITY. If any portion of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.

Equal Access to Abortion Coverage in Health Insurance (EACH Woman) Act of 2017 This bill requires the federal government: (1) to ensure coverage for abortion care in public health insurance programs including Medicaid, Medicare, and the Children's Health Insurance Program (CHIP); (2) as an employer or health plan sponsor, to ensure coverage for abortion care for participants and beneficiaries; and (3) as a provider of health services, to ensure that abortion care is made available to individuals who are eligible to receive services. The federal government may not prohibit, restrict, or otherwise inhibit insurance coverage of abortion care by state or local governments or by private health plans. State and local governments may not prohibit, restrict, or otherwise inhibit insurance coverage of abortion care by private health plans.

Equal Access to Abortion Coverage in Health Insurance (EACH Woman) Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Ownership Must Expand for Teachers and Public Safety Officers Act''. SEC. 2. DISCOUNT AND DOWNPAYMENT ASSISTANCE FOR PURCHASE OF HOMES IN REVITALIZATION AREAS BY TEACHERS AND PUBLIC SAFETY OFFICERS. (a) In General.--Section 204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended-- (1) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively; and (2) by inserting after paragraph (6) the following new paragraph: ``(7) 50 percent discount for teachers and public safety officers purchasing properties that are eligible assets.-- ``(A) Discount.--A property that is an eligible asset, is sold during fiscal years 2001 through 2005 for use in accordance with subparagraph (B), and is sold to a teacher or public safety officer who complies with the requirement under subparagraph (C), shall be sold at a price that is equal to 50 percent of the appraised value of the eligible property (as determined in accordance with paragraph (6)(B)). In the case of a property eligible for both a discount under this paragraph and a discount under paragraph (6), the discount under paragraph (6) shall not apply. ``(B) Sole residence.--An eligible property sold pursuant to a discount under this paragraph shall be used, for not less than the 3-year period beginning upon such sale, as the sole residence of the purchasing teacher or public safety officer. ``(C) Requirement regarding employment at time of purchase.--A teacher or public safety officer complies with the requirement under this subparagraph if, at the time of the purchase of an eligible property under this paragraph-- ``(i) in the case of property sold to a teacher, the teacher is employed (I) in a school of a local educational agency whose jurisdiction includes the property, or (II) in a private school located within the jurisdiction of a local educational agency whose jurisdiction includes the property; or ``(ii) in the case of a public safety officer, the officer is employed by a public agency whose jurisdiction includes the property. ``(D) Sale methods.--The Secretary may sell an eligible property pursuant to a discount under this paragraph-- ``(i) to a unit of general local government or a nonprofit organization (pursuant to paragraph (4) or otherwise), for resale or transfer to a teacher or public safety officer; or ``(ii) directly to a purchaser who is a teacher or public safety officer. ``(E) Resale.--In the case of any purchase by a unit of general local government or nonprofit organization of an eligible property sold at a discounted price under this paragraph, the sale agreement under paragraph (8) shall-- ``(i) require the purchasing unit of general local government or nonprofit organization to provide the full benefit of the discount to the teacher or public safety officer obtaining the property; and ``(ii) in the case of a purchase involving multiple eligible assets, any of which is such an eligible property, designate the specific eligible property or properties that meet the requirements of subparagraph (C) and that are to be subject to the requirements of subparagraphs (B). ``(F) Mortgage downpayment assistance.--If a teacher or public safety officer purchases an eligible property pursuant to a discounted sale price under this paragraph and finances such purchase through a mortgage insured under this title, notwithstanding any provision of section 203, the downpayment on such mortgage shall be $100. ``(G) Monitoring and prevention of undue profit.-- The Secretary shall issue regulations to prevent undue profit from the resale of properties in violation of the requirement under subparagraph (B) and to provide for coordination with local educational agencies, and with States and units of general local government (and public agencies thereof), to monitor compliance with the requirement under subparagraph (B) and ensure compliance with the requirement under subparagraph (C). ``(H) Awareness program.--From funds made available for salaries and expenses for the Office of Policy Support of the Department of Housing and Urban Development, each field office of the Department shall make available to elementary schools and secondary schools within the jurisdiction of the field office, to State and local agencies within the jurisdiction of the field office that employ public safety officers, and to the public-- ``(i) a list of properties located within the jurisdiction of the field office that are available for purchase at a discount under this paragraph and under subsection (k); and ``(ii) other information designed to make teachers, public safety officers, and the public aware of the discount and downpayment assistance available under this paragraph and subsection (k). ``(I) Definitions.--For the purposes of this paragraph, the following definitions shall apply: ``(i) The terms `elementary school' and `secondary school' have the meanings given such terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), except that, for purposes of this paragraph, elementary education (as used in such section) shall include pre-kindergarten education. ``(ii) The term `eligible property' means an eligible asset described in paragraph (2)(A) of this subsection. ``(iii) The term `local educational agency' has the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). ``(iv) The term `public safety officer' has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b), except that such term shall not include any officer serving a public agency of the Federal Government. ``(v) The term `teacher' means an individual who is employed on a full-time basis, in an elementary or secondary school, as a State-certified or State-licensed classroom teacher or as an administrator.''. (b) Conforming Amendments.