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SECTION 1. SHORT TITLE. This Act may be cited as the ``Samuel Kelner Commission on Youth Authorization Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Samuel Kelner Commission on Youth'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall seek to reduce apathy among American youth regarding the Nation's system of government by discussing and making policy recommendations on issues affecting American youth, including issues in the following subject areas: (1) Public education. (2) Youth employment and wages. (3) Higher education financing. (4) Youth drug abuse and violence. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 8 members, appointed as follows: (1) 4 members appointed by the President. (2) 1 member appointed by the Speaker of the House of Representatives. (3) 1 member appointed by the minority leader of the House or Representatives. (4) 1 member appointed by the majority leader of the Senate. (5) 1 member appointed by the minority leader of the Senate. (b) Age Limit.--An individual may not be appointed under subsection (a) if that individual will attain 18 years of age by the date of the Commission's first meeting or conference that occurs after that individual's appointment in the term for which the individual is appointed. (c) Terms.-- (1) In general.--Each member shall be appointed for a term of 1 year beginning on August 1 and may be reappointed. (2) Initial term.--The first 8 members shall be appointed for the 1-year period that begins on August 1 of the calendar year that follows the calendar year of the date of the enactment of this Act. (d) Vacancies.--Any member appointed to fill a vacancy before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Pay.--Members shall serve without pay. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Quorum.--A majority of the members shall constitute a quorum, except that a lesser number may hold hearings. (h) Chairperson.--The Chairperson of the Commission shall be elected by the members. (i) Meetings.-- (1) In general.--In each 1 year period beginning August 1 the Commission-- (A) shall conduct 4 meetings each spanning a period of not more than 3 days; and (B) shall conduct 1 conference spanning a period of not more than 1 week. (2) Scheduling.-- (A) Initial meeting.--The initial meeting of the Commission each year under paragraph (1)(A) shall begin on the first Thursday in August. (B) Remaining meetings.--The Commission, by majority vote at the initial meeting each year, shall determine the dates of the remaining meetings and the conference under paragraph (1) for that year. (3) Emergency meeting.--In addition to the meetings required under paragraph (1), the Commission shall, at the call of the President, conduct 1 emergency meeting spanning a period of not more than 3 days. SEC. 5. DIRECTOR; STAFF; EXPERTS AND CONSULTANTS. (a) Director.-- (1) Appointment.--The Commission shall have a Director who shall be appointed by the President. (2) Pay.--The Director shall be paid at the rate of basic pay for GS-12 of the General Schedule. (b) Staff.--The Commission may appoint additional personnel as it considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service. (d) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. The Chairperson may request such information if such request is authorized by a majority vote of the Commission. Upon request of the Chairperson, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Contract Authority.--To the extent and in the amounts provided in advance in appropriations Acts, the Director may contract with and compensate government and private agencies or person for supplies and other services. SEC. 7. ANNUAL REPORTS. (a) In General.--The Commission shall submit to the President and the Congress a report not later than July 1 each year. (b) Contents.--Each report shall include policy recommendations on issues affecting youth, including issues in the following subject areas: (1) Public education. (2) Youth employment and wages. (3) Higher education financing. (4) Youth drug abuse and violence. SEC. 8. TERMINATION. The Commission shall terminate 5 years after the beginning of the terms of its first members. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Commission to carry out this Act $100,000 for each of fiscal years 2002, 2003, 2004, 2005, and 2006. Such sums may remain available until expended.

Samuel Kelner Commission on Youth Authorization Act - Establishes the Samuel Kelner Commission on Youth to seek to reduce apathy among U.S. youth regarding the Nation's system of government by discussing and making policy recommendations on issues affecting U.S. youth, including issues in the subject areas of: (1) public education; (2) youth employment and wages; (3) higher education financing; and (4) youth drug abuse and violence.

To establish the Samuel Kelner Commission on Youth.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security and Victory in Iraq Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The national security mission of the United States and its coalition partners, having removed Saddam Hussein and his regime from power, is to help establish a sovereign, free, secure, and united Iraq at peace with its neighbors. (2) The people of Iraq in 2005 went to the polls in great numbers and in an historic democratic process elected an interim government, voted on a new constitution, and elected a permanent democratic government. (3) Since its inception, Iraq's democratic government has been under continuous attack from extremist insurgents, terrorists, and, more recently, growing sectarian conflict. (4) The increasing violence is now threatening Iraq's government, endangering regional stability and creating the opportunity for safe havens for terrorists. (5) The National Intelligence Estimate for Iraq, released February 2, 2007, stated: ``Coalition capabilities, including force levels, resources, and operations, remain an essential stabilizing element in Iraq.''. The National Intelligence Estimate for Iraq stated further that if Coalition forces were to withdraw rapidly, the intelligence community judges that neighboring countries--invited by Iraqi factions or unilaterally--might intervene openly in the conflict. (6) There is evidence that the sectarian violence is pulling in neighboring countries, with United States and coalition commanders in Iraq, intelligence sources, and the Iraq Study Group all affirming that Syria and Iran are actively supporting efforts to undermine stability in Iraq, with reporting attesting that Iran has provided arms, financial support, and training for militias within Iraq and may be supplying improvised explosive devices to groups that attack United States forces. (7) Israeli Prime Minister Olmert underscored the regional consequences of a United States withdrawal from Iraq in a December 11, 2006, interview with the Washington Post and Newsweek saying: ``If there is a premature pullout before Iraq has a robust government with a strong authority that can keep the country from collapsing into an internal civil war, America will have to think about the possible ramifications on neighbouring Arab countries with moderate governments. . . . How will it affect the stability of these countries against the radical forces that might flourish as a result of a premature pullout of America?''. (8) Ayman al-Zawahiri has repeatedly stated the need to extend the jihad beyond Iraq and wrote in an October 2005 letter to the late al-Qaeda leader al-Zarqawi, that the Islamist militant extremists ``must not have their mission end with the expulsion of the Americans from Iraq, and then lay down their weapons. . . . Instead, their ongoing mission is to establish an Islamic state, and defend it, and for every generation to hand over the banner to the one after it . . .''. (9) This commitment to imposing militant extremist Islam throughout the world was recently echoed by Iranian leader Mahmoud Ahmadinejad, who was quoted as saying on January 5, 2007: ``We don't shy away from declaring that Islam is ready to rule the world. . . . We must prepare ourselves to rule the world.''. (10) The failure to secure Iraq would threaten America's vital national security interests, in a strategically important region in the world, and our homeland security interests. (11) Recognizing the investment of troops and resources had outpaced results in Iraq, the President and a congressionally- established commission, the Iraq Study Group, conducted reappraisals of our policies and strategies in Iraq. (12) The President outlined a new strategy on January 10, 2007, to immediately further United States national security priorities, to provide greater security for the Iraqi population, and to accelerate progress on essential political, social, and economic reforms necessary to the long-term stability of the central government and the country. (13) On January 26, 2007, the United States Senate unanimously confirmed General David H. Petraeus as the new commander of United States and allied forces in Iraq. During his confirmation hearings, General Petraeus addressed the negative consequences a premature withdrawal would have on United States interests and regional stability, as well as the positive encouragement a congressionally-passed resolution of disapproval regarding the new strategy would have on United States enemies operating in Iraq. (14) In addition, General Petraeus, as he himself has stated, cannot accomplish his new mission without the deployment of the additional troops, which would reinforce United States and allied forces. It is not in the best national security interests of the United States to support unanimously a new commanding general given his mission and then deny him the resources to be successful in that mission. (15) Despite policy disagreements, all Members of Congress support the members of the United States Armed Forces, who have served honorably in their mission to fight terrorism and to protect the security of the United States. (16) The members of the Armed Forces and their families have made sacrifices, in many cases the ultimate sacrifice, to protect the security of the United States and the freedom of its citizens. (17) Failure to fully provide resources to military forces deployed in support of operations in Iraq will negatively impact our troops' morale and result in increasing casualties and make the mission to secure Iraq impossible. SEC. 3. CERTIFICATION RELATING TO EFFORTS BY THE GOVERNMENT OF IRAQ. Not later than 30 days after the date of the enactment of this Act, and every 30 days thereafter, the President shall transmit to the appropriate congressional committees a certification that contains a determination of the President of the extent to which-- (1) the Government of Iraq is fully cooperating with United States stability efforts in Iraq; and (2) the Government of Iraq has taken effective steps and made demonstrable progress toward-- (A) completing the process of purging from its security services those individuals with ties to insurgents, sectarian militias, and terrorism; (B) developing and implementing a rotation schedule that allows all Iraqi Army battalions to participate in operations in battlefield conditions, such as those combat conditions found in Baghdad and al Anbar Province; (C) denying terrorists and their state-sponsors, particularly Iran and Syria, the use of Iraqi territory as a terrorist sanctuary; (D) developing and implementing a strategy to promote tolerance, peace, and co-existence among Iraqis, which should particularly address how to decrease sectarian tensions and violence; (E) providing and ensuring equal access to resources to all Iraqis and augmenting the capability of reconstruction programs and economic institutions; (F) adopting reforms to promote justice, equality, and the rule of law, and ensuring financial and transparent accountability of all Iraqi Government ministries and operations; and (G) cooperating and coordinating internationally to help stabilize Iraq. SEC. 4. REPORT. Not later than 30 days after the date of the enactment of this Act, and every 30 days thereafter, the President shall transmit to the appropriate congressional committees a report that-- (1) details the progress in the implementation of the Iraq strategy, ``A New Way Forward,'' announced by the President on January 10, 2007; (2) details the progress of the Government of Iraq in meeting the benchmarks described in section 3 of this Act; (3) identifies the level of combat experience of all Iraqi Army battalions, provides details on the development and implementation of a rotation schedule to ensure that all Iraqi Army battalions experience combat operations in battlefield conditions, and identifies the extent to which the Iraqi Ministry of Defense has deployed Iraqi military units that are needed to secure Baghdad and al Anbar Province; (4) tracks expenditures of Iraqi funds, which are allocated for the Iraqi Army, for the purpose of equipping the Iraqi Army; (5) measures the effectiveness of the police force in Baghdad using normally accepted crime statistics; (6) assesses the contributions by allies of the United States to provide support to the Government and people of Iraq; and (7) identifies the steps the Government of the United States is taking to hold the Government of Iraq accountable in meeting the benchmarks described in section 3 of this Act and in providing funding for the Provincial Reconstruction Teams in Iraq. SEC. 5. INTERAGENCY ASSESSMENT. (a) Interagency Assessment Required.--The President shall require all relevant departments and agencies of the Government of the United States to conduct an interagency assessment of the impact that withdrawal of United States Armed Forces from Iraq would have on the national security and homeland security interests of the United States, as well as an assessment on the impact that such a withdrawal would have for United States allies in the region. (b) Report.--Not later than 90 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report that contains the results of the interagency assessment conducted under subsection (a). SEC. 6. SELECT BIPARTISAN COMMITTEE TO MONITOR UNITED STATES POLICY AND STRATEGY FOR IRAQ. (a) Establishment.--There is hereby established in the House of Representatives the Select Bipartisan Committee to Monitor United States Policy and Strategy for Iraq (hereinafter referred to as the ``select committee''). (b) Composition.-- (1) In general.--The select committee shall be composed of 10 members appointed by the Speaker of the House of Representatives, of whom 5 members shall be appointed upon the recommendation of the minority leader of the House of Representatives. The Speaker shall designate one member as chairman of the select committee. (2) Ex officio members.--The Speaker and the minority leader of the House of Representatives shall be ex officio members of the select committee but shall have no vote in the select committee and may not be counted for purposes of determining a quorum. The Speaker and the minority leader each may designate a leadership staff member to assist in their capacity as ex officio members, with the same access to select committee meetings, hearings, briefings, and materials as employees of the select committee and subject to the same security clearance and confidentiality requirements as staff of the select committee. (c) Duties.-- (1) In general.--The select committee is authorized and directed to monitor the implementation of this Act and to study proposals from relevant committees of the House of Representatives, the executive branch, and private sector entities and individuals as the select committee considers appropriate concerning the development of United States policy and strategy to assist Iraq to achieve a stable, democratic government and security forces capable of establishing and maintaining security and stability. (2) Report.--Not later than 180 legislative days after the date on which all members of the select committee have been appointed pursuant to subsection (b)(1), the select committee shall submit to the House of Representatives a report that contains a summary of the activities of the select committee carried out under paragraph (1) and any findings or recommendations relating to such activities. (d) Procedure.--Rule XI of the Rules of the House of Representatives, including the items referred to in the following paragraphs, shall apply to the select committee: (1) Clause 2(j)(1) of rule XI (guaranteeing the minority additional witnesses). (2) Clause 2(m)(3) of rule XI (providing for the authority to subpoena witnesses and documents). In addition, access by the select committee to classified information and other national security information shall be conducted consistent with the Rules of the House of Representatives. (e) Joint Operations.--The chairman of the select committee, in carrying out the duties described in subsection (c), shall consult with the chairman of a Senate committee conducting duties similar to the duties described in subsection (c) regarding meeting jointly to receive testimony, the scheduling of hearings or issuance of subpoenas, and joint staff interviews of key witnesses. (f) Staff; Funding.-- (1) Staff.-- (A) Use of existing house staff.--To the greatest extent practicable, the select committee shall utilize the services of staff of employing entities of the House of Representatives. At the request of the chairman in consultation with the ranking minority member, staff of employing entities of the House of Representatives or a joint committee may be detailed to the select committee to carry out this section and shall be deemed to be staff of the select committee. (B) Other staff.--The chairman, upon consultation with the ranking minority member, may employ and fix the compensation of such staff as the chairman considers necessary to carry out this resolution. (2) Funding.--There shall be paid out of the applicable accounts of the House of Representatives $500,000 for the expenses of the select committee. Such payments shall be made on vouchers signed by the chairman and approved in the manner directed by the Committee on House Administration. Amounts made available under this paragraph shall be expended in accordance with regulations prescribed by the Committee on House Administration. (g) Dissolution and Disposition of Records.-- (1) Dissolution.--The select committee shall cease to exist 30 days after filing the report required under subsection (c)(2). (2) Disposition of records.--Upon dissolution of the select committee, the records of the select committee shall become the records of any committee of the House of Representatives designated by the Speaker of the House of Representatives. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Select Bipartisan Committee to Monitor United States Policy and Strategy for Iraq (established under section 6 of this Act) of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate. (2) Legislative day.--The term ``legislative day'' means any calendar day during which the House of Representatives is in session. (3) Terrorist sanctuary.--The term ``terrorist sanctuary'' has the meaning given the term in section 140(d)(5) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(5) (as added by section 7102(d)(3) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458)).

Security and Victory in Iraq Act of 2007 - Directs the President every 30 days to certify to the appropriate congressional committees the extent to which the government of Iraq: (1) is cooperating with U.S. stability efforts in Iraq; and (2) has made demonstrable progress toward achieving stability and security for its people, denying terrorists a sanctuary in Iraq, and ensuring equal access to resources. Directs the President every 30 days to report to the appropriate congressional committees respecting: (1) implementation of the Iraq "A New Way Forward" strategy; (2) the government of Iraq's progress in meeting specified benchmarks; (3) Iraqi Army progress and operations; (4) expenditure of funds for the Iraqi Army; (5) effectiveness of the police force in Baghdad; and (6) contributions by U.S. allies to support the government and people of Iraq. Directs the President to: (1) require all relevant U.S. departments and agencies to conduct an interagency assessment of the impact that U.S. military withdrawal from Iraq would have on U.S. national security and homeland security interests and on U.S. allies in the region; and (2) report to the appropriate congressional committees. Establishes in the House of Representatives the Select Bipartisan Committee to Monitor United States Policy and Strategy for Iraq.

To require the President to report to Congress on the extent to which the Government of Iraq is fully cooperating with United States stability efforts in Iraq and is making demonstrable progress toward achieving stability and security for the people of Iraq and denying terrorists a sanctuary in Iraq, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant Plan of Safe Care Improvement Act''. SEC. 2. BEST PRACTICES FOR DEVELOPMENT OF PLANS OF SAFE CARE. Section 103(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5104(b)) is amended-- (1) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and (2) by inserting after paragraph (4), the following: ``(5) maintain and disseminate information about the requirements of section 106(b)(2)(B)(iii) and best practices relating to the development of plans of safe care as described in such section for infants born and identified as being affected by illegal substance abuse or withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder;''. SEC. 3. STATE PLANS. Section 106(b)(2)(B)(iii) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(iii)) is amended by inserting before the semicolon at the end the following: ``to ensure the safety and well-being of such infant following release from the care of healthcare providers, including through--'' ``(I) addressing the health and substance use disorder treatment needs of the infant and affected family or caregiver; and ``(II) the development and implementation by the State of monitoring systems regarding the implementation of such plans to determine whether and in what manner local entities are providing, in accordance with State requirements, referrals to and delivery of appropriate services for the infant and affected family or caregiver''. SEC. 4. DATA REPORTS. (a) In General.--Section 106(d) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is amended by adding at the end of the following: ``(17)(A) The number of infants identified under subsection (b)(2)(B)(ii). ``(B) The number of infants for whom a plan of safe care was developed under subsection (b)(2)(B)(iii). ``(C) The number of infants for whom a referral was made for appropriate services, including services for the affected family or caregiver, under subsection (b)(2)(B)(iii).''. (b) Redesignation.--Effective on May 29, 2017, section 106(d) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is amended by redesignating paragraph (17) (as added by subsection (a)) as paragraph (18). SEC. 5. MONITORING AND OVERSIGHT. (a) Amendment.--Title I of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) is further amended by adding at the end the following: ``SEC. 114. MONITORING AND OVERSIGHT. ``The Secretary shall conduct monitoring to ensure that each State that receives a grant under section 106 is in compliance with the requirements of section 106(b), which-- ``(1) shall-- ``(A) be in addition to the review of the State plan upon its submission under section 106(b)(1)(A); and ``(B) include monitoring of State policies and procedures required under clauses (ii) and (iii) of section 106(b)(2)(B); and ``(2) may include-- ``(A) a comparison of activities carried out by the State to comply with the requirements of section 106(b) with the State plan most recently approved under section 432 of the Social Security Act; ``(B) a review of information available on the Website of the State relating to its compliance with the requirements of section 106(b); ``(C) site visits, as may be necessary to carry out such monitoring; and ``(D) a review of information available in the State's Annual Progress and Services Report most recently submitted under section 1357.16 of title 45, Code of Federal Regulations (or successor regulations).''. (b) Table of Contents.--The table of contents in section 1(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended by inserting after the item relating to section 113, the following: ``Sec. 114. Monitoring and oversight.''. SEC. 6. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to authorize the Secretary of Health and Human Services or any other officer of the Federal Government to add new requirements to section 106(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)), as amended by this Act. Passed the House of Representatives May 11, 2016. Attest: KAREN L. HAAS, Clerk.

Infant Plan of Safe Care Improvement Act (Sec. 2) This bill amends the Child Abuse Prevention and Treatment Act to require the Department of Health and Human Services (HHS), through the national clearinghouse for information relating to child abuse, to maintain and disseminate information about the requirements and best practices relating to the development of plans of safe care for infants born affected by illegal substance abuse, withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder. (Sec. 3) A state plan submitted to HHS for a grant to improve its child protective services system must certify that it has a state law or statewide program relating to child abuse and neglect that includes a plan of safe care for such an infant to ensure its safety and well-being following release from the care of healthcare providers. The state plan of safe care shall: (1) address the health and substance use disorder treatment needs of the infant and affected family or caregiver; and (2) specify the development and implementation by the state of monitoring systems regarding the implementation of such plans to determine whether and in what manner local entities are providing, in accordance with state requirements, referrals to and delivery of appropriate services for the infant and affected family or caregiver. (Sec. 4) Annual state data reports shall include the total number of such infants for whom a plan of safe care was developed, and for whom referrals are made for appropriate services, including services for the affected family or caregiver. (Sec. 5) HHS shall monitor the compliance of each grant-receiving state with applicable current law requirements, including required state policies and procedures regarding care of such infants.

Infant Plan of Safe Care Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Americans in Internal Revenue Refunds Act''. SEC. 2. PREVENTION OF CLAIMS OF EARNED INCOME TAX CREDIT BY INDIVIDUALS RECEIVING WORK AUTHORIZATIONS PURSUANT TO DEFERRED ACTION PROGRAMS. (a) In General.--Section 32(m) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Solely for purposes of'' and inserting the following: ``(1) In general.--Solely for purposes of'', and (2) by striking ``a social security number issued to an individual'' and all that follows and inserting ``a specified social security number.'', and (3) by adding at the end the following new paragraphs: ``(2) Specified social security number.--For purposes of this section-- ``(A) In general.--The term `specified social security number' means a social security number issued to an individual by the Social Security Administration. ``(B) Exceptions.--Such term shall not include-- ``(i) any social security number issued pursuant to subclause (II) (or that portion of subclause (III) that relates to subclause (II)) of section 205(c)(2)(B)(i) of the Social Security Act, and ``(ii) any social security number issued pursuant to a work authorization obtained pursuant to-- ``(I) the memorandum of the Secretary of Homeland Security dated June 15, 2012, and entitled `Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children', ``(II) the memorandum of the Secretary of Homeland Security dated November 20, 2014, and entitled `Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents', or ``(III) any other program not specifically established by law which provides a class of individuals not otherwise legally present in the United States deferred action on removal. ``(C) Special rules with respect to certain beneficiaries of deferred action.-- ``(i) Treatment upon grant of citizenship.--A social security number otherwise described in subparagraph (B)(ii) shall cease to be treated as issued pursuant to a work authorization described in such subparagraph if, and only if, the individual to whom such social security number is issued becomes a citizen of the United States. ``(ii) No retroactive effect upon grant of citizenship.--In the case of a social security number to which clause (i) applies, such social security number shall be treated as a specified social security number only to the extent that such number is included on returns of tax which relate to taxable years ending after the date on which such individual becomes a citizen of the United States.''. (b) Coordination With Department of Homeland Security and Social Security Administration.-- (1) Department of homeland security.--The Secretary of Homeland Security shall-- (A) ensure that the Commissioner of Social Security receives sufficient information in a timely manner to determine that a social security account number described in section 32(m)(2)(B)(ii) of the Internal Revenue Code of 1986 is being issued pursuant to a program referred to in such section; (B) ensure that any document issued to an individual under such a program, including any document attesting to the individual's authorization for employment and any document attesting to the deferral of action on any removal of that individual, has a notation that the individual was provided such document pursuant to such a program; and (C) take all other appropriate actions to coordinate with the Secretary of the Treasury and the Commissioner of Social Security in carrying out section 32(m) of the Internal Revenue Code of 1986 and this paragraph. (2) Social security administration.--Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is amended by adding at the end the following new subparagraph: ``(I) The Commissioner of Social Security shall-- ``(i) maintain a record of all social security account numbers described in section 32(m)(2)(B)(ii) of the Internal Revenue Code of 1986 and the names of the individuals to whom such numbers were issued; ``(ii) in any case in which a social security account number so described would be disclosed by the Commissioner to the Secretary of the Treasury or to the Commissioner of the Internal Revenue Service, identify such number as being so described; and ``(iii) take all other appropriate actions to coordinate with the Secretary of the Treasury and the Secretary of Homeland Security in carrying out section 32(m) of the Internal Revenue Code of 1986 and section 2(b)(1) of the Fairness for Americans in Internal Revenue Refunds Act.''. (c) Effective Date.--The amendments made by subsection (a) shall apply to any return of tax, and any amendment or supplement to any return of tax, which is filed after the date of the enactment of this Act.

Fairness for Americans in Internal Revenue Refunds Act This bill amends the Internal Revenue Code to prevent a taxpayer whose social security number was issued for purposes of granting a work authorization under a deferred action on removal program from claiming an earned income tax credit using such social security number. The bill directs: (1) the Department of Homeland Security to place a notation on employment authorization cards that the holder of such card has received it under a deferred action on removal program, and (2) the Social Security Administration to maintain a record of all social security account numbers issued to individuals under a deferred action on removal program.

Fairness for Americans in Internal Revenue Refunds Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing the Strength and Capacity of America's Primary Evacuation Routes Act'' or the ``ESCAPE Act''. SEC. 2. EVACUATION ROUTE PROGRAM. (a) Definitions.--In this section: (1) Evacuation route.-- (A) In general.--The term ``evacuation route'' means a route that-- (i) is owned, operated, or maintained by a Federal, State, or local government or a private entity; (ii) is used-- (I) to transport the public away from emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)); or (II) to transport emergency responders and recovery resources; and (iii) is designated by the State in which the route is located for the purposes described in clause (ii). (B) Inclusion.--The term ``evacuation route'' includes an eligible project under subsection (d). (2) Program.--The term ``program'' means the competitive grant program established under subsection (b)(1). (3) Resilience project.--The term ``resilience project'' means a project-- (A) with the ability to anticipate, prepare for, and adapt to changing conditions and withstand, respond to, and recover rapidly from disruptions; and (B) designed and built to address current and future vulnerabilities to an evacuation route due to-- (i) future occurrence or recurrence of emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)) that are likely to occur in the geographic area in which the evacuation route is located; or (ii) projected changes in development patterns, demographics, or extreme weather events based on the best available evidence and analysis. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (b) Establishment of Program.-- (1) In general.--The Secretary (in consultation with the Administrator of the Federal Emergency Management Agency for the purposes described in paragraph (3)) shall establish a competitive grant program to provide grants for resilience projects that strengthen and protect evacuation routes that are essential for providing and supporting mass evacuations caused by emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)). (2) Requirements.--A grant awarded under the program shall address-- (A) current and future vulnerabilities to an evacuation route due to future occurrence or recurrence of emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)) that are likely to occur in the geographic area in which the evacuation route is located; and (B) projected changes in development patterns, demographics, or climate change and extreme weather events based on the best available evidence and analysis. (3) Consultation.--In carrying out the program, the Administrator of the Federal Emergency Management Agency shall consult with the Secretary to provide technical assistance to the Secretary and to applicants. (c) Eligible Resilience Projects.--The Secretary shall provide grants under this section to resilience projects-- (1) that are eligible projects under subsection (d); and (2) that-- (A) ensure the ability of the evacuation route to provide safe passage during a mass evacuation and reduce the risk of damage to evacuation routes as a result of future emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)), including-- (i) restoring or replacing existing mass evacuation routes that are structurally deficient or functionally obsolete; (ii) protecting, elevating, or relocating assets that are located in a base floodplain; (iii) protecting assets vulnerable to high winds; (iv) installing mitigation measures that prevent the intrusion of floodwaters into transportation systems; (v) strengthening systems that remove rainwater from transportation facilities or services; or (vi) other resilience projects that address identified vulnerabilities; (B) if the Secretary determines that existing evacuation routes are not sufficient to adequately facilitate mass evacuations, expand the capacity of evacuation routes to swiftly and safely accommodate mass evacuations, including installation of-- (i) communications and intelligent transportation system equipment and infrastructure; (ii) counterflow measures; or (iii) shoulders; (C) are for the construction of-- (i) new or redundant evacuation routes, if the Secretary determines that existing evacuation routes are not sufficient to adequately facilitate mass evacuations; or (ii) sheltering facilities; or (D) involve planning and acquisition, including-- (i) mass evacuation planning and preparation, such as-- (I) coordination with agencies and departments within the State, first responders, and other States; (II) identification of evacuation routes; (III) evacuation route education and awareness campaigns; (IV) traffic analysis and monitoring; or (V) data sharing; (ii) acquisition of evacuation route and traffic incident management equipment and vehicles; (iii) evacuation route risk assessment; (iv) development of enhanced mass evacuation response capabilities; (v) evacuation route signage; or (vi) equipment for pedestrian movement. (d) Eligible Projects.--The Secretary may make a grant under this section only for a project that is-- (1) a project eligible for assistance under title 23, United States Code; (2) a public transportation facility or service eligible for assistance under chapter 53 of title 49, United States Code; (3) a facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49, United States Code); (4) a port facility, including a facility that-- (A) connects a port to other modes of transportation; (B) improves the efficiency of mass evacuations and disaster relief; or (C) aids transportation; (5) a public-use airport (as defined in section 47102 of title 49, United States Code) that is included in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103 of title 49, United States Code; or (6) a route owned, operated, or maintained by the Corps of Engineers. (e) Eligible Entities.--The Secretary may award a grant under this section to any of the following: (1) A State. (2) A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals. (3) A unit of local government. (4) A political subdivision of a State or local government. (5) A special purpose district or public authority with a transportation function, including a port authority. (6) A Federal land management agency that applies jointly with a State or group of States. (7) A Tribal government or a consortium of Tribal governments. (8) A multistate or multijurisdictional group of entities described in paragraphs (1) through (7). (f) Applications.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be necessary. (g) Criteria.--In selecting resilience projects to receive grants under the program, the Secretary shall consider-- (1) the cost of the project compared to the risk of recurring damage and the cost of future repairs, taking into account current and future emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)) and extreme weather events, to the maximum extent practicable; (2) the extent to which the project reduces the financial risk to the Federal Government; and (3) such other criteria as the Secretary determines to be appropriate. (h) Administration of Projects.--Responsibility for oversight and administration of a project that receives a grant under this section-- (1) may be transferred within the Department of Transportation; and (2) shall be administered in accordance with-- (A) title 23 and title 49, United States Code, as applicable; (B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); (C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (D) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). (i) Federal Cost Share.-- (1) In general.--The Federal share of the cost of a project carried out under the program shall not exceed 80 percent of the total project cost. (2) Non-federal share.--The eligible entity may use funds provided from other Federal sources to meet the non-Federal cost share requirement for a project under the program. (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section for each fiscal year $1,000,000,000, to remain available until expended.

Enhancing the Strength and Capacity of America's Primary Evacuation Routes Act or the ESCAPE Act This bill directs the Department of Transportation to establish a competitive grant program to provide grants for resilience projects that strengthen and protect evacuation routes that are essential for providing and supporting mass evacuations caused by emergency events. The bill defines "resilience project" to mean a project: (1) with the ability to anticipate, prepare for, and adapt to changing conditions and withstand, respond to, and recover rapidly from disruptions; and (2) designed and built to address current and future vulnerabilities to an evacuation route.

Enhancing the Strength and Capacity of America's Primary Evacuation Routes Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prematurity Research Expansion and Education for Mothers who deliver Infants Early Reauthorization Act'' or the ``PREEMIE Reauthorization Act''. SEC. 2. RESEARCH AND ACTIVITIES AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION. (a) Epidemiological Studies.--Section 3 of the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act (42 U.S.C. 247b-4f) is amended by striking subsection (b) and inserting the following: ``(b) Studies and Activities on Preterm Birth.-- ``(1) In general.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, may, subject to the availability of appropriations-- ``(A) conduct epidemiological studies on the clinical, biological, social, environmental, genetic, and behavioral factors relating to prematurity, as appropriate; ``(B) conduct activities to improve national data to facilitate tracking the burden of preterm birth; and ``(C) continue efforts to prevent preterm birth, including late preterm birth, through the identification of opportunities for prevention and the assessment of the impact of such efforts. ``(2) Report.--Not later than 2 years after the date of enactment of the PREEMIE Reauthorization Act, and every 2 years thereafter, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall submit to the appropriate committees of Congress reports concerning the progress and any results of studies conducted under paragraph (1).''. (b) Reauthorization.--Section 3(e) of the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act (42 U.S.C. 247b-4f(e)) is amended by striking ``2007 through 2011'' and inserting ``2014 through 2018''. SEC. 3. ACTIVITIES AT THE HEALTH RESOURCES AND SERVICES ADMINISTRATION. (a) Telemedicine and High-Risk Pregnancies.--Section 330I(i)(1)(B) of the Public Health Service Act (42 U.S.C. 254c-14(i)(1)(B)) is amended by striking ``or case management services'' and inserting ``case management services, or prenatal care for high-risk pregnancies''. (b) Public and Health Care Provider Education.--Section 399Q of the Public Health Service Act (42 U.S.C. 280g-5) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking subparagraphs (A) through (F) and inserting the following: ``(A) the core risk factors for preterm labor and delivery; ``(B) medically indicated deliveries before full term; ``(C) the importance of preconception and prenatal care, including-- ``(i) smoking cessation; ``(ii) weight maintenance and good nutrition, including folic acid; ``(iii) the screening for and the treatment of infections; and ``(iv) stress management; ``(D) treatments and outcomes for premature infants, including late preterm infants; ``(E) the informational needs of families during the stay of an infant in a neonatal intensive care unit; and ``(F) utilization of evidence-based strategies to prevent birth injuries;''; and (B) by striking paragraph (2) and inserting the following: ``(2) programs to increase the availability, awareness, and use of pregnancy and post-term information services that provide evidence-based, clinical information through counselors, community outreach efforts, electronic or telephonic communication, or other appropriate means regarding causes associated with prematurity, birth defects, or health risks to a post-term infant;''; and (2) in subsection (c), by striking ``2007 through 2011'' and inserting ``2014 through 2018''. SEC. 4. OTHER ACTIVITIES. (a) Interagency Coordinating Council on Prematurity and Low Birthweight.--The Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act is amended by striking section 5 (42 U.S.C. 247b-4g). (b) Advisory Committee on Infant Mortality.-- (1) Establishment.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') may establish an advisory committee known as the ``Advisory Committee on Infant Mortality'' (referred to in this section as the ``Advisory Committee''). (2) Duties.--The Advisory Committee shall provide advice and recommendations to the Secretary concerning the following activities: (A) Programs of the Department of Health and Human Services that are directed at reducing infant mortality and improving the health status of pregnant women and infants. (B) Strategies to coordinate the various Federal programs and activities with State, local, and private programs and efforts that address factors that affect infant mortality. (C) Implementation of the Healthy Start program under section 330H of the Public Health Service Act (42 U.S.C. 254c-8) and Healthy People 2020 infant mortality objectives. (D) Strategies to reduce preterm birth rates through research, programs, and education. (3) Plan for hhs preterm birth activities.--Not later than 1 year after the date of enactment of this section, the Advisory Committee (or an advisory committee in existence as of the date of the enactment of this Act and designated by the Secretary) shall develop a plan for conducting and supporting research, education, and programs on preterm birth through the Department of Health and Human Services and shall periodically review and revise the plan, as appropriate. The plan shall-- (A) examine research and educational activities that receive Federal funding in order to enable the plan to provide informed recommendations to reduce preterm birth and address racial and ethnic disparities in preterm birth rates; (B) identify research gaps and opportunities to implement evidence-based strategies to reduce preterm birth rates among the programs and activities of the Department of Health and Human Services regarding preterm birth, including opportunities to minimize duplication; and (C) reflect input from a broad range of scientists, patients, and advocacy groups, as appropriate. (4) Membership.--The Secretary shall ensure that the membership of the Advisory Committee includes the following: (A) Representatives provided for in the original charter of the Advisory Committee. (B) A representative of the National Center for Health Statistics. (c) Patient Safety Studies and Report.-- (1) In general.--The Secretary shall designate an appropriate agency within the Department of Health and Human Services to coordinate existing studies on hospital readmissions of preterm infants. (2) Report to secretary and congress.--Not later than 1 year after the date of the enactment of this Act, the agency designated under paragraph (1) shall submit to the Secretary and to Congress a report containing the findings and recommendations resulting from the studies coordinated under such paragraph, including recommendations for hospital discharge and followup procedures designed to reduce rates of preventable hospital readmissions for preterm infants.

Prematurity Research Expansion and Education for Mothers who deliver Infants Early Reauthorization Act or PREEMIE Reauthorization Act - Amends the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act to revise and reauthorize requirements for research on prematurity and preterm births. Requires the Director of the Office for the Advancement of Telehealth to give preference in awarding grants to an eligible entity that proposes to use the grant funds to develop plans for, or to establish, telehealth networks that provide prenatal care for high-risk pregnancies. Revises and reauthorizes through FY2017 the authority of the Secretary of Health and Human Services (HHS) to conduct demonstration projects related to preterm births. Repeals establishment of the Interagency Coordinating Council on Prematurity and Low Birthweight. Authorizes the Secretary to establish the Advisory Committee on Infant Mortality. Directs the Advisory Committee (or an existing advisory committee designated by the Secretary) to develop, and periodically review and revise, a plan for conducting and supporting research, education, and programs on preterm birth through HHS. Requires the Secretary to designate an appropriate agency within HHS to coordinate existing studies and report to the Secretary and Congress on hospital readmissions of preterm infants.

PREEMIE Reauthorization Act

SECTION 1. NATIONAL COMMISSION ON AMERICAN INDIAN TRUST HOLDINGS. (a) Findings.--Congress finds that-- (1) the United States has entered into treaties with Indian tribes under which the United States made various commitments to Indian tribes and Indian people; (2) the United States functions, by treaty and statute, as a trustee for Indian tribes and individual Indians; (3) the United States has a fiduciary obligation to Indian tribes and Indian people and, in accordance with that obligation, must use the highest standard of care to protect the assets of Indian tribes and individual Indians; (4) the United States has failed Indian tribes and individual Indians and abridged its treaty and other obligations relating to the handling of trust fund management and historical accounting; (5) mismanagement of Indian trust assets by the United States is a longstanding problem that spans many administrations; (6) the complexity and longevity of that mismanagement neither mitigates the injustice visited on Indian tribes and the 300,000 individual Native Americans whose accounts have been shortchanged nor absolves the United States of its responsibility to correct the situation in a timely manner; (7) in 1996 a civil action, Cobell v. Norton, Civ. No. 96- 1285 (RCL), was brought in the United States District Court for the District of Columbia to attempt to obtain an order compelling the United States to account for the trust funds managed by the United States on behalf of individual Indians and take all necessary action to bring the United States into compliance with its fiduciary duties; (8) those funds are generated from Indian trust land royalties resulting from leases of that land to oil, agricultural, timber, mining, and other interests; (9) on April 5, 2004, Mr. Alan L. Balaran, the Special Master in the Cobell case, tendered his resignation to the Honorable Royce C. Lamberth; (10) in his letter of resignation, Mr. Balaran stated that-- (A) there is evidence that energy companies, assisted by the Department of the Interior, routinely pay individual Indians much less than they pay non- Indians for oil and gas pipeline easements; (B) the Special Master had uncovered evidence that the Department fails to diligently monitor oil and gas leasing activities on Indian land; and (C) there is evidence that the Department has been putting the interests of private energy companies ahead of the interests of individual Indian beneficiaries, notwithstanding their fiduciary obligation to Indian tribes and Indian beneficiaries; and (11) the Great Plains, Rocky Mountain, and other regions of the United States are rich in other trust assets such as timber, agriculture, mining, and other resources. (b) Definitions.--In this section: (1) Balaran letter.--The term ``Balaran letter'' means the letter dated April 5, 2004, from Special Master Alan L. Balaran to the Honorable Royce C. Lamberth. (2) Commission.--The term ``Commission'' means the National Commission on American Indian Trust Holdings established by subsection (c). (3) Department.--The term ``Department'' means the Department of the Interior. (c) Establishment of Commission.--There is established the National Commission on American Indian Trust Holdings. (d) Membership.-- (1) In general.--The Commission shall be composed of 10 members, of whom-- (A) 2 shall be appointed by the President, 1 of whom the President shall designate as Chairperson of the Commission; (B) 2 shall be appointed by the majority leader of the Senate; (C) 2 shall be appointed by the minority leader of the Senate; (D) 2 shall be appointed by the Speaker of the House of Representatives; and (E) 2 shall be appointed by the minority leader of the House of Representatives. (2) Qualifications; initial meeting.-- (A) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (B) Other qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as land and resource management. (3) Deadline for appointment.--All members of the Commission shall be appointed not later than 60 days after the date of enactment of this Act. (4) Quorum.--Six members of the Commission shall constitute a quorum. (5) Vacancies.--Any vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner in which the original appointment was made. (e) Duties.-- (1) In general.--The Commission shall-- (A) fully examine the allegations made in the Balaran letter; (B) fully examine whether grazing, leasing, and other trust asset interests have been managed equitably and in a manner consistent with Federal trust law (including regulations); (C) fully examine such other alleged breaches of the fiduciary responsibility owed by the United States to Indian tribes and individual Indians that come to the Commission's attention as the Commission considers appropriate; (D) build on the investigations of other entities, and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of earlier studies of the management by the Department of Indian trust assets and trust funds; and (E) not later than 1 year after the date as of which all members of the Commission have been appointed, submit to the President and Congress a report that states the findings of the Commission and makes recommendations for corrective measures that can be taken to-- (i) recoup any losses suffered by Indian tribes or individual Indians as a result of breaches of fiduciary duty by the Department; or (ii) prevent any breaches of fiduciary duty in the future. (2) Relationship to previous studies.--When investigating facts and circumstances relating to the management of Indian trust assets and trust funds, the Commission shall-- (A) first review the information compiled by, and the findings, conclusions, and recommendations that resulted from, previous studies (including congressional investigations); and (B) after that review, pursue any appropriate area of inquiry if the Commission determines that-- (i) earlier studies had not investigated that area; (ii) the earlier investigation of that area had not been complete; or (iii) new information not reviewed in the earlier studies had become available with respect to that area. (3) Followup review.--At least once every 2 years after the date on which the Commission submits the report under paragraph (1), the Commission shall-- (A) reconvene to examine the effectiveness of any actions taken in response to the report in achieving the goals described in clauses (i) and (ii) of paragraph (1)(D); and (B) submit to the President and Congress a report that describes the findings of the Commission and makes any further recommendations as the Commission considers appropriate. (f) Powers of Commission.-- (1) In general.-- (A) Hearings and evidence.--The Commission may-- (i) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers advisable to carry out this section; and (ii) subject to subparagraph (B)(i), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (B) Subpoenas.-- (i) Issuance.-- (I) In general.--A subpoena may be issued under this subsection only-- (aa) by the agreement of the Chairperson; or (bb) by the affirmative vote of 6 members of the Commission. (II) Signature.--Subject to subclause (I), subpoenas issued under this subsection may be issued under the signature of the Chairperson or any member designated by a majority of the Commission, and may be served by any person designated by the Chairperson or by a member designated by a majority of the Commission. (ii) Enforcement.-- (I) In general.--In the case of contumacy or failure to obey a subpoena issued under subparagraph (A), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (II) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes (2 U.S.C. 192 through 194). (2) Contracting.--The Commission may, to such extent and in such amounts as are provided in Acts of appropriation, enter into contracts to enable the Commission to discharge the duties of the Commission. (3) Information from federal agencies.-- (A) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this section. (B) Provision of information.--On request of the Chairperson of the Commission, the head of the agency shall provide the information to the Commission. (4) Assistance from the secretary of the interior.--The Secretary of the Interior shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the functions of the Commission. (5) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the United States. (g) Personnel Matters.-- (1) Compensation of members.--A 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 the member is engaged in the performance of the duties of the Commission. (2) Travel expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (3) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (B) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (C) Compensation.-- (i) In general.--Except as provided in clause (ii), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (ii) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (4) Detail of federal government employees.-- (A) In general.--An employee of the Federal Government may be detailed to the Commission without reimbursement. (B) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (h) No Effect on Cobell Case.--Nothing in this section limits the findings, remedies, jurisdiction, authority, or discretion of the court in the civil action Cobell v. Norton, Civ. No. 96-1285 (RCL) (D.D.C.). (i) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. (j) Termination of Commission.--The Commission shall terminate on the date that is 10 years after the date on which the Commission submits the report of the Commission under subsection (e)(1)(D).

Establishes the National Commission on American Indian Trust Holdings to fully examine: (1) the allegations made in the letter dated April 5, 2004, from Special Master Alan L. Balaran to the Honorable Royce C. Lamberth; (2) whether grazing, leasing, and other trust asset interests have been managed equitably and in a manner consistent with Federal trust law (including regulations); and (3) such other alleged breaches of the fiduciary responsibility owed by the United States to Indian tribes and individual Indians that come to the Commission's attention. Requires the Commission to: (1) build on the investigations of other entities, and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of earlier studies of the management by the Department of Interior of Indian trust assets and trust funds; and (2) report to the President and Congress its findings and recommendations for corrective measures that can be taken to recoup any losses suffered by Indian tribes or individual Indians as a result of breaches of fiduciary duty by the Department or to prevent any breaches of fiduciary duty in the future.

A bill to establish a National Commission on American Indian Trust Holdings.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Menu Education and Labeling Act''. (b) References.--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 Federal Food, Drug, and Cosmetic Act. SEC. 2. FINDINGS. The Congress finds as follows: (1) Research continues to reveal the strong link between diet and health, and that diet-related diseases start early in life. (2) Increased caloric intake is a key factor contributing to the alarming increase in obesity in the United States. According to the Centers for Disease Control and Prevention, two-thirds of American adults are overweight or obese, and the rates of obesity have doubled in children and tripled in teens since 1980. Obesity increases the risk of diabetes, heart disease, stroke, and other health problems. Each year obesity costs families, businesses, and governments $117 billion. (3) Excess saturated fat intake is a major risk factor for heart disease, which is the leading cause of death in the United States. While it is often thought to primarily affect men and older people, cardiovascular disease is the leading killer of women and kills 61,000 people between the ages of 45 and 64 each year. Heart disease is also a leading cause of disability among working adults and its impact on the U.S. economy is significant, estimated in 2001 to total $298 billion in health care expenditures and lost productivity. (4) Increased sodium intake is associated with increased risk of high blood pressure, or hypertension, a condition that can lead to cardiovascular disease, especially stroke. The proportion of Americans with high blood pressure is 45 percent at age 50, 60 percent at age 60, and over 70 percent at age 70. (5) Over the past two decades, there has been a significant increase in the number of meals prepared and/or eaten outside the home, with an estimated one-third of calories and almost half (46 percent) of total food dollars being spent on food purchased from and/or eaten at restaurants and other food- service establishments. (6) While nutrition labeling is currently required on most processed foods, such information is required only for restaurant foods for which nutrient content or health claims are made. (7) Three-quarters of American adults report using food labels on packaged foods, which are required by the Nutrition Labeling and Education Act of 1990. Using food labels is associated with eating more healthful diets, and approximately half (48 percent) of people report that the nutrition information on food labels has caused them to change their minds about buying a food product. (8) It is difficult for consumers to limit their intake of calories at restaurants, given the limited availability of nutrition information, as well as the popular practice by many restaurants of providing foods in larger-than-standard servings and ``super-sized'' portions. Studies show that people eat greater quantities of food when they are served more. SEC. 3. NUTRITION LABELING OF RESTAURANT FOODS. (a) Nutrition Labeling for Foods Eaten in Restaurants and Similar Retail Food Establishments.--Section 403(q)(5)(A)(i) (21 U.S.C. 343(q)(5)(A)(i)) is amended by adding at the end the following: ``except that food, beverages, and meals served in restaurants and similar retail food establishments that are part of a chain with 20 or more outlets doing business under the same trade name, regardless of the type of ownership of the restaurant locations, shall list, adjacent to each food item listed, on menus, menu boards, and other signs, the total number of calories, grams of saturated plus trans fat, and milligrams of sodium per menu item, as offered for sale, in a clear and conspicuous manner,''. (b) Nutrition Labeling for Foods Prepared in Restaurants and Similar Retail Food Establishments but Not for Immediate Consumption.-- Section 403(q)(5)(A)(ii) (21 U.S.C. 343(q)(5)(A)(ii)) is amended by adding at the end the following: ``except that such food, beverages, and meals when it is processed and prepared primarily in a retail establishment that is part of a chain with 20 or more outlets doing business under the same trade name, regardless of the type of ownership of the restaurant locations, shall list, adjacent to each food item listed, on menus, menu boards, and other signs, the total number of calories, grams of saturated plus trans fat, and milligrams of sodium per menu item, as offered for sale, in a clear and conspicuous manner,''. (c) Vending Machines; Restaurant Menu Boards.--Section 403(q)(5)(A) (21 U.S.C. 343(q)(5)(A)) is amended by adding after and below subclause (v) the following: ``For purposes of the exceptions described in subclauses (i) and (ii), nutrition labeling may be limited to the total number of calories for foods, beverages and meals offered for sale in vending machines and posted in restaurants on menu boards.''. (d) Regulations.-- (1) In general.--The Secretary of Health and Human Services shall issue proposed regulations to implement the amendments made by this section within 12 months after the date of the enactment of this Act. Such regulations shall require the required information to be conveyed to the public in a manner that enables the public to understand its relative significance in the context of a total daily diet. Not later than 24 months after the date of the enactment of this Act, the Secretary shall issue final regulations to implement the requirements of such subsection. (2) Failure to promulgate final regulations by required date.--If the Secretary of Health and Human Services does not promulgate final regulations under paragraph (1) upon the expiration of 24 months after the date of the enactment of this Act, the proposed regulations issued in accordance with paragraph (1) shall be considered as the final regulations upon the expiration of such 24 months. There shall be promptly published in the Federal Register notice of the new status of the proposed regulations. SEC. 4. VOLUNTARY PROVISION OF NUTRITION INFORMATION; STATE REGULATION OF NUTRITION INFORMATION FOR RESTAURANT FOOD. (a) Retail Food Establishments.--Nothing in this Act precludes restaurants and similar retail food establishments from providing additional nutrition information, voluntarily, provided that such information complies with the nutrition labeling requirements contained in section 403(q)(1) of the Federal Food, Drug, and Cosmetic Act. (b) State or Local Requirements.--Nothing in this Act precludes any State or political subdivision of a State from requiring that restaurants and similar food establishments provide additional nutrition information beyond the requirements of this Act.

Menu Education and Labeling Act - Amends the Federal Food, Drug, and Cosmetic Act to require restaurants that are part of a chain of at least 20 outlets doing business under the same trade name to provide the total number of calories, grams of saturated fat plus trans fat, and milligrams of sodium adjacent to any item on menus in a clear and conspicuous manner. Requires vending machines and restaurant menu boards to display the total number of calories of each item. Requires the Secretary of Health and Human Services to propose implementing regulations within 12 months of the enactment of this Act. Permits restaurants to provide additional nutritional information. Allows States and local governments to require additional nutritional information.

To amend the Federal Food, Drug, and Cosmetic Act to ensure that consumers receive information about the nutritional content of restaurant foods.

SECTION 1. VIETNAM VETERANS ALLOTMENT. The Alaskan Native Claims Settlement Act (43 U.S.C. 1600, et seq.) is amended by adding at the end the following: ``open season for certain native alaskan veterans for allotments ``Sec. 41. (a) In General.--(1) During the one-year period beginning on the date of enactment of this section, an individual described in subsection (b) is eligible for an allotment of not more than 160 acres of land under the Act of May 17, 1906 (chapter 2469; 34 Stat. 197), as such Act was in effect before December 18, 1971. ``(2) Allotments selected under this section shall not be from existing native or non-native campsites. ``(3) The Secretary shall prescribe such rules as may be necessary to carry out this section. ``(b) Eligible Individuals.--(1) An individual is eligible under subsection (a) if the individual would have been eligible under the Act of May 17, 1906 (chapter 2469; 34 Stat. 197), as such Act was in effect before December 18, 1971, and the individual is a veteran of the Vietnam era. ``(2) For purposes of this section, in the case of an individual described in paragraph (1) who is deceased, the heirs of the individual shall be treated as the individual described in paragraph (1). ``(c) Conveyance Deadline.--The Secretary of the Interior shall complete land conveyances pursuant to this section not later than one year after the end of the period referred to in subsection (a). ``(d) Definitions.--For the purposes of this section, the terms `veteran' and `Vietnam era' have the meaning given such terms by paragraphs (2) and (29), respectively, of section 101 of title 38, United States Code.''. SEC. 2. ELIM NATIVE CORPORATION LAND RESTORATION. The Alaskan Native Claims Settlement Act (43 U.S.C. 1600, et seq.), as amended by section 1 of this Act, is further amended by adding at the end the following: ``elim native corporation land restoration ``Sec. 42. (a) Withdrawal and Availability for Selection.--The lands described in subsection (b) are withdrawn from disposition under the public land laws, entry or appropriation under the mining laws of the United States, and the operation of the mineral leasing laws of the United States, subject to valid existing rights, for a period of one year from the date of enactment of this section, for selection by the Elim Native Corporation under this section. ``(b) Lands Described.--The lands described in this section are within the boundary of the parcel of land in the vicinity of Elim, Alaska, at approximately latitude 64 50 N. longitude 162 00 W, more particularly described as follows: ``Beginning at the point of intersection of line 3-4, U.S. Survey No. 2548 with the protracted West Boundary of T8S, R18W KRM, Alaska; ``Thence North, along the west boundary of the aforementioned township, approximately 4\1/2\ miles to the protracted position for the corner of sections 1, 6, 7, and 12; ``Thence Northeasterly, parallel with line 4-3 of U.S. Survey No. 2548, approximately 20\1/2\ miles, to a point; ``Thence East approximately 6 miles to corner No. 3 U.S. Survey No. 2548; ``Thence Southwesterly along lines 3-4, U.S. Survey 2548 approximately 27\1/2\ miles to the point of beginning. ``(c) Authorization To Select Lands; Reservation of Easement.--The Elim Native Corporation is authorized to select 50,000 acres of lands within the boundary of the lands described in subsection (b) to satisfy its land entitlements under section 19(b). The Secretary is authorized to receive, adjudicate, and convey the lands to the Elim Native Corporation subject to-- ``(1) valid existing rights; and ``(2) an easement reserved to the United States for the benefit of the public. An easement in the lands shall be reserved to the Iditarod National Historic Trail. ``(d) Withdrawal and Selection of Additional Lands.--The Secretary is authorized to withdraw, and Elim Native Corporation is authorized to select, not later than 18 months after the date of the enactment of this section additional lands adjacent to the lands withdrawn by subsection (a) to fulfill Elim Native Corporation's land entitlements equal to the total acreage of the Norton Bay Reservation as withdrawn by Executive Order No. 2508, dated January 3, 1917. ``(e) Finality of Selections.--Selection by the Elm Native Corporation of lands under subsection (c) or (d) shall constitute full satisfaction of any claim or entitlement of the Elim Native Corporation-- ``(1) with respect to subsection (c), to its land entitlements under section 19(b), and ``(2) with respect to subsection (d), to the extinguishment of the Norton Bay Reservation (as withdrawn by Executive Order No. 2508, dated January 3, 1917).''.

Amends the Alaska Native Claims Settlement Act (ANCSA) to make certain Native Alaskans who are Vietnam veterans eligible, for up to one year after the enactment of this Act, for up to 160 acres apiece of nonmineral Alaskan land. Withdraws certain Alaska lands from disposition under the public land laws, entry or appropriation under the mining laws, and the operation of U.S. mineral leasing, subject to valid existing rights, for a one-year period, for selection by the Elim Native Corporation. Authorizes: (1) such Corporation to select 50,000 acres of such lands to satisfy its land entitlements under ANCSA; (2) the Secretary of the Interior to receive, adjudicate, and convey such lands to the Corporation, subject to valid existing rights and an easement reserved to the United States for the benefit of the public; and (3) the Secretary to withdraw, and the Corporation to select, certain additional adjacent lands withdrawn to fulfill the Corporation's land entitlements equal to the total acreage of the Norton Bay Reservation as withdrawn by executive order. Constitutes the Corporation's selection of such lands as full satisfaction of all Corporation claims under ANCSA and the extinguishment of the Norton Bay Reservation.

To amend the Alaskan Native Claims Settlement Act to provide for selection of lands by certain veterans of the Vietnam era and by the Elim Native Corporation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gasoline Access and Stabilization Act of 2001''. SEC. 2. NATIONAL REQUIREMENT FOR REFORMULATED AND OXYGENATED GASOLINE. (a) Reformulated Gasoline.--(1) Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding the following new subsection at the end thereof: ``(p) Phase III Uniform Formula for Reformulated and Oxygenated Gasoline.-- ``(1) National formula.--After notice and opportunity for hearing, the Administrator shall promulgate regulations for reformulated gasoline and oxygenated gasoline sold for use in all States. The regulations shall require such gasoline to comply with a national formula promulgated by the Administrator that meets the requirements of both subsections (k) and (m). The regulations shall prohibit any manufacturer of reformulated gasoline or oxygenated gasoline from selling, offering for sale, or introducing into commerce in any State any gasoline for purposes of compliance with the requirements of subsection (k) or (m) unless the gasoline complies with such national formula. ``(2) Oxygenate requirement.--The formula under paragraph (1) shall include provisions regarding the oxygen content of such gasoline which shall require that a single type of oxygenate be used. Such formula shall insure that the oxygen content shall equal or exceed the following: ``(A) Winter oxygen levels.--2.7 percent by weight (subject to a testing tolerance established by the Administrator) in portions of the year in which any area referred to in subsection (m) is prone to high ambient concentrations of carbon monoxide. ``(B) Summer oxygenate levels.--2.0 percent by weight (subject to a testing tolerance established by the Administrator) in portions of the year in which any area referred to in subsection (m) is not prone to high ambient concentrations of carbon monoxide. ``(3) Factors to be considered.--In establishing the national formula under this subsection, the Administrator shall take into account the toxicity of various alternatives, the effects of various fuel additives on water quality, crude oil supply, and such other factors as the Administrator determines appropriate. ``(4) Alternative.--The reformulated gasoline approved by the Administrator for a State referred to in subsection (c)(4)(B) shall be treated, for any State, as satisfying the requirements of this subsection. ``(4) State opt-in to national reformulated gas program or California reformulated gas program.--The Governor of any State may elect to have any area within the State, or the entire State, be treated as a covered area for purposes of subsection (k) by notifying the Administrator of such State's election. An election provided for in this subsection shall not be subject to any of the requirements or limitations set forth in paragraph (6) of subsection (k). Such election shall take effect at such time as the State determines in its notice to the Administrator. ``(5) Effective date.--The regulations promulgated under paragraph (1) of this subsection shall take effect with respect to all reformulated gasoline and oxygenated gasoline sold, offered for sale, or introduced into commerce after the date 4 years after the promulgation of such regulations.''. (2) The Administrator shall commence a rulemaking proceeding under this section 211(p) of the Clean Air Act (as added by paragraph (1) of this subsection) promptly after the enactment of this Act. (b) Other State and Local Variations in Gasoline Prohibited.--(1) Subparagraph (C) of subsection (c)(4) of such Act is amended by adding the following at the end thereof: ``This subparagraph shall not apply to any gasoline (including reformulated gasoline or oxygenated gasoline) offered for sale, or introduced into commerce after December 31, 2004, and after such date, no State, or political subdivision thereof, (other than the State of California pursuant to subsection (c)(4)(B) or another State exercising the right to opt in to California's reformulated gas standards pursuant to subsection (p)(4)) may prescribe or attempt to enforce any control or prohibition regarding the characteristics or components (including the chemical composition or emission characteristics) of gasoline, or any additive to gasoline, that is not identical to such regulations.''. (2) Section 211(c)(4)(A) of such Act is amended by inserting after ``for purposes of motor vehicle emission control'' the phrase ``or for any other purpose''. (3) Not later than 9 months prior to the effective date of regulations under subsection (p) of section 211 of the Clean Air Act, the Administrator of the Environmental Protection Agency shall notify each State for which an amendment of the applicable implementation plan under the Clean Air Act will be necessary by reason of the amendment made by this subsection and shall require that each such State submit such revision to the Administrator under section 110 of this Act within 3 months after receiving such notification. SEC. 2. ELIMINATION OF SULFUR REDUCTION PHASE-IN REQUIREMENT. (a) Amendment.--Section 211(i) of the Clean Air Act (42 U.S.C. 7545(i)) is amended by adding the following at the end thereof: ``(5) Effective September 1, 2006, no person shall manufacture, sell, supply, or offer for sale or supply, dispense, transport, or introduce into commerce motor vehicle diesel fuel which contains a concentration of sulfur in excess of 15 ppm or which fails to meet a cetane minimum index of 40 and a maximum aromatic content of 35 volume percent.''. (b) Regulations.--Not later than 12 months after enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate regulations to implement and enforce the requirements of paragraph (5) of section 211(i) of the Clean Air Act, as added by this Act.

Gasoline Access and Stabilization Act of 2001 - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations for reformulated and oxygenated gasoline sold for use in all States that: (1) require such gasoline to comply with a national formula; and (2) prohibit the sale in any State of any such gasoline that does not comply with the formula. Allows reformulated gasoline approved by the Administrator for a State for which a waiver is in effect (allowing application of State emissions control standards) to satisfy this Act's requirements.Allows a State Governor to elect to have an area within the State, or the entire State, treated as a covered area for purposes of reformulated gasoline requirements, without regard to existing opt-in requirements.Prohibits States and localities, after December 31, 2004 (other than the State of California pursuant to a waiver or another State opting-in to California's reformulated gasoline standards pursuant to this Act), from prescribing or enforcing a control of any characteristic of a gasoline or additive that is not identical to EPA regulations.Prohibits, after September 1, 2006, the manufacture or introduction into commerce of motor vehicle diesel fuel that contains a concentration of sulfur exceeding 15 parts per million or fails to meet a cetane minimum index of 40 and a maximum aromatic content of 35 volume percent.

To amend section 211 of the Clean Air Act to require a more uniform formula for gasoline and diesel fuel so that gasoline and diesel fuel manufactured for one region of the country may be transported to and sold in other regions of the country, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``2005 BRAC Selection Criteria Act''. SEC. 2. SPECIFICATION OF 2005 BRAC FINAL SELECTION CRITERIA. (a) Findings.--Congress finds the following: (1) Title XXX of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1342) amended the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) to authorize the Secretary of Defense to conduct a round of base realignments and closures in 2005. (2) In section 2822 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1726), approved November 24, 2003, Congress required the Secretary of Defense to assess the probable threats to national security and determine the potential, prudent, surge requirements for the Armed Forces and military installations to meet those threats. Such section specifically requires the Secretary of Defense to use the determination of surge requirements in exercising the authority of the Secretary to conduct the 2005 round of base realignments and closures. (3) Section 2913 of the Defense Base Closure and Realignment Act of 1990, as added by title XXX of the National Defense Authorization Act for Fiscal Year 2002, specified the process by which the Secretary of Defense was to prepare the criteria to be used by the Secretary in making recommendations for the 2005 round of base realignments and closures and listed certain requirements the Secretary had to comply with as part of the process, including the advance publication of the proposed criteria and the solicitation and consideration of public comments. (4) In subsection (e) of such section, Congress required the Secretary of Defense to publish in the Federal Register and transmit to Congress not later than February 16, 2004, the final criteria intended to be used by the Secretary in making recommendations for the 2005 round of base realignments and closures. Pursuant to such subsection, the Secretary of Defense published the final selection criteria in the Federal Register on February 12, 2004 (69 Fed. Reg. 6948). (5) In addition to specifically reserving its right to disapprove the final selection criteria, Congress may modify or otherwise amend the criteria by Act of Congress. (b) Congressional Specification of Final BRAC Selection Criteria.-- Section 2913 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as added by section 3002 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1344), is amended to read as follows: ``SEC. 2913. FINAL SELECTION CRITERIA FOR 2005 ROUND. ``(a) Final Selection Criteria.--The final criteria to be used by the Secretary in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005 are as follows: ``(1) The current and future mission requirements and the impact on operational readiness of the total force of the Department of Defense, including the impact on joint warfighting, training, readiness, and research, development, test, and evaluation of weapons systems and equipment. ``(2) The availability and condition of land, facilities, infrastructure, and associated air and water space (including preservation of training areas suitable for maneuver by ground, naval, or air forces throughout a diversity of climate and terrain areas, the preservation of testing ranges able to accommodate current or future military weapons systems and equipment, and the preservation of staging areas for the use of the Armed Forces in homeland defense missions) at both existing and potential receiving locations. ``(3) The ability to accommodate contingency, mobilization, and future total force requirements at both existing and potential receiving locations to support operations, training, maintenance, and repair. ``(4) Preservation of land, air, and water space, facilities, and infrastructure necessary to support training and operations of military forces determined to be surge requirements by the Secretary of Defense, as required by section 2822 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1726). ``(5) The extent and timing of potential costs and savings of base realignment and closure actions on the entire Federal budget, as well as the Department of Defense, including the number of years, beginning with the date of completion of the closure or realignment, for the savings to exceed the costs. Costs shall include those costs related to potential environmental restoration, waste management, and environmental compliance activities. ``(6) The economic impact on existing communities in the vicinity of military installations. ``(7) The ability of the infrastructure of both existing and potential receiving communities to support forces, missions, and personnel, including quality of living standards for members of the Armed Forces and their dependents. ``(8) The environmental impact on receiving locations. ``(b) Priority Given to Military Value.--In recommending military installations for closure or realignment, the Secretary shall give priority consideration to the first four criteria specified in subsection (a). ``(c) Relation to Other 2005 Round Materials.--The final selection criteria specified in subsection (a) shall be the only criteria to be used, along with the force-structure plan and infrastructure inventory referred to in section 2912, in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005. ``(d) Relation to Criteria for Earlier Rounds.--Section 2903(b), and the selection criteria prepared under such section, shall not apply with respect to the process of making recommendations for the closure or realignment of military installations in 2005.''. (c) Conforming Amendments.--The Defense Base Closure and Realignment Act of 1990 is amended-- (1) in section 2912(c)(1)(A), by striking ``criteria prepared under section 2913'' and inserting ``criteria specified in section 2913''; and (2) in section 2914(a), by striking ``criteria prepared by the Secretary under section 2913'' and inserting ``criteria specified in section 2913''.

2005 BRAC Selection Criteria Act - Amends the Defense Base Closure and Realignment Act of 1990 to add the following to the final criteria to be used by the Secretary of Defense in making recommendations in 2005 for the closure or realignment of military installations inside the United States: (1) the current and future mission requirements and the impact on operational readiness of the total force of the Department of Defense; (2) the availability and condition of land, facilities, infrastructure, and associated air and water space at both existing and potential receiving locations; (3) the ability to accommodate contingency, mobilization, and future total force requirements at both existing and potential receiving locations to support operations, training, maintenance, and repair; and (4) preservation of land, air, and water space, facilities, and infrastructure necessary to support training and operations of military forces determined by the Secretary to be surge (manpower) requirements. Requires the added criteria to be given priority in recommending installations for closure or realignment.

To amend the Defense Base Closure and Realignment Act of 1990 to specify the criteria to be used by the Secretary of Defense in making recommendations in 2005 for the closure or realignment of military installations inside the United States under such Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Morris K. Udall Parkinson's Research, Education, and Assistance Act of 1994''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Parkinson's disease and related disorders (hereafter referred to in this Act as ``Parkinson's'') is a neurological disorder affecting as many as 1,500,000 Americans. (2) Approximately 40 percent of persons with Parkinson's are under the age of 60. (3) While science has yet to determine what causes the disease, research has found that cells that produce a neurochemical called dopamine inexplicably degenerate, causing uncontrollable tremors, muscle stiffness, and loss of motor function. (4) Eventually, Parkinson's renders its victims incapable of caring for themselves. In addition to causing disability and suffering for its victims, Parkinson's places tremendous and prolonged physical, emotional, and financial strain on family and loved ones. (5) It is estimated that the disease costs society nearly $6,000,000,000 annually. (6) To date, the federally funded research effort has been grossly underfunded. Only $30,000,000 is allocated specifically for research on Parkinson's, or only about one dollar for every $200 in annual societal costs. (7) In order to take full advantage of the tremendous potential for finding a cure or effective treatment, the Federal investment in Parkinson's must be expanded, as well as the coordination strengthened among the National Institutes of Health research institutes. (b) Purpose.--It is the purpose of this Act to provide for the expansion and coordination of research concerning Parkinson's, and to improve care and assistance for its victims and their family caregivers. SEC. 3. BIOMEDICAL RESEARCH ON PARKINSON'S DISEASE. Part E of title IV of the Public Health Service Act (42 U.S.C. 287 et seq.) is amended by adding at the end thereof the following new subpart: ``Subpart 4--Parkinson's Disease Research ``SEC. 485G. PARKINSON'S DISEASE RESEARCH. ``(a) Expansion of Biomedical Research.-- ``(1) Coordination council.--The Director of the National Institutes of Health shall establish a council to coordinate Parkinson's research activities. Members of the council shall include the Director of the National Institutes of Health, the Director of the National Institute of Neurological Disorders and Stroke, the Director of the National Institute on Aging, the Director of the National Institute of Environmental Health Sciences, patient advocates, and representatives of other departments and agencies conducting or supporting research on Parkinson's. ``(2) National consensus conference.--The council established under paragraph (1) shall convene a National Consensus Conference on Parkinson's Disease and Related Neuro- degenerative Disorders to aid in the development of a broad- based strategy for identifying the cause of and treating such disorders. ``(3) Research agenda.--Not later than 180 days after the date of enactment of this section, and annually thereafter, the Secretary, in consultation with the council established under paragraph (1), shall develop and submit to the Energy and Commerce Committee and the Appropriations Committee of the House of Representatives and the Labor and Human Resources Committee and the Appropriations Committee of the Senate, a coordinated research agenda. ``(4) Research centers.--The Secretary shall provide for the establishment of 10 Parkinson's Research Centers. Such centers shall-- ``(A) conduct research into the cause, prevention, treatment, and management of Parkinson's; ``(B) disseminate clinical information concerning Parkinson's and provide patient care services; ``(C) provide training for health care personnel concerning Parkinson's; ``(D) coordinate research with other such Centers and related public and private research institutions; ``(E) develop and maintain, where appropriate, a tissue bank to collect specimens related to the research and treatment of Parkinson's; and ``(F) enhance community awareness concerning Parkinson's and promote the involvement of advocate groups. ``(b) Morris K. Udall Feasibility Study Grants.--The Secretary may award feasibility study grants under this section to support the development of preliminary data sufficient to provide the basis for the submission of applications for independent research support grants or establishment of a Center under this section. ``(c) Morris K. Udall Leadership and Excellence Awards.--The Secretary shall establish a grant program to support scientists who have distinguished themselves in the field of Parkinson's research. Grants under this subsection shall be utilized to enable established investigators to devote greater time and resources in laboratories to conduct research on Parkinson's and to encourage the development of a new generation of investigators, with the support and guidance of the most productive and innovative senior researchers. ``(d) Patient and Family Registries.--The Secretary shall establish a registry for screening and collecting patient and family data that may be useful in determining incidence and possible risk factors concerning Parkinson's. ``(e) Morris K. Udall Health Professions Training Grants.--The Secretary may award grants to schools of medicine, nursing, social work, and health services administration, and other appropriate institutions, for the provision of training and continuing education concerning health and long-term care of individuals with Parkinson's. In awarding grants under this subsection the Secretary shall ensure appropriate geographic coverage. ``(f) National Parkinson's Disease Education Program.--The Secretary shall establish a national education program that is designed to foster a national focus on Parkinson's and the care of those with Parkinson's. Activities under such program shall include-- ``(1) the bringing together of public and private organizations to develop better ways to provide care to individuals with Parkinson's, and assist the families of such individuals; ``(2) the provision of technical assistance to public and private organizations that offer support and aid to families caring for individuals with Parkinson's; and ``(3) the establishment of a clearinghouse that will disseminate the most up-to-date research, treatment, and training information to families, health professionals, and the general public concerning Parkinson's. ``(g) Application.--To be eligible to receive a grant or other assistance under this section, an individual or entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(h) Authorization of Appropriations.-- ``(1) In general.--For carrying out the activities described in this section, there are authorized to be appropriated $75,000,000 for fiscal year 1996, $100,000,000 for fiscal year 1997, $200,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000. Of amounts so appropriated, the Secretary shall make available-- ``(A) $10,000,000 for fiscal year 1996, $20,000,000 for fiscal year 1997, $30,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000, for establishing centers under subsection (a)(4); and ``(B) $2,000,000 for fiscal year 1996, $4,000,000 for fiscal year 1997, $6,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000 for carrying out feasibility study grants under subsection (b). ``(2) Leadership and excellence awards.--For carrying out activities under subsection (c), there are authorized to be appropriated $10,000,000 for fiscal year 1996, $15,000,000 for fiscal year 1997, $20,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000. ``(3) Patient and family registries.--For carrying out activities under subsection (d), there are authorized to be appropriated $2,000,000 for each of fiscal years 1996, 1997, and 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000. ``(4) Health professions training programs.--For carrying out activities under subsection (e), there are authorized to be appropriated $2,000,000 for fiscal year 1996, $5,000,000 for fiscal year 1997, $8,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000. ``(5) National Parkinson's Disease Education Program.--For carrying out activities under subsection (f), there are authorized to be appropriated $2,000,000 for fiscal year 1996, $3,000,000 for fiscal year 1997, $4,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000.''.

Morris K. Udall Parkinson's Research, Education, and Assistance Act of 1994 - Amends the Public Health Service Act to require the Director of the National Institutes of Health to establish a council to coordinate Parkinson's research activities. Directs: (1) the council to convene a National Consensus Conference on Parkinson's Disease and Related Neuro-degenerative Disorders to aid in the development of a broad-based strategy for identifying the cause of and treating such disorders; and (2) the Secretary of Health and Human Services to develop and annually submit to specified congressional committees a coordinated research agenda and to provide for the establishment of ten Parkinson's Research Centers. Authorizes the Secretary to: (1) award feasibility study grants to support the development of preliminary data sufficient to provide the basis for the submission of applications for independent research support grants or establishment of a Center; and (2) award grants to appropriate institutions for the provision of training and continuing education concerning health and long-term care of individuals with Parkinson's. Directs the Secretary to establish: (1) a grant program to support scientists who have distinguished themselves in the field of Parkinson's research; (2) a registry for screening and collecting patient and family data that may be useful in determining incidence and possible risk factors concerning Parkinson's; and (3) a national education program designed to foster a national focus on Parkinson's and the care of those with Parkinson's. Sets forth application requirements. Authorizes appropriations.

Morris K. Udall Parkinson's Research, Education, and Assistance Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Regulatory Improvement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Small businesses are frequently the source of new products, methods, and innovations. (2) A vibrant and growing small business sector is critical to creating jobs in a dynamic economy. (3) Regulations designed for application to large-scale entities have been applied uniformly to small businesses and other small entities. (4) Uniform Federal regulatory and reporting requirements in many instances have imposed on small businesses and other small entities disproportionately burdensome demands, including legal, accounting, and consulting costs. (5) Since 1980, Federal agencies have been required to recognize and take account of the differences in the scale and resources of regulated entities but have failed to do so. (6) Alternative regulatory approaches that do not conflict with the stated objectives of the statutes the regulations seek to implement may be available and may minimize the significant economic impact of regulations on small businesses and other small entities. (7) Federal agencies have failed to analyze and uncover less costly alternative regulatory approaches, despite the fact that the chapter 6 of title 5, United States Code (commonly known as the Regulatory Flexibility Act), requires them to do so. (8) Federal agencies continue to interpret chapter 6 of title 5, United States Code, in a manner that permits them to avoid their analytical responsibilities. (9) Significant changes are needed in the methods by which Federal agencies develop and analyze regulations, receive input from affected entities, and develop regulatory alternatives that will lessen the burden or maximize the benefits of final rules to small businesses and other small entities. (10) It is the intention of the Congress to amend chapter 6 of title 5, United States Code, to ensure that all impacts, including foreseeable indirect effects, of proposed and final rules are considered by agencies during the rulemaking process and that the agencies assess a full range of alternatives that will limit adverse economic consequences or enhance economic benefits. (11) Federal agencies should be capable of assessing the impact of proposed and final rules without delaying the regulatory process or impinging on the ability of Federal agencies to fulfill their statutory mandates. SEC. 3. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE REGULATORY FLEXIBILITY ACT. Section 601 of title 5, United States Code, is amended by adding at the end the following new paragraph: ``(9) Economic impact.--The term `economic impact' means, with respect to a proposed or final rule-- ``(A) any direct economic effect on small entities of such rule; and ``(B) any indirect economic effect on small entities which is reasonably foreseeable and results from such rule (without regard to whether small entities will be directly regulated by the rule).''. SEC. 4. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES. (a) Initial Regulatory Flexibility Analysis.--Subsection (b) of section 603 of title 5, United States Code, is amended to read as follows: ``(b) Each initial regulatory flexibility analysis required under this section shall contain a detailed statement describing-- ``(1) the reasons why the action by the agency is being considered; ``(2) the objectives of, and legal basis for, the proposed rule; ``(3) the type of small entities to which the proposed rule will apply; ``(4) the number of small entities to which the proposed rule will apply or why such estimate is not available; ``(5) the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement, the costs, and the type of professional skills necessary to comply with the rule; and ``(6) all relevant Federal rules which may duplicate, overlap, or conflict with the proposed rule, or the reasons why such a description could not be provided.''. (b) Final Regulatory Flexibility Analysis.-- (1) Paragraph (1) of section 604(a) of title 5, United States Code, is amended by striking ``succinct''. (2) Paragraph (3) of such section is amended by striking ``an explanation'' and inserting ``a detailed explanation''. (3) Paragraph (4) of such section is amended to read as follows: ``(4) a description of the projected reporting, recordkeeping, and other compliance requirements of the rule, including an estimate of the classes of small entities which will be subject to the requirement, the costs, and the type of professional skills necessary to comply with the rule; and''. (c) Certification of No Impact.--Subsection (b) of section 605 of title 5, United States Code, is amended by inserting ``detailed'' before ``statement'' both places such term appears. SEC. 5. PERIODIC REVIEW OF RULES. Section 610 of title 5, United States Code, is amended to read as follows: ``Sec. 610. Periodic review of rules ``(a) Not later than 180 days after the enactment of the Small Business Regulatory Improvement Act, each agency shall publish in the Federal Register and place on its website a plan for the periodic review of rules issued by the agency which the head of the agency determines have a significant economic impact on a substantial number of small entities. Such determination shall be made without regard to whether the agency performed an analysis under section 604. The purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize significant economic impacts on a substantial number of small entities. Such plan may be amended by the agency at any time by publishing the revision in the Federal Register and subsequently placing the amended plan on the agency's website. ``(b) The plan shall provide for the review of all such agency rules existing on the date of the enactment of the Small Business Regulatory Improvement Act within 10 years of the date of publication of the plan in the Federal Register and for review of rules adopted after the date of enactment of the Small Business Regulatory Improvement Act within 10 years after the publication of the final rule in the Federal Register. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the head of the agency shall so certify in a statement published in the Federal Register and may extend the review for not longer than 2 years after publication of notice of extension in the Federal Register. Such certification and notice shall be sent to the Chief Counsel for Advocacy and the Congress. ``(c) Each agency shall annually submit a report regarding the results of its review pursuant to such plan to the Congress and, in the case of agencies other than independent regulatory agencies (as defined in section 3502(5) of title 44, United States Code) to the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget. Such report shall include the identification of any rule with respect to which the head of the agency made a determination described in paragraph (5) or (6) of subsection (d) and a detailed explanation of the reasons for such determination. ``(d) In reviewing rules under such plan, the agency shall consider the following factors: ``(1) The continued need for the rule. ``(2) The nature of complaints received by the agency from small entities concerning the rule. ``(3) Comments by the Regulatory Enforcement Ombudsman and the Chief Counsel for Advocacy. ``(4) The complexity of the rule. ``(5) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules and, unless the head of the agency determines it to be infeasible, State and local rules. ``(6) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. ``(e) The agency shall publish in the Federal Register and on its website a list of rules to be reviewed pursuant to such plan. Such publication shall include a brief description of the rule, the reason why the agency determined that it has a significant economic impact on a substantial number of small entities (without regard to whether it had prepared a final regulatory flexibility analysis for the rule), and request comments from the public, the Chief Counsel for Advocacy, and the Regulatory Enforcement Ombudsman concerning the enforcement of the rule.''. SEC. 6. CHANGES TO THE REGULATORY FLEXIBILITY ACT TO COMPORT WITH EXECUTIVE ORDER 13272. (a) Initial Regulatory Flexibility Analysis.--Section 603 of title 5, United States Code, is amended by adding at the end the following: ``(d) An agency shall notify the Chief Counsel for Advocacy of the Small Business Administration of any draft rules that may have a significant economic impact on a substantial number of small entities either-- ``(1) when the agency submits a draft rule to the Office of Information and Regulatory Affairs at the Office of Management and Budget, if submission is required; or ``(2) if no submission to the Office of Information and Regulatory Affairs is so required, at a reasonable time prior to publication of the rule by the agency.''. (b) Final Regulatory Flexibility Analysis.-- (1) Inclusion of response to comments on certification of proposed rule.--Paragraph (2) of section 604(a) of title 5, United States Code, is amended by inserting after ``initial regulatory flexibility analysis'' the following: ``(or certification of the proposed rule under section 605(b))''. (2) Inclusion of response to comments filed by chief counsel for advocacy.--Subsection (a) of section 604 of title 5, United States Code, is amended by redesignating paragraphs (3) through (5) as (4) through (6), respectively, and by inserting after paragraph (2) the following: ``(3) the agency's response to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration in response to the proposed rule, and a detailed statement of any changes made to the proposed rule in the final rule as a result of such comments;''.

Small Business Regulatory Improvement Act - Revises the Regulatory Flexibility Act. Defines the "economic impact" of a rule to include any direct or indirect economic effects on small entities. Requires initial regulatory flexibility analyses of a proposed rule to contain a detailed statement describing the type of small entities to which the proposed rule will apply. Revises provisions requiring the publication by each agency of a plan for the periodic review of its rules that have a significant impact on a substantial number of small entities to determine whether they should be continued, changed, or rescinded, including to: (1) limit to two years the amount of time the period for reviewing an agency's regulations may be extended; and (2) require each agency to report annually on review results to Congress and to the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB). Requires an agency to notify the Chief Counsel for Advocacy of the Small Business Administration of any draft rules that may have a significant economic impact on a substantial number of small entities either: (1) when the agency submits a draft rule to the such Office, if submission is required; or (2) if no submission to the Office is so required, at a reasonable time before publication of the rule by the agency. Requires that final regulatory flexibility analyses include the agency's response to any comments filed on a rule by the Chief Counsel and a detailed statement of any changes made as a result.

To amend chapter 6 of title 5, United States Code (commonly known as the Regulatory Flexibility Act), to ensure complete analysis of potential impacts on small entities of rules, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``First Responder and Emergency Preparedness Block Grant Program for Local Governments''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Federal Government must enhance the ability of first responders to respond to incidents of terrorism, including incidents involving weapons of mass destruction; (2) as a result of the events of September 11, 2001, it is necessary to clarify and consolidate the authority of the Office of Domestic Preparedness to support first responders; and (3) help States improve security of infrastructure. (b) Purposes.--The purposes of this Act are-- (1) to establish a program to provide assistance to enhance the ability of first responders to respond to incidents of terrorism, including incidents involving weapons of mass destruction; (2) to establish a program that allows local governments to develop State, regional, and local emergency preparedness plans; (3) to give States and localities the necessary resources to secure infrastructure assets; and (4) to improve response capabilities of State and local first responders and emergency management personnel. SEC. 3. WEAPON OF MASS DESTRUCTION DEFINED. Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the following: ``(17) The term `weapon of mass destruction' has the meaning given that term in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302; 110 Stat. 2717).''. SEC. 4. ADDITIONAL DUTIES OF OFFICE OF DOMESTIC PREPAREDNESS. (a) In General.--Section 430(c) of the Homeland Security Act of 2002 (6 U.S.C. 238(c) is amended-- (1) by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9); (2) by striking paragraphs (2) through (5) and inserting after paragraph (1) the following:; ``(2) establish clearly defined standards and guidelines for Federal, State, tribal, and local government terrorism preparedness and response; ``(3) establish and coordinate an integrated capability for Federal, State, tribal, and local governments and emergency responders to plan for and address potential consequences of terrorism; ``(4) coordinate provision of Federal terrorism preparedness assistance to State, tribal, and local governments; ``(5) establish standards for a national, interoperable emergency communications and warning system; ``(6) establish standards for training of first responders (as defined in section 431(a)), and for equipment to be used by first responders, to respond to incidents of terrorism, including incidents involving weapons of mass destruction;''; (3) by striking ``and'' at the end of paragraph (8) (as so redesignated); (4) by striking the period at the end of paragraph (9) (as so redesignated) and inserting ``; and'' and the following: ``(10) carry out such other related duties as are approved by the Secretary. (b) Use of Existing Resources.--Section 430(d) of such Act is amended to read as follows-- ``(d) Use of Existing Resources.--In carrying out this section, the Director shall-- ``(1) use, to the maximum extent practicable, existing resources, including planning documents, equipment lists, and program inventories; and ``(2) consult with and use-- ``(A) existing Federal interagency boards and committees; ``(B) existing government agencies; and ``(C) nongovernmental organizations.''. SEC. 5. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS. (a) In General.--Title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following: ``SEC. 431. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Director.--The term `Director' means the Director of the Office of Domestic Preparedness established by section 430. ``(2) First responder.--The term `first responder' means-- ``(A) fire, emergency medical service, and law enforcement personnel; and ``(B) such other personnel as are identified by the Director. ``(3) Local entity.--The term `local entity' has the meaning given that term by regulation issued by the Director. ``(4) Program.--The term `program' means the program established under subsection (b). ``(5) State.--The term `State' includes an emergency preparedness authority establish under section 611(h) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of (42 U.S.C. 5196(h)). ``(b) Program To Provide Assistance.-- ``(1) In general.--The Director shall establish a program to provide assistance to States to enhance the ability of State and local first responders to respond to incidents of terrorism, including incidents involving weapons of mass destruction, and to assist States and localities in securing vital infrastructure resources. ``(2) Federal share.--The Federal share of the costs eligible to be paid using assistance provided under the program shall be as determined by the Director, but not less than 75 percent. ``(3) Forms of assistance.--Assistance provided under paragraph (1) may consist of-- ``(A) grants; and ``(B) such other forms of assistance as the Director determines to be appropriate. ``(c) Uses of Assistance.--Assistance provided under subsection (b)-- ``(1) may be used-- ``(A) to purchase, to the maximum extent practicable, interoperable equipment that is necessary to respond to incidents of terrorism, including incidents involving weapons of mass destruction; ``(B) to train first responders, consistent with guidelines and standards developed by the Director; ``(C) in consultation with the Director, to develop, construct, or upgrade terrorism preparedness training facilities; ``(D) to develop, construct, or upgrade emergency operations centers; ``(E) to develop preparedness and response plans consistent with Federal, State, and local strategies, as determined by the Director; ``(F) to provide systems and equipment to meet communication needs, such as emergency notification systems, interoperable equipment, and secure communication equipment; ``(G) to conduct exercises relating to emergency preparedness training; ``(H) to develop emergency preparedness plans; ``(I) to enhance infrastructure security, including security of ports, mass transit systems, water infrastructure, power plants, tunnels, and bridges; ``(J) to improve security of infrastructure in accordance with regulations issued by the Secretary; and ``(K) to carry out such other related activities as are approved by the Director; and ``(2) may be used to provide compensation to first responders (including payment for overtime); except that not to exceed 10 percent of amounts made available to a State under this section for a fiscal year may be used for this purpose. ``(d) Allocation of Funds.--For each fiscal year, in providing assistance under subsection (b), the Director shall make available-- ``(1) to each of the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the emergency preparedness authorities established under section 611(h) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(h)) $3,000,000; and ``(2) to each State (other than a State referred to in paragraph (1))-- ``(A) a base amount of $10,000,000; and ``(B) a percentage of the total remaining funds made available for the fiscal year based on the following: ``(i) 50 percent of the amount appropriated to carry out this section (after application of paragraph (1) and subparagraph (A)) for such fiscal year based on the population for such State divided by the total population of all such States; and ``(ii) the remainder based on such criteria as the Director may establish, including the proximity of the State to international borders and number of vital infrastructure facilities located in the State, including military installations, public buildings (as defined in section 13 of the Public Buildings Act of 1959 (40 U.S.C. 612)), nuclear power plants, chemical plants, national landmarks, and ports. ``(e) Provision of Funds to Local Governments and Local Entities.-- ``(1) In general.--For each fiscal year, not less than 75 percent of the assistance provided to each State (other than an emergency preparedness authority) under this section shall be provided by the State to local governments (including councils of governments) within the State. ``(2) Assistance tracking systems.--The Secretary shall establish a system to track the assistance provided by States to local governments under this subsection for the purpose of ensuring that the assistance is being used in accordance with this section. Under the tracking system, not later than 30 days after the date on which a State provides assistance to a local government under this subsection, the State shall submit to the Secretary a report on the provision and use of such assistance. ``(f) Administrative Expenses.-- ``(1) Director.--For each fiscal year, the Director may use to pay salaries and other administrative expenses incurred in administering the program not more than the lesser of-- ``(A) 5 percent of the funds made available to carry out this section for the fiscal year; or ``(B)(i) $75,000,000 for fiscal year 2003; and ``(ii) $50,000,000 for each of fiscal years 2004 through 2006. ``(2) Recipients of assistance.--For each fiscal year, not more than 5 percent of the funds retained by a State after application of subsection (e) may be used to pay salaries and other administrative expenses incurred in administering the program. ``(g) Deadlines for Distribution of Assistance.-- ``(1) To states.--Not later than 60 days after the date on which funds are appropriated to carry out this section for a fiscal year (other than fiscal year 2004), the Director shall distribute such funds to the States in accordance with subsection (d). ``(2) To local governments.--Not later than 45 days after the date on which funds appropriated to carry out this section for a fiscal year (other than fiscal year 2004) are made available to a State under this section, the State shall distribute such funds to local governments under subsection (e). ``(h) Preapplication Plan.--Before the Director may provide assistance to a State under this section, the State must submit a plan that recognizes the security and emergency preparedness needs of metropolitan and rural areas under the jurisdiction of the State. ``(i) Maintenance of Expenditures.--The Director may provide assistance to a State under this section only if the State agrees to maintain, and to ensure that each local government that receives funds from the State in accordance with subsection (e) maintains, for the fiscal year for which the assistance is provided, the aggregate expenditures by the State or the local government, respectively, for the uses described in subsection (c)(1) at a level that is at or above the average annual level of those expenditures by the State or local government, respectively, for the 2 fiscal years preceding the fiscal year for which the assistance is provided. ``(j) Reports.-- ``(1) Annual report to the director.--As a condition of receipt of assistance under this section for a fiscal year, a State shall submit to the Director, not later than the 60 days following the last day of the fiscal year, a report on the use of the assistance in the fiscal year and the status of unspent funds. ``(2) Exercise and report to congress.--As a condition of receipt of assistance under this section, not later than 3 years after the date of enactment of this section, a State shall-- ``(A) conduct an exercise, or participate in a regional exercise, approved by the Director, to measure the progress of the State in enhancing the ability of State and local first responders to respond to incidents of terrorism, including incidents involving weapons of mass destruction; and ``(B) submit a report on the results of the exercise to the appropriate committees of the Senate and the House of Representatives. ``(k) Coordination.-- ``(1) With federal agencies.--The Director shall coordinate, as necessary, the provision of assistance under this section with activities carried out by-- ``(A) the Administrator of the United States Fire Administration in connection with the implementation by the Administrator of the assistance to firefighters grant program established under section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229); ``(B) other appropriate Federal agencies, including the Office of Justice of the Department of Justice providing assistance under the Community Oriented Policing Services Office (COPS) program, the Edward Byrne Memorial State and Local Law Enforcement Assistance (Byrne Formula Grant) program, and the Local Law Enforcement Block Grant (LLEBG) program; and ``(C) other entities within the Department of Homeland Security, including the Office of Emergency Preparedness and Response and the Office of State and Local Government Coordination. ``(2) With indian tribes.--In providing and using assistance under this section, the Director and the States shall coordinate, as appropriate, with-- ``(A) Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) and other tribal organizations; and ``(B) Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) and other Alaska Native organizations. ``(l) Limitation.--The amount of funds made available to carry out this section for a fiscal year should not affect the amount of funds made available to carry out the Community Oriented Policing Services Office (COPS) program, the Edward Byrne Memorial State and Local Law Enforcement Assistance (Byrne Formula Grant) program, and Local Law Enforcement Block Grant (LLEBG) program, and the assistance to firefighters program administered by the United States Fire Administration for such fiscal year. ``(m) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,500,000,000 for each of fiscal years 2004, 2005, and 2006.

First Responder and Emergency Preparedness Block Grant Program for Local Governments - Amends the Homeland Security Act of 2002 to establish additional duties of the Office of Domestic Preparedness with respect to Federal, State, tribal, and local government terrorism preparedness and response, including establishing standards for the training of first responders (fire, emergency medical service, and law enforcement personnel) and for equipment used by first responders in responding to incidents of terrorism.Requires the Office Director to: (1) establish a program to provide assistance to enhance the ability of State and local first responders to respond to incidents of terrorism, including incidents involving weapons of mass destruction; and (2) assist States and localities in securing vital infrastructure resources. Provides for the allocation of such assistance funds among the States, the District of Columbia, and U.S. territories. Requires a State to provide at least 75 percent of its assistance to local governments. Provides deadlines for assistance distribution to States and local governments.

To amend the Homeland Security Act of 2002 to establish a program to provide assistance to enhance the ability of first responders to respond to incidents of terrorism, including incidents involving weapons of mass destruction, and to improve security of infrastructure, and for other purposes including emergency preparedness.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cultural Heritage Assistance Partnership Act of 2001''. SEC. 2. ESTABLISHMENT OF PARTNERSHIP PROGRAM. (a) Establishment.--The Secretary of the Interior shall establish in the National Park Service a Cultural Heritage Assistance Partnership Program. (b) Purposes.--The purposes of the Partnership Program are the following: (1) Fostering and supporting cooperative partnerships among Federal agencies, State and local governments, Indian tribes, nongovernmental organizations, and individuals, to preserve and enhance the cultural heritage of the United States. (2) Coordinating Federal programs and providing information, technical assistance, and grants to States, Indian tribes, local governments, and nonprofit organizations, to facilitate cultural heritage activities. (3) Encouraging cultural heritage activities, including by planning, developing, and promoting heritage areas, cultural heritage tourism, and related cultural heritage economic and community development. (4) Providing Federal agencies with opportunities to participate in cultural heritage activities and to benefit from the knowledge and experience of non-Federal entities and individuals. (c) Consultation.--The Secretary shall implement the Partnership Program in consultation with the Citizens Advisory Committee and the Federal Coordinating Council, including such consultation in designing information, technical assistance, and award programs under section 3 and grant programs under section 6. SEC. 3. DUTIES OF SECRETARY UNDER PARTNERSHIP PROGRAM. (a) Coordination.--To carry out the purposes of the Partnership Program, the Secretary shall coordinate with and seek the participation of organizations and agencies involved in heritage areas and related cultural heritage tourism and economic and community development, including the following: (1) Private sector nonprofit organizations. (2) Educational and training institutions. (3) Professional societies and trade associations. (4) State and local government agencies and affiliated organizations. (5) Indian tribes and tribal organizations. (6) International agencies and organizations. (7) Other offices and programs in the National Park Service and units of the National Park System. (8) Federal agencies and organizations, including Federal agencies not represented on the Federal Coordinating Council, including the Advisory Council on Historic Preservation, the Small Business Administration, the American Folklife Center in the Library of Congress, and the Smithsonian Institution. (b) Information.-- (1) In general.--The Secretary shall gather information on cultural heritage resources and activities, including heritage areas, cultural heritage tourism, and related economic and community development. (2) Availability.--The Secretary shall make available to the public such information-- (A) on an Internet site; and (B) by nonelectronic means. (3) Inclusion of information on internet site.--The Secretary shall develop means for persons, subject to reasonable terms and conditions imposed by the Secretary, to include on the Internet site information about cultural heritage programs and activities. (c) Technical Assistance.--To carry out the purposes of the Partnership Program, the Secretary may provide or arrange for technical assistance to the types of agencies and organizations described in subsection (a), including by doing the following: (1) Developing models of cultural heritage partnership agreements. (2) Holding or sponsoring workshops, conferences, training, and public meetings. (3) Providing guidance to non-Federal agencies and organizations on ways to access other Federal programs. (4) Coordinating meetings among Federal agencies and non- Federal entities. (d) Awards.--The Secretary shall establish a program for designing and making awards to persons, including individuals, Indian tribes, Federal agencies, and State or local governments, to recognize exemplary projects or programs that carry out the purposes of the Partnership Program. SEC. 4. CITIZENS ADVISORY COMMITTEE. (a) Establishment.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall establish a Cultural Heritage Citizens Advisory Committee. (b) Duty.--The Citizens Advisory Committee shall advise the Secretary and the Federal Coordinating Council on matters related to carrying out the Partnership Program. (c) Membership.--The Citizens Advisory Committee shall consist of 11 private citizens appointed by the Secretary who represent a range of technical expertise and broad-based interests in cultural heritage resources, heritage areas, cultural heritage tourism, and related economic and community development. (d) Terms.-- (1) Duration.--The members of the Citizens Advisory Committee shall each serve for a term of 5 years. (2) Reappointment.--If the Secretary decides to extend the existence of the Citizens Advisory Committee under subsection (i), the members of the Committee may be reappointed for another term of 5 years. (e) Pay; Expenses.--Members of the Citizens Advisory Committee shall serve without pay, but may receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Chairperson.--The Chairperson of the Citizens Advisory Committee shall be elected by the members of the committee. (g) Meetings.--The Citizens Advisory Committee shall conduct at least 4 meetings each fiscal year, at least 1 of which shall be in conjunction with a meeting of the Federal Coordinating Council. (h) Administrative Support.--The Secretary shall provide administrative support for the Citizens Advisory Committee. (i) Termination.-- (1) In general.--Subject to paragraph (2), the Citizens Advisory Committee shall terminate 5 years after the date of its establishment. (2) Renewal.--If the Secretary states in the report submitted under section 7 that the Citizens Advisory Committee will be extended under this paragraph, the Secretary may extend the existence of the Citizens Advisory Committee for a second 5-year period. SEC. 5. FEDERAL COORDINATING COUNCIL. (a) Federal Coordinating Council.--There is established a Federal Cultural Heritage Coordinating Council, which shall be composed of the following members (or their designees): (1) The Secretary of the Interior, who shall serve as Chairman. (2) The Secretary of Defense. (3) The Secretary of Agriculture. (4) The Secretary of Commerce. (5) The Secretary of Housing and Urban Development. (6) The Secretary of Transportation. (7) The Secretary of Education. (8) The Administrator of the Environmental Protection Agency. (9) The Chairman of the National Endowment for the Arts. (10) The Chairman of the National Endowment for the Humanities. (11) The Director of the Institute of Museum and Library Services. (b) Duties.--The Federal Coordinating Council shall-- (1) identify Federal programs and projects that may be of assistance to the Secretary in implementing the Partnership Program; (2) establish and implement methods for the members of the Federal Coordinating Council to collaborate with each other and with other governmental agencies and nongovernmental organizations on cultural heritage programs and projects, to the extent permitted by law and consistent with their missions and resources; (3) consider methods for reducing bureaucratic inefficiency in delivering services under existing Federal cultural heritage programs to States, Indian tribes, and local governments; and (4) seek to ensure that the activities conducted under this Act are responsive to the diverse needs of different kinds of communities, ranging from urban centers to remote rural areas, and are balanced in their outreach and funding. (c) Meetings.-- (1) In general.--The Federal Coordinating Council shall conduct at least 4 meetings each fiscal year. (2) Citizens advisory committee.--At least one of the 4 meetings shall be conducted in conjunction with a meeting of the Citizens Advisory Committee. (3) Public attendance.--The meetings of the Federal Coordinating Council shall be open to the public. (d) Administrative Support.--The Secretary shall provide administrative support for the Federal Coordinating Council. (e) Support for Partnership Program.--Each member of the Federal Coordinating Council may provide the Secretary with such funds, personnel, facilities, and services under that member's jurisdiction and control as may be needed to implement the Partnership Program, to the extent that such funds, personnel, facilities, and services are otherwise available for that purpose. (f) Interagency Projects.--In carrying out this Act, the Secretary may receive advance payments from other agencies or accounts to be used for interagency projects. Any project to be financed with those payments may be initiated only with approval of the Secretary. SEC. 6. GRANTS. (a) In General.--The Secretary may make grants on a competitive basis to States, Indian tribes, local governments, and nonprofit organizations for projects to carry out the purposes of the Partnership Program. (b) Projects.--The activities of such projects may include the following: (1) Developing plans, programs, training, and informational materials relating to the development, management, or interpretation of cultural heritage resources and heritage areas or potential heritage areas. (2) Creating innovative projects that address natural resource conservation, environmental education, outdoor recreation, economic revitalization, archaeology and ethnography, historic, scenic, or cultural preservation, or the arts, humanities, or folklore. (3) Carrying out cultural heritage activities in conjunction with libraries, museums, and schools. (4) Improving the organization and management capacity of cultural heritage organizations and agencies. (5) Creating or implementing innovative ways to combine historic property restoration and conservation with economic and community development. (6) Providing electronic access, including equipment and training, especially in rural or underserved urban communities, to promote cultural heritage activities or heritage areas. (7) Developing alliances among heritage areas within a State and among States. (8) Sharing information with other nations on cultural heritage programs in the United States. (9) Developing programs for collecting information on cultural heritage activities and resources in other nations that might serve as models for similar activities in the United States. (c) Contribution Requirement.--The Secretary may not make a grant under this section to any applicant for a project unless at least 1 other entity will contribute facilities, supplies, or services for the project. (d) Priority.--In awarding grants under this section, the Secretary shall give priority to projects that will be carried out by an applicant that-- (1) has more than 2 entities contributing facilities, supplies, or services to the project; or (2) represents a broad base of interests and can increase community involvement in the project. (e) Limits on Grants.-- (1) Cost sharing.-- (A) In general.--Subject to subparagraph (B), the Federal share of the cost of activities carried out with a grant under this section may not exceed 50 percent of the total cost of the activities. (B) Use of funds from other federal sources.--A grantee under this section may apply funds from other Federal sources as the matching funds required under subparagraph (A), if use of such funds is otherwise authorized by law. (2) Maximum amount.--The Secretary may not make any grant or combination of grants under this section in any fiscal year to a particular grantee in an amount totaling more than $50,000. (f) Application.-- (1) In general.--To seek a grant under this section, an applicant shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Simplification.--In developing application forms and deadlines, the Secretary should consider ways to simplify the application process to the maximum extent possible. SEC. 7. REPORT. (a) Submission.--Not later than 4 years after the date of the enactment of this Act, the Secretary shall submit to the Congress a report that-- (1) describes the accomplishments of the Partnership Program; (2) identifies any problems encountered in implementing this Act; and (3) recommends any changes needed in the Partnership Program, including amendments to this Act. (b) Review.--In developing the report, the Secretary shall provide an opportunity for review of and comment on the report by the public and representatives of State and local governments, Indian tribes, and private sector organizations. (c) Consultation.--In preparing a report under this section, the Secretary shall consult with the Citizens Advisory Committee and the Federal Coordinating Council. SEC. 8. VOLUNTEERS. To carry out this Act, the Secretary may accept and use voluntary and other uncompensated services. SEC. 9. DEFINITIONS. For purposes of this Act: (1) Citizens advisory committee.--The term ``Citizens Advisory Committee'' means the Cultural Heritage Citizens Advisory Committee established under section 4. (2) Cultural heritage.--The term ``cultural heritage'' means resources relating to natural, historic, cultural, ethnographic, scenic, or recreational values that traditionally define the distinct character of an area or region and its peoples. (3) State.--The term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States. (4) Federal coordinating council.--The term ``Federal Coordinating Council'' means the Federal Cultural Heritage Coordinating Council established by section 5. (5) Indian tribe.--The term ``Indian tribe'' means any Indian tribe, band, nation, pueblo, or other organized group or community, that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (6) Heritage area.--The term ``heritage area'' means a discrete geographic area or region (including trails, corridors, rivers, and watersheds) designated by an Indian tribe or by Federal, State, or local executive or legislative action in recognition of the area or region's distinctive sense of place embodied in its historic buildings, communities, traditions, or cultural or natural features. (7) Partnership program.--The term ``Partnership Program'' means the Cultural Heritage Assistance Partnership Program established under section 2. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 10. FUNDING. (a) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this Act $10,000,000 for each of fiscal years 2002, 2003, 2004, 2005, and 2006, as follows: (1) $9,000,000 for grants under section 6. (2) $500,000 for information and technical assistance. (3) $500,000 for program administration. (b) Availability.--Amounts appropriated under this Act shall remain available until expended.

Cultural Heritage Assistance Partnership Act of 2001 - Directs the Secretary of the Interior to establish a Cultural Heritage Assistance Partnership Program in the National Park Service.Requires the Secretary to: (1) gather specified information on cultural heritage resources and activities and make it available on an Internet site and by nonelectric means; and (2) establish a program for designing and making awards to persons, including Indian tribes, Federal agencies, and State or local governments, to recognize exemplary projects or programs that carry out the purposes of the Partnership Program.Establishes the: (1) Cultural Heritage Citizens Advisory Committee; and (2) the Federal Cultural Heritage Coordinating Council.Authorizes the Secretary to make competitive grants for up to 50 percent of the total cost of a project to States, Indian tribes, local governments, and nonprofit organizations for projects to carry out the Program's purposes.

To establish the Cultural Heritage Assistance Partnership Program in the Department of the Interior, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Profiting from Access to Computer Technology (PACT) Act'' or the ``Child PACT Act''. SEC. 2. DEFINITIONS. In this Act: (1) Classroom-usable.--The term ``classroom-usable'', with respect to potential educationally useful Federal equipment, means such equipment that does not require an upgrade of hardware or software in order to be used by an educational recipient or military family recipient without being first transferred under section 4(d) to a nonprofit refurbisher for such an upgrade. (2) Community-based educational organization.--The term ``community-based educational organization'' means a nonprofit entity that-- (A) is engaged in collaborative projects with schools or the primary focus of which is education; and (B) qualifies as a nonprofit educational institution or organization for purposes of section 549(c)(3) of title 40, United States Code. (3) Educational recipient.--The term ``educational recipient'' means a school or a community-based educational organization. (4) Federal agency.--The term ``Federal agency'' means an Executive agency as defined under section 105 of title 5, United States Code. (5) Military family recipient.--The term ``military family recipient'' means a member of the immediate family of a member of the Armed Forces who is deployed. (6) Nonprofit refurbisher.--The term ``nonprofit refurbisher'' means an organization that-- (A) is described under section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and (B) upgrades potential educationally useful Federal equipment that is not yet classroom-usable at no cost or low cost to the ultimate educational recipient or military family recipient. (7) Potential educationally useful federal equipment.--The term ``potential educationally useful Federal equipment''-- (A) means computers and related peripheral tools (such as computer printers, modems, routers, and servers), including telecommunications and research equipment, that are appropriate for use by an educational recipient or a military family recipient; and (B) includes computer software, if the transfer of a license is permitted. (8) School.--The term ``school'' includes a pre- kindergarten program (as that term is used in the Elementary and Secondary Education Act of 1965), an elementary school, a secondary school, and a local educational agency (as those terms are defined in section 9101 of that Act). SEC. 3. PROTECTION OF POTENTIAL EDUCATIONALLY USEFUL FEDERAL EQUIPMENT. Each Federal agency shall, to the extent practicable, protect and safeguard potential educationally useful Federal equipment that has been determined to be surplus, so that such equipment may be transferred under this Act. SEC. 4. EFFICIENT TRANSFER OF POTENTIAL EDUCATIONALLY USEFUL FEDERAL EQUIPMENT. (a) Transfer of Equipment to GSA.--Each Federal agency, to the extent permitted by law and where appropriate, shall-- (1) identify potential educationally useful Federal equipment that the Federal agency no longer needs or such equipment that has been declared surplus in accordance with section 549 of title 40, United States Code; (2) erase all hard drives and other information storage devices, before transfer under paragraph (3), in accordance with standards in effect under the National Institute of Standards and Technology; Guidelines for Media Sanitization; and (3)(A) transfer the equipment to the Administrator of General Services for transfer to educational recipients or military family recipients; or (B) transfer the equipment directly to-- (i) an educational recipient or a military family recipient, through an arrangement made by the Administrator of General Services under subsection (b); or (ii) a nonprofit refurbisher under subsection (d). (b) Advance Reporting of Equipment to GSA.--Each Federal agency shall report to the Administrator of General Services the anticipated availability of potential educationally useful Federal equipment as far as possible in advance of the date the equipment is to become surplus, so that the Administrator may attempt to arrange for the direct transfer from the donating agency to educational recipients or military family recipients. (c) Preference.--In carrying out transfers to educational recipients and military family recipients under this Act, the Administrator of General Services shall, to the extent practicable, give particular preference to educational recipients and military family recipients located in an enterprise community, empowerment zone, or renewal community designated under section 1391, 1400, or 1400E of the Internal Revenue Code of 1986. (d) Refurbishment of Potential Educationally Useful Equipment.-- Potential educationally useful Federal equipment that is not classroom- usable shall be transferred initially to a nonprofit refurbisher for upgrade before transfer to an educational recipient or military family recipient. The refurbisher shall be responsible for proper disposal of any equipment that cannot be successfully refurbished. (e) Lowest Cost.--All transfers to educational recipients and military family recipients shall be made at the lowest cost to the recipient permitted by law. (f) Notice of Availability of Equipment.--The Administrator of General Services shall provide notice of the anticipated availability of potential educationally useful Federal equipment (including nonclassroom-usable equipment) to educational recipients and military family recipients by all practical means, including the Internet, newspapers, nonprofit refurbishers and community announcements. (g) Facilitation by Regional Federal Executive Boards.--The regional Federal Executive Boards (as that term is used in part 960 of title 5, Code of Federal Regulations) shall help facilitate the transfer of potential educationally useful Federal equipment from the agencies they represent to recipients eligible under this Act. SEC. 5. RULEMAKING. The Administrator of General Services shall prescribe rules and procedures to carry out this Act. SEC. 6. EFFECT ON OTHER LAWS. This Act supersedes Executive Order No. 12999 of April 17, 1996. SEC. 7. RULE OF CONSTRUCTION. This Act may not be construed to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States or its agencies, officers, or employees.

Profiting from Access to Computer Technology (PACT) Act or the Child PACT Act - Directs each Federal agency to: (1) safeguard and identify potential educationally useful Federal equipment that it no longer needs or that has been declared surplus; and (2) transfer such equipment, either directly or through the General Services Administration (GSA), to educational recipients, military recipients, or nonprofit refurbishers.

A bill to establish a program to transfer surplus computers of Federal agencies to schools, nonprofit community-based educational organizations, and families of members of the Armed Forces who are deployed, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Financial Manager Reform Act of 2016''. SEC. 2. FINDINGS. The Congress finds the following: (1) Local government units are charged with providing critical law enforcement, educational training, public safety, and health services for the communities they serve. (2) The mismanagement of Federal grant money, including conflicts of interest and abuse of discretion, undermines the ability of local government units to provide these essential services. (3) The U.S. Government Accountability Office found that Federal grant management operations for local government units were adversely impacted in cases where unaccountable emergency financial managers were appointed. (4) The Federal Government has a strong interest in preventing the mismanagement of Federal funds intended to support local law enforcement efforts to protect health and safety by ensuring that local government units are accountable for such funds. (5) The appointment of an emergency financial manager may adversely impact voting rights when such appointment disproportionately affects minority communities whose local elected officials are displaced by such financial manager. (6) The appointment of an emergency financial manager can adversely impact public health and safety priorities, including the safety of public drinking water systems, in instances where they are unaccountable to local elected leaders. (7) Under article I, section 10, clause 1 of the U.S. Constitution, a State is prohibited from impairing a contractual obligation. In addition, some State constitutions explicitly prohibit impairment of a collective bargaining agreement and accrued financial benefits under a pension plan or a retirement system. Such impairment is unconstitutional and a violation of law unless consented to by all parties. SEC. 3. SAFEGUARDS REGARDING STATE APPOINTMENT OF AN EMERGENCY FINANCIAL MANAGER. (a) Reduction of Byrne-JAG Funds.--The Attorney General may withhold 5 percent of the funds that would otherwise be allocated to a State under the program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) for the fiscal year following any fiscal year in which an emergency financial manager is appointed by that State or continues in a previous appointment and-- (1) the chief legal officer or other appropriate State official does not, by the date of the appointment and every 18 months thereafter while the appointment remains in effect, submit to the Attorney General a certification that-- (A) such appointment does not have the purpose nor will it have the effect of denying, abridging, or diluting the right to vote on account of race or color; and (B) the community for which the emergency financial manager is appointed has been given an opportunity, by public notice issued simultaneously with the submission to the Attorney General, to submit comments in full for a period of at least 30 days with regard to subparagraph (A); (2) the Attorney General interposes an objection under paragraph (1)(A) by not later than 60 days after submission of comments under paragraph (1)(B) and the emergency financial manager thereafter continues in the appointment; (3) such emergency financial manager is authorized to make decisions affecting public health or safety of the residents or employees of a local government unit, including the disbursement of any emergency funds provided by any Federal or State entity for the purpose of addressing lead or other contamination of drinking water in a public water system, without receiving prior approval from the governor of the State and appropriate local elected officials; (4) such emergency financial manager does not have adequate oversight in effect to ensure against conflicts of interest, mismanagement, and abuse of discretion by such emergency financial manager; (5) such emergency financial manager is authorized to reject, modify, or terminate one or more terms and conditions of an existing collective bargaining agreement without mutual consent as to such rejection, modification, or termination by all parties to the agreement; (6) such emergency financial manager is authorized to reject, modify, or terminate one or more terms of an existing contract without mutual consent by all parties to the contract or without submitting such rejection, modification, or termination for approval by a bankruptcy court under title 11, United States Code; or (7) such emergency financial manager is appointed and members of the community under the jurisdiction of such appointment were not provided prior thereto-- (A) an opportunity, by public notice issued simultaneously with the submission to the Attorney General required pursuant to paragraph (1) for a period of at least 30 days, to make public comment as to any conflicts of interest the proposed appointee may have, whether the proposed appointee has the requisite experience and financial acumen, and whether the proposed appointee is empowered to propose sources of financial assistance, such as loans, grants, and revenue sharing; and (B) with the name of a State official to whom may be conveyed complaints about the appointee, including complaints about any conflicts of interest, mismanagement, or dereliction of duty. (b) Reallocation.--Amounts not allocated under the program referred to in subsection (a) to a State shall, to the extent practicable, be reallocated under that program to the local government unit for which the emergency financial manager is appointed. SEC. 4. DEFINITIONS. In this Act: (1) The term ``emergency financial manager'' means any person appointed by a State, including a financial control board or commission, emergency manager, receiver, coordinator, or overseer that oversees or manages a local government unit. (2) The term ``local government unit'' includes cities, towns, municipalities, school board districts, law enforcement departments or any other body, department, or office which exercises authority over matters of local concern at the direction of local elected officials or governing bodies or the appointees of local elected officials or governing bodies. (3) The term ``adequate oversight'' means, in the case of an emergency financial manager-- (A) a monthly, publically available report, reviewed and approved by the governor and appropriate local elected officials, accounting for all financial activities of the emergency financial manager (including possible conflicts of interest, mismanagement, and abuses of discretion) related to the duties of the emergency financial manager; and (B) an independent State-approved publically available audit of the emergency financial manager's duty-related activities on an annual basis or, if the term of an emergency financial manager is less than one year, at least one such audit. (4) The term ``State'' means any one of the several States.

Emergency Financial Manager Reform Act of 2016 This bill requires a state with a state-appointed emergency financial manager to certify that the appointment: (1) does not have the purpose or effect of limiting the right to vote on account of race or color, and (2) followed a notice and comment period. If a state with a state-appointed emergency financial manager fails to submit such certification, then the Department of Justice may reduce by 5% that state's allocation of funds under the Edward Byrne Memorial Justice Assistance Grant program.

Emergency Financial Manager Reform Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Lumber Act of 1995''. SEC. 2. TEMPORARY IMPOSITION OF DUTIES PENDING FINAL DETERMINATION. (a) In General.--In addition to any other duty that may apply, there is imposed a duty of 25 percent ad valorem on wood and lumber products described in subsection (b). (b) Wood and Lumber Products Described.--Wood and lumber products described in this subsection are wood or lumber products described in subheading 4407.10.00, 4409.10.10, 4409.10.20, or 4409.10.90 of the Harmonized Tariff Schedule of the United States that are imported directly or indirectly from Canada. (c) Applicability.--The rate of duty imposed under subsection (a) shall apply to goods described in subsection (b) that are entered, or withdrawn from warehouse for consumption, during the period beginning on the date that is 15 days after the date of the enactment of this Act and ending on whichever of the following dates occurs first with respect to an investigation initiated under section 3: (1) The date the investigation is suspended pursuant to section 3(b)(2). (2) The date on which a final negative determination is made by the Commission pursuant to section 705 of the Tariff Act of 1930. (3) The date on which an order is issued pursuant to section 706 of such Act. (d) Refunds; Collections.--If the amount of the duty imposed under this section is different from the amount of the cash deposit, bond, or other security required for the countervailing duty imposed under a countervailing duty order issued under section 706 of the Tariff Act of 1930 (19 U.S.C. 1671e) as a result of the investigation initiated under section 3, such difference shall be refunded, released, or collected, as the case may be, in accordance with section 707 of the Tariff Act of 1930 (19 U.S.C. 1671f). SEC. 3. INITIATION OF INVESTIGATION. (a) In General.--Notwithstanding any other provision of law, not later than 30 days after the date of the enactment of this Act, the administering authority shall initiate an investigation pursuant to section 702(a) of the Tariff Act of 1930 (19 U.S.C. 1671a(a)) with respect to the importation and sales for importation into the United States of wood and lumber products described in section 2(b). (b) Application of Title VII of the Tariff Act of 1930.-- (1) In general.--Except as otherwise provided in this Act, the provisions of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) shall apply to the countervailing duty investigation initiated under subsection (a). (2) Termination or suspension of investigation.-- (A) Termination.--Subsections (a) and (k) of section 704 of the Tariff Act of 1930 (19 U.S.C. 1671c (a) and (k)) shall not apply to the investigation initiated pursuant to subsection (a). (B) Suspension.--The investigation initiated pursuant to subsection (a) may be suspended pursuant to subsection (b) or (c) of section 704 of such Act, if the requirements of such section 704 and subparagraph (C) are satisfied. (C) Suspension of investigation procedure.--The requirements of this subparagraph are satisfied if, not less than 30 days before suspending the investigation, the administering authority-- (i) notifies the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Commission, and other parties to the investigation, of the administering authority's intention to suspend the investigation; (ii) consults with such committees regarding such suspension; (iii) provides to such committees a copy of the proposed agreement pursuant to which the investigation is to be suspended, together with an explanation of-- (I) how the agreement will be carried out and enforced; (II) how the agreement meets the requirements of subsections (b), (c), (d), and (e) of section 704 of the Tariff Act of 1930; and (III) any action required of Canada; and (iv) permits all interested parties to submit comments and information for the record before the date on which notice of suspension of the investigation is published. SEC. 4. RENEGOTIATION OF CHAPTER 19 OF NAFTA AND THE UNITED STATES- CANADA FREE-TRADE AGREEMENT. (a) In General.--Notwithstanding any other provision of law-- (1) the President is authorized and directed to negotiate with the governments of free trade area countries for the purpose of entering into an agreement to modify the terms of chapter 19 of the NAFTA and chapter 19 of the United States- Canada Free-Trade Agreement to provide that-- (A) the exclusive review by binational panels shall not apply to antidumping and countervailing duty determinations involving the merchandise of a free trade area country; and (B) such determinations shall be subject to judicial review in the same manner as determinations made with respect to countries that are not free trade area countries; (2) the negotiations described in paragraph (1) shall not in any way affect the rights of the United States or a free trade area country to apply its domestic antidumping and countervailing duty laws to the imports of another country; and (3) not later than 150 days after the date of the enactment of this Act, if an agreement described in paragraph (1) has been entered into, the President shall submit to the Congress-- (A) a draft implementing bill (as defined in section 151 of the Trade Act of 1974 (19 U.S.C. 2191)) which contains provisions-- (i) approving the agreement; and (ii) modifying the provisions of United States law that are necessary to implement the agreement; and (B) a statement of any administrative action proposed to implement the agreement. (b) Implementation of Modifications.-- (1) In general.--Any agreement entered into under subsection (a)(1) shall enter into force with respect to the United States if (and only if) the implementing bill described in subsection (a)(3)(A) is enacted into law. (2) Extension of fast track procedures to implementing bill.-- (A) Section 151(b)(1) of the Trade Act of 1974 (19 U.S.C. 2191(b)(1)) is amended by inserting ``section 4 of the Emergency Lumber Act of 1995,'' after ``the Omnibus Trade and Competitiveness Act of 1988,''. (B) Section 151(c)(1) of such Act (19 U.S.C. 2191(c)(1)) is amended by striking ``or section 282 of the Uruguay Round Agreements Act,'' and inserting ``, section 282 of the Uruguay Round Agreements Act, or section 4 of the Emergency Lumber Act of 1995,''. (c) Modification of Review Process.-- (1) In general.--If a draft implementing bill is not submitted in accordance with subsection (a) within 150 days after the date of the enactment of this Act-- (A) the provisions of article 1904 of the NAFTA and article 1904 of the United States-Canada Free-Trade Agreement relating to review of determinations shall cease to apply to determinations involving the merchandise of a free trade area country; (B) the provisions of section 516A of the Tariff Act of 1930 (19 U.S.C 1516A) shall apply to the review of such determinations without regard to subsection (g) of such section; and (C) any such determination with respect to which a binational panel review or an extraordinary challenge committee review is pending on the day after such 150th day shall be transferred to the United States Court of International Trade (in accordance with rules issued the Court) for review under section 516A(a) of such Act. (2) Notice of modifications.--If a draft implementing bill is not submitted in accordance with subsection (a) within 150 days after the date of the enactment of this Act-- (A) the President shall immediately notify the government of each free trade area country of the modifications described in paragraph (1) and shall publish notice of such modifications in the Federal Register; and (B) the United States Secretary shall immediately notify the relevant FTA Secretaries that article 1904 of the NAFTA and article 1904 of the United States- Canada Free-Trade Agreement no longer apply to determinations described in paragraph (1). (3) Definitions.--For purposes of this section: (A) Determination; antidumping and countervailing duty determination.--The terms ``determination'' and ``antidumping and countervailing duty determination'' mean a determination as defined in section 516A(g)(1) of the Tariff Act of 1930 (19 U.S.C. 1516A(g)(1)). (B) Free trade area country; relevant fta secretary; and united states secretary.--The terms ``free trade area country'', ``relevant FTA Secretary'', and ``United States Secretary'' have the meanings given such terms by section 516A(f) of the Tariff Act of 1930 (19 U.S.C. 1516A(f)). SEC. 5. APPLICATION TO CANADA AND MEXICO. Pursuant to article 1902 of the NAFTA, section 408 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3301), and article 1902 of the United States-Canada Free-Trade Agreement, the provisions of this Act shall apply with respect to goods from Canada or Mexico. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Administering authority.--The term ``administering authority'' has the meaning given such term by section 771(1) of the Tariff Act of 1930 (19 U.S.C. 1677(1)). (2) Commission.--The term ``Commission'' means the United States International Trade Commission. (3) NAFTA.--The term ``NAFTA'' means the North American Free Trade Agreement entered into between the United States, Mexico, and Canada on December 17, 1992.

Emergency Lumber Act of 1995 - Impose s a 25 percent ad valorem duty on imported Canadian wood and lumber products. Requires the administering authority to initiate a countervailing duty investigation with respect to such products. Declares that the President is authorized to negotiate with free trade area countries for the purpose of entering into an agreement to modify certain terms of the North American Free Trade Agreement (NAFTA) and the United States-Canada Free-Trade Agreement to provide: (1) that the exclusive review by binational panels shall not apply to antidumping and countervailing duty determinations involving their merchandise; and (2) that such determinations shall be subject to judicial review in the same manner as determinations made with respect to non-free trade area countries. Declares further that: (1) such negotiations shall not affect the rights of the United States or a free trade area country to apply its domestic antidumping and countervailing duty laws to the imports of another country; and (2) if an agreement has been entered into pursuant to such negotiations, the President shall submit implementing legislation to the Congress. Extends "fast track" procedures to such legislation. Applies the requirements of this Act to goods from Canada or Mexico.

Emergency Lumber Act of 1995

SECTION 1. FINDINGS. Congress finds the following: (1) Contrary to the Weinberger Doctrine, which states that the United States should use military force only if it is in the vital national interest of the United States and only with clearly defined political and military goals, the United States went to war against Iraq in March 2003 without clearly defined political and military goals. (2) Contrary to the Powell Doctrine, which states that if the United States is to use military force it should be ``overwhelming'' military force, the United States went to war against Iraq without the troop levels or strategy needed to secure a post-invasion Iraq. (3) Ignoring the advice of United States military leaders and experts, the President sent United States troops into war against Iraq without sufficient levels needed for post-conflict success and without sufficient armor and related equipment, and has used the United States military in such a way that today it is straining under the weight of the war. (4) The justifications cited by the President for using military force against Iraq--that Iraq possessed weapons of mass destruction and Iraq had links to al Qaeda--have not, to date, been proven correct. (5) On May 1, 2003, the President announced the end of major combat operations in Iraq, thus starting an entirely new phase--the occupation of Iraq. (6) The justifications cited by the President for using military force against Iraq have shifted dramatically since Congress passed the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243), from combating the threat that Saddam Hussein allegedly posed to the United States, to establishing an Iraqi democracy, and to a larger vision of Middle Eastern democracy. (7) Public Law 107-243 authorized the President to use force to ``defend the national security of the United States against the continuing threat posed by Iraq''. (8) Currently, United States troops are not facing a military force or direct threat to the United States in Iraq, rather they are facing both a Sunni insurgency against the United States occupation of Iraq and a violent, long-standing struggle between Sunni and Shia Islam on the streets of Baghdad--neither of which pose a ``continuing threat'' to the United States. (9) Public Law 107-243 clearly reflected the President's policies of preemption and unilateralism that have left the United States with an open-ended and ill-defined occupation of a country in the middle of a civil war. (10) The President's policies of preemption and unilateralism that led the United States into Iraq now leave the United States with no clear exit strategy from Iraq. (11) The escalation of the use of military force in Iraq continues the retreat from long-held United States policies of diplomacy, deterrence, and containment. SEC. 2. REPEAL OF PUBLIC LAW 107-243. The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243) is hereby repealed. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) Congress should vote on a new authorization for use of force resolution that-- (A) reflects the current situation in Iraq; (B) abandons the Bush Doctrine of preemption and unilateralism; and (C) realigns United States policy with its long- held engagement priorities of diplomacy, deterrence, and containment; (2) the United States should establish a quick-reaction United States military force with an over-the-horizon presence in the region to respond as needed to imminent security threats in the Middle East; (3) the United States should enhance and intensify diplomatic relations that will provide the proper external environment and support for the difficult internal steps that the Government of Iraq should take to promote national reconciliation; (4) the United States should increase efforts to engage all neighboring countries and the League of Arab States in promoting stability in Iraq; (5) the United States should maintain its commitment to continue to provide humanitarian and reconstruction assistance in Iraq; (6) the United States should redirect diplomatic, economic, and military support to Afghanistan, where the Taliban continues to destabilize the region; and (7) the United States should aggressively pursue Osama Bin Laden, Ayman al-Zawahiri, al Qaeda and other terrorist organizations that continue to pose an imminent threat to the United States.

Repeals P.L. 107-243 (Authorization for Use of Military Force Against Iraq Resolution of 2002). Expresses the sense of Congress that: (1) Congress should vote on a new authorization for use of force resolution that reflects the current Iraq situation, abandons the Bush Doctrine of preemption and unilateralism, and realigns U.S. policy with its long-held priorities of diplomacy, deterrence, and containment; (2) the United States should establish a quick-reaction U.S. military force with an over-the-horizon presence in the region; (3) the United States should intensify diplomatic relations to support the difficult internal steps that the government of Iraq should take to promote national reconciliation; (4) the United States should increase efforts to engage all neighboring countries and the League of Arab States in promoting Iraq's stability; (5) the United States should continue to provide humanitarian and reconstruction assistance in Iraq; (6) the United States should redirect diplomatic, economic, and military support to Afghanistan; and (7) the United States should aggressively pursue Osama Bin Laden, Ayman al-Zawahiri, al Qaeda and other terrorist organizations that continue to pose an imminent threat to the United States.

To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243), and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Verification Program Act of 2015''. SEC. 2. VOLUNTARY VERIFICATION PROGRAMS FOR AIR CONDITIONING, FURNACE, BOILER, HEAT PUMP, AND WATER HEATER PRODUCTS. Section 326(b) of the Energy Policy and Conservation Act (42 U.S.C. 6296(b)) is amended by adding at the end the following: ``(6) Voluntary verification programs for air conditioning, furnace, boiler, heat pump, and water heater products.-- ``(A) Reliance on voluntary verification programs.--For the purpose of verifying compliance with energy conservation standards and Energy Star specifications established under sections 324A, 325, and 342 for covered products described in paragraphs (3), (4), (5), (9), and (11) of section 322(a) and covered equipment described in subparagraphs (B), (C), (D), (F), (I), (J), and (K) of section 340(1), the Secretary and Administrator of the Environmental Protection Agency (in this paragraph referred to as the `Administrator') shall-- ``(i) rely on voluntary verification programs that are recognized by the Secretary or the Administrator according to criteria that have consensus support established through a negotiated rulemaking; and ``(ii) not later than 180 days after the date of enactment of the Voluntary Verification Program Act of 2015, initiate a negotiated rulemaking described in clause (i) to establish criteria for achieving recognition by the Secretary or the Administrator as an approved voluntary verification program, which at a minimum shall ensure that voluntary verification programs-- ``(I) are nationally recognized; ``(II) maintain a publicly available list of all verified products and equipment; ``(III) require the changing of the performance rating or removal of the product or equipment from the program if testing determines that the performance rating does not meet the levels the manufacturer has verified to the Secretary or the Administrator; ``(IV) require the qualification of new participants in the program through testing and production of test reports; ``(V) allow for challenge testing of products and equipment within the scope of the program; ``(VI) require program participants to verify the performance rating of all covered products and equipment within the scope of the voluntary verification program; ``(VII) provide to the Secretary or the Administrator-- ``(aa) prompt notification when program testing results in-- ``(AA) the rerating of the performance rating of a product or equipment; or ``(BB) the delisting of a product or equipment; and ``(bb) test reports, on the request of the Secretary or the Administrator, for Energy Star compliant products, which shall be treated as confidential business information as provided for under section 552(b)(4) of title 5, United States Code (commonly known as the `Freedom of Information Act'); and ``(VIII) meet any additional requirements or standards that the Secretary or the Administrator shall establish consistent with this clause. ``(B) Administration.-- ``(i) In general.--Neither the Secretary nor the Administrator shall require-- ``(I) manufacturers to participate in a voluntary verification program described in subparagraph (A); or ``(II) participating manufacturers to provide information that can be obtained through a voluntary verification program described in subparagraph (A). ``(ii) List of covered products.--The Secretary or the Administrator may maintain a publicly available list of covered products and equipment verified under subparagraph (A) that distinguishes between-- ``(I) covered products and equipment verified by a program described in subparagraph (A); and ``(II) products not verified by a program described in subparagraph (A). ``(iii) Periodic verification testing.--The Secretary and the Administrator shall not subject a manufacturer that participates in a voluntary verification program described in subparagraph (A), and that is in compliance with subparagraph (A)(ii) (I) through (VIII), to additional periodic verification testing to verify the accuracy of the performance rating of the product or equipment, if the voluntary verification program subjects covered products to periodic verification testing and provides test results to the Secretary or the Administrator on request. ``(iv) Effect on other authority.--Nothing in this paragraph limits the authority of the Secretary or the Administrator to enforce compliance with any law.''.

Voluntary Verification Program Act of 2015 This bill amends the Energy Policy and Conservation Act to require the Department of Energy (DOE) and the Environmental Protection Agency (EPA) to rely on voluntary programs for certifying manufacturer compliance with energy conservation performance standards and Energy Star specifications for consumer products and industrial equipment. Consumer products are the following: central air conditioners and central air conditioning heat pumps, water heaters, furnaces, direct heating equipment, and pool heaters. Industrial equipment is the following: commercial package air conditioning and heating equipment, automatic commercial ice makers, packaged terminal air-conditioners and packaged terminal heat pumps, warm air furnaces and packaged boilers, and storage water heaters, instantaneous water heaters, and unfired hot water storage tanks. The consumer products exclude those that are designed solely for use in recreational vehicles and other mobile equipment. DOE and the EPA must initiate a negotiated rulemaking to establish criteria, meeting certain minimum requirements, for achieving recognition by DOE or the EPA as an approved voluntary verification program. Neither DOE nor the EPA may require manufacturers that participate in a voluntary verification program to provide information that can be obtained through the program. If a voluntary program subjects products to periodic verification testing and provides test results to DOE or the EPA on request, DOE and the EPA may not subject participating manufacturers that are in compliance with the program to additional testing to verify the accuracy of the performance rating of the product or equipment.

Voluntary Verification Program Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rabbi Arthur Schneier Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Rabbi Arthur Schneier, Spiritual Leader of Park East Synagogue and Founder and President, Appeal of Conscience Foundation, has played a pioneering role in promoting religious freedom and human rights throughout the world, for close to half a century. (2) The President of the United States awarded him the Presidential Citizens Medal for ``his service as an international envoy for four administrations'' and as a Holocaust survivor, ``devoting a lifetime to overcoming forces of hatred and intolerance''. (3) He received the United States Department of State Special Recognition Award from Secretary Colin Powell for ``. . . his ecumenical work in favor of mutual understanding, tolerance and peace . . .''. (4) In China in 2004, he headed an interfaith Appeal of Conscience Foundation delegation which met with government officials on behalf of religious freedom and strengthened exchanges between religious communities in China and the United States. (5) He has regularly led delegations of religious leaders to China since the early 1980s. (6) In the Former Soviet Union, Rabbi Schneier was, in 2004, the keynote speaker at the Interreligious Conference on Peace hosted by Patriarch Aleksey II. (7) In Armenia in 2002, he held meetings with the Catholicos of all Armenians and government leaders to help ease tensions between Armenia and Turkey. (8) He convened the Religious Summit on the Former Yugoslavia in Switzerland and the Conflict Resolution Conference in Vienna, mobilizing Catholic, Muslim, and Orthodox Christian religious leaders to halt the bloodshed in former Yugoslavia (1992, 1995). (9) In the Balkans, Caucasus, and Central Asia, he initiated the Peace and Tolerance Conference in Istanbul, Turkey, in cooperation with the Turkish Government and the Ecumenical Patriarch Bartholomew I (1994). (10) In Bosnia-Herzegovina, he met with top government and religious leaders in Sarajevo to promote healing and conciliation between the Serbian Orthodox, Muslim, Catholic, and Jewish communities (1997). (11) Rabbi Schneier initiated the interfaith appeal to the United Nations for the worldwide protection of holy sites, which was adopted by the United Nations General Assembly in May 2001 as the resolution for the ``Protection of Religious Sites''. (12) In 1980, he initiated the Annual Seminar on Religious Life to educate Foreign Service officers in the religious traditions of the countries of their assignment. (13) The Foreign Service Institute honored him in 2001 for ``20 years of excellent cooperation in furthering the objective of religious freedom''. (14) He was awarded the Department of State Special Recognition Award from Secretary of State Hillary Clinton ``for his 30 years of partnership in helping Foreign Affairs professionals to better understand the right to religious freedom in the countries in which they serve''. (15) He has been very active in humanitarian missions, such as mobilizing the American religious community in support for the victims of the Armenian and Turkish earthquakes and Romanian floods. (16) A United States Alternate Representative to the United Nations General Assembly and Chairman of the United States Commission for the Preservation of America's Heritage Abroad, he was one of 3 American religious leaders appointed by the President of the United States to start the first dialogue on religious freedom with President Jiang Zemin and other top Chinese leaders (1998). (17) He was a United States delegate to the Stockholm International Forum for the Prevention of Genocide (2004). (18) Born in Vienna, Austria, in 1930, Rabbi Schneier lived under Nazi occupation in Budapest during World War II and arrived in the United States in 1947. (19) He holds the Ordination and Doctor of Divinity Degree from Yeshiva University. (20) In 2004, Yeshiva University honored him by establishing the Rabbi Arthur Schneier Center for International Affairs. (21) He hosted Pope Benedict XVI at Park East Synagogue, the first visit of a Pope to a synagogue in the United States (2008), and the Ecumenical Patriarch Bartholomew (2009). (22) He was invited by King Abdullah of Saudi Arabia as a keynote to the Interfaith Conference (Madrid) (2008). (23) He was appointed by the UN Secretary General to the High Level Group ``Alliance of Civilizations'' (2005) and he was appointed Ambassador of the UN Alliance of Civilizations (2009). (24) He was honored with the Knight Commander of the Order of Civil Merit by the Kingdom of Spain, Officer of the Order of the Legion d'honneur of France, Officer's Cross of the Order of Merit of Germany, Grand Decoration of Honor in Gold with Star for Service to the Republic of Austria, Order of the Republic of Hungary, Officer's Cross of the Order of Merit of the Republic of Poland, the Order of the Star of Italian Solidarity, Grand Decoration of Honor in Gold for Special Services to the Province of Vienna. (25) He received the Order of St. Daniel of Moscow, for ``his leadership in inter-religious cooperation and the strengthening of ties between American religious communities and the Russian Orthodox Church'' (2004). (26) He was selected Friend of the Armenians for his ``solidarity with Armenians in the cause of human rights''. (27) He received the Order of St. Andrew the Apostle Athenagoras Human Rights Award for ``his contributions to the improvement of tolerance and peace among all religions throughout the world'' (2008). (28) He received the Guru Nanac Interfaith Prize, Hofstra University for ``fostering religious tolerance and cooperation'' (2010). (29) He was the recipient of eleven honorary doctorates from United States and foreign universities. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Rabbi Arthur Schneier in recognition of his pioneering role in promoting religious freedom and human rights throughout the world, for close to half a century. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Rabbi Arthur Schneier Congressional Gold Medal Act Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to Rabbi Arthur Schneier in recognition of his pioneering role in promoting religious freedom and human rights throughout the world for close to half a century.

Rabbi Arthur Schneier Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Oversight and Audit of Agency Rulemaking Actions Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) Federal regulations have had a positive impact in protecting the environment and health and safety of all Americans; however uncontrolled increases in the costs that regulations place on the economy, including costs associated with duplicative, overlapping, and inconsistent regulations, cannot be sustained; (2) the legislative branch has an oversight responsibility to see that laws it passes are properly implemented by the executive branch; (3) in order for the legislative branch to fulfill its legislative and oversight responsibilities, it must have accurate and reliable information on which to base its decisions; and (4) effective implementation of chapter 8 of title 5 of the United States Code (relating to Congressional review of agency rulemaking) is essential to controlling the regulatory burden that the Government places on the economy. SEC. 3. DEFINITIONS. For purposes of Act: (1) Agency.--The term ``agency'' has the meaning given such term under section 551(1) of title 5, the United States Code; (2) Comptroller general.--The term ``Comptroller General'' means the Comptroller General of the United States. (3) Economically significant.--The term ``economically significant rule'' means any proposed, final, or interim rule-- (A) that may have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, tribal governments, small businesses, or communities; or (B) for which an agency has prepared an initial or final regulatory flexibility analysis pursuant to section 603 or 604 of title 5 of the United States Code. (4) Audit and assessment.--The term ``audit and assessment'' means a review of the agency's underlying assessments and assumptions used in developing a rule. SEC. 4. PERFORMANCE OF CONGRESSIONAL REVIEW FUNCTIONS BY THE GENERAL ACCOUNTING OFFICE PILOT PROGRAM. (a) In General.--A pilot project shall be established by the Comptroller General of the United States under which the Comptroller General may review a published economically significant proposed or interim rule at the request of a committee of either House of Congress with jurisdiction over the subject matter of the rule. (b) Independent Audit and Assessment.--The independent audit and assessment of an economically significant rule by the Comptroller General shall consist of the following: (1) Analysis regarding potential benefits.--An analysis of the agency's and the public's assessment of the potential benefits of the rule, including any beneficial effects that cannot be quantified in monetary terms and the identification of the persons or entities likely to receive the benefits. Such analysis may include, upon the request of the Committee, the Comptroller General's development of a separate benefit assessment based on the data available to the agency, including data generated after publication of the rule in the Federal Register. (2) Analysis regarding potential costs.--An analysis of the agency's and public's assessment of the potential costs of the rule, including any adverse effects that cannot be quantified in monetary terms and the identification of the persons or entities likely to bear the costs. Such analysis may include, upon the request of the Committee, the Comptroller General's development of a separate cost assessment based on the data available to the agency, including data generated after publication of the rule in the Federal Register. (3) Analysis of alternatives.--An analysis of the agency's and the public's alternative approaches that could achieve the objectives of the agency in a more cost effective manner. For each such alternative assessed, the Comptroller General shall state whether current law forecloses the agency from selecting a particular alternative. Such an analysis may include, upon the request of the Committee, the development of separate alternatives by the Comptroller that were not cited by the agency or submitted by the public to the agency. (4) Analysis and assessment of impact statement or report.--An analysis and assessment of any impact statement or report prepared by the agency, including those reports and assessments mandated by executive orders or statutes, as part of the rulemaking, including any assessment of impacts on State and local governments. (5) List of analyses, groups, entities, and sources consulted.--A list of all analyses, groups, entities, and sources consulted in developing the analyses and assessments set forth in paragraphs (1), (2), (3), and (4). (c) Procedures for Priorities of Requests.--The Comptroller General shall have discretion to develop procedures for determining the priority and number of requests for review under subsection (a) for which a report will be submitted under subsection (e). (d) Agency Cooperation and Comments.--Upon request of the Comptroller General, each agency shall provide any available or existing records, information, or data upon which the agency relied in developing an economically significant rule. The agency may provide records, information, and data not requested by the Comptroller General but which the agency determines are relevant to its development of an economically significant rule. (e) Submission of Report.-- (1) Interim audit.--The Comptroller General shall submit an interim audit to the Committee requesting the report 30 days after the close of the comment period unless the final regulation must issue less than 120 days from the date of publication of the proposed or interim rule in which case the report shall issue within 10 days after the close of the comment period. The interim audit shall contain the assessments set forth in paragraphs (1) through (4) of subsection (b) for the proposed rule. The agency shall not be required to consider any alternatives in this report in the development of a final rule to the extent that the agency determines that it cannot consider the alternative under established law. (2) Final audit.--The Comptroller General shall prepare and transmit an independent audit containing the assessments and analyses set forth in paragraphs (1) through (4) of subsection (b) on the final rule within 30 days after publication in the Federal Register. In addition to the required analyses and assessments, the Comptroller General shall provide a summary of the differences, to the extent such differences exist, between the proposed and final rule. The Comptroller General may incorporate any material in the final report that the Comptroller General utilized in preparing the interim report pursuant to paragraph (1). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Comptroller General to carry out this Act $5,200,000 for the fiscal year 2001. SEC. 6. EFFECTIVE DATE AND DURATION OF PILOT PROJECT. (a) Effective Date.--This Act shall take effect 90 days after the date of enactment of this Act. (b) Duration of Pilot Project.--The pilot project established under section 4(a) shall continue for a period of 5 years if, in each fiscal year or portion thereof included in that period, a specific annual appropriation of not less than $5,200,000 or the pro-rated equivalent thereof shall have been made for the pilot project. (c) Report.--Before the conclusion of the 5-year period referred to in subsection (b), the Comptroller General shall submit to Congress a report reviewing the effectiveness of the pilot project and what, if any, changes should be made to the procedures set forth in section 4 and recommending whether or not Congress should permanently authorize the pilot project.

Requires that an independent audit and assessment of such a rule by the Comptroller General shall consist of: (1) an analysis of the agency's and the public's assessment of the potential benefits and costs of the rule and of alternative approaches that could achieve the agency's objectives in a more cost effective manner; (2) an analysis and assessment of any impact statement or report prepared by the agency as part of the rulemaking, including any assessment of impacts on State and local governments; and (3) a list of all analyses, groups, entities, and sources consulted in developing the analyses and assessments described above. Grants the Comptroller General discretion to develop procedures for determining the priority and number of requests for review. Requires each agency, upon request of the Comptroller General, to provide any available or existing records, information, or data upon which the agency relied in developing such a rule. Requires the Comptroller General to transmit an independent audit containing the prescribed assessments and analyses on a final rule, together with a summary of the differences between the proposed and final rule, within 30 days after publication in the Federal Register. Authorizes appropriations. Provides for the pilot project established under this Act to continue for a five-year period if specified appropriations are provided. Requires the Comptroller General to report to Congress on such project's effectiveness and on whether it should be authorized permanently.

Congressional Oversight and Audit of Agency Rulemaking Actions Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antiprogestin Testing Act of 1993''. SEC. 2. INFORMATION. (a) Collection.-- (1) In general.--The Commissioner of Food and Drugs (referred to in this section as the ``Commissioner'') shall, to the extent possible, collect information with respect to the drug RU-486, also known as Mifeprestone, including samples and specimens, that is required to be submitted by an applicant for approval of a new drug, as described in section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)). (2) Uses of drug.--The Commissioner shall collect such information regarding-- (A) use of the drug as an abortifacient or contraceptive; and (B) use of the drug for the treatment of cancer, brain tumors, Cushings syndrome, or other serious or life-threatening diseases. (b) Consideration.--The Commissioner shall consider the information collected under subsection (a) with respect to the drug to be an application, submitted by the manufacturer of the drug, for approval of the drug for each of the uses described in subsection (a)(2). (c) Approval Decision.-- (1) In general.--The Commissioner shall review the information collected under subsection (a) as if the information comprised such an application. The Commissioner shall issue an order approving, or refusing to approve, the application with respect to each of the uses in accordance with subsections (c) and (d) of section 505 of such Act. (2) Refusal to approve due to insufficient tests, information, or evidence.-- (A) Notification of director of national institutes of health.--The Commissioner shall notify the Director of the National Institutes of Health (referred to in this section as the ``Director'') if the Commissioner issues an order refusing to approve the application because of-- (i) the lack of inclusion of adequate tests in the investigation of the drug, as described in section 505(d)(1) of such Act; (ii) insufficient information, as described in section 505(d)(4) of such Act; or (iii) a lack of substantial evidence, as described in section 505(d)(5) of such Act. (B) Information.--On so notifying the Director, the Commissioner shall submit to the Director all information relevant to the decision of the Commissioner to issue such order. Such information shall include a description of the tests that were not included in the investigation, or a description of the information or evidence that was not submitted with the application. (3) Report.--The Commissioner shall prepare, and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate, a report concerning any order issued under paragraph (1). (d) Research.-- (1) In general.--If the Commissioner issues an order refusing to approve the application, the Director shall expeditiously conduct or support research (including clinical trials) on RU-486, in order to conduct the tests, or develop the information or evidence, described in subsection (c)(2)(B). (2) Institutional review boards and peer review.--Research conducted or supported under paragraph (1) shall be subject to sections 491 and 492 of the Public Health Service Act (42 U.S.C. 289 and 289a). (3) Results.--The Director shall submit the results of the research to the Commissioner. The Commissioner shall consider the results, along with the information collected under subsection (a) with respect to the drug, to be information submitted by the manufacturer of the drug as described in subsection (b), and shall review, and issue an order approving or refusing to approve, the application for the drug, in accordance with subsection (c). (e) Report.--The Secretary of Health and Human Services shall prepare, and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate, a report on the status of research conducted or supported under subsection (d) within 6 months of the date on which the Commissioner provides notification under subsection (c)(2)(A), and every 6 months thereafter until the research is completed. SEC. 3. FEES AND COSTS. If the Commissioner issues an order approving an application with respect to the drug RU-486 for a use described in section 2(a)(2), any person who introduces the drug into interstate commerce or delivers the drug for introduction into interstate commerce for such use shall reimburse-- (1) the Food and Drug Administration for-- (A) the amount indicated in the fee schedule set forth in section 736 of the Federal Food, Drug, and Cosmetic Act; and (B) the amount of the costs incurred by the Commissioner in complying with section 2(a); and (2) the National Institutes of Health for the amount of any costs incurred by the Director in complying with section 2(d).

Antiprogestin Testing Act of 1993 - Directs the Commissioner of Food and Drugs to collect: (1) information concerning the drug RU-486, including samples and specimens, required to be submitted by an applicant for approval of a new drug; and (2) such information regarding use of the drug as an abortifacient or contraceptive and for the treatment of cancer, brain tumors, Cushings syndrome, or other serious or life-threatening diseases. Requires the Commissioner to: (1) consider such information to be an application submitted by the manufacturer of the drug for its approval for each of such uses; and (2) review such information and issue an order approving or refusing to approve the application with respect to each such use. Directs the Commissioner to: (1) notify the Director of the National Institutes of Health (NIH) if the Commissioner issues an order refusing to approve the application because of the lack of adequate tests in the investigation of the drug, sufficient information, or substantial evidence; (2) submit to the Director all information relevant to the decision to issue such order; and (3) report to specified congressional committees concerning any such order. Requires the Director, if the Commissioner issues an order refusing to approve the application, to expeditiously conduct or support research (including clinical trials) on RU-486 in order to conduct tests that were not included in the investigation or to develop information or evidence that was not submitted with the application. Makes any such research subject to provisions of the Public Health Service Act concerning institutional review boards and peer review. Requires the Director to submit the results of the research to the Commissioner who shall consider the results (along with the information collected) to be information submitted by the drug manufacturer, review the drug application, and issue an order approving or refusing to approve it. Sets forth reporting requirements. Specifies that if the Commissioner issues an order approving an application with respect to such drug for any of such uses, any person who introduces the drug into interstate commerce or delivers the drug for such introduction shall reimburse the Food and Drug Administration and NIH for specified costs.

Antiprogestin Testing Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``All Children are Equal Act'' or the ``ACE Act''. SEC. 2. FINDINGS. Section 1125AA of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6336) is amended-- (1) by amending the heading to read as follows: ``SEC. 1125AA. INCREASE GRANTS PER FORMULA STUDENT AS THE PERCENTAGE OF ECONOMICALLY DISADVANTAGED CHILDREN IN A LOCAL EDUCATIONAL AGENCY INCREASES.''; and (2) by amending subsection (a) to read as follows: ``(a) Findings.--Congress makes the following findings: ``(1) The current Basic Grant Formula for the distribution of funds under this part does not adequately target funds for schools with the highest concentrations of economically disadvantaged students. ``(2) The poverty of a child's family is much more likely to be associated with educational disadvantage if the family lives in an area with high proportions of poor families. ``(3) The current formulas for distributing Targeted and Education Finance Incentive Grants is intended to allocate more funds per formula student to local educational agencies with higher concentrations of such students. ``(4) These formula use two weighting systems, one based on the percentage of the aged 5-17 population in a local education agency that is eligible to receive funds under this title (percentage weighting), and another based on the absolute number of such students (number weighting). Whichever of these weighting systems results in the highest total weighted formula student count for a local educational agency is the weighting system used for that agency in the final allocation of Targeted and Education Finance Incentive Grant funds. ``(5) Since the amount available to be distributed through these formulas is fixed by congressional appropriation, any gain in allocation share by one local educational agency causes a loss to other local educational agencies. ``(6) The number weighting alternative is often favorable to very large local educational agencies, even if the agency's formula student percentage is low. But because smaller local educational agencies simply do not have enough students to gain from number weighting, they are rarely better off under the number weighting alternative. ``(7) The Congressional Research Service has compared the funding allocations of each local educational agency for school year 2008-2009 under the current dual weighting system with the funding allocation it would have that year if all local educational agencies had their student count weighted only by percentage weighting. ``(8) This data shows that the use of number weighting in these formulas has shifted funding from smaller to larger local educational agencies notwithstanding the level of poverty in either. This is contrary to the intent of Congress, which is to direct more funding per formula student to local educational agencies with high concentrations of poverty, as measured by the number of formula students as a percentage of the aged 5-17 population of the local educational agency. ``(9) As a result of this unintended consequence of the number weighting system, 338 of the 340 local educational agencies that have over 38.25 percent formula students gain nothing from number weighting under the Targeted Grant program, 281 of them actually lose funding because of number weighting, and 83 of those 340 highest poverty local educational agencies would actually be better off if Targeted Grant funds were allocated using the Basic Grant formula with no weighting system at all. ``(10) Congress has a responsibility to correct this unintended inequity by reducing the power of the number weighting system relative to the percentage weighting system so that local educational agencies with high percentages of poverty but low numbers of students are not disadvantaged under the formulas used for grants under this part.''. SEC. 3. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES. Section 1125(c)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6335(c)(2)) is amended-- (1) in subparagraph (C), by striking ``The amount'' and inserting ``Except as otherwise provided in subparagraph (D), the amount''; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: ``(D) Fiscal years 2012 through 2015.-- Notwithstanding subparagraph (C) or any other provision of this paragraph-- ``(i) for fiscal year 2012, subparagraph (C) shall be applied-- ``(I) in clause (ii), by substituting `1.35' for `1.5'; ``(II) in clause (iii), by substituting `1.8' for `2.0'; ``(III) in clause (iv), by substituting `2.25' for `2.5'; and ``(IV) in clause (v), by substituting `2.7' for `3.0'; ``(ii) for fiscal year 2013, subparagraph (C) shall be applied-- ``(I) in clause (ii), by substituting `1.2' for `1.5'; ``(II) in clause (iii), by substituting `1.6' for `2.0'; ``(III) in clause (iv), by substituting `2.0' for `2.5'; and ``(IV) in clause (v), by substituting `2.4' for `3.0'; ``(iii) for fiscal year 2014, subparagraph (C) shall be applied-- ``(I) in clause (ii), by substituting `1.05' for `1.5'; ``(II) in clause (iii), by substituting `1.4' for `2.0'; ``(III) in clause (iv), by substituting `1.75' for `2.5'; and ``(IV) in clause (v), by substituting `2.1' for `3.0' ; and ``(iv) for fiscal year 2015, subparagraph (C) shall be applied-- ``(I) in clause (i), by substituting `2,262' for `691'; ``(II) by striking clause (ii); ``(III) in clause (iii), by substituting `1.2' for `2.0'; ``(IV) in clause (iv), by substituting `1.5' for `2.5'; and ``(V) in clause (v), by substituting `1.8' for `3.0'.''. SEC. 4. EDUCATION FINANCE INCENTIVE GRANT PROGRAM. (a) States With an Equity Factor Less Than 0.10.--Section 1125A(d)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6337(d)(1)(B)) is amended-- (1) in clause (iii), by striking ``The amount'' and inserting ``Except as otherwise provided in clause (iv), the amount''; and (2) by adding at the end the following: ``(iv) Fiscal years 2012 through 2015.-- Notwithstanding clause (iii) or any other provision of this subparagraph-- ``(I) for fiscal year 2012, clause (iii) shall be applied-- ``(aa) in subclause (II), by substituting `1.35' for `1.5'; ``(bb) in subclause (III), by substituting `1.8' for `2.0'; ``(cc) in subclause (IV), by substituting `2.25' for `2.5'; and ``(dd) in subclause (V), by substituting `2.7' for `3.0'; ``(II) for fiscal year 2013, clause (iii) shall be applied-- ``(aa) in subclause (II), by substituting `1.2' for `1.5'; ``(bb) in subclause (III), by substituting `1.6' for `2.0'; ``(cc) in subclause (IV), by substituting `2.0' for `2.5'; and ``(dd) in subclause (V), by substituting `2.4' for `3.0'; ``(III) for fiscal year 2014, clause (iii) shall be applied-- ``(aa) in subclause (II), by substituting `1.05' for `1.5'; ``(bb) in subclause (III), by substituting `1.4' for `2.0'; ``(cc) in subclause (IV), by substituting `2.75' for `2.5'; and ``(dd) in subclause (V), by substituting `2.1' for `3.0'; and ``(IV) for fiscal year 2015, clause (iii) shall be applied-- ``(aa) in subclause (II), by substituting `1.0' for `1.5'; ``(bb) in subclause (III), by substituting `1.2' for `2.0'; ``(cc) in subclause (IV), by substituting `1.5' for `2.5'; and ``(dd) in subclause (V), by substituting `1.8' for `3.0'.''. (b) States With an Equity Factor Greater Than or Equal to 0.10 and Less Than 0.20.--Section 1125A(d)(2)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6337(d)(2)(B)) is amended-- (1) in clause (iii), by striking ``The amount'' and inserting ``Except as otherwise provided in clause (iv), the amount''; and (2) by adding at the end the following: ``(iv) Fiscal years 2012 through 2015.-- Notwithstanding clause (iii) or any other provision of this subparagraph-- ``(I) for fiscal year 2012, clause (iii) shall be applied-- ``(aa) in subclause (II), by substituting `1.35' for `1.5'; ``(bb) in subclause (III), by substituting `2.025' for `2.25'; ``(cc) in subclause (IV), by substituting `3.038' for `3.375'; and ``(dd) in subclause (V), by substituting `4.05' for `4.5'; ``(II) for fiscal year 2013, clause (iii) shall be applied-- ``(aa) in subclause (II), by substituting `1.2' for `1.5'; ``(bb) in subclause (III), by substituting `1.8' for `2.25'; ``(cc) in subclause (IV), by substituting `2.7' for `3.375'; and ``(dd) in subclause (V), by substituting `3.6' for `4.5'; ``(III) for fiscal year 2014, clause (iii) shall be applied-- ``(aa) in subclause (II), by substituting `1.05' for `1.5'; ``(bb) in subclause (III), by substituting `1.575' for `2.25'; ``(cc) in subclause (IV), by substituting `2.363' for `3.375'; and ``(dd) in subclause (V), by substituting `3.15' for `4.5'; and ``(IV) for fiscal year 2015, clause (iii) shall be applied-- ``(aa) in subclause (II), by substituting `1.0' for `1.5'; ``(bb) in subclause (III), by substituting `1.58' for `2.25'; ``(cc) in subclause (IV), by substituting `2.36' for `3.375'; and ``(dd) in subclause (V), by substituting `3.15' for `4.5'.''. (c) States With an Equity Factor Greater Than or Equal to 0.20.-- Section 1125A(d)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6337(d)(3)(B)) is amended-- (1) in clause (iii), by striking ``The amount'' and inserting ``Except as otherwise provided in clause (iv), the amount''; and (2) by adding at the end the following: ``(iv) Fiscal years 2012 through 2015.-- Notwithstanding clause (iii) or any other provision of this subparagraph-- ``(I) for fiscal year 2012, clause (iii) shall be applied-- ``(aa) in subclause (II), by substituting `1.80' for `2.0'; ``(bb) in subclause (III), by substituting `2.70' for `3.0'; ``(cc) in subclause (IV), by substituting `4.05' for `4.5'; and ``(dd) in subclause (V), by substituting `5.4' for `6.0'; ``(II) for fiscal year 2013, clause (iii) shall be applied-- ``(aa) in subclause (II), by substituting `1.6' for `2.0'; ``(bb) in subclause (III), by substituting `2.4' for `3.0'; ``(cc) in subclause (IV), by substituting `3.6' for `4.5'; and ``(dd) in subclause (V), by substituting `4.8' for `6.0'; ``(III) for fiscal year 2014, clause (iii) shall be applied-- ``(aa) in subclause (II), by substituting `1.4' for `2.0'; ``(bb) in subclause (III), by substituting `2.1' for `3.0'; ``(cc) in subclause (IV), by substituting `3.15' for `4.5'; and ``(dd) in subclause (V), by substituting `4.2' for `6.0'; and ``(IV) for fiscal year 2015, clause (iii) shall be applied-- ``(aa) in subclause (II), by substituting `1.4' for `2.0'; ``(bb) in subclause (III), by substituting `2.1' for `3.0'; ``(cc) in subclause (IV), by substituting `3.15' for `4.5'; and ``(dd) in subclause (V), by substituting `4.2' for `6.0'.''.