--Section 204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended-- (1) in paragraph (4)(B)(ii), by striking ``paragraph (7)'' and inserting ``paragraph (8)''; (2) in paragraph (5)(B)(i), by striking ``paragraph (7)'' and inserting ``paragraph (8)''; and (3) in paragraph (6)(A), by striking ``paragraph (8)'' and inserting ``paragraph (9)''. SEC. 3. AVAILABILITY OF HOMES IN OTHER AREAS FOR PURCHASE AT DISCOUNT BY TEACHERS AND PUBLIC SAFETY OFFICERS. Section 204 of the National Housing Act (12 U.S.C. 1710) is amended by inserting after subsection (j) the following new subsection: ``(k) Disposition of Single Family Homes to Teachers and Public Safety Officers.-- ``(1) In general.--Notwithstanding the authority under the last sentence of subsection (g), the Secretary shall dispose of covered HUD-owned single family properties pursuant to the requirements of this subsection. ``(2) Designation of properties.--The Secretary shall designate covered HUD-owned single family properties as available for disposition under this subsection. The Secretary shall make such designations such that-- ``(A) among properties so designated, there is a widespread and reasonable geographic distribution on a nationwide basis; ``(B) at all times, not less than 25 percent of the covered single family properties that are, at the time, HUD-owned are so designated; and ``(C) priority is given to designating covered HUD- owned single family properties that are located in distressed areas, as determined by the Secretary, that are adjacent to or near areas designated as revitalization areas for purposes of subsection (h). ``(3) Discount.--A covered HUD-owned single family property that is designated under paragraph (2) for disposition under this subsection and is sold, during fiscal years 2001 through 2005, to a teacher or public safety officer who agrees to comply with the requirements under paragraphs (4) and (5), shall be sold at a price that is equal to 50 percent of the appraised value of the eligible property (as determined in an appraisal conducted in the manner required for appraisals of eligible assets under subsection (h)(6)(B)). ``(4) Sole residence requirement.--A covered HUD-owned single family property sold pursuant to a discount under this subsection shall be used, for not less than the 3-year period beginning upon such sale, as the sole residence of the purchasing teacher or public safety officer. ``(5) 3-year employment requirement.--A teacher or public safety officer complies with the requirement under this paragraph if, during the 3-year period referred to in paragraph (4)-- ``(A) in the case of property sold to a teacher, the teacher is employed-- ``(i) in a school of a local educational agency whose jurisdiction includes the property; or ``(ii) in a private school located within the jurisdiction of a local educational agency whose jurisdiction includes the property; or ``(B) in the case of a public safety officer, the officer is employed by a public agency whose jurisdiction includes the property. This paragraph may not be construed to require any teacher or public safety officer to comply with the requirements of this paragraph, to maintain for such 3-year period the same employment position or status, or the same employer that the teacher or officer had at the time of the purchase of the property pursuant to a discount under this subsection. ``(6) Mortgage downpayment assistance.--If a teacher purchases a property pursuant to a discounted sale price under this subsection and finances such purchase through a mortgage insured under this title, notwithstanding any provision of section 203 the downpayment on such mortgage shall be $100. ``(7) Monitoring and prevention of undue profit.--The Secretary shall issue regulations to prevent undue profit from the resale of properties in violation of the requirements under paragraphs (4) and (5) and to provide for coordination with local educational agencies, and with States and units of general local government (and public agencies thereof), to monitor compliance with the requirements under such paragraphs. ``(8) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Covered.--The term `covered' means, with respect to a property, that the property is not located in an area designated as a revitalization area for purposes of subsection (h). ``(B) HUD-owned.--The term `HUD-owned' means, with respect to a property, that the property-- ``(i) was previously subject to a mortgage insured under the provisions of this Act; and ``(ii) is owned by the Secretary pursuant to the payment of insurance benefits under this Act. ``(C) Public safety officer.--The term `public safety officer' has the meaning given such term in section (h)(7)(I). ``(D) Single family property.--The term `single family property' means a property that is designed as a dwelling for occupancy by 1 to 4 families. ``(E) Teacher.--The term `teacher' has the meaning given such term in subsection (h)(7)(I).''. SEC. 4. FUNDING FOR STAFF. There are authorized to be appropriated such sums as may be necessary for any increased expenses of the Department of Housing and Urban Development, including any additional salaries and other administrative and nonadministrative expenses, resulting from implementation of the programs under subsection 204(k) of the National Housing Act, as added by section 3 of this Act. SEC. 5. TERMINATION OF EXISTING HUD PROGRAMS. This Act and the amendments made by this Act are enacted to replace the programs of the Department of Housing and Urban Development known as the Teacher Next Door Initiative and Officer Next Door Initiative, carried out pursuant to Notice H 99-30 (November 17, 1999) of the Department and the notices and interim rules incorporated in such notice. Upon the enactment of this Act, the Secretary shall cease carrying out such programs or shall make such changes in such programs as may be necessary so that this Act and the amendments made by this Act are carried out through such programs. SEC. 6. REGULATIONS. Not later than 90 days after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue regulations to implement the amendments made by this Act.

Home Ownership Must Expand for Teachers and Public Safety Officers Act - Amends the National Housing Act to provide purchase discount and downpayment assistance for qualifying elementary and secondary school teachers and public safety officers to buy Department of Housing and Urban Development (HUD)-owned single family homes.Directs HUD field offices to conduct program awareness activities.Directs the Secretary, upon enactment of this Act, to replace the Teacher Next Door and the Officer Next Door Initiatives with the provisions of this Act.

To make single family properties owned by the Department of Housing and Urban Development available at a discount to elementary and secondary school teachers and public safety officers, and for other purposes.