All Children are Equal Act or the ACE Act - Amends part A of title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965 to alter the formula for determining the share of targeted grant funds and education finance incentive grant funds a local educational agency (LEA) receives. Alters the formula so that LEAs that have a high percentage of impoverished students, but a comparatively low number of such students, receive a higher allocation of such funding.

To amend, for certain fiscal years, the weighted child count used to determine targeted grant amounts and education finance incentive grant amounts for local educational agencies under title I of the Elementary and Secondary Education Act of 1965.

SECTION 1. AGREEMENTS TO CORRECT POLLUTION. (a) In General.--The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico (hereafter in this Act referred to as the ``Commissioner''), is authorized to conclude agreements with the appropriate representative of the Ministry of Foreign Relations of Mexico for the purpose of correcting the international problem of pollution of the areas along the United States-Mexico border caused by discharge of raw and inadequately treated sewage and other pollution related problems along the border. (b) Content of Agreements.--Agreements concluded under subsection (a) should consist of recommendations to the Governments of the United States and Mexico of measures to protect the health and welfare of persons along the United States-Mexico border from the effects of pollution, including-- (1) facilities that should be constructed, operated, and maintained in each country; (2) estimates of the cost of the planning, construction, operation, and maintenance of the facilities referred to in paragraph (1); (3) formulas for the initial division between the United States and Mexico of the cost of the planning, construction, operation, and maintenance of the facilities referred to in paragraph (1); (4) a method for review and adjustment of the formulas referred to in paragraph (3) at intervals of five years that recognizes that such initial formulas should not be used as a precedent in their subsequent review and adjustment; and (5) dates for the beginning and completion of construction of the facilities referred to in paragraph (1). SEC. 2. AUTHORITY OF SECRETARY OF STATE TO PLAN, CONSTRUCT, OPERATE, AND MAINTAIN FACILITIES. The Secretary of State, acting through the Commissioner, is authorized to act jointly with the appropriate representative of the Government of Mexico and to supervise-- (1) the planning of, and (2) the construction, operation, and maintenance of, the facilities recommended in agreements concluded pursuant to section 2 and approved by the Government of the United States and Mexico. SEC. 3. CONSULTATION WITH THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY AND OTHER AUTHORITIES. The Secretary of State shall consult with the Administrator of the Environmental Protection Agency and other concerned Federal, State, and local government officials in implementing this Act. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary for the United States to fund its share of the cost of the plans, construction, operation, and maintenance of the facilities recommended in agreements concluded pursuant to section 1 and approved by the Governments of the United States and Mexico. SEC. 5. ANNUAL REPORT. (a) In General.--The Secretary of State, acting through the Commissioner, shall prepare an annual report regarding the activities of the International Boundary and Water Commission, including the implementation of this Act, for each fiscal year as provided in subsection (b). Such report shall be submitted to the President, the Speaker of the House of Representatives, and the Majority Leader of the Senate not later than ninety days after the end of each fiscal year. (b) Contents.--The report required under subsection (a) shall include-- (1) a summary of the activities of the Commission during the fiscal year; (2) a review of the international problem of pollution of the areas along the United States-Mexico border caused by discharge of raw and inadequately treated sewage and other wastes from populated areas along the border; (3) a summary of the progress made by the Commissioner during the fiscal year in concluding any agreement authorized under section 1(a); (4) a summary of the recommendations included in any such agreement under consideration or concluded during the fiscal year, as provided in section 1(b); (5) a summary of the progress made toward fulfilling the recommendations included in any such concluded agreement; (6) a summary of the actions taken by the Commissioner to plan, construct, operate, and maintain facilities as authorized under section 2; (7) a summary of the consultations made with the Administrator of the Environmental Protection Agency and other concerned Federal, State, and local government officials as required under section 3; (8) any recommendations that the Commissioner determines will be beneficial in correcting the international problem of pollution of the areas along the United States-Mexico border caused by discharge of raw and inadequately treated sewage and other wastes from populated areas along the border; and (9) such other information as the Commissioner determines is necessary or appropriate.

Authorizes the Secretary of State, acting through the U.S. Commissioner of the International Boundary and Water Commission, to conclude agreements with the Ministry of Foreign Relations of Mexico to correct the problem of pollution along the U.S.-Mexican border caused by discharge of raw and inadequately treated sewage and other pollution related problems along the border. Declares that such agreements should consist of recommendations to the U.S. and Mexican Governments of measures to protect the health and welfare of persons along the border from the effects of pollution. Authorizes the Secretary, acting through the Commissioner, to act jointly with the appropriate representative of the Mexican Government to supervise the planning, construction, and operation of facilities recommended in agreements. Authorizes appropriations.

To authorize the Secretary of State, acting through the Commissioner of the International Boundary and Water Commission, to conclude agreements with the appropriate representative of the Government of Mexico to correct pollution along the U.S.-Mexico border.

SECTION 1. STORAGE OF RAIL CARS. (a) Amendment.--Chapter 109 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 10911. Storage of rail cars ``(a) Storage Plan Requirement.-- ``(1) In general.--A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall submit a storage plan to the Board in accordance with subsection (b) if the rail carrier-- ``(A) has stored any rail cars, including rail cars that the rail carrier owns or leases, on tracks described in paragraph (2) for a period of 3 years or more; and ``(B) continues to store such cars on such tracks on the date of the enactment of this section. ``(2) Covered tracks.--Tracks referred to in paragraph (1)(A)-- ``(A) pass through an area zoned for commercial or residential use; ``(B) were designed or previously used for through transportation of trains; and ``(C) do not include rail yard or storage yard tracks. ``(b) Plan.-- ``(1) Contents.--A storage plan submitted to the Board under subsection (a)(1) shall contain-- ``(A) an explanation of the rail carrier's reasons for storing rail cars on the tracks specified in the plan, including an explanation of why a suitable alternative storage site does not exist; ``(B) a description of the tracks on which the rail cars are stored or will be stored, including the proximity of such tracks to a home or school; ``(C) evidence that the rail carrier has worked with the relevant local community to develop measures described in subparagraph (D); ``(D) a description of measures to be undertaken-- ``(i) to ensure that the rail car storage will not jeopardize the public safety for the duration of the period to which the plan applies; and ``(ii) to mitigate any impacts of the long- term storage of rail cars on the community through which the tracks pass; and ``(E) an estimated time line for the final disposition of the rail cars to be stored on the specified tracks. ``(2) Approval.-- ``(A) In general.--Not later than 6 months after receiving a storage plan under this section, the Board, after public notice and an opportunity for public comment, shall-- ``(i) approve the plan; or ``(ii) disapprove the plan if the Board determines that the storage of rail cars covered by the plan jeopardizes public safety, including the safety of children. ``(B) Basis.--Any determination under subparagraph (A) shall be based on information provided in the storage plan, by the local community, or through public comment. ``(c) Authority.-- ``(1) General rule.--Except as provided in paragraph (2), a rail carrier providing transportation subject to the jurisdiction of the Board under this part may store rail cars as described in subsection (a) only in accordance with a storage plan approved by the Board under subsection (b)(2). ``(2) Interim authority.-- ``(A) In general.--Except as provided in subparagraph (B), the Board shall authorize the temporary storage of rail cars as described in subsection (a) before a storage plan has been approved under subsection (b)(2) if the Board determines that a plan for such storage has been submitted, or is being prepared for submittal in a timely manner, for approval under subsection (b). ``(B) Exception.--The Board may not authorize temporary storage under this paragraph if the Board determines, on its own initiative or pursuant to information provided by the local community, that such storage poses a significant safety hazard, including to the safety of children. ``(d) Enforcement.-- ``(1) Petitions.--The Board shall establish procedures to enable a local governmental entity to petition the Board to enforce the provisions of this section. ``(2) Penalties.--Each rail car stored in violation of this section shall constitute a separate violation for purposes of section 11901(a).''. (b) Table of Sections.--The table of sections for chapter 109 of title 49, United States Code, is amended by adding at the end the following: ``10911. Storage of rail cars.''.

Requires a rail carrier to have a storage plan, meeting specified requirements and approved by the Surface Transportation Board, for any of its rail cars that it stores for three or more years, and continues to store, on tracks (except rail yard or storage yard tracks) that pass through a commercial- or residential-zoned area that were designed or previously used for through transportation of trains.

A bill to prohibit the long-term storage of rail cars on certain railroad tracks unless the Surface Transportation Board has approved the rail carrier's rail car storage plan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tuberculosis (TB) Now Act''. SEC. 2. FINDINGS. Congress finds the following: (1)(A) Tuberculosis is one of the greatest infectious causes of death of adults worldwide, killing 2,000,000 people per year--one person every 15 seconds. (B) Globally, tuberculosis is the leading cause of death of young women and the leading cause of death of people with HIV/ AIDS. (2) An estimated 8,000,000 individuals develop active tuberculosis each year. (3) Tuberculosis is spreading as a result of inadequate treatment and it is a disease that knows no national borders. (4) With over 40 percent of tuberculosis cases in the United States attributable to foreign-born individuals and with the increase in international travel, commerce, and migration, elimination of tuberculosis in the United States depends on efforts to control the disease in developing countries. (5) The threat that tuberculosis poses for Americans derives from the global spread of tuberculosis and the emergence and spread of strains of multi-drug resistant tuberculosis (MDR-TB). (6) Up to 50,000,000 individuals may be infected with multi-drug resistant tuberculosis. (7) In the United States, tuberculosis treatment, normally about $2,000 per patient, skyrockets to as much as $250,000 per patient to treat multi-drug resistant tuberculosis, and treatment may not even be successful. (8) Multi-drug resistant tuberculosis kills more than one- half of those individuals infected in the United States and other industrialized nations and without access to treatment it is a virtual death sentence in the developing world. (9) There is a highly effective and inexpensive treatment for tuberculosis. Recommended by the World Health Organization as the best curative method for tuberculosis, this strategy, known as directly observed treatment, short course (DOTS), includes low-cost effective diagnosis, treatment, monitoring, and recordkeeping, as well as a reliable drug supply. A centerpiece of DOTS is observing patients to ensure that they take their medication and complete treatment. SEC. 3. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, AND CONTROL. (a) Additional Prevention, Treatment, and Control.--Section 104(c)(7)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)(7)(A)) is amended-- (1) in clause (i), by adding at the end before the semicolon the following: ``, by expanding the use of the strategy known as directly observed treatment, short course (DOTS) and strategies to address multi-drug resistant tuberculosis (MDR-TB) where appropriate at the local level, particularly in countries with the highest rate of tuberculosis''; and (2) in clause (ii)-- (A) by inserting after ``the cure of at least 95 percent of the cases detected'' the following: ``by focusing efforts on the use of the directly observed treatment, short course (DOTS) strategy or other internationally accepted primary tuberculosis control strategies''; and (B) by striking ``and the cure'' and inserting ``the cure''. (b) Funding Requirement.--Section 104(c)(7) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)(7)) is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following: ``(B) In carrying out this paragraph, not less than 75 percent of the amount appropriated pursuant to the authorization of appropriations under subparagraph (D) shall be used for the diagnosis and treatment of tuberculosis for at-risk and affected populations utilizing directly observed treatment, short course (DOTS) strategy or other internationally accepted primary tuberculosis control strategies developed in consultation with the World Health Organization (WHO), including funding for the Global Tuberculosis Drug Facility of WHO's Stop TB Partnership.''. (c) Annual Report.--Section 104(c)(7) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)(7)) is amended-- (1) by redesignating subparagraph (C) (as redesignated by this Act) as subparagraph (D); and (2) by inserting after subparagraph (B) the following: ``(C) In conjunction with the transmission of the annual request for enactment of authorizations and appropriations for foreign assistance programs for each fiscal year, the President shall transmit to Congress a report that contains a summary of all programs, projects, and activities carried out under this paragraph for the preceding fiscal year, including a description of the extent to which such programs, projects, and activities have made progress to achieve the goals described in subparagraph (A)(ii).''. (d) Authorization of Appropriations.--Subparagraph (D) of section 104(c)(7) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)(7)), as redesignated by this Act, is amended by striking ``$60,000,000 for each of the fiscal years 2001 and 2002'' and inserting ``$60,000,000 for fiscal year 2001 and $200,000,000 for fiscal year 2002''.

Stop Tuberculosis (TB) Now Act - Amends the Foreign Assistance Act of 1961 to declare that a major objective of the U.S. foreign assistance program is to control tuberculosis (TB). States that consequently Congress expects the agency primarily responsible for the administration of TB control health programs to: (1) coordinate with the World Health Organization and other designated health organizations toward the development and implementation of a comprehensive TB control program, by expanding the use of the strategy of directly observed treatment, short course (DOTS) and strategies to address multi-drug resistant TB (MDR-TB) where appropriate at the local level, particularly in countries with the highest TB rate; and (2) set as a goal the cure of at least 95 percent of TB cases detected by focusing efforts on the use of DOTS strategy or other internationally accepted primary TB control strategies in those countries in which the agency has established development programs by December 31, 2010.

A bill to amend the Foreign Assistance Act of 1961 to provide increased foreign assistance for tuberculosis prevention, treatment, and control.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Coal-Derived Fuels for Energy Security Act of 2008''. SEC. 2. DEFINITIONS. In this Act: (1) Clean coal-derived fuel.-- (A) In general.--The term ``clean coal-derived fuel'' means aviation fuel, motor vehicle fuel, home heating oil, or boiler fuel that is-- (i) substantially derived from the coal resources of the United States; and (ii) refined or otherwise processed at a facility located in the United States that captures up to 100 percent of the carbon dioxide emissions that would otherwise be released at the facility. (B) Inclusions.--The term ``clean coal-derived fuel'' may include any other resource that is extracted, grown, produced, or recovered in the United States. (2) Covered fuel.--The term ``covered fuel'' means-- (A) aviation fuel; (B) motor vehicle fuel; (C) home heating oil; and (D) boiler fuel. (3) Small refinery.--The term ``small refinery'' means a refinery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels. SEC. 3. CLEAN COAL-DERIVED FUEL PROGRAM. (a) Program.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the President shall promulgate regulations to ensure that covered fuel sold or introduced into commerce in the United States (except in noncontiguous States or territories), on an annual average basis, contains the applicable volume of clean coal-derived fuel determined in accordance with paragraph (4). (2) Provisions of regulations.--Regardless of the date of promulgation, the regulations promulgated under paragraph (1)-- (A) shall contain compliance provisions applicable to refineries, blenders, distributors, and importers, as appropriate, to ensure that-- (i) the requirements of this subsection are met; and (ii) clean coal-derived fuels produced from facilities for the purpose of compliance with this Act result in life cycle greenhouse gas emissions that are not greater than gasoline; and (B) shall not-- (i) restrict geographic areas in the contiguous United States in which clean coal- derived fuel may be used; or (ii) impose any per-gallon obligation for the use of clean coal-derived fuel. (3) Relationship to other regulations.--Regulations promulgated under this paragraph shall, to the maximum extent practicable, incorporate the program structure, compliance and reporting requirements established under the final regulations promulgated to implement the renewable fuel program established by the amendment made by section 1501(a)(2) of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 1067). (4) Applicable volume.-- (A) Calendar years 2015 through 2022.--For the purpose of this subsection, the applicable volume for any of calendar years 2015 through 2022 shall be determined in accordance with the following table: Applicable volume of clean coal-derived fuel Calendar year: (in billions of gallons): 2015................................................... 0.75 2016................................................... 1.5 2017................................................... 2.25 2018................................................... 3.00 2019................................................... 3.75 2020................................................... 4.5 2021................................................... 5.25 2022................................................... 6.0. (B) Calendar year 2023 and thereafter.--Subject to subparagraph (C), for the purposes of this subsection, the applicable volume for calendar year 2023 and each calendar year thereafter shall be determined by the President, in coordination with the Secretary and the Administrator of the Environmental Protection Agency, based on a review of the implementation of the program during calendar years 2015 through 2022, including a review of-- (i) the impact of clean coal-derived fuels on the energy security of the United States; (ii) the expected annual rate of future production of clean coal-derived fuels; and (iii) the impact of the use of clean coal- derived fuels on other factors, including job creation, rural economic development, and the environment. (C) Minimum applicable volume.--For the purpose of this subsection, the applicable volume for calendar year 2023 and each calendar year thereafter shall be equal to the product obtained by multiplying-- (i) the number of gallons of covered fuel that the President estimates will be sold or introduced into commerce in the calendar year; and (ii) the ratio that-- (I) 6,000,000,000 gallons of clean coal-derived fuel; bears to (II) the number of gallons of covered fuel sold or introduced into commerce in calendar year 2022. (b) Applicable Percentages.-- (1) Provision of estimate of volumes of certain fuel sales.--Not later than October 31 of each of calendar years 2015 through 2021, the Administrator of the Energy Information Administration shall provide to the President an estimate, with respect to the following calendar year, of the volumes of covered fuel projected to be sold or introduced into commerce in the United States. (2) Determination of applicable percentages.-- (A) In general.--Not later than November 30 of each of calendar years 2015 through 2022, based on the estimate provided under paragraph (1), the President shall determine and publish in the Federal Register, with respect to the following calendar year, the clean coal-derived fuel obligation that ensures that the requirements of subsection (a) are met. (B) Required elements.--The clean coal-derived fuel obligation determined for a calendar year under subparagraph (A) shall-- (i) be applicable to refineries, blenders, and importers, as appropriate; (ii) be expressed in terms of a volume percentage of covered fuel sold or introduced into commerce in the United States; and (iii) subject to paragraph (3)(A), consist of a single applicable percentage that applies to all categories of persons specified in clause (i). (3) Adjustments.--In determining the applicable percentage for a calendar year, the President shall make adjustments-- (A) to prevent the imposition of redundant obligations on any person specified in paragraph (2)(B)(i); and (B) to account for the use of clean coal-derived fuel during the previous calendar year by small refineries that are exempt under subsection (f). (c) Volume Conversion Factors for Clean Coal-Derived Fuels Based on Energy Content.-- (1) In general.--For the purpose of subsection (a), the President shall assign values to specific types of clean coal- derived fuel for the purpose of satisfying the fuel volume requirements of subsection (a)(4) in accordance with this subsection. (2) Energy content relative to diesel fuel.--For clean coal-derived fuels, 1 gallon of the clean coal-derived fuel shall be considered to be the equivalent of 1 gallon of diesel fuel multiplied by the ratio that-- (A) the number of British thermal units of energy produced by the combustion of 1 gallon of the clean coal-derived fuel (as measured under conditions determined by the Secretary); bears to (B) the number of British thermal units of energy produced by the combustion of 1 gallon of diesel fuel (as measured under conditions determined by the Secretary to be comparable to conditions described in subparagraph (A)). (d) Credit Program.-- (1) In general.--The President, in consultation with the Secretary and the clean coal-derived fuel requirement of this section. (2) Market transparency.--In carrying out the credit program under this subsection, the President shall facilitate price transparency in markets for the sale and trade of credits, with due regard for the public interest, the integrity of those markets, fair competition, and the protection of consumers. (e) Waivers.-- (1) In general.--The President, in consultation with the Secretary and the Administrator of the Environmental Protection Agency, may waive the requirements of subsection (a) in whole or in part on petition by 1 or more States by reducing the national quantity of clean coal-derived fuel required under subsection (a), based on a determination by the President (after public notice and opportunity for comment), that-- (A) implementation of the requirement would severely harm the economy or environment of a State, a region, or the United States; or (B) extreme and unusual circumstances exist that prevent distribution of an adequate supply of domestically produced clean coal-derived fuel to consumers in the United States. (2) Petitions for waivers.--The President, in consultation with the Secretary and the Administrator of the Environmental Protection Agency, shall approve or disapprove a State petition for a waiver of the requirements of subsection (a) within 90 days after the date on which the petition is received by the President. (3) Termination of waivers.--A waiver granted under paragraph (1) shall terminate after 1 year, but may be renewed by the President after consultation with the Secretary and the Administrator of the Environmental Protection Agency. (f) Small Refineries.-- (1) Temporary exemption.-- (A) In general.--The requirements of subsection (a) shall not apply to small refineries until calendar year 2018. (B) Extension of exemption.-- (i) Study by secretary.--Not later than December 31, 2013, the Secretary shall submit to the President and Congress a report describing the results of a study to determine whether compliance with the requirements of subsection (a) would impose a disproportionate economic hardship on small refineries. (ii) Extension of exemption.--In the case of a small refinery that the Secretary determines under clause (i) would be subject to a disproportionate economic hardship if required to comply with subsection (a), the President shall extend the exemption under subparagraph (A) for the small refinery for a period of not less than 2 additional years. (2) Petitions based on disproportionate economic hardship.-- (A) Extension of exemption.--A small refinery may at any time petition the President for an extension of the exemption under paragraph (1) for the reason of disproportionate economic hardship. (B) Evaluation of petitions.--In evaluating a petition under subparagraph (A), the President, in consultation with the Secretary, shall consider the findings of the study under paragraph (1)(B) and other economic factors. (C) Deadline for action on petitions.--The President shall act on any petition submitted by a small refinery for a hardship exemption not later than 90 days after the date of receipt of the petition. (3) Opt-in for small refineries.--A small refinery shall be subject to the requirements of subsection (a) if the small refinery notifies the President that the small refinery waives the exemption under paragraph (1). (g) Penalties and Enforcement.-- (1) Civil penalties.-- (A) In general.--Any person that violates a regulation promulgated under subsection (a), or that fails to furnish any information required under such a regulation, shall be liable to the United States for a civil penalty of not more than the total of-- (i) $25,000 for each day of the violation; and (ii) the amount of economic benefit or savings received by the person resulting from the violation, as determined by the President. (B) Collection.--Civil penalties under subparagraph (A) shall be assessed by, and collected in a civil action brought by, the Secretary or such other officer of the United States as is designated by the President. (2) Injunctive authority.-- (A) In general.--The district courts of the United States shall have jurisdiction to-- (i) restrain a violation of a regulation promulgated under subsection (a); (ii) award other appropriate relief; and (iii) compel the furnishing of information required under the regulation. (B) Actions.--An action to restrain such violations and compel such actions shall be brought by and in the name of the United States. (C) Subpoenas.--In the action, a subpoena for a witness who is required to attend a district court in any district may apply in any other district. (h) Effective Date.--Except as otherwise specifically provided in this section, this section takes effect on January 1, 2016.

Clean Coal-Derived Fuels for Energy Security Act of 2008 - Directs the President to promulgate regulations to ensure that aviation fuel, motor vehicle fuel, home heating oil, and boiler fuel sold or introduced into commerce in the United States, on an annual average basis, contains the applicable volume of clean coal-derived fuel, determined in accordance with this Act. Exempts small refineries from compliance with such regulations until 2018. Directs the Secretary of Energy to study and report to the President and Congress on whether compliance with the requirements of this Act would impose a disproportionate economic hardship on small refineries. Requires the President to extend such exemption if it would. Allows a small refinery to: (1) petition the President for an exemption at any time for the reason of disproportionate economic hardship; and (2) opt-in and be subject to such regulations if it notifies the President that it waives the exemption.

To require the inclusion of coal-derived fuel at certain volumes in aviation fuel, motor vehicle fuel, home heating oil, and boiler fuel.

SECTION 1. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED AFTER AUGUST 28, 2005, AND BEFORE DECEMBER 31, 2008. (a) In General.--Section 168 of the Internal Revenue Code of 1986 (relating to accelerated cost recovery system) is amended by adding at the end the following new subsection: ``(l) Special Allowance for Certain Property Acquired After August 28, 2005, and Before December 31, 2008.-- ``(1) Additional allowance.--In the case of any qualified property-- ``(A) the depreciation deduction provided by section 167(a) for the taxable year in which such property is placed in service shall include an allowance equal to 30 percent of the adjusted basis of the qualified property, and ``(B) the adjusted basis of the qualified property shall be reduced by the amount of such deduction before computing the amount otherwise allowable as a depreciation deduction under this chapter for such taxable year and any subsequent taxable year. ``(2) Qualified property.--For purposes of this subsection-- ``(A) In general.--The term `qualified property' means property-- ``(i)(I) to which this section applies which has a recovery period of 20 years or less, ``(II) which is water utility property, or ``(III) which is computer software (as defined in section 167(f)(1)(B)) for which a deduction is allowable under section 167(a) without regard to this subsection, ``(ii) the original use of which commences with the taxpayer after August 28, 2005, ``(iii) which is-- ``(I) acquired by the taxpayer after August 28, 2005, and before December 31, 2008, but only if no written binding contract for the acquisition was in effect before August 29, 2005, or ``(II) acquired by the taxpayer pursuant to a written binding contract which was entered into after August 28, 2005, and before December 31, 2008, and ``(iv) which is placed in service by the taxpayer before January 1, 2009, or, in the case of property described in subparagraph (B), before January 1, 2010. ``(B) Certain property having longer depreciation periods treated as qualified property.-- ``(i) In general.--The term `qualified property' includes property-- ``(I) which meets the requirements of clauses (i), (ii), and (iii) of subparagraph (A), ``(II) which has a recovery period of at least 10 years or is transportation property, ``(III) which is subject to section 263A, and ``(IV) meets the requirements of clause (ii) or (iii) of subsection (f)(1)(B) (determined as if such clauses also apply to property which has a long useful life (within the meaning of section 263A(f))). ``(ii) Only pre-december 31, 2008, basis eligible for additional allowance.--In the case of property which is qualified property solely by reason of clause (i), paragraph (1) shall apply only to the extent of the adjusted basis thereof attributable to manufacture, construction, or production before December 31, 2008. ``(iii) Transportation property.--For purposes of this subparagraph, the term `transportation property' means tangible personal property used in the trade or business of transporting persons or property. ``(C) Exceptions.-- ``(i) Alternative depreciation property.-- The term `qualified property' shall not include any property to which the alternative depreciation system under subsection (g) applies, determined-- ``(I) without regard to paragraph (7) of subsection (g) (relating to election to have system apply), and ``(II) after application of section 280F(b) (relating to listed property with limited business use). ``(ii) Election out.--If a taxpayer makes an election under this clause with respect to any class of property for any taxable year, this subsection shall not apply to all property in such class placed in service during such taxable year. ``(iii) Qualified leasehold improvement property.--The term `qualified property' shall not include any qualified leasehold improvement property (as defined in section 168(e)(6)). ``(D) Special rules.-- ``(i) Self-constructed property.--In the case of a taxpayer manufacturing, constructing, or producing property for the taxpayer's own use, the requirements of clause (iii) of subparagraph (A) shall be treated as met if the taxpayer begins manufacturing, constructing, or producing the property after August 28, 2005, and before December 31, 2008. ``(ii) Sale-leasebacks.--For purposes of subparagraph (A)(ii), if property-- ``(I) is originally placed in service after August 28, 2005, by a person, and ``(II) sold and leased back by such person within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subclause (II). ``(E) Coordination with section 280f.--For purposes of section 280F-- ``(i) Automobiles.--In the case of a passenger automobile (as defined in section 280F(d)(5)) which is qualified property, the Secretary shall increase the limitation under section 280F(a)(1)(A)(i) by $4,600. ``(ii) Listed property.--The deduction allowable under paragraph (1) shall be taken into account in computing any recapture amount under section 280F(b)(2). ``(F) Deduction allowed in computing minimum tax.-- For purposes of determining alternative minimum taxable income under section 55, the deduction under subsection (a) for qualified property shall be determined under this section without regard to any adjustment under section 56.''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after August 28, 2005, in taxable years ending after such date.

Amends the Internal Revenue Code to allow an additional depreciation deduction for certain business property, including water utility property and computer software, acquired after August 28, 2005, and before December 31, 2008.

A bill to amend the Internal Revenue Code of 1986 to provide a special depreciation allowance for certain property acquired during the 3-year period beginning August 29, 2005.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Farm Energy Relief Act of 2006''. SEC. 2. REPEAL OF TAX SUBSIDIES ENACTED BY THE ENERGY POLICY ACT OF 2005 FOR OIL AND GAS. (a) Repeal.--The following provisions, and amendments made by such provisions, of the Energy Policy Act of 2005 are hereby repealed: (1) Section 1323 (relating to temporary expensing for equipment used in refining of liquid fuels). (2) Section 1324 (relating to pass through to owners of deduction for capital costs incurred by small refiner cooperatives in complying with Environmental Protection Agency sulfur regulations). (3) Section 1325 (relating to natural gas distribution lines treated as 15-year property). (4) Section 1326 (relating to natural gas gathering lines treated as 7-year property). (5) Section 1328 (relating to determination of small refiner exception to oil depletion deduction). (6) Section 1329 (relating to amortization of geological and geophysical expenditures). (b) Administration of Internal Revenue Code of 1986.--The Internal Revenue Code of 1986 shall be applied and administered as if the provisions, and amendments, specified in subsection (a) had never been enacted. SEC. 3. FARM DIESEL PURCHASES CREDIT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. FARM DIESEL EXPENSES CREDIT. ``(a) Allowance of Credit.--In the case of a qualified farmer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the farm diesel expenses paid or incurred by the qualified farmer during the taxable year. ``(b) Qualified Farmer.--For purposes of this section, with respect to a taxable year, the term `qualified farmer' means an individual-- ``(1) who is actively engaged in farming, ``(2) whose contributions to a farming operation during the taxable year are at least commensurate with the individual's claimed share of the profits or losses of the farming operation, and ``(3) whose gross income from farming for the taxable year is at least 75 percent of the individual's total gross income from all sources for the taxable year. ``(c) Farm Diesel Expenses.--For purposes of this section, the term `farm diesel expenses' means amounts paid or incurred for the purchase of diesel fuel that is described in section 4082(a) and is intended to be used for farming purposes. ``(d) Termination.--This section shall not apply with respect to farm diesel expenses paid or incurred in taxable years beginning after December 31, 2009.''. (b) Clerical Amendment.--The table of items for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Farm diesel expenses credit.''. (c) Effective Date.--The amendments made by this section shall apply to farm diesel expenses paid or incurred in taxable years beginning after the date of the enactment of this Act. SEC. 4. INCREASE IN SMALL AGRI-BIODIESEL PRODUCER CREDIT FOR QUALIFIED FARMERS. (a) In General.--Paragraph (5) of section 40A(b) of the Internal Revenue Code of 1986 (relating to small agri-biodiesel producer credit) is amended by adding at the end the following new subparagraph: ``(D) Increase for qualified farmers.--In the case of an eligible small agri-biodiesel producer who is a qualified farmer, subparagraph (A) shall be applied by substituting `20 cents' for `10 cents'.''. (b) Qualified Farmer.--Subsection (e) of section 40A of such Code (relating to definitions and special rules for small agri-biodiesel producer credit) is amended by adding at the end the following new paragraph: ``(7) Qualified farmer.--With respect to a taxable year, the term `qualified farmer' means an individual-- ``(A) who is actively engaged in farming, ``(B) whose contributions to a farming operation during the taxable year are at least commensurate with the individual's claimed share of the profits or losses of the farming operation, and ``(C) whose gross income from farming for the taxable year is at least 75 percent of the individual's total gross income from all sources for the taxable year.''. (c) Effective Date.--The amendments by this section shall apply to qualified agri-biodiesel production after December 31, 2006, in taxable years beginning after such date. SEC. 5. ALLOWANCE OF SMALL BIODIESEL PRODUCER CREDIT FOR QUALIFIED FARMERS. (a) In General.--Section 40A of the Internal Revenue Code of 1986 (relating to biodiesel and renewable diesel used as fuel) is amended-- (1) in subsection (a), by striking the period at the end of paragraph (3) and inserting ``, plus'' and by adding at the end the following new paragraph: ``(4) in the case of an eligible small biodiesel producer, the small biodiesel producer credit.'', (2) in subsection (b), by adding at the end the following new paragraph: ``(6) Small biodiesel producer credit.-- ``(A) In general.--The small biodiesel producer credit of any eligible small biodiesel producer for any taxable year is 10 cents for each gallon of qualified biodiesel production of such producer. ``(B) Qualified biodiesel production.--For purposes of this paragraph, the term ``qualified biodiesel production'' means any biodiesel which is produced by an eligible small biodiesel producer, and which during the taxable year-- ``(i) is sold by such producer to another person-- ``(I) for use by such other person in the production of a qualified biodiesel mixture in such other person's trade or business (other than casual off-farm production), ``(II) for use by such other person as a fuel in a trade or business, or ``(III) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or ``(ii) is used or sold by such producer for any purpose described in clause (i). ``(C) Limitation.--The qualified biodiesel production of any producer for any taxable year shall not exceed 15,000,000 gallons.'', and (3) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively, and by inserting after subsection (e) the following new subsection: ``(f) Definitions and Special Rules for Small Biodiesel Producer Credit.--For purposes of this section-- ``(1) Eligible small biodiesel producer.-- ``(A) In general.--The term ``eligible small biodiesel producer'' means a qualified farmer who, at all times during the taxable year, has a productive capacity for biodiesel not in excess of 60,000,000 gallons. ``(B) Qualified farmer.--With respect to a taxable year, the term `qualified farmer' means an individual-- ``(i) who is actively engaged in farming, ``(ii) whose contributions to a farming operation during the taxable year are at least commensurate with the individual's claimed share of the profits or losses of the farming operation, and ``(iii) whose gross income from farming for the taxable year is at least 75 percent of the individual's total gross income from all sources for the taxable year. ``(2) Special rules.--Rules similar to the rules of paragraphs (2), (3), (4), (5), and (6) of subsection (e) shall apply to the small biodiesel producer credit.''. (b) Effective Date.--The amendments made by this section shall apply qualified biodiesel production beginning after December 31, 2006, in taxable years beginning after such date.

Family Farm Energy Relief Act of 2006 - Repeals provisions of the Energy Policy Act of 2005 relating to: (1) the expensing of equipment used in refining of liquid fuels and accelerated depreciation of natural gas distribution and gathering lines; (2) the pass through of tax deductions for environmental compliance costs; (3) the small refiner exception to limitations on the oil depletion tax deduction; and (4) the two-year amortization of geological and geophysical expenditures. Amends the Internal Revenue Code to allow certain farmers actively engaged in farming: (1) a tax credit for 10% of farm diesel fuel expenses through 2009; (2) an increased agri-biodiesel producer tax credit; and (3) a small biodiesel producer tax credit.

To repeal certain tax subsidies enacted by the Energy Policy Act of 2005 for oil and gas, to allow a credit against income tax for farm diesel expenses, and to allow a credit to farmers who produce biodiesel and agri-biodiesel.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm Risk Abatement and Mitigation Election Act of 2012'' or the ``FRAME Act of 2012''. SEC. 2. FARM RISK MANAGEMENT ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. FRAME ACCOUNTS. ``(a) Deduction Allowed.--In the case of a qualified farmer, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of such individual to a FRAME account of such individual. ``(b) Limitation.--The amount allowable as a deduction under subsection (a) shall not exceed the least of the following: ``(1) The taxable income of the taxpayer for the taxable year which is attributable to farming and ranching. ``(2) $50,000. ``(3) $500,000 reduced by the aggregate contributions of the taxpayer to all FRAME accounts of the taxpayer for all taxable years. ``(c) Qualified Farmer.--For purposes of this section, the term `qualified farmer' means, with respect to any taxable year, any individual who, during such year-- ``(1) was actively engaged in the trade or business of farming or ranching, and ``(2) has in effect an agreement with the Secretary of Agriculture with respect to each FRAME account of which the individual is an account beneficiary. ``(d) FRAME Account.--For purposes of this section-- ``(1) In general.--The term `FRAME account' means a trust created or organized in the United States as a FRAME account exclusively for the purpose of making qualified distributions, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted unless it is in cash. ``(B) 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 such person will administer the trust will be consistent with the requirements of this section. ``(C) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(D) The interest of an individual in the balance in his account is nonforfeitable. ``(2) Qualified distribution.--The term `qualified distribution' means any of the following amounts paid from a FRAME account to the account beneficiary: ``(A) Any distributions in a taxable year during which the gross income attributable to farm to which the FRAME account relates is less than 95 percent of the average gross income attributable to such farm for the 5 preceding taxable years, but only so much as does not exceed such difference. ``(B) Any distributions to the extent such distribution does not exceed amounts necessary to protect the solvency of the farm to which the FRAME account relates, as determined by the Secretary. ``(C) Any distributions to the extent such distributions do not exceed amounts paid or incurred to procure revenue or crop insurance with respect to the farm to which the FRAME account relates. ``(3) Account beneficiary.--The term `account beneficiary' means the individual on whose behalf the FRAME account was established. ``(4) Accounts per farm limitation.--The Secretary of Agriculture shall have in effect not more than 4 agreements for FRAME accounts with respect to any farm. The Secretary of Agriculture shall by regulation prescribe rules preventing the avoidance of the preceding limitation through use of multiple entities, related parties, division of farms, or de minimis ownership. ``(5) Other rules.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 219(d)(2) (relating to no deduction for rollovers). ``(B) Section 219(f)(3) (relating to time when contributions deemed made). ``(C) Section 408(g) (relating to community property laws). ``(D) Section 408(h) (relating to custodial accounts). ``(e) Tax Treatment of Accounts.-- ``(1) In general.--A FRAME account is exempt from taxation under this subtitle unless such account has ceased to be a FRAME account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Termination of accounts.--If the account beneficiary ceases to engage in the trade or business of farming or ranching-- ``(A) all FRAME accounts of such individual shall cease to be such accounts, and ``(B) the balance of all such accounts shall be treated as-- ``(i) distributed to such individual, and ``(ii) not paid in a qualified distribution. ``(f) Tax Treatment of Distributions.-- ``(1) In general.--Any amount paid or distributed out of a FRAME account (other than a rollover contribution described in paragraph (4)) shall be included in gross income. ``(2) Additional tax on non-qualified distributions.-- ``(A) In general.--The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from a FRAME account of such beneficiary which is not a qualified distribution shall be increased by 20 percent of the amount of such payment or distribution which is not a qualified distribution. ``(B) Exception for disability or death.-- Subparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. ``(3) Excess contributions returned before due date of return.-- ``(A) In general.--If any excess contribution is contributed for a taxable year to a FRAME account of an individual, paragraph (2) shall not apply to distributions from the FRAME accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if-- ``(i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and ``(ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. ``(B) Excess contribution.--For purposes of subparagraph (A), the term `excess contribution' means any contribution (other than a rollover contribution) which is not deductible under this section. ``(4) Rollover contribution.--An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). ``(A) In general.--For purposes of this section, any amount paid or distributed from a FRAME account to the account beneficiary shall be treated as a qualified distribution to the extent the amount received is paid into a FRAME account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. ``(B) Limitation.--This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a FRAME account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a FRAME account which was not included in the individual's gross income because of the application of this paragraph. ``(5) Transfer of account incident to divorce.--The transfer of an individual's interest in a FRAME account to an individual's spouse or former spouse under a divorce or separation instrument described in subparagraph (A) of section 71(b)(2) shall not be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest shall, after such transfer, be treated as a FRAME account with respect to which such spouse is the account beneficiary. ``(6) Treatment after death of account beneficiary.-- ``(A) Treatment in case of individual designated beneficiary.--If any individual acquires such beneficiary's interest in a FRAME account by reason of being the designated beneficiary of such account at the death of the account beneficiary, such FRAME account shall be treated as if such individual were the account beneficiary. ``(B) Other cases.-- ``(i) In general.--If, by reason of the death of the account beneficiary, any person acquires the account beneficiary's interest in a FRAME account in a case to which subparagraph (A) does not apply-- ``(I) such account shall cease to be a FRAME account as of the date of death, and ``(II) an amount equal to the fair market value of the assets in such account on such date shall be included if such person is not the estate of such beneficiary, in such person's gross income for the taxable year which includes such date, or if such person is the estate of such beneficiary, in such beneficiary's gross income for the last taxable year of such beneficiary. ``(ii) Deduction for estate taxes.--An appropriate deduction shall be allowed under section 691(c) to any person (other than the decedent or the decedent's spouse) with respect to amounts included in gross income under clause (i) by such person. ``(g) Reports.--The Secretary may require the trustee of a FRAME account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, and such other matters as the Secretary determines appropriate. 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 by the Secretary.''. (b) Deduction Allowed Whether or Not Individual Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (20) the following new paragraph: ``(21) FRAME accounts.--The deduction allowed by section 224.''. (c) Tax on Excess Contributions.--Section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended-- (1) by striking ``or'' at the end of subsection (a)(4), by inserting ``or'' at the end of subsection (a)(5), and by inserting after subsection (a)(5) the following new paragraph: ``(6) a FRAME account (within the meaning of section 224(d)),'', and (2) by adding at the end the following new subsection: ``(h) Excess Contributions to FRAME Accounts.--For purposes of this section, in the case of FRAME accounts (within the meaning of section 224(d)), the term `excess contribution' means the sum of-- ``(1) the aggregate amount contributed for the taxable year to the accounts (other than rollover contributions described in section 224(f)(4)) which is not allowable as a deduction under section 224 for such year, and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of-- ``(A) the distributions out of the accounts with respect to which additional tax was imposed under section 224(f)(2), and ``(B) the excess (if any) of-- ``(i) the maximum amount allowable as a deduction under section 224(b) for the taxable year, over ``(ii) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the FRAME account in a distribution to which section 224(f)(3) applies shall be treated as an amount not contributed.''. (d) Tax on Prohibited Transactions.-- (1) Section 4975(c) of such Code (relating to tax on prohibited transactions) is amended by adding at the end the following new paragraph: ``(7) Special rule for frame accounts.--An individual for whose benefit a FRAME account (within the meaning of section 224(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a FRAME account by reason of the application of section 224(e)(2) to such account.''. (2) Section 4975(e)(1) of such Code is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following new subparagraph: ``(F) a FRAME account described in section 224(d),''. (e) Failure To Provide Reports on FRAME Accounts.--Section 6693(a)(2) of such Code (relating to reports) is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following new subparagraph: ``(D) section 224(g) (relating to FRAME accounts),''. (f) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following: ``Sec. 224. FRAME accounts. ``Sec. 225. Cross reference.''. (g) 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. FRAME CONTRIBUTION CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. FRAME CONTRIBUTION CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of a qualified farmer (as defined in section 224(c)), the FRAME contribution credit determined under this section for any taxable year is an amount equal to the applicable percentage of the taxpayer's contributions to any FRAME account of the taxpayer. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage is-- ``(1) in the case of the taxable year during which the first FRAME account of the taxpayer is established, and the 2nd and 3rd taxable years thereafter, 10 percent, ``(2) in the case of the 4th through 5th taxable years thereafter, 5 percent, and ``(3) in the case of the 7th through 9th taxable years thereafter, 3.5 percent. ``(c) Limitation.--Only contributions for which a deduction is allowed under section 224 shall be taken into account under this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the FRAME contribution credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. FRAME contribution credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Farm Risk Abatement and Mitigation Election Act of 2012 or the FRAME Act of 2012 - Amends the Internal Revenue Code to: (1) establish tax-exempt farm risk management accounts (FRAME Accounts) and allow taxpayers actively engaged in the business of farming or ranching to use distributions from such accounts to protect the solvency of the farm to which the FRAME Account relates and to procure revenue or crop insurance; (2) allow a deduction from gross income for cash contributions to such accounts; (3) specify minimum levels of contributions to, and maximum levels of distributions from, such accounts; (4) set forth tax rules relating to account distributions, excess contributions, and prohibited transactions; and (5) allow a variable business-related tax credit for contributions made to a FRAME Account in the first nine years after such Account is established.

To amend the Internal Revenue Code of 1986 to authorize agricultural producers to establish and contribute to tax-exempt farm risk management accounts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Free Families Act of 2008''. SEC. 2. DRUG TESTING PROGRAM FOR APPLICANTS FOR AND RECIPIENTS OF ASSISTANCE UNDER STATE TANF PROGRAMS. (a) State Plan Requirement of Drug Testing Program.--Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at the end the following new paragraph: ``(8) Certification that the state will operate an illegal drug use testing program.-- ``(A) In general.--A certification by the chief executive officer of the State that the State will operate a program to test all applicants for assistance under the State program funded under this part, and all individuals described in subparagraph (B) of section 408(a)(12), for the use of illegal drugs (as defined in subparagraph (G)(i) of such section), and to deny assistance under such State program to individuals who test positive for illegal drug use or who are convicted of drug-related crimes, as required by such section. ``(B) Authority for continued testing.--The program described in subparagraph (A) may include a plan to continue testing individuals receiving assistance under the State program funded under this part for illegal drug use at random or set intervals after the initial testing of such individuals, at the discretion of the State agency administering such State program.''. (b) Requirement That Applicants and Individuals Receiving Assistance Be Tested for Illegal Drug Use.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following new paragraph: ``(12) Requirement for drug testing; denial of assistance for individuals found to have used illegal drugs and individuals convicted of drug-related offenses.-- ``(A) In general.--A State to which a grant is made under section 403 shall not use any part of the grant to provide assistance to any individual who has not been tested for illegal drug use under the program required under section 402(a)(8). ``(B) Transition rule.--In the case of an individual who is receiving assistance under the State program funded under this part on the effective date of the Drug Free Families Act of 2008, or whose application for assistance is approved before such date if such assistance has not begun as of such date, a State may not provide assistance to such individual unless such individual is tested for illegal drug use under the program described in subparagraph (A) after the 3rd month that begins after such date. ``(C) Denial of assistance for individuals who test positive for illegal drug use and individuals convicted of drug-related crimes.--In the case of-- ``(i) an individual who tests positive for illegal drug use under the program described in subparagraph (A); or ``(ii) an individual who is convicted of a drug-related crime after the effective date of the Drug Free Families Act of 2008; the State shall not provide assistance to the individual under the State program funded under this part unless such individual enters and successfully completes (as determined by the State) a drug rehabilitation or treatment program and does not test positive for illegal drug use in the 6-month period beginning on the date the individual enters such rehabilitation or treatment program. During such 6- month period the State may continue to provide assistance to an individual who has not been convicted of a felony drug-related crime, unless the individual tests positive for illegal drug use during such period. The State may test the individual for illegal drug use at random or set intervals, at the discretion of the State, after such period. ``(D) Waiting period after denial of benefits.--In the case of an individual who is denied assistance under subparagraph (C) because of failure to satisfy the requirements of such subparagraph, a State may not provide assistance to such individual under the State program funded under this part at any time during the 2-year period beginning on the date the individual is so denied. ``(E) Permanent denial of assistance after third drug-related denial.--In the case of an individual who is denied assistance under subparagraph (C) 3 times, as a result of 3 separate positive tests for illegal drug use, 3 separate convictions for drug-related crimes (not including convictions that are imposed concurrently in time), or any combination of 3 such separate tests or convictions, a State may not provide assistance to such individual under the State program funded under this part at any time after the 3rd such test or conviction. ``(F) Limitation on waiver authority.--The Secretary may not waive the provisions of this paragraph under section 1115. ``(G) Definitions.--For purposes of this paragraph-- ``(i) Illegal drug.--The term `illegal drug' means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). ``(ii) Drug rehabilitation or treatment program.--The term `drug rehabilitation or treatment program' means a program determined by the State to provide treatment that can lead to the rehabilitation of drug users, but only if such program complies with all applicable Federal, State, and local laws and regulations. ``(iii) Drug-related crime.--The term `drug-related crime' means any crime involving the possession, use, or sale of an illegal drug.''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins on or after the date that is 1 year after the date of the enactment of this Act. (2) Delay permitted if state legislation required.--In the case of a State plan under section 402(a) of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such section 402(a) solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Drug Free Families Act of 2008 - Amends part A (Temporary Assistance for Needy Families (TANF)) of title IV of the Social Security Act to require state TANF programs to implement a program to test TANF applicants and recipients for illegal drug use. Requires state TANF programs to deny assistance to individuals who test positive for illegal drugs and individuals convicted of drug-related crimes.

A bill to amend title IV of the Social Security Act to require States to implement a drug testing program for applicants for and recipients of assistance under the Temporary Assistance for Needy Families (TANF) program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Separate Enrollment and Line Item Veto Act of 2006''. SEC. 2. STRUCTURE OF LEGISLATION. (a) Appropriations Legislation.-- (1) In general.--The Committee on Appropriations of either the House or the Senate shall not report an appropriation measure that fails to contain such level of detail on the allocation of an item of appropriation proposed by that House as is set forth in the committee report accompanying such bill. (2) Point of order.--If an appropriation measure is reported to the House or Senate that fails to contain the level of detail on the allocation of an item of appropriation as required in paragraph (1), it shall not be in order in that House to consider such measure. If a point of order under this paragraph is sustained, the measure shall be recommitted to the Committee on Appropriations of that House. (b) Authorization Legislation.-- (1) In general.--A committee of either the House or the Senate shall not report an authorization measure that contains new direct spending or new targeted tax benefits unless such measure presents each new direct spending or new targeted tax benefit as a separate item and the accompanying committee report for that measure shall contain such level of detail as is necessary to clearly identify the allocation of new direct spending or new targeted tax benefits. (2) Point of order.--If an authorization measure is reported to the House or Senate that fails to comply with paragraph (1), it shall not be in order in that House to consider such measure. If a point of order under this paragraph is sustained, the measure shall be recommitted to the committee of jurisdiction of that House. (c) Conference Reports.-- (1) Appropriations.--A committee of conference to which is committed an appropriations measure shall not file a conference report in either House that fails to contain the level of detail on the allocation of an item of appropriation as is set forth in the statement of managers accompanying that report. (2) Authorizations.--A committee of conference to which is committed an authorization measure shall not file a conference report in either House unless such measure presents each direct spending or targeted tax benefit as a separate item and the statement of managers accompanying that report clearly identifies each such item. (3) Point of order.--If a conference report is presented to the House or Senate that fails to comply with either paragraph (1) or (2), it shall not be in order in that House to consider such conference report. If a point of order under this paragraph is sustained in the House to first consider the conference report, the measure shall be deemed recommitted to the committee of conference. SEC. 3. WAIVERS AND APPEALS. Any provision of section 2 may be waived or suspended in the House or Senate only by an affirmative vote of three-fifths of the Members of that House duly chosen and sworn. An affirmative vote of three-fifths of the Members duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under that section. SEC. 4. SEPARATE ENROLLMENT. (a) In General.-- (1) Enrollment.--Notwithstanding any other provision of law, when any appropriation or authorization measure first passes both Houses of Congress in the same form, the Secretary of the Senate (in the case of a measure originating in the Senate) or the Clerk of the House of Representatives (in the case of a measure originating in the House of Representatives) shall disaggregate the items as referenced in section 6(4) and assign each item a new bill number. After disaggregation each item shall be treated as a separate bill to be considered as provided in subsection (b). The remainder of the bill not so disaggregated shall constitute a separate bill and shall be considered with the other disaggregated bills pursuant to subsection (b). (2) Form.--A bill that is required to be disaggregated into separate bills pursuant to paragraph (1)-- (A) shall be disaggregated without substantive revision; and (B) shall bear the designation of the measure of which it was an item prior to such disaggregation, together with such other designation as may be necessary to distinguish such measure from other measures disaggregated pursuant to paragraph (1) with respect to the same measure. (b) Procedure.--The new bills resulting from the disaggregation described in subsection (a)(1) shall be immediately placed on the appropriate calendar in the House of origination, and upon passage, placed on the appropriate calendar in the other House. They shall be the next order of business in each House and they shall be considered and voted on en bloc and shall not be subject to amendment. A motion to proceed to the bills shall be nondebatable. Debate in the House of Representatives or the Senate on the bill shall be limited to not more than 1 hour, which shall be divided equally between the majority leader and the minority leader. A motion further to limit debate is not debatable. A motion to recommit the bills is not in order, and it is not in order to move to reconsider the vote by which the bills are agreed to or disagreed to. SEC. 5. VETO OF BILL. (a) Deficit Reduction.--Amounts of budget authority, new direct spending, and revenues represented by a new targeted tax benefit contained in a bill enacted under this Act that is vetoed (with such veto not overridden by Congress) shall be dedicated only to deficit reduction and shall not be used as an offset for other spending increases. (b) Adjustments to Committee Allocations.--Not later than 5 days after the date a veto described in subsection (a) is no longer subject to override, the chairs of the Committees on the Budget of the Senate and the House of Representatives shall revise levels under section 311(a) of the Congressional Budget Act of 1974 and adjust the committee allocations under section 302(a) of the Congressional Budget Act of 1974 to reflect the rescission, and the appropriate committees shall report revised allocations pursuant to section 302(b) of the Congressional Budget Act of 1974, as appropriate. SEC. 6. DEFINITIONS. In this title: (1) Appropriation measure.--The term ``appropriation measure'' means any general or special appropriation bill or any bill or joint resolution making supplemental, deficiency, or continuing appropriations. (2) Authorization measure.--The term ``authorization measure'' means any measure other than an appropriations measure that contains a provision providing direct spending or targeted tax benefits. (3) Direct spending.--The term ``direct spending'' shall have the same meaning given to such term in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985. (4) Item.--The term ``item'' means-- (A) with respect to an appropriations measure-- (i) any numbered section, (ii) any unnumbered paragraph, or (iii) any allocation or suballocation of an appropriation, made in compliance with section 2(a), contained in a numbered section or an unnumbered paragraph but shall not include a provision which does not appropriate funds, direct the President to expend funds for any specific project, or create an express or implied obligation to expend funds and-- (I) rescinds or cancels existing budget authority; (II) only limits, conditions, or otherwise restricts the President's authority to spend otherwise appropriated funds; or (III) conditions on an item of appropriation not involving a positive allocation of funds by explicitly prohibiting the use of any funds; and (B) with respect to an authorization measure-- (i) any numbered section, or (ii) any unnumbered paragraph, that contains new direct spending or a new targeted tax benefit presented and identified in conformance with section 2(b). (5) Targeted tax benefit.--The term ``targeted tax benefit'' means any provision-- (A) estimated by the Joint Committee on Taxation as losing revenue for any one of the three following periods-- (i) the first fiscal year covered by the most recently adopted concurrent resolution on the budget; (ii) the period of the 5 fiscal years covered by the most recently adopted concurrent resolution on the budget; or (iii) the period of the 5 fiscal years following the first 5 years covered by the most recently adopted concurrent resolution on the budget; and (B) having the practical effect of providing more favorable tax treatment to a particular taxpayer or limited group of taxpayers when compared with other similarly situated taxpayers. SEC. 7. JUDICIAL REVIEW. (a) Expedited Review.-- (1) Member of congress.--Any Member of Congress may bring an action, in the United States District Court for the District of Columbia, for declaratory judgment and injunctive relief on the ground that a provision of this Act violates the Constitution. (2) Intervention by houses.--A copy of any complaint in an action brought under paragraph (1) shall be promptly delivered to the Secretary of the Senate and the Clerk of the House of Representatives, and each House of Congress shall have the right to intervene in such action. (3) Panel.--Any action brought under paragraph (1) shall be heard and determined by a three-judge court in accordance with section 2284 of title 28, United States Code. (4) Authority of houses.--Nothing in this section or in any other law shall infringe upon the right of the House of Representatives or the Senate to intervene in an action brought under paragraph (1) without the necessity of adopting a resolution to authorize such intervention. (b) Appeal to Supreme Court.--Notwithstanding any other provisions of law, any order of the United States District Court for the District of Columbia which is issued pursuant to an action brought under paragraph (1) of subsection (a) shall be reviewable by appeal directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after such order is entered; and the jurisdictional statement shall be filed within 30 days after such order is entered. No stay of an order issued pursuant to an action brought under paragraph (1) of subsection (a) shall be issued by a single Justice of the Supreme Court. (c) Expedited Consideration.--It shall be the duty of the 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 any matter brought under subsection (a). (d) Severability.--If any provision of this Act, or the application of such provision to any person or circumstance is held unconstitutional, the remainder of this Act and the application of the provisions of such Act to any person or circumstance shall not be affected thereby.

Separate Enrollment and Line Item Veto Act of 2006 - Prohibits the congressional appropriations committees from reporting any appropriations measure that fails to contain the same level of detail on the allocation of a proposed item of appropriations set forth in the accompanying committee report. Prohibits any congressional committee from reporting an authorization measure that contains new direct spending or a new targeted tax benefit unless it presents each as a separate item, and the accompanying committee report contains a level of detail clearly indentifying its allocation. Prohibits a conference committee from filing a conference report that fails to contain the level of detail and the separate itemization of each direct spending or targeted tax benefit required by this Act. Makes it out of order in the House to consider any measure reported or presented in violation of this Act. Provides for separate enrollment of each item of every appropriation and authorization measure containing new direct spending or new targeted tax benefits passed by Congress in the same form. Requires amounts of budget authority, new direct spending, and revenues represented by a new targeted tax benefit contained in an Act that is vetoed (and not overridden by Congress) to be dedicated only to deficit reduction, and not to be used as an offset for other spending increases. Requires adjustments to congressional committee allocations resulting from such a veto. Provides for expedited judicial review of this Act.

A bill to grant the power to the President to reduce budget authority.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Nuclear Agreement Accountablity Act''. SEC. 2. CONGRESSIONAL REVIEW OF NUCLEAR AGREEMENTS WITH IRAN. (a) Congressional Review of Nuclear Agreements With Respect to Iran.-- (1) In general.--Beginning on the date of the enactment of this Act, the President, within three days of the conclusion of any agreement between the United States, any other party, and the Islamic Republic of Iran related to Iran's nuclear program, shall submit such agreement to Congress. (2) Procedures for review.-- (A) In general.--During the 15-day period beginning on the date on which the President submits an agreement under paragraph (1), the Committees on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives shall review any such agreement and may hold hearings or briefings, as appropriate. (B) Expedited procedures for a joint resolution of approval or disapproval.-- (i) In general.--During the 15-day period beginning on the day after the period for review provided for in subparagraph (A), a joint resolution of approval or a joint resolution of disapproval may be introduced in the House of Representatives by the Speaker, the minority leader, or their respective designee, or in the Senate by the majority leader, the minority leader, or their respective designee, and may not be amended. (ii) Referral.--A joint resolution of approval or a joint resolution of disapproval introduced under clause (i) in the Senate shall be referred to the Committee on Foreign Relations and a joint resolution of approval or a joint resolution of disapproval introduced under clause (i) in the House of Representatives shall be referred to the Committee on Foreign Affairs. (iii) Committee discharge and floor consideration.--The provisions of subsections (c) through (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192) (relating to committee discharge and floor consideration of certain resolutions in the House of Representatives and the Senate) apply to a joint resolution of approval or a joint resolution of disapproval under this subsection to the same extent that such subsections apply to joint resolutions under such section 152, except that-- (I) subsection (c)(1) shall be applied and administered by substituting ``10 days'' for ``30 days''; and (II) subsection (f)(1)(A)(i) shall be applied and administered by substituting ``Committee on Foreign Relations'' for ``Committee on Finance''. (iv) Rules of the house of representatives and the senate.--This subsection is enacted by Congress-- (I) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (II) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (v) Definitions.--In this subsection-- (I) the term ``joint resolution of approval'' means only a joint resolution of the 2 Houses of Congress, the sole matter after the resolving clause of which is as follows: ``That Congress approves of the agreement between the United States and the Islamic Republic of Iran submitted by the President to Congress under section 2(a) of the Iran Nuclear Agreement Accountablity Act on ____.'', with the blank space being filled with the appropriate date; and (II) the term ``joint resolution of disapproval'' means only a joint resolution of the 2 Houses of Congress, the sole matter after the resolving clause of which is as follows: ``That Congress disapproves of the agreement between the United States and the Islamic Republic of Iran submitted by the President to Congress under section 2(a) of the Iran Nuclear Agreement Accountablity Act on ____.'', with the blank space being filled with the appropriate date. (b) Rule of Construction.--Nothing in this section or any action taken pursuant to this section shall be construed as approval of any sanctions relief in connection with any agreement with respect to Iran's nuclear program.

Iran Nuclear Agreement Accountability Act - Directs the President, within three days of the conclusion of any agreement between the United States, any other party, and the Islamic Republic of Iran related to Iran's nuclear program, to submit such agreement to Congress. Sets forth expedited procedures for a joint congressional resolution of approval or disapproval of any such agreement. States that nothing in this Act shall be construed as approval of sanctions relief in connection with any agreement regarding Iran's nuclear program.

Iran Nuclear Agreement Accountablity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Systemic Risk Mitigation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Average daily closing price.-- (A) In general.--The term ``average daily closing price'' means the average daily closing price of a credit default swap on long-term subordinated debt of a bank holding company during a 30-day period. (B) Regulations.--The Board, through regulations, shall develop a method to determine the daily closing price of a credit default swap on long-term subordinated debt of a bank holding company and shall calculate the average daily closing price accordingly. (2) Bank holding company.--The term ``bank holding company'' has the same meaning given such term in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841), but shall only include such companies with total consolidated assets greater than or equal to $50,000,000,000. (3) Board.--The term ``Board'' means the Board of Governors of the Federal Reserve System. (4) Credit default swap.--The term ``credit default swap'' has the same meaning given the term ``swap agreement'' in section 206A of the Gramm-Leach-Bliley Act (15 U.S.C. 78c nt). (5) Long-term subordinated debt.--The term ``long-term subordinated debt'' means unsecured bonds or other debt instruments issued by a bank holding company that-- (A) is subordinated to the claims of depositors or general creditors; and (B) has a maturity date not less than 5 years. (6) Stress test.-- (A) In general.--The term ``stress test'' means an evaluation designed by the Board to determine whether a bank holding company-- (i) has the capital, on a total consolidated basis, necessary to absorb losses as a result of adverse economic conditions; and (ii) is sufficiently capitalized to meet systemically important obligations. (B) Regulations.--The term ``systemically important obligation'' shall be defined in regulations prescribed by the Board. (7) Tier 1 capital.--The term ``tier 1 capital'' has the same meaning given in part 225 of title 12, Code of Federal Regulations, as in effect on the date of enactment of this Act, or any successor thereto. SEC. 3. MARKET-BASED TRIGGER TO DETERMINE ADEQUACY OF CAPITAL. (a) Market-Based Trigger.-- (1) Greater than 50 basis points.-- (A) In general.--In the case that the average daily closing price exceeds 50 basis points-- (i) the Board shall notify the bank holding company that it needs to raise additional tier 1 capital in order to reduce such closing price below 50 basis points; (ii) not later than 14 days (or less if the Board makes a determination that conditions warrant a shorter period of time) after such notification under clause (i), such company shall submit to the Board an action plan detailing how the company intends on remediating its capital deficiency; (iii) such company has 30 days to implement the plan submitted under clause (ii) after such plan is approved by the Board; and (iv) if after the end of the 30-day period described in clause (iii) the average daily closing price exceeds 50 basis points, the Board and such company shall repeat clause (i) through (iii) until such closing price is less than or equal to 50 basis points. (B) Appeal.-- (i) In general.--A bank holding company may appeal the findings of the Board under subparagraph (A) and request that the Board conduct a stress test. (ii) Tolling.--An appeal made pursuant to clause (i) shall toll any deadline specified under subparagraph (A) until the conclusion of the appeals process. (iii) Capital deficiency.--If the Board determines, after conducting a stress test pursuant to clause (i), that the bank holding company has a capital deficiency, the Board and the bank holding company shall repeat clause (i) through (iii) of subparagraph (A) in accordance with clause (iv) of such subparagraph. (2) Greater than 75 basis points.--In the case that the average daily closing price exceeds 75 basis points-- (A) the Board shall notify the bank holding company in accordance with clause (i) of paragraph (1)(A); (B) such company shall submit and implement an action plan in accordance with clause (ii) and (iii) of paragraph (1)(A); (C) the Board may suspend or limit dividends paid by the bank holding company until such company's average daily closing price is less than or equal to 50 basis points; (D) the Board shall notify the company that it will be placed into receivership in accordance with paragraph (3) if the average daily closing price exceeds 100 basis points; (E) the Board shall conduct a stress test; and (F) if the Board determines, after conducting a stress test pursuant to subparagraph (E), that such company has a capital deficiency, not later than 14 days (or less if the Board makes a determination that conditions warrant a shorter period of time) after such stress test is completed, such company shall submit and implement an action plan in accordance with clause (ii) and (iii) of paragraph (1)(A). (3) Greater than 100 basis points.--In the case that the average daily closing price exceeds 100 basis points, the Board shall place the company into receivership in accordance with the orderly liquidation authority provided under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381 et seq.). (b) Failure To Submit Action Plan.--A failure by a bank holding company to submit an action plan pursuant to subsection (a) within the time period required under such subsection shall result in the Board placing such company into receivership as described in subsection (a)(3). (c) Limitation on Claims for Holders of Long-Term Subordinated Debt.--Any entity that is a holder of long-term subordinated debt of a bank holding company that has been placed into receivership pursuant to this section shall receive the lesser of-- (1) 80 percent of the face value of such debt; or (2) the residual value of such company after all other claims of other creditors have been satisfied. (d) Subordinated Debt Requirement.-- (1) In general.--The Board shall require each bank holding company to issue and maintain long-term subordinated debt in an amount greater than or equal to 15 percent of the total consolidated assets of such company. (2) Deadline.--A bank holding company shall meet the requirement set forth in paragraph (1) no later than the effective date of this section. (3) Failure to meet requirement.--If a bank holding company fails to meet the requirement set forth in paragraph (1), such company shall submit a plan to the Board describing the steps the company will take to meet such requirement. (e) Effective Date.--This section shall take effect 2 years after the date of the enactment of this Act. SEC. 4. REPEAL. (a) Prohibitions on Proprietary Trading.--Section 13 of the Bank Holding Company Act of 1956 (12 U.S.C. 1851) is repealed. (b) Enhanced Prudential Standards.--Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365) is repealed.

Systemic Risk Mitigation Act - Establishes a framework for a market-based trigger to monitor and regulate the adequacy of bank capital of those bank holding companies whose total consolidated assets are $50 billion or more. Directs the Board of Governors of the Federal Reserve System to notify a bank holding company whose average daily closing price exceeds either 50 basis points, or 75 basis points, that it must raise additional tier 1 capital in order to reduce such thresholds. Requires the Board to place into receivership a bank holding company whose average daily closing price exceeds 100 basis points, in accordance with the orderly liquidation authority provided under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Subjects to receivership a bank holding company that, after notification by the Board, fails to submit an action plan required under this Act. Sets forth a limitation upon claims of holders of the long-term subordinated debt of a bank holding company that has been placed into receivership. Directs the Board to require each bank holding company to issue and maintain long-term subordinated debt of at least 15% of its total consolidated assets. Amends the Bank Holding Company Act of 1956 to repeal prohibitions against proprietary trading and certain relationships with hedge funds and private equity funds. Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to repeal requirements for enhanced supervision and prudential standards for Board-supervised nonbank financial companies and certain bank holding companies.

Systemic Risk Mitigation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``State and Local Education Flexibility Act of 2005''. SEC. 2. AMENDMENTS TO ESEA. (a) Limited English Proficient Students.--Section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended-- (1) in paragraph (2)(C)-- (A) in clause (vi), by striking ``and'' at the end; (B) in clause (vii), by striking the period at the end and inserting ``; and'' ; and (C) by adding at the end the following: ``(viii) at the State's discretion on a case-by-case basis, may not include the performance of any limited English proficient student if-- ``(I) the student has not been enrolled for 3 full school years in an elementary school or secondary school in the State; and ``(II) the parents of the student, and the school administrator or team of educators designated by the student's school for making limited English proficiency placement and assessment decisions, agree that such an exclusion is educationally appropriate for the student.''; (2) in clause (ii) of paragraph (2)(I), by inserting ``is subject to paragraph (3)(C)(xvi),'' after ``except that the 95 percent requirement described in this clause''; (3) in paragraph (3)(C)-- (A) in clause (xiv), by striking ``and'' at the end; (B) in clause (xv), by striking the period at the end and inserting ``; and'' ; and (C) by adding at the end the following: ``(xvi) notwithstanding clause (ix)(III), at the State's discretion on a case-by-case basis, not include any limited English proficient student if-- ``(I) the student is enrolled in his or her first full school year in an elementary school or secondary school in the State; and ``(II) the parents of the student, and the school administrator or team of educators designated by the student's school for making limited English proficiency placement and assessment decisions, agree that such an exclusion is educationally appropriate for the student.''; and (4) in paragraph (7), by adding at the end the following: ``Notwithstanding the preceding sentence, a State plan may provide for the exclusion from such annual assessment of English proficiency of any limited English proficient student if (A) the student is enrolled in his or her first full school year in an elementary or secondary school in the State; and (B) the parents of the student, and the school administrator or team of educators designated by the student's school for making limited English proficiency placement and assessment decisions, agree that such an exclusion is educationally appropriate for the student.'' (b) Consideration of Graduation Rates in AYP.--Clause (vi) of section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) is amended by inserting ``, except that, at the discretion of the State, such graduation rates may include (I) any student who has exceptional circumstances and graduates from secondary school with a regular diploma in not more than 5 years, (II) any qualified child with a disability (as that term is defined in paragraph (3)(C)(11)) who graduates from secondary school with a regular diploma before attaining an age established by State law, and (III) any qualified child with a disability (as that term is defined in paragraph (3)(C)(11)) who satisfies such alternative challenging academic content and achievement standards as the State may establish for the child to complete secondary school in a reasonable period of time'' after ``in the standard number of years''. (c) Children With Disabilities.--Subsection (b) of section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended-- (1) in subparagraph (B) of paragraph (1), by striking ``The academic standards'' and inserting ``Subject to paragraph (11), the academic standards''; (2) in clause (i) of paragraph (2)(C), by striking ``applies the same high standards'' and inserting ``subject to paragraph (11), applies the same high standards''; (3) in clause (i) of paragraph (3)(C), by striking ``be the same academic assessments'' and inserting ``subject to paragraph (11), be the same academic assessments''; and (4) by adding at the end the following: ``(11) Children with disabilities.-- ``(A) Relation to iep.--Subject to the requirements of subparagraphs (B) and (C), with respect to a qualified child with a disability, a State plan may provide for modification of the challenging academic content standards and challenging student academic achievement standards required by paragraph (1)(A), the high standards of academic achievement described in paragraph (2)(C)(i), and the yearly student academic assessments described in paragraph (3), to align such standards and assessments with the child's individualized education program. ``(B) Parental consent.--A State plan may not provide for modification pursuant to subparagraph (A) of any standard or assessment unless the parents of the child involved agree that such modification is educationally appropriate for the child. ``(C) Progressively higher level of instruction.-- In the case of a qualified child with a disability who has a significant cognitive impairment, but not a severe cognitive impairment, any modification pursuant to subparagraph (A) of any standard or assessment applicable to the child shall continue to require a progressively higher level of instruction each year. ``(D) Rule of construction.--This paragraph shall not be construed to give rise to any new right under the Individuals with Disabilities Education Act, to expand the definition of a child with a disability under that Act, or to otherwise affect any provision of that Act. ``(E) Definitions.--In this paragraph: ``(i) The term `individualized education program' has the meaning given to that term in section 602 of the Individuals with Disabilities Education Act. ``(ii) The term `qualified child with a disability' means a child who receives services under the Individuals with Disabilities Education Act and has been certified by a licensed health care professional or a multidisciplinary team (established in accordance with State guidelines and including a licensed health care professional) as a child with severe or significant cognitive impairment that prevents learning consistent with the child's age group.''. (d) Local Development of Assessments.--Paragraph (3) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) is amended by adding at the end the following: ``(E) Local development of assessments.-- ``(i) In general.--Notwithstanding subparagraphs (A) and (C)(i), a State educational agency may authorize a local educational agency, or school, in the State to develop and implement the student academic assessments required by this paragraph with respect to the students served by the local educational agency or school, respectively. ``(ii) Same assessment.--Subject to paragraph (11), any assessment developed and implemented by a local educational agency or school pursuant to this subparagraph shall be the same academic assessment used to measure the achievement of all children served by the local educational agency or school, respectively. ``(iii) State responsibility.-- If a State educational agency chooses to authorize a local educational agency, or school, in the State to develop and implement assessments pursuant to this subparagraph, the State educational agency shall be responsible for demonstrating in the State plan that each such assessment complies with the requirements of this paragraph.''. (e) Multiple Assessments.-- (1) In general.--Paragraph (3) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) (as amended by subsection (d)) is amended by adding at the end the following: ``(F) Rule of construction.--Notwithstanding subparagraph (A), this paragraph shall not be construed to prohibit the development and implementation of the student academic assessments required by this section through the use of multiple assessments of high technical quality integrated into a school's curriculum and distributed throughout the course of the school year.''. (2) Participation requirement.--Clause (ii) of section 1111(b)(2)(I) (20 U.S.C. 6311(b)(2)(I)) (as amended by subsection (a)(2)) is amended by inserting ``, and shall be a 75 percent annual average requirement in a case in which the school implements academic assessments for purposes of paragraph (3) through the use of multiple assessments integrated into a school's curriculum and distributed throughout the course of the school year'' before the close parenthesis at the end. (f) Highly Qualified Special Education and Rural Teachers.--Clause (I) of section 9101(23)(B)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)(B)(ii)) is amended by inserting ``(except that, at the discretion of the State, a special education teacher or a teacher in a rural school may satisfy the requirements of this subclause by passing such a rigorous State academic subject test in any 1 subject in which the teacher teaches if, with respect to each other academic subject in which the teacher teaches, the teacher works in close consultation, either in-person or through high-quality distance education or consultation, with another teacher who is highly qualified in such other academic subject)'' before the semicolon. SEC. 3. STUDY ON THE ADEQUACY OF ESEA FUNDING. (a) Study.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study to determine for each of school years 2001-2002, 2002-2003, and 2003-2004, the following: (1) The amount of costs incurred by local educational agencies and schools as a result of efforts to comply with the provisions of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). (2) The amount of funds received by local educational agencies and schools under such part A. (b) Regular Educational Expenses.--In making a determination of costs under subsection (a)(1), the Comptroller General shall exclude educational costs that would be incurred by local educational agencies and schools irrespective of efforts to comply with the provisions of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). (c) Samples.--The Comptroller General shall make sample determinations under paragraphs (1) and (2) of subsection (a) for-- (1) at least 1 local educational agency and 1 school in a rural area in each State; and (2) at least 1 local educational agency and 1 school in an urban area in each State. (d) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report to the Congress on the results of the study conducted under this section. (e) Subsequent Study and Reports.--The Comptroller General shall conduct additional study under this section and submit a revised report to the Congress-- (1) not later than 2 years after the date of the enactment of this Act, containing determinations on the amounts described in paragraphs (1) and (2) of subsection (a) for school year 2005-2006; and (2) not later than 3 years after the date of the enactment of this Act, containing determinations on the amounts described in paragraphs (1) and (2) of subsection (a) for school year 2006-2007. SEC. 4. STUDY ON FEASIBILITY OF MEASURING INDIVIDUAL STUDENT ACADEMIC ACHIEVEMENT. (a) Study.--The Secretary of Education (in this section referred to as the ``Secretary'') shall enter into an arrangement with a reputable, nonpartisan educational research entity to conduct a study-- (1) to assess the feasibility of measuring student academic achievement on an individual basis over a period of time for purposes of determining whether a school is making adequate yearly progress; and (2) to identify States and local educational agencies that already have in effect longitudinal data systems that could be used for such measurements. (b) Considerations.--In conducting the study under this section, the Secretary shall consider the following: (1) Privacy issues, including-- (A) who would have access to information on individual student academic achievement; and (B) how such information would be maintained in a confidential manner. (2) Ensuring against labeling of students. (3) Costs. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the results of the study conducted under this section.

State and Local Education Flexibility Act of 2005 - Amends the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, to revise accountability requirements of title I part A assistance for basic programs operated by local educational agencies (LEAs) to improve the academic achievement of the disadvantaged (ESEA I-A). Provides for State and local flexibility, under specified conditions, to: (1) exclude from adequate yearly progress and academic assessments the performance of certain limited English proficient students; (2) modify academic content and achievement standards in the individual education plans of students with disabilities; (3) develop assessments locally and use multiple assessments; and (4) have alternative qualification requirements for special education teachers and rural teachers. Directs the Comptroller General to study the amounts LEAs and schools receive from ESEA I-A, and the costs to them in complying with it. Directs the Secretary of Education to arrange with an educational research entity to assess feasibility of measuring individual academic achievement.

To amend the accountability provisions of part A of title I of the Elementary and Secondary Education Act of 1965, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Goaling Act of 2012''. SEC. 2. GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS CONCERNS. (a) Heading.--Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended by striking the subsection enumerator and inserting the following: ``(g) Goals for Procurement Contracts Awarded to Small Business Concerns.--''. (b) Governmentwide Goals.--Paragraph (1) of section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended to read as follows: ``(1) Governmentwide goals.--The President shall annually establish Governmentwide goals for procurement contracts awarded to small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women in accordance with the following: ``(A) The Governmentwide goal for participation by small business concerns shall be established at not less than 25 percent of the total value of all prime contract awards for each fiscal year and 40 percent of the total value of all subcontract awards for each fiscal year. ``(B) The Governmentwide goal for participation by small business concerns owned and controlled by service-disabled veterans shall be established at not less than 3 percent of the total value of all prime contract and at not less than 3 percent of the total value of all subcontract awards for each fiscal year. ``(C) The Governmentwide goal for participation by qualified HUBZone small business concerns shall be established at not less than 3 percent of the total value of all prime contract and at not less than 3 percent of the total value of all subcontract awards for each fiscal year. ``(D) The Governmentwide goal for participation by small business concerns owned and controlled by socially and economically disadvantaged individuals shall be established at not less than 5 percent of the total value of all prime contract and at not less than 5 percent of the total value of all subcontract awards for each fiscal year. ``(E) The Governmentwide goal for participation by small business concerns owned and controlled by women shall be established at not less than 5 percent of the total value of all prime contract and at not less than 5 percent of the total value of all subcontract awards for each fiscal year. ``(F) The Administrator shall ensure that the cumulative annual prime contract goals for all agencies meet or exceed the annual Government-wide prime contract goal established by the President pursuant to this paragraph.''. (c) Agency Goals.--Paragraph (2) of section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended to read as follows: ``(2) Agency goals.-- ``(A) Establishment.--The head of each Federal agency shall annually establish, for the agency that individual heads, goals for procurement contracts awarded to small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. ``(B) Relationship to governmentwide goals.-- ``(i) Scope.--The goals established by the head of a Federal agency under subparagraph (A) shall be in the same format as the goals established by the President under paragraph (1) and shall address both prime contract and subcontract awards. ``(ii) Requirement to meet or exceed governmentwide goals.--The participation percentage applicable to each goal for a fiscal year established under subparagraph (A) for small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women may not be less than the participation percentage applicable to the Governmentwide goal for such fiscal year established under paragraph (1) for such category. ``(C) Consultation required.-- ``(i) In general.--In establishing goals under subparagraph (A), the head of each Federal agency shall consult with the Administrator. ``(ii) Disagreements.--If the Administrator and the head of a Federal agency fail to agree on a goal established under subparagraph (A), the disagreement shall be submitted to the Administrator for Federal Procurement Policy for final determination. ``(D) Plan for achieving goals.--After establishing goals under subparagraph (A) for a fiscal year, the head of each Federal agency shall develop a plan for achieving such goals, which shall apportion responsibilities among the employees of such agency having procurement powers. ``(E) Expanded participation.--In establishing goals under subparagraph (A), the head of each Federal agency shall make a consistent effort to annually expand participation by small business concerns from each industry category in procurement contracts of such agency, including participation by small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. ``(F) Consideration.--The head of each Federal agency, in attempting to attain expanded participation under subparagraph (E), shall consider-- ``(i) contracts awarded as the result of unrestricted competition; and ``(ii) contracts awarded after competition restricted to eligible small business concerns under this section and under the program established under section 8(a). ``(G) Communication regarding goals.-- ``(i) Importance of achieving goals.--Each procurement employee or program manager described in clause (ii) shall communicate to the subordinates of the procurement employee or program manager the importance of achieving goals established under subparagraph (A). ``(ii) Procurement employees or program managers described.--A procurement employee or program manager described in this clause is a senior procurement executive, senior program manager, or Director of Small and Disadvantaged Business Utilization of a Federal agency having contracting authority.''. (d) Enforcement; Determinations of the Total Value of Contract Awards.--Section 15(g) of the Small Business Act (15 U.S.C. 644(g)), as amended by this Act, is further amended by adding at the end the following: ``(3) Enforcement.--If the Administrator does not issue the report required in paragraph (2) on or before the date that is 120 days after the end of the prior fiscal year, the Administrator may not carry out or establish any pilot program until the date on which the Administrator issues the report. ``(4) Determinations of the total value of contract awards.--For purposes of the goals established under paragraphs (1) and (2), the total value of contract awards for a fiscal year may not be determined in a manner that excludes the value of a contract based on-- ``(A) where the contract is awarded; ``(B) where the contract is performed; ``(C) whether the contract is mandated by Federal law to be performed by an entity other than a small business concern; ``(D) whether funding for the contract is made available in an appropriations Act, if the contract is subject to the Competition in Contracting Act; or ``(E) whether the contract is subject to the Federal Acquisition Regulation.''. SEC. 3. REPORTING ON GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS CONCERNS. Subsection (h) of section 15 of the Small Business Act (15 U.S.C. 644) is amended to read as follows: ``(h) Reporting on Goals for Procurement Contracts Awarded to Small Business Concerns.-- ``(1) Agency reports.--At the conclusion of each fiscal year, the head of each Federal agency shall submit to the Administrator a report describing-- ``(A) the extent of the participation by small business concerns, small business concerns owned and controlled by veterans (including service-disabled veterans), qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women in the procurement contracts of such agency during such fiscal year; ``(B) whether the agency achieved the goals established for the agency under subsection (g)(2)(A) with respect to such fiscal year; and ``(C) any justifications for a failure to achieve such goals. ``(2) Reports by administrator.--Not later than 60 days after receiving a report from each Federal agency under paragraph (1) with respect to a fiscal year, the Administrator shall submit to the President and Congress a report that includes-- ``(A) a copy of each report submitted to the Administrator under paragraph (1); ``(B) a determination of whether each goal established by the President under subsection (g)(1) for such fiscal year was achieved; ``(C) a determination of whether each goal established by the head of a Federal agency under subsection (g)(2)(A) for such fiscal year was achieved; ``(D) the reasons for any failure to achieve a goal established under paragraph (1) or (2)(A) of subsection (g) for such fiscal year and a description of actions planned by the applicable agency to address such failure, except that the Administrator must concur with each remediation plan; ``(E) for the Federal Government and each Federal agency, an analysis of the number and dollar amount of prime contracts awarded during such fiscal year to-- ``(i) small business concerns-- ``(I) in the aggregate; ``(II) through sole source contracts; ``(III) through competitions restricted to small business concerns; and ``(IV) through unrestricted competition; ``(ii) small business concerns owned and controlled by service-disabled veterans-- ``(I) in the aggregate; ``(II) through sole source contracts; ``(III) through competitions restricted to small business concerns; ``(IV) through competitions restricted to small business concerns owned and controlled by service- disabled veterans; and ``(V) through unrestricted competition; ``(iii) qualified HUBZone small business concerns-- ``(I) in the aggregate; ``(II) through sole source contracts; ``(III) through competitions restricted to small business concerns; ``(IV) through competitions restricted to qualified HUBZone small business concerns; ``(V) through unrestricted competition where a price evaluation preference was used; and ``(VI) through unrestricted competition where a price evaluation preference was not used; ``(iv) small business concerns owned and controlled by socially and economically disadvantaged individuals-- ``(I) in the aggregate; ``(II) through sole source contracts; ``(III) through competitions restricted to small business concerns; ``(IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; and ``(V) through unrestricted competition; ``(v) small business concerns owned by an Alaska Native Corporation-- ``(I) in the aggregate; ``(II) through sole source contracts; ``(III) through competitions restricted to small business concerns; ``(IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; and ``(V) through unrestricted competition; and ``(vi) small business concerns owned and controlled by women-- ``(I) in the aggregate; ``(II) through competitions restricted to small business concerns; ``(III) through competitions restricted using the authority under section 8(m)(2); ``(IV) through competitions restricted using the authority under section 8(m)(2) and in which the waiver authority under section 8(m)(3) was used; and ``(V) through unrestricted competition; and ``(F) for the Federal Government and each Federal agency, the number, dollar amount, and distribution with respect to the North American Industry Classification System of subcontracts awarded during such fiscal year to small business concerns, small business concerns owned and controlled by service- disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women.''. SEC. 4. SENIOR EXECUTIVES. (a) Training.--Section 3396(a) of title 5, United States Code, is amended by adding at the end the following: ``A program established under this subsection shall include training with respect to Federal procurement requirements, including contracting requirements under the Small Business Act (15 U.S.C. 631 et seq.).''. (b) Performance Appraisals.--Section 4313 of title 5, United States Code, is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) meeting the goals established by the head of the agency under section 15(g)(2)(A) of the Small Business Act (15 U.S.C. 644(g)(2)(A)).''.

Small Business Goaling Act of 2012 - Amends the Small Business Act to raise from 23% to 25% the governmentwide prime contract award goal for participation by small business concerns and to make the governmentwide subcontract participation award goal 40% for such businesses. Revises percentage goals for awards to small businesses owned and controlled by service-disabled veterans, qualified HUBZone (historically underutilized business zone) small businesses, small businesses owned by socially and economically disadvantaged individuals, and small businesses owned by women (small business categories). Requires the small business procurement goals established by the head of each federal agency participating in federal procurement contracts to: (1) be in the same format as the goals established by the President, (2) address both prime contract and subcontract awards, and (3) meet or exceed the government-wide goals for each small business category. Requires each agency head to: (1) consult with the Administrator of the Small Business Administration (SBA) in establishing agency goals, and (2) develop a plan for achieving agency goals. Revises requirements concerning information required to be included in annual reports from: (1) agency heads to the Administrator concerning the extent of small business participation in that agency's procurement contracts; and (2) the Administrator to the President and Congress on whether individual agency goals were achieved, as well as reasons for any failure to achieve such goals. Requires, in the latter reports, information concerning the number and dollar amounts of prime contracts awarded to small businesses owned by an Alaska Native Corporation. Requires training programs established for the development of federal senior executives to include training with respect to federal procurement requirements, including those under the Small Business Act. Requires senior executive performance appraisals to take into account the individual's success in meeting agency small business federal procurement contracting goals.

A bill to amend the Small Business Act with respect to goals for procurement contracts awarded to small business concerns, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maximum Economic Growth for America Through Innovative Finance Act or MEGA Innovate''. SEC. 2. CREDIT TO HOLDERS OF QUALIFIED HIGHWAY BONDS. (a) In General.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by adding at the end the following new subpart: ``Subpart H--Nonrefundable Credit for Holders of Qualified Highway Bonds ``Sec. 54. Credit to holders of qualified highway bonds. ``SEC. 54. CREDIT TO HOLDERS OF QUALIFIED HIGHWAY BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a qualified highway bond on a credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to credit allowance dates during such year on which the taxpayer holds such bond. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a qualified highway bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any qualified highway bond is the product of-- ``(A) the applicable credit rate, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Applicable credit rate.--For purposes of paragraph (2), the applicable credit rate with respect to an issue is the rate equal to an average market yield (as of the day before the date of sale of the issue) on outstanding long-term corporate debt obligations (determined in such manner as the Secretary prescribes). ``(4) Credit allowance date.--For purposes of this section, the term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term includes the last day on which the bond is outstanding. ``(5) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed. ``(c) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than this subpart and subpart C). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(d) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (c)) and the amount so included shall be treated as interest income. ``(e) Qualified Highway Bond.--For purposes of this part, the term `qualified highway bond' means any bond issued as part of an issue if-- ``(1) 95 percent or more of the proceeds from the sale of such issue are transferred to the Highway Trust Fund for expenditure under the requirements of such Trust Fund, ``(2) the bond is issued by the Secretary, is in registered form, and meets the bond limitation requirements under subsection (f), ``(3) the issuer designates such bond for purposes of this section, ``(4) the term of each bond which is part of such issue does not exceed 20 years, and ``(5) the payment of principal with respect to such bond is the obligation of the United States Government. ``(f) Limitation on Amount of Bonds Designated.--The Secretary shall issue qualified highway bonds equal to the qualified highway bond limitation for each calendar year. Such limitation is $3,000,000,000 for 2004, 2005, 2006, 2007, and 2008, and $1,000,000,000 for 2009. ``(g) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Bond.--The term `bond' includes any obligation. ``(2) Partnership; s corporation; and other pass-thru entities.--In the case of a partnership, trust, S corporation, or other pass-thru entity, rules similar to the rules of section 41(g) shall apply with respect to the credit allowable under subsection (a). ``(3) Bonds held by regulated investment companies.--If any qualified highway bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary.''. (b) Amendments to Other Code Sections.-- (1) Reporting.--Subsection (d) of section 6049 of the Internal Revenue Code of 1986 (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(8) Reporting of credit on qualified highway bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 54(d) and such amounts shall be treated as paid on the credit allowance date (as defined in section 54(b)(4)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A), subsection (b)(4) shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i) of such subsection. ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.''. (2) Treatment for estimated tax purposes.-- (A) Individual.--Section 6654 of such Code (relating to failure by individual to pay estimated income tax) is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Special Rule for Holders of Qualified Highway Bonds.--For purposes of this section, the credit allowed by section 54 to a taxpayer by reason of holding a qualified highway bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date.''. (B) Corporate.--Section 6655 of such Code (relating to failure by corporation to pay estimated income tax) is amended by adding at the end of subsection (g) the following new paragraph: ``(5) Special rule for holders of qualified highway bonds.--For purposes of this section, the credit allowed by section 54 to a taxpayer by reason of holding a qualified highway bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date.''. (3) Transfer of bond proceeds to highway trust fund.-- (A) In general.--Section 9503(b) of such Code (relating to transfer to Highway Trust Fund of amounts equivalent to certain taxes) is amended by adding at the end the following new paragraph: ``(6) Qualified highway bond proceeds.--There are hereby appropriated to the Highway Trust Fund amounts equivalent to the proceeds from the issuance of qualified highway bonds under section 54. Such proceeds shall, for all purposes, be treated as taxes received in the Treasury.''. (B) Conforming amendment.--The heading for subsection (b) of section 9503 of such Code is amended to read as follows: ``(b) Transfers to Highway Trust Fund.--''. (c) Clerical Amendment.--The table of subparts for part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Subpart H. Nonrefundable Credit for Holders of Qualified Highway Bonds.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2003.

Maximum Economic Growth for America Through Innovative Finance Act or MEGA - Amends the Internal Revenue Code to allow a limited credit to a taxpayer holding a qualified highway bond. Limits the amount of such bonds which may be issued.

A bill to amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for holders of qualified highway bonds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Service Legacy Act of 2017''. SEC. 2. NATIONAL PARK SERVICE LEGACY RESTORATION FUND. (a) In General.--Chapter 1049 of title 54, United States Code, is amended by adding at the end the following: ``Sec. 104908. National Park Service Legacy Restoration Fund ``(a) In General.--There is established in the Treasury of the United States a fund, to be known as the `National Park Service Legacy Restoration Fund' (referred to in this section as the `Fund'). ``(b) Deposits.--At the beginning of each applicable fiscal year, there shall be deposited in the Fund from mineral revenues due and payable to the United States that are not otherwise credited, covered, or deposited under Federal law-- ``(1) $50,000,000 for each of fiscal years 2018, 2019, and 2020; ``(2) $150,000,000 for each of fiscal years 2021, 2022, and 2023; ``(3) $250,000,000 for each of fiscal years 2024, 2025, and 2026; and ``(4) $500,000,000 for each of fiscal years 2027 through 2047. ``(c) Availability of Funds.-- ``(1) In general.--Except as provided in paragraph (2), amounts deposited in the Fund shall be available to the Service for expenditure without further appropriation. ``(2) Unobligated amounts.--Any amounts not obligated by the date that is 2 years after the date on which the amounts are first available shall be credited to miscellaneous receipts of the Treasury. ``(d) Use of Funds.--Amounts in the Fund shall be used for the high-priority deferred maintenance needs of the Service, as determined by the Director, as follows: ``(1) Eighty percent of amounts in the Fund shall be allocated for projects that are not eligible for the funding described in subparagraph (A) or (B) of paragraph (2) for the repair and rehabilitation of assets, including-- ``(A) historic structures, facilities, and other historic assets; ``(B) nonhistoric assets that relate directly to visitor-- ``(i) access, including making facilities accessible to visitors with disabilities; ``(ii) health and safety; and ``(iii) recreation; and ``(C) visitor facilities, water and utility systems, and employee housing. ``(2) Twenty percent of amounts in the Fund shall be allocated to road, bridge, tunnel, or other transportation- related projects that may be eligible for funding made available to the Service through-- ``(A) the transportation program under section 203 of title 23; or ``(B) any similar Federal land highway program administered by the Secretary of Transportation. ``(e) Prohibited Use of Funds.--No amounts in the Fund shall be used-- ``(1) for land acquisition; or ``(2) to supplant discretionary funding made available for the annually recurring facility operations and maintenance needs of the Service. ``(f) Submission of Annual Proposal.--As part of the annual budget submission of the Service to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate (referred to in this section as the `Committees'), the Service shall submit a prioritized list of deferred maintenance projects proposed to be funded by amounts in the Fund during the fiscal year for which the budget submission is made. ``(g) Congressional Review.--After review of the list submitted under subsection (f), the Committees may provide for the allocation of amounts derived from the Fund. ``(h) Project Approval.-- ``(1) In general.--Except as provided in paragraph (2), if, before the beginning of a fiscal year, the Committees do not alter the allocation of funds proposed by the Service for that fiscal year, the list submitted under subsection (f) for that fiscal year shall be considered approved. ``(2) Continuing resolution.--If, before the beginning of a fiscal year, there is enacted a continuing resolution or resolutions for a period of-- ``(A) less than or equal to 120 days, the Service shall not commit funds to any proposed high-priority deferred maintenance project until the date of enactment of a law making appropriations for the Service that is not a continuing resolution; or ``(B) more than 120 days, the list submitted under subsection (f) for that fiscal year shall be considered approved, unless otherwise provided in the continuing resolution or resolutions. ``(i) Public Donations.--To encourage public-private partnerships that will reduce the overall deferred maintenance costs to the Service, the Secretary and the Director may accept public cash or in-kind donations by including on each list submitted to Congress under subsection (f) after the date of enactment of this section each project, regardless of the priority ranking of the project, that costs-- ``(1) less than $2,000,000, with at least a 33-percent non- Federal cost-share component; or ``(2) equal to or more than $2,000,000, with at least a 25- percent non-Federal cost-share component.''. (b) Clerical Amendment.--The table of sections for chapter 1049 of title 54, United States Code, is amended by adding at the end the following: ``104908. National Park Service Legacy Restoration Fund.''.

National Park Service Legacy Act of 2017 This bill: (1) establishes the National Park Service Legacy Restoration Fund, and (2) requires specified amounts of federal mineral revenues that are not otherwise credited, covered, or deposited pursuant to federal law to be deposited into such fund each fiscal year through FY2047. Amounts in the fund shall be used for meeting high-priority deferred maintenance needs of the National Park Service (NPS) as follows: 20% shall be allocated to transportation-related projects that may be eligible for funding made available to the NPS through the federal lands transportation program or any similar federal land highway program administered by the Department of Transportation; and 80% shall be allocated for the repair and rehabilitation of assets for certain projects that are not eligible for funding under such programs, including historic assets, nonhistoric assets related to visitor access, health and safety, and recreation, and visitor facilities, water and utility systems, and employee housing. No fund amounts may be used by the NPS to acquire land or to supplant discretionary funding made available for annually recurring facility operations and maintenance needs. As part of its annual budget submission, the NPS shall submit a prioritized list of deferred maintenance projects proposed to be funded by such fund during the fiscal year.

National Park Service Legacy Act of 2017

SECTION 1. ALTERNATIVE PENALTY PROCEDURE FOR CHILD SUPPORT DATA PROCESSING REQUIREMENTS. (a) In General.--Section 455(a) of the Social Security Act (42 U.S.C. 655(a)) is amended by adding at the end the following: ``(4)(A) If-- ``(i) the Secretary determines that a State plan under section 454 would (in the absence of this paragraph) be disapproved for the failure of the State to comply with section 454(24)(A), and that the State has made and is continuing to make a good faith effort to so comply; and ``(ii) the State has submitted to the Secretary a corrective compliance plan that describes how, by when, and at what cost the State will achieve such compliance, which has been approved by the Secretary, then the Secretary shall not disapprove the State plan under section 454, and the Secretary shall reduce the amount otherwise payable to the State under paragraph (1)(A) of this subsection for the fiscal year by the penalty amount. ``(B) In this paragraph: ``(i) The term `penalty amount' means, with respect to a failure of a State to comply with section 454(24)-- ``(I) 4 percent of the penalty base, in the case of the 1st fiscal year in which such a failure by the State occurs; ``(II) 8 percent of the penalty base, in the case of the 2nd such fiscal year; ``(III) 16 percent of the penalty base, in the case of the 3rd such fiscal year; or ``(IV) 20 percent of the penalty base, in the case of the 4th or any subsequent such fiscal year. ``(ii) The term `penalty base' means, with respect to a failure of a State to comply with section 454(24) during a fiscal year, the amount otherwise payable to the State under paragraph (1)(A) of this subsection for the preceding fiscal year, minus the applicable share of such amount which would otherwise be payable to any county to which the Secretary granted a waiver under the Family Support Act of 1988 (Public Law 100-485; 102 Stat. 2343) for 90 percent enhanced Federal funding to develop an automated data processing and information retrieval system provided that such system was implemented prior to October 1, 1997. ``(C)(i) The Secretary shall waive a penalty under this paragraph for any failure of a State to comply with section 454(24)(A) during fiscal year 1998 if-- ``(I) by December 31, 1997, the State has submitted to the Secretary a request that the Secretary certify the State as having met the requirements of such section; ``(II) the Secretary has provided the certification as a result of a review conducted pursuant to the request; and ``(III) the State has not failed such a review. ``(ii) If a State with respect to which a reduction is made under this paragraph for a fiscal year achieves compliance with section 454(24)(A) by the beginning of the succeeding fiscal year, the Secretary shall increase the amount otherwise payable to the State under paragraph (1)(A) of this subsection for the succeeding fiscal year by an amount equal to 75 percent of the reduction for the fiscal year. ``(D) The preceding provisions of this paragraph (except for subparagraph (C)(i)) shall apply, separately and independently, to a failure to comply with section 454(24)(B) in the same manner in which the preceding provisions apply to a failure to comply with section 454(24)(A).''. (b) Inapplicability of Penalty Under TANF Program.--Section 409(a)(8)(A)(i)(III) of such Act (42 U.S.C. 609(a)(8)(A)(i)(III)) is amended by inserting ``(other than section 454(24))'' before the semicolon. SEC. 2. AUTHORITY TO WAIVE SINGLE STATEWIDE AUTOMATED DATA PROCESSING AND INFORMATION RETRIEVAL SYSTEM REQUIREMENT. (a) In General.--Section 452(d)(3) of the Social Security Act (42 U.S.C. 652(d)(3)) is amended to read as follows: ``(3) The Secretary may waive any requirement of paragraph (1) or any condition specified under section 454(16), and shall waive the single statewide system requirement under sections 454(16) and 454A, with respect to a State if-- ``(A) the State demonstrates to the satisfaction of the Secretary that the State has or can develop an alternative system or systems that enable the State-- ``(i) for purposes of section 409(a)(8), to achieve the paternity establishment percentages (as defined in section 452(g)(2)) and other performance measures that may be established by the Secretary; ``(ii) to submit data under section 454(15)(B) that is complete and reliable; ``(iii) to substantially comply with the requirements of this part; and ``(iv) in the case of a request to waive the single statewide system requirement, to-- ``(I) meet all functional requirements of sections 454(16) and 454A; ``(II) ensure that the calculation of distribution of collected support is according to the requirements of section 457; ``(III) ensure that there is only 1 point of contact in the State for all interstate case processing and coordinated intrastate case management; ``(IV) ensure that standardized data elements, forms, and definitions are used throughout the State; and ``(V) complete the alternative system in no more time than it would take to complete a single statewide system that meets such requirement; ``(B)(i) the waiver meets the criteria of paragraphs (1), (2), and (3) of section 1115(c); or ``(ii) the State provides assurances to the Secretary that steps will be taken to otherwise improve the State's child support enforcement program; and ``(C) in the case of a request to waive the single statewide system requirement, the State has submitted to the Secretary separate estimates of the total cost of a single statewide system that meets such requirement, and of any such alternative system or systems, which shall include estimates of the cost of developing and completing the system and of operating the system for 5 years, and the Secretary has agreed with the estimates.''. (b) Payments to States.--Section 455(a)(1) of such Act (42 U.S.C. 655(a)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by striking the semicolon at the end of subparagraph (C) and inserting ``, and''; and (3) by inserting after subparagraph (C) the following: ``(D) equal to 66 percent of the sums expended by the State during the quarter for an alternative statewide system for which a waiver has been granted under section 452(d)(3), but only to the extent that the total of the sums so expended by the State on or after the date of the enactment of this subparagraph does not exceed the least total cost estimate submitted by the State pursuant to section 452(d)(3)(C) in the request for the waiver.''.

Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to prescribe alternative penalty reductions in its Federal payments for a State that would otherwise have its child support data processing system plan disapproved for noncompliance, if it has an approved corrective compliance plan and makes a good faith effort to comply with the requirements for such a system. Instructs the Secretary of Health and Human Services to waive the noncompliance penalty during FY 1998 for any State which meets certain criteria. Authorizes the Secretary to waive the single statewide automated data processing and information retrieval system requirement if a State demonstrates that it has or can develop an alternative system or systems that meet specified requirements.

A bill to provide for an alternative penalty procedure for States that fail to meet Federal child support data processing requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Farm Relief Act of 2013''. SEC. 2. SECRETARY OF AGRICULTURE TO ADMINISTER H-2A PROGRAM. (a) In General.--Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) is amended by striking the term ``Secretary of Labor'' each place it appears and inserting ``Secretary of Agriculture''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. SEC. 3. ELECTRONIC FILING SYSTEM FOR H-2A PETITIONS. Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall establish a process for receiving petitions for nonimmigrant visas under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)). In establishing such process, the Secretary shall ensure-- (1) that petitioners may file such petitions over the Internet on an Internet Web page of the Secretary; (2) that any software developed to process such petitions on such Internet Web page shall indicate to the petitioner any technical deficiency in the application prior to submission; and (3) that each petitioner shall be able to file such petition in a paper format. SEC. 4. REPEAL OF 50-PERCENT DOMESTIC WORKFORCE REQUIREMENT. Subparagraph (B) of section 218(c)(3) of the Immigration and Nationality Act (8 U.S.C. 1188(c)(3)) is repealed, and any rule made by the Secretary of Labor or the Secretary of Homeland Security to carry out such subparagraph may not continue in effect. SEC. 5. PREVAILING PRACTICES SURVEY. In the case of an employer petitioning under section 218 of the Immigration and Nationality Act (8 U.S.C. 1188), the submission of a prevailing practice survey regarding employment practices shall not be required. SEC. 6. ALTERATION OF REGION OF REFERENCE. Section 218(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1188(b)(3)) is amended by striking ``within a multi-state region of traditional or expected labor supply'' and inserting ``within an area of 150 square miles in the United States centered around the place of employment''. SEC. 7. PROHIBITION AND REPEAL OF CERTAIN RULES. (a) Rules Regarding Recruitment and Referral Requirement.--The Secretary of Agriculture may not make any rule for purposes of carrying out section 218(b)(3) of the Immigration and Nationality Act that-- (1) requires that an employer advertise an offer of employment-- (A) on a particular date; or (B) in a particular publication; (2) requires that an employer contact workers who the employer employed in the prior year or growing season; or (3) requires that an employer submit a recruitment report. (b) Prohibition on Requirement of Certification by Employers.-- (1) In general.--The Secretary of Agriculture or the Secretary of Homeland Security may not make any rule pertaining to a petition under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act, that requires an employer to provide a certification of-- (A) recruitment advertisements; or (B) recruitment reports. (2) Rule of construction.--Nothing in this section shall be construed as limiting the authority of the Secretary to require an attestation regarding such matters from any such employer. (c) Repeal of Existing Rules.--Any rule that is described in subsection (a) that is currently in effect may not continue in effect beginning on the date that is 60 days after the date of enactment of this Act. SEC. 8. INCLUSION OF CERTAIN YEAR-ROUND LIVESTOCK WORKERS. (a) In General.--Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by inserting ``, labor as a year-round livestock worker (including as a dairy worker)'' before ``, and the pressing of apples for cider''. (b) Length of Stay for Year-Round Livestock Workers.--Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188), as amended by this Act, is further amended by adding at the end the following: ``(j) Special Rule for Year-Round Livestock Workers.-- Notwithstanding any other provision of this section, an H-2A worker who is admitted for purposes of performing labor as a year-round livestock worker (including as a dairy worker) may be admitted for a period of not more than 12 months. At the end of that period, the Secretary of Homeland Security may not approve a petition to import that alien as an H-2A worker for a period of 3 months. Such a petition may be filed pertaining to that alien any number of times. Such petition may not be filed by any person who, at the time of filing, is an alien who is unlawfully present in the United States.''. SEC. 9. REPLACEMENT OF WORKERS AND EXPEDITED ADMINISTRATIVE APPEALS. Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188), as amended by this Act, is further amended by adding at the end the following: ``(k) Replacement of Workers.--On receiving notice that an H-2A worker recruited or hired by an employer has prematurely abandoned employment or has failed to appear for employment, the Secretary of State shall promptly issue a visa under section 101(a)(15)(H)(ii)(a) to an eligible alien designated by the employer to replace that worker and the Secretary of Homeland Security shall expeditiously admit such alien into the United States.''. SEC. 10. AGRICULTURAL ASSOCIATIONS AND POOLING OF WORKERS. Section 218(d) of the Immigration and Nationality Act (8 U.S.C. 1188(d)) is amended to read as follows: ``(d) Role of Agricultural Associations.-- ``(1) Filing by agricultural association permitted.--An application to hire an H-2A worker may be filed by an association of agricultural employers which use agricultural labor. ``(2) Treatment of associations acting as employers.--If an association is a joint or sole employer of H-2A workers, such H-2A workers may be transferred among its members to perform agricultural labor of the same nature for which the application was approved. ``(3) Treatment of violations.-- ``(A) Individual members.--If an individual member of a joint employer association violates any condition for approval with respect to the member's application, the Secretary of Agriculture shall deny such application only with respect to that member of the association unless the Secretary determines that the association or other member participated in, had knowledge of, or had reason to know of the violation. ``(B) Association of agricultural employers.-- ``(i) Joint employer.--If an association representing agricultural employers as a joint employer violates any condition for approval with respect to the association's application, the Secretary of Agriculture shall deny such application only with respect to the association and may not apply the denial to any individual member of the association, unless the Secretary determines that the member participated in, had knowledge of, or had reason to know of the violation. ``(ii) Sole employer.--If an association of agricultural employers approved as a sole employer violates any condition for approval with respect to the association's application, no individual member of the association may be the beneficiary of the services of H-2A workers admitted under this section in the occupation in which such H-2A workers were employed by the association which was denied approval during the period such denial is in force.''. SEC. 11. AGENCY REPORT REQUIRED WHEN DELAYS OCCUR. Section 218(c) of the Immigration and Nationality Act (8 U.S.C (c)) is amended by adding at the end the following: ``(5) Agency report required when delays occur.--A report shall be submitted to the Committee on Agriculture of the Senate and the Committee on Agriculture of the House of Representatives for any month in which the average reponse time under paragraph (2) to a filing is greater than 7 days. The report shall be submitted not later than the last day of the month that immediately follows the month in which such average response time limit was exceeded.''. SEC. 12. GAO REPORT. Not later than 90 days after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on a study-- (1) evaluating the effects of introducing biometric identification cards to H-2A workers; (2) whether the usage of such identification cards would promote efforts to efficiently enforce the immigration laws and streamline the visa application and admission process for H-2A workers; and (3) examining any delay in the processing of applications and petitions under the H-2A program and in the administration of the program.

Family Farm Relief Act of 2013 - Directs the Secretary of Agriculture (USDA) to establish a process for receiving H-2A nonimmigrant visas (temporary agricultural workers) which shall ensure that that petitioners may file such petitions over the Internet or in paper form. (Transfers administration of the H-2A program from the Department of Labor to USDA.) Includes year-round livestock workers, including dairy workers, in the H-2A category with a maximum 12-month period of admissions which may be renewed three months after the end of each such period. Revises H-2A certification provisions.

Family Farm Relief Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sentencing Fairness and Equity Restoration Act of 2006''. SEC. 2. REAFFIRMATION OF INTENT OF CONGRESS IN THE SENTENCING REFORM ACT OF 1984. (a) Statutory Maximum.--Section 3553(b) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking the first sentence and inserting ``Except as provided in paragraph (2), the court shall impose a sentence of a kind, and no less than the minimum of the range, referred to in subsection (a)(4) unless the court finds that there exists a mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described.''; (B) in the second sentence, by inserting ``mitigating'' before ``circumstance''; and (C) by inserting after the second sentence the following: ``The court may impose a sentence above the minimum of the range, up to the maximum sentence provided in the statute establishing the offense.'' (2) in paragraph (2)(A)-- (A) by striking ``the court shall impose a sentence of the kind, and within the range'' and insert ``the court shall impose a sentence of a kind, and no less than the minimum of the range''; (B) by striking clause (i) and redesignating clauses (ii) through (iii) as clauses (i) through (ii) respectively; (C) by striking ``In determining whether a circumstance'' and inserting ``In determining whether a mitigating circumstance''; and (D) by inserting after the sentence amended by clause (C) of this paragraph the following ``The court may impose a sentence above the minimum of the range, up to the maximum sentence provided in the statute establishing the offense.''. (b) Conforming Changes.--Section 3553(c) of title 18, United States Code, is amended to read as follows: ``(c) Statement of Reasons for Imposing a Sentence.--The court, at the time of sentencing, shall state in open court the reasons for its imposition of the particular sentence. If the court relies on statements received in camera, in accordance with the Federal Rules of Criminal Procedure, the court shall state that such statements were so received and that it relied on the content of those statements. If the court does not order restitution, or orders only partial restitution, the court shall include in its statement the reasons therefor. The court shall provide a transcription or other appropriate public record of the statement of reasons, together with the order of judgment and commitment, to the Sentencing Commission and if the sentence includes a term of imprisonment, to the Bureau of Prisons.''. (c) Standards for Review of Sentence.--Section 3742(e) of title 18, United States Code, is amended by striking the last sentence and inserting ``The court of appeals shall review de novo any sentence imposed below the minimum of the range in the applicable sentencing guidelines. In any other case, the court of appeals shall determine whether the sentence was unreasonable.'' SEC. 3. UNIFORM NATIONAL STANDARDS FOR DOWNWARD DEPARTURES FOR SUBSTANTIAL ASSISTANCE. (a) Substantial Assistance Policy.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall create and implement a new policy governing the filing of motions for a departure sentence reductions under Section 3553(e) of title 18, United States Code, Section 5K1.1 of the United States Sentencing Commission Guidelines Manual, and Rule 35(b) of the Federal Rules of Criminal Procedure. The policy shall include uniform guidance for-- (1) the definition of substantial assistance in the investigation of another person; (2) the process by which determinations regarding substantial assistance is made; and (3) the criteria that govern the determination of the extent of the reduction sought by the Government. (b) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall report to Congress the policy created pursuant to subsection (a). SEC. 4. ASSURING JUDICIAL ADMINISTRATIVE RESPONSIBILITIES ARE PERFORMED BY THE JUDICIAL BRANCH. Section 994(w)(1) of title 28, United States Code, is amended-- (1) by inserting ``(other than a case involving a sentence imposed for a petty offense, as defined in section 19 of title 18, for which there is no applicable sentencing guideline)'' after ``every criminal case''; and (2) by adding at the end the following: ``The duties and responsibilities set forth herein, or any portion thereof, shall not be delegated to the executive branch''.

Sentencing Fairness and Equity Restoration Act of 2006 - Amends the federal criminal code to require: (1) federal courts to impose sentences for crimes at no less than the minimum of the range prescribed by U.S. Sentencing Commission Guidelines up to the statutory maximum; and (2) appellate de novo review of any sentence imposed below the minimum of the range in applicable sentencing guidelines Directs the Attorney General to create and implement a new policy for the filing of motions for reducing a criminal sentence for substantial assistance in investigating or prosecuting another individual. Amends the federal judicial code to: (1) exempt sentencing courts from the requirement of filing a written report with the U.S. Sentencing Commission for certain petty crimes for which there are no applicable sentencing guidelines; and (2) prohibit the delegation of certain judicial duties relating to sentencing to the executive branch.

To amend title 18, United States Code, to reaffirm the intent of Congress in the Sentencing Reform Act of 1984, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovation Employment Act''. SEC. 2. NUMERICAL LIMITATIONS. Section 214(g)(1)(A)(vii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(vii)) is amended to read as follows: ``(vii) 130,000 in fiscal year 2008 and each succeeding fiscal year, except that in fiscal years 2010 through 2015, if such limitation is reached in the previous fiscal year, such limitation shall equal the greater of 180,000 and the limitation applicable for the previous fiscal year increased by 20 percent; or''. SEC. 3. EXEMPTION FROM NUMERICAL LIMITATION FOR CERTAIN NONIMMIGRANTS. Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended-- (1) in subparagraph (B), by striking ``or''; (2) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(D) has earned a master's or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) in a field of science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for the employment; or ``(E) has earned a master's or higher degree (or its equivalent) from an institution of higher education outside of the United States in a field of science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for the employment, until the number of aliens who are exempted from such numerical limitations under this subparagraph during a fiscal year exceeds 20,000.''. SEC. 4. H-1B EMPLOYER REQUIREMENTS. Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (G) the following: ``(H) The employer has not advertised the available jobs specified in the application in an advertisement that states or indicates that-- ``(i) the job or jobs are only available to persons who are or who may become H-1B nonimmigrants; or ``(ii) persons who are or who may become H-1B nonimmigrants shall receive priority or a preference in the hiring process. ``(I) If the employer employs not less than 50 employees in the United States, not more than 50 percent of such employees are H-1B nonimmigrants.''. SEC. 5. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS. (a) Safeguards Against Fraud and Misrepresentation in Application Review Process.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended, in the matter following subparagraph (I) (as inserted by section 3 of this Act)-- (1) by inserting ``and through the Department of Labor's website, without charge.'' after ``D.C.''; (2) by inserting ``, clear indicators of fraud, misrepresentation of material fact,'' after ``completeness''; (3) by striking or ``obviously inaccurate'' and inserting ``presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate''; (4) by striking ``within 7 days of'' and inserting ``not later than 14 days after''; and (5) by adding at the end the following: ``If the Secretary's review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing under paragraph (2).''. (b) Investigations by Department of Labor.--Section 212(n)(2) of such Act is amended-- (1) in subparagraph (A)-- (A) by striking ``12 months'' and inserting ``24 months''; and (B) by striking ``The Secretary shall conduct'' and all that follows and inserting ``Upon the receipt of such a complaint, the Secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred.''; (2) in subparagraph (C)(i)-- (A) by striking ``a condition of paragraph (1)(B), (1)(E), or (1)(F)'' and inserting ``a condition under subparagraph (B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)''; and (B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)''; (3) in subparagraph (G)-- (A) in clause (i), by striking ``if the Secretary'' and all that follows and inserting ``with regard to the employer's compliance with the requirements of this subsection.''; (B) in clause (ii), by striking ``and whose identity'' and all that follows through ``failure or failures.'' and inserting ``the Secretary of Labor may conduct an investigation into the employer's compliance with the requirements of this subsection.''; (C) in clause (iii), by striking the last sentence; (D) by striking clauses (iv) and (v); (E) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively; (F) in clause (iv), as redesignated, by striking ``meet a condition described in clause (ii), unless the Secretary of Labor receives the information not later than 12 months'' and inserting ``comply with the requirements under this subsection, unless the Secretary of Labor receives the information not later than 24 months''; (G) by amending clause (v), as redesignated, to read as follows: ``(v) The Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. A determination by the Secretary under this clause shall not be subject to judicial review.''; (H) in clause (vi), as redesignated, by striking ``An investigation'' and all that follows through ``the determination.'' and inserting ``If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination.''; and (I) by adding at the end the following: ``(vii) If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary may impose a penalty under subparagraph (C).''; and (4) by striking subparagraph (H). (c) Information Sharing Between Department of Labor and Department of Homeland Security.--Section 212(n)(2) of such Act, as amended by this section, is further amended by inserting after subparagraph (G) the following: ``(H) The Director of United States Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by H-1B employers as part of the adjudication process that indicates that the employer is not complying with H-1B visa program requirements. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph.''. (d) Audits.--Section 212(n)(2)(A) of such Act, as amended by this section, is further amended by adding at the end the following: ``The Secretary may conduct surveys of the degree to which employers comply with the requirements under this subsection and may conduct annual compliance audits of employers that employ H-1B nonimmigrants. The Secretary shall conduct annual compliance audits of not less than 1 percent of the employers that employ H-1B nonimmigrants during the applicable calendar year.'' (e) Penalties.--Section 212(n)(2)(C) of such Act, as amended by this section, is further amended-- (1) in clause (i)(I), by striking ``$1,000'' and inserting ``$2,000''; (2) in clause (ii)(I), by striking ``$5,000'' and inserting ``$10,000''; and (3) in clause (vi)(III), by striking ``$1,000'' and inserting ``$2,000''. (f) Information Provided to H-1B Nonimmigrants Upon Visa Issuance.--Section 212(n) of such Act, as amended by this section, is further amended by inserting after paragraph (2) the following: ``(3)(A) Upon issuing an H-1B visa to an applicant outside the United States, the issuing office shall provide the applicant with-- ``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections; and ``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer obligations and workers' rights. ``(B) Upon the issuance of an H-1B visa to an alien inside the United States, the officer of the Department of Homeland Security shall provide the applicant with-- ``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections; and ``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer's obligations and workers' rights.''. SEC. 6. WHISTLEBLOWER PROTECTIONS. Section 212(n)(2)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)(iv)) is amended-- (1) by inserting ``take, fail to take, or threaten to take or fail to take, a personnel action, or'' before ``to intimidate''; and (2) by adding at the end the following: ``An employer that violates this clause shall be liable to the employees harmed by such violation for lost compensation, including back pay.''.

Innovation Employment Act - Amends the Immigration and Nationality Act to increase the annual H-1B nonimmigrant visa (specialty occupation) cap from 65,000 to 130,000 starting in FY2008. Provides that for FY2010-FY2015 if the cap has been reached in the prior year the current cap would increase to the greater of 180,000 and the limitation applicable for the previous year increased by 20% percent. Exempts from H-1B caps an alien who has earned a master's or higher degree from a U.S. institution of higher education in science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for employment. Establishes a 20,000 annual cap for aliens who earned a master's or higher degree from an institution of higher education outside of the United States in science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for employment. Revises H-1B provisions to: (1) require an employer to provide specified job information in the employment advertisement; (2) authorize the Secretary of Labor to initiate an H-1B employer investigation; (3) increase employer penalties; and (4) provide whistleblower protections.

To modify certain requirements with respect to H-1B nonimmigrants.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring Every Requirement of Exemplary Service Act of 2005'' or the ``HEROES Act of 2005''. SEC. 2. DEATH GRATUITY ENHANCEMENTS. (a) Deaths From Combat-Related Causes or Causes Incurred in Designated Operations or Areas.-- (1) Amount.--Section 1478 of title 10, United States Code, is amended-- (A) in subsection (a), by inserting ``, except as provided in subsection (c)'' after ``$12,000''; (B) by redesignating subsection (c) as subsection (d); and (C) by inserting after subsection (b) the following new subsection (c): ``(c) The death gratuity payable under sections 1475 through 1477 of this title is $100,000 (as adjusted under subsection (d)) in the case of a death resulting from wounds, injuries, or illnesses that are-- ``(1) incurred as described in section 1413a(e)(2) of title 10; or ``(2) incurred in an operation or area designated as a combat operation or a combat zone, respectively, by the Secretary of Defense under section 1967(e)(1)(A) of title 38.''. (2) Increases consistent with increases in rates of basic pay.--Subsection (d) of such section, as redesignated by paragraph (1)(B), is amended by striking ``amount of the death gratuity in effect under subsection (a)'' and inserting ``amounts of the death gratuities in effect under subsections (a) and (c)''. (3) Conforming amendment.--Subsection (a) of such section, as amended by paragraph (1) of this subsection, is further amended by striking ``(as adjusted under subsection (c))'' and inserting ``(as adjusted under subsection (d))''. (b) Additional Gratuity for Deaths Before Effective Date.-- (1) Requirement to pay additional gratuity.-- (A) In the case of a member of the Armed Forces described in subparagraph (B), the Secretary of the military department concerned shall pay a death gratuity in accordance with this subsection that is in addition to the death gratuity payable in the case of such death under sections 1475 through 1477 of title 10, United States Code. (B) The requirements of this subsection apply in the case of a member of the Armed Forces who died before the date of the enactment of this Act as a direct result of one or more wounds, injuries, or illnesses that-- (i) were incurred in the theater of operations of Operation Enduring Freedom or Operation Iraqi Freedom; or (ii) were incurred as described in section 1413a(e)(2) of title 10, United States Code, on or after October 7, 2001. (2) Amount.--The amount of the additional death gratuity is $238,000. (3) Beneficiaries.--The beneficiary or beneficiaries who are entitled under section 1477 of title 10, United States Code, to receive payment of the regular military death gratuity in the case of the death of a member referred to in paragraph (2) shall be entitled to receive the additional death gratuity payable in such case. If there are two or more such beneficiaries, the portion of the total amount of the additional death gratuity payable to a beneficiary in such case shall be the amount that bears the same ratio to the total amount of the additional death gratuity under paragraph (2) as the amount of the share of the regular military death gratuity payable to that beneficiary bears to the total amount of the regular military death gratuity payable to all such beneficiaries in such case. (4) Definitions.--In this subsection: (A) The term ``additional death gratuity'' means the death gratuity provided under paragraph (1). (B) The term ``regular military death gratuity'', means a death gratuity payable under sections 1475 through 1477 of title 10, United States Code. SEC. 3. SERVICEMEMBERS' GROUP LIFE INSURANCE ENHANCEMENTS. (a) Increased Maximum Amount Under Servicemembers' Group Life Insurance.--Section 1967 of title 38, United States Code, is amended-- (1) in subsection (a)(3)(A), by striking clause (i) and inserting the following new clause: ``(i) In the case of a member-- ``(I) $400,000 or such lesser amount as the member may elect; ``(II) in the case of a member covered by subsection (e), the amount provided for or elected by the member under subclause (I) plus the additional amount of insurance provided for the member by subsection (e); or ``(III) in the case of a member making an election under paragraph (2)(A) not to be insured under this subchapter, the amount of insurance provided for the member by subsection (e).''; and (2) in subsection (d), by striking ``$250,000'' and inserting ``$400,000''. (b) Additional Amount for Members Serving in Certain Areas or Operations.-- (1) Increased amount.--Section 1967 of such title is further amended-- (A) by redesignating subsection (e) as subsection (g); and (B) by inserting after subsection (d) the following new subsection (e): ``(e)(1) A member covered by this subsection is any member as follows: ``(A) Any member who dies as a result of one or more wounds, injuries, or illnesses incurred while serving in an operation or area that the Secretary designates, in writing, as a combat operation or a zone of combat, respectively, for purposes of this subsection. ``(B) Any member who formerly served in an operation or area so designated and whose death is determined (under regulations prescribed by the Secretary of Defense) to be the direct result of injury or illness incurred or aggravated while so serving. ``(2) The additional amount of insurance under this subchapter that is provided for a member by this subsection is $150,000, except that in a case in which the amount provided for or elected by the member under subclause (I) of subsection (a)(3)(A) exceeds $250,000, the additional amount of insurance under this subchapter that is provided for the member by this subsection shall be reduced to such amount as is necessary to comply with the limitation in paragraph (3). ``(3) The total amount of insurance payable for a member under this subchapter may not exceed $400,000. ``(4) While a member is serving in an operation or area designated as described in paragraph (1), the cost of insurance of the member under this subchapter that is attributable to $150,000 of insurance coverage shall be contributed as provided in section 1969(b)(2) of this title and may not be deducted or withheld from the member's pay.''. (2) Funding.--Section 1969(b) of such title is amended-- (A) by inserting ``(1)'' after ``(b)''; and (B) by adding at the end the following new paragraph: ``(2) For each month for which a member insured under this subchapter is serving in an operation or area designated as described by paragraph (1)(A) of section 1967(e) of this title, there shall be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Secretary and certified to the Secretary concerned to be the cost of Servicemembers' Group Life Insurance which is traceable to the cost of providing insurance for the member under section 1967 of this title in the amount of $150,000.''. (c) Conforming Amendment.--Section 1967(a)(2)(A) of such title is amended by inserting before the period at the end the following: ``, except for insurance provided under paragraph (3)(A)(i)(III)''. (d) Coordination With VGLI.--Section 1977(a) of such title is amended-- (1) by striking ``$250,000'' each place it appears and inserting ``$400,000''; and (2) by adding at the end of paragraph (1) the following new sentence: ``Any additional amount of insurance provided a member under section 1967(e) of this title may not be treated as an amount for which Veterans' Group Life Insurance shall be issued under this section.''. (e) Requirements Regarding Elections of Members to Reduce or Decline Insurance.--Section 1967(a) of such title is further amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(C) Pursuant to regulations prescribed by the Secretary of Defense, notice of an election of a member not to be insured under this subchapter, or to be insured under this subchapter in an amount less than the maximum amount provided under paragraph (3)(A)(i)(I), shall be provided to the spouse of the member.''; and (2) in paragraph (3)-- (A) in the matter preceding clause (i), by striking ``and (C)'' and inserting ``, (C), and (D)''; and (B) by adding at the end the following new subparagraph: ``(D) A member with a spouse may not elect not to be insured under this subchapter, or to be insured under this subchapter in an amount less than the maximum amount provided under subparagraph (A)(i)(I), without the written consent of the spouse.''. (f) Requirement Regarding Redesignation of Beneficiaries.--Section 1970 of such title is amended by adding at the end the following new subsection: ``(j) A member with a spouse may not modify the beneficiary or beneficiaries designated by the member under subsection (a) without the written consent of the spouse.''. (g) Effective Date.--This section and the amendments made by this section shall take effect on the first day of the first month that begins more than 90 days after the date of the enactment of this Act.

Honoring Every Requirement of Exemplary Service Act of 2005 or HEROES Act of 2005 - Increases from $12,000 to $100,000 the death gratuity payable to the survivors of members of the Armed Forces who die: (1) as a direct result of armed conflict; (2) while engaged in hazardous service; (3) in the performance of duty under conditions simulating war; (4) through an instrumentality of war; or (5) in an operation or area designated as a combat operation or a combat zone. Requires the Secretary of the military department concerned to pay an additional death gratuity of $238,000 for a member of the Armed Forces who died before the date of enactment of this Act as a direct result of one or more wounds, injuries, or illnesses that were: (1) incurred in the theater of operations of Operation Enduring Freedom or Operation Iraqi Freedom; or (2) as a direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war on or after October 7, 2001. Increases the maximum amount of life insurance coverage for a member of the armed forces under servicemembers' group life insurance. Provides for $150,000 additional life insurance with no deductible due from the member for combat-related deaths. Requires spousal approval for a member to elect not to have life insurance coverage or have less than the maximum amount allowable.

To amend titles 10 and 38, United States Code, to improve death benefits for the families of deceased members of the Armed Forces, and for other purposes.

SECTION 1. REFORM OF CHARITABLE CONTRIBUTIONS OF CERTAIN EASEMENTS ON BUILDINGS IN REGISTERED HISTORIC DISTRICTS. (a) Special Rules With Respect to Buildings in Registered Historic Districts.--Paragraph (4) of section 170(h) of the Internal Revenue Code of 1986 (relating to definition of conservation purpose) is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) Special rules with respect to buildings in registered historic districts.--In the case of any contribution of a qualified real property interest which is a restriction with respect to the exterior of a building described in subparagraph (C)(ii), such contribution shall not be considered to be exclusively for conservation purposes unless-- ``(i) such interest-- ``(I) includes a restriction which preserves the entire exterior of the building (including the front, sides, rear, and height of the building), and ``(II) prohibits any change in the exterior of the building which is inconsistent with the historical character of such exterior, ``(ii) the donor and donee enter into a written agreement certifying, under penalty of perjury, that the donee-- ``(I) is a qualified organization (as defined in paragraph (3)) with a purpose of environmental protection, land conservation, open space preservation, or historic preservation, and ``(II) has the resources to manage and enforce the restriction and a commitment to do so, and ``(iii) in the case of any contribution made in a taxable year beginning after the date of the enactment of this subparagraph, the taxpayer includes with the taxpayer's return for the taxable year of the contribution-- ``(I) a qualified appraisal (within the meaning of subsection (f)(11)(E)) of the qualified property interest, ``(II) photographs of the entire exterior of the building, and ``(III) a description of all restrictions on the development of the building.''. (b) Filing Fee for Certain Contributions.--Subsection (f) of section 170 of such Code (relating to disallowance of deduction in certain cases and special rules) is amended by inserting at the end the following new paragraph: ``(13) Contributions of certain interests in buildings located in registered historic districts.-- ``(A) In general.--No deduction shall be allowed with respect to any contribution described in subparagraph (B) unless the taxpayer includes with the return for the taxable year of the contribution a $500 filing fee. ``(B) Contribution described.--A contribution is described in this subparagraph if such contribution is a qualified conservation contribution (as defined in subsection (h)) which is a restriction with respect to the exterior of a building described in subsection (h)(4)(C)(ii) and for which a deduction is claimed in excess of the greater of-- ``(i) 3 percent of the fair market value of the building (determined immediately before such contribution), or ``(ii) $10,000. ``(C) Dedication of fee.--Any fee collected under this paragraph shall be used for the enforcement of the provisions of subsection (h).''. (c) Effective Date.-- (1) Special rules for buildings in registered historic districts.--The amendments made by subsection (a) shall apply to contributions made after the date of the enactment of this Act. (2) Filing fee.--The amendment made by subsection (b) shall apply to contributions made 180 days after the date of the enactment of this Act. SEC. 2. PROVISIONS RELATING TO SUBSTANTIAL AND GROSS OVERSTATEMENTS OF VALUATIONS OF CHARITABLE DEDUCTION PROPERTY. (a) Substantial and Gross Overstatements of Valuations of Charitable Deduction Property.-- (1) In general.--Section 6662 of the Internal Revenue Code of 1986 (relating to imposition of accuracy-related penalties) is amended by adding at the end the following new subsection: ``(i) Special Rules for Charitable Deduction Property.--In the case of charitable deduction property (as defined in section 6664(c)(3)(A))-- ``(1) the determination under subsection (e)(1)(A) as to whether there is a substantial valuation misstatement under chapter 1 with respect to the value of the property shall be made by substituting `150 percent' for `200 percent', and ``(2) the determination under subsection (h)(2)(A)(i) as to whether there is a gross valuation misstatement with respect to the value of the property shall be made by substituting `200 percent' for `400 percent' and by substituting `150 percent' for `200 percent' in applying subsection (e)(1)(A) for purposes of such determination.''. (2) Elimination of reasonable cause exception for gross misstatements.--Section 6664(c)(2) of such Code (relating to reasonable cause exception for underpayments) is amended by striking ``paragraph (1) shall not apply unless'' and inserting ``paragraph (1) shall not apply. The preceding sentence shall not apply to a substantial valuation overstatement under chapter 1 if''. (b) Qualified Appraisers and Appraisals.-- (1) In general.--Subparagraph (E) of section 170(f)(11) of such Code is amended to read as follows: ``(E) Qualified appraisal and appraiser.--For purposes of this paragraph-- ``(i) Qualified appraisal.--The term `qualified appraisal' means, with respect to any property, an appraisal of such property which-- ``(I) is treated for purposes of this paragraph as a qualified appraisal under regulations or other guidance prescribed by the Secretary, and ``(II) is conducted by a qualified appraiser in accordance with generally accepted appraisal standards and any regulations or other guidance prescribed under subclause (I). ``(ii) Qualified appraiser.--Except as provided in clause (iii), the term `qualified appraiser' means an individual who-- ``(I) has earned an appraisal designation from a recognized professional appraiser organization or has otherwise met minimum education and experience requirements set forth in regulations prescribed by the Secretary, ``(II) regularly performs appraisals for which the individual receives compensation, and ``(III) meets such other requirements as may be prescribed by the Secretary in regulations or other guidance. ``(iii) Specific appraisals.--An individual shall not be treated as a qualified appraiser with respect to any specific appraisal unless-- ``(I) the individual demonstrates verifiable education and experience in valuing the type of property subject to the appraisal, and ``(II) the individual has not been prohibited from practicing before the Internal Revenue Service by the Secretary under section 330(c) of title 31, United States Code, at any time during the 3-year period ending on the date of the appraisal.''. (2) Reasonable cause exception.--Subparagraphs (B) and (C) of section 6664(c)(3) of such Code are amended to read as follows: ``(B) Qualified appraisal.--The term `qualified appraisal' has the meaning given such term by section 170(f)(11)(E)(i). ``(C) Qualified appraiser.--The term `qualified appraiser' has the meaning given such term by section 170(f)(11)(E)(ii).''. (c) Effective Dates.-- (1) Misstatement penalties.--The amendments made by subsection (a) shall apply to returns filed after the date of the enactment of this Act. (2) Appraiser provisions.--The amendments made by subsection (b) shall apply to appraisals prepared with respect to returns or submissions filed after the date of the enactment of this Act.

Amends the Internal Revenue Code to modify requirements for the tax deduction for charitable contributions of easements on buildings in registered historic districts to require such easements to preserve the entire exterior of the building and to prohibit any change in the exterior of the buildings which is inconsistent with the historic character of such exterior. Imposes additional reporting, appraisal, and filing fee requirements. Revises criteria for determining substantial and gross overstatements of valuations of charitable deduction property. Eliminates the reasonable cause exception for waiving penalties for such overstatements.

To amend the Internal Revenue Code of 1986 to reform the charitable contribution deduction rules on contributions of certain easements on buildings in registered historic districts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Continuity of Operations Demonstration Project Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to enhance the ability of Federal agencies to manage their personnel and to otherwise continue to operate during an extended emergency situation; (2) to enhance the ability of Federal employees to carry out their duties and responsibilities from home or other sites removed from their usual and customary workplace; (3) to enhance flexibility in Government operations generally; and (4) to determine what technologies, changes in work processes, or other measures are needed to accomplish the foregoing, while preserving data security. SEC. 3. CONTINUITY OF OPERATIONS DEMONSTRATION PROJECT. (a) In General.--In order to test the preparedness of the Federal Government to continue to operate in the event of an extended emergency situation, the Chief Human Capital Officers Council and the Interagency Continuity of Operations Working Group shall jointly provide for a demonstration project under which 2 or more agencies shall perform a representative range of Government services and operations (both essential and nonessential) under circumstances simulating a situation in which Federal employees are, as a result of a sudden and unexpected contingency, required to work-- (1) from locations apart from their usual and customary workplace, including from home and from agency-designated facilities; and (2) for a period of not less than 10 consecutive workdays. (b) Other Requirements.--In carrying out the demonstration project, the Council and the Working Group shall ensure-- (1) that appropriate mechanisms exist so that participating agencies and employees will be able to engage in any necessary communications, and so that appropriate oversight of employees can be maintained, at all times; (2) that participating employees have received appropriate training relating to what their duties and responsibilities are during an emergency situation and how those duties and responsibilities are to be carried out; (3) that participating employees have available to them or are able to access any technologies, resources, information, or other assistance they may require in order to carry out their duties and responsibilities effectively and efficiently; (4) that such project is conducted in coordination with the earliest Governmentwide continuity of operations interagency exercise following the date of the enactment of this Act which is conducted by the Department of Homeland Security and as to which the implementation of this paragraph is practicable; (5) that, at least 3 months before such project is implemented, all agencies that are scheduled to participate have developed plans detailing which operations will be performed during the simulated emergency, which employees will perform those operations, and how those operations are to be performed; (6) that participation will be limited to those employees who, irrespective of this Act, would otherwise have been eligible to telework; and (7) that such project will be conducted in coordination with otherwise existing Federal teleworking policies, requirements, and funding, so that no additional resources are needed in order to carry out this Act. SEC. 4. REPORT TO CONGRESS. Not later than 12 months after the date of the enactment of this Act, the Council and the Working Group shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a written evaluation of the demonstration project, including a description of the approaches taken and lessons learned by participating agencies, and recommendations for such legislation or administrative action as the Council and the Working Group consider appropriate. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``Chief Human Capital Officers Council'' or ``Council'' refers to the Chief Human Capital Officers Council, as established by section 1303 of the Homeland Security Act of 2002 (5 U.S.C. 1401 note); (2) the term ``Interagency Continuity of Operations Working Group'' or ``Working Group'' refers to the Interagency Continuity of Operations Working Group, established by the Federal Emergency Management Agency, Department of Homeland Security, pursuant to Federal Preparedness Circular 65, dated June 15, 2004; (3) the term ``Federal agency'' or ``agency'' means an Executive agency, as defined by section 105 of title 5, United States Code; and (4) the term ``Federal employee'' or ``employee'' means an individual employed in or under an agency.

Continuity of Operations Demonstration Project Act - Directs the Chief Human Capital Officers Council and the Interagency Continuity of Operations Working Group, in order to test the preparedness of the federal government to continue to operate in the event of an extended emergency situation, to jointly provide for a demonstration project under which two or more agencies shall perform a representative range of government services and operations (both essential and nonessential) under circumstances simulating a situation in which federal employees are, as a result of a sudden and unexpected contingency, required to work: (1) from locations apart from their usual and customary workplace, including from home and from agency-designated facilities; and (2) for a continuous period of not less than ten consecutive workdays. Directs the Council, in carrying out the demonstration project, to ensure that specified requirements are met with respect to: (1) communications; (2) training relating to duties and responsibilities during an emergency situation; (3) access to technologies, information, or other assistance; (4) coordination with the earliest governmentwide continuity of operations interagency exercise; (5) plans detailing which operations will be performed, which employees will perform those operations, and how those operations are to be performed; (6) participation (limited to those employees who would otherwise have been eligible to telework); and (7) coordination with otherwise existing federal telework policies, requirements, and funding.

To provide for a demonstration project to enhance the ability of Federal agencies to continue to operate during an extended emergency situation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foster Opportunities for Success Through Higher Education Reform'' or the ``FOSTER Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Recent studies by the Center for the Study of Social Policy, Casey Family Programs, and the Packard Foundation demonstrate that many of the 20,000 children aging out of foster care each year face unique challenges as they enter the adult world: a greater likelihood of becoming teen parents, dependence on public assistance, participation in substance abuse, homelessness, and involvement with the criminal justice system compared to youth in the general population. (2) According to a study of foster care children in Washington State, a child who enters foster care is likely to have poorer academic outcomes than children not in foster care, even after controlling for a variety of factors such as poverty. (3) A follow-up study in Wisconsin found that 37 percent of youth had not completed their high school education when interviewed 12 to 18 months after discharge from foster care. (4) A study of African American males in the Ohio foster care system found that in the sixth grade, African American males in foster care had significantly lower scores than 1 or more of the 4 comparison groups (all students, all African American students, all male students, all African American male students). (5) By the ninth grade, the African American males in foster care had significantly lower scores than all of the comparison groups. (6) These youth in foster care are less likely to be enrolled in college preparatory classes and are more than twice as likely as non-foster care youth (37 percent vs. 16 percent) to have dropped out of high school. (7) A 2002 report issued by the Child Welfare League of America (CWLA) found that more than 26 percent of foster children have repeated a grade at least once since the seventh grade; 60 percent have failed a class in the previous year; over a third were below grade level in written language, math and readings; foster youth have higher absentee and tardy rates than their non-foster peers. (8) A report from Casey Family Programs indicated that, nationwide, fewer than 27 percent of foster youth who graduated high school went on to college as compared to 52 percent of the general population. (9) A May 2002, report issued by the University of California at Berkeley found that of more than 3200 foster care youth who attended a community college from 1992 through 2000, 39 percent earned between 1 and 17 credits. Forty percent of the foster care youth earned no credits. Many did not attempt to take classes for credit, but rather were enrolled in remedial or other non-credit classes. SEC. 3. FOSTER CARE YOUTH OUTREACH AND HOUSING SERVICES. Subpart 2 of part A of title IV of the Higher Education Act of 1965 is amended by adding at the end the following new chapter: ``CHAPTER 4--FOSTER CARE YOUTH OUTREACH AND HOUSING SERVICES ``SEC. 408A. TECHNICAL ASSISTANCE AND SUPPORT SERVICES. ``(a) Program Authorized.--From the amounts appropriated under section 408E(a), the Secretary shall provide competitive grants to public and private institutions of higher education to provide technical assistance and supportive services to foster care youth who are prospective students to prepare for, enter, and remain in such institutions. ``(b) Authorized Services.--Funds provided under this section may be used to provide-- ``(1) academic counseling; ``(2) college financial-aid counseling; and ``(3) other appropriate support services intended to improve the delivery of services to foster care youth. ``(c) Applications.--An institution seeking a grant under this section shall submit an application to the Secretary. Such application shall-- ``(1) contain assurances that the applicant will-- ``(A) evaluate-- ``(i) the extent to which the institution's current programs are meeting the needs of foster care youth; and ``(ii) how the institution's outreach and retention services can be improved; ``(B) report to the Secretary on current and expanded services and efforts to increase the number of foster care youth who attend the institution and remain in school to earn a degree or certificate; ``(C) expand representation on student body governing boards to include at least one former foster care youth that will serve to advise the institution on student life issues, with particular attention to the unique barriers for foster care youth in accessing and completing postsecondary education; and ``(D) coordinate with the State social services and child welfare departments in order to facilitate the outreach and technical assistance efforts for prospective students who are foster care youth; and ``(2) contain such additional information and assurances as the Secretary may require. ``(d) Selection of Applicants.--The Secretary shall select institutions of higher education for the award of grants under this section on the basis of identifying those institutions that are most likely to be able to successfully carry out the program under this section and serve the goal of expanding higher educational opportunities for foster care youth. ``SEC. 408B. HOUSING FOR FOSTER CARE YOUTH. ``(a) Grants Authorized.--From the amounts appropriated under section 408E(b), the Secretary shall provide grants to institutions of higher education to ensure basic housing during the regular academic school year, including interim housing during regular periods of dormitory closing (excluding summer break), for those foster care youth living in college dormitories. ``(b) Applications.--An institution seeking a grant under this section shall submit an application to the Secretary containing such information as the Secretary may require. ``(c) Selection of Applicants.--The Secretary shall select institutions of higher education for the award of grants under this section on the basis of identifying those institutions that are most likely to be able to successfully carry out the program under this section and serve the goal of expanding higher educational opportunities for foster care youth. ``SEC. 408C. COORDINATION. ``(a) Coordination With the John H. Chafee Foster Care Independence Program.--The Secretary shall ensure that activities under this chapter are coordinated with programs under section 477(i) of the Social Security Act (42 U.S.C. 6383). ``(b) Coordination With TRIO and GEARUP.--Each recipient of funds under the programs authorized by chapters 1 and 2 of this subpart shall identify services to foster care youth as a permissible service in those programs, and ensure that such youth receive supportive services, including mentoring, tutoring, and other services provided by those programs. ``SEC. 408D. ELIGIBLE FOSTER CARE YOUTH. ``(a) In General.--An individual shall be treated as a foster care youth eligible for services and benefits under this chapter if such individual is-- ``(1) a youth for whom the State or an entity licensed by the State has responsibility for placement, care, or supervision, and includes youth in foster homes, group homes, or kinship care; or ``(2) a high school senior or student currently enrolled in a postsecondary education program who is older than 18 years old and is no longer living with his or her foster family, as long as he or she was under State care until age 18. ``(b) Kinship Care.--For a youth to be eligible as receiving kinship care, the State or an entity licensed by the State must have intervened on the youth's behalf and a court of competent jurisdiction must have issued a court order of dependency and the court order or the State or the entity licensed by the State must have placed the youth in legal kinship care. A youth who is residing with his or her relatives in any other type of situation is not eligible as receiving kinship care. ``SEC. 408E. AUTHORIZATION. ``(a) Technical Assistance and Outreach Services.--There are authorized to be appropriated for grants under section 408A, such sums as may be necessary for fiscal year 2005 and for each of the 5 succeeding fiscal years. ``(b) Housing for Foster Care Youth.--There are authorized to be appropriated for grants under section 408B, such sums as may be necessary for fiscal year 2005 and for each of the 5 succeeding fiscal years.''. SEC. 4. FAIR TREATMENT FOR FOSTER CARE YOUTH IN FINANCIAL NEED ANALYSIS. (a) Cost of Attendance.--Section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll) is amended-- (1) by striking ``and'' at the end of paragraph (11); (2) by striking the period at the end of paragraph (12) and inserting ``; and''; and (3) by inserting after paragraph (12) the following new paragraph: ``(13) in the case of a foster care youth who is eligible for services or benefits under section 408D, an additional amount equal to 50 percent of the sum determined under the preceding paragraphs, representing the reasonable living additional expenses of such a youth.''. (b) Advisory Committee on Student Financial Assistance.--Section 491(j) of the Higher Education Act of 1965 (20 U.S.C. 1098(j)) is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by inserting after paragraph (5) the following new paragraph: ``(6) examine methods for expanding access to Federal financial aid by foster care youth who are eligible for services or benefits under section 408D, and for simplifying the application process for such youth.''. (c) FAFSA Revision.--Section 483(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1090(a)(1)) is amended by inserting after the third sentence the following new sentence: ``Such data elements shall include an identification of whether the student is a foster care youth who is eligible for services or benefits under section 408D.''. (d) Assessment and Follow-Up.--Section 485(a)(1)(L) of the Higher Education Act of 1965 (20 U.S.C. 1092(a)(1)(L)) is amended by inserting before the semicolon at the end the following: ``, and, commencing with the 2004-2005 academic year, the retention rates of students who voluntarily provide to the institution of higher education their status as emancipated foster care youth''.

Foster Opportunities for Success Through Higher Education Reform - FOSTER Act - Amends the Higher Education Act of 1965 (HEA) to establish a program of foster care youth outreach and housing services. Directs the Secretary of Education to make grants to institutions of higher education to provide: (1) technical assistance and supportive services to foster care youth who are prospective students to prepare for, enter, and remain in such institutions; and (2) basic housing during the regular academic school year, including interim housing during regular periods of dormitory closing other than summer break, for those foster care youth living in college dormitories. Requires program coordination with: (1) the John H. Chafee foster care independence program under the Social Security Act; and (2) TRIO and GEAR UP programs under HEA. Revises HEA financial need analysis to provide fair treatment for foster care youth.

To amend the Higher Education Act of 1965 to improve the ability of foster care youths to attend and succeed in higher education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Countering Illegal Firearms Trafficking to Mexico Act''. SEC. 2. COLLABORATION BETWEEN U.S. IMMIGRATIONS AND CUSTOMS ENFORCEMENT AND THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. The President shall design and implement a strategy to improve collaboration between U.S. Immigrations and Customs Enforcement and the Bureau of Alcohol, Tobacco, Firearms, and Explosives in the investigation of illegal firearm trafficking to Mexico, including formal monitoring of the implementation of the 2009 Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms, and Explosives and U.S. Immigrations and Customs Enforcement. SEC. 3. COMPREHENSIVE INDICATORS TO STEM ARMS TRAFFICKING TO MEXICO. Not later than 120 days after the date of the enactment of this Act, the Office of National Drug Control Policy shall establish comprehensive indicators that more accurately reflect progress made in efforts to stem arms trafficking to Mexico. SEC. 4. FIREARMS TRAFFICKING. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Trafficking in firearms ``(a) Offenses.--It shall be unlawful for any person, regardless of whether anything of value is exchanged-- ``(1) to ship, transport, transfer, or otherwise dispose to a person, 2 or more firearms in or affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that such use, carry, possession, or disposition of the firearm would be in violation of, or would result in a violation of any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; ``(2) to receive from a person, 2 or more firearms in or affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; ``(3) to make a statement to a licensed importer, licensed manufacturer, or licensed dealer relating to the purchase, receipt, or acquisition from a licensed importer, licensed manufacturer, or licensed dealer of 2 or more firearms that have moved in or affected interstate or foreign commerce that-- ``(A) is material to-- ``(i) the identity of the actual buyer of the firearms; or ``(ii) the intended trafficking of the firearms; and ``(B) the person knows or has reasonable cause to believe is false; or ``(4) to direct, promote, or facilitate conduct specified in paragraph (1), (2), or (3). ``(b) Penalties.-- ``(1) In general.--Any person who violates, or conspires to violate, subsection (a) shall be fined under this title, imprisoned for not more than 20 years, or both. ``(2) Organizer enhancement.--If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, such person may be sentenced to an additional term of imprisonment of not more than 5 consecutive years. ``(c) Definitions.--In this section-- ``(1) the term `actual buyer' means the person for whom a firearm is being purchased, received, or acquired; and ``(2) the term `term of imprisonment exceeding 1 year' does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less.''. (b) Clerical Amendment.--The table of sections for chapter 44 of such title is amended by adding at the end the following: ``932. Trafficking in firearms.''. SEC. 5. REQUIREMENT THAT FEDERAL FIREARMS LICENSEES REPORT MULTIPLE SALES OF FIREARMS. Section 923(g)(3)(A) of title 18, United States Code, is amended by striking ``pistols, or revolvers, or any combination of pistols and revolvers totalling two or more,'' and inserting ``firearms''. SEC. 6. PUBLIC AVAILABILITY OF INFORMATION ABOUT FIREARMS SEIZED BY MEXICO AND SUBMITTED TO THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES FOR TRACING. Within 30 days after the beginning of each fiscal year that begins more than 120 days after the date of the enactment of this Act, the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall make public detailed information about the type, make, model, and caliber of each firearm seized by authorities of the Government of Mexico and submitted to the Bureau for tracing. SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 30 days after the date of the enactment of this Act.

Countering Illegal Firearms Trafficking to Mexico Act This bill amends the federal criminal code to make trafficking in firearms a stand-alone criminal offense. A person who commits or conspires to commit a gun trafficking offense is subject to criminal penalties—a prison term of up to 20 years (or up to 25 years, if the person also acted as an organizer), a fine, or both. The bill directs the President to design and implement a strategy to improve collaboration between the U.S. Immigration and Customs Enforcement and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in the investigation of illegal firearms trafficking to Mexico. The Office of National Drug Control Policy must establish indicators to measure the progress of efforts to stem firearms trafficking to Mexico. The ATF must publish detailed information about each firearm seized by Mexican authorities and submitted to the ATF for tracing.

Countering Illegal Firearms Trafficking to Mexico Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Fast-Track Refunds for Working Families Act of 2005''. SEC. 2. FINDINGS. (1) An estimated 1.3 million households were affected by Hurricane Katrina, many of which were working families left with no material belongings and minimal assets following the storm. (2) It will be difficult for these working families to immediately find new employment opportunities and to restore lost wages, thus depleting their resources for food, housing, clothing, and other necessities. (3) These working families can be expected to spend their fast-tracked tax refunds on immediate necessities which will stimulate local economic activity. (4) These families have worked hard, earned their Child Tax Credit and Earned Income Tax Credit refunds and should receive them now rather than later. SEC. 3. ADVANCE PAYMENT OF EARNED INCOME TAX CREDIT AND CHILD TAX CREDIT FOR 2005 FOR VICTIMS OF HURRICANE KATRINA. (a) In General.--Subchapter B of chapter 61 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by adding at the end the following new section: ``SEC. 6430. ADVANCE PAYMENT OF EARNED INCOME TAX CREDIT AND CHILD TAX CREDIT FOR 2005 FOR VICTIMS OF HURRICANE KATRINA. ``(a) In General.--Each eligible taxpayer shall be treated as having made a payment against the tax imposed by chapter 1 for the taxpayer's last taxable year ending in 2004 in an amount equal to-- ``(1) the child tax credit refund amount (if any) for such taxable year, and ``(2) the earned income credit refund amount (if any) for such taxable year. ``(b) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.--The term `eligible taxpayer' means any taxpayer-- ``(A) who was allowed a credit under section 24 (relating to child tax credit) or section 32 (relating to earned income credit) for the taxpayer's last taxable year ending in 2004, and ``(B) whose address on such taxpayer's return for such last taxable year was within an area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina. ``(2) Child tax credit refund amount.--The child tax credit refund amount is the amount of the credit which would have been allowed under section 24 for such last taxable year if only qualifying children (as defined in section 24(c)) of the taxpayer for such year who had not attained age 17 as of December 31, 2005, were taken into account. ``(3) Earned income credit refund amount.--The earned income credit refund amount is the amount of the credit which would have been allowed under section 32 for such last taxable year if-- ``(A) the amount in section 32(b)(2)(B) were $2,000, and ``(B) an individual is treated as meeting the age requirements under section 32 only if such requirements are met as of December 31, 2005. ``(c) Timing of Payments.--In the case of any overpayment attributable to this section, the Secretary shall, subject to the provisions of this title, refund or credit such overpayment as rapidly as possible and shall ensure that adequate systems and delivery mechanisms are in place for the prompt delivery of refunds to eligible recepients. ``(d) Coordination With Credits.-- ``(1) In general.--The amount of credit which would (but for this subsection and section 26) be allowed under sections 24 and 32, as the case may be, for the taxpayer's first taxable year beginning in 2005 shall be reduced (but not below zero) by so much of the payment made to the taxpayer under this section as is attributable to such section 24 or 32. Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(2) Joint returns.--In the case of a payment under this section with respect to a joint return, half of such payment shall be treated as having been made to each individual filing such return. ``(e) No Interest.--No interest shall be allowed on any overpayment attributable to this section.''. (b) Clerical Amendment.--The table of sections for such subchapter B is amended by adding at the end the following new item: ``Sec. 6430. Advance payment of earned income tax credit and child tax credit for 2005 for victims of Hurricane Katrina.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Hurricane Katrina Fast-Track Refunds for Working Families Act of 2005 - Amends the Internal Revenue Code to allow an advance payment of the earned income tax credit and the child tax credit in 2005 for taxpayers in a Hurricane Katrina disaster area who received such credits for a taxable year ending in 2004.

A bill to amend the Internal Revenue Code of 1986 to provide for advance payment of the earned income tax credit and the child tax credit for 2005 in order to provide needed funds to victims of Hurricane Katrina and to stimulate local economies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern High Plains Groundwater Resource Conservation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) A reliable source of groundwater is an essential element of the economy of the communities on the High Plains. (2) The High Plains Aquifer and the Ogallala Aquifer are closely related hydrogeographic structures. The High Plains Aquifer consists largely of the Ogallala Aquifer with small components of other geologic units. (3) The High Plains Aquifer experienced a dramatic decline in water table levels in the latter half of the twentieth century. The average weighted decline in the aquifer from 1950 to 1997 was 12.6 feet (USGS Fact Sheet 124-99, Dec. 1999). (4) The decline in water table levels is especially pronounced in the Southern Ogallala Aquifer, reporting that large areas in the States of Kansas, New Mexico, and Texas experienced declines of over 100 feet in that period (USGS Fact Sheet 124-99, Dec. 1999). (5) The saturated thickness of the High Plains Aquifer has declined by over 50 percent in some areas (1186 USGS Circular 27, 1999). Furthermore, the survey has reported that the percentage of the High Plains Aquifer which has a saturated thickness of 100 feet or more declined from 54 percent to 51 percent in the period from 1980 to 1997 (USGS Fact Sheet 124- 99, Dec. 1999). (6) The decreased water levels in the High Plains Aquifer coupled with higher pumping lift costs raise concerns about the long-term sustainability of irrigated agriculture in the High Plains. (``External Effects of Irrigators' Pumping Decisions, High Plains Aquifer'' Alley and Schefter, American Geophysical Union paper #7W0326; Water Resources Research, Vol. 23, No. 7 1123-1130, July 1987). (7) Hydrological modeling by the United States Geological Survey indicates that in the context of sustained high groundwater use in the surrounding region, reductions in groundwater pumping at the single farm level or at a very local level of up to 100 square miles, have a very time limited impact on conserving the level of the local water table, thus creating a disincentive for individual water users to invest in water conservation measures. (``External Effects of Irrigators' Pumping Decisions, High Plains Aquifer'', Alley and Schefter, American Geophysical Union, paper #7W0326; Water Resources Research, Vol. 23, No. 7 1123-1130, July 1987). (8) Incentives must be created for conservation of groundwater on a regional scale, in order to achieve an agricultural economy on the Southern High Plains that is sustainable. (9) For water conservation incentives to function, Federal, State, tribal, and local water policymakers, and individual groundwater users must have access to reliable information concerning aquifer recharge rates, extraction rates, and water table levels at the local and regional levels on an ongoing basis. (b) Purposes.--To promote groundwater conservation on the Southern High Plains in order to extend the usable life of the Southern Ogallala Aquifer. SEC. 3. DEFINITIONS. For purposes of this Act: (1) High plains aquifer.--The term ``High Plains Aquifer'' means the groundwater reserve depicted as Figure 1 in the United States Geological Survey Professional Paper 1400-B, titled ``Geohydrology of the High Plains Aquifer in Parts of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming''. (2) High plains.--The term ``High Plains'' means the approximately 174,000 square miles of land surface overlying the High Plains Aquifer in the States of New Mexico, Colorado, Wyoming, South Dakota, Nebraska, Kansas, Oklahoma, and Texas. (3) Southern ogallala aquifer.--The term ``Southern Ogallala Aquifer'' means that part of the High Plains Aquifer lying below 39 degrees north latitude which underlies the States of New Mexico, Texas, and Oklahoma, Colorado, and Kansas. (4) Southern high plains.--The term ``Southern High Plains'' means the portions of the States of New Mexico, Texas, and Oklahoma, Colorado, and Kansas which overlie the Southern Ogallala Aquifer. (5) Secretary.--The term ``Secretary'' means either the Secretary of the Interior or the Secretary of Agriculture, as appropriate. (6) Water conservation measure.--The term ``water conservation measures'' means measures which enhance the groundwater recharge rate of a given piece of land, or which increase water use efficiencies. SEC. 4. HYDROLOGIC MAPPING, MODELING, AND MONITORING PROGRAM. (a) In General.--The Secretary of the Interior, working though the United States Geological Survey, shall develop a comprehensive hydrologic mapping, modeling, and monitoring program for the Southern Ogallala Aquifer. The program shall include on a county-by-county basis-- (1) a map of the hydrological configuration of the Aquifer; and (2) an analysis of-- (A) the current and past rate at which groundwater is being withdrawn and recharged, and the net rate of decrease or increase in aquifer storage; (B) the factors controlling the rate of horizontal migration of water within the Aquifer; (C) the degree to which aquifer compaction caused by pumping and recharge methods in impacting the storage and recharge capacity of the groundwater body; and (D) the current and past rate of loss of saturated thickness within the Aquifer. (b) Annual Report.--Not later than one year after the enactment of this Act, and annually thereafter, the Secretary shall submit a report on the status of the Southern Ogallala Aquifer to the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, and the Governors of the States of New Mexico, Oklahoma, Texas, Colorado, and Kansas. SEC. 5. GROUNDWATER CONSERVATION ASSISTANCE. (a) Federal Assistance.--The Secretary of Agriculture, working through the Natural Resources Conservation Service, shall establish a groundwater conservation assistance program for Southern Ogallala Aquifer. (b) Design and Planning.--The Secretary shall provide financial and technical assistance, including modeling and engineering design to States, tribes, and counties, conservation districts, or other political subdivisions recognized under State law, for the development of comprehensive groundwater conservation plans within the Southern High Plains. This assistance shall be provided on a cost-share basis ensuring that-- (1) the Federal funding for the development of any given plan shall not exceed 50 percent of the cost; and (2) the Federal funding for groundwater water conservation planning for any one county, conservation district, or similar political subdivision recognized under State law shall not exceed $50,000. (c) Certification.--The Secretary shall create a certification process for comprehensive groundwater conservation plans developed under this program, or developed independently by States, tribes, counties, or other political subdivisions recognized under State law. To be certified, a plan must-- (1) cover a sufficient geographic area to provide a benefit to the groundwater resource over at least a 20 year period; (2) include a set of goals for water conservation; and (3) include a process for an annual evaluation of the plan's implementation to allow for modifications if goals are not being met. SEC. 6. IMPLEMENTATION ASSISTANCE. (a) In General.--Farming operations within jurisdictions which have a certified conservation plan in accordance with section 5(c) shall be eligible assistance for projects described in subsection (b). (b) Eligible Projects.--Projects eligible for assistance under subsection (a) are as follows: (1) Water conservation cost-share assistance.--The Secretary, working through the Natural Resources Conservation Service, may provide grants to individual farming operations of up to $50,000 for implementing on farm water conservation measures including the improvement of irrigation systems and the purchase of new equipment. The Federal share of the water conservation investment in any one operation be no greater than 50 percent. (2) Irrigated land reserve.--Through the 2020 calendar year, the Secretary shall formulate and carry out the enrollment of lands in a groundwater conservation reserve program through the use of multiple year contracts for irrigated lands which would result in significant per acre savings of groundwater resources if converted to dryland agriculture. (3) Conservation reserve program enhancement.--Lands eligible for the Conservation Reserve Program established under section 1231 of the Food Security Act of 1985 which would result in significant per acre savings of groundwater resources if removed from agricultural production shall be awarded 20 Conservation Reserve Program bid points, to be designated as groundwater conservation points, in addition to any other ratings the lands may receive. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) $5,000,000 annually through fiscal year 2020 for hydrologic mapping, modeling, and monitoring under this Act; (2) $5,000,000 annually through fiscal year 2020 for groundwater conservation planning, design, and plan certification under this Act; (3) $30,000,000 annually through fiscal year 2020 for cost- share assistance for on farm water conservation measures; and (4) $30,000,000 annually through fiscal year 2020 for enrollment of lands in an Irrigated Lands Reserve.

Authorizes and directs the Secretary of Agriculture, through the Natural Resources Conservation Service, to establish a groundwater conservation assistance program for such Aquifer. Directs the Secretary to create a groundwater conservation plan certification process. States that farms in jurisdictions with a certified plan shall be eligible for specified implementation assistance. Authorizes appropriations.

Southern High Plains Groundwater Resource Conservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Budget Structure Act of 1993''. SEC. 2. STATEMENT OF FINDING AND PURPOSE. (a) Statement of Finding.--Congress finds that the existing budget obscures the distinctions between capital activities and operating activities, and between Federal funds and trust funds so as to hinder identifying the resources needed to meet the Government's needs. (b) Purpose.--It is the purpose of this Act that the unified budget present a capital budget and an operating budget, and distinguish between Federal funds and trust funds, in order to provide better and more relevant information on the revenues, expenses, and financing requirements of Government programs and activities. SEC. 3. CAPITAL AND OPERATING BUDGETS. Title 31, United States Code, is amended by inserting after section 1105 the following new section: ``Sec. 1105a. Capital and operating budgets ``(a)(1) The budget of the United States submitted by the President under section 1105 of this title shall be a unified budget composed of an operating budget and a capital budget. ``(2) Operating and capital budgets shall be presented separately for total funds, Federal funds, and trust funds. ``(b)(1) Actual, estimated, and proposed amounts shall be presented for total funds, Federal funds, and trust funds and, at a minimum, shall contain-- ``(A) for the operating budget the following: (i) operating revenues, (ii) operating expenses, (iii) operating surplus/ deficit before interfund transfers, (iv) interfund transfers, and (v) operating surplus/deficit; ``(B) for the capital budget the following: (i) capital revenues, (ii) capital investments, (iii) net capital investments, (iv) interfund transfers, and (v) capital financing requirements; ``(C) items not affecting funds; and ``(D) unified budget financing requirements. ``(2) The capital budget shall represent only the major activities, projects, and programs which support the acquisition, construction, alteration, and rehabilitation of capital assets. All other activities, projects, and programs shall be represented in the operating budget. ``(c) In addition to the unified budget submitted by the President as required by subsections (a) and (b) of this section, the President shall present information in the form required by subsection (b)(1) for accounts, agencies, and functions, to the extent applicable. ``(d) In this section-- ``(1) `unified budget' means a budget in which revenues and expenses for Federal funds and trust funds are consolidated to display totals for the Federal Government as a whole; ``(2) `trust funds' means-- ``(A) the Federal Old-Age and Survivors Insurance Trust Fund, ``(B) the Federal Hospital Insurance Trust Fund, ``(C) the Civil Service Retirement and Disability Fund, ``(D) the Military Retirement Fund, ``(E) the Federal Supplementary Medical Insurance Trust Fund, ``(F) the Unemployment Trust Fund, ``(G) the Federal Disability Insurance Trust Fund, and ``(H) such other funds or accounts of the Government that the Director of the Office of Management and Budget, in consultation with the Comptroller General, determines should be classified as trust funds in order to fulfill the purpose of this section; ``(3) `Federal funds' includes all accounts of the Government that are not trust funds; ``(4) `total funds' means Federal funds and trust funds and represents the unified budget; ``(5) `capital assets' means physical assets and financial assets, but does not include consumable inventories; ``(6) `physical assets' means tangible assets whose ownership is or will be in the public domain; which typically produce services or benefits, including for national defense and security, for more than 2 years; and which have an initial cost equal to or more than $100,000; such assets include, but are not limited to-- ``(A) roadways and bridges; ``(B) airports and airway facilities; ``(C) mass transportation systems; ``(D) waste water treatment and related facilities; ``(E) water resource projects; ``(F) medical facilities; ``(G) resource recovery facilities; ``(H) public structures; ``(I) space and communication facilities; ``(J) defense facilities; ``(K) major weapons platforms; and ``(L) strategic petroleum reserves and mineral stockpiles; ``(7) `financial assets' means interests of the Federal Government in, and claims of the Federal Government against, foreign governments, States and their political subdivisions, corporations, associations, and individuals and their resources which are represented by a legal instrument (such as bonds, debentures, notes, and other securities), less any credit subsidy costs attributable to such financial assets; ``(8) `credit subsidy costs' means the losses incurred by the Federal Government as a result of its direct and guaranteed loans, including such costs as interest and default; ``(9) `consumable inventories' means tangible assets of the Federal Government, including stockpiles, supplies, and inventories, which typically are consumed within 2 years or which have an initial price less than $100,000; ``(10) `operating revenues' means all receipts of the Federal Government, other than those identified in paragraph (16), including profits and interest earned on financial assets; ``(11) `operating expenses' means all expenses of the Federal Government, other than those identified in paragraph (17), including interest payments on debts, asset consumption charge, and credit subsidy costs; ``(12) `the operating surplus/deficit before interfund transfers' means the difference between operating revenues and operating expenses before interfund transfers; ``(13) `interfund transfers' means the flow of revenues between Federal funds and trust funds accounts that are expenses from the account making the payments and revenues to the account receiving the payments; ``(14) `operating surplus/deficit' means the operating surplus/deficit before interfund transfers plus or minus interfund transfers; ``(15) `asset consumption charge' means the systematic allocation of the original cost--historical, replacement, or current value--of a physical asset (excluding national monuments and land) financed by the appropriation accounts for which the capital budget required by this section applies; ``(16) `capital revenues' means receipts of the Federal Government derived from the repayment of principal invested in financial assets, and taxes, collections, and receipts dedicated by statute, for the acquisition, construction, and rehabilitation of capital assets which relate to the activities, functions, and programs represented by the capital budget; ``(17) `capital investments' means expenditures of the Federal Government, including those under grants, contracts, and leases, which are for the acquisition, construction, and rehabilitation of capital assets; ``(18) `net capital investments' means the amount by which capital investments exceed the asset consumption charge; ``(19) `capital financing requirements' means net capital investments plus or minus interfund transfers; ``(20) `items not affecting funds' means noncash outlays of the Federal Government; and ``(21) `unified budget financing requirements' means the total of the operating surplus/deficit and the net capital financing requirements less items not affecting funds.''. SEC. 4. CONFORMING AMENDMENTS. (a) Duties of Comptroller General.--Section 1112 of title 31, United States Code, is amended-- (1) in subsection (c)(1) by inserting ``criteria, principles, and standards for determining the contents of the operating and capital budgets required under section 1105a of this title, and'' after ``including''; and (2) by adding at the end thereof the following new subsection: ``(g) The Comptroller General shall review and report to the Congress on the implementation of section 1105a of this title as the Comptroller General deems necessary. A review by the Comptroller General may include, but need not be limited to, determining whether (1) the actual, estimated, and proposed appropriations, receipts, and investments presented in the capital budget represent activities, functions, and programs which support the acquisition, construction, alteration, and rehabilitation of capital assets, and (2) the classifications made by the Director of the Office of Management and Budget under section 1105a(d)(2)(H) of this title further the purposes of section 1105a.''. (b) Chapter Analysis.--The analysis for chapter 11 of such title is amended by inserting after the item relating to section 1105 the following: ``1105a. Capital and operating budgets.''. SEC. 5. PUBLIC WORKS FINANCING INFORMATION. Title VII of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3211-3226) is amended by adding at the end thereof the following new section: ``SEC. 717. PUBLIC WORKS FINANCING INFORMATION. ``(a) Transportation Reports.--Not later than 12 months after the date of the enactment of the Federal Budget Structure Act of 1991, and annually thereafter, the Secretary of Transportation shall report to the House Committee on Public Works and Transportation and the Senate Committee on Environment and Public Works, at the account, function, and agency levels, the actual, estimated, and proposed appropriations, receipts, and expenditures for capital activities and operating activities associated with the following: ``(1) roadways and bridges; ``(2) airports and airway facilities; and ``(3) mass transportation systems. ``(b) Water Pollution Reports.--Not later than 12 months after the date of the enactment of the Federal Budget Structure Act of 1991, and annually thereafter, the Administrator of the Environmental Protection Agency shall report to the House Committee on Public Works and Transportation and the Senate Committee on Environment and Public Works, at the account and function levels, the actual, estimated, and proposed appropriations, receipts, and expenditures for capital activities and operating activities associated with waste water treatment and related facilities. ``(c) Water Resources Reports.--Not later than 12 months after the date of the enactment of the Federal Budget Structure Act of 1991, and annually thereafter, the Assistant Secretary of the Army for Civil Works shall report to the House Committee on Public Works and Transportation and the Senate Committee on Environment and Public Works, at the account and function levels, the actual, estimated, and proposed appropriations, receipts, and expenditures for capital activities and operating activities associated with water resource projects. ``(d) Public Buildings Reports.--Not later than 12 months after the date of the enactment of the Federal Budget Structure Act of 1991, and annually thereafter, the Administrator of the General Services Administration shall report to the House Committee on Public Works and Transportation and the Senate Committee on Environment and Public Works, at the account and function levels, the actual, estimated, and proposed appropriations, receipts, and expenditures for capital activities and operating activities associated with public buildings.''.

Federal Budget Structure Act of 1993 - Amends Federal law to require that the budget the President submits to the Congress be a unified budget comprising an operating budget and a capital budget, each presented separately for total funds, Federal funds, and trust funds. Restricts the capital budget to the major activities, projects, and programs supporting the acquisition, construction, alteration, and rehabilitation of capital assets. Includes all other items in the operating budget. Requires the following reports to specified congressional committees on capital activities and operating activities associated with: (1) roadways and bridges, airports and airway facilities, and mass transportation systems; (2) waste water treatment and related facilities; (3) water resource projects; and (4) public buildings.

Federal Budget Structure Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lost Creek Land Exchange Act of 1996''. SEC. 2. LAND EXCHANGE. (a) In General.--Notwithstanding any other provision of law, the Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall acquire by exchange certain land and interests in land owned by R-Y Timber, Inc., its successors and assigns or affiliates (referred to in this Act as ``R-Y''), located in the Lost Creek area and other areas of the Deerlodge National Forest, Montana. (b) Offer and Acceptance of Land.-- (1) Non-federal land.--If R-Y offers fee title that is acceptable to the United States to approximately 17,567 acres of land owned by R-Y and available for exchange, the Secretary shall accept a warranty deed to the land. (2) Federal land.-- (A) Conveyance.--On acceptance by the Secretary of title to R-Y's land under paragraph (1), the Secretary of the Interior shall convey to R-Y, subject to reservations and valid existing rights-- (i) by patent, fee title to approximately 3,605 acres in the Deerlodge National Forest; and (ii) by timber deed, the right to harvest approximately 46,628,000 board feet of timber on certain land in the Deerlodge National Forest, Helena National Forest, and Lewis & Clark National Forest. (B) Timber harvest provisions.-- (i) Practices.--Timber harvest practices used on the national forest land described in subparagraph (A)(ii) shall be conducted in accordance with Montana Forestry Best Management Practices, the Montana Streamside Zone Management Law (Mont. Code Ann. sec. 77-5- 301 et seq.), and all other applicable laws of the State of Montana. (ii) Relation to planned sales.--The timber harvest volume described in subparagraph (A)(ii) shall be in addition to, and not treated in any way as an offset against, the present or future planned timber sale quantities for the Deerlodge National Forest, Helena National Forest, and Lewis & Clark National Forest. (iii) Timber designations.-- (I) Contract.--To ensure the expeditious and efficient designation of the timber described in subparagraph (A)(ii), the Forest Service shall contract with a qualified private person agreed on by the Secretary and R-Y to perform the field work associated with the designations. (II) Minimum annual designations.-- Not less than 20 percent nor more than 30 percent of the timber described in subparagraph (A)(ii) shall be made available by the end of each fiscal year over a 5-year period beginning with the first fiscal year that begins after the date of enactment of this Act, and R-Y shall be allowed at least 5 years after the end of each fiscal year in which to complete the harvest of timber designated in that fiscal year. (c) Title.-- (1) Review of title.--Not later than 30 days after receipt of title documents from R-Y, the Secretary shall review the title for the non-Federal land described in subsection (b) and determine whether-- (A) the applicable title standards for Federal land acquisition have been satisfied or the quality of title is otherwise acceptable to the Secretary; (B) all draft conveyances and closing documents have been received and approved; and (C) a current title commitment verifying compliance with applicable title standards has been issued to the Secretary. (2) Unacceptable quality of title.--If the quality of title does not meet Federal standards and is not otherwise acceptable to the Secretary, the Secretary shall advise R-Y regarding corrective actions necessary to make an affirmative determination. (3) Conveyance of title.--The Secretary, acting through the Secretary of the Interior, shall effect the conveyance of land described in subsection (b) not later than 60 days after the Secretary has made an affirmative determination of quality of title. SEC. 3. GENERAL PROVISIONS. (a) Maps and Documents.-- (1) In general.--Maps pertaining to the land described in section 2 are subject to such minor corrections as may be agreed upon by the Secretary and R-Y. (2) Notification.--The Secretary shall notify the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives of any corrections made pursuant to this subsection. (3) Public availability.--The maps and documents described in section 2(b) (1) and (3) shall be on file and available for public inspection in the office of the Chief of the Forest Service. (b) National Forest System Land.--All land conveyed to the United States under this Act shall be added to and administered as part of the Deerlodge National Forest in accordance with the laws pertaining to the National Forest System. (c) Valuation.--The values of the lands and interests in land to be exchanged under this Act are deemed to be of approximately equal value. (d) Hazardous Material Liability.--The United States (including its departments, agencies, and employees) shall not be liable under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.), or any other Federal, State, or local law, solely as a result of the acquisition of an interest in the Lost Creek Tract or due to circumstances or events occurring before acquisition, including any release or threat of release of a hazardous substance.

Lost Creek Land Exchange Act of 1996 - Directs the Secretary of Agriculture to acquire certain land and interests in land owned by R-Y Timber, Inc., located in the Lost Creek area and other areas of the Deerlodge National Forest, Montana, in exchange for specified lands in the Deerlodge National Forest and the right to harvest specified amounts of timber on certain land in the Deerlodge, Helena, and Lewis and Clark National Forests. Directs that: (1) timber harvest practices used on such National Forest lands be conducted in accordance with applicable Montana law and be in addition to the present or future planned timber sale quantities for such Forests; and (2) the Forest Service enter a contract with a qualified private person agreed on by the Secretary and R-Y to perform the field work associated with the designations. Sets forth provisions regarding: (1) minimum annual designations of timber harvest; and (2) review, standards for quality, and conveyance of title. Specifies that all land conveyed to the United States under this Act shall be added to and administered as part of the Deerlodge National Forest. Deems the values of the lands and interests exchanged under this Act to be of approximately equal value. Shields the United States from liability as a result of the acquisition of an interest in the Lost Creek Tract or due to circumstances or events occurring before acquisition, including any release or threat of release of a hazardous substance.

Lost Creek Land Exchange Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Health Innovation Demonstration Act of 1993''. SEC. 2. RURAL HEALTH EXTENSION NETWORKS. Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end thereof the following new section: ``SEC. 1709. RURAL HEALTH EXTENSION NETWORKS. ``(a) Grants.--The Secretary, acting through the Health Resources and Services Administration, may award competitive grants to eligible entities to enable such entities to facilitate the development of networks among rural and urban health care providers to preserve and share health care resources and enhance the quality and availability of health care in rural areas. Such networks may be statewide or regionalized in focus. ``(b) Eligible Entities.--To be eligible to receive a grant under subsection (a) an entity shall-- ``(1)(A) be a rural health extension network that meets the requirements of subsection (c); or ``(B) be an Area Health Education Center Program; ``(2) prepare and submit to the Secretary an application at such time, in such form and containing such information as the Secretary may require; and ``(3) meets such other requirements as the Secretary determines appropriate. ``(c) Networks.--For purposes of subsection (b)(1), a rural health extension network shall be an association or consortium of three or more rural health care providers, and may include one or more urban health care provider, for the purposes of applying for a grant under this section and using amounts received under such grant to provide the services described in subsection (d). ``(d) Services.-- ``(1) In general.--An entity that receives a grant under subsection (a) shall use amounts received under such grant to-- ``(A) provide education and community decisionmaking support for health care providers in the rural areas served by the network; ``(B) utilize existing health care provider education programs, including but not limited to, the program for area health education centers under section 781, to provide educational services to health care providers and trainees including, but not limited to, physicians, nurses and nursing students in the areas served by the network; ``(C) make appropriately trained facilitators available to health care providers located in the areas served by the network to assist such providers in developing cooperative approaches to health care in such area; ``(D) facilitate linkage building through the organization of discussion and planning groups and the dissemination of information concerning the health care resources where available, within the area served by the network; ``(E) support telecommunications and consultative projects to link rural hospitals and other health care providers, and urban or tertiary hospitals in the areas served by the network; or ``(F) carry out any other activity determined appropriate by the Secretary. ``(2) Education.--In carrying out activities under paragraph (1)(B), an entity shall support the development of an information and resource sharing system, including elements targeted towards high risk populations and focusing on health promotion, to facilitate the ability of rural health care providers to have access to needed health care information. Such activities may include the provision of training to enable individuals to serve as coordinators of health education programs in rural areas. ``(3) Collection and dissemination of data.--The chief executive officer of a State shall designate a State agency that shall be responsible for collecting and regularly disseminating information concerning the activities of the rural health extension networks in that State. ``(e) Matching Requirement.--An entity that receives a grant under subsection (a) shall make available (directly or through donations from public or private entities), non-Federal contributions towards the costs of the operations of the network in an amount equal to the amount of the grant. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $10,000,000 for each of the fiscal years 1994 through 1997. ``(g) Definition.--As used in this section and section 1710, the term `rural health care providers' means health care professionals and hospitals located in rural areas. The Secretary shall ensure that for purposes of this definition, rural areas shall include any area that meets any applicable Federal or State definition of rural area. ``(h) Relation to Other Laws.-- ``(1) In general.--Notwithstanding any provision of the antitrust laws, it shall not be considered a violation of the antitrust laws for entities to develop and operate networks in accordance with this section. ``(2) Definition.--For purposes of this subsection, the term `antitrust laws' means-- ``(A) the Act entitled `An Act to protect trade and commerce against unlawful restraints and monopolies', approved July 2, 1890, commonly known as the `Sherman Act' (26 Stat. 209; chapter 647; 15 U.S.C. 1 et seq.); ``(B) the Federal Trade Commission Act, approved September 26, 1914 (38 Stat. 717; chapter 311; 15 U.S.C. 41 et seq.); ``(C) the Act entitled `An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes', approved October 15, 1914, commonly known as the `Clayton Act' (38 Stat. 730; chapter 323; 15 U.S.C. 12 et seq.; 18 U.S.C. 402, 660, 3285, 3691; 29 U.S.C. 52, 53); ``(D) the Act of June 19, 1936, commonly known as the Robinson-Patman Antidiscrimination Act (15 U.S.C. 13 et seq.); and ``(E) any State antitrust laws that would prohibit the activities described in paragraph (1).''. SEC. 3. RURAL MANAGED CARE COOPERATIVES. Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) as amended by section 2 is further amended by adding at the end thereof the following new section: ``SEC. 1710. RURAL MANAGED CARE COOPERATIVES. ``(a) Grants.--The Secretary, acting through the Health Resources and Services Administration, may award competitive grants to eligible entities to enable such entities to develop and administer cooperatives in rural areas that will establish an effective case management and reimbursement system designed to support the economic viability of essential public or private health services, facilities, health care systems and health care resources in such rural areas. ``(b) Eligible Entities.--To be eligible to receive a grant under subsection (a) an entity shall-- ``(1) prepare and submit to the Secretary an application at such time, in such form and containing such information as the Secretary may require, including a description of the cooperative that the entity intends to develop and operate using grant funds; and ``(2) meet such other requirements as the Secretary determines appropriate. ``(c) Cooperatives.-- ``(1) In general.--Amounts provided under a grant awarded under subsection (a) shall be used to establish and operate a cooperative made up of all types of health care providers, hospitals, primary access hospitals, other alternate rural health care facilities, physicians, rural health clinics, rural nurse practitioners and physician assistant practitioners, public health departments and others located in, but not restricted to, the rural areas to be served by the cooperative. ``(2) Board of directors.--A cooperative established under paragraph (1) shall be administered by a board of directors elected by the members of the cooperative, a majority of whom shall represent rural providers from the local community and include representatives from the local community. Such members shall serve at the pleasure of such members. ``(3) Executive director.--The members of a cooperative established under paragraph (1) shall elect an executive director who shall serve as the chief operating officer of the cooperative. The executive director shall be responsible for conducting the day the day operation of the cooperative including-- ``(A) maintaining an accounting system for the cooperative; ``(B) maintaining the business records of the cooperative; ``(C) negotiating contracts with provider members of the cooperative; and ``(D) coordinating the membership and programs of the cooperative. ``(4) Reimbursements.-- ``(A) Negotiations.--A cooperative established under paragraph (1) shall facilitate negotiations among member health care providers and third party payors concerning the rates at which such providers will be reimbursed for services provided to individuals for which such payors may be liable. ``(B) Agreements.--Agreements reached under subparagraph (A) shall be binding on the members of the cooperative. ``(C) Employers.--Employer entities may become members of a cooperative established under paragraph (a) in order to provide, through a member third party payor, health insurance coverage for its employees. Deductibles shall only be charged to employees covered under such insurance if such employees receive health care services from a provider that is not a member of the cooperative if similar services would have been available from a member provider. ``(D) Malpractice insurance.--A cooperative established under subsection (a) shall be responsible for identifying and implementing an affordable malpractice insurance program that shall include a requirement that such cooperative assume responsibility for the payment of a portion of the malpractice insurance premium of providers members. ``(5) Managed care and practice standards.--A cooperative established under paragraph (1) shall establish joint case management and patient care practice standards programs that health care providers that are members of such cooperative must meet to be eligible to participate in agreements entered into under paragraph (4). Such standards shall be developed by such provider members and shall be subject to the approval of a majority of the board of directors. Such programs shall include cost and quality of care guidelines including a requirement that such providers make available preadmission screening, selective case management services, joint patient care practice standards development and compliance and joint utilization review. ``(6) Confidentiality.-- ``(A) In general.--Patients records, records of peer review, utilization review, and quality assurance proceedings conducted by the cooperative should be considered confidential and protected from release outside of the cooperative. The provider members of the cooperative shall be indemnified by the cooperative for the good faith participation by such members in such the required activities. ``(B) Quality data.--Notwithstanding any other provision of law, quality data obtained by a hospital or other member of a cooperative in the normal course of the operations of the hospital or member shall be immune from discovery regardless of whether such data is used for purposes other than peer review or is disclosed to other members of the cooperative involved. ``(d) Linkages.--A cooperative shall create linkages among member health care providers, employers, and payors for the joint consultation and formulation of the types, rates, costs, and quality of health care provided in rural areas served by the cooperative. ``(e) Matching Requirement.--An entity that receives a grant under subsection (a) shall make available (directly or through donations from public or private entities), non-Federal contributions towards the costs of the operations of the network in an amount equal to the amount of the grant. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $15,000,000 for each of the fiscal years 1994 through 1997. ``(g) Relation to Other Laws.-- ``(1) In general.--Notwithstanding any provision of the antitrust laws, it shall not be considered a violation of the antitrust laws for entities to develop and operate cooperatives in accordance with this section. ``(2) Definition.--For purposes of this subsection, the term `antitrust laws' means-- ``(A) the Act entitled `An Act to protect trade and commerce against unlawful restraints and monopolies', approved July 2, 1890, commonly known as the `Sherman Act' (26 Stat. 209; chapter 647; 15 U.S.C. 1 et seq.); ``(B) the Federal Trade Commission Act, approved September 26, 1914 (38 Stat. 717; chapter 311; 15 U.S.C. 41 et seq.); ``(C) the Act entitled `An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes', approved October 15, 1914, commonly known as the `Clayton Act' (38 Stat. 730; chapter 323; 15 U.S.C. 12 et seq.; 18 U.S.C. 402, 660, 3285, 3691; 29 U.S.C. 52, 53); ``(D) the Act of June 19, 1936, commonly known as the Robinson-Patman Antidiscrimination Act (15 U.S.C. 13 et seq.); and ``(E) any State antitrust laws that would prohibit the activities described in paragraph (1).''. SEC. 4. RURAL MENTAL HEALTH OUTREACH GRANTS. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290cc-11 et seq.) is amended by adding at the end thereof the following new section: ``SEC. 520C. RURAL MENTAL HEALTH OUTREACH GRANTS. ``(a) In General.--The Secretary may award competitive grants to eligible entities to enable such entities to develop and implement a plan for mental health outreach programs in rural areas. ``(b) Eligible Entities.--To be eligible to receive a grant under subsection (a) an entity shall-- ``(1) prepare and submit to the Secretary an application at such time, in such form and containing such information as the Secretary may require, including a description of the activities that the entity intends to undertake using grant funds; and ``(2) meet such other requirements as the Secretary determines appropriate. ``(c) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to applications that place emphasis on mental health services for the elderly or children. Priority shall also be given to applications that involve relationships between the applicant and rural managed care cooperatives. ``(d) Matching Requirement.--An entity that receives a grant under subsection (a) shall make available (directly or through donations from public or private entities), non-Federal contributions toward the costs of the operations of the network in an amount equal to the amount of the grant. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $5,000,000 for each of the fiscal years 1994 through 1997.''. SEC. 5. AREA HEALTH EDUCATION CENTERS. (a) Section 746(a) of the Public Health Service Act (42 U.S.C. 293j(a)) is amended by adding at the end thereof the following new paragraph: ``(4) Stipends.-- ``(A) The Secretary make award grants under this section to rural communities to enable such communities to provide stipends to physicians, nurses, nurse practitioners, physician assistants, and other health professional trainees to encourage such individuals to provide health care services in such rural communities. In addition, the Secretary may award grants under this section to rural communities to enable such communities to provide stipends to physicians, nurses, nurse practitioners, physician assistants, and other health professionals that are practicing in rural areas to retain such individuals in such areas. ``(B) A community that receives a grant under subparagraph (A) shall make available (directly or through donations from public or private entities), non-Federal contributions toward the costs of the operations of the network in an amount equal to the amount of the grant.''. (b) Reauthorization.--Section 746(i)(1)(A) of such Act (42 U.S.C. 293j(i)(1)(A)) is amended by striking out ``$25,000,000'' and all that follows through ``1995'' and inserting in lieu thereof ``$25,000,000 for fiscal year 1993, and $42,000,000 for each of the fiscal years 1994 through 1997''.

Rural Health Innovation Demonstration Act of 1993 - Amends the Public Health Service Act to authorize competitive grants for the development of networks among rural and urban health care providers to preserve and share health care resources and enhance the quality and availability of health care in rural areas. Allows the networks to be statewide or regional. Specifies the services for which grant amounts must be used. Authorizes appropriations. Authorizes competitive grants to develop and administer cooperatives in rural areas that will establish an effective case management and reimbursement system designed to support the economic viability of essential public or private health services, facilities, health care systems, and health care resources. Involves the cooperative in matters such as third party reimbursement, employee health insurance, malpractice insurance, and managed care and practice standards. Authorizes appropriations. Authorizes competitive grants to develop and implement a plan for mental health outreach programs in rural areas. Authorizes appropriations. Authorizes grants to enable rural communities to provide stipends to physicians, nurses, physician assistants, and other health professional trainees to: (1) encourage such individuals to provide health care services in such communities; and (2) encourage such individuals who are already practicing in such communities to stay in such areas. Authorizes appropriations to carry out provisions relating to area health education centers.

Rural Health Innovation Demonstration Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Choices in Child Care Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Currently, child care assistance for children from low- income working families is severely underfunded, allowing only 1 in 7 eligible children to receive child care assistance for children from birth to age 13. (2) Funding for the Child Care and Development Block Grant Act of 1990 has remained relatively flat for 5 years, making it more difficult for children from eligible families to receive child care assistance. (3) In the majority of United States families, parents, whether married or single, must work to provide economic security for their families and, not the least, for the infants newly welcomed into the families. Fifty-five percent of women with children less than 1 year of age are part of the workforce, while 73 percent of women with children 1 year of age or older are in the workforce. (4) Research shows that the quality and nature of caretaking in the first months and years of life are critical to a young child's subsequent brain development, social development, and well-being. Healthy early development depends on nurturing and responsible relationships. (5) Research also shows that there is an extreme shortage of quality, affordable child care for infants. Numerous studies document lack of infant care and, in particular, affordable care that meets basic health and safety standards, particularly in rural areas. The current number of infant slots of licensed child care providers can only meet 18 percent of the potential need. The shortage is even more acute in rural areas, especially those with a high percentage of low-wage residents. (6) For the well-being of United States children, and for the economic security of the families on which the children depend, working parents should be able to provide child care for infants themselves without undermining family economic stability. SEC. 3. AT-HOME INFANT CARE. The Child Care and Development Block Grant Act of 1990 is amended by inserting after section 658G (42 U.S.C. 9858e) the following: ``SEC. 658H. DEMONSTRATION PROJECTS TO PROVIDE AT-HOME INFANT CARE BENEFITS. ``(a) Authority To Award Grants.-- ``(1) In general.--The Secretary shall award grants to not less than 5 and not more than 7 States to enable such States to carry out demonstration projects to provide at-home infant care benefits to eligible low-income families. ``(2) Indian tribes.--The Secretary may award grants to Indian tribes under this subsection. An Indian tribe that receives a grant under this subsection shall carry out a demonstration project to provide at-home infant care benefits to eligible low-income families. The Indian tribe shall carry out the demonstration project in the same manner, and to the same extent, as a State that receives a grant under this subsection, except that the Secretary may modify the requirements of this section as appropriate with respect to the Indian tribe. ``(3) Calculation.--Any grant awarded to an Indian tribe under paragraph (2) shall not be counted in determining the number of grants awarded to States under paragraph (1). ``(b) Demonstration Projects.-- ``(1) Application for participation and selection of states.-- ``(A) In general.--To be eligible to participate in the program carried out under this section and receive a grant under subsection (a) to carry out a demonstration project, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(B) Notice.--Not later than 90 days after the date of enactment of Choices in Child Care Act, the Secretary shall publish in the Federal Register a notice of opportunity to participate in the program and receive such a grant, specifying the contents of an application described in subparagraph (A). The notice shall include a timeframe for States to submit such an application, and shall provide that all such applications shall be submitted not later than 270 days after such date of enactment. ``(C) Selection.-- ``(i) In general.--The Secretary shall review the applications and select the participating States not later than 1 year after such date of enactment. ``(ii) Criteria.--In selecting the participating States, the Secretary shall-- ``(I) seek to ensure geographic diversity; and ``(II) give priority to States-- ``(aa) whose applications demonstrate a strong commitment to improving the quality of infant care and the choices available to parents of infants; ``(bb) with experience relevant to the operation of at-home infant care programs; and ``(cc) in which there are demonstrable shortages of infant care. ``(2) Required certifications.--A State selected to be a participating State shall provide certifications to the Secretary, with respect to the demonstration project to be carried out by the State, that-- ``(A) during the period during which the State carries out the demonstration project, the State will not reduce expenditures for child care services below the level of such expenditures made by the State in the fiscal year preceding the fiscal year in which the State began to carry out the project; ``(B) the State, in carrying out the demonstration project-- ``(i) will not give priority or preference to-- ``(I) eligible low-income families seeking to receive at-home infant care benefits through the demonstration project; over ``(II) other eligible low-income families on a waiting list for child care assistance through another program in the State; but ``(ii) will select a combination of families described in clause (i)(I) and families described in (i)(II) to receive at- home infant care benefits; ``(C) the State will-- ``(i) provide parents applying to receive at-home infant care benefits with in- formation on the range of options for child care available to the parents; ``(ii) ensure that approved applicants for at-home infant care benefits are permitted to choose between receipt of at-home infant care benefit subsidies, and receipt of certificates that may be used with an eligible child care provider for child care needed for employment; and ``(iii) provide that a family receiving at- home infant care benefit subsidies may exchange the subsidies for certificates described in clause (ii) at any time during the family's participation in the demonstration project; ``(D) the State will develop or update, and implement, a plan to improve the quality of infant care in the State, and provide parent education and support services to participants in the demonstration project; and ``(E) the State will cooperate with information collection and evaluations conducted by the Secretary. ``(3) Family eligibility.-- ``(A) In general.--To be eligible to receive at- home infant care benefits through a demonstration project under this section, a family shall-- ``(i) have a family income that does not exceed the limit specified in section 658P(4)(B); ``(ii) include a child under the age of 12 months (or, at the election of the State carrying out the demonstration project, under the age of 24 months); ``(iii) include a parent who had a recent work history (as determined in accordance with the State's requirements for such a work history) prior to application for the at-home infant care benefits; and ``(iv) meet such other eligibility requirements as the State may establish. ``(B) Two-parent families.--A State selected to carry out a demonstration project under this section shall permit 2-parent families to participate in the project but may not limit participation in the project to such families. ``(4) Amount of assistance.--The amount of an at-home infant care benefit provided to an eligible low-income family under this section for a month shall not exceed the monthly amount obtained by applying 100 percent of the State's maximum rate for a licensed family child care provider for full-time infant care. ``(5) TANF assistance.--The receipt of an at-home infant care benefit under this section shall not be considered to be assistance for any purpose under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ``(6) Benefit not treated as income.--Notwithstanding any other provision of law, the value of an at-home infant care benefit shall not be treated as income for purposes of any Federal or federally-assisted program that bases eligibility, or the amount of benefits or services provided, on need. ``(c) Evaluation and Report to Congress.-- ``(1) In general.--The Secretary shall conduct an evaluation of the demonstration projects carried out under this section and submit a report to Congress containing the results of such evaluation not later than 4 years after the date of enactment of Choices in Child Care Act. ``(2) Requirements.--In conducting the evaluation, the Secretary shall examine the following: ``(A) Implementation experiences of the States carrying out the demonstration projects in developing and operating projects providing at-home infant care benefits, including design issues and issues in coordinating at-home infant care benefits provided under this section with benefits provided or funded under another provision of this Act in the State. ``(B) The characteristics of families seeking to participate and participating in the demonstration projects providing at-home infant care benefits funded under this section. ``(C) The length of participation by families in such demonstration projects and the reasons for the families ceasing to participate in the demonstration projects. ``(D) The prior and subsequent employment of the participating families and the effect of the demonstration project participation on subsequent employment of the families. ``(E) The costs and benefits of the demonstration projects. ``(F) The effectiveness of State efforts (including tribal efforts) to improve the quality of infant care during the periods in which the demonstration projects are carried out. ``(3) Reservation of funds.--From the amount appropriated under section 658B(b) for a fiscal year, the Secretary shall reserve $1,000,000 for purposes of conducting the evaluation required under this subsection.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS AND CONFORMING AMENDMENTS. (a) Authorization of Appropriations.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended-- (1) by inserting: ``(a) In General.--'' before ``There is''; (2) by inserting ``(other than section 658H)'' after ``this subchapter''; and (3) by adding at the end the following: ``(b) Demonstration Projects To Provide At-Home Infant Care Benefits.--There is authorized to be appropriated to carry out section 658H $75,000,000 for fiscal year 2007 and each subsequent fiscal year.''. (b) Conforming Amendments.-- (1) Reservations.--Section 658O(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m(a)) is amended-- (A) in paragraph (1), by striking ``under this subchapter'' and inserting ``under section 658B(a)''; and (B) in paragraph (2), by striking ``under section 658B'' and inserting ``under section 658B(a)''. (2) Allotments.--Section 658O(b)(1) of such Act (42 U.S.C. 9858m(b)(1)) is amended by striking ``under section 658B'' and inserting ``under section 658B(a)''.

Choices in Child Care Act - Amends the Child Care and Development Block Grant Act of 1990 to require the Secretary of Health and Human Services to award grants to five to seven states for demonstration projects to provide at-home infant care benefits to low-income families. Allows grants to Indian tribes. Requires the Secretary to seek to ensure geographic diversity among participants and to give priority to states that demonstrate a commitment to improving the quality of infant care and the choices available to parents of infants, that have relevant experience, and that have a shortage of infant care. Requires states, to participate in the demonstration project, to certify to the Secretary that the state: (1) will not reduce expenditures for child care services while carrying out the project; (2) will not give priority or preference to low-income families seeking to receive at-home infant care benefits over other families on a waiting list for child care assistance through other state programs, but will select a combination of such families; and (3) will ensure that applicants are permitted to choose between receipt of at-home care subsidies and certificates for child care needed for employment. Sets forth eligibility requirements for families seeking assistance, including having a parent who had a recent work history prior to the application for benefits. Requires states to permit two-parent families to participate in the project, but prohibits states from limiting participation in the project to such families.

To establish demonstration projects to provide at-home infant care benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Payment for Quality and Value Act of 2003''. SEC. 2. DEMONSTRATION PROJECTS TO IMPROVE HEALTH CARE QUALITY AND REDUCE COSTS UNDER MEDICARE. (a) Definitions.--In this section: (1) Demonstration project.--The term ``demonstration project'' means a demonstration project established by the Secretary under subsection (b)(1). (2) Low-cost high-quality state.--The term ``low-cost high- quality State'' means a State in the top quartile of cost and quality efficiency as measured by the Centers for Medicare & Medicaid Services using 1999 program data. (3) Medicare beneficiary.--The term ``medicare beneficiary'' means an individual who is entitled to (or enrolled for) benefits under part A of the medicare program, enrolled for benefits under part B of the medicare program, or both (including an individual who is enrolled in a Medicare+Choice plan under part C of the medicare program). (4) Medicare program.--The term ``medicare program'' means the health benefits program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (b) Demonstration Projects To Improve Health Care Quality and Reduce Costs Under Medicare.-- (1) Establishment.--There is established a demonstration program under which the Secretary shall establish demonstration projects in accordance with the provisions of this section for the purpose of improving the quality of care-- (A) provided to medicare beneficiaries with high- volume and high-cost conditions; and (B) for which payment is made under the medicare program. (2) Rewarding quality care.--Under the demonstration projects, the Secretary shall increase payments under the medicare program by an amount determined by the Secretary for purposes of the demonstration projects to health care providers (as defined by the Secretary) in low-cost high-quality States that demonstrate adherence to quality standards identified by the Secretary for purposes of the demonstration projects. (c) Conduct of Demonstration Projects.-- (1) Demonstration areas.-- (A) In general.--The Secretary shall conduct demonstration projects in low-cost high-quality States selected on the basis of proposals submitted under subparagraph (B). Each demonstration project shall be conducted on a statewide basis. (B) Proposals.--The Secretary shall accept proposals to establish the demonstration projects from entities that demonstrate an intent to include multiple public and private payers and a majority of practicing physicians in a low-cost high-quality State. (2) Duration.--The Secretary shall complete the demonstration projects by the date that is 5 years after the date on which the first demonstration project is implemented. (d) Report to Congress.--Not later than the date that is 6 months after the date on which the demonstration projects end, the Secretary shall submit to Congress a report on the demonstration projects together with such recommendations for legislation or administrative action as the Secretary determines is appropriate. (e) Waiver of Medicare Requirements.--The Secretary shall waive compliance with such requirements of the medicare program to the extent and for the period the Secretary finds necessary to conduct the demonstration projects. (f) Funding.-- (1) Demonstration projects.-- (A) In general.--Subject to subparagraph (B) and paragraph (2), the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and Federal Supplementary Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t), in such proportion as the Secretary determines appropriate, of such funds as are necessary for the costs of carrying out the demonstration projects under this section. (B) Limitation.--In conducting the demonstration projects under this section, the Secretary shall ensure that the aggregate payments made by the Secretary under the medicare program do not exceed the amount which the Secretary would have paid under the medicare program if the demonstration projects under this section were not implemented. (2) Evaluation and report.--There are authorized to be appropriated such sums as are necessary for the purpose of developing and submitting the report to Congress under subsection (d). SEC. 3. INSTITUTE OF MEDICINE REPORT ON PAYMENT INCENTIVES AND PERFORMANCE UNDER THE MEDICARE+CHOICE PROGRAM. (a) Study.--The Secretary of Health and Human Services shall enter into an arrangement with the Institute of Medicine of the National Academy of Sciences under which the Institute shall conduct a study on clinical outcomes, performance, and quality of care under the Medicare+Choice program under part C of title XVIII of the Social Security Act. (b) Matters Studied.-- (1) In general.--In conducting the study under subsection (a), the Institute shall review and evaluate the public and private sector experience related to the establishment of performance measures and payment incentives. The review shall include an evaluation of the success, efficiency, and utility of structural process and performance measurements, and different methodologies that link performance to payment incentives. The review shall include the use of incentives-- (A) aimed at plans and their enrollees; (B) aimed at providers and their patients; (C) to encourage consumers to purchase based on quality and value; and (D) to encourage multiple purchasers, providers, beneficiaries, and plans within a community to work together to improve performance. (2) Identification of options.--As part of the study, the Institute shall identify options for providing incentives and rewarding performance, improve quality, outcomes, and efficiency in the delivery of programs and services under the Medicare+Choice program, including-- (A) periodic updates of performance measurements to continue rewarding outstanding performance and encourage improvements; (B) payments that vary by type of plan, such as preferred provider organization plans and MSA plans; (C) extension of incentives in the Medicare+Choice program to the fee for service program under title XVIII of the Social Security Act; and (D) performance measures needed to implement alternative methodologies to align payments with performance. (c) Report.--Not later than 18 months after the date of the enactment of this Act, the Institute shall submit to Congress and the Secretary a report on the study conducted under subsection (a).

Medicare Payment for Quality and Value Act of 2003 - Directs the Secretary of Health and Human Services to establish demonstration projects to improve care provided to Medicare beneficiaries with high-volume and high-cost conditions and for which payment is made under Medicare. Directs the Secretary to increase payments under Medicare to health care providers in low-cost high-quality States that adhere to quality standards identified by the Secretary. Defines a low-cost high-quality State as a State meeting certain cost and quality efficiency standards.Directs the Secretary to accept proposals for projects in low-cost high-quality States from entities planning to include multiple public and private payers and a majority of practicing physicians in the State.Allows the Secretary to waive compliance with such requirements of the Medicare program to the extent and for the period necessary to conduct demonstration projects under this Act.Directs the Secretary to enter into an agreement with the Institute of Medicine of the National Academy of Sciences under which the Institute shall conduct a study on clinical outcomes, performance, and quality of care under the Medicare+Choice program under the Social Security Act.

A bill to conduct statewide demonstration projects to improve health care quality and to reduce costs under the medicare program under title XVIII of the Social Security Act and to conduct a study on payment incentives and performance under the Medicare+Choice program under such title.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pascua Yaqui Tribe Land Conveyance Act''. SEC. 2. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) District.--The term ``District'' means the Tucson Unified School District No. 1, a school district recognized as such under the laws of the State of Arizona. (2) Map.--The term ``Map'' means the map titled ```Pascua Yaqui Tribe Land Conveyance Act'', dated March 14, 2016, and on file and available for public inspection in the local office of the Bureau of Land Management. (3) Recreation and public purposes act.--The term ``Recreation and Public Purposes Act'' means the Act of June 14, 1926 (43 U.S.C. 869 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Tribe.--The term ``Tribe'' means the Pascua Yaqui Tribe of Arizona, a federally recognized Indian tribe. SEC. 3. LAND TO BE HELD IN TRUST. (a) Parcel A.--Subject to subsection (b) and to valid existing rights, all right, title, and interest of the United States in and to the approximately 39.65 acres of Federal lands generally depicted on the map as ``Parcel A'' are declared to be held in trust by the United States for the benefit of the Tribe. (b) Effective Date.--Subsection (a) shall take effect on the day after the date on which the District relinquishes all right, title, and interest of the District in and to the approximately 39.65 acres of land described in subsection (a). SEC. 4. LANDS TO BE CONVEYED TO THE DISTRICT. (a) Parcel B.-- (1) In general.--Subject to valid existing rights and payment to the United States of the fair market value, the United States shall convey to the District all right, title, and interest of the United States in and to the approximately 13.24 acres of Federal lands generally depicted on the map as ``Parcel B''. (2) Determination of fair market value.--The fair market value of the property to be conveyed under paragraph (1) shall be determined by the Secretary in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. (3) Costs of conveyance.--As a condition of the conveyance under this subsection, all costs associated with the conveyance shall be paid by the District. (b) Parcel C.-- (1) In general.--If, not later than 1 year after the completion of the appraisal required by paragraph (3), the District submits to the Secretary an offer to acquire the Federal reversionary interest in all of the approximately 27.5 acres of land conveyed to the District under Recreation and Public Purposes Act and generally depicted on the map as ``Parcel C'', the Secretary shall convey to the District such reversionary interest in the lands covered by the offer. The Secretary shall complete the conveyance not later than 30 days after the date of the offer. (2) Survey.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall complete a survey of the lands described in this subsection to determine the precise boundaries and acreage of the lands subject to the Federal reversionary interest. (3) Appraisal.--Not later than 180 days after the date of enactment of this Act, the Secretary shall complete an appraisal of the Federal reversionary interest in the lands identified by the survey required by paragraph (2). The appraisal shall be completed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. (4) Consideration.--As consideration for the conveyance of the Federal reversionary interest under this subsection, the District shall pay to the Secretary an amount equal to the appraised value of the Federal interest, as determined under paragraph (3). The consideration shall be paid not later than 30 days after the date of the conveyance. (5) Costs of conveyance.--As a condition of the conveyance under this subsection, all costs associated with the conveyance, including the cost of the survey required by paragraph (2) and the appraisal required by paragraph (3), shall be paid by the District. SEC. 5. GAMING PROHIBITION. The Tribe may not conduct gaming activities on lands taken into trust pursuant to this Act, either as a matter of claimed inherent authority, under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), or under regulations promulgated by the Secretary or the National Indian Gaming Commission. SEC. 6. WATER RIGHTS. (a) In General.--There shall be no Federal reserved right to surface water or groundwater for any land taken into trust by the United States for the benefit of the Tribe under this Act. (b) State Water Rights.--The Tribe retains any right or claim to water under State law for any land taken into trust by the United States for the benefit of the Tribe under this Act. (c) Forfeiture or Abandonment.--Any water rights that are appurtenant to land taken into trust by the United States for the benefit of the Tribe under this Act may not be forfeited or abandoned. (d) Administration.--Nothing in this Act affects or modifies any right of the Tribe or any obligation of the United States under Public Law 95-375 (25 U.S.C. 1300f et seq.). Passed the House of Representatives June 7, 2016. Attest: KAREN L. HAAS, Clerk.

Pascua Yaqui Tribe Land Conveyance Act (Sec. 3) This bill declares that 39.65 acres of land are to be held in trust by the United States for the benefit of the Pascua Yaqui Tribe of Arizona, effective the day after the Tuscon Unified School District No. 1 relinquishes its interest in the land. (Sec. 4) The United States must convey to the school district 13.24 acres of federal land in exchange for payment of the fair market value of the land and the cost of conveyance. The school district may acquire the federal reversionary interest in 27.5 acres of district land by paying the appraised value, plus the costs of appraisal and conveyance, to the Department of the Interior. (Sec. 5) Gaming is prohibited on the land taken into trust pursuant to this bill. (Sec. 6) There are no federal reserved water rights for the land taken into trust. The tribe retains state water rights for this land. Water rights for this land may not be forfeited or abandoned.

Pascua Yaqui Tribe Land Conveyance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drivers Accelerated Interest Deductibility Act of 2010'' or the ``Drivers AID Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The economic health and well-being of the United States depends on a strong and resurgent automotive industry. Until 2008, automotive sales historically accounted for approximately 20 percent of all retail spending in the United States, and provided the income and financial security for millions of Americans. (2) From June 2006 through May 2008, the seasonally adjusted annual rate of automotive sales ranged from a high of approximately 17,500,000 units in June 2006 to a low of 14,200,000 units in May 2008, substantially above the 13,000,000 unit seasonally adjusted annual rate generally regarded to be the indicator of a robust automotive industry. (3) Beginning in June 2008 and continuing through the present, the seasonally adjusted annual rate of automotive sales has averaged less than 10,000,000 units and has exceeded that number in only three months and has not in any matched or exceeded the 13,000,000 unit seasonally adjusted annual rate threshold. (4) The annual contributions of the automotive new vehicle dealers industry to the national economy are substantial. In 2008, the average sales revenue for the approximately 20,000 new automobile dealers in the United States was $28,800,000 and the total sales of all new-vehicle dealerships in the United States was $576,000,000,000 which constituted 14.6 percent of total retail sales in the United States. (5) In 2008, the 1,057,500 persons employed in new-vehicle dealerships in the United States, an average of 53 employees per dealership, earned on average $48,963 per year, generating a national payroll of more than $52,000,000,000 and $2,660,000 per dealership and millions more in tax revenue for State and local governments. (6) Because a well capitalized, financially sound dealer network is essential to the success of every automobile manufacturer, especially a manufacturer facing economic challenges, preserving the viability of the new-vehicle dealer industry further the national economic interest of the United States. (7) Because sales of new vehicles is highly dependent on consumer confidence and the existence of incentives to motivate consumers to purchase a new-vehicle, a reduction in the cost of capital needed to finance the purchase of a new vehicle over a period of years will have a positive effect on the viability of the new-vehicle dealer industry, which in turn will strengthen the automotive manufacturing industry and the national economy. (8) Payment of nonmortgage interest payments, such as automobile loan debt, was deductible for Federal income tax purposes for 73 years, from the inception of the Internal Revenue Code in 1913 until Congress ended the deduction in 1986 when the Tax Reform Act of 1986 was passed. SEC. 3. DEDUCTION FOR INTEREST ON INDEBTEDNESS INCURRED TO ACQUIRE A PASSENGER CAR OR LIGHT TRUCK. (a) In General.--Paragraph (2) of section 163(h) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (E), by striking the period at the end of subparagraph (F) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(G) in the case of the acquisition of a qualified vehicle, any qualified vehicle interest if, for the calendar quarter preceding the date on which such vehicle is acquired, the average national unemployment rate for such quarter is not less than 7 percent.''. (b) Qualified Vehicle Interest.--Paragraph (5) of section 163(h) of the Internal Revenue Code of 1986 is amended to read as follows: ``(5) Qualified vehicle interest.--For purposes of paragraph (2)(G) and this paragraph-- ``(A) In general.--The term `qualified vehicle interest' means any interest which-- ``(i) is properly chargeable on indebtedness incurred in acquiring a qualified vehicle, and ``(ii) is properly allocable to the 36- month period described in subparagraph (B)(ii). ``(B) Limitations.-- ``(i) Dollar limitation.--The amount of interest taken into account under this paragraph (after the application of subparagraph (A)(ii)) with respect to a qualified vehicle shall not exceed $5,000. ``(ii) Period limitation.--Only interest on such indebtedness properly allocable to the 36- month period beginning on the date such indebtedness is incurred may be taken into account under this paragraph. ``(C) Qualified vehicle.-- ``(i) In general.--The term `qualified vehicle' means a motor vehicle-- ``(I) the original use of which commences with the taxpayer, ``(II) which is acquired for use by the taxpayer and not for resale, ``(III) with respect to which no payment is made under section 1302 of the Consumer Assistance to Recycle and Save Act of 2009, ``(IV) which is made by a manufacturer, ``(V) which is treated as a motor vehicle for purposes of title II of the Clean Air Act, ``(VI) which has a gross vehicle weight rating of 6,000 pounds or less, and ``(VII) which is a passenger automobile or light truck. ``(ii) Motor vehicle.--The term `motor vehicle' means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels. ``(iii) Other terms.--The terms `automobile', `passenger automobile', `light truck', and `manufacturer' have the meanings given such terms in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act (42 U.S.C. 7521 et seq.). ``(D) Average national unemployment rate.--The average national unemployment rate for a calendar quarter means the national unemployment rate means the average of the monthly national unemployment rates for months in the calendar quarter, as reported by the Bureau of Labor Statistics, Department of Labor.''. (c) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph: ``(22) Qualified vehicle interest.--The deduction allowed by reason of section 163(h)(5).''. (d) Effective Date.--The amendments made by this section shall apply with respect to vehicles acquired on or after January 1, 2008.

Drivers Accelerated Interest Deductibility Act of 2010 or the Drivers AID Act - Amends the Internal Revenue Code to allow a deduction from gross income of up to $5,000 for interest paid for the purchase of certain new automobiles or light trucks during periods when the national unemployment rate is 7% or greater.

To amend the Internal Revenue Code of 1986 to allow a deduction for interest paid on indebtedness incurred in connection with the purchase of a new automobile or light truck.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Officers Retirement Equity Act''. SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM. (a) Definitions.--Section 8331 of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (26); (2) by striking the period at the end of paragraph (27) and inserting a semicolon; and (3) by adding at the end the following: ``(28) `revenue officer' means an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(29) `customs inspector' means an employee of the United States Customs Service, the duties of whose position are primarily to-- ``(A) enforce laws and regulations governing the importing and exporting of merchandise; ``(B) process and control passengers and baggage; ``(C) interdict smuggled merchandise and contraband; and ``(D) apprehend (if warranted) persons involved in violations of customs laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(30) `customs canine enforcement officer' means an employee of the United States Customs Service, the duties of whose position are primarily to work directly with a dog in an effort to-- ``(A) enforce laws and regulations governing the importing and exporting of merchandise; ``(B) process and control passengers and baggage; ``(C) interdict smuggled merchandise and contraband; and ``(D) apprehend (if warranted) persons involved in violations of customs laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; and ``(31) `Immigration and Naturalization inspector' means an employee of the Immigration and Naturalization Service, the duties of whose position are primarily the controlling and guarding of the boundaries and borders of the United States against the illegal entry of aliens, including an employee engaged in this activity who is transferred to a supervisory or administrative position.''. (b) Deductions, Contributions, and Deposits.--Section 8334 of title 5, United States Code, is amended-- (1) in subsection (a)(1), by striking ``a law enforcement officer,'' and inserting ``a law enforcement officer, a revenue officer, a customs inspector, a customs canine enforcement officer, an Immigration and Naturalization inspector,''; and (2) in the table in subsection (c), by striking ``and firefighter for firefighter service.'' and inserting ``, firefighter for firefighter service, revenue officer for revenue officer service, customs inspector for customs inspector service, customs canine enforcement officer for customs canine enforcement officer service, and Immigration and Naturalization inspector for Immigration and Naturalization inspector service''. (c) Mandatory Separation.--Section 8335(b) of title 5, United States Code, is amended in the second sentence-- (1) by striking ``law enforcement officer or nuclear materials courier'' and inserting ``law enforcement officer, a revenue officer, a customs inspector, a customs canine enforcement officer, an Immigration and Naturalization inspector, or nuclear materials courier''; and (2) by inserting ``, inspector,'' after ``that officer''. (d) Immediate Retirement.--Section 8336(c)(1) of such title is amended by striking ``law enforcement officer,'' and inserting ``law enforcement officer, a revenue officer, a customs inspector, a customs canine enforcement officer, or an Immigration and Naturalization inspector,''. SEC. 3. FEDERAL EMPLOYEES RETIREMENT SYSTEM. (a) Definitions.--Section 8401 of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (32); (2) by striking the period at the end of paragraph (33) and inserting a semicolon; and (3) by adding at the end the following: ``(34) `revenue officer' means an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(35) `customs inspector' means an employee of the United States Customs Service, the duties of whose position are primarily to-- ``(A) enforce laws and regulations governing the importing and exporting of merchandise; ``(B) process and control passengers and baggage; ``(C) interdict smuggled merchandise and contraband; and ``(D) apprehend (if warranted) persons involved in violations of customs laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(36) `customs canine enforcement officer' means an employee of the United States Customs Service, the duties of whose position are primarily to work directly with a dog in an effort to-- ``(A) enforce laws and regulations governing the importing and exporting of merchandise; ``(B) process and control passengers and baggage; ``(C) interdict smuggled merchandise and contraband; and ``(D) apprehend (if warranted) persons involved in violations of customs laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; and ``(37) `Immigration and Naturalization inspector' means an employee of the Immigration and Naturalization Service, the duties of whose position are primarily the controlling and guarding of the boundaries and borders of the United States against the illegal entry of aliens, including an employee engaged in this activity who is transferred to a supervisory or administrative position.''. (b) Immediate Retirement.--Section 8412(d) of title 5, United States Code, is amended-- (1) in paragraph (1) by striking ``firefighter,'' and inserting ``firefighter, revenue officer, customs inspector, customs canine enforcement officer, Immigration and Naturalization inspector,''; and (2) in paragraph (2) by striking ``firefighter,'' and inserting ``firefighter, revenue officer, customs inspector, customs canine enforcement officer, Immigration and Naturalization inspector,''. (c) Computation of Basic Annuity.--Section 8415(g)(2) of title 5, United States Code, is amended in the matter following subparagraph (B) by inserting ``revenue officer, customs inspector, customs canine enforcement officer, Immigration and Naturalization inspector,'' after ``firefighter,''. (d) Deductions.--Section 8422(a)(3) of title 5, United States Code, is amended by inserting ``revenue officer, customs inspector, customs canine enforcement officer, Immigration and Naturalization inspector,'' before ``or air traffic controller,''. (e) Government Contributions.--Section 8423(a) of title 5, United States Code, is amended-- (1) in paragraph (1)(B)(i) by inserting ``revenue officers, customs inspectors, customs canine enforcement officers, Immigration and Naturalization inspectors,'' after ``law enforcement officers,''; and (2) in paragraph (3)(A) by inserting ``revenue officers, customs inspectors, customs canine enforcement officers, Immigration and Naturalization inspectors,'' after ``law enforcement officers,''. (f) Mandatory Separation.--Section 8425(b) of title 5, United States Code, is amended in the second sentence-- (1) by inserting ``, revenue officer, customs inspector, customs canine enforcement officer, Immigration and Naturalization inspector,'' after ``A law enforcement officer''; and (2) by striking ``that law enforcement officer'' and inserting ``that officer, inspector,''. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) Employee Contributions.--Any individual who has served as a revenue officer, customs inspector, customs canine enforcement officer, or Immigration and Naturalization inspector before the effective date of this Act, shall have such service credited and annuities determined in accordance with the amendments made by sections 1 and 2 of this Act, if such individual makes payment into the Civil Service Retirement and Disability Fund of an amount, determined by the Office of Personnel Management, which would have been deducted and withheld from the basic pay of such individual (including interest thereon) under chapters 83 and 84 of title 5, United States Code, as if such amendments had been in effect during the periods of such service. (b) Agency Contributions.--No later than 90 days after a payment made by an individual under subsection (a), the Department of the Treasury or the Department of Justice (as the case may be) shall make a payment into the Civil Service Retirement and Disability Fund of an amount, determined by the Office of Personnel Management, which would have been contributed as a Government contribution (including interest thereon) under chapters 83 and 84 of title 5, United States Code, for the service credited and annuities determined for such individual, as if the amendments made by sections 1 and 2 of this Act had been in effect during the applicable periods of service. (c) Regulations.--The Office of Personnel Management shall determine the amount of interest to be paid under this section and may promulgate regulations to carry out the provisions of this Act. SEC. 5. EFFECTIVE DATE. The provisions of this Act and amendments made by this Act shall take effect on the date occurring 90 days after the date of enactment of this Act.

Law Enforcement Officers Retirement Equity Act - Amends Federal civil service law to include as Federal law enforcement officers eligible under Civil Service Retirement System and Federal Employees' Retirement System provisions for early retirement (at age 50 after 20 years of Federal service) revenue officers in the Internal Revenue Service, customs inspectors and canine enforcement officers in the U.S. Customs Service, and inspectors in the Immigration and Naturalization Service.

Law Enforcement Officers Retirement Equity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Governors Island Preservation Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) in August 1776, the fortifications at Governors Island, New York, provided cover allowing George Washington's Continental Army to escape a British onslaught during the Battle of Long Island; (2) the State of New York, for nominal consideration, ceded control of Governors Island to the Federal Government in 1800 to provide for the defense of the United States; (3) during the War of 1812, the combined firepower of Castle Williams on Governors Island and the Southwest Battery in Manhattan dissuaded the British from making a direct attack on New York City, which was the largest city in and principal seaport of the United States at the time; (4) in 1901, 4,700,000 cubic yards of fill from the excavation of the Lexington Avenue Subway in Manhattan were deposited to increase the area of Governors Island from 90 to 172 acres; (5) Governors Island played a significant role in the Civil War, World War I, and World War II, and continued to serve the United States Army through 1966; (6) in 1958, the United States District Court for the Southern District of New York formally ratified the long possession of Governors Island by the United States through a condemnation proceeding that required ``just compensation'' of $1; (7) in 1966, the Army relocated operations from Governors Island, and the United States Coast Guard assumed control of the Island, an action that established an integral component of the Atlantic coast efforts of the Coast Guard for the following 30 years; (8) the Admiral's House on Governors Island hosted the final summit meeting between President Ronald W. Reagan and Soviet Premier Mikhail S. Gorbachev in December 1988, where the leaders presented each other with the Articles of Ratification for the Intermediate Nuclear Forces Treaty; (9) the Coast Guard ceased operations at Governors Island in 1997, leaving 225 buildings unoccupied, unused, and exposed to the harsh elements of New York Harbor; (10) Castle Williams is named after Lieutenant Colonel Jonathan Williams, who built the semi-circular ``cheesebox'' fort and later served as the first superintendent of West Point Military Academy; (11) the pentagonal Fort Jay, named after John Jay, is the complement of Fort Wood on nearby Bedloe Island, which serves as the base of the Statue of Liberty; (12) in Presidential Proclamation No. 7402 of January 19, 2001, former President Clinton established the Governors Island National Monument, consisting of Castle Williams and Fort Jay, as depicted on the map entitled ``Governors Island National Monument'' attached to the proclamation; (13) more than 200 years of contributions to the history of the United States could be lost if Governors Island were to remain vacant or be sold to a private entity; and (14) the State of New York and the city of New York have agreed to a conceptual plan to be administered by the Governors Island Redevelopment Corporation, a subsidiary of the Empire State Development Corporation, that-- (A) offers what may be the only opportunity to ensure-- (i) public access to Governors Island; (ii) the preservation and protection of historic structures on Governors Island for future generations; and (iii) the ability of local elected officials, local community boards, and community organizations to participate in the redevelopment of Governors Island; and (B) provides the public with educational, recreational, and cultural opportunities. (b) Purposes.--The purposes of this Act are-- (1) to provide for the protection of historic military structures on Governors Island in New York Harbor; (2) to provide the general public with-- (A) access to Governors Island and the Governors Island National Monument; (B) access to open park space and recreational resources; (C) access to the majestic views of New York Harbor; and (D) opportunities that illustrate the significant contributions of Governors Island to the history of the United States; (3) to return to the people of the State of New York property that the State of New York conveyed to the Federal Government, for nominal consideration, to provide for the defense of the United States; and (4) to ensure that the Secretary retains the rights necessary to operate the Governors Island National Monument. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) City.--The term ``City'' means the City of New York. (3) Corporation.--The term ``Corporation'' means Governors Island Redevelopment Corporation, a subsidiary of the Empire State Development Corporation governed by a board to be appointed by the State and the City (or any successor entity). (4) Management plan.--The term ``management plan'' means the management plan prepared under section 4(c). (5) Monument.--The term ``Monument'' means the Governors Island National Monument established by Presidential Proclamation 7402 of January 19, 2001 (66 Fed. Reg. 7855). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of New York. SEC. 4. GOVERNORS ISLAND NATIONAL MONUMENT. (a) Transfer of Administrative Jurisdiction and Management.-- Notwithstanding section 9101 of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 670) or any other provision of law, not later than 180 days after the date of enactment of this Act, the Administrator shall transfer to the Secretary, for no consideration, administrative jurisdiction over, and management of, the Monument. (b) Administration.-- (1) In general.--The Monument shall be administered by the Secretary in accordance with-- (A) this Act; and (B) laws generally applicable to units of the National Park System, including-- (i) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and (ii) the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (2) Cooperative agreements.--The Secretary, in consultation with the Corporation, may consult, and enter into cooperative agreements, with interested entities and individuals to provide for the preservation, development, interpretation, and use of the Monument. (3) Interpretive services.--Subject to agreement of the Corporation, the Secretary may provide interpretive services and signage in the Governors Island National Historic Landmark District. (c) Management Plan.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, in consultation with the Corporation and other appropriate public and private entities, the Secretary shall prepare a management plan for the Monument. (2) Applicable law.--The Secretary shall prepare the management plan in accordance with-- (A) section 12(b) of the Act entitled ``An Act to improve the administration of the national park system by the Secretary of the Interior, and to clarify the authorities applicable to the system, and for other purposes'', approved August 18, 1970 (16 U.S.C. 1a- 7(b)); and (B) other applicable law. (3) Submission.--On completion of the management plan, the Secretary shall submit the management plan to-- (A) the Committee on Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (d) Reservations.-- (1) Right of access.--As a condition of the conveyance under section 5, the Administrator shall reserve the right of access-- (A) for the Secretary to the Monument for the preservation, maintenance, and public enjoyment of the Monument; and (B) for the Secretary of Transportation for the operation and maintenance of aids to navigation located on Governors Island. (2) Utilities.--The provision of and access to utilities to the Monument shall be a condition of the conveyance under section 5-- (A) in accordance with the public service law of the State; and (B) subject to an agreement between the Secretary and the Corporation. (3) Maintenance facility.--As a condition of the conveyance under section 5, the Administrator shall reserve for the Secretary any buildings that the Secretary determines necessary for the operation and maintenance of the Monument, subject to an agreement between the Secretary and the Corporation. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out annual operation and maintenance of the Monument. SEC. 5. CONVEYANCE OF GOVERNORS ISLAND. (a) In General.-- (1) Conveyance.--Notwithstanding section 9101 of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 670) or any other provision of law, and except as provided in paragraphs (2) and (3), not later than 180 days after the date of enactment of this Act, the Administrator shall convey to the State of New York, for no consideration and for use consistent with subsections (a)(14) and (b) of section 2, all right, title, and interest of the United States in and to Governors Island, to be administered by the Corporation. (2) Limitation.--The conveyance under paragraph (1) shall be subject to the rights of the Secretary described in section 4. (3) Exclusion of monument.--The Monument shall not be included in the conveyance under paragraph (1). (b) Use and Redevelopment of Governors Island.--On completion of the conveyance under subsection (a)(1), any use of the conveyed land shall be consistent with subsections (a)(14) and (b) of section 2 and in compliance with-- (1) the New York State Environmental Quality Review Act (Sections 0101 through 0117 of the Environmental Conservation Law of New York); and (2) the document entitled ``Governors Island Preservation and Design Manual''-- (A) developed by the Administrator in accordance with-- (i) the National Historic Preservation Act (16 U.S.C. 470 et seq.); and (ii) applicable State and local historic preservation law; and (B) as approved by the Administrator, State, and City.

Governors Island Preservation Act of 2001 - Directs the Administrator of General Services to: (1) transfer the administration and management of Governors Island National Monument to the Secretary of the Interior; and (2) convey Governors Island (with the exclusion of the Monument) to New York State.Requires: (1) the Secretary to submit a management plan for the Monument within three years; and (2) the Administrator to reserve access to the Monument for the Secretary for preservation, maintenance, and public enjoyment of such Monument and for the Secretary of Transportation for the operation and maintenance of aids to navigation located on Governors Island.Requires any use of the conveyed land of Governors Island to be consistent with specified public access, preservation, and operational objectives and to be in compliance with the New York State Environmental Quality Review Act and the Governors Island Preservation and Design Manual.

A bill to convey certain Federal properties on Governors Island, New York.

SECTION 1. TEACHER EXCHANGE PROGRAM. (a) Short Title.--This Act may be cited as the ``Teacher Exchange Act of 2010''. (b) Establishment.--The Secretary of Education may make grants to local educational agencies to carry out teacher exchanges in which one local educational agency sends teachers to another local educational agency located in a different geographic region for a school year. (c) Eligibility.--To be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary certifying that such agency-- (1) has entered into a partnership with a receiving local educational agency that is located in a different geographic region, as determined by the Secretary, or has actively sought such a partnership; and (2)(A) is a high-need local educational agency; or (B) has entered into a partnership described in paragraph (1) with a high-need local educational agency, or has actively sought such a partnership. (d) Use of Funds.--The recipient of a grant under this section shall use the grant for each of the following purposes: (1) Carrying out a teacher exchange under which the recipient sends teachers employed by the recipient to a receiving local educational agency to teach or perform a similar function at such agency as such teachers had previously performed. (2) Developing and implementing a plan, through the partnership described in subsection (b), to provide participating teachers with activities designed to promote professional development, including-- (A) an orientation session or courses to prepare such teachers for-- (i) the exchange experience; (ii) the community in which the receiving local educational agency is located and the schools in such agency; and (iii) the particular grade level and curriculum assigned to the participating teacher by the receiving local educational agency; (B) a mentoring program through which a participating teacher is paired with a mentor (who is not also a participating teacher) employed by the receiving local educational agency who teaches in the same grade level or subject area that the participating teacher has been assigned to teach under the exchange; (C) a forum for participating teachers, led by an administrator or teacher at the receiving local educational agency, to engage in ongoing professional development focused on improving classroom instruction to result in improved student outcomes, including reading educational research, reviewing student work, creating and reviewing formative and summative assessments, analyzing data from student assessments, and tracking student progress; and (D) content-specific programs designed to support participating teachers in teaching the specific curriculum in place at the receiving local education agency and at the grade level to which the participating teacher is assigned. (3) Reimbursing each participating teacher for travel expenses incurred by the participating teacher while traveling to and from the receiving local educational agency, not more than twice per calendar year, for the purpose of participating in a teacher exchange funded by a grant under this section. (4) Providing housing for participating teachers while participating in such an exchange, including cost of living increases as necessary to provide such housing. (5) Providing a living stipend to participating teachers that-- (A) is added to the regular salary of such teachers each pay period, for the duration of the exchange; and (B) includes an annual cost-of-living adjustment. (6) Reimbursing the receiving local educational agency for supplies or other incidental items purchased for use by participating teachers during such an exchange. (e) Restriction.--The recipient of a grant under this section may not use the grant to pay the regular salary of participating teachers during the period of an exchange funded by a grant under this section. (f) Conditions.--As a condition of receiving a grant under this section, a grant recipient shall-- (1) ensure that each participating teacher in an exchange funded under this section has at least three years of teaching experience prior to participating in such exchange; (2) certify that such participation shall not serve as grounds for the grant recipient terminating the employment of a participating teacher; (3) ensure by contract or agreement with each participating teacher that each teacher agrees to serve-- (A) in the receiving local educational agency for a school year; and (B) in the local educational agency that selected such teacher for participation in the exchange for the duration of the two-year period following such participation unless the Secretary after determining that the performance of such service poses a significant hardship to the teacher, waives such condition; (4) certify that upon the failure of a participating teacher to satisfy a condition in paragraph (2), the grant recipient shall-- (A) recover from such teacher the amount of the grant funds that have been remitted to or on behalf of such teacher on a pro-rata basis (as determined by the Secretary); and (B) return the funds recovered under subparagraph (A) to the Secretary not later than 60 days after the recovery of such funds; and (5) if the recipient has not entered into an agreement with a receiving local educational agency by the date that is 6 months after the date of the the receipt of the grant, return the grant to the Secretary. (g) Selection Criteria.--In awarding grants under this section, the Secretary of Education shall give priority to local educational agencies that-- (1) have entered into partnerships with receiving local educational agencies before applying for a grant under this section; (2) the Secretary determines would be able to provide participating teachers with training or experience such teachers would not receive from teaching in the local educational agency where such teachers are employed, including immersion in a linguistically different culture; and (3) focus on instruction in science, math, English as a second language, special education, or other subject areas that have a high need for qualified teachers, as determined by the Secretary. (h) Definitions.--In this section: (1) The term ``local educational agency'' has the meaning given such term in section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)). (2) The term ``high-need local educational agency'' means an agency as defined in section 2102(2) of the Elementary and Secondary Act of 1965 (20 U.S.C. 6602(3)). (3) The term ``receiving local educational agency'' means a local educational agency to which a participating teacher will be sent for the duration of the exchange funded by a grant under this section. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $20,000,000 for each of fiscal years 2011 through 2016 to carry out this Act.

Teacher Exchange Act of 2010 - Authorizes the Secretary of Education to make grants to local educational agencies (LEAs) and high-need LEAs for teacher exchanges. Requires each grantee to: (1) send teachers to a receiving LEA in a different area; (2) provide participating teachers with professional development activities, travel reimbursement, housing, and a living stipend that is added to their regular salary; and (3) reimburse the receiving LEA for supplies and other incidental items purchased for use by participating teachers. Requires teachers who participate in an exchange to have had at least three years of teaching experience and agree to serve the receiving LEA for one school year and their own LEA for the two-year period following their participation in the exchange.

To authorize the Secretary of Education to make grants to local educational agencies to carry out teacher exchanges.

SECTION 1. FINDINGS AND DECLARATIONS. The Congress finds and declares that-- (1) Crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem. (2) Problems with crime at the local level are exacerbated by the interstate movement of drugs, funds, and criminal gangs. (3) Firearms and ammunition, and handguns in particular, move easily in interstate commerce, as documented in numerous hearings in both the Judiciary Committee of the House of Representatives and Judiciary Committee of the Senate. (4) In fact, even before the sale of a handgun, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce. (5) While criminals freely move from State to State, ordinary citizens may fear to travel to or through certain parts of the country due to the concern that violent crime is not under control, and foreigners may decline to travel in the United States for the same reason. (6) Just as the hardened drug kingpins begin their life in the illicit drug culture by exposure to drugs at a young age, violent criminals often start their criminal careers on streets where the ready availability of guns to young people results in the acceptability of their random use. (7) Violent crime and the use of illicit drugs go hand-in- hand, and attempts to control one without controlling the other may be fruitless. (8) Individual States and localities find it impossible to handle the problem by themselves; even States and localities that have made a strong effort to prevent, detect, and punish crime find their effort unavailing due in part to the failure or inability of other States and localities to take strong measures. (9) Inasmuch as illicit drug activity and related violent crime overflow State lines and national boundaries, the Congress has power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to combat these problems. (10) The Congress finds that it is necessary and appropriate to assist the States in controlling crime by stopping the commerce in handguns with juveniles nationwide, and allowing the possession of handguns by juveniles only when handguns are possessed and used for legitimate purposes under appropriate conditions. SEC. 2. PROHIBITION OF THE POSSESSION OF A HANDGUN OR AMMUNITION BY, OR THE PRIVATE TRANSFER OF A HANDGUN OR AMMUNITION TO, A JUVENILE. (a) Definition.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(29) The term `handgun' means-- ``(A) a firearm that has a short stock and is designed to be held and fired by the use of a single hand; and ``(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.''. (b) Offense.--Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(s)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a juvenile, or to a person who the transferor knows or has reasonable cause to believe is a juvenile-- ``(A) a handgun; or ``(B) ammunition that is suitable for use only in a handgun. ``(2) It shall be unlawful for any person who is a juvenile to knowingly possess-- ``(A) a handgun; or ``(B) ammunition that is suitable for use only in a handgun. ``(3) This subsection does not apply-- ``(A) to a temporary transfer of a handgun or ammunition to a juvenile, or to the possession or use of a handgun or ammunition by a juvenile, if the handgun and ammunition are possessed and used by the juvenile-- ``(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun; ``(ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm; ``(iii) with the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile; and ``(iv) in accordance with State and local law; ``(B) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in subparagraph (A)(i) is to take place, and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; ``(C) to a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line duty; ``(D) to a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or ``(E) to the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest. ``(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution. ``(5) For purposes of this subsection, the term `juvenile' means a person who is less than 18 years of age. ``(6)(A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant's parent or legal guardian at all proceedings. ``(B) The court may use the contempt power to enforce subparagraph (A). ``(C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.''. (c) Penalties.--Section 924(a) of title 18, United State Code, is amended-- (1) in paragraph (1) by striking ``paragraph (2) or (3) of''; and (2) by adding at the end the following new paragraph: ``(5)(A)(i) A juvenile who violates section 922(s) shall be fined under this title, imprisoned not more than 1 year, or both, except that a juvenile described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation. ``(ii) A juvenile is described in this clause if-- ``(I) the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section 922(s)(2); and ``(II) the juvenile has not been convicted in any court of an offense (including an offense under section 922(s) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense. ``(B) A person other than a juvenile who knowingly violates section 922(s)-- ``(i) shall be fined under this title, imprisoned not more than 1 year, or both; and ``(ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a crime of violence, shall be fined under this title, imprisoned not more than 10 years, or both.''. (d) Technical Amendment of Juvenile Delinquency Provisions in Title 18, United States Code.-- (1) Section 5031.--Section 5031 of title 18, United States Code, is amended by inserting ``or a violation by such person of section 922(s)'' before the period at the end. (2) Section 5032.--Section 5032 of title 18, United States Code, is amended-- (A) in the first undesignated paragraph by inserting ``or(s)'' after ``922(p)''; and (B) in the fourth undesignated paragraph by inserting ``or section 922(s) of this title,'' before ``criminal prosecution on the basis''. (e) Technical Amendment of the Juvenile Justice and Delinquency Prevention Act of 1974.--Section 223(a)(12)(A) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is amended by striking ``which do not constitute violations of valid court orders'' and inserting ``(other than an offense that constitutes a violation of a valid court order or a violation of section 922(s) of title 18, United States Code, or a similar State law)''. (f) Model Law.--The Attorney General, acting through the Director of the National Institute for Juvenile Justice and Delinquency Prevention, shall-- (1) evaluate existing and proposed juvenile handgun legislation in each State; (2) develop model juvenile handgun legislation that is constitutional and enforceable; (3) prepare and disseminate to State authorities the findings made as the result of the evaluation; and (4) report to Congress by December 31, 1994, findings and recommendations concerning the need or appropriateness of further action by the Federal Government. Passed the House of Representatives November 20, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Amends the Federal criminal code to prohibit: (1) the sale, delivery, or transfer to a juvenile, or to a person who the transferor knows or has reasonable cause to believe is a juvenile, of a handgun or ammunition that is suitable for use only in a handgun; and (2) the possession by a juvenile of a handgun or such ammunition. Makes exceptions with respect to: (1) certain temporary transfers of a handgun or ammunition to a juvenile, or to possession or use of a handgun or ammunition by a juvenile, if the handgun and ammunition are possessed and used by the juvenile in the course of employment or ranching or farming related to activities at the juvenile's residence, target practice, hunting, or a course of instruction in the safe and lawful use of a handgun, with the prior written consent of the juvenile's parent or guardian, subject to specified requirements, and in accordance with State and local law; (2) transportation by the juvenile of an unloaded handgun in a locked container, under specified circumstances; (3) a juvenile who is a member of the U.S. armed forces or the National Guard who possesses or is armed with a handgun in the line of duty; (4) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or (5) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest. Directs the court to require the presence of a juvenile defendant's parent or legal guardian at all proceedings for violations of this Act, except for good cause shown. Sets: (1) limits on the permanent confiscation by the Government of a handgun or ammunition from a juvenile; and (2) penalties for violations of this Act. Directs the Attorney General to: (1) evaluate existing and proposed juvenile handgun legislation in each State; (2) develop model juvenile handgun legislation that is constitutional and enforceable; (3) prepare and disseminate to State authorities the findings made as the result of the evaluation; and (4) report to the Congress regarding the need or appropriateness of further Government action.

Youth Handgun Safety Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Ocean and Coastal Policy Creation Act of 2003''. SEC. 2. FINDINGS. The Congress finds that there is a demonstrated need for there to be an Office of Oceans and Coastal Policy in the Executive Office of the President. SEC. 3. ESTABLISHMENT OF OFFICE OF OCEANS AND COASTAL POLICY. (a) Establishment.--There is established in the Executive Office of the President the Office of Oceans and Coastal Policy. (b) Purpose.--The purpose of the office is to develop comprehensive oceans and coastal policy and to advise the President on scientific, environmental, economic, technological, and international considerations involved in areas of national concern to ocean and coastal policy, including the sustainable use of the Nation's ocean and coastal resources, in order to provide for a better understanding and knowledge of the world's oceans. SEC. 4. DIRECTOR AND ASSOCIATE DIRECTORS. (a) Director.--There shall be at the head of the Office a Director of the Office of Oceans and Coastal Policy, who shall-- (1) be appointed by the President, by and with the advice and consent of the Senate; and (2) be compensated at a rate consistent with the compensation of the Directors of other Offices within the Executive Office of the President. (b) Associate Directors.--The President may appoint not more than 2 Associate Directors of the Office of Oceans and Coastal Policy, by and with the advice and consent of the Senate, who shall each-- (1) be compensated at a rate not to exceed the rate provided for other Associate Directors of Offices within the Executive Office of the President; and (2) shall perform such functions as the Director may prescribe. SEC. 5. FUNCTIONS OF THE DIRECTOR. (a) Primary Function.--The primary function of the Director is to provide, within the Executive Office of the President, advice on the scientific environmental, economic, technological, and international aspects of ocean and coastal issues that require the attention at the highest levels of the Government. (b) Other Functions.--The Director shall-- (1) advise the President on scientific, environmental, economic, technological, and international considerations involved in areas of national concern relating to ocean and coastal policy, including the sustainable use of the Nation's ocean and coastal resources; (2) evaluate the scale, quality, and effectiveness of the Federal effort in management and conservation of the Nation's oceans and coastal resources, and advise the President on appropriate actions to take with respect to such management and conservation; (3) advise the President on scientific, environmental, economic, technological, and international aspects of ocean and coastal considerations with regard to Federal budgets, assist the Office of Management and Budget with an annual review and analysis of funding proposed for research and development in budgets of all Federal agencies, and aid the Office of Management and Budget and the agencies throughout the budget development process; (4) assist the Office of Management and Budget with an annual review and analysis of funding proposed for research and development relating to such policy in budgets of all Federal agencies, and aid the Office of Management and Budget and Federal agencies regarding oceans and coastal policy throughout the budget development process; (5) assist the President in providing general leadership and coordination of the research and development programs of the Federal Government relating to the oceans and coastal concerns; (6) coordinate the scientific, environmental, economic, technological, and international aspects of ocean and coastal issues with the Council on Environmental Quality, the Office of Science and Technology, the Council of Economic Advisers, and other offices within the Executive Office of the President; and (7) perform such other functions and activities relating to the oceans and coastal policy as the President may prescribe. SEC. 6. CITIZENS ADVISORY COMMISSION ON OCEAN AND COASTAL POLICY. (a) Establishment.--The President shall establish a Commission on Ocean and Coastal Policy. The purpose of the Commission shall be to advise and assist the Director of the Office of Ocean and Coastal Policy in identifying and fostering policies to conserve and manage the ocean and coastal environments and resources. (b) Membership.--(1) The Commission shall consist of no less than 18 and no more than 36 members, who shall be appointed for three year terms. (2) The Commission shall be composed of the Director, the Chair of the Council on Environmental Quality, the Director of the Office of Science and Technology Policy, at least eight members to represent the interests of the States, and representatives of various interested stakeholders. (3) The Director of the Office of Ocean and Coastal Policy shall serve as the Chairman of the Commission. (4) Each member of the Commission shall, while serving on business of the Commission, be entitled to receive compensation at a rate not to exceed a daily rate to be determined by the President consistent with other Federal advisory boards. Federal and State officials serving on the Commission and serving in their official capacity shall not receive compensation in addition to their Federal or State salaries for their time on the Commission. Members of the Commission may be compensated for reasonable travel expenses while performing their duties as members of the Commission. (5) The Commission shall meet at least twice per year, or as prescribed by the President.

Office of Ocean and Coastal Policy Creation Act of 2003 - Establishes in the Executive Office of the President an Office of Oceans and Coastal Policy to: (1) develop comprehensive oceans and coastal policy; and (2) advise the President on scientific, environmental, economic, technological, and international considerations involved in areas of national concern to oceans and coastal policy, including the sustainable use of resources. Requires the President to establish a Commission on Ocean and Coastal Policy to advise and assist the presidentially appointed Director of the Office.

To establish in the Executive Office of the President the Office of Oceans and Coastal Policy.

SECTION 1. LIMITATIONS ON BASE CLOSURE AND REALIGNMENT ACTIVITIES AND CRITERIA FOR CERTAIN DECISIONS INVOLVING SUCH ACTIVITIES. (a) Findings.--Congress makes the following findings: (1) In 2012, the Department of Defense requested additional rounds of defense base closure and realignment in 2013 and 2015. (2) There have been five rounds of defense base closure and realignment (BRAC) in the last 25 years (1988, 1991, 1993, 1995, and 2005). (3) Congress has not approved additional rounds of base closure and realignment to occur after 2005, and recognizes that the 2005 round incurred substantial costs that will not be offset by savings for nearly two decades. (4) According to the Government Accountability Office, implementation of the 2005 round of defense base closure and realignment cost $35,100,000,000, or approximately $14,100,000,000 more than was estimated by the 2005 Base Closure and Realignment Commission. (5) Furthermore, the Government Accountability Office has determined that the 2005 round of defense base closure and realignment will take 17 years before taxpayers realize net savings from the round. (6) On March 8, 2012, defending the request for additional rounds of defense base closure and realignment in testimony before the Committee on Armed Services of the House of Representatives, Dr. Dorothy Robyn, Deputy Undersecretary of Defense for Installations and Environment, asserted that the Department of Defense would close military installations using non-BRAC authorities, stating that ``if Congress does not authorize additional BRAC rounds the department will be forced to use its existing authorities to begin to realign and close bases''. (7) The Department of Defense may close or realign bases only if a round of defense base closure and realignment is carried out in compliance with sections 2687 and 993 of title 10, United States Code. (8) Section 2687 of title 10, United States Code, contains ambiguous language, leading the Department of Defense to pursue significant closures and realignments without congressional approval or an authorization for a round of defense base closure and realignment. (9) Sections 2687 and 993 of title 10, United States Code, contain single action limits on reductions that are too easily circumvented by cumulative actions. (10) As demonstrated by BRAC and other closure and realignment actions, base closures and realignments can have significant effects on Department of Defense functions, current and future operational capabilities, and on host communities and States. (11) Recommendations for closures and realignments should be carried out only with the consent of Congress, which has the constitutional responsibility to ``raise and support Armies,'' ``provide and maintain a Navy,'' ``make Rules for the Government and Regulation of the land and naval Forces,'' and ``provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States''. (b) Limitations on Base Closure and Realignment Activities.-- Section 2687 of title 10, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``at which at least 300 civilian personnel are authorized to be employed''; (B) by amending paragraph (2) to read as follows: ``(2) any realignment with respect to any military installation involving a reduction in the number of military and civilian personnel authorized to be employed at such military installation at the time the Secretary of Defense notifies Congress under subsection (b) of the Secretary's proposal to close or realign such installation by more than the lesser of-- ``(A) 100; or ``(B) 50 percent of the highest number of military and civilian personnel assigned to such installation during any of the previous 4 years; or''; and (C) in paragraph (3)-- (i) by striking ``other than a military installation referred to in clause (1) or (2)''; (ii) by inserting ``military or'' before ``civilian personnel''; and (iii) by striking ``to which clause (1) or (2)'' and inserting ``to which paragraph (1) or (2)''; (2) in subsection (b)-- (A) by striking ``referred to in such subsection''; (B) in paragraph (1)-- (i) by striking ``or the Secretary of the military department concerned''; (ii) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (D), respectively; (iii) by inserting before subparagraph (B), as redesignated by clause (ii), the following new subparagraph: ``(A) a justification for the proposed action;''; (iv) in subparagraph (B), as so redesignated, by striking ``; and'' and inserting a semicolon; (v) by inserting after subparagraph (B), as so redesignated, the following new subparagraph: ``(C) a description of the alternatives considered;''; (vi) in clause (ii) of subparagraph (D), as so redesignated, by striking ``; and'' and inserting a semicolon; and (vii) by inserting after subparagraph (D), as so redesignated, the following new subparagraphs: ``(E) an estimate of the number of military, civilian, and contractor personnel affected by the proposed action; and ``(F) a plan to provide support for affected communities; and''; and (C) by amending paragraph (2) to read as follows: ``(2) Congress has enacted legislation expressly authorizing the action.''; (3) in subsection (c)-- (A) by striking ``shall not apply to the closure'' and inserting the following: ``shall not apply-- ``(1) to the closure''; (B) by striking ``or a military emergency.'' and inserting ``or a military emergency; or''; and (C) by adding at the end the following new paragraph: ``(2) to the relocation from a military installation of personnel or functions that are required to support the deployment of members of the armed forces, provided that such personnel and functions are returned to the military installation after the deployment.''; (4) in subsection (d), by striking ``(1) After the expiration'' and all that follows through ``(2) Nothing in this section'' and inserting ``Nothing in this section''; (5) in subsection (e)-- (A) in paragraph (1), by inserting ``and any public land under Bureau of Land Management control that is withdrawn and reserved for military training and testing'' after ``including any leased facility''; (B) by amending paragraph (3) to read as follows: ``(3) The term `realignment' includes any action or combination of actions within a 4-year period that reduces or relocates functions and military or civilian personnel positions, but does not include a reduction in force resulting from a reduction in military end strength levels or a reduction in total civilian personnel levels.''; (C) by striking paragraph (4); and (D) by adding at the end the following new paragraph: ``(4) The term `closure' includes any action or combination of actions that results in the elimination of all active functions at a military installation, the elimination of all military and civilian personnel positions at a military installation, or the placement of a military installation into non-active status.''; and (6) by adding at the end the following new subsections: ``(g) For purposes of this section, the component bases of a joint base shall be considered as independent military installations, and not collectively as a single military installation. ``(h) For purposes of this section, any leased space in which more than 300 combined military and civilian personnel are housed shall be considered to be an independent military installation, and shall not be considered part of a larger military installation. Functions and personnel located at a leased space may be transferred to another leased space located within 50 miles or to the nearest military installation located within 50 miles notwithstanding any limitations in this section.''.

Revises provisions concerning a required congressional notification and waiting period prior to the closure or realignment of a military installation by the Department of Defense (DOD) to instead prohibit, absent specific legislative authorization, any realignment involving a reduction of the lesser of: (1) 100 or more combined military and civilian personnel, or (2) 50% of the highest number of such personnel assigned to that installation during any of the previous four years. Allows only the Secretary of Defense (under current law, either such Secretary or the Secretary of the military department concerned) to provide such notification, and to include a description of the alternatives considered, an estimate of the number of military, civilian, and contractor personnel affected, and a plan to provide support for affected communities. Excepts from such requirements the relocation of personnel or functions required to support the deployment of members of the Armed Forces, as long as such personnel and functions are returned to the installation after the deployment. Includes as a military installation, for purposes of such requirements: (1) any public land under Bureau of Land Management control that is withdrawn and reserved for military training and testing, and (2) any leased space in which more than 300 combined military and civilian personnel are housed.

A bill to reassert the proper role of Congress in closing or realigning military installations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Finance Reform Act of 1997''. SEC. 2. LIMITATION ON AMOUNT OF NON-FEDERAL MONEY CONTRIBUTED BY NATIONAL POLITICAL PARTIES. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by adding at the end the following new paragraph: ``(9)(A) In addition to the limitation on the amount of contributions a person may make under this subsection, no person may make any payment described in subparagraph (C) to any political committee established and maintained by a national political party in any calendar year in an amount which, in the aggregate, exceeds $10,000. ``(B) For purposes of subparagraph (A), the Senatorial campaign committee and the Congressional campaign committee of each national political party shall each be treated as a separate political committee established and maintained by the party. ``(C) A payment described in this subparagraph is a payment of any gift, subscription, loan, advance, or deposit of money or anything of value made in support of the activities of a political committee established and maintained by a national political party or the party (other than any payment treated as a contribution for purposes of the limitations on contributions imposed under this subsection).''. SEC. 3. TREATMENT OF CERTAIN COMMUNICATIONS AS INDEPENDENT EXPENDITURES. Section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)) is amended to read as follows: ``(17)(A) The term `independent expenditure' means an expenditure made by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with any candidate, or any authorized committee or agent of such candidate, and which is not made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of such candidate. ``(B) For purposes of subparagraph (A), a person shall be deemed to be `expressly advocating the election or defeat of a clearly identified candidate' if the person makes any expenditure for a communication disseminated during the 90-day period which ends on the date of an election which includes the name, image, or likeness of a candidate for election for Federal office, if the person has expended an aggregate amount equal to or greater than $10,000 for such communications during such period, taking into account any expenditures for such communications made by any other person who is under the direction or control of or otherwise affiliated with the person.''. SEC. 4. RESTRICTIONS ON SOLICITATION AND TRANSFER OF FUNDS BY CANDIDATES AND PARTIES TO CERTAIN NONPROFIT ORGANIZATIONS. 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 new section: ``solicitation and transfer of funds by candidates and parties to certain nonprofit organizations ``Sec. 323. (a) Restrictions on Solicitation of Contributions by Candidates and Officeholders.-- ``(1) In general.--No individual who is a candidate for election for Federal office or who holds Federal office may solicit contributions to, or on behalf of, any organization that is exempt from Federal taxation under section 501(c) of the Internal Revenue Code of 1986 during any period for which the individual is such a candidate or holds such office if the organization is established, maintained, or controlled by such individual. ``(2) Certain individuals treated as holding federal office.--For purposes of this subsection, an individual shall be treated as holding Federal office if such individual holds a position described in level I of the Executive Schedule under 5312 of title 5, United States Code. ``(b) Prohibiting Solicitations for or Donations to Nonprofit Organizations by Parties.--No national, State, district or local committee of a political party, including the national congressional campaign committees of a political party, any entity that is directly or indirectly established, financed, maintained, or controlled by a committee of a political party, any entity acting on behalf of a committee of a political party, and any officer or agent acting on behalf of any such party committee or entity, may solicit any funds for or make any donations to any organization that is exempt from Federal taxation under section 501(c) of the Internal Revenue Code of 1986.''. SEC. 5. REQUIRING MONTHLY REPORTS FOR CERTAIN CANDIDATE COMMITTEES. (a) In General.--Section 304(a)(2)(A)(iii) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(2)(A)(iii)) is amended to read as follows: ``(iii)(I) in the case of a committee that has reported an aggregate amount of contributions during the year in an amount equal to or greater than $50,000, additional monthly reports for all months in the year other than November and December, which shall be filed no later than the 20th day after the last day of the month and shall be complete as of the last day of the month, together with a year end report which shall be filed no later than January 31 of the following calendar year, or ``(II) in the case of any other committee, additional quarterly reports, which shall be filed no later than the 15th day after the last day of each calendar quarter, and which shall be complete as of the last day of each calendar quarter: except that the report for the quarter ending December 31 shall be filed no later than January 31 of the following calendar year; and''. (b) Requiring Committees To Make Reports Available on Internet.-- (1) In general.--Section 304(a)(11)(A) of such Act (2 U.S.C. 434(a)(11)(A)) is amended by striking the period at the end and inserting the following: ``, except that a principal campaign committee of a candidate filing monthly reports pursuant to paragraph (2)(A)(iii)(I) shall file such reports by such electronic format or method and at the time of filing shall post such reports on the Internet at an Internet site established by the committee.''. (2) Internet defined.--Section 301 of such Act (2 U.S.C. 431) is amended by striking paragraph (19) and inserting the following new paragraph: ``(19) The term `Internet' means the international computer network of both Federal and non-Federal interoperable packet-switched data networks.''. SEC. 6. NONSEVERABILITY OF PROVISIONS. If any provision of this Act or any amendment made by this Act, or the application thereof to any person or circumstance, is held invalid, the remaining provisions of this Act or any amendment made by this Act shall be treated as invalid. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to amounts contributed or expended on or after the date of the enactment of this Act.

Campaign Finance Reform Act of 1997 - Amends the Federal Election Campaign Act of 1971 to: (1) set a limitation on the amount of non-Federal money that may be contributed by any person to any political committee of a national political party; (2) redefine the term "independent expenditure"; (3) restrict the solicitation of contributions by candidates and Federal officeholders to or on behalf of certain nonprofit organizations; (4) prohibit solicitations for or donations to nonprofit organizations by political parties and specified entities; and (5) revise reporting requirements to require certain principal campaign committees to file additional monthly reports electronically and make such reports available on the Internet.

Campaign Finance Reform Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Extremely Hazardous Materials Transportation Security Act of 2004''. SEC. 2. RULEMAKING. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the heads of other appropriate Federal, State, and local government entities, security experts, representatives of the hazardous materials shipping industry and labor unions representing persons who work in the hazardous materials shipping industry, and other interested persons, shall issue, after notice and opportunity for public comment, regulations concerning the shipping of extremely hazardous materials. (b) Purposes of Regulations.--The regulations shall be consistent, to the extent the Secretary determines appropriate, with and not duplicative of other Federal regulations and international agreements relating to the shipping of extremely hazardous materials and shall require-- (1) physical security measures for such shipments, such as the use of passive secondary containment of tanker valves, additional security force personnel, and surveillance technologies and barriers; (2) concerned Federal, State, and local law enforcement authorities (including, if applicable, transit, railroad, or port authority police agencies) to be informed before an extremely hazardous material is transported within, through, or near an area of concern; (3) coordination with Federal, State, and local law enforcement authorities to create response plans for a terrorist attack on a shipment of extremely hazardous materials; (4) the use of currently available technologies and systems to ensure effective and immediate communication between transporters of extremely hazardous materials, law enforcement authorities and first responders; (5) comprehensive and appropriate training in the area of extremely hazardous materials transportation security for all individuals who transport, load, unload, or are otherwise involved in the shipping of extremely hazardous materials or who would respond to an accident or incident involving a shipment of extremely hazardous material or would have to repair transportation equipment and facilities in the event of such an accident or incident; and (6) for the transportation of extremely hazardous materials through or near an area of concern, the Secretary to determine whether or not the transportation could be made by one or more alternate routes at lower security risk and, if the Secretary determines the transportation could be made by an alternate route, the use of such alternate route, except when the origination or destination of the shipment is located within the area of concern. (c) Judicial Relief.--A person (other than an individual) who transports, loads, unloads, or is otherwise involved in the shipping of hazardous materials and violates or fails to comply with a regulation issued by the Secretary under this section may be subject, in a civil action brought in United States district court, for each shipment with respect to which the violation occurs-- (1) to an order for injunctive relief; or (2) to a civil penalty of not more than $100,000. (d) Administrative Penalties.-- (1) Penalty orders.--The Secretary may issue an order imposing an administrative penalty of not more than $1,000,000 for failure by a person (other than an individual) who transports, loads, unloads, or is otherwise involved in the shipping of hazardous materials to comply with a regulation issued by the Secretary under this section. (2) Notice and hearing.--Before issuing an order described in paragraph (1), the Secretary shall provide to the person against whom the penalty is to be assessed-- (A) written notice of the proposed order; and (B) the opportunity to request, not later than 30 days after the date on which the person receives the notice, a hearing on the proposed order. (3) Procedures.--The Secretary may issue regulations establishing procedures for administrative hearings and appropriate review of penalties issued under this subsection, including necessary deadlines. SEC. 3. WHISTLEBLOWER PROTECTION. (a) In General.--No person involved in the shippping of extremely hazardous materials may be discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against because of any lawful act done by the person-- (1) to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the person reasonably believes constitutes a violation of any law, rule or regulation related to the security of shipments of extremely hazardous materials, or any other threat to the security of shipments of extremely hazardous materials, when the information or assistance is provided to or the investigation is conducted by-- (A) a Federal regulatory or law enforcement agency; (B) any Member of Congress or any committee of Congress; or (C) a person with supervisory authority over the person (or such other person who has the authority to investigate, discover, or terminate misconduct); (2) to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding or action filed or about to be filed relating to a violation of any law, rule or regulation related to the security of shipments of extremely hazardous materials or any other threat to the security of shipments of extremely hazardous materials; or (3) to refuse to violate or assist in the violation of any law, rule, or regulation related to the security of shipments of extremely hazardous materials. (b) Enforcement Action.-- (1) In general.--A person who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c), by-- (A) filing a complaint with the Secretary of Labor; or (B) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. (2) Procedure.-- (A) In general.-- An action under paragraph (1)(A) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. (B) Exception.--Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the person's employer. (C) Burdens of proof.--An action brought under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. (D) Statute of limitations.--An action under paragraph (1) shall be commenced not later than 90 days after the date on which the violation occurs. (c) Remedies.-- (1) In general.--A person prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the person whole. (2) Compensatory damages.--Relief for any action under paragraph (1) shall include-- (A) reinstatement with the same seniority status that the person would have had, but for the discrimination; (B) the amount of any back pay, with interest; and (C) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. (d) Rights Retained by Person.--Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any person under any Federal or State law, or under any collective bargaining agreement. SEC. 4. DEFINITIONS. In this Act, the following definitions apply: (1) Extremely hazardous material.--The term ``extremely hazardous material'' means-- (A) a material that is toxic by inhalation; (B) a material that is extremely flammable; (C) a material that is highly explosive; and (D) any other material designated by the Secretary to be extremely hazardous. (2) Area of concern.--The term ``area of concern'' means an area that the Secretary determines could pose a particular interest to terrorists.

Extremely Hazardous Materials Transportation Security Act of 2004 - Directs the Secretary of Homeland Security to issue regulations concerning the shipping of extremely hazardous materials that require: (1) physical security measures; (2) Federal, State, and local law enforcement authorities to be informed before such material is transported within, through, or near an area of concern; (3) coordination among such authorities to create response plans for a terrorist attack; (4) the use of currently available technologies and systems to ensure effective communication between material transporters, law enforcement authorities, and first responders; (5) comprehensive training for all individuals involved in the shipping of such materials; and (6) the Secretary to determine whether transportation through or near an area could be made by alternate routes at a lower security risk. Subjects a person (other than an individual) who violates such a regulation to injunctive relief or a civil penalty of up to $100,000. Authorizes the Secretary to impose administrative penalties. Sets forth provisions regarding whistleblower protection involving the security of shipments of such materials.

To direct the Secretary of Homeland Security to issue regulations concerning the shipping of extremely hazardous materials.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accounts Receivable Insurance Program Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Small manufacturers are hurt much more than their larger competitors when delays in payments of accounts receivable occur. These small firms hold millions of dollars in outstanding receivables. Especially in an economic slowdown, many larger firms delay payments to their downstream suppliers causing disruptions in the domestic industrial supply chain, creating a greater need to insure payment on terms. (2) As the number and size of accounts receivables outstanding increases, these businesses have fewer resources to buy raw materials, hire workers, and access adequate lines of credit. Small manufacturers and their creditors need additional assurance that customers will pay their accounts on reasonable terms. (3) Failure of payment to downstream suppliers in a reasonable amount of time has had a significant negative impact on the cash flow of small suppliers. The moment a lender sees that a supplier is involved in a financially troubled industry such as the auto industry, they move the supplier into a high risk category or will not extend credit. Government guaranteed account receivables insurance would allow the middle-market companies access to credit lines they need to continue day-to- day operations. SEC. 3. DEFINITIONS. For the purpose of this Act the following definitions apply: (1) Financial institution.--The term ``financial institution'' means an establishment engaged in financial transactions (transactions involving the creation, liquidation, or change in ownership of financial assets) and/or in facilitating financial transactions. (2) Insurance institution.--The term ``insurance institution'' means an establishment that is primarily engaged in one of the following: (A) Underwriting (assuming the risk, assigning premiums, and so forth) annuities and insurance policies. (B) Facilitating such underwriting by selling insurance policies, and by providing other insurance and employee-benefit related services. (3) Guarantee.--The term ``guarantee'' has the same meaning as is given the term ``loan guarantee'' in section 502(3) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(3)). (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 4. ACCOUNTS RECEIVABLE INSURANCE. (a) Establishment of Program.--There is established within the Department of the Treasury a government-backed private accounts receivable insurance program to assist small manufacturers in the underwriting and guarantee of payment on terms through the insurance of their accounts receivable. (b) Terms and Conditions.-- (1) Guarantee.--The Secretary shall, to the extent amounts are made available under subsection (c), insure accounts receivable underwritten by financial or insurance institutions for small manufacturing businesses. (2) Application.-- (A) A small manufacturing business shall submit an application to a financial or insurance institution for participation in the program established under this section at such time, in such manner, and accompanied by such information as the Secretary may require. (B) A financial or insurance institution shall not deny an application solely based on a small manufacturing business's lack of short term positive cash flow or solely on the nature of their customers' industry classification. (3) Default.--If a small manufacturing business defaults on any portion of an obligation guaranteed under paragraph (1)-- (A) the financial or insurance institution shall have the right to demand payment of the unpaid amount from the Secretary in exchange for payment of a fee equal to .5 percent of such amount; and (B) within such period as the Secretary shall specify, the Secretary shall pay to the financial or insurance institution the remaining balance of the obligation, unless the Secretary determines that such small business or institution has not taken reasonable steps to seek collection of such obligation in a reasonably timely manner, which steps shall include-- (i) exhausting all efforts to enforce all terms and penalties set forth in the underlying contract; (ii) making successive efforts by registered mail or other similar method on a regular schedule; and (iii) pursuing legal action. (4) Limitation.--A financial or insurance institution shall not be eligible for a guarantee under paragraph (1) if such institution insured the accounts receivable of a small manufacturing business for less than 80 percent of the value of such accounts receivable insured. (c) Funding.--Funding as may be necessary, not to exceed $500,000,000, for the cost of guarantees under this section shall be available to the Secretary, without further appropriation or fiscal year limitation, for the costs of such program. All funds received by the Secretary in connection with purchases made pursuant to paragraph (1), including interest payments, dividend payments, and proceeds from the sale of any financial instrument, shall be paid into the general fund of the Treasury for reduction of the public debt. (d) Sunset.--The Secretary may not enter into any contracts or agreements with financial institutions to make any guarantees under this section after December 31, 2011, or on the date that is 1 year after the date of the enactment of this Act, whichever is later. (e) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue regulations to carry out the purposes of this section.

Accounts Receivable Insurance Program Act - Establishes within the Treasury a government-backed private accounts receivable insurance program to assist small manufacturers in the underwriting and guarantee of payment through the insurance of their accounts receivable. Directs the Secretary of the Treasury to insure (guarantee) accounts receivable underwritten by financial or insurance institutions for small manufacturing businesses and, if a small manufacturing business defaults, to pay such an institution any remaining balance of an obligation of a small manufacturing business that is covered under the insurance. Prohibits a financial or insurance institution from being eligible for a guarantee under the program if the institution insured the accounts receivable of a small manufacturing business for less than 80% of their value. Provides program funding. Prohibits the Secretary from entering into guarantees with institutions under the program after December 31, 2011, or one year after the enactment of this Act, whichever is later.

To support and strengthen small businesses manufacturing in America, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Financial Aid Data Privacy Protection Act''. SEC. 2. NATIONAL STUDENT LOAN DATA SYSTEM. Section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b) is amended-- (1) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; (2) by inserting after subsection (c) the following: ``(d) Principles for Administering the Data System.--In managing the National Student Loan Data System, the Secretary shall take actions necessary to maintain confidence in the data system, including, at a minimum-- ``(1) ensuring that the primary purpose of access to the data system by guaranty agencies, eligible lenders, and eligible institutions of higher education is for legitimate program operations, such as the need to verify the eligibility of a student, potential student, or parent for loans under part B, D, or E; ``(2) prohibiting nongovernmental researchers and policy analysts from accessing personally identifiable information; ``(3) creating a disclosure form for students and potential students that is distributed when such students complete the common financial reporting form under section 483, and as a part of the exit counseling process under section 485(b), that-- ``(A) informs the students that any title IV grant or loan the students receive will be included in the National Student Loan Data System, and instructs the students on how to access that information; ``(B) describes the categories of individuals or entities that may access the data relating to such grant or loan through the data system, and for what purposes access is allowed; ``(C) defines and explains the categories of information included in the data system; ``(D) provides a summary of the provisions of the Federal Educational Rights and Privacy Act of 1974 and other applicable Federal privacy statutes, and a statement of the students' rights and responsibilities with respect to such statutes; ``(E) explains the measures taken by the Department to safeguard the students' data; and ``(F) includes other information as determined appropriate by the Secretary; ``(4) requiring guaranty agencies, eligible lenders, and eligible institutions of higher education that enter into an agreement with a potential student, student, or parent of such student regarding a loan under part B, D, or E, to inform the student or parent that such loan shall be-- ``(A) submitted to the data system; and ``(B) accessible to guaranty agencies, eligible lenders, and eligible institutions of higher education determined by the Secretary to be authorized users of the data system; ``(5) regularly reviewing the data system to-- ``(A) delete inactive users from the data system; ``(B) ensure that the data in the data system are not being used for marketing purposes; and ``(C) monitor the use of the data system by guaranty agencies and eligible lenders to determine whether an agency or lender is accessing the records of students in which the agency or lender has no existing financial interest; and ``(6) developing standardized protocols for limiting access to the data system that include-- ``(A) collecting data on the usage of the data system to monitor whether access has been or is being used contrary to the purposes of the data system; ``(B) defining the steps necessary for determining whether, and how, to deny or restrict access to the data system; and ``(C) determining the steps necessary to reopen access to the data system following a denial or restriction of access.''; and (3) by striking subsection (e) (as redesignated by paragraph (1)) and inserting the following: ``(e) Reports to Congress.-- ``(1) Annual report.--Not later than September 30 of each fiscal year, the Secretary shall prepare and submit to the appropriate committees of Congress a report describing-- ``(A) the results obtained by the establishment and operation of the National Student Loan Data System authorized by this section; ``(B) the effectiveness of existing privacy safeguards in protecting student and parent information in the data system; ``(C) the success of any new authorization protocols in more effectively preventing abuse of the data system; ``(D) the ability of the Secretary to monitor how the system is being used, relative to the intended purposes of the data system; and ``(E) any protocols developed under subsection (d)(6) during the preceding fiscal year. ``(2) Study.-- ``(A) In general.--The Secretary shall conduct a study regarding-- ``(i) available mechanisms for providing students and parents with the ability to opt in or opt out of allowing eligible lenders to access their records in the National Student Loan Data System; and ``(ii) appropriate protocols for limiting access to the data system, based on the risk assessment required under subchapter III of chapter 35 of title 44, United States Code. ``(B) Submission of study.--Not later than 3 years after the date of enactment of the Student Financial Aid Data Privacy Protection Act, the Secretary shall prepare and submit a report on the findings of the study to the appropriate committees of Congress.''.

Student Financial Aid Data Privacy Protection Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to take actions necessary to maintain confidence in the National Student Loan Data System, at a minimum: (1) ensuring that guaranty agencies, lenders, and schools primarily access it for legitimate program operations; (2) prohibiting nongovernmental researchers or policy analysts from accessing personally identifiable information; (3) creating a disclosure form for actual and potential students describing the contents of, and access to, the system; (4) requiring guaranty agencies, lenders, and schools to inform borrowers of Federal Family Education Loans, Direct Loans, and Perkins Loans that such a loan will be submitted to the system and accessible to such entities; (5) regularly review the system to delete inactive users, monitor use, and ensure that data is not used for marketing purposes; and (6) developing standardized protocols for limiting access. Requires the Secretary to study and report to Congress on: (1) mechanisms giving borrowers the option of restricting lender access to their system records; and (2) appropriate risk-based protocols for limiting access.

A bill to improve the National Student Loan Data System.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Insurance Claim Prompt Payment Act of 1997''. SEC. 2. PROMPT PAYMENT OF PROVIDER CLAIMS. (a) Group Health Plans.-- (1) Public health service act amendments.--Subpart 2 of part A of title XXVII of the Public Health Service Act (as added by section 604(a) of the Newborns' and Mothers' Health Protection Act of 1996 and amended by section 703(a) of the Mental Health Parity Act of 1996) is amended by adding at the end the following new section: ``SEC. 2706. STANDARDS RELATING TO PROMPT PAYMENT OF PROVIDER CLAIMS. ``(a) In General.--To the extent that a group health plan, or a health insurance issuer offering group health insurance coverage, fails to provide for the issue, mailing, or transmission of payment for a clean claim within 30 calendar days after the date the plan or issuer receives a clean claim, the plan or issuer shall provide for payment of interest on the unpaid balance at the rate of interest and for the same period specified in section 1842(c)(2)(C) of the Social Security Act for purposes of part B of title XVIII of such Act. ``(b) Contract Limitations.--No provision of a contract between a group health plan and a provider of health services, or between a health insurance issuer and a provider of health services in relation to provision of items and services in connection with group health insurance coverage by the issuer, shall be given effect to the extent it prevents the application of subsection (a). Such a provision may be given effect to the extent it-- ``(1) requires payment to be made more promptly than as provided in subsection (a), ``(2) provides for a higher interest rate than that provided under subsection (a), or ``(3) otherwise provides for greater sanctions or remedies in the case of a failure by a plan or issuer to make prompt payment on claims under the plan or under the health insurance coverage involved. ``(c) Clean Claim Defined.--For purposes of this section, the term `clean claim' means a claim that has no defect or impropriety (including any lack of any required substantiating documentation) or particular circumstance requiring special treatment that prevents timely payment from being made on the claim under the group health plan or health insurance coverage involved.''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (as added by section 603(a) of the Newborns' and Mothers' Health Protection Act of 1996 and amended by section 702(a) of the Mental Health Parity Act of 1996) is amended by adding at the end the following new section: ``SEC. 713. STANDARDS RELATING TO PROMPT PAYMENT OF PROVIDER CLAIMS. ``(a) In General.--To the extent that a group health plan, or a health insurance issuer offering group health insurance coverage, fails to provide for the issue, mailing, or transmission of payment for a clean claim within 30 calendar days after the date the plan or issuer receives a clean claim, the plan or issuer shall provide for payment of interest on the unpaid balance at the rate of interest and for the same period specified in section 1842(c)(2)(C) of the Social Security Act for purposes of part B of title XVIII of such Act. ``(b) Contract Limitations.--No provision of a contract between a group health plan and a provider of health services, or between a health insurance issuer and a provider of health services in relation to provision of items and services in connection with group health insurance coverage by the issuer, shall be given effect to the extent it prevents the application of subsection (a). Such a provision may be given effect to the extent it-- ``(1) requires payment to be made more promptly than as provided in subsection (a), ``(2) provides for a higher interest rate than that provided under subsection (a), or ``(3) otherwise provides for greater sanctions or remedies in the case of a failure by a plan or issuer to make prompt payment on claims under the plan or under the health insurance coverage involved. ``(c) Clean Claim Defined.--For purposes of this section, the term `clean claim' means a claim that has no defect or impropriety (including any lack of any required substantiating documentation) or particular circumstance requiring special treatment that prevents timely payment from being made on the claim under the group health plan or health insurance coverage involved.''. (B) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (C) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Standards relating to prompt payment of provider claims.''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act (as added by section 605(a) of the Newborn's and Mother's Health Protection Act of 1996) is amended by inserting after section 2751 the following new section: ``SEC. 2752. STANDARDS RELATING TO PROMPT PAYMENT OF PROVIDER CLAIMS. ``The provisions of section 2706 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Effective Dates.--The amendments made by this section shall apply with respect to payment for items and services furnished on or after the date this is 1 year after the date of the enactment of this Act.

Health Insurance Claim Prompt Payment Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act, as amended by the Newborns' and Mothers' Health Protection Act of 1996 and the Mental Health Parity Act of 1996, to: (1) require group health plans and group and individual health insurance coverage to pay interest on clean provider claims that are not paid within 30 days; and (2) establish standards relating to prompt payment of such claims.

Health Insurance Claim Prompt Payment Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmacists Medicare Relief Act of 2006''. SEC. 2. PROMPT PAYMENT BY PRESCRIPTION DRUG PLANS AND MA-PD PLANS UNDER PART D. (a) Prompt Payment by Prescription Drug Plans.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(4) Prompt payment of clean claims.-- ``(A) Prompt payment.-- ``(i) In general.--Each contract entered into with a PDP sponsor under this section with respect to a prescription drug plan offered by such sponsor shall provide that payment shall be issued, mailed, or otherwise transmitted with respect to all clean claims submitted under this part within the applicable number of calendar days after the date on which the claim is received. ``(ii) Clean claim defined.--In this paragraph, the term `clean claim' means a claim that has no defect or impropriety (including any lack of any required substantiating documentation) or particular circumstance requiring special treatment that prevents timely payment from being made on the claim under this part. ``(B) Applicable number of calendar days defined.-- In this paragraph, the term `applicable number of calendar days' means-- ``(i) with respect to claims submitted electronically, 14 days; and ``(ii) with respect to claims submitted otherwise, 30 days. ``(C) Interest payment.--If payment is not issued, mailed, or otherwise transmitted within the applicable number of calendar days (as defined in subparagraph (B)) after a clean claim is received, interest shall be paid at a rate equal to the weighted average of interest on 3-month marketable Treasury securities determined for such period, increased by 0.1 percentage point for the period beginning on the day after the required payment date and ending on the date on which payment is made. ``(D) Procedures involving claims.-- ``(i) In general.--A contract entered into with a PDP sponsor under this section with respect to a prescription drug plan offered by such sponsor shall provide that, not later than 10 days after the date on which a clean claim is submitted, the PDP sponsor shall provide the claimant with a notice that acknowledges receipt of the claim by such sponsor. Such notice shall be considered to have been provided on the date on which the notice is mailed or electronically transferred. ``(ii) Claim deemed to be clean.--A claim is deemed to be a clean claim if the PDP sponsor involved does not provide notice to the claimant of any deficiency in the claim within 10 days of the date on which the claim is submitted. ``(iii) Claim determined to not be a clean claim.-- ``(I) In general.--If a PDP sponsor determines that a submitted claim is not a clean claim, the PDP sponsor shall, not later than the end of the period described in clause (ii), notify the claimant of such determination. Such notification shall specify all defects or improprieties in the claim and shall list all additional information or documents necessary for the proper processing and payment of the claim. ``(II) Determination after submission of additional information.-- A claim is deemed to be a clean claim under this paragraph if the PDP sponsor involved does not provide notice to the claimant of any defect or impropriety in the claim within 10 days of the date on which additional information is received under subclause (I). ``(III) Payment of clean portion of a claim.--A PDP sponsor shall, as appropriate, pay any portion of a claim that would be a clean claim but for a defect or impropriety in a separate portion of the claim in accordance with subparagraph (A). ``(iv) Obligation to pay.--A claim submitted to a PDP sponsor that is not paid or contested by the provider within the applicable number of days (as defined in subparagraph (B)) shall be deemed to be a clean claim and shall be paid by the PDP sponsor in accordance with subparagraph (A). ``(v) Date of payment of claim.--Payment of a clean claim under such subparagraph is considered to have been made on the date on which full payment is received by the provider. ``(E) Private right of action.-- ``(i) In general.--Nothing in this paragraph shall be construed to prohibit or limit a claim or action not covered by the subject matter of this section that any individual or organization has against a provider or a PDP sponsor. ``(ii) Anti-retaliation.--Consistent with applicable Federal or State law, a PDP sponsor shall not retaliate against an individual or provider for exercising a right of action under this subparagraph.''. (b) Prompt Payment by MA-PD Plans.--Section 1857(f) of the Social Security Act (42 U.S.C. 1395w-27(f)) is amended by adding at the end the following new paragraph: ``(3) Incorporation of certain prescription drug plan contract requirements.--The provisions of section 1860D- 12(b)(4) shall apply to contracts with a Medicare Advantage organization in the same manner as they apply to contracts with a PDP sponsor offering a prescription drug plan under part D.''. (c) Effective Date.--The amendments made by this section shall apply to contracts entered into or renewed on or after the date of the enactment of this Act. SEC. 3. RESTRICTION ON CO-BRANDING. (a) In General.--Section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-104) is amended-- (1) in subsection (b)(2)(A), by striking ``The PDP sponsor'' and inserting ``Subject to subsection (l), the PDP sponsor''; and (2) by adding at the end the following new subsection: ``(l) Co-Branding Prohibited.--A card that is issued under subsection (b)(2)(A) for use under a prescription drug plan offered by a PDP sponsor or an MA-PD plan offered by a Medicare Advantage organization and any marketing materials distributed with respect to such a plan shall not display the name or brand of any pharmacy.''. (b) Penalty.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b) is amended by adding at the end the following new subsection: ``(g) Whoever knowingly and willfully engages in co-branding prohibited under section 1860D-4(l) with respect to a prescription drug plan offered by a PDP sponsor under part D of title XVIII or a Medicare Advantage plan offered by a Medicare Advantage organization under part C of such title, shall be guilty of a felony and upon conviction thereof shall be fined not more than $25,000 or imprisoned for not more than five years, or both.''. (c) Effective Date.--The amendments made by this section shall apply to cards and marketing materials distributed on or after the date that is 90 days after the date of the enactment of this Act.

Pharmacists Medicare Relief Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to require prompt payment of clean claims to pharmacies by prescription drug plans (PDPs) and Medicare Advantage prescription drug plans (MA-PD Plans). Defines prompt payment as within 14 days from submission for claims submitted electronically, and within 30 days for claims submitted otherwise. Requires payment of interest, also, if a payment is not issued, mailed, or otherwise transmitted within the applicable number of calendar days. Prohibits a Medicare prescription drug card issued by a PDP sponsor or an MA-PD plan, and any related marketing materials, from displaying the name or brand of any pharmacy (co-branding). Prescribes criminal penalties for engaging in prohibited co-branding.

To amend title XVIII of the Social Security Act to require the sponsor of a prescription drug plan or an organization offering an MA-PD plan to promptly pay claims submitted under part D, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Karst Conservation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) In the Karst Region of the Commonwealth of Puerto Rico there are-- (A) some of the largest areas of tropical forests in Puerto Rico, with a higher density of tree species than any other area in the Commonwealth; and (B) unique geological formations that are critical to the maintenance of aquifers and watersheds that constitute a principal water supply for much of the Commonwealth. (2) The Karst Region is threatened by development that, if unchecked, could permanently damage the aquifers and cause irreparable damage to natural and environmental assets that are unique to the United States. (3) The Commonwealth has 1 of the highest population densities in the United States, which makes the protection of the Karst Region imperative for the maintenance of the public health and welfare of the citizens of the Commonwealth. (4) The Karst Region-- (A) possesses extraordinary ecological diversity, including the habitats of several endangered and threatened species and tropical migrants; and (B) is an area of critical value to research in tropical forest management. (5) Coordinated efforts at land protection by the Federal Government and the Commonwealth are necessary to conserve the environmentally critical Karst Region. (b) Purposes.--The purposes of this Act are-- (1) to authorize and support conservation efforts to acquire, manage, and protect the tropical forest areas of the Karst Region, with particular emphasis on water quality and the protection of the aquifers that are vital to the health and wellbeing of the citizens of the Commonwealth; and (2) to promote cooperation among the Commonwealth, Federal agencies, corporations, organizations, and individuals in those conservation efforts. SEC. 3. DEFINITIONS. In this Act: (1) Commonwealth.--The term ``Commonwealth'' means the Commonwealth of Puerto Rico. (2) Forest legacy program.--The term ``Forest Legacy Program'' means the program established under section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c). (3) Fund.--The term ``Fund'' means the Puerto Rico Karst Conservation Fund established by section 5. (4) Karst region.--The term ``Karst Region'' means the areas in the Commonwealth generally depicted on the map entitled ``Karst Region Conservation Area'' and dated March 2001, which shall be on file and available for public inspection in-- (A) the Office of the Secretary, Puerto Rico Department of Natural and Environmental Resources; and (B) the Office of the Chief of the Forest Service. (5) Land.--The term ``land'' includes land, water, and an interest in land or water. (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. CONSERVATION OF THE KARST REGION. (a) Federal Cooperation and Assistance.--In furtherance of the acquisition, protection, and management of land and forest resources in and adjacent to the Karst Region, and in furtherance of the implementation of related natural resource conservation strategies, the Secretary may-- (1) make grants to and enter into contracts and cooperative agreements with the Commonwealth, other Federal agencies, organizations, corporations, and individuals; and (2) use all authorities available to the Secretary, including-- (A) the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et seq.); (B) section 1472 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318); (C) section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a); and (D) the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.). (b) Funding Sources.--The activities authorized by this section may be carried out using-- (1) amounts in the Fund; (2) amounts in the fund established by section 4(b) of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1643(b)); (3) funds appropriated from the Land and Water Conservation Fund; (4) funds appropriated for the Forest Legacy Program; and (5) any other funds made available for those activities. (c) Management.-- (1) Principal management objectives.--Land acquired under the authority of this section or using funds made available under this section shall be managed in a manner to protect and conserve the water quality and aquifers and the geological, ecological, fish and wildlife, and other natural values of the Karst Region. (2) Other uses.--The resulting owner of land acquired under the authority of this section or using funds made available under this section shall permit public recreation and other uses of the acquired land to the extent that the owner determines that the recreation or other use is compatible with the principal management objectives specified in paragraph (1). (3) Failure to manage as required.--In any deed, grant, contract, or cooperative agreement implementing this Act and the Forest Legacy Program in the Commonwealth, the Secretary may require that, if land acquired by the Commonwealth or other cooperating entity under this Act is sold or conveyed in whole or part, or is not managed in conformity with paragraph (1), title to the land shall, at the discretion of the Secretary, vest in the United States. (4) Federally owned land.--Any federally owned land acquired by the Secretary in the Karst Region shall be managed by the Secretary in accordance with paragraphs (1) and (2) and the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et seq.). (d) Willing Sellers.--Any land acquired by the Secretary in the Karst Region shall be acquired only from a willing seller. (e) Relation to Other Authorities.--Nothing in this Act-- (1) diminishes any other authority that the Secretary may have to acquire, protect, and manage land and natural resources in the Commonwealth; or (2) exempts the Federal Government from Commonwealth water laws. SEC. 5. PUERTO RICO KARST CONSERVATION FUND. (a) Establishment.--There is established in the Treasury an interest bearing account to be known as the ``Puerto Rico Karst Conservation Fund''. (b) Credits to Funds.--There shall be credited to the Fund-- (1) amounts appropriated to the Fund; (2) amounts donated to the Fund; (3) amounts received by the Administrator of General Services from the disposal of surplus real property in the Commonwealth under subtitle I of title 40, United States Code; and (4) interest derived from amounts in the Fund. (c) Use of Fund.--Amounts in the Fund shall be available to the Secretary until expended, without further appropriation, to carry out section 4. SEC. 6. MISCELLANEOUS PROVISIONS. (a) Donations.-- (1) Authority to accept.--The Secretary may accept donations, including land and money, made by public and private agencies, corporations, organizations, and individuals in furtherance of the purposes of this Act. (2) Treatment of donors.--The Secretary may accept donations even if the donor conducts business with or is regulated by the Department of Agriculture or any other Federal agency. (3) Treatment of donations.--A donation of land, property and money accepted by the Secretary under the authority of this Act shall be considered as a gift, bequest, or devise to the United States in the same manner as provided in Public Law 95- 442 (7 U.S.C. 2269). (b) Relation to Forest Legacy Program.-- (1) In general.--All land in the Karst Region shall be eligible for inclusion in the Forest Legacy Program. (2) Cost sharing.--The Secretary may credit donations made under subsection (a) to satisfy any cost-sharing requirements of the Forest Legacy Program. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Puerto Rico Karst Conservation Act - Authorizes the Secretary of Agriculture to make grants, enter contracts, and exercise specified authorities to acquire, protect, and manage land and forest resources in and adjacent to the Karst Region of Puerto Rico for the purpose of protecting and conserving the water quality and aquifers and the geological, ecological, fish and wildlife, and other natural values of the Region. Establishes the Puerto Rico Karst Conservation Fund which shall be available to the Secretary for purposes of this Act. Makes all lands in the Region eligible for inclusion in the Forest Legacy Program.

To protect the critical aquifers and watersheds that serve as a principal water source for the Commonwealth of Puerto Rico, to protect the tropical forests of the Karst Region of the Commonwealth, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``California Coastal National Monument Expansion Act''. SEC. 2. PURPOSES. (a) Findings.--Congress finds the following: (1) Presidential Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg. 2821), designated over 20,000 islands, rocks, and pinnacles along the approximtely 1,100-mile California coastline as the California Coastal National Monument to protect the biological treasures situated offshore on thousands of unappropriated or unreserved areas of land owned or controlled by the Federal Government within 12 nautical miles of the shoreline. (2) Presidential Proclamation Number 9089, dated March 11, 2014 (79 Fed. Reg. 14603), expanded the boundary of the Monument to include 1,665 acres of Federal land administered by the Bureau of Land Management along the Northern California coastline in Mendocino County, commonly known as the ``Point Arena-Stornetta Unit''. (3) The Point Arena-Stornetta Unit is the first onshore expansion of the Monument. (4) Numerous governmental entities, community organizations, businesses, and individuals have made significant contributions to maintain the unique character, management, and preservation of the individual parcels of Federal land along the California coast. (b) Purposes.--The purposes of this Act are-- (1) to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the nationally significant historical, natural, cultural, scientific, educational, and scenic values of the Federal land along and adjacent to the shoreline of the State of California, and for the purposes for which the Monument was designated; and (2) to support the land management partnerships of the Bureau of Land Management with the State of California, local governments, communities, and stakeholders, and to enhance the relationships those entities have with the Bureau of Land Management and Federal land, as appropriate. SEC. 3. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means-- (A) the Federal land comprising approximately 13 acres in Humboldt County, California, identified as ``Trinidad Head'' on the map; (B) the Federal land comprising approximately 5,780 acres in Santa Cruz County, California, identified as ``Cotoni-Coast Dairies Public Land'' on the map; (C) the Federal land comprising approximately 20 acres in San Luis Obispo County, California, identified as ``Piedras Blancas Light Station Outstanding Natural Area'' on the map; and (D) the Federal land comprising approximately 8 acres in Humboldt County, California, identified as ``Lighthouse Ranch'' on the map. (2) Map.--The term ``map'' means the Bureau of Land Management map entitled ``California Coastal National Monument Addition'' and dated July 24, 2015. (3) Monument.--The term ``Monument'' means the California Coastal National Monument established by Presidential Proclamation 7264. (4) Presidential proclamation 7264.--The term ``Presidential Proclamation 7264'' means Presidential Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg. 2821), creating the Monument. (5) Presidential proclamation 9089.--The term ``Presidential Proclamation 9089'' means Presidential Proclamation Number 9089, dated March 11, 2014 (79 Fed. Reg. 14603), expanding the Monument. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. EXPANSION OF CALIFORNIA COASTAL NATIONAL MONUMENT. (a) In General.--The boundary of the Monument is expanded to include the Federal land. (b) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall develop a map and boundary description of the Federal land added to the Monument by this Act. (2) Force and effect.--The map and boundary description developed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the map and boundary descriptions. (3) Availability of map and boundary description.--The map and boundary description developed under paragraph (1) shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. SEC. 5. ADMINISTRATION. (a) In General.--Subject to valid existing rights and deed restrictions in place as of the date of enactment of this Act, the Secretary shall manage the Federal land added to the Monument by this Act-- (1) as part of the Monument; and (2) in accordance with Presidential Proclamations 7264 and 9089. (b) Management Plan.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall finalize an amendment, or multiple amendments as applicable for the individual Federal land areas, to the Monument management plan for the long-term protection and management of the Federal land added to the Monument by this Act. (2) Requirements.--Any amendment under paragraph (1) shall-- (A) be developed in consultation with, at a minimum-- (i) affected State, tribal, and local governments; (ii) the public; and (iii) interested Federal agencies; (B) describe the appropriate uses and management of the Federal land, consistent with this Act; (C) contain individual plans and considerations specific to each individual Federal land area; (D) take into consideration existing uses of the Federal land; (E) include components regarding stewardship, visitor services, facilities management and maintenance, public access, traffic, public safety, emergency services, and law enforcement; (F) include a component regarding potential education and interpretation activities, with recognition of the specific character and history of each Federal land area; and (G) include a component regarding Native American cultural resources management, with emphasis on the preservation of resources within the individual Federal land areas. (3) Interim management.--Until the completion of the management plan, the Secretary shall manage the Federal land in accordance with the purposes described in section 2(b). (c) Motorized and Mechanized Transport.--Except as needed for emergency or authorized administrative purposes, in the Monument-- (1) motorized vehicle use shall be permitted only on designated roads; and (2) mechanized vehicle use shall be permitted only on roads and trails designated for the use of those vehicles. (d) Incorporation of Land and Interests.-- (1) Authority.--Except as provided in paragraph (3), the Secretary may acquire non-Federal land or interests in land within or adjacent to the Federal land added to the Monument by this Act only through exchange, donation, or purchase from a willing seller. (2) Management.--Any land or interests in land within or adjacent to the Federal land added to the Monument by this Act acquired by the United States after the date of the enactment of this Act shall be-- (A) added to and administered as part of the Monument; and (B) with respect to inclusion in the management plan, taken into consideration through an appropriate amendment to that plan. (3) Exception.--An addition to the Cotoni-Coast Dairies unit of Federal land referred to in section 3(1)(C) shall be limited to the acreage contained within the boundary of the Monument, as established by this Act. (e) Existing Cooperative Management Agreements.--Any cooperative management agreement in existence on the date of enactment of this Act between the Federal land areas and other land management entities shall not be affected due to the enactment of this Act. (f) Cooperative Agreements With Local Governments and Entities.--To better implement the management plan and to continue the successful partnerships with local communities and land administered by the State of California and other partners, the Secretary may enter into cooperative agreements with the appropriate Federal, State, and local agencies and organizations pursuant to section 307(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(b)). (g) Withdrawals.--Subject to valid existing rights, all Federal land within the Monument and all land and interests in land acquired for the Monument by the United States after the date of the enactment of this Act are withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (h) Native American Uses and Interests.-- (1) In general.--The Secretary shall, to the maximum extent permitted by law and in consultation with affected Indian tribes, ensure the protection of Indian sacred sites and traditional cultural properties in the Monument and provide access by members of Indian tribes for traditional cultural and customary uses, consistent with Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act''; 42 U.S.C. 1996) and Executive Order 13007 (42 U.S.C. 1996 note; relating to Indian sacred sites). (2) Relationship to other rights.--Notwithstanding paragraph (1), nothing in this Act enlarges, diminishes, or modifies the rights of any Indian tribe or Indian religious community. (i) Buffer Zones.-- (1) In general.--The expansion of the Monument by this Act is not intended to lead to the establishment of protective perimeters or buffer zones around the Federal land included in the Monument by this Act. (2) Activities outside monument.--The fact that activities outside the Monument can be seen or heard within the Federal land added to the Monument by this Act shall not, of itself, preclude those activities or uses up to the boundary of the Monument. (j) Grazing.--Nothing in this Act affects the grazing of livestock within the Federal land described in section 3(1)(C). (k) National Landscape Conservation System.--The Secretary shall manage the Monument as part of the National Landscape Conservation System. SEC. 6. ADVISORY COUNCILS. (a) Establishment.--Not less than 180 days after the date of the enactment of this Act, the Secretary shall establish an advisory council for each unit of Federal land described in subparagraphs (A) through (D) of section 3(1) within the Monument. (b) Duties.--The advisory councils shall advise the Secretary with respect to the preparation and implementation of the management plan under section 5(b) (or amendments to an existing applicable management plan) for each relevant unit of Federal land. (c) Applicable Law.--The advisory councils shall be subject to-- (1) the Federal Advisory Committee Act (5 U.S.C. App.); (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) all other applicable laws (including regulations). (d) Members.--Each advisory council shall include 7 members, to be appointed by the Secretary, of whom, to the maximum extent practicable-- (1) 1 shall be appointed after taking into consideration the recommendations of the local county board of supervisors of the applicable unit of Federal land; and (2) 6 shall-- (A) reside within a reasonable proximity to the applicable unit of Federal land; and (B) demonstrate experience that reflects-- (i) the purposes for which the Monument was established; and (ii) the interest of the stakeholders that are affected by the planning and management of the unit of Federal land, which may include stakeholders representing private land- ownership, Native American interests, environmental, recreational, economic, or other non-Federal land interests. (e) Representation.--The Secretary shall ensure that the memberships of the advisory councils are fairly balanced with respect to the points of view represented, and the functions to be performed, by each advisory council. (f) Quorum.-- (1) In general.--Four members of an advisory council shall constitute a quorum. (2) Unappointed members.--The operation of an advisory committee shall not be affected if-- (A) a member has not yet been appointed to the advisory committee; but (B) a quorum has been attained. (g) Chairperson and Procedures.--Each advisory council shall-- (1) elect a chairperson from among the members of the advisory council; and (2) establish such rules and procedures as the advisory council determines to be necessary or appropriate. (h) Service Without Compensation.--The members of each advisory council shall serve without pay. (i) Termination.--The advisory councils shall terminate-- (1) on the date that is 2 years after the date on which the management plan (or amendment to an existing management plan) is officially adopted by the Secretary; or (2) on such later date as the Secretary considers to be appropriate. (j) Existing Advisory Bodies.--The Secretary may elect not to establish an advisory council for a unit of Federal land if a regularly scheduled, organized public forum or entity exists-- (1) of which the Bureau of Land Management is an active or leading participant; and (2) that fulfills the duties described in subsection (b). SEC. 7. ROCKS AND SMALL ISLANDS ALONG COAST OF ORANGE COUNTY, CALIFORNIA. (a) California Coastal National Monument.--The Act of February 18, 1931 (46 Stat. 1172, chapter 226), is amended by striking ``be, and the same are hereby, temporarily reserved'' and all that follows through ``United States'' and inserting ``are part of the California Coastal National Monument and shall be administered as part of the Monument''. (b) Repeal of Reservation.--Section 31 of the Act of May 28, 1935 (49 Stat. 309, chapter 155), is repealed.

California Coastal National Monument Expansion Act This bill expands the boundary of the California Coastal National Monument to include specified federal lands in Humboldt, Santa Cruz, and San Luis Obispo Counties in California. The Department of the Interior shall amend the Monument management plan for the long-term protection and management of the federal land so added. Interior may acquire nonfederal land or interests within or adjacent to the added federal land only through exchange, donation, or purchase from a willing seller. Interior must ensure the protection of Indian sacred sites and traditional cultural properties in the Monument and provide access by members of Indian Tribes for traditional cultural and customary uses. The Monument shall be managed as part of the National Landscape Conservation System. Interior shall establish an advisory council for each unit of the added federal land to advise on the implementation of the management plan. Certain rocks, pinnacles, reefs, and islands in the Pacific Ocean within a mile of the coast of Orange County, California, are made part of the California Coastal National Monument, and their current temporary reservation is repealed. Likewise repealed is the lighthouse reservation with respect to the San Juan and San Mateo Rocks and the two rocks in the vicinity of Laguna Beach, off the coast of Orange County.

California Coastal National Monument Expansion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Stamp Anti-Fraud Act of 1993''. TITLE I--RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS SEC. 101. USE OF APPLICATION INFORMATION. Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C. 2018(c)) is amended-- (1) by designating the first sentence as paragraph (1); (2) by designating the second and third sentences as subparagraphs (A) and (C), respectively, of paragraph (2); and (3) in paragraph (2)-- (A) in subparagraph (A) (as so designated), by inserting before the period at the end the following: ``or officers or employees of Federal or State law enforcement or investigative agencies for purposes of administering or enforcing the provisions of this Act or any other Federal or State law and the regulations issued under this Act or such law''; (B) by inserting after subparagraph (A) (as so designated) the following new subparagraph: ``(B) An officer or employee described in subparagraph (A) who publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information obtained under the authority granted by this subsection shall be subject to section 1905 of title 18, United States Code.''; and (C) in subparagraph (C) (as so designated), by striking ``Such purposes'' and inserting ``The purposes referred to in subparagraph (A)''. SEC. 102. PENALTIES FOR TRAFFICKING IN FOOD STAMPS. Section 12(b)(3)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2021(b)(3)(B)) is amended by striking ``(except that the amount of civil money penalties imposed during a 2-year period may not exceed $40,000)''. SEC. 103. PENALTIES FOR STORES FOR TRADING FIREARMS, AMMUNITION, EXPLOSIVES, OR CONTROLLED SUBSTANCES FOR FOOD STAMPS. Section 12(b)(3)(C) of the Food Stamp Act of 1977 (7 U.S.C. 2021(b)(3)(C)) is amended by striking ``(except that the amount of civil money penalties imposed during a 2-year period may not exceed $40,000)''. SEC. 104. USE OF TAXPAYER IDENTIFICATION NUMBERS. (a) Social Security Account Numbers.--Clause (iii) of section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)(iii)) (as added by section 1735(a)(3) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat. 3791)) is amended-- (1) in the second sentence-- (A) by inserting after ``Department of Agriculture'' the following: ``, or officer or employee of a Federal or State law enforcement or investigative agency,''; and (B) by inserting before the period at the end the following: ``or for the administration or enforcement of such Act or any other Federal or State law''; and (2) in the third sentence, by inserting before the period at the end the following: ``or officers and employees of Federal or State law enforcement or investigative agencies whose duties or responsibilities require access for the administration or enforcement of such Act or any other Federal or State law''. (b) Employer Identification Numbers.--Section 6109(f) of the Internal Revenue Code of 1986 (relating to access to employer identification numbers by the Secretary of Agriculture for purposes of the Food Stamp Act of 1977) is amended-- (1) in the second sentence of paragraph (1)-- (A) by inserting after ``Secretary of Agriculture'' the following: ``, or an officer or employee of a Federal or State law enforcement or investigative agency,''; and (B) by inserting before the period at the end the following: ``or for the administration or enforcement of such Act or any other Federal or State law''; and (2) in the first sentence of paragraph (2), by inserting before the period at the end the following: ``or officers and employees of Federal or State law enforcement or investigative agencies whose duties or responsibilities require access for the administration or enforcement of such Act or any other Federal or State law''. TITLE II--MISCELLANEOUS SEC. 201. PERMANENT DISQUALIFICATION OF RECIPIENTS FOR TRADING FIREARMS, AMMUNITION, EXPLOSIVES, OR CONTROLLED SUBSTANCES FOR FOOD STAMPS. Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2015(b)(1)) is amended by striking clause (iii) and inserting the following new clause: ``(iii) permanently upon-- ``(I) the third occasion of any such determination (except as provided in subclause (II)); or ``(II) the first occasion of a finding of the trading of firearms, ammunition, explosives, or controlled substances (as the term is defined in section 802 of title 21, United States Code) for coupons.''. SEC. 202. USE OF PENALTIES COLLECTED FROM RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS. Section 18 of the Food Stamp Act of 1977 (7 U.S.C. 2027) is amended by adding at the end the following new subsection: ``(g) Funds collected from claims against retail food stores or wholesale food concerns under section 12 shall-- ``(1) be credited to the food stamp program appropriation account for the fiscal year in which the collection occurs, and remain available until expended; and ``(2) be used for investigation and enforcement activities under this Act relating to retail food stores and wholesale food concerns.''. TITLE III--EFFECTIVE DATES (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall become effective and implemented not later than 120 days after the date of issuance of final regulations by the Secretary of Agriculture to carry out the amendments. (b) Exceptions.--The amendments made by sections 102, 103, and 202 shall become effective on the date of enactment of this Act.

TABLE OF CONTENTS: Title I: Retail Food Stores and Wholesale Food Concerns Title II: Miscellaneous Title III: Effective Dates Food Stamp Anti-Fraud Act of 1993 - Title I: Retail Food Stores and Wholesale Food Concerns - Amends the Food Stamp Act of 1977 with regard to retail food stores participating in the food stamp program (program) to: (1) permit the use of application information by Federal or State enforcement authorities; and (2) repeal the limits on civil money penalties for food stamp trafficking and firearms or controlled substance trading. Amends the Social Security Act to permit the use of social security account numbers by Federal or State enforcement authorities. Amends the Internal Revenue Code to permit the use of employer identification numbers by Federal or State enforcement authorities. Title II: Miscellaneous - Amends the Food Stamp Act of 1977 to permanently disqualify a recipient food store from program participation for trading of firearms, ammunition, explosives, or controlled substances for food stamps. States that penalties collected from retail or wholesale food concerns shall be used for related investigation and enforcement activities. Title III: Effective Dates - Sets forth effective dates for provisions of this Act.

Food Stamp Anti-Fraud Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on State Workers' Compensation Laws Act of 2008''. SEC. 2. FINDINGS. The Congress finds the following: (1) The full protection of American workers from job- related injury or death requires an adequate, prompt, and equitable system of workers' compensation as well as an effective program of occupational health and safety regulation. (2) The vast majority of American workers and their families are dependent on workers' compensation for their basic economic security in the event such workers suffer injury or death in the course of employment. (3) In 1972, the National Commission on State Workmen's Compensation Laws found that the system of State workers' compensation laws was ``inequitable and inadequate''. Since that time, changes in reductions in State workers' compensation laws have increased the inadequacy and inequitable levels of workers' compensation benefits. Serious questions exist concerning the fairness and adequacy of present workers' compensation laws in light of the growth of the economy, changing nature of the labor force, misclassification of workers as independent contractors, and as leased employees, as well as erosion of remedies for the bad faith handling and delay in payment of benefits and medical care to workers and their families, increases in medical knowledge, changes in the hazards associated with various employment, new risks to health and safety created by new technology, and increases in the general level of wages and in the cost of living. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``National Commission on State Workers' Compensation Laws'' (hereinafter in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF COMMISSION. (a) In General.--The duties of the Commission shall be-- (1) to review the findings of the previous National Commission on State Workmen's Compensation Laws and its recommendations; (2) to study and evaluate State workers' compensation laws in order to determine if such laws provide an adequate, prompt, and equitable system of compensation for injury or death arising out of or in the course of employment; and (3) to study and evaluate whether additional remedies should be available to ensure prompt and good faith payment of benefits and medical care to injured workers and their families. (b) Matters To Be Evaluated and Studied.--The study and evaluation under subsection (a)(2) shall include-- (1) the amount of permanent and temporary disability benefits and the criteria for determining the maximum limitations of such benefits or the elimination of such maximum limitations; (2) a study and evaluation of State workers' compensation laws in order to determine if, and ensure that, such laws provide an adequate, prompt, and equitable system of compensation and medical care for injuries or death arising out of in the course of employment; (3) a study of whether other adequate remedies are available to ensure the prompt payment of benefits and to reduce or eliminate bad faith delays in payments of benefits, providing medical care, and discouraging misclassification of workers as independent contractors and or leased employees to avoid paying workers' compensation benefits; (4) the amount and duration of medical benefits and provisions ensuring adequate medical care and free choice of physician; (5) rehabilitation; (6) standards for determining assurance of benefits caused by aggravation or acceleration of preexisting injuries or disease; (7) time limits on filing claims; (8) waiting periods; (9) compulsory or elective coverage; (10) administration; (11) ensuring prompt hearings and due process evidentiary rights in the resolution of claims; (12) the relationship between workers' compensation on the one hand, and old-age, disability, and survivors insurance and other types of insurance (public or private) on the other hand; and (13) methods of implementing the recommendations of the Commission. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 14 members, as follows: (1) 1 member, appointed by the President, who shall serve as chairman of the Commission. (2) 1 member, appointed by the majority leader of the Senate in consultation with the majority leader of the House of Representatives, who shall serve as vice chairman of the Commission. (3) 2 members appointed by the majority leader of the House of Representatives. (4) 2 members appointed by the minority leader of the House of Representatives. (5) 2 members appointed by the majority leader of the Senate. (6) 2 members appointed by the minority leader of the Senate. (7) The Secretary of Labor, the Secretary of Commerce, the Secretary of Health and Human Services, and the Secretary of Education shall be ex officio members of the Commission. (b) Affiliations.-- (1) Not more than 6 appointed members of the Commission shall be from the same political party. (2) There shall be at all times at least 3 members that represent injured workers, 3 members that represent insurance carriers or employers, and 1 member of the general public. (c) Qualifications.--It is the sense of Congress that individuals appointed to the Commission should be United States citizens-- (1) with significant depth of experience-- (A) as members of State workers' compensation boards; (B) as representatives of insurance carriers, employers, and injured workers; and (C) in the general fields of business and labor; (2) who are members of the medical profession with experience in industrial medicine or in workers' compensation cases; and (3) who are educators having special expertise in the field of workers' compensation. (d) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. 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. (e) Quorum.--Eight members of the Commission shall constitute a quorum. (f) Meetings.-- (1) The Commission shall hold its initial meeting as soon as practicable. (2) After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. (g) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (h) Compensation.-- (1) Basic pay.--Each member of the Commission may be compensated at a level not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. SEC. 6. STAFF OF COMMISSION. (a) Director.--The Chairman of the Commission, in consultation with the vice chairman and in accordance with the rules agreed upon by the Commission, may appoint a Director. The Director shall be paid at a rate not to exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Staff.--The Chairman, in consultation with the vice chairman and in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of additional personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and general schedules pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Experts and Consultants.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (d) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (e) Personnel as Federal Employees.--The executive director and any personnel of the Commission who are employees of the Commission shall be treated as employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. The preceding sentence shall not apply to members of the Commission. SEC. 7. POWERS OF THE COMMISSION. (a) Hearings and Evidence.--The Commission, or on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (1) hold hearings, take testimony, receive evidence, administer oaths; and (2) subject to subsection (b)(1), require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers and documents. (b) Subpoena Power.-- (1) Issuance.-- (A) In general.--A subpoena may be issued under this subsection only-- (i) by the agreement of the chairman and the vice chairman of the Commission; or (ii) by the affirmative vote of 6 members of the Commission. (B) Signature.--Subject to clause (i) of paragraph (1)(A), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission. (2) Failure to obey a subpoena.-- (A) In general.--In the case of contumacy or failure to obey a subpoena issued under paragraph (1), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or wherever the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished as contempt of that court. (B) Additional enforcement.--In the case of a failure of any witness to comply with a subpoena or to testify when summoned under authority of this subsection, the Committee may, by a majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for action, under the same authority and procedures as if the United States attorney had received a certification under section 192 through 194 of title 2 of the Revised Statutes of the United States Code. (3) Contracting.--The Commission may, to such extent and in such amounts as are made available in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (4) Information from federal agencies.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statics for the purposes of this Act. Each such department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request of the chairman of the Commission, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. SEC. 8. REPORTS. (a) Interim Reports.--The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for enhancements and improvements in benefit levels, medical care, and administration of State workers' compensation systems, for improvements in insurance practices, and for improvements in dues process and evidentiary hearings and reduction of bad faith and handling of delays, as have been agreed to by a majority of Commission members. (b) Final Reports.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for enhancements and improvements in benefit levels, medical care, and administration of State workers' compensation systems, for improvements in insurance practices, and for improvements in due process and evidentiary hearings and reduction of bad faith handling and delays, as have been agreed to by a majority of Commission members. SEC. 9. TERMINATION. The Commission, and all the authorities of this Act, shall terminate 19 days after the date on which the final report is submitted under section 8(b). SEC. 10. AUTHORIZATION OF APPROPRIATION. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

National Commission on State Workers' Compensation Laws Act of 2008 - Establishes the National Commission on State Workers' Compensation Laws. Requires the Commission to: (1) review the findings and recommendations of the previous National Commission on State Workmen's Compensation Laws; and (2) study and evaluate state workers' compensation laws to determine their adequacy and whether additional remedies should be available to ensure the payment of benefits and medical care.

To establish the National Commission on State Workers' Compensation Laws.

SECTION 1. PROTECTIONS FOR CREDIT REPORTS OF MINORS. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B the following new section: ``SEC. 605C. ADDITIONAL PROTECTIONS FOR CREDIT REPORTS OF MINOR CONSUMERS. ``(a) In General.--A consumer reporting agency described in section 603(p) shall, upon request by a covered guardian of a minor consumer, create a blocked file for the minor consumer or convert a file of the minor consumer already in existence to a blocked file. ``(b) Requirements.--The Bureau, by rule, shall establish procedures-- ``(1) for a consumer reporting agency described in section 603(p) to properly identify the covered guardian and the minor consumer prior to creating, converting, or unblocking a blocked file for such minor consumer; ``(2) for such a consumer reporting agency to create a blocked file for a minor consumer or to convert a file of a minor consumer already in existence to a blocked file; and ``(3) consistent with subsection (c), for a covered guardian to unblock a file. ``(c) Unblocking a File.-- ``(1) In general.--A consumer reporting agency described in section 603(p) shall unblock a blocked file upon request by a covered guardian or on the date of the 18th birthday of the minor consumer. ``(2) Alert statement.--An alert statement shall be included in a file unblocked pursuant to paragraph (1) if the minor consumer was a victim of fraud or identity theft before the date of the 18th birthday of the minor consumer as follows: ``(A) For a file unblocked upon request by a covered guardian, for a period of time beginning on the date such file is unblocked and ending on the date that is 1 year after the date of the 18th birthday of the minor consumer. ``(B) For a file unblocked on the date of the 18th birthday of the minor consumer, for a period of 1 year after such date. ``(3) Duty of reseller.--With respect to information concerning a consumer whose file contains an alert statement, a reseller shall include such alert statement when furnishing such information. ``(d) Fees.-- ``(1) In general.--The Bureau shall determine if a fee may be charged, and the amount of the fee charged, by a consumer reporting agency described in section 603(p) to create, convert, or unblock a file. ``(2) Fees prohibited.--A consumer reporting agency described in section 603(p) may not charge a fee to a minor consumer who was a victim of fraud or identity theft prior to the date of the minor's 18th birthday, to create, convert, or unblock a file. ``(e) Exceptions.--No provision of this section shall be construed as requiring a consumer reporting agency described in section 603(p) to prevent a Federal, State, or local law enforcement agency from accessing a blocked file. ``(f) Definitions.--In this section the following definitions shall apply: ``(1) Alert statement.--The term `alert statement' means a statement that-- ``(A) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft; and ``(B) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph (A) by any person requesting such consumer report. ``(2) Blocked file.--The term `blocked file' means a file of a minor consumer in which, pursuant to this section, a consumer reporting agency-- ``(A) maintains a file with the name, social security number, date of birth, and, if applicable, any credit information of the minor consumer; ``(B) may not provide any person with a consumer report of the minor consumer; and ``(C) blocks the input of any information into the file, except with permission from a covered guardian of the minor consumer. ``(3) Covered guardian.--The term `covered guardian' means-- ``(A) the legal guardian of a minor child; ``(B) the custodian of a minor child; or ``(C) in the case of a child in foster care, the State agency or Indian tribe or tribal organization responsible for the child's foster care. ``(4) Minor consumer.--The term `minor consumer' means an consumer who has not attained 18 years of age.''. (b) Table of Contents Amendment.--The table of contents of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after the item related to section 605B the following new item: ``605C. Additional protections for credit reports of minor consumers.''.

Amends the Fair Credit Reporting Act, with respect to protections for credit reports of minor consumers, to require a consumer reporting agency, upon request by the legal guardian or custodian of a minor consumer (including the state or tribal agency responsible for a child in foster care), to either create a blocked file for the minor or convert an already existing file to blocked status. Directs the Consumer Financial Protection Bureau (CFPB) to: (1) establish implementing procedures, and (2) determine what fee, if any, may be charged by a consumer reporting agency to create, convert, or unblock a file. Requires a consumer reporting agency to: (1) unblock a blocked file upon request by a guardian or on the minor's 18th birthday, and (2) include an alert statement in an unblocked file if the minor consumer was a victim of fraud or identity theft before that 18th birthday. Requires a reseller who furnishes information concerning a consumer file containing an alert statement to include it when furnishing information. Prohibits a consumer reporting agency from charging a fee to create, convert, or unblock the file of a consumer who was a victim of fraud or identity theft before his or her 18th birthday.

To amend the Fair Credit Reporting Act to create protected credit reports for minors and protect the credit of minors, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Network for Avian Influenza Surveillance Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the ongoing panzootic of highly pathogenic avian influenza strain H5N1 in Asia and Eurasia is a threat to global human health and the global poultry industry; (2) the HPAI virus is capable of causing massive avian die- offs, and response can easily involve the culling of tens of millions of domestic poultry or domestic waterfowl, resulting in significant economic losses; (3) the fatality rate due to infection in humans may be 30 to 50 percent or more; (4) recent outbreaks in 2005 of H5N1 in waterfowl in western China, Kazakhstan, Russia, Romania, and Turkey suggest that the virus may have entered the Central Asian Flyway and may consequently spread throughout central and southern Asia, Europe, and Africa, as well as spanning the Arctic to reach North America; (5) it has long been known that wild birds are a reservoir host for avian influenza viruses worldwide; (6) the 1918 pandemic, the most lethal of the 3 pandemics that killed over 40,000,000 people worldwide, was caused by an influenza virus that initially jumped directly from birds to humans and subsequently evolved an ability to transmit from human-to-human; (7) this precedent for an avian influenza virus to transmit directly from birds to humans, then spread among humans, significantly raises the concern about the current H5N1 influenza strain; (8) increased surveillance, including on migratory birds, is critical to controlling avian influenza; (9) the capacity to proactively detect the threats could result in significantly improved disease prediction and prevention capabilities; (10) international wildlife health surveillance does not clearly fall under the jurisdiction of any Federal or international agency; (11) there is a continued inability to share real-time data across the human, agricultural, wildlife, and veterinary agencies on zoonotic threats; (12) while surveillance at domestic poultry and domestic waterfowl production facilities and farms is an immediate and on-going monitoring need and is being supported through relevant agencies, surveillance in wild bird populations that may have been exposed to the virus has now become a critical component to determine the spread of the virus, implement control measures, and protect human, livestock, and wildlife health; (13) monitoring and surveillance of wild migratory and resident water birds are critically important to identifying all strains of influenza viruses in wild birds as a library of possible genotypes, determining their role in spread of the virus, and anticipating where outbreaks may occur to enhance preparedness; and (14) improving surveillance of wildlife health around the world would close significant jurisdictional and scientific gaps in current global influenza preparedness. SEC. 3. PURPOSE. The purpose of this Act is to establish a Global Network for Avian Influenza Surveillance-- (1) to more rapidly and efficiently detect, verify, and report on the presence of infectious diseases, such as highly pathogenic avian influenza, in migratory birds and resident waterfowl around the world; (2) to use information on viral strains found during surveillance of wild birds to better delineate any mutations in the virus that may be detectable within wild bird populations; (3) to use information on when and where HPAI and other pathogens of concern are identified in migratory birds-- (A) to better guide preparedness in the United States and around the world; and (B) to carry out a comprehensive migratory bird disease surveillance initiative that will provide regions, countries, and specific locations with early warning information that will help target resources toward enhancement of poultry biosecurity and surveillance, heightened public health vigilance, and related areas; (4) to create an open access database within which information on HPAI and other pathogens of interest identified in migratory birds can be shared as close to real time as possible; (5) to protect the health and safety of United States citizens and officials traveling or living abroad; and (6) to protect the economic interests of the United States and its partners from threats to health, agriculture, and natural resources. SEC. 4. DEFINITIONS. In this Act: (1) Eligible organization.--The term ``eligible organization'' means a nongovernmental wildlife conservation organization chartered in the United States with-- (A) extensive global wildlife health experience in tracking disease in wild birds, including free-ranging, captive, and wild bird species; (B) proven ability in identifying avian influenza in wild birds; and (C) accredited zoological facilities in the United States. (2) GNAIS.--The term ``GNAIS'' means the Global Network for Avian Influenza Surveillance established under section 5(a). (3) GNAIS partners.--The term ``GNAIS partners'' means the partners of the GNAIS described in section 5(c). (4) HPAI.--The term ``HPAI'' means highly pathogenic avian influenza. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting-- (A) through the Influenza Branch of the Centers for Disease Control and Prevention; and (B) in partnership with an eligible organization. SEC. 5. GLOBAL NETWORK FOR AVIAN INFLUENZA SURVEILLANCE. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary shall offer to enter into a contract with 1 or more eligible organizations to establish a Global Network for Avian Influenza Surveillance. (b) Partners.--In administering the GNAIS, the Secretary and the eligible organization shall collaborate with appropriate-- (1) Federal and State agency partners, including-- (A) the Department of Agriculture, acting through-- (i) the Agricultural Research Service; and (ii) the Animal and Plant Health Inspection Service; (B) the Department of the Interior, acting through-- (i) the United States Geological Survey; and (ii) the United States Fish and Wildlife Service; and (C) various State wildlife agencies in the United States; (2) multilateral agency partners, including-- (A) the Food and Agriculture Organization; (B) the World Health Organization; (C) the Office International des Epizooties, the world animal health organization; and (D) the World Conservation Union; (3) conservation organizations with expertise in international and domestic bird monitoring and surveillance; (4) accredited colleges of veterinary medicine; and (5) other national and international partners, as necessary. (c) International Surveillance.--The eligible organization, in coordination with the Influenza Branch of the Centers for Disease Control and Prevention, shall manage an international surveillance program under which Federal GNAIS partners shall, and non-Federal GNAIS partners are encouraged to-- (1) monitor and test for the presence or arrival of avian influenza and other significant avian pathogens at important bird areas around the world and in marketplaces with intense trade in wild birds; (2) use trained professionals to collect samples and other data and send samples to appropriate diagnostic centers; (3) use the GNAIS, in partnership with relevant agencies and organizations, for conducting-- (A) disease surveillance activities on migratory birds worldwide; (B) domestic and international field investigations on migratory birds; (C) training and capacity-building activities related to the relationships between human health, domestic animal health, and wildlife health; and (D) research on methods and approaches for detection and enhanced surveillance of HPAI and other pathogens in migratory birds; and (4) send samples for avian influenza testing to certified laboratories that-- (A) meet internationally established methods standards; (B) are located at-- (i) the Influenza Branch of the Centers for Disease Control and Prevention; (ii) the Office International des Epizooties, the world animal health organization; (iii) the Food and Agriculture Organization; (iv) National Veterinary Services Laboratories of the Department of Agriculture; or (v) the Agricultural Research Service; and (C) report the findings back to the eligible organization and GNAIS partners. (d) Network.-- (1) Partners.--Federal GNAIS partners shall, and non- Federal GNAIS partners are encouraged to, transmit information related to global distribution and characteristics of avian influenza to the Secretary acting through the eligible organization. (2) Administration.--The Secretary, acting through the eligible organization, shall-- (A) use surveillance reports and other formal and informal sources of information to identify and investigate local disease outbreaks of avian influenza, in coordination with GNAIS partners; (B) develop a long-term baseline of regional data related to HPAI and pathogens in migratory birds for analysis between and across sites to create a system to identify when and where outbreaks might occur and paths of dispersal; (C) provide technical assistance for disease prevention and control programs based on scientific understanding of the relationships between wildlife health, domestic animal health, and human health; (D) provide analytical disease findings regularly to the Influenza Branch of the Centers for Disease Control and Prevention and other Federal GNAIS partners to prevent or combat human diseases; (E) conduct other activities as are necessary to support the GNAIS network and GNAIS partners; and (F) coordinate GNAIS surveillance results at the headquarters of the eligible organization. (e) Database.-- (1) In general.--The Secretary, acting through the eligible organization, shall manage, map, and make available on a database on the Internet all results and information gathered under this Act. (2) Requirements.--The database shall-- (A) provide geographic data on wild bird populations and the movements of the populations and laboratory test results; and (B) be available for viewing by any Federal agency, foreign country, multilateral institution, organization, or individual. (f) Training.--The Secretary shall request accredited colleges of veterinary medicine and other GNAIS partners to train members of the GNAIS network to-- (1) monitor important bird areas around the world; and (2) test for the presence or arrival of avian influenza and other significant avian pathogens of zoonotic concern. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $10,000,000 for each of fiscal years 2006 through 2010.

Global Network for Avian Influenza Surveillance Act - Requires the Secretary of Health and Human Services, acting through the Influenza Branch of the Centers for Disease Control and Prevention (CDC), to offer to enter into a contract with one or more eligible organizations to establish a Global Network for Avian Influenza Surveillance (GNAIS). Requires the eligible organization to manage an international surveillance program under which federal GNAIS partners: (1) monitor and test for the presence or arrival of avian influenza and other significant avian pathogens; (2) use trained professionals to collect samples and other data; (3) use the GNAIS for conducting disease surveillance, field investigations, training and capacity-building activities, and research; and (4) transmit information related to global distribution and characteristics of avian influenza to the Secretary. Requires the Secretary, acting through the eligible organization, to: (1) use surveillance reports and other sources to identify and investigate local disease outbreaks of avian influenza; (2) develop a long-term baseline of regional data to identify when and where outbreaks might occur and paths of dispersal; (3) provide technical assistance for disease prevention and control programs; (4) provide analytical disease findings to the Influenza Branch of CDC and other federal GNAIS partners; and ( 5) manage, map, and make available on an Internet database all results and information gathered under this Act. Directs the Secretary to request accredited colleges of veterinary medicine and other GNAIS partners to train members of the GNAIS network to: (1) monitor important bird areas around the world; and (2) test for the presence or arrival of avian influenza and other significant avian pathogens of zoonotic concern.

A bill to establish a global network for avian influenza surveillance among wild birds nationally and internationally to combat the growing threat of bird flu, and for other purposes.

SECTION 1. MODIFICATION OF TREATMENT OF ADOPTED CHILDREN. (a) In General.--Section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) is amended-- (1) in subparagraph (E)(i), by striking ``a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years:'' and inserting ``a child adopted while under the age of 18 years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years and the adoption was officially initiated while the child was under the age of 16 years:''; and (2) in subparagraph (F)-- (A) in clause (i)-- (i) by striking ``child, under the age of sixteen at the time a petition is filed in his behalf to accord a classification as an immediate relative under section 201(b), who'' and inserting ``child who''; (ii) by inserting ``while under the age of 18 years'' after ``who has been adopted abroad''; and (iii) by striking ``the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States:'' and inserting ``the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States and that the adoption abroad, or the compliance with domestic preadoption requirements, was officially initiated while the child was under the age of 16 years:''; and (B) in clause (ii), by striking ``except that the child is under the age of 18 at the time a petition is filed in his or her behalf to accord a classification as an immediate relative under section 201(b).'' and inserting ``except that the Secretary of Homeland Security shall be satisfied that the adoption abroad, or the compliance with domestic preadoption requirements, was officially initiated while the child was under the age of 18 years.''. (b) Provisions Effective Upon Entry Into Force of Convention.-- (1) In general.--Section 101(b)(1)(G) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(G)) is amended-- (A) in the matter preceding clause (i)-- (i) by striking ``child, under the age of sixteen at the time a petition is filed on the child's behalf to accord a classification as an immediate relative under section 201(b), who'' and inserting ``child who''; and (ii) by inserting ``while under the age of 18 years'' after ``who has been adopted''; and (B) in clause (i)-- (i) in subclause (IV), by striking ``and'' at the end; and (ii) by adding at the end the following: ``(VI) in the case of a child who-- ``(aa) has been adopted, the adoption was officially initiated while the child was under the age of 16 years; or ``(bb) has not been adopted, the approval described in subparagraph (V)(aa) was officially sought while the child was under the age of 16 years; and''. (2) Effective date.--The amendments made by paragraph (1) shall take effect as if included in the enactment of section 302(a) of the Intercountry Adoption Act of 2000 (Public Law 106-279). (c) Naturalization Purposes.--Section 101(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(c)(1)) is amended to read as follows: ``(1) The term `child' means an unmarried person under 21 years of age and includes-- ``(A) a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in the United States or elsewhere, if such legitimation takes place before the child reaches the age of 16 years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation; and ``(B) except as otherwise provided in sections 320 and 321, a child adopted in the United States, if such adoption is officially initiated before the child reaches the age of 16 years and the child is in the legal custody of the adopting parent or parents at the time of such adoption.''.

Amends the Immigration and Nationality Act to allow foreign children adopted while under age 18 for whom adoption proceedings were initiated while they were under the age of 16 (currently, children adopted while under age 16) to be treated as children for immigration and naturalization purposes.

To amend the Immigration and Nationality Act to modify the treatment of adopted children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Training and Research in Urology Act of 2003''. SEC. 2. RESEARCH, TRAINING, AND HEALTH INFORMATION DISSEMINATION WITH RESPECT TO UROLOGIC DISEASES. (a) Division Director of Urology.--Section 428 of the Public Health Service Act (42 U.S.C. 285c-2) is amended-- (1) in subsection (a)(1), by striking ``and a Division Director for Kidney, Urologic, and Hematologic Diseases'' and inserting ``a Division Director for Urologic Diseases, and a Division Director for Kidney and Hematologic Diseases''; and (2) in subsection (b)-- (A) by striking ``and the Division Director for Kidney, Urologic, and Hematologic Diseases'' and inserting ``the Division Director for Urologic Diseases, and the Division Director for Kidney and Hematologic Diseases''; and (B) by striking ``(1) carry out programs'' and all that follows through the end and inserting the following: ``(1) carry out programs of support for research and training (other than training for which National Research Service Awards may be made under section 487) in the diagnosis, prevention, and treatment of diabetes mellitus and endocrine and metabolic diseases, digestive diseases and nutritional disorders, and kidney, urologic, and hematologic diseases, including support for training in medical schools, graduate clinical training (with particular attention to programs geared to the needs of urology residents and fellows), graduate training in epidemiology, epidemiology studies, clinical trials, and interdisciplinary research programs; ``(2) establish programs of evaluation, planning, and dissemination of knowledge related to such research and training; ``(3) in cooperation with the urologic scientific and patient community, develop and submit to the Congress not later than January 1, 2006, a national urologic research plan that identifies research needs in the various areas of urologic diseases, including pediatrics, interstitial cystitis, incontinence, stone disease, urinary tract infections, and benign prostatic diseases; and ``(4) in cooperation with the urologic scientific and patient community, review the national urologic research plan every 3 years beginning in 2009 and submit to the Congress any revisions or additional recommendations.''; and (3) at the end of the section, by adding the following: ``(c) There are authorized to be appropriated $500,000 for each of fiscal years 2004 and 2005 to carry out paragraphs (3) and (4) of subsection (b), and such sums as may be necessary thereafter.''. (b) Urologic Diseases Data System and Information Clearinghouse.-- Section 427 of the Public Health Service Act (42 U.S.C. 285c-1) is amended-- (1) in subsection (c), by striking the terms ``and Urologic'' and ``and urologic'' each place either such term appears; and (2) by adding at the end the following: ``(d) The Director of the Institute shall-- ``(1) establish the National Urologic Diseases Data System for the collection, storage, analysis, retrieval, and dissemination of data derived from patient populations with urologic diseases, including, where possible, data involving general populations for the purpose of detection of individuals with a risk of developing urologic diseases; and ``(2) establish the National Urologic Diseases Information Clearinghouse to facilitate and enhance knowledge and understanding of urologic diseases on the part of health professionals, patients, and the public through the effective dissemination of information.''. (c) Strengthening the Urology Interagency Coordinating Committee.-- Section 429 of the Public Health Service Act (42 U.S.C. 285c-3) is amended-- (1) in subsection (a), by striking ``and a Kidney, Urologic, and Hematologic Diseases Coordinating Committee'' and inserting ``a Urologic Diseases Interagency Coordinating Committee, and a Kidney and Hematologic Diseases Interagency Coordinating Committee''; (2) in subsection (b), by striking ``the Chief Medical Director of the Veterans' Administration,'' and inserting ``the Under Secretary for Health of the Department of Veterans Affairs''; and (3) by adding at the end the following: ``(d) The urology interagency coordinating committee may encourage, conduct, or support intra- or interagency activities in urology research, including joint training programs, joint research projects, planning activities, and clinical trials. ``(e) For the purpose of carrying out the activities of the Urologic Diseases Interagency Coordinating Committee, there are authorized to be appropriated $5,000,000 for each of fiscal years 2004 through 2008, and such sums as may be necessary thereafter.''. (d) National Urologic Diseases Advisory Board.--Section 430 of the Public Health Service Act (42 U.S.C. 285c-4) is amended by striking ``and the National Kidney and Urologic Diseases Advisory Board'' and inserting ``the National Urologic Diseases Advisory Board, and the National Kidney Diseases Advisory Board''. (e) Expansion of O'Brien Urologic Disease Research Centers.-- (1) In general.--Subsection (c) of section 431 of the Public Health Service Act (42 U.S.C. 285c-5(c)) is amended in the matter preceding paragraph (1) by inserting ``There shall be no fewer than 15 such centers focused exclusively on research of various aspects of urologic diseases, including pediatrics, interstitial cystitis, incontinence, stone disease, urinary tract infections, and benign prostatic diseases.'' before ``Each center developed''. (2) Authorization of appropriations.--Section 431 of the Public Health Service Act (42 U.S.C. 285c-5) is amended by adding at the end the following: ``(f) There are authorized to be appropriated for the urologic disease research centers described in subsection (c) $22,500,000 for each of fiscal years 2004 through 2008, and such sums as are necessary thereafter.''. (3) Technical amendment.--Subsection (c) of section 431 of the Public Health Service Act (42 U.S.C. 285c-5(c)) is amended at the beginning of the unnumbered paragraph-- (A) by striking ``shall develop and conduct'' and inserting ``(2) shall develop and conduct''; and (B) by aligning the indentation of such paragraph with the indentation of paragraphs (1), (3), and (4). (f) Subcommittee on Urologic Diseases.--Section 432 of the Public Health Service Act (42 U.S.C. 285c-6) is amended by striking ``and a subcommittee on kidney, urologic, and hematologic diseases'' and inserting ``a subcommittee on urologic diseases, and a subcommittee on kidney and hematologic diseases''. (g) Loan Repayment to Encourage Urologists and Other Scientists to Enter Research Careers.--Subpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c et seq.) is amended by inserting after section 434A the following: ``loan repayment program for urology research ``Sec. 434B. (a) Establishment.--Subject to subsection (b), the Secretary shall carry out a program of entering into contracts with appropriately qualified health professionals or other qualified scientists under which such health professionals or scientists agree to conduct research in the field of urology, as employees of the National Institutes of Health or of an academic department, division, or section of urology, in consideration of the Federal Government agreeing to repay, for each year of such research, not more than $35,000 of the principal and interest of the educational loans of such health professionals or scientists. ``(b) Limitation.--The Secretary may not enter into an agreement with a health professional or scientist pursuant to subsection (a) unless the professional or scientist-- ``(1) has a substantial amount of educational loans relative to income; and ``(2) agrees to serve as an employee of the National Institutes of Health or of an academic department, division, or section of urology for purposes of the research requirement of subsection (a) for a period of not less than 3 years. ``(c) Applicability of Certain Provisions.--Except as inconsistent with this section, the provisions of subpart 3 of part D of title III apply to the program established under subsection (a) in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program established under such subpart.''. (h) Authorization of Appropriations for Urology Research.--Subpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c et seq.) (as amended by subsection (g)) is further amended by inserting after section 434B the following: ``authorization of appropriations for urology research ``Sec. 434C. There are authorized to be appropriated to the Director of NIH for the purpose of carrying out intra- and interagency activities in urology research (including training programs, joint research projects, and joint clinical trials) $5,000,000 for each of fiscal years 2004 through 2008, and such sums as may be necessary thereafter. Amounts authorized to be appropriated under this section shall be in addition to amounts otherwise available for such purpose.''.

Training and Research in Urology Act of 2003 - Amends the Public Health Service Act to establish a Division Director for Urologic Diseases in the National Institute of Diabetes and Digestive and Kidney Diseases (the Institute). Requires the Director of the Institute (the Director) to give particular attention to supporting research and training programs geared to the needs of urology residents and fellows. Directs the Director to submit to Congress a national urologic research plan, and to review such plan every three years.Requires the Director to establish a National Urologic Diseases Data System for collecting and disseminating data from patients with urologic diseases, and a National Urologic Diseases Information Clearinghouse to facilitate and enhance knowledge and understanding of urologic diseases.Directs the Secretary of Health and Human Services to form a Urologic Diseases Interagency Coordinating Committee to further urology research, and a National Urologic Diseases Advisory Board. Directs that of the centers developed for research in kidney and urologic diseases under the Act, at least 15 shall focus exclusively on urologic diseases.Establishes within the advisory council for the Institute a subcommittee on urologic diseases. Directs the Secretary to establish a loan repayment program for urology research, with certain provisions of the Act to apply to the new program as such provisions apply to the National Health Service Corps Loan Repayment Program.

To amend the Public Health Service Act to enhance research, training, and health information dissemination with respect to urologic diseases, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Contraception Access and Education Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year 3,400,000 pregnancies, or one-half of all pregnancies, in the United States are unintended, and 4 in 10 of these unintended pregnancies end in abortion. (2) The Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy for women of reproductive potential and has approved certain forms of emergency contraceptive for unrestricted sale on pharmacy shelves to women of all ages. (3) Research indicates that emergency contraception reduces the risk of pregnancy by up to 95 percent and emergency IUD insertion reduces the risk by 99 percent. Although more effective the sooner it is taken, medical evidence indicates that emergency contraception can be effective up to 5 days after unprotected intercourse or contraceptive failure. (4) Emergency contraception is a responsible means of preventing pregnancy that works like other hormonal contraceptives by suppressing or delaying ovulation, which makes fertilization from unprotected intercourse unlikely if the medication is taken within 120 hours. Emergency contraception does not terminate an established pregnancy. (5) Most brands of emergency contraception consist of the same hormones found in other hormonal birth control. (6) The percentage of sexually experienced women aged 15 to 44 in the United States who have ever used emergency contraception increased from 4.2 percent in 2002 to 11 percent in years 2006 through 2010. (7) A recent study by the Guttmacher Institute demonstrates that the rate of teen pregnancy in the United States has reached a historic low, declining 51 percent since its peak in 1990. From 2008 to 2010, increasing proportions of women aged 18 and 19 reported becoming sexually active, yet fewer of them got pregnant during this time period than in previous studies. Research suggests that increasing rates of contraceptive use may be associated with the decline in teen pregnancy. (8) Despite an increase in use, significant disparities exist for young, urban, minority women who lack general knowledge about emergency contraception. In fact, 1 in 4 teens remain completely unaware of the method and its use. (9) Although the American College of Obstetricians and Gynecologists (ACOG) recommends that doctors routinely discuss emergency contraception with women of reproductive age during their clinical visits only half of obstetricians/gynecologists offer emergency contraception to all of their patients in need suggesting that greater provider and patient awareness and education is needed. (10) Nearly 1 out of 5 American women is a victim of rape. It is estimated that 25,000 to 32,000 women become pregnant each year as a result of rape, half of whom choose to terminate their pregnancy. The risk of pregnancy after sexual assault has been estimated to be 4.7 percent in adult survivors who were not protected by some form of contraception at the time of the attack. If used correctly, emergency contraception could help many of these rape survivors avoid the additional trauma of facing an unintended pregnancy. (11) Only 18 States and the District of Columbia require hospital emergency rooms to provide emergency contraception- related services to survivors of sexual assault. Of those, only 13 States and the District of Columbia require hospital emergency rooms to provide emergency contraception upon request to survivors of sexual assault. Nine States have adopted restrictions on emergency contraception, and six States explicitly allow pharmacists to refuse to dispense emergency contraception. (12) In light of their safety and efficacy, the American Medical Association, American Academy of Pediatrics, American Women's Medical Association, Society for Adolescent Medicine, and the American College of Obstetricians and Gynecologists have endorsed more widespread availability of emergency contraceptives. (13) Healthy People 2020, published by the Office of Disease Prevention and Health Promotion (ODPHP), establishes a 10-year national public health goal of increasing the proportion of publicly funded health care providers who provide emergency contraception to their patients, and reducing the number of unintended pregnancies by 10 percent. (14) Public awareness campaigns targeting women and health care providers will help remove many of the barriers to emergency contraception and will help bring this important means of pregnancy prevention to women in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Emergency contraception.--The term ``emergency contraception'' means a drug or device (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)), or drug regimen that-- (A) is used postcoitally; (B) prevents pregnancy primarily by preventing or delaying ovulation, and does not terminate an established pregnancy; and (C) is approved by the Food and Drug Administration. (2) Health care provider.--The term ``health care provider'' means an individual who is licensed or certified under State law to provide health care services and who is operating within the scope of such license. Such term shall include a pharmacist. (3) Hospital.--The term ``hospital'' means-- (A) a hospital as defined in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)); and (B) a critical access hospital as defined in section 1861(mm)(1) of such Act (42 U.S.C. 1395x(mm)(1)). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Sexual assault.-- (A) In general.--The term ``sexual assault'' means a sexual act (as defined in subparagraphs (A) through (C) of section 2246(2) of title 18, United States Code) where the victim involved does not consent or lacks the capacity to consent. (B) Application of provisions.--The definition in subparagraph (A) shall apply to all individuals. SEC. 4. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF EMERGENCY CONTRACEPTION WITHOUT CHARGE. (a) In General.--Federal funds may not be provided to a hospital under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or to a State, with respect to services of a hospital, under title XIX of such Act (42 U.S.C. 1396 et seq.), unless such hospital complies with the conditions specified in subsection (b) in the case of-- (1) any woman who arrives at the hospital and states that she is a victim of sexual assault, or is accompanied by someone who states she is a victim of sexual assault; and (2) any woman who arrives at the hospital whom hospital personnel have reason to believe is a victim of sexual assault. (b) Assistance for Victims.--The conditions specified in this subsection regarding a hospital and a woman described in subsection (a) are as follows: (1) The hospital promptly provides the woman with medically and factually accurate and unbiased written and oral information about emergency contraception, including information explaining that-- (A) emergency contraception has been approved by the Food and Drug Administration as an over-the-counter medication for all women without age restrictions and is a safe and effective way to prevent pregnancy after unprotected intercourse or contraceptive failure if taken in a timely manner; (B) emergency contraception is more effective the sooner it is taken; and (C) emergency contraception does not cause an abortion and cannot interrupt an established pregnancy. (2) The hospital promptly offers emergency contraception to the woman, and promptly provides such contraception to her at the hospital on her request. (3) The information provided pursuant to paragraph (1) is in clear and concise language, is readily comprehensible, and meets such conditions regarding the provision of the information in languages other than English as the Secretary may establish. (4) The services described in paragraphs (1) through (3) are not denied because of the inability of the woman or her family to pay for the services. (c) Effective Date; Agency Criteria.--This section shall take effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act. Not later than 30 days prior to the expiration of such period, the Secretary shall publish in the Federal Register criteria for carrying out this section. SEC. 5. EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION PROGRAMS. (a) Emergency Contraception Public Education Program.-- (1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information on emergency contraception. (2) Dissemination.--The Secretary may disseminate information on emergency contraception under paragraph (1) directly or through arrangements with health agencies, professional and nonprofit organizations, consumer groups, institutions of higher education, clinics, the media, and Federal, State, and local agencies. (3) Information.--The information on emergency contraception disseminated under paragraph (1) shall include, at a minimum, the most current evidence-based and evidence- informed standards of care with respect to emergency contraception and an explanation of the proper, use, safety, efficacy, counseling and availability of such contraception. (b) Emergency Contraception Information Program for Health Care Providers.-- (1) In general.--The Secretary, acting through the Administrator of the Health Resources and Services Administration and in consultation with major medical and public health organizations, shall develop and disseminate to health care providers information on emergency contraception. (2) Information.--The information disseminated under paragraph (1) shall include, at a minimum-- (A) information describing the most current evidence-based and evidence-informed standards of care, proper use, safety, efficacy, counseling and availability of emergency contraception; (B) a recommendation regarding the use of such contraception in appropriate cases; (C) recommendation for health care providers working in emergency rooms to consult with survivors of sexual assault once clinically stable regarding options for emergency contraception and to provide any necessary follow-up care and referral services; and (D) information explaining how to obtain copies of the information developed under subsection (a) for distribution to the patients of the providers. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 2014 through 2018.

Emergency Contraception Access and Education Act of 2014 - Prohibits payment to a hospital under titles XVIII (Medicare) or XIX (Medicaid) of the Social Security Act unless the hospital promptly provides information about emergency contraception to any woman who arrives at the hospital and is stated to be, or hospital staff have reason to believe is, a victim of sexual assault. Requires the Director of the Centers for Disease Control and Prevention (CDC) to develop and disseminate information on emergency contraception. Directs the Administrator of the Health Resources and Services Administration (HRSA) to develop and disseminate to health care providers, including pharmacists, information on emergency contraception, including a recommendation for providers working in emergency rooms to consult with survivors of sexual assault regarding emergency contraception and provide follow-up care and referral services.

Emergency Contraception Access and Education Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Food and Fuel for America Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Volumetric Excise Tax Credit was created to encourage gasoline refiners to blend domestically produced corn ethanol into the Nation's gasoline supplies. (2) The 54-cent temporary tariff on imported ethanol was created to encourage the development of a domestic grain ethanol industry. (3) Domestic corn ethanol production has increased five- fold since 2000 to more than 9,000,000,000 gallons of corn ethanol produced at more than 150 facilities. (4) Domestic corn ethanol production will soon exceed 12,000,000,000 gallons, diverting at least one-third of the Nation's corn supply from food and feed to fuel. (5) Federal ethanol mandates require gasoline refiners to blend 15,000,000,000 gallons of ethanol into gasoline supplies by 2015. (6) The United States is now the world's largest producer of ethanol and our domestic corn ethanol industry is no longer in need of tax subsidies or tariffs. (7) In combination, the rapid growth of the corn ethanol industry and Federal ethanol mandates has made the tax credit for corn ethanol and tariff obsolete. (8) Scarce Federal resources should be dedicated to the development of new and emerging sources of renewable energy, including biomass fuels that meet environmental goals. SEC. 3. REDUCTION OF INCOME TAX CREDIT FOR ALCOHOL USED AS A FUEL. (a) In General.--The table in section 40(h)(2) of the Internal Revenue Code of 1986 is amended by striking the last row and inserting the following new rows: ------------------------------------------------------------------------ 2009.......................... 28 cents 22 cents 2010.......................... 21 cents 16 cents 2011.......................... 16 cents 12 cents 2012.......................... 11 cents 9 cents 2013.......................... 7 cents 6 cents 2014.......................... 0 0. ------------------------------------------------------------------------ (b) Conforming Amendments.-- (1) Extension of credit.--Section 40(e)(1) of such Code is amended-- (A) by striking ``2010'' in subparagraph (A) and inserting ``2013,'', and (B) by striking ``2011'' in subparagraph (B) and inserting ``2014''. (2) Repeal of delayed reduction.--Section 40(h) of such Code is amended by striking paragraph (3). (c) Effective Date.--The amendments made by this section shall apply to alcohol produced, and sold or used, in taxable years beginning after the date of the enactment of this Act. SEC. 4. REDUCTION OF EXCISE TAX CREDIT FOR ALCOHOL FUEL MIXTURES. (a) In General.--Section 6426(b)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking clause (ii), and by inserting after clause (i) the following new clauses: ``(ii) in the case of calendar year 2009, 28 cents, ``(iii) in the case of calendar year 2010, 21 cents, ``(iv) in the case of calendar year 2011, 16 cents, ``(v) in the case of calendar year 2012, 11 cents, ``(vi) in the case of calendar year 2013, 7 cents, and ``(vii) in the case of calendar year 2014 and thereafter, zero cents.''. (b) Conforming Amendments.-- (1) Section 6426(b) of such Code is amended-- (A) by striking subparagraph (C) of paragraph (2), and (B) by striking paragraph (6). (2) Section 6427(e)(5)(A) of such Code is amended by striking ``2010'' and inserting ``2013''. (c) Effective Date.--The amendments made by this section shall apply to fuel sold or used after the date of the enactment of this Act. SEC. 5. REDUCTION AND ELIMINATION OF TARIFFS ON ETHANOL. (a) Reduction of Temporary Tariff Duty on Imported Ethanol.-- (1) Calendar year 2009.-- (A) In general.--Heading 9901.00.50 of Subchapter 1 of Chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking ``14.27 cents'' each place it appears and inserting ``8 cents''. (B) Applicability.--The amendment made by subparagraph (A) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2009, and before January 1, 2010. (C) Retroactive application.--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 before the 90th day after the date of the enactment of this Act, any entry, or withdrawal from warehouse for consumption, of any good-- (i) that was made on or after January 1, 2009 and before the date of the enactment of this Act; and (ii) with respect to which there would have been a lower rate of duty if the amendment made by this subsection applied to such entry, or withdrawal, shall be liquidated or reliquidated as if such amendment applied to such entry or withdrawal. (2) Calendar year 2010.-- (A) In general.--Such heading is amended by striking ``14.8 cents'' each place it appears and inserting ``6 cents''. (B) Applicability.--The amendment made by subparagraph (A) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2010, and before January 1, 2011. (3) Calendar year 2011.-- (A) In general.--Such heading is amended by striking ``11.1 cents'' each place it appears and inserting ``4 cents''. (B) Applicability.--The amendment made by subparagraph (A) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2011, and before January 1, 2012. (4) Calendar year 2012.-- (A) In general.--Such heading is amended by striking ``8.5 cents'' each place it appears and inserting ``3 cents''. (B) Applicability.--The amendment made by subparagraph (A) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2012, and before January 1, 2013. (5) Calendar year 2013.-- (A) In general.--Such heading is amended by striking ``5.8 cents'' each place it appears and inserting ``2 cents''. (B) Applicability.--The amendment made by subparagraph (A) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2013, and before January 1, 2014. (b) Duty-free Treatment Beginning in 2014.-- (1) Addition of alternative fuels subchapter.--Chapter 98 of the Harmonized Tariff Schedule is amended by adding at the end the following new subchapter: ``Subchapter XXIII Alternative Fuels ---------------------------------------------------------------------------------------------------------------- Rates of Duty --------------------------------------------------------------------- Heading/Subheading Article Description 1 ----------------------------------------------- 2 General Special ---------------------------------------------------------------------------------------------------------------- 9823.01.01 Ethyl alcohol Free Free 20%''. (provided for in subheadings 2207.10.60 and 2207.20) or any mixture containing such ethyl alcohol (provided for in heading 2710 or 3824) if such ethyl alcohol or mixture is to be used as a fuel or in producing a mixture of gasoline and alcohol, a mixture of a special fuel and alcohol, or any other mixture to be used as fuel (including motor fuel provided for in subheading 2710.11.15, 2710.19.15 or 2710.19.21), or is suitable for any such uses................. ---------------------------------------------------------------------------------------------------------------- (2) Conforming amendments.--Subchapter I of chapter 99 of the Harmonized Tariff Schedule is amended-- (A) by striking heading 9901.00.50; and (B) by striking U.S. notes 2 and 3. (3) Effective date.--The amendments made by this subsection shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2014. SEC. 6. SENSE OF CONGRESS. (a) Findings.--Congress finds that-- (1) the organization ``Feeding America'' formerly known as America's Second Harvest, issued the results of a national study on hunger and poverty in America and found that for 1 in 8 Americans hunger is a reality, that the numbers of hungry Americans is on the rise, and 37.3 million people lived in poverty, including over 7.6 million families, 3.6 million seniors, and over 13.3 million children under the age of 18; (2) the Department of Agriculture, Economic Research Service, found that an estimated 35.5 million Americans are food insecure, meaning their access to enough food is limited by a lack of money and other resources; (3) the Center for Budget and Policy Priorities reports that ``the current downturn is likely to cause significant increases both in the number of Americans who are poor and the number living in `deep poverty,' with incomes below half of the poverty line. Because this recession is likely to be deep and the government safety net for very poor families who lack jobs has weakened significantly in recent years, increases in deep poverty in this recession are likely to be severe''; (4) World Hunger Year (WHY), a non-profit organization which operates a national hunger hotline with funding from the Department of Agriculture, has experienced a significant increase in calls for food assistance or information about where to find food, shelter, child-care, or job-finding assistance; and (5) the production of cellulosic and advanced biofuels in the United States will assist the Nation in becoming less vulnerable to foreign supplies of oil, will create a significant number of jobs, and could achieve significant reductions in the generation of greenhouse gas emissions as determined by several recent studies. (b) Sense of Congress.--It is the sense of Congress that the savings achieved under this Act should be used to combat hunger in the United States and to develop domestic supplies of cellulosic and advanced biofuels by being used to-- (1) increase the assistance provided for Federal nutrition programs administered by the Secretary of Agriculture, including school nutrition programs; (2) provide assistance to non-profit organizations dedicated to responding to the needs of low-income families in the United States; and (3) provide loan guarantees or grants to companies ready to construct cellulosic and advanced biofuel processing facilities in the United States.

Affordable Food and Fuel for America Act - Amends the Internal Revenue Code to phaseout the income and excise tax credits for alcohol-based fuels and eliminate such credits in 2014. Amends the Harmonized Tariff Schedule of the United States to phaseout the tariff on ethanol and provide duty free treatment of ethanol in 2014. Expresses the sense of Congress that the savings achieved by this Act should be used to combat hunger in the United States and to develop domestic supplies of cellulosic and advanced biofuels.

To reduce and eliminate the tax credit for alcohol fuel mixtures and the tariff on imported ethanol.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Response to Terrorism and Consequence Management Act of 2002''. TITLE I--CAPACITY BUILDING FOR URBAN SEARCH AND RESCUE TASK FORCES SEC. 101. SHORT TITLE. This title may be cited as the ``National Urban Search and Rescue Task Force Assistance Act of 2002''. SEC. 102. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the Federal Emergency Management Agency (FEMA) established the National Urban Search and Rescue Response System in 1989 pursuant to requirement in the Earthquakes Hazards Reduction Act of 1977 which directed FEMA to provide adequate search and rescue capacity in the event of an earthquake; (2) once the President has issued a major disaster declaration following a request by a governor, FEMA may activate up to three task forces that are closest to the disaster and additional task forces may be activated as necessary; (3) each task force must be able to deploy all personnel and equipment within six hours of activation and are expected to be able to sustain themselves for the first 72 hours of operations; (4) each task force must be capable of deploying at least 62 fully trained individuals, with each position staffed three deep to ensure the availability of at least two alternatives available in reserve for each position for a total of 186 members in each task force; (5) task forces are supported by Incident Support Teams which provide technical assistance to state and local emergency managers, coordinate the activities of multiple task forces, and provide logistical support; (6) in fiscal year 2001, FEMA provided $7,200,000 to the task forces for training and equipment, allocated according to need; (7) in fiscal year 2001, FEMA provided some $6,000,000 for upgrading the capability of six task forces to respond to disaster resulting from the use of weapons of mass destruction, including the capacity to search and provide assistance in an environment with chemical, biological, or radiological contamination; (8) there currently are 28 task forces throughout the United States; (9) since the terrorist attacks of September 11, 2001, the need for fully equipped and trained task forces is obvious; (10) by noon of September 12, 2001, eight task forces were working valiantly with the courageous New York firefighters to address the aftermath of the terrorist attacks on the World Trade Center, four task forces responded to the attacks on the Pentagon, and 25 of 28 task forces were deployed over a three- week period; (11) each task force is currently in need of additional training and support equipment with each task force being deployed with some 80,000 pounds of search, rescue, and support equipment valued at some $1,800,000; (12) each task force is supported by some $150,000 per year in operating costs with needs of approximately $1,500,000 to maintain optimum operational efficiency; (13) many task forces have inadequate transportation to ensure a timely response to disasters, including acts of terrorism; (14) the cost of maintaining FEMA's Incident Support Teams as part of the search and rescue task forces is $5,000,000 per year; (15) the Federal Government needs to ensure that each task force is adequately trained and equipped to perform urban search and rescue functions in all environments, including the aftermath from acts of terrorism involving weapons of mass destruction; (16) the Federal Government needs to ensure that each task force has adequate equipment to meet all operational needs and staff support; (17) the Federal Government needs to ensure that each task force has the capability to put two full teams in the field to meet any disaster or act of terrorism; (18) the Federal Government needs to ensure that designated task forces have the capability to deploy internationally to provide search and rescue functions vital to our interests and those of our allies; and (19) while these task forces were originally created for earthquake response, these highly capable task forces have an expanding and vital role in responding to acts of terrorism, including those involving weapons of mass destruction. (b) Purpose.--The purpose of this act is to provide the needed funds, equipment, and training to ensure that all urban search and rescue task forces have the full capability to respond to all emergency search and rescue needs arising from any disaster, including acts of terrorism involving a weapon of mass destruction. SEC. 103. DEFINITIONS. For purposes of this title, the following definitions apply: (1) The term ``Director'' shall mean the Director of the Federal Emergency Management Agency. (2) The term ``urban search and rescue task force'' shall be any of the 28 urban search and rescue task forces currently designated by FEMA. (3) The term ``urban search and rescue equipment'' means any equipment, determined by the Director, as necessary to respond to any emergency, designated as a disaster by the President of the United States, including any emergency for which the proximate cause is a terrorist act, including biological, nuclear/radioactive, or chemical terrorism. SEC. 104. ASSISTANCE. (a) Eligible Activities.--The Director may provide one or more grants to each urban search and rescue task forces for-- (1) operational costs in excess of the funds provided under subsection (b) of this section; (2) the cost of all needed urban search and rescue equipment; (3) the cost of equipment needed to allow a task force to operate in an environment contaminated by weapons of mass destruction, including chemical, biological, and nuclear/ radioactive contaminants; (4) the cost of training, including training for operating in an environment contaminated by weapons of mass destruction, including chemical, biological, and nuclear/radioactive weapons; (5) the cost of transportation; (6) the cost of task force expansion; (7) the cost of Incident Support Teams, including the cost to conduct appropriate task force readiness evaluations; and (8) the cost of making task forces capable of responding to international disasters, including acts of terrorism. (b) Cost of Operations.--The Director shall provide not less than $1,500,000 for operational costs to each urban search and rescue task force in each fiscal year. (c) Priority for Funding.--The Director shall prioritize all funding under this section to ensure that all urban search and rescue task forces have the capacity, including all needed equipment and training, to deploy two separate task forces simultaneously from each sponsoring agency. (d) Funding Requirements for International Search and Rescue Teams.--The Director shall only make grants to fund subsection (a)(8) upon a determination of need by the Director or to maintain existing capacity, according to criteria established by the Secretary of State in coordination with the Director. SEC. 105. GRANT REQUIREMENTS. The Director shall establish such requirements as necessary to award grants under this Act. SEC. 106. TECHNICAL ASSISTANCE FOR COORDINATION. The Director may award no more than four percent of the funds appropriated for any fiscal year under section 109 for technical assistance to allow urban search and rescue task forces to coordinate with other agencies and organizations, including career and volunteer fire departments, to meet state and local disasters, including those resulting from acts of terrorism involving the use of a weapon of mass destruction including chemical, biological, and nuclear/radioactive weapons. SEC. 107. ADDITIONAL TASK FORCES. The Director is authorized to establish additional urban search and rescue teams pursuant to a finding of need. No additional urban search and resuce teams may be designated or funded until the first 28 teams are fully funded and able to deploy simultaneously two task forces from each sponsoring agency with all necessary equipment, training, and transportation. SEC. 108. PERFORMANCE OF SERVICES. For purposes of ensuring the effectiveness of the urban search and resuce task forces assisted under this Act, the Director may use the authority under section 306 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, as amended (42 U.S.C. 5149), to incur any additional obligations as determined necessary by the Director. Such obligations may include the cost of temporary employment, workmen compensation, insurance, and other compensation for work-related injuries consistent with memorandums of understanding agreed to between the Director and the task forces. SEC. 109. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $160,000,000 for fiscal year 2002 of which each task force is to receive not less than $1,500,000 for operational costs (including the costs of basic search and rescue equipment). TITLE II--PROMOTE THE CONTRIBUTION OF EQUIPMENT TO VOLUNTEER FIREFIGHTING DEPARTMENTS SEC. 201. SHORT TITLE. This title may be cited as the ``Good Samaritan Volunteer Firefighter Assistance Act of 2002''. SEC. 202. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE DONATION OF FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES. (a) Liability Protection.--A person who donates fire control or fire rescue equipment to a volunteer fire company shall not be liable for civil damages under any State or Federal law for personal injuries, property damage or loss, or death proximately caused by the equipment after the donation. (b) Exceptions.--Subsection (a) does not apply to a person if-- (1) the person's act or omission proximately causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct; or (2) the person is the manufacturer of the fire control or fire rescue equipment. (c) Preemption.--This Act preempts the laws of any State to the extent such laws are inconsistent with this Act, except that notwithstanding subsection (b), this Act shall not preempt any State law that provides additional protection from liability for a person who donates fire control or fire rescue equipment to a volunteer fire company. (d) Certification of Safety by State Fire Marshal.--The State shall designate its State Fire Marshal or equivalent person to certify the safety and usefulness of the fire control or fire rescue equipment that is being donated. (e) Definitions.--In this section: (1) Person.--The term ``person'' includes any governmental or other entity. (2) Fire control or rescue equipment.--The term ``fire control or fire rescue equipment'' includes any fire vehicle, fire fighting tool, emergency medical equipment, protective gear, fire hose, or breathing apparatus. (3) Gross negligence.--The term ``gross negligence'' shall mean voluntary and conscious conduct harmful to the health or well-being of another person by a person who, at the time of the conduct, knew that the conduct was likely to be harmful to the health or well-being of another person. (4) Intentional misconduct.--The term ``intentional misconduct'' shall mean voluntary and conscious conduct harmful to the health or well-being of another person by a person who, at the time of the conduct, knew that the conduct was harmful to the health or well-being of another person. (5) State.--The term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any other territory, or possession of the United States, and any political subdivision of any such State, territory, or possession. (6) Volunteer fire company.--The term ``volunteer fire company'' shall mean an association of individuals who provide fire protection and other emergency services, where at least 30 percent of the individuals receive little or no compensation compared with an entry level full-time paid individual in that association or in the nearest such association with an entry level full-time paid individual. (f) Effective Date.--This Act applies only to liability for injury, damage, loss, or death caused by equipment that, for purposes of subsection (a), is donated on or after the date that is 30 days after the date of the enactment of this Act. TITLE III--ESTABLISHMENT OF COORDINATION OFFICE WITHIN THE FEDERAL EMERGENCY MANAGEMENT AGENCY SEC. 301. ESTABLISHMENT OF COORDINATION OFFICE FOR RESPONDING TO ACTS OF TERRORISM. (a) FEMA Office for Emergency Coordination.--The Director of the Federal Emergency Management Agency (FEMA) shall establish or designate an office within FEMA to coordinate the response of State and local agencies, including fire departments, hospitals, and emergency medical facilities, to acts of terrorism, including the capacity to provide assistance in an environment with chemical, biological, or nuclear/ radiological contamination. (b) Definitions.-- (1) The term ``Director'' shall mean the Director of the Federal Emergency Management Agency. (2) The term ``State'' shall mean each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (c) Technical Assistance Grants.--The Director is authorized to make grants to provide technical assistance and coordinating funding to States to ensure that localities, fire departments, hospitals, and other appropriate entities, as determined by the Director, have the capacity to respond to the consequences of possible acts of terrorism, including the capacity to provide assistance in an environment with chemical, biological, or nuclear/radiological contamination. (d) Fire and Safety Training Grants.--The Director shall award grants to states to operate new and existing state fire and safety training programs for firefighting personnel within each State. (e) State and Local Coordination Plans To Respond to Acts of Terrorism.--To be eligible for a technical assistance grant under subsection (c), a State must submit a plan that-- (1) identifies an organizational hierarchy within the State and at the local level for responding to acts of terrorism; and (2) prioritizes State and local needs for developing the capacity to respond to the aftermath of acts of terrorism, including the capacity to meet these needs. This plan shall be developed in conjunction with police departments, fire departments, hospitals, and emergency medical facilities. (f) Confidentiality.--The Director, in conjunction with the Department of Justice, shall establish appropriate guidelines and safeguards to ensure that any plans developed under subsection (e) have adequate protections to limit the availability of information that could put a state or locality at an additional risk of an act of terrorism. (g) Cooperation Between Agencies.--The Director shall establish a task force among Federal agencies for the coordination of Federal, State, and local resources as needed to develop a national response plan for responding to acts of terrorism, including the capacity to provide assistance in an environment with chemical, biological, or nuclear/radiological contamination. (h) Administrative Costs.--No more than five percent of any funds made available to a State under this title may be used for administrative costs. (i) Authorization of Appropriations.--The Director is authorized to use such sums as necessary from the Disaster Relief Fund to meet the requirements of this title, including no less than $100,000,000 for grants to support State fire and safety training programs under subsection (d). No less than 20 percent of the funds awarded under subsection (d) for these State fire and safety training programs shall be used to assist fire departments with an annual budget of no more than $25,000.

National Response to Terrorism and Consequence Management Act of 2002 - National Urban Search and Rescue Task Force Assistance Act of 2002 - Requires the Director of the Federal Emergency Management Agency to provide grants to urban search and rescue task forces for specified operational, equipment, training, and other costs. Requires the Director to prioritize funding to ensure that all task forces have the capacity to deploy two separate task forces simultaneously from each sponsoring agency.Good Samaritan Volunteer Firefighter Assistance Act of 2002 - Declares that a person who donates fire control or fire rescue equipment to a volunteer fire company shall not be liable (with exceptions) for civil damages under any State or Federal law for personal injuries, property damage or loss, or death caused by the equipment. Requires each State to designate its State Fire Marshal to certify the safety and usefulness of such equipment.Directs the Director to establish or designate an office to coordinate the responses of State and local agencies to acts of terrorism. Authorizes the Director to make grants to provide technical assistance and coordinating funding to States with State and local coordination plans to ensure that localities, fire departments, hospitals, and other appropriate entities have the capacity to respond to the consequences of possible terrorist acts. Requires the Director to: (1) award grants to States to operate fire and safety training programs for fire-fighting personnel; and (2) establish a Federal agency task force for the coordination of Federal, State, and local resources to develop a national response plan.

A bill to establish a national response to terrorism, a national urban search and rescue task force program to ensure local capability to respond to the threat and aftermath of terrorist activities and other emergencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Readiness Investigation Board Act of 2001''. SEC. 2. ESTABLISHMENT. There is established a task force to be known as the ``Military Readiness Investigation Board'' (hereafter in this Act referred to as the ``Readiness Board''). SEC. 3. MEMBERSHIP. (a) Number and Appointment of Members.--(1) The Readiness Board shall be composed of not more than 12 members, who shall be appointed by the Secretary of Defense. (2) In selecting persons for appointment as members of the Readiness Board, the Secretary shall consult with the following members of Congress: (A) The chairmen and ranking minority members of the Committees on Armed Services of the Senate and the House of Representatives. (B) The chairmen and ranking minority members of the Subcommittees on Defense of the Committees on Appropriations of the Senate and the House of Representatives. (b) Qualifications for Appointment.--(1) Members of the Readiness Board shall be selected from among persons who are experts in analyzing the military readiness of the Armed Forces, performing statistical analyses, or applying best business practices that are relevant or adaptable to readiness-related processes of the Armed Forces. (2) A member of the Readiness Board shall have or qualify for the security clearance or clearances appropriate for the performance of the duties of the Readiness Board. (3) The Secretary shall seek to appoint to membership on the Readiness Board retired members of the Armed Forces not on active duty and civilians in a ratio to each other that the Secretary determines appropriate for ensuring that military and nonmilitary perspectives are represented to a significant extent among the members of the Readiness Board. (c) Periods of Appointment; Vacancies.--(1) The members of the Readiness Board shall be appointed for the life of the Readiness Board. (2) Any vacancy on the Readiness Board shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Time for Initial Appointments.--The members of the Readiness Board shall be appointed not later than 15 days after the date of the enactment of this Act. (e) Chairman.--The Secretary of Defense shall designate one of the members to be the Chairman of the Readiness Board. SEC. 4. DUTIES. (a) In General.--It shall be the duty of the Readiness Board to conduct a comprehensive investigation of the state of mission readiness within all combat and combat support commands within the Armed Forces and to report the results of the investigation to the Secretary of Defense and to Congress. (b) Purpose.--The investigation and report of the Board shall be designed to provide the Secretary of Defense and Congress with an objective baseline assessment of the current state of the mission readiness of the Armed Forces so as to guide future appropriations and authorizations of appropriations for the Department of Defense. (c) Investigation.--(1) In carrying out the investigation, the Board shall-- (A) conduct an objective evaluation of the ability of all combat and combat support elements of the Armed Forces currently to execute the tasks, at the levels, experienced by the Armed Forces since the end of the Persian Gulf War and all of the wartime missions within acceptable timelines and levels of casualties; (B) determine whether, and the extent to which, definitional concepts of combat readiness have changed for major combat units and supporting elements since 1993; (C) determine and evaluate prevailing attitudes within the combat and combat support commands of the Armed Forces regarding the accuracy of the readiness levels reported for those commands; and (D) assess the adequacy of improvements to the readiness reporting system used within the Department of Defense and formulate recommendations for actions to improve the system further, including recommendations relating to the authority of a commander to adjust the evaluated readiness level of the commander's unit on the basis of the commander's judgment rather than the strict application of objective criteria. (2) In carrying out its duties under this Act, the Readiness Board-- (A) shall focus on the current state of readiness of the Armed Forces, but shall also examine-- (i) the trends in readiness for the five years preceding the year in which the Board is established; (ii) patterns of deployment of the Armed Forces during those five years; and (iii) the readiness trends that are projected in the future-years defense program submitted to Congress in that year under section 221 of title 10, United States Code; (B) may consider what if any additional equipment and supplies are needed to improve readiness, but may not consider any issue regarding the acquisition of major weapon systems for future use by the Armed Forces; and (C) shall accept as being appropriate the baseline threat assessments that are current during the conduct of the investigation and may not examine or reassess any of the existing levels of technological, military, or unconventional threats that the United States and its allies may potentially confront. (d) Completion and Report.--(1) Not later than one year after the date of the enactment of this Act, the Readiness Board shall complete the investigation and submit, in a classified and an unclassified version, a report on the results of the investigation to the Secretary of Defense and to Congress. (2) The report shall include detailed findings and conclusions, together with any recommendations for legislation or for administrative actions that the Board considers appropriate for improving the mission readiness of the Armed Forces or for improving the evaluation and reporting of readiness to the Secretary of Defense and to Congress. SEC. 5. MEETINGS. (a) Schedule.--(1) The Readiness Board shall meet at the call of the chairman. (2) The Readiness Board shall hold its first meeting not later than 15 days after the date on which all members have been appointed. (b) Quorum.--A majority of the members of the Readiness Board shall constitute a quorum, but a lesser number of members may take an action described in section 6(a) as authorized under that section. SEC. 6. POWERS. (a) Investigation.--The Readiness Board may, for the purpose of carrying out this Act, conduct interviews and surveys, hold hearings, sit and act at times and places, take testimony, and receive evidence to the extent that the Readiness Board considers appropriate in carrying out its duties under section 4. (b) Obtaining Official Data.--The Readiness Board may secure information necessary to enable the Readiness Board to carry out its duties directly from any Department of Defense agency, command, or unit without approval from superior command authorities, including any classified information commensurate with Readiness Board members' security clearances. (c) Administrative Support Services.--Upon the request of the chairman of the Readiness Board, the Secretary of Defense shall provide the Readiness Board with administrative support, office space, transportation and security services necessary for the Readiness Board to carry out its duties under this Act. (d) Postal and Printing and Binding Services.--The Readiness Board may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 7. PERSONNEL AND OTHER ADMINISTRATIVE MATTERS. (a) Compensation of Members.--Each member of the Readiness Board 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 the member is engaged in the performance of the duties of the Readiness Board. (b) Travel.--(1) The members of the Readiness Board 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 Readiness Board. (2) To the maximum extent practicable, the members and employees of the Readiness Board shall travel on military aircraft, military ships, military vehicles, or other military conveyances when travel is necessary in the performance of a duty of the Readiness Board, except that no such aircraft, ship, vehicle, or other conveyance may be scheduled primarily for the transportation of any such member or employee when the cost of commercial transportation is less expensive. (c) Staff.--(1) The chairman of the Readiness Board may, without regard to the civil service laws and regulations, appoint and terminate an executive director, and a staff of not more than 12 additional persons, if the Readiness Board determines that an executive director and staff are necessary in order for the Readiness Board to perform its duties effectively. The employment of an executive director shall be subject to confirmation by the Readiness Board. (2) The chairman may fix the compensation of the executive director without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Federal Employees.--A Federal Government employee may be detailed to the Readiness Board without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. The Secretary shall ensure that sufficient personnel are detailed to the Readiness Board to enable the Readiness Board to carry out its duties effectively. (e) Additional Administrative Support.--The Secretary of Defense shall furnish the Readiness Board any administrative and support services requested by the Readiness Board. (f) Gifts.--The Readiness Board may accept, use, and dispose of gifts or donations of services or property. (g) Funding Sources.--The compensation, travel expenses, and per diem allowances of members and employees of the Readiness Board shall be paid out of funds available to the Department of Defense for the payment of compensation, travel expenses, and per diem allowances, respectively, of civilian employees of the department. The other expenses of the Readiness Board shall be paid out of funds available to the Department of Defense for the payment of similar expenses incurred by the department. SEC. 8. TERMINATION. (a) In General.--Subject to subsection (b), the Readiness Board shall terminate 30 days after submitting the report under section 4(d). (b) Temporary Continuation.--(1) To ensure ready accessibility to informed explanation and discussion of the report and the proceedings of the Readiness Board, the service of the Chairman of the Readiness Board and one staff person designated by the Chairman shall continue until the end of the sixth month that begins after the month in which Board terminates under subsection (a). (2) Funds available for the Readiness Board shall be available for paying the compensation and expenses of the Chairman and the staff member under section 7 during the period of the continued service of the Chairman and staff member under paragraph (1).

Military Readiness Investigation Board Act of 2001 - Establishes the Military Readiness Investigation Board to conduct a comprehensive investigation of the state of mission readiness within all military combat and combatant support commands and to report investigation results to the Secretary of Defense and Congress. Requires the investigation and report to be designed to provide an objective baseline assessment of readiness to guide future appropriations and authorizations of appropriations for the Department of Defense.

A bill to establish the Military Readiness Investigation Board, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Short Term Retention for Agricultural Workers Act of 2013''. SEC. 2. IN GENERAL. (a) Inclusion of Dairy or Ranch Workers.--Section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by inserting ``labor on a dairy or ranch and'' before ``agricultural labor defined in''. (b) Elimination of 50 Percent Rule.--Section 218(c)(3) of such Act (8 U.S.C. 1188(c)(3)) is amended-- (1) in subparagraph (A), by striking ``(A)''; and (2) by striking subparagraph (B). (c) Wage Rate.--Section 218(a)(1)(B) of such Act (8 U.S.C. 1188(a)(1)(B)) is amended by striking the period at the end and inserting ``, except that no employer shall be required to pay a wage rate greater than the greatest of the Federal, State, and local minimum wage rates.''. (d) Legal Assistance From the Legal Services Corporation.--Section 218(h) of such Act (8 U.S.C. 1188(h)), as amended by subsection (g), is further amended by adding at the end the following: ``(4)(A) The Legal Services Corporation may not provide legal assistance for, or on behalf of, any alien, and may not provide financial assistance to any person or entity that provides legal assistance for, or on behalf of, any alien, unless-- ``(i) the alien is present in the United States at the time the legal assistance is provided; and ``(ii) the parties to the dispute have attempted, in good faith, mediation or other non-binding dispute resolution of all issues involving all such parties. ``(B) If an employer and a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) have an arbitration arrangement, the Legal Services Corporation shall respect the arbitration process and outcome. ``(C) No employer of a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) shall be required to permit any recipient of a grant or contract under section 1007 of the Legal Services Corporation Act (42 U.S.C. 2996f), or any employee of such a recipient, to enter upon the employer's property, unless such recipient or employee has a pre-arranged appointment with a specific nonimmigrant having such status.''. (e) Length of Stay.--Section 218 of such Act (8 U.S.C. 1188) is amended by adding at the end the following: ``(j) Length of Stay.--A STRAW worker who enters the United States may remain in the United States for a period of not more than 11 months. The STRAW worker may not enter the United States on an additional visa under section 101(a)(15)(H)(ii)(c) unless the STRAW worker first returns to that worker's country of origin for a period of not less than 1 month. A STRAW worker may enter and remain in the United States for a total of not more than 3 years.''. (f) Housing.--Section 218(c)(4) of such Act (8 U.S.C. 1188(c)(4)) is amended to read as follows: ``(4) Housing.--Except for STRAW workers who are reasonably able to return to their permanent residence (either within or outside the United States) within the same day, the employer will provide housing to STRAW workers through one of the following means: ``(A) Employer-owned housing in accordance with regulations promulgated by the Secretary of Agriculture. ``(B) Rental or public accommodations or other substantially similar class of habitation in accordance with regulations promulgated by the Secretary of Agriculture. ``(C) Except where the Governor of the State has certified that there is inadequate housing available in the area of intended employment for migrant farm workers and STRAW workers seeking temporary housing while employed in agricultural work, the employer may furnish the worker with a housing voucher in accordance with regulations, if-- ``(i) the employer has verified that housing is available for the period during which the work is to be performed, within a reasonable commuting distance of the place of employment, for the amount of the voucher provided, and that the voucher is useable for that housing; ``(ii) upon the request of a worker seeking assistance in locating housing for which the voucher will be accepted, the employer makes a good faith effort to assist the worker in identifying, locating and securing housing in the area of intended employment; and ``(iii) payment for the housing is made with a housing voucher that is only redeemable by the housing owner or their agent. An employer who provides housing through one of the foregoing means shall not be deemed a housing provider under section 203 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) by virtue of providing such housing.''. (g) Biometric Identification Card.--The Secretary of Homeland Security shall provide each nonimmigrant agricultural worker with an identification card that contains-- (1) an encrypted, machine-readable, electronic identification strip that is unique to the alien to whom the card is issued; (2) biometric identifiers, including fingerprints and a digital photograph; and (3) physical security features designed to prevent tampering, counterfeiting, or duplication of the card for fraudulent purposes. (h) Trust Fund.-- (1) Establishment.--The Secretary of Agriculture shall establish by regulation a trust fund the purpose of which is to provide, without further appropriation, funds for the administration and the enforcement of the program under this section, for the cost of the cards issued under subsection (k), for a monetary incentive for nonimmigrant agricultural workers to return to their country of origin upon expiration of their visas under the program, and for payment with respect to emergency medical services furnished to nonimmigrant agricultural workers. The Secretary of Agriculture in consultation with the Secretary of the Treasury shall promulgate such other regulations as may be necessary to carry out this subsection. (2) Payment of fica and futa amounts into trust fund.--In the case of employment of a nonimmigrant agricultural worker-- (A) the employer shall provide for payment into the trust fund established under paragraph (1) of the sum of-- (i) an amount equivalent to the amount of excise taxes which the employer would pay under the chapter 21 of the Internal Revenue Code of 1986 with respect to such employment if it were considered employment for the purpose of such Act; and (ii) an amount equivalent to (and in lieu of) the amount of excise taxes which the employer would otherwise pay under chapter 23 of such Code with respect to such employment; and (B) there shall be deducted from the wages of the worker and paid into such trust fund an amount equivalent to the amount of excise taxes that the employee would pay under such chapter 21 with respect to such employment if it were considered employment for the purposes of such Act. (3) Expenditures from trust fund.-- (A) Use of employer contributions for administration.--Amounts described in paragraph (2)(A) paid into the trust fund shall be used for the purpose of administering and enforcing the program under this section and for the cost of the cards issued under subsection (k). (B) Use of employee contributions for repayment of employee contributions upon return to country of origin.--Except as provided in subparagraph (C), amounts described in paragraph (2)(B) paid into the trust fund with respect to a nonimmigrant agricultural worker shall, upon application by the worker at the United States consulate nearest the worker's residence in the country of origin, be paid to the worker if the worker demonstrates the compliance of the worker with the terms and conditions of the program. (C) Use of employee contributions attributable to hi taxes for emergency medical services for nonimmigrant agricultural workers.-- (i) In general.--Amounts described in paragraph (2)(B) paid into the trust fund which relate to excise tax in section 3101(b) of the Internal Revenue Code of 1986 shall be used to provide payment with respect to emergency medical services (as defined in clause (iii)) for nonimmigrant agricultural workers. (ii) Administration.--The Secretary of Agriculture shall establish rules, in consultation with the Secretary of Health and Human Services, with respect to the payments under this subparagraph, including methods for determining qualifications for payment and the amount of payment to be made with respect to emergency medical services. (iii) Emergency medical services defined.-- In this subparagraph, the term ``emergency medical services'' means those items and services required to be provided under section 1867 of the Social Security Act (42 U.S.C. 1395dd) with respect to an individual who is a nonimmigrant agricultural worker and does not include items and services for which coverage under workers' compensation is required under subsection (f)(3) with respect to the worker. (i) Semiannual Reports to Congress.--The Secretary of Agriculture shall report to Congress semiannually regarding the program under this section. Each such report shall include a statement of the number of nonimmigrant visas issued under the program, an evaluation of the effectiveness of the program, a description of any problems related to the enforcement of the program, and any recommendations for legislation relating to the program. (j) Program Name and Administrator Changed.--Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188), as amended by this Act, is further amended-- (1) by striking ``H-2A worker'' each place it appears and inserting ``STRAW worker''; and (2) by striking ``Secretary of Labor'' each place it appears and inserting ``Secretary of Agriculture''.

Short Term Retention for Agricultural Workers Act of 2013 - Amends the Immigration and Nationality Act to rename H-2A nonimmigrant temporary agricultural workers as STRAW workers. Includes dairy or ranch workers in such category. Eliminates the 50% rule requiring employers to agree to accept all qualified U.S. workers until 50% of the certified employment period has been completed. Provides that an employer shall not be required to pay a wage rate greater than the greatest of the federal, state, and local minimum wage rates. Prohibits the Legal Services Corporation from providing legal assistance for any alien and prohibits providing financial assistance to any person or entity that provides legal assistance for any alien, unless: (1) the alien is present in the United States when the legal assistance is provided, and (2) the parties to the dispute have attempted mediation or other non-binding dispute resolution of all issues. Sets forth STRAW worker provisions regarding housing and length of U.S. stay. Directs the Secretary of Homeland Security (DHS) to provide each nonimmigrant agricultural worker with an identification card that contains: (1) an encrypted, machine-readable, electronic identification strip that is unique to such alien; (2) biometric identifiers, including fingerprints and a digital photograph; and (3) physical security features designed to prevent tampering, counterfeiting, or duplication. Directs the Secretary of Agriculture (USDA) to establish a trust fund to pay for: (1) program administration and enforcement, (2) identification card costs, (3) monetary incentives for nonimmigrant agricultural workers to return to their country of origin, and (4) emergency medical services furnished to such workers. Provides for the payment of specified funds into the trust fund from employers and worker wage deductions.

Short Term Retention for Agricultural Workers Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Provisional Ballot Fairness in Counting Act of 2007''. SEC. 2. UNIFORM STANDARD FOR TREATMENT OF PROVISIONAL BALLOTS CAST AT INCORRECT POLLING PLACES. Section 302(a)(4) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)(4)) is amended to read as follows: ``(4) The provisional ballot of an individual who is a registered voter in a jurisdiction in a State and who is eligible to vote in an election for Federal office in the State shall be counted as a vote in such an election if the appropriate State or local election official to whom the ballot or voter information is transmitted under paragraph (3)-- ``(A) in the case of an election for electors for President or for the office of a Senator, determines that the individual is registered to vote in the State in which the provisional ballot is cast; and ``(B) in the case of an election for the office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress), determines that the individual is registered to vote in the Congressional district in which the provisional ballot is cast.''. SEC. 3. MINIMUM CONTENTS OF PROVISIONAL BALLOTS. Section 302(a)(1) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)(1)) is amended by adding at the end the following new sentence: ``The provisional ballot shall include (at a minimum) all information required for the individual to cast a vote in each election for Federal office held at the polling place.''. SEC. 4. TREATMENT OF VOTERS WHO VOTE AFTER CLOSING OF POLLING PLACES. Section 302(c) of the Help America Vote Act of 2002 (42 U.S.C. 15482(c)) is amended to read as follows: ``(c) Equal Treatment of Voters Who Vote After the Polls Close.-- Any individual who votes in an election for Federal office as a result of a Federal or State court order or any other order extending the time established for closing the polls by a State law in effect 10 days before the date of that election shall cast the individual's ballot for the election in the same manner, and under the same terms and conditions, as any individual who votes in the election during the regular hours for the operation of polling places in the State, including the terms and conditions applicable to individuals permitted to cast provisional ballots under this section.''. SEC. 5. TREATMENT OF BALLOTS AFTER CASTING. (a) Responsibility of Election Official To Notify Individual of Determination of Eligibility of Ballot.-- (1) In general.--Section 302(a)(5) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)(5)) is amended to read as follows: ``(5)(A) Not later than 24 hours after determining whether or not the vote of an individual who casts a provisional ballot in an election will be counted in that election under this Act, the appropriate State or local election official shall notify the individual of the determination and (if the determination is made that the vote will not be counted) the reasons for the determination and the individual's right to challenge the determination under the procedures established under subparagraph (B). ``(B) Each State shall establish procedures, including a free access system (such as a toll-free telephone number or an Internet website), under which an individual who casts a provisional ballot in an election and who is notified by the appropriate State or local election official that the provisional ballot cast by the individual will not be counted as a vote in the election may challenge the determination prior to the final tabulation of ballots in the election. ``(C) In carrying out subparagraph (B), each State shall ensure that, in each jurisdiction of the State, an appropriate State or local election official operates open office hours for at least 8 hours on the day after the date of the election or the day after the date upon which determinations are made under subparagraph (A), during which a voter who cast a provisional ballot in the election may contact the official and challenge the determination under the procedures established under subparagraph (B).''. (2) Conforming amendment.--Section 302(a) of such Act (42 U.S.C. 15482(a)) is amended in the matter following paragraph (5) by striking ``The appropriate State or local official'' and all that follows through ``paragraph (5)(B).''. (b) Prohibiting Initiation of Recount or Certification of Results Prior to Review of Provisional Ballots Cast; Standards for Determination of Acceptance of Provisional Ballots.--Section 302(a) of such Act (42 U.S.C. 15482(a)) is amended by inserting after paragraph (5) the following new paragraphs: ``(6) The chief State election official may not make any determination regarding the applicability of any requirement under State law to conduct a recount of the results of any election for Federal office in the State, or certify the results of any election for Federal office in the State, until all of the votes cast by provisional ballot cast in the election which are to be counted pursuant to this Act have been counted. ``(7) In making a determination as to whether a vote cast by an individual by provisional ballot will be counted in an election, the chief State election official shall review not only the official Statewide list of registered voters but any other information which was submitted by the individual in the process of applying to register to vote.''. (c) Treatment of Rejected Provisional Ballot as Application for Voter Registration.--Section 302(a) of such Act (42 U.S.C. 15482(a)), as amended by subsection (b), is amended by inserting after paragraph (7) the following new paragraph: ``(8) If a provisional ballot cast by an individual in an election for Federal office is rejected on the ground that the individual is not registered to vote in the election, the ballot shall be treated (for purposes of this Act, the National Voter Registration Act of 1993, and applicable State law) as an application by the individual for voter registration in the appropriate registrar's jurisdiction, under the same terms and conditions applicable to applications for voter registration under this Act, including section 303(b)(4) (relating to the treatment of incomplete forms).''. SEC. 6. EFFECTIVE DATE. Section 302(d) of the Help America Vote Act of 2002 (42 U.S.C. 15482(d)) is amended to read as follows: ``(d) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2004. ``(2) Delayed effective date for certain provisions.--To the extent that any provision of this section was amended by the Provisional Ballot Fairness in Counting Act of 2007, such provision shall apply with respect to the regularly scheduled general election for Federal office held in November 2008 and each succeeding election for Federal office.''.

Provisional Ballot Fairness in Counting Act of 2007 - Amends the Help America Vote Act of 2002 to revise requirements for the treatment of provisional ballots in federal elections. Prohibits any election recount until all provisional votes have been counted. Requires the chief state election official, in determining whether to count a provisional vote, to review not only official registered voter lists but also any information an individual voter submitted during the registration process. Requires a provisional ballot in a federal election to be treated as a voter registration application if it is rejected on the ground that the individual is not registered to vote in the election.

To amend the Help America Vote Act of 2002 to clarify the treatment of provisional ballots cast in elections for Federal office, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Diabetes Self-Management Training Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Diabetes self-management training, also called diabetes education, provides critical knowledge and skills training to patients with diabetes, helping them manage medications, address nutritional issues, facilitate diabetes related problem solving, and make other critical lifestyle changes to effectively manage their diabetes. (2) A certified diabetes educator is a State licensed or registered health care professional who specializes in helping people with diabetes develop the self-management skills needed to stay healthy and avoid costly acute complications and emergency care, as well as debilitating secondary conditions caused by diabetes. (3) Diabetes self-management training has been proven effective in helping to reduce the risks and complications of diabetes and is a vital component of an overall diabetes treatment regimen. Patients under the care of a certified diabetes educator are better able to control their diabetes and improve their health status. (4) Lifestyle changes, such as those taught by certified diabetes educators, directly contribute to better glycemic control and reduced complications from diabetes. Evidence shows that the potential for prevention of the most serious medical complications caused by diabetes to be as high as 90 percent (blindness), 85 percent (amputations), and 50 percent (heart disease and stroke) with proper medical treatment and active self-management. (5) Despite its effectiveness in reducing diabetes related complications and associated costs, diabetes self-management training has been recognized by policymakers as an underutilized Medicare benefit. Enhancing access to diabetes self-management training programs that are taught by Certified Diabetes Educators is an important public policy goal that can help improve health outcomes, ensure quality, and reduce escalating diabetes-related health costs. SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS AUTHORIZED PROVIDERS OF MEDICARE DIABETES OUTPATIENT SELF-MANAGEMENT TRAINING SERVICES. (a) In General.--Section 1861(qq) of the Social Security Act (42 U.S.C. 1395x(qq)) is amended-- (1) in paragraph (1), by striking ``by a certified provider (as described in paragraph (2)(A)) in an outpatient setting'' and inserting ``in an outpatient setting by a certified diabetes educator (as defined in paragraph (3)) or by a certified provider (as described in paragraph (2)(A))''; and (2) by adding at the end the following new paragraphs: ``(3) For purposes of paragraph (1), the term `certified diabetes educator' means an individual who-- ``(A) is licensed or registered by the State in which the services are performed as a health care professional; ``(B) specializes in teaching individuals with diabetes to develop the necessary skills and knowledge to manage the individual's diabetic condition; and ``(C) is certified as a diabetes educator by a recognized certifying body (as defined in paragraph (4)). ``(4) For purposes of paragraph (3)(C), the term `recognized certifying body' means a certifying body for diabetes educators which is recognized by the Secretary as authorized to grant certification of diabetes educators for purposes of this subsection pursuant to standards established by the Secretary.''. (b) Treatment as a Practitioner, Including for Telehealth Services.--Section 1842(b)(18)(C) of the such Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: ``(vii) A certified diabetes educator (as defined in section 1861(qq)(3)).''. (c) GAO Study and Report.-- (1) Study.--The Comptroller General of the United States shall conduct a study to identify the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program, including economic and geographic barriers and availability of appropriate referrals and access to adequate and qualified providers. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under paragraph (1). (d) AHRQ Development of Recommendations for Outreach Methods and Report.-- (1) Development of recommendations.--The Director of the Agency for Healthcare Research and Quality shall, through use of a workshop and other appropriate means, develop a series of recommendations on effective outreach methods to educate primary care physicians and the public about the benefits of diabetes self-management training in order to promote better health outcomes for patients with diabetes. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Director of the Agency for Healthcare Research and Quality shall submit to Congress a report on the recommendations developed under paragraph (1). (e) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2013.

Medicare Diabetes Self-Management Training Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to recognize state-licensed or -registered health care professionals who are certified diabetes educators in an outpatient setting as authorized providers of Medicare diabetes outpatient self-management training services, including as part of telehealth services, under Medicare part B (Supplementary Medical Insurance). Directs the Comptroller General to study the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program. Directs the Director of the Agency for Health Care Research and Quality of the Department of Health and Human Services (HHS) to develop a series of recommendations on effective outreach methods to educate primary care physicians and the public about the benefits of diabetes self-management training.

A bill to amend title XVIII of the Social Security Act to improve access to diabetes self-management training by authorizing certified diabetes educators to provide diabetes self-management training services, including as part of telehealth services, under part B of the Medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as ``Department of Homeland Security Financial Accountability Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Influential financial management leadership is of vital importance to the mission success of the Department of Homeland Security. For this reason, the Chief Financial Officer of the Department must be a key figure in the Department's management. (2) To provide a sound financial leadership structure, the provisions of law enacted by the Chief Financial Officers Act of 1990 (Public Law 101-576) provide that the Chief Financial Officer of each of the Federal executive departments is to be a Presidential appointee who reports directly to the Secretary of that department on financial management matters. Because the Department of Homeland Security was only recently created, the provisions enacted by that Act must be amended to include the Department within these provisions. (3) The Department of Homeland Security was created by consolidation of 22 separate Federal agencies, each with its own accounting and financial management system. None of these systems was developed with a view to executing the mission of the Department of Homeland Security to prevent terrorist attacks within the United States, reduce the Nation's vulnerability to terrorism, and minimize the damage and assist in the recovery from terrorist attacks. For these reasons, a strong Chief Financial Officer is needed within the Department both to consolidate financial management operations, and to insure that management control systems are comprehensively designed to achieve the mission and execute the strategy of the Department. (4) The provisions of law enacted by the Chief Financial Officers Act of 1990 require agency Chief Financial Officers to improve the financial information available to agency managers and the Congress. Those provisions also specify that agency financial management systems must provide for the systematic measurement of performance. In the case of the Department of Homeland Security, therefore, it is vitally important that management control systems be designed with a clear view of a homeland security strategy, including the priorities of the Department in addressing those risks of terrorism deemed most significant based upon a comprehensive assessment of potential threats, vulnerabilities, criticality, and consequences. For this reason, Federal law should be amended to clearly state the responsibilities of the Chief Financial Officer of the Department of Homeland Security to provide management control information, for the benefit of managers within the Department and to help inform the Congress, that permits an assessment of the Department's performance in executing a homeland security strategy. SEC. 3. CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Section 901(b)(1) of title 31, United States Code, is amended-- (1) by redesignating subparagraphs (G) through (P) as subparagraphs (H) through (Q), respectively; and (2) by inserting after subparagraph (F) the following: ``(G) The Department of Homeland Security.''. (b) Appointment or Designation of CFO.--The President shall appoint or designate a Chief Financial Officer of the Department of Homeland Security under the amendment made by subsection (a) by not later than 180 days after the date of the enactment of this Act. (c) Continued Service of Current Official.--An individual serving as Chief Financial Officer of the Department of Homeland Security immediately before the enactment of this Act, or another person who is appointed to replace such an individual in an acting capacity after the enactment of this Act, may continue to serve in that position until the date of the confirmation or designation, as applicable (under section 901(a)(1)(B) of title 31, United States Code), of a successor under the amendment made by subsection (a). (d) Conforming Amendments.-- (1) Homeland security act of 2002.--The Homeland Security Act of 2002 (Public Law 107-296) is amended-- (A) in section 103 (6 U.S.C. 113)-- (i) in subsection (d) by striking paragraph (4), and redesignating paragraph (5) as paragraph (4); (ii) by redesignating subsection (e) as subsection (f); and (iii) by inserting after subsection (d) the following: ``(e) Chief Financial Officer.--There shall be in the Department a Chief Financial Officer, as provided in chapter 9 of title 31, United States Code.''; and (B) in section 702 (6 U.S.C. 342) by striking ``shall report'' and all that follows through the period and inserting ``shall perform functions as specified in chapter 9 of title 31, United States Code, and, with respect to all such functions and other responsibilities that may be assigned to the Chief Financial Officer from time to time, shall also report to the Under Secretary for Management.''. (2) FEMA.--Section 901(b)(2) of title 31, United States Code, is amended by striking subparagraph (B), and by redesignating subparagraphs (C) through (H) in order as subparagraphs (B) through (G). SEC. 4. FUNCTIONS OF CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY. (a) Performance and Accountability Reports.--Section 3516 of title 31, United States Code, is amended by adding at the end the following: ``(f) The Secretary of Homeland Security-- ``(1) shall for each fiscal year submit a performance and accountability report under subsection (a) that incorporates the program performance report under section 1116 of this title for the Department of Homeland Security; ``(2) shall include in each performance and accountability report an audit opinion of the Department's internal controls over its financial reporting; and ``(3) shall design and implement Department-wide management controls that-- ``(A) reflect the most recent homeland security strategy developed pursuant to section 874(b)(2) of the Homeland Security Act of 2002; and ``(B) permit assessment, by the Congress and by managers within the Department, of the Department's performance in executing such strategy.''. (b) Implementation of Audit Opinion Requirement.--The Secretary of Homeland Security shall include audit opinions in performance and accountability reports under section 3516(f) of title 31, United States Code, as amended by subsection (a), only for fiscal years after fiscal year 2005. (c) Assertion of Internal Controls.--The Secretary of Homeland Security shall include in the performance and accountability report for fiscal year 2005 submitted by the Secretary under section 3516(f) of title 31, United States Code, an assertion of the internal controls that apply to financial reporting by the Department of Homeland Security. (d) Audit Opinions of Internal Controls Over Financial Reporting by Chief Financial Officer Agencies.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Chief Financial Officers Council and the President's Council on Integrity and Efficiency established by Executive Order 12805 of May 11, 1992, shall jointly conduct a study of the potential costs and benefits of requiring the agencies listed in section 901(b) of title 31, United States Code, to obtain audit opinions of their internal controls over their financial reporting. (2) Report.--Upon completion of the study under paragraph (1), the Chief Financial Officers Council and the President's Council on Integrity and Efficiency shall promptly submit a report on the results of the study to the Committee on Government Reform of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Comptroller General of the United States. (3) General accounting office analysis.--Not later than 90 days after receiving the report under paragraph (2), the Comptroller General shall perform an analysis of the information provided in the report and report the findings of the analysis to the committees referred to in paragraph (2). SEC. 5. FUTURE YEARS HOMELAND SECURITY PROGRAM AND HOMELAND SECURITY STRATEGY. Section 874 of the Homeland Security Act of 2002 (6 U.S.C. 112) is amended by striking subsection (b) and inserting the following: ``(b) Contents.--The Future Years Homeland Security Program under subsection (a) shall-- ``(1) include the same type of information, organizational structure, and level of detail as the future years defense program submitted to Congress by the Secretary of Defense under section 221 of title 10, United States Code; ``(2) set forth the homeland security strategy of the Department, which shall be developed and updated as appropriate annually by the Secretary, that was used to develop program planning guidance for the Future Years Homeland Security Program; and ``(3) include an explanation of how the resource allocations included in the Future Years Homeland Security Program correlate to the homeland security strategy set forth under paragraph (2).''. SEC. 6. ESTABLISHMENT OF OFFICE OF PROGRAM ANALYSIS AND EVALUATION. Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342) is amended by-- (1) inserting ``(a) In General.--'' before the first sentence; and (2) adding at the end the following: ``(b) Program Analysis and Evaluation Function.-- ``(1) Establishment of office of program analysis and evaluation.--Not later than 90 days after the date of enactment of this subsection, the Secretary shall establish an Office of Program Analysis and Evaluation within the Department (in this section referred to as the `Office'). ``(2) Responsibilities.--The Office shall perform the following functions: ``(A) Analyze and evaluate plans, programs, and budgets of the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to section 874(b)(2). ``(B) Develop and perform analyses and evaluations of alternative plans, programs, personnel levels, and budget submissions for the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to section 874(b)(2). ``(C) Establish policies for, and oversee the integration of, the planning, programming, and budgeting system of the Department. ``(D) Review and ensure that the Department meets performance-based budget requirements established by the Office of Management and Budget. ``(E) Provide guidance for, and oversee the development of, the Future Years Homeland Security Program of the Department, as specified under section 874. ``(F) Ensure that the costs of Department programs, including classified programs, are presented accurately and completely. ``(G) Oversee the preparation of the annual performance plan for the Department and the program and performance section of the annual report on program performance for the Department, consistent with sections 1115 and 1116, respectively, of title 31, United States Code. ``(H) Provide leadership in developing and promoting improved analytical tools and methods for analyzing homeland security planning and the allocation of resources. ``(I) Any other responsibilities delegated by the Secretary consistent with an effective program analysis and evaluation function. ``(3) Director of program analysis and evaluation.--There shall be a Director of Program Analysis and Evaluation, who-- ``(A) shall be a principal staff assistant to the Chief Financial Officer of the Department for program analysis and evaluation; and ``(B) shall report to an official no lower than the Chief Financial Officer. ``(4) Reorganization.-- ``(A) In general.--The Secretary may allocate or reallocate the functions of the Office, or discontinue the Office, in accordance with section 872(a). ``(B) Exemption from limitations.--Section 872(b) shall not apply to any action by the Secretary under this paragraph.''. SEC. 7. NOTIFICATION REGARDING TRANSFER OR REPROGRAMMING OF FUNDS FOR DEPARTMENT OF HOMELAND SECURITY. Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342) is further amended by adding at the end the following: ``(c) Notification Regarding Transfer or Reprogramming of Funds.-- In any case in which appropriations available to the Department or any officer of the Department are transferred or reprogrammed and notice of such transfer or reprogramming is submitted to the Congress (including any officer, office, or Committee of the Congress), the Chief Financial Officer of the Department shall simultaneously submit such notice to the Select Committee on Homeland Security (or any successor to the jurisdiction of that committee) and the Committee on Government Reform of the House of Representatives, and to the Committee on Governmental Affairs of the Senate.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Department of Homeland Security Financial Accountability Act - (Sec. 3) Amends the Chief Financial Officer Act of 1990 and the Homeland Security Act of 2002 to direct the President to appoint a Chief Financial Officer (CFO) for the Department of Homeland Security (DHS), who is to report directly to the Secretary of DHS and to the Under Secretary for Management. Removes the Federal Emergency Management Agency (FEMA) from the list of agencies required to have a CFO. (Sec. 4) Amends the Reports Consolidation Act of 2000 to instruct the Secretary of DHS to: (1) submit a specified performance and accountability report, including an audit opinion of DHS internal controls over its financial reporting; and (3) design and implement DHS-wide management controls that reflect the national homeland security strategy of the Homeland Security Act of 2002, and that permit assessment by Congress and DHS managers of DHS performance in executing such strategy. Requires performance and accountability reports for fiscal years after 2005 to include an assertion of the internal controls that apply to financial reporting by the DHS. (Sec. 5) Amends the Homeland Security Act of 2002 to require the Future Years Homeland Security Program to: (1) include the same type of information, organizational structure, and level of detail as a certain future years defense program; (2) set forth the homeland security strategy that was used to develop program planning guidance for the Program; and (3) include an explanation of how the resource allocations included in the Program correlate to homeland security strategy. (Sec. 6) Instructs the Secretary to establish an Office of Program Analysis and Evaluation. Creates the position of Director of Program Analysis and Evaluation. (Sec. 7) Requires the CFO of DHS to notify simultaneously specified congressional committees whenever appropriations earmarked for DHS are either transferred or reprogrammed.

To amend title 31, United States Code, to improve the financial accountability requirements applicable to the Department of Homeland Security, to establish requirements for the Future Years Homeland Security Program of the Department, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Pollution Wildlife Protection Act''. SEC. 2. NOTICE OF EXPLORATION AND DEVELOPMENT AND PRODUCTION PLANS. (a) Notice of Exploration Plans.--Section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) is amended by adding at the end the following: ``(i) Public Notice.-- ``(1) The Secretary shall promptly publish notice in the Federal Register of the receipt of any application or plan submitted to the Secretary pursuant to this section, and make electronically available to the public any such applications or plans, except any information that the Secretary determines to be proprietary. ``(2) The Secretary shall promptly publish notice in the Federal Register of the Secretary's decision to approve, deny, or modify any application or plan submitted to the Secretary pursuant to this section.''. (b) Notice of Development and Production Plans.--Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C. 1351) is amended by adding at the end the following: ``(m) Public Notice.-- ``(1) The Secretary shall promptly publish notice in the Federal Register of the receipt of any application or plan submitted to the Secretary pursuant to this section, and make electronically available to the public any such applications or plans, except any information that the Secretary determines to be proprietary. ``(2) The Secretary shall promptly publish notice in the Federal Register of the Secretary's decision to approve, deny, or modify any plan submitted to the Secretary pursuant to this section.''. SEC. 3. APPLICATION OF DEVELOPMENT AND PRODUCTION PLAN REQUIREMENTS IN THE GULF OF MEXICO. Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C. 1351) is amended-- (1) by striking ``other than the Gulf of Mexico,'' each place it appears; and (2) by striking subsection (l). SEC. 4. ENSURING COMPLIANCE WITH OTHER LAWS. (a) Exploration Plans.--Section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) is further amended by adding at the end the following: ``(j) Certification of Compliance With Other Statutes.-- ``(1) In general.--The Secretary shall not approve any exploration plan or significant revision of an exploration plan, or grant any license or permit under this section, unless the Secretary certifies that-- ``(A) such plan, approval, permit, or license is in compliance with the National Environmental Policy Act (42 U.S.C. 4321 et seq.), Endangered Species Act (16 U.S.C. 1531 et seq.), Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1801 et seq.), Clean Water Act (33 U.S.C. 1251 et seq.), Coastal Zone Management Act (16 U.S.C. 1451 et seq.), and any other applicable statutes, regulations, and legal authorities; and ``(B) all permits and other authorizations required under such statutes, regulations, and legal authorities have been issued for activities to be conducted under such plan, approval, permit, or license. ``(2) Prior consultation required.--Prior to making such certification, the Secretary shall consult with any Federal agency that has jurisdiction by law with respect to those Acts, regulations, and authorities.''. (b) Development and Production Plans.--Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C. 1351) is further amended by adding at the end the following: ``(n) Certification of Compliance With Other Statutes.-- ``(1) In general.--The Secretary shall not approve any development and production plan, or a significant revision of a development and production plan, unless the Secretary certifies that-- ``(A) such plan, approval, permit, or license is in compliance with the National Environmental Policy Act (42 U.S.C. 4321 et seq.), Endangered Species Act (16 U.S.C. 1531 et seq.), Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1801 et seq.), Clean Water Act (33 U.S.C. 1251 et seq.), Coastal Zone Management Act (16 U.S.C. 1451 et seq.), and any other applicable law and regulations; and ``(B) all permits and other authorizations required under such statutes, regulations, and legal authorities have been issued for activities to be conducted under such plan, approval, permit, or license. ``(2) Prior consultation required.--Prior to making such certification, the Secretary shall consult with any Federal agency that has jurisdiction by law with respect to those Acts or other applicable law and regulations.''. SEC. 5. CONSULTATION REQUIREMENTS FOR ENDANGERED SPECIES AND FISHERIES. Section 19 of the Outer Continental Shelf Lands Act (43 U.S.C. 1346) is amended-- (1) by striking so much as precedes subsection (a) and inserting the following: ``SEC. 19. CONSULTATION REQUIREMENTS.''; and (2) by adding at the end the following: ``(f) Consultation Requirements for Endangered Species and Fisheries.--The Secretary shall treat the notice of any lease sale, and the approval of any leasing program, exploration plan or permit, development and production plan, or development operation coordination document, or the significant revision of such a program, plan, permit, or document, as an agency action requiring consultation-- ``(1) with the Secretary of Commerce or of the Interior pursuant to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) for any listed species that occur in the proposed area of activity; and ``(2) with the Secretary of Commerce pursuant to section 305(b) of the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1855(b)).''. SEC. 6. CUMULATIVE IMPACTS ON MARINE MAMMAL SPECIES AND STOCKS AND SUBSISTENCE USE. Section 20 of the Outer Continental Shelf Lands Act (43 U.S.C. 1346) is amended by adding at the end the following: ``(g) Cumulative Impacts on Marine Mammal Species and Stocks and Subsistence Use.--In determining, pursuant to subparagraphs (A)(i) and (D)(i) of section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(5)), whether takings from specified activities administered under this title will have a negligible impact on a marine mammal species or stock, and not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses, the Secretary of Commerce or Interior shall incorporate any takings of such species or stock from any other reasonably foreseeable activities administered under this Act.''. SEC. 7. CITIZEN SUITS. (a) Additional Authority To Bring Action Under Other Statutes.-- Section 23 of the Outer Continental Shelf Lands Act (43 U.S.C. 1349) is amended by adding at the end the following: ``(d) Additional Authority To Bring Action Under Other Statutes.-- ``(1) Authority.--In addition to remedies available under other laws, any person may commence a civil action on the person's own behalf, against the United States and any other subject instrumentality or agency that is alleged to have approved a leasing program, lease sale, exploration plan or permit, or development and production plan, under section 18, 8, 10, or 25, respectively-- ``(A) without having prepared an environmental impact statement or environmental assessment pursuant to section 102(2)(C) of the National Environmental Policy Act 1969 (42 U.S.C. 4332), consulted with the Secretary of Commerce or Secretary of the Interior pursuant to section 7 of the Endangered Species Act 1973 (16 U.S.C. 1536), or consulted with the Secretary of Commerce pursuant to section 305 of the Magnuson- Stevens Fisheries Conservation and Management Act (16 U.S.C. 1855); or ``(B) without having complied with any other provision of such statutes, the provisions of Act this related to such statutes, or any regulation implementing or issued under their authority of such statutes. ``(2) Marine mammal protection act of 1972.-- ``(A) In general.--In addition to remedies available under other laws, any person may commence a civil action on the person's own behalf to enjoin any person who is alleged-- ``(i) to have failed to obtain proper authorization, pursuant to subparagraphs (A) and (D) of section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(5)), prior to commencing an activity that may take a marine mammal in exploration, development, or production activities administered under this Act; or ``(ii) to be in violation of any other provision of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), or any regulation issued under the authority thereof, with respect to exploration, development, or production activities administered under this Act. ``(B) Intervention; award of costs.--In any action under this paragraph-- ``(i) the Attorney General, at the request of the Secretary or of the Secretary of Commerce, may intervene on behalf of the United States as a matter of right; and ``(ii) the court, in issuing any final order, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.''. (b) Time To Bring Action.--Section 23(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1349(a)) is amended-- (1) in paragraph (2)(A)-- (A) by striking ``sixty days after the plaintiff has given'' and inserting ``the plaintiff giving''; and (B) by striking ``under oath''; and (2) by striking paragraph (3) and redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively. (c) Review of Approval of Leasing Program and Approval, Modification, or Disapproval of Plans.--Section 23(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 1349(c))-- (1) in paragraph (1), by inserting after ``District of Columbia'' the following: ``or in a United States court of appeals for a circuit in which an affected State is located''; (2) in paragraph (3)-- (A) by striking ``paragraphs (1) and (2)'' and inserting ``paragraph (1)''; and (B) by striking ``sixty'' and inserting ``90''; (3) in paragraph (5), by striking ``involved'' and inserting ``specified in paragraph (1)''; and (4) in paragraph (6), by striking the sentence beginning ``The findings of the Secretary''. (d) Nonrestriction Clause.--Nothing in this section shall restrict any right that any person (or class of persons) may have under any other statute or under common law to seek enforcement of such statute or to seek any other relief (including relief against the Secretary or other persons).

Oil Pollution Wildlife Protection Act - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of Energy (DOE) to publish in the Federal Register and make electronically available to the public the Secretary's decision to approve, deny, or modify any geological and geophysical exploration, development, or production plans. Repeals the exemption of the Gulf of Mexico from oil and gas development and production requirements for the outer Continental Shelf (OCS). Prohibits the Secretary from approving any geological and geophysical exploration, development, or production plan, or any significant plan revision, or from granting any license or permit unless the Secretary certifies that: (1) such plan is in compliance with specified statutes, regulations, and legal authorities; and (2) all requisite authorizations have been issued for activities to be conducted under the plan. Requires the Secretary to consult with the Secretaries of Commerce or of the Interior regarding any endangered species or fisheries that occur in the proposed area of activity. Requires the Secretaries of Commerce or of the Interior to incorporate in environmental studies of areas or regions included in an oil and gas lease sale or other lease any takings of marine mammal species or stock from any other reasonably foreseeable activities when determining whether takings from specified OCSLA activities will have a negligible impact on a marine mammal species or stock, and not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses. Permits citizen suits against the United States and any other subject instrumentality or agency that is alleged to have approved a leasing program, lease sale, exploration plan or permit, or development and production plan, without having prepared an environmental impact statement or environmental assessment, or without having complied with other related requirements. Authorizes a person to commence a civil action on the person's own behalf to enjoin any person alleged to have failed to obtain proper authorization pursuant to the Marine Mammal Protection Act of 1972.

To amend the Outer Continental Shelf Lands Act with regard to oversight and judicial review in connection with offshore oil production and exploration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in America's Small Businesses Act of 2017''. SEC. 2. FINDINGS. The Congress finds the following: (1) Small businesses in underserved areas have for generations been unable to access affordable credit. (2) A 2013 report commissioned by the U.S. Small Business Administration shows the major constraint limiting the growth, expansion, and wealth creation of small firms--especially women- and minority-owned businesses--is inadequate capital. (3) Small businesses revitalize communities by creating jobs, and also contribute to the local tax base, which helps finance investments in schools, hospitals, infrastructure, and public safety. (4) A 2015 report from the Carsey School of Public Policy at the University of New Hampshire found that 79 percent of CDFI loan volume went to borrowers from underserved populations. (5) During the financial crisis, CDFI loan funds expanded their activity to meet increased demand from borrowers that could not access traditional lending. From 2006 to 2009, the median fund deployment ratio grew 3.1 percent annually. (6) After Superstorm Sandy, CDFIs launched disaster recovery loan programs and reached out to affected businesses and organizations to provide credit to help grocery stores and social service organizations re-open to help communities in need. (7) A 2014 report by the Dardin School of Business at the University of Virginia found that despite serving predominately low-income markets, CDFI banks and credit unions had virtually the same level of performance as mainstream financial institutions. SEC. 3. GRANTS TO ESTABLISH LOAN-LOSS RESERVE FUNDS FOR SMALL BUSINESS LENDING. (a) In General.--The Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the following: ``SEC. 123. GRANTS TO ESTABLISH LOAN-LOSS RESERVE FUNDS FOR SMALL BUSINESS LENDING. ``(a) Purposes.--The purposes of this section are-- ``(1) to make financial assistance available from the Fund in order to help community development financial institutions defray the costs of operating small business loan programs, by providing the amounts necessary for such institutions to establish their own loan loss reserve funds to mitigate some of the losses on such small business loan programs; ``(2) to encourage community development financial institutions to establish and maintain small business loan programs that would help provide borrowers access to mainstream financial institutions and combat high cost small business lending; and ``(3) to encourage community development financial institutions to expand the development services they offer and to serve new investment areas and new targeted populations. ``(b) Grants.-- ``(1) Loan-loss reserve fund grants.-- ``(A) In general.--The Fund shall make grants to community development financial institutions to enable such institutions to establish a loan-loss reserve fund in order to defray the costs of a small business loan program established or maintained by such institution. ``(B) Application.--A community development financial institution that wishes to receive a grant under this paragraph shall submit an application to the Administrator in such form and manner and containing such information as the Administrator may require. ``(C) Matching requirement.--A community development financial institution shall provide non- Federal matching funds in an amount equal to 50 percent of the amount of any grant received under this paragraph. ``(D) Use of funds.--Any grant amounts received by a community development financial institution under this paragraph-- ``(i) may not be used by such institution to provide direct loans to small businesses; ``(ii) may be used by such institution to help recapture a portion or all of a defaulted loan made under the small business loan program of such institution on or after the date of the enactment of this section; and ``(iii) may be used to designate and utilize a fiscal agent for services normally provided by such an agent. ``(2) Technical assistance grants.-- ``(A) In general.--The Fund shall make technical assistance grants to community development financial institutions to create, support, or maintain a small business loan program. Any grant amounts received under this paragraph may be used for-- ``(i) technology, staff support, staff capacity building, and other costs associated with establishing, supporting, or maintaining a small business loan program; and ``(ii) establishing, supporting, or maintaining technical assistance programs for borrowers. ``(B) Application.--A community development financial institution that wishes to receive a grant under this paragraph shall submit an application to the Administrator in such form and manner and containing such information as the Administrator may require. ``(c) Reports.--For each fiscal year for which grants are made under this section, the Administrator shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing a description of the activities funded and amounts distributed under this section for such fiscal year, as well as measurable results of such actions. ``(d) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Fund $25,000,000 for each of fiscal years 2018 to 2023 to carry out this section. ``(2) Administrative costs.--There are authorized to be appropriated to the Fund $2,000,000 for each of fiscal years 2018 to 2023 for the administrative costs of carrying out this section. ``(e) Definitions.--For purposes of this section: ``(1) Small business.--The term `small business' has the meaning given the term `small business concern' under section 3(a) of the Small Business Act (15 U.S.C. 632(a)). ``(2) Small business loan program.--The term `small business loan program' means a loan program wherein a community development financial institution offers loans to small businesses that-- ``(A) are made in amounts not exceeding $50,000; ``(B) have no pre-payment penalty; and ``(C) meet any other affordability requirements as may be established by the Administrator.''. (b) Conforming Amendment.--The table of contents for the Riegle Community Development and Regulatory Improvement Act of 1994 is amended by inserting after the item relating to section 121 the following: ``Sec. 122. Grants to establish loan-loss reserve funds. ``Sec. 123. Grants to establish loan-loss reserve funds for small business lending.''.

Investing in America's Small Businesses Act of 2017 This bill amends the Community Development Banking and Financial Institutions Act of 1994 to require the Community Development Financial Institutions Fund to make grants to community development financial institutions for: (1) the establishment of loan-loss reserve funds to defray the costs of small business lending, and (2) related technical assistance. A community development financial institution must provide nonfederal matching funds equal to 50% of the amount of any grant received. A grantee may not use grant funds to make direct loans to small businesses.

Investing in America’s Small Businesses Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``FBI Reform Commission Act of 2001''. SEC. 2. CREATION OF THE FBI REVIEW COMMISSION. (a) Establishment.--There is established the FBI Review Commission (in this Act referred to as the ``Commission''). (b) Mission Statement.-- (1) In general.--The mission of the Commission shall be to conduct a thorough, independent, and comprehensive examination of the Federal Bureau of Investigation (in this Act referred to as the ``FBI''). (2) Focus.--The Commission shall focus its examination on-- (A) systemic and structural aspects of the FBI; (B) the FBI's relationship with other law enforcement entities; and (C) recommendations for improving the performance of the FBI. (c) Membership and Administrative Provisions.-- (1) Number and appointment.--The Commission shall be composed of 12 members of whom-- (A) 2 members shall be appointed by the Majority Leader of the Senate; (B) 2 members shall be appointed by the Minority Leader of the Senate; (C) 2 members shall be appointed by the Speaker of the House of Representatives; (D) 2 members shall be appointed by the Minority Leader of the House of Representatives; and (E) 4 members shall be appointed by the President, including 1 who shall serve as the Chair of the Commission. (2) Qualifications.--Members of the Commission shall be-- (A) chosen on the basis of expertise in law enforcement and management, integrity, impartiality, and good judgment; and (B) individuals who are not, at the time appointed to the Commission, elected or appointed officers or employees of the Federal Government. (3) Balance.--The Commission shall reflect, to the maximum extent possible, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission under subsection (d)(1). (4) Terms of appointment.-- (A) Date.--Members of the Commission shall be appointed not later than 30 days after the date of enactment of this Act. (B) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (C) Vacancies.--A vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original member was appointed. (5) Meetings.-- (A) In general.--The Commission shall meet at the call of the Chair. (B) Initial meeting.--Not later than 30 days after the date on which all of the members of the Commission have been appointed, the Commission shall hold its first meeting. (C) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold meetings. (d) Duties.-- (1) Study.--The Commission shall complete a thorough study and review of-- (A) the methods used by the FBI to store and securely maintain information, including-- (i) any methods of securing information from theft and inadvertent release; (ii) the efficacy of information systems used to gather and maintain information; and (iii) any practices and procedures governing the classification and declassification of information; (B) the manner in which the FBI trains and monitors personnel, including-- (i) any methods of ensuring compliance with relevant laws, regulations, and FBI procedures; (ii) any methods of holding FBI agents accountable for wrongdoing; (iii) the treatment of FBI agents and employees who report wrongdoing in the FBI; (iv) any training and monitoring regarding the handling of information; and (v) any training and monitoring regarding the use of deadly force; (C) the manner in which the FBI initiates, organizes, coordinates, and conducts investigations; (D) the allocation of the FBI's resources and the manner in which resource allocation decisions are made and reviewed; (E) the FBI's interaction with State and other Federal law enforcement agencies; (F) the efficacy of external and internal FBI oversight mechanisms; (G) the advisability of altering the FBI's current structure and organization; and (H) such other matters as the Commission determines appropriate. (2) Recommendations.--After completing the study under paragraph (1), the Commission shall develop recommendations regarding each matter studied, including recommendations-- (A) of any actions Congress should take to address the Commission's findings; (B) of any actions the FBI should take to address the Commission's findings; and (C) for further study, examination, or action by Congress, the FBI, or any other relevant entity. (3) Advice, assistance, and testimony.--To carry out the study under paragraph (1) and to develop the recommendations under paragraph (2), the Commission shall solicit advice, assistance, and experts in the areas of-- (A) information security; (B) business management and organization; (C) Federal law enforcement agencies; (D) State and local law enforcement; (E) foreign and domestic intelligence; and (F) any other areas determined relevant by the Commission. (4) Report.-- (A) Final report.-- (i) In general.--Not later than 9 months after the date on which all of the members of the Commission have been appointed, the Commission shall submit a final report to Congress, the FBI, and the Attorney General. (ii) Contents.--The report under clause (i) shall contain-- (I) a detailed statement of the findings and conclusions of the Commission regarding the matters studied under paragraph (1); (II) a detailed statement of the recommendations developed under paragraph (2); and (III) any dissenting or minority opinions of the members of the Commission. (B) Interim reports.-- (i) In general.--The Commission may determine whether any matter to be studied under paragraph (1) or any recommendation developed under paragraph (2), shall be the subject of an interim report to be submitted before the submission of the final report required under subparagraph (A). (ii) Submission of interim reports.--Any interim reports prepared under clause (i) shall be submitted to-- (I) Congress; (II) the FBI; (III) the Attorney General; and (IV) any other individual or organization determined relevant by the Commission. (C) Accessibility.-- (i) In general.--Both the final report required under subparagraph (A) and any interim reports prepared under subparagraph (B), shall be accessible to members of the general public and to government officials to the greatest extent possible without compromising national security, the health or safety of an individual, or the integrity of an ongoing investigation. (ii) Confidentiality.--The Commission may designate portions of any report prepared under this paragraph confidential to ensure national security, the health or safety of an individual, or the integrity of an ongoing investigation. (e) Powers of the Commission.-- (1) Hearings.-- (A) In general.--The Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate to carry out this Act. (B) Oaths and affirmations.--The Commission may administer oaths or affirmations to witnesses appearing before it. (C) Rules and procedures.--The Commission may establish rules and procedures governing its proceedings as consistent with this Act. (D) Accessibility.-- (i) In general.--Any hearing held by the Commission shall be open to the public. (ii) Closed hearings.--The Commission may decide to close to the public any hearing when necessary to protect national security, the health and safety of an individual, or the integrity of an ongoing investigation. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action this Act authorizes the Commission to take. (3) Information from federal agencies.-- (A) In general.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. (B) Furnishing information.--Upon request of the Chair of the Commission, the head of that department or agency shall furnish the information under subparagraph (A) to the Commission, unless so doing would threaten national security, the health or safety of an individual, or the integrity of an ongoing investigation. (f) Commission Personnel Matters.-- (1) Compensation of members.--Each member of the Commission 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. (2) 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. (3) Administrative support services.--Upon request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (4) Staff.-- (A) In general.--The Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Commission may fix the compensation of the executive director and other personnel without regard to chapter 51, and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (5) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (6) Procurement of temporary and intermittent services.-- The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. (g) Termination.--The Commission shall terminate 30 days after submitting the final report required under subsection (d)(4)(A). (h) Authorization of Appropriations.-- (1) Authorization.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. (2) Appropriated funds to remain available.--Any funds appropriated to carry out this Act shall remain available, without fiscal year limitation, until expended.

FBI Reform Commission Act of 2001 - Establishes the FBI Review Commission to: (1) examine the systemic and structural aspects of the Federal Bureau of Investigation (FBI), as well as the FBI's relationship with other law enforcement entities; (2) make recommendations for improving the FBI's performance and (3) undertake related reviews and studies.

A bill to establish a commission to review the Federal Bureau of Investigation.

SECTION 1. LIMITATION IN COST-OF-LIVING ADJUSTMENTS FOR CERTAIN RETIREMENT SYSTEMS. (a) Social Security.-- (1) Reduction in increases applied to higher primary insurance amounts.--Section 215(i)(2)(A) of the Social Security Act (42 U.S.C. 415(i)(2)(A)) is amended-- (A) by redesignating clause (iii) as clause (vii); and (B) in clause (ii), by striking ``The increase shall'' in the matter following subclause (III) and all that follows through ``Any increase'' and inserting the following: ``(iii) With respect to the amounts described in subclauses (I) and (III) of clause (ii), the increase shall be derived by multiplying each of such amounts (including each of those amounts as previously increased under this subparagraph) by the applicable increase percentage. ``(iv) With respect to primary insurance amounts described in subclause (II) of clause (ii), the increase shall be derived by-- ``(I) multiplying each of such amounts (including each such amount as previously increased under this subparagraph) by the applicable increase percentage, ``(II) determining among all such amounts as increased under subclause (I) the primary insurance amount which is at the 30th percentile of such amounts, and ``(III) reducing each primary insurance amount as increased under subclause (I) to the sum of such amount determined as if there had been no reduction in such amount under this subclause in any preceding year and the amount of the increase under subclause (I) in the primary insurance amount described in subclause (II). ``(v) Any amount increased under clause (iii) or clause (iv) which is not a multiple of $0.10 shall be decreased to the next lower multiple of $0.10. ``(vi) Any increase''. (2) Conforming amendment.--The last sentence of section 215(a)(4) of such Act (42 U.S.C. 415(a)(4)) is amended, in subclause (I), by striking ``clause (iii) of subsection (i)(2)(A)'' and inserting ``clause (vii) of subsection (i)(2)(A)''. (3) Conforming amendments to maintain current levels of cost-of-living adjustment under other programs.-- (A) Supplemental security income for the aged, blind, and disabled.--Section 1617(a)(2) of the Social Security Act (42 U.S.C. 1382f(a)(2)) is amended by striking ``by the same percentage'' and all that follows through ``percentage,'' and inserting the following: ``by the applicable increase percentage (within the meaning of section 215(i)(1)(C)) used in determining the amount by which benefit amounts under title II are increased for such month''. (B) Supplementary medical insurance.--Section 1839(a)(3)(B) of such Act (42 U.S.C. 1395r(a)(3)(B)) is amended by striking ``by a percentage'' and all that follows through ``November 1'' and inserting the following: ``by the applicable increase percentage (within the meaning of section 215(i)(1)(C)) used in determining the amount by which benefit amounts under title II are increased for the month of December preceding the year of the promulgation''. (C) Certain veteran's benefits.--Section 3112 of title 38, United States Code, is amended-- (i) in subsection (a), by striking ``by the same percentage by which such benefit amounts are increased'' and inserting ``by the applicable increase percentage (within the meaning of section 215(i)(1)(C) of such Act) used in determining the amount by which such benefit amounts are increased''; and (ii) in subsection (b)(1), by striking ``by the same percentage as the percentage by which such benefit amounts are increased'' and inserting ``by the applicable increase percentage (within the meaning of section 215(i)(1)(C) of such Act) used in determining the amount by which such benefit amounts are increased''. (D) Cost-of-living adjustments to limitations on benefits and contributions under qualified plans.-- Subsection (d) of section 415 of the Internal Revenue Code of 1986 (relating to cost-of-living adjustments) is amended by striking ``section 215(i)(2)(A)'' and inserting ``section 215(i)(2)(A)(iii)''. (4) Amendment to prior applicable law.--Section 215(i)(4) of the Social Security Act (42 U.S.C. 415(i)(4)) is amended by adding at the end the following new sentence: ``The Secretary shall provide by regulation for the continued application of this subsection as in effect in December 1978 as provided by the preceding provisions of this paragraph and the amendments referred to therein. Such regulations shall provide for the application of the amendments to the preceding provisions of this subsection made by section 2 of the COLA Limitation Act of 1995 so as to have the same effect on the corresponding provisions of this subsection as in effect in December 1978 and applicable in accordance with this paragraph.''. (b) Civil Service Retirement System.--Section 8340 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(h)(1) An annuity shall not be increased by reason of any adjustment under this section by an amount which exceeds the lesser of-- ``(A) the amount that would apply if not for the provisions of this subsection; or ``(B) the amount determined under paragraph (2)(B). ``(2) With respect to the amount described under paragraph (1)(B), the increase under this section shall be derived by-- ``(A) multiplying the amount of each annuity to which this section applies by the applicable percentage increase under subsection (b); and ``(B) determining among all such amounts as increased under subparagraph (A) the annuity increase amount which is at the 30th percentile of all such amounts. ``(3) Any amount determined under paragraph (2)(B) which is not a multiple of $0.10 shall be decreased to the next lower multiple of $0.10.''. (c) Federal Employees Retirement System.--Section 8462 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(f)(1) An annuity shall not be increased by reason of any adjustment under this section by an amount which exceeds the lesser of-- ``(A) the amount that would apply if not for the provisions of this subsection; or ``(B) the amount determined under paragraph (2)(B). ``(2) With respect to the amount described under paragraph (1)(B), the increase under this section shall be derived by-- ``(A) multiplying the amount of each annuity to which this section applies by the applicable percentage increase under subsection (b); and ``(B) determining among all such amounts as increased under subparagraph (A) the annuity increase amount which is at the 30th percentile of all such amounts. ``(3) Any amount determined under paragraph (2)(B) which is not a multiple of $0.10 shall be decreased to the next lower multiple of $0.10.''. (d) Retired and Former Members of the Armed Forces.-- (1) In general.--Section 1401a(b) of title 10, United States Code, is amended-- (A) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting ``paragraphs (2), (3), and (5)''; (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following new paragraph: ``(5) Overall limitation.-- ``(A) In general.--With respect to the retired pay of a member or former member who is entitled to an adjustment under paragraph (2) or (3), the retired pay shall not be increased by reason of any adjustment under such paragraph by an amount which exceeds the lesser of-- ``(i) the amount that would apply if not for the provisions of this paragraph; or ``(ii) the amount determined under subparagraph (B)(ii). ``(B) Amount for certain percentile.--With respect to the amount described under subparagraph (A)(ii), the increase under paragraph (2) or (3) shall be derived by-- ``(i) multiplying the amount of each retired pay amount to which such paragraph applies by the applicable percentage increase under such paragraph; and ``(ii) determining among all such amounts as increased under clause (i) the retired pay increase amount which is at the 30th percentile of all such amounts.''. (2) Conforming amendments.-- (A) Section 1410(1) of such title is amended by striking ``section);'' and inserting ``section), subject to paragraph (5) of that section;''. (B) Section 1434(e) of such title is amended by striking ``increase.'' and inserting ``increase, subject to the limitation described in section 1401a(b)(5) as applied to annuity amounts under this subsection.''. (C) Section 1451(g)(1) of such title is amended by striking ``pay).'' and inserting ``pay), subject to the limitation described in section 1401a(b)(5) as applied to annuity amounts under this subsection.''. (D) Section 1451(h)(1) of such title is amended by striking ``increased.'' and inserting ``increased, subject to the limitation described in section 1401a(b)(5) as applied to base amounts under this subsection.''. (E) Section 1457(d)(1) of such title is amended by striking ``Plan.'' and inserting ``Plan, subject to the limitation described in section 1401a(b)(5) as applied to annuity amounts under this subsection.''. (e) Effective Date.--The amendments made by this section shall apply with respect to adjustments effective with months after the date of the enactment of this Act.

Amends the Social Security Act (SSA) and other Federal law to provide for reduction in cost-of-living adjustments (COLAs) applied to: (1) higher primary insurance amounts under SSA title II (Old Age, Survivors and Disability Insurance) (OASDI), tying OASDI COLA determinations based on applicable increase percentages to similar determinations under other specified Federal benefit programs, including the Supplemental Security Income program under SSA title XVI; and (2) annuities under the civil service and other specified retirement systems for Federal employees and members of the armed forces.

A bill to provide for limitations on certain retirement cost-of-living adjustments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Fraud Prevention Act of 2009''. SEC. 2. SCHEMES TO DEFRAUD ALIENS. (a) Amendments to Title 18.-- (1) In general.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 1041. Schemes to defraud aliens ``(a) In General.--Any person who willfully and knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender willfully and knowingly claims or represents is authorized by or arises under Federal immigration laws, to-- ``(1) defraud any person; or ``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, promises, shall be fined under this title, imprisoned not more than 5 years, or both. ``(b) Misrepresentation.--Any person who willfully, knowingly, and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations or any successor regulation to such section) in any matter arising under Federal immigration laws shall be fined under this title, imprisoned not more than 5 years, or both.''. (2) Clerical amendment.--The table of sections for chapter 47 of title 18, United States Code, is amended by adding after the item related to section 1040 the following: ``1041. Schemes to defraud aliens.''. (b) Investigation of Schemes To Defraud Aliens.--The Attorney General and the Secretary of Homeland Security shall use the Executive Office of Immigration Review to detect and investigate individuals who are in violation of section 1041 of title 18, United States Code, as added by subsection (a)(1). SEC. 3. NOTICE AND OUTREACH. (a) Notice to Aliens in Immigration Proceedings.-- (1) In general.--Subparagraph (E) of section 239(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1229(a)(1)) is amended to read as follows: ``(E)(i) The alien may be represented by counsel and the alien will be provided-- ``(I) a period of time to secure counsel under subsection (b)(1); and ``(II) a current list of counsel prepared under subsection (b)(2). ``(ii) A description of who may represent the alien in the proceedings, including a notice that immigration consultants, visa consultants, and other unauthorized individuals may not provide that representation.''. (2) List of disciplined practitioners.--Subsection (b) of section 239 of the Immigration and Nationality Act (8 U.S.C. 1229) is amended-- (A) by redesignating paragraph (3) as paragraph (6); and (B) by inserting after paragraph (2) the following new paragraphs: ``(3) List of disciplined practitioners.--The Attorney General shall provide for lists (updated no less often than quarterly) of persons who are prohibited for providing representation in immigration proceedings. ``(4) Foreign language materials.--The materials required to be provided to an alien under this subsection shall be provided in appropriate languages, including English and Spanish. ``(5) Oral notification.--At the earliest possible opportunity, an immigration judge shall orally advise an alien in a removal proceeding of the information described in paragraphs (2) and (3).''. (b) Outreach to Immigrant Communities.-- (1) Authority to conduct.--The Attorney General, through the Director of the Executive Office for Immigration Review, and the Secretary of Homeland Security shall carry out a program to educate aliens regarding who may provide legal services and representation to aliens in immigration proceedings through cost-effective outreach to immigrant communities. (2) Purpose.--The purpose of the program authorized under paragraph (1) is to prevent aliens from being subjected to fraud by immigration consultants, visa consultants, and other individuals who are not authorized to provide legal services or representation to aliens. (3) Availability.--The Attorney General and the Secretary of Homeland Security shall make information regarding fraud by immigration consultants, visa consultants, and other individuals who are not authorized to provide legal services or representation to aliens available-- (A) at appropriate offices that provide services or information to aliens; and (B) through Internet websites that are-- (i) maintained by the Attorney General or the Secretary; and (ii) intended to provide information regarding immigration matters to aliens. (4) Foreign language materials.--Any educational materials used to carry out the program authorized under paragraph (1) shall be made available to immigrant communities in appropriate languages, including English and Spanish.

Immigration Fraud Prevention Act of 2009 - Amends the federal criminal code to subject a person to fine, imprisonment, or both, who: (1) willfully and knowingly executes a scheme in connection with any federal immigration law-related matter to defraud a person, or to obtain money or anything else of value from a person by means of false or fraudulent pretenses, representations, or promises; or (2) willfully, knowingly, and falsely represents that such person is an attorney or an accredited representative in any federal immigration law-related matter. Directs the Attorney General and the Secretary of Homeland Security to: (1) use the Executive Office of Immigration Review to investigate such immigration fraud crimes; and (2) educate immigrant communities about who may provide legal services and representation in immigration proceedings. Amends the Immigration and Nationality Act to require that: (1) aliens in removal proceedings be provided with a description of who may represent them, including notice that immigration consultants, visa consultants, and other unauthorized individuals may not provide such representation; and (2) the Attorney General provide for lists of persons who are prohibited from providing representation in immigration proceedings.

To amend title 18, United States Code, to provide penalties for individuals who engage in schemes to defraud aliens and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurse Training and Retention Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) America's healthcare system depends on an adequate supply of trained nurses to deliver quality patient care. (2) Over the next 15 years, this shortage is expected to grow significantly. The Health Resources and Services Administration has projected that by 2020, there will be a shortage of nurses in every State and that overall only 64 percent of the demand for nurses will be satisfied, with a shortage of 1,016,900 nurses nationally. (3) To avert such a shortage, today's network of healthcare workers should have access to education and support from their employers to participate in educational and training opportunities. (4) With the appropriate education and support, incumbent healthcare workers and incumbent bedside nurses are untapped sources which can meet these needs and address the nursing shortage and provide quality care as the American population ages. SEC. 3. ESTABLISHMENT OF GRANT PROGRAM. (a) Purposes.--It is the purpose of this section to authorize grants to-- (1) address the projected shortage of nurses by funding comprehensive programs to create a career ladder to nursing (including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses) for incumbent ancillary healthcare workers; (2) increase the capacity for educating nurses by increasing both nurse faculty and clinical opportunities through collaborative programs between staff nurse organizations, healthcare providers, and accredited schools of nursing; and (3) provide training programs through education and training organizations jointly administered by healthcare providers and healthcare labor organizations or other organizations representing staff nurses and frontline healthcare workers, working in collaboration with accredited schools of nursing and academic institutions. (b) Grants.--Not later than 6 months after the date of enactment of this Act, the Secretary of Labor (referred to in this section as the ``Secretary'') shall establish a partnership grant program to award grants to eligible entities to carry out comprehensive programs to provide education to nurses and create a pipeline to nursing for incumbent ancillary healthcare workers who wish to advance their careers, and to otherwise carry out the purposes of this section. (c) Eligible Entities.--To be eligible to receive a grant under this section an entity shall-- (1) be-- (A) a healthcare entity that is jointly administered by a healthcare employer and a labor union representing the healthcare employees of the employer and that carries out activities using labor management training funds as provided for under section 302 of the Labor-Management Relations Act, 1947 (18 U.S.C. 186(c)(6)); (B) an entity that operates a training program that is jointly administered by-- (i) one or more healthcare providers or facilities, or a trade association of healthcare providers; and (ii) one or more organizations which represent the interests of direct care healthcare workers or staff nurses and in which the direct care healthcare workers or staff nurses have direct input as to the leadership of the organization; or (C) a State training partnership program that consists of non-profit organizations that include equal participation from industry, including public or private employers, and labor organizations including joint labor-management training programs, and which may include representatives from local governments, worker investment agency one-stop career centers, community based organizations, community colleges, and accredited schools of nursing; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Additional Requirements for Healthcare Employer Described in Subsection (c).--To be eligible for a grant under this section, a healthcare employer described in subsection (c) shall demonstrate-- (1) an established program within their facility to encourage the retention of existing nurses; (2) it provides wages and benefits to its nurses that are competitive for its market or that have been collectively bargained with a labor organization; and (3) support for programs funded under this section through 1 or more of the following: (A) The provision of paid leave time and continued health coverage to incumbent healthcare workers to allow their participation in nursing career ladder programs, including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses. (B) Contributions to a joint labor-management training fund which administers the program involved. (C) The provision of paid release time, incentive compensation, or continued health coverage to staff nurses who desire to work full- or part-time in a faculty position. (D) The provision of paid release time for staff nurses to enable them to obtain a Bachelor of Science in Nursing degree, other advanced nursing degrees, specialty training, or certification program. (E) The payment of tuition assistance which is managed by a joint labor-management training fund or other jointly administered program. (e) Other Requirements.-- (1) Matching requirement.-- (A) In general.--The Secretary may not make a grant under this section unless the applicant involved agrees, with respect to the costs to be incurred by the applicant in carrying out the program under the grant, to make available non-Federal contributions (in cash or in kind under subparagraph (B)) toward such costs in an amount equal to not less than $1 for each $1 of Federal funds provided in the grant. Such contributions may be made directly or through donations from public or private entities, or may be provided through the cash equivalent of paid release time provided to incumbent worker students. (B) Determination of amount of non-federal contribution.--Non-Federal contributions required in subparagraph (A) may be in cash or in kind (including paid release time), fairly evaluated, including equipment or services (and excluding indirect or overhead costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non- Federal contributions. (2) Required collaboration.--Entities carrying out or overseeing programs carried out with assistance provided under this section shall demonstrate collaboration with accredited schools of nursing which may include community colleges and other academic institutions providing Associate, Bachelor's, or advanced nursing degree programs or specialty training or certification programs. (f) Activities.--Amounts awarded to an entity under a grant under this section shall be used for the following: (1) To carry out programs that provide education and training to establish nursing career ladders to educate incumbent healthcare workers to become nurses (including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses). Such programs shall include one or more of the following: (A) Preparing incumbent workers to return to the classroom through English as a second language education, GED education, pre-college counseling, college preparation classes, and support with entry level college classes that are a prerequisite to nursing. (B) Providing tuition assistance with preference for dedicated cohort classes in community colleges, universities, accredited schools of nursing with supportive services including tutoring and counseling. (C) Providing assistance in preparing for and meeting all nursing licensure tests and requirements. (D) Carrying out orientation and mentorship programs that assist newly graduated nurses in adjusting to working at the bedside to ensure their retention post graduation, and ongoing programs to support nurse retention. (E) Providing stipends for release time and continued healthcare coverage to enable incumbent healthcare workers to participate in these programs. (2) To carry out programs that assist nurses in obtaining advanced degrees and completing specialty training or certification programs and to establish incentives for nurses to assume nurse faculty positions on a part-time or full-time basis. Such programs shall include one or more of the following: (A) Increasing the pool of nurses with advanced degrees who are interested in teaching by funding programs that enable incumbent nurses to return to school. (B) Establishing incentives for advanced degree bedside nurses who wish to teach in nursing programs so they can obtain a leave from their bedside position to assume a full- or part-time position as adjunct or full-time faculty without the loss of salary or benefits. (C) Collaboration with accredited schools of nursing which may include community colleges and other academic institutions providing Associate, Bachelor's, or advanced nursing degree programs, or specialty training or certification programs, for nurses to carry out innovative nursing programs which meet the needs of bedside nursing and healthcare providers. (g) Preference.--In awarding grants under this section the Secretary shall give preference to programs that-- (1) provide for improving nurse retention; (2) provide for improving the diversity of the new nurse graduates to reflect changes in the demographics of the patient population; (3) provide for improving the quality of nursing education to improve patient care and safety; (4) have demonstrated success in upgrading incumbent healthcare workers to become nurses or which have established effective programs or pilots to increase nurse faculty; or (5) are modeled after or affiliated with such programs described in paragraph (4). (h) Evaluation.-- (1) Program evaluations.--An entity that receives a grant under this section shall annually evaluate, and submit to the Secretary a report on, the activities carried out under the grant and the outcomes of such activities. Such outcomes may include-- (A) an increased number of incumbent workers entering an accredited school of nursing and in the pipeline for nursing programs; (B) an increasing number of graduating nurses and improved nurse graduation and licensure rates; (C) improved nurse retention; (D) an increase in the number of staff nurses at the healthcare facility involved; (E) an increase in the number of nurses with advanced degrees in nursing; (F) an increase in the number of nurse faculty; (G) improved measures of patient quality (which may include staffing ratios of nurses, patient satisfaction rates, patient safety measures); and (H) an increase in the diversity of new nurse graduates relative to the patient population. (2) General report.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary of Labor shall, using data and information from the reports received under paragraph (1), submit to Congress a report concerning the overall effectiveness of the grant program carried out under this section. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary.

Nurse Training and Retention Act of 2009 - Directs the Secretary of Labor to establish a partnership grant program to award matching grants to eligible entities to carry out comprehensive programs to provide education to nurses and create a pipeline to nursing for incumbent ancillary health care workers who wish to advance their careers.

To fund comprehensive programs to ensure an adequate supply of nurses.

SECTION 1. FINDINGS AND PURPOSES. (a) Findings._The Congress finds that_ (1) the Maurice River and its tributaries, Menantico Creek, the Manumuskin River, and Muskee Creek, are eligible for inclusion into the National Wild and Scenic Rivers System, the segments and their classifications being as follows_ (A) the Maurice River, lower segment, from the United States Geological Survey Station at Shellpile to Route 670 Bridge at Mauricetown, approximately 7.0 miles, as a recreational river; (B) the Maurice River, middle segment, from Route 670 Bridge at Mauricetown to 3.6 miles upstream (at drainage ditch just upstream of Fralinger Farm), approximately 3.8 miles as a scenic river; (C) the Maurice River, middle segment, from the drainage ditch just upstream of Fralinger Farm to one-half mile upstream from the United States Geological Survey Station at Burcham Farm, approximately 3.1 miles, as a recreational river; (D) the Maurice River, upper segment, from one-half mile upstream from the United States Geological Survey Station at Burcham Farm to the south side of the Millville sewage treatment plant, approximately 3.6 miles, as a scenic river; (E) the Menantico Creek, lower segment, from its confluence with the Maurice River to the Route 55 Bridge, approximately 1.4 miles, as a recreational river; (F) the Menantico Creek, upper segment, from the Route 55 Bridge to the base of the Impoundment at Menantico Lake, approximately 6.5 miles, as a scenic river; (G) the Manumuskin River, lower segment, from its confluence with the Maurice River to 2.0 miles upstream, as a recreational river; (H) the Manumuskin River, upper segment, from 2.0 miles upstream from its confluence with the Maurice River to headwaters near Route 557, approximately 12.3 miles, as a scenic river; and (I) the Muskee Creek from its confluence to the Pennsylvania Reading Seashore Line Railroad bridge, approximately 2.7 miles, as a scenic river; (2) a resource assessment of the Maurice River and its tributaries, Menantico Creek, the Manumuskin River, and the Muskee Creek shows that the area possesses numerous outstandingly remarkable natural, cultural, scenic, and recreational resources that are significant at the local, regional, and international levels, including rare plant and animal species and critical habitats for birds migrating to and from the north and south hemispheres; and (3) a river management plan for the river system has been developed by the Cumberland County Department of Planning and Development and adopted by the Maurice River Township, Commercial Township, and the City of Millville that would meet the requirements of section 6(c) of the Wild and Scenic Rivers Act, the City of Vineland has adopted a master plan which calls for river planning and management and is in the process of adopting zoning ordinances to implement their plan, and Buena Vista Township in Atlantic County has adopted a land use plan consistent with the Pinelands Comprehensive Plan which is more restrictive than the Cumberland County local river management plan. (b) Purposes._The purposes of this Act are to_ (1) declare the importance and irreplaceable resource values of the Maurice River and its tributaries to water quality, human health, traditional economic activities, ecosystem integrity, biotic diversity, fish and wildlife, scenic open space and recreation and protect such values through designation of the segments as components of the National Wild and Scenic Rivers System; (2) recognize that the Maurice River System will continue to be threatened by major development and that land use regulations of the individual local political jurisdictions through which the river segments pass cannot alone provide for an adequate balance between conservation of the river's resources and commercial and industrial development; and (3) recognize that segments of the Maurice River and its tributaries additional to those designated under this Act are eligible for potential designation at some point in the near future. SEC. 2. DESIGNATION. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding the following new paragraphs at the end thereof: ``( ) The Maurice River, Middle Segment._From Route 670 Bridge at Mauricetown to 3.6 miles upstream (at drainage ditch just upstream of Fralinger Farm), approximately 3.8 miles to be administered by the Secretary of the Interior as a scenic river. ``( ) The Maurice River, Middle Segment._From the drainage ditch just upstream of Fralinger Farm to one-half mile upstream from the United States Geological Survey Station at Burcham Farm, approximately 3.1 miles, to be administered by the Secretary of the Interior as a recreational river. ``( ) The Maurice River, Upper Segment._From one-half mile upstream from the United States Geological Survey Station at Burcham Farm to the south side of the Millville sewage treatment plant, approximately 3.6 miles, to be administered by the Secretary of the Interior as a scenic river. ``( ) The Menantico Creek, Lower Segment._From its confluence with the Maurice River to the Route 55 Bridge, approximately 1.4 miles, to be administered by the Secretary of the Interior as a recreational river. ``( ) The Menantico Creek, Upper Segment._From the Route 55 Bridge to the base of the impoundment at Menantico Lake, approximately 6.5 miles, to be administered by the Secretary of the Interior as a scenic river. ``( ) Manumuskin River, Lower Segment._From its confluence with the Maurice River to a point 2.0 miles upstream, to be administered by the Secretary of the Interior as a recreational river. ``( ) Manumuskin River, Upper Segment._From a point 2.0 miles upstream from its confluence with the Maurice River to its headwaters near Route 557, approximately 12.3 miles, to be administered by the Secretary of the Interior as a scenic river. ``( ) Muskee Creek, New Jersey._From its confluence with the Maurice River to the Pennsylvania Seashore Line Railroad Bridge, approximately 2.7 miles, to be administered by the Secretary of the Interior as a scenic river.''. SEC. 3. MANAGEMENT. (a) Duties of Secretary._The Secretary of the Interior shall manage the river segments designated as components of the National Wild and Scenic Rivers System by this Act through cooperative agreements with the political jurisdictions within which such segments pass, pursuant to section 10(e) of the Wild and Scenic Rivers Act, and in consultation with such jurisdictions, except that publicly-owned lands within the boundaries of such segments shall continue to be managed by the agency having jurisdiction over such lands. (b) Agreements._(1) Cooperative agreements for management of the river segments referred to in subsection (a) shall provide for the long- term protection, preservation, and enhancement of such segments and shall be consistent with the comprehensive management plan for such segments to be prepared by the Secretary of the Interior pursuant to section 3(d) of the Wild and Scenic Rivers Act and with the local river management plans prepared by appropriate local political jurisdictions in conjunction with the Secretary of the Interior. (2) The Secretary of the Interior, in consultation with appropriate representatives of local political jurisdictions and the State of New Jersey, shall review local river management plans described in paragraph (1) to assure that their proper implementation will protect the values for which the river segments described in section 2 were designated as components of the National Wild and Scenic Rivers System. If after such review the Secretary determines that such plans and their implementing local zoning ordinances meet the protection standards specified in section 6(c) of the Wild and Scenic Rivers Act, then such plans shall be deemed to constitute ``local zoning ordinances'' and each township and other incorporated local jurisdiction covered by such plans shall be deemed to constitute a ``village'' for the purposes of section 6(c) (prohibiting the acquisition of lands by condemnation) of the Wild and Scenic Rivers Act. (3) The Secretary of the Interior shall biennially review compliance with the local river management plans described in paragraph (1) and shall promptly report to the Committee on Natural Resources of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate any deviation from such which would result in any diminution of the values for which the river segment concerned was designated as a component of the National Wild and Scenic Rivers System. (c) Planning Assistance._The Secretary of the Interior may provide planning assistance to local political subdivisions of the State of New Jersey through which flow river segments that are designated as components of the National Wild and Scenic Rivers System, and may enter into memoranda of understanding or cooperative agreements with officials or agencies of the United States or the State of New Jersey to ensure that Federal and State programs that could affect such segments are carried out in a manner consistent with the Wild and Scenic Rivers Act and applicable river management plans. (d) Segment Additions._The Secretary of the Interior is encouraged to continue to work with the local municipalities to negotiate agreement and support for designating those segments of the Maurice River and its tributaries which were found eligible for designation pursuant to Public Law 100-33 and were not designated pursuant to this Act (hereinafter referred to as ``additional eligible segments''). For a period of 3 years after the date of enactment of this Act, the provisions of the Wild and Scenic Rivers Act applicable to segments included in section 5 of that Act shall apply to the additional eligible segments. The Secretary of the Interior is directed to report to the appropriate congressional committees within 3 years after the date of enactment of this Act on the status of discussions and negotiations with the local municipalities and on recommendations toward inclusion of additional river segments into the National Wild and Scenic Rivers System. (e) Appropriations._For the purposes of the segment described by subsection (a), there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the Wild and Scenic Rivers Act to designate segments of the Maurice River, the Menantico Creek, the Manumuskin River, and the Muskee Creek in New Jersey as components of the National Wild and Scenic Rivers System. Requires the Secretary of the Interior to manage such segments through cooperative agreements with appropriate political jurisdictions except that publicly-owned lands within the boundaries of the segments shall be managed by the agency having jurisdiction over them. Requires cooperative agreements for the management of the segments to provide for the long-term protection, preservation, and enhancement of the segments and to be consistent with the comprehensive management plan prepared by the Secretary and with the local river management plans prepared by appropriate local political jurisdictions in conjunction with the Secretary. Directs the Secretary to review compliance with the local river management plans biennially and to report to specified congressional committees on any deviation which may diminish the values for which the river segment was designated. Encourages the Secretary to work with municipalities to negotiate agreement for designating additional eligible segments of the Maurice River and its tributaries. Designates the eligible segments for study as potential additions to the National Wild and Scenic Rivers system. Authorizes appropriations.

To designate portions of the Maurice River and its tributaries in the State of New Jersey as components of the National Wild and Scenic Rivers Systems.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Compliance and Ratepayer Affordability Act of 2013''. SEC. 2. INTEGRATED MUNICIPAL STORMWATER AND WASTEWATER APPROACH FRAMEWORK. (a) In General.--In the first 5 fiscal years beginning after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in coordination with appropriate State, local, and regional authorities, shall carry out a pilot program under which the Administrator shall work cooperatively with and facilitate the efforts of municipalities to develop and implement integrated plans to meet their wastewater and stormwater obligations under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) in a more cost-effective and flexible manner. (b) Framework.--The Administrator shall carry out the pilot program in a manner that is consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by the Environmental Protection Agency, dated May 2012. (c) Selection of Municipalities.-- (1) In general.--The Administrator, in consultation with States that have approved National Pollutant Discharge Elimination System programs, shall select not less than 15 municipalities to participate in the pilot program. (2) Factors.--In selecting the municipalities, the Administrator shall-- (A) specifically focus on-- (i) municipalities that are operating under an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Federal Water Pollution Control Act; (ii) other municipalities facing compliance issues under the Federal Water Pollution Control Act, in addition to the municipalities described in clause (i); and (iii) municipalities that are affected by affordability constraints in planning and implementing control measures to address wet weather discharges from their wastewater and stormwater facilities; and (B) give priority to municipalities with a history of knowledgeable, detailed, and comprehensive efforts to develop integrated and adaptive clean water management practices, without regard to the status of the municipality in the process of planning or implementing such practices. (d) Approval of Integrated Plans.-- (1) In general.--In approving the integrated plan of a municipality under the pilot program, the Administrator shall-- (A) account for the financial capability of the municipality to adequately address the requirements of the Federal Water Pollution Control Act that apply to the municipality; (B) prioritize the obligations of the municipality under the Federal Water Pollution Control Act according to the most cost-effective and environmentally beneficial outcomes; (C) account for the maintenance, operational, and regulatory obligations of the municipality; and (D) enable the municipality to implement innovative and flexible approaches to meet the obligations of the municipality under the Federal Water Pollution Control Act. (2) Use of adaptive management approaches.-- (A) Priority.--In selecting municipalities to participate in the program, the Administrator may give priority to a municipality that is seeking to develop and implement an integrated plan that includes adaptive approaches to account for changed or future uncertain circumstances. (B) Types of adaptive approaches.--Adaptive approaches referred to in subparagraph (A) include, at a minimum-- (i) the use of new innovative technical or institutional approaches; and (ii) the ability to adapt the integrated plan in response to new regulatory requirements and reductions in financial capability. (3) Additional authorities.--In carrying out the pilot program, the Administrator may, in full coordination and mutual agreement with a municipality selected to participate in the pilot program-- (A) extend the allowable national pollutant discharge elimination system permit term under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) to a maximum of 25 years, and make corresponding changes to any associated implementation schedule; (B) modify the implementation terms of a consent decree entered into by the municipality with the Administrator pursuant to that Act; and (C) provide additional regulatory flexibility under the Federal Water Pollution Control Act in approving and implementing an integrated plan that includes adaptive approaches in order to encourage the innovation integral to such approaches. (e) Report to Congress.--Not later than 1 year after the date of enactment of this Act, and each year thereafter for 5 years, the Administrator shall transmit to Congress a report on the results of the pilot program, including a description of the specific outcomes expected to be achieved that will reduce the costs of complying with the requirements of the Federal Water Pollution Control Act for municipalities participating in the program and similarly situated municipalities.

Clean Water Compliance and Ratepayer Affordability Act of 2013 - Requires the Administrator of the Environmental Protection Agency (EPA) to carry out a pilot program to work cooperatively with and facilitate the efforts of municipalities to develop and implement integrated plans to meet their wastewater and stormwater obligations under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) in a cost-effective and flexible manner and consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by EPA in May 2012. Directs the Administrator, in consultation with states that have approved National Pollutant Discharge Elimination System programs, to select at least 15 municipalities to participate in the program. Sets forth selection factors, including by giving a priority to those with a history of knowledgeable, detailed, and comprehensive efforts to develop integrated and adaptive clean water management practices, without regard to the municipality's status in the process of planning or implementing them. Provides standards for approval of a municipality's integrated plan under the pilot program, including concerning financial capability, prioritization of obligations under the Clean Water Act, and the use of innovative and flexible approaches to meet obligations. Allows priority to be given to municipalities seeking to develop and implement approaches that adapt to changed or future uncertain circumstances. Provides additional authorities regarding selected municipalities concerning: (1) extension of the allowable national pollutant discharge elimination system permit term, (2) modification of implementation terms of a consent decree, and (3) additional regulatory flexibility in approving and implementing an integrated plan that includes adaptive approaches.

Clean Water Compliance and Ratepayer Affordability Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Access and Rural Equity Act of 2016'' or the ``CARE Act of 2016''. SEC. 2. CLARIFYING REASONABLE COSTS FOR CRITICAL ACCESS HOSPITAL MEDICARE PAYMENTS. (a) Inclusion of Certain Costs as Reasonable Costs.-- (1) Inpatient critical access hospital services.--Section 1814(l) of the Social Security Act (42 U.S.C. 1395f(l)) is amended by adding at the end the following new paragraph: ``(6) In determining payment and reasonable costs under paragraph (1) for inpatient critical access services, the Secretary shall recognize as allowable costs of the critical access hospital at least the following: ``(A) Costs of services that would be considered bona fide emergency services (as defined in section 1861(v)(1)(K)(ii)) if provided in a hospital emergency room, including professional services and any associated surgical on-call and standby costs. ``(B) Costs of a test or procedure performed at a critical access hospital or an entity owned by the critical access hospital, including a clinical diagnostic laboratory test, mammogram (as defined in section 354(a)(5) of the Public Health Service Act), colonoscopy, cardiac stress test, pulmonary function test, echocardiogram, and bone density study. ``(C) Standby and on-call costs for certified registered nurse anesthetist services, regardless of the number of surgical procedures requiring anesthesia services and regardless of the number of full-time equivalent physicians. ``(D) Costs of services provided by the critical access hospital or satellite facility of the critical access hospital that improve the total health of communities, including immunization programs, health clinics, and medical homes. ``(E) Costs of services provided by an off-campus provider-based clinic described in section 1820(c)(2)(F) of the critical access hospital, regardless of distance of such clinic from a hospital or another critical access hospital.''. (2) Outpatient critical access hospital services.--Section 1834(g) of the Social Security Act (42 U.S.C. 1395m(g)) is amended by adding at the end the following new paragraph: ``(6) Coverage of certain additional costs as reasonable costs.--In determining the reasonable costs of outpatient critical access hospital services under paragraphs (1) and (2)(A), the Secretary shall recognize as allowable the costs described in paragraph (6) of section 1814(l).''. (3) Conforming amendment.--Section 1861(v)(7) of the Social Security Act (42 U.S.C. 1395x(v)(7)) is amended by adding at the end the following new subparagraph: ``(E) For provisions further describing costs recognized as reasonable costs for inpatient and outpatient critical access hospital services, see sections 1814(l)(6) and 1834(g)(6).''. (b) Treatment of Provider-Based Clinics of Critical Access Hospitals.--Section 1820(c)(2) of the Social Security Act (42 U.S.C. 1395i-4(c)(2)) is amended-- (1) in subparagraph (B)(i)(I), by striking ``is located'' and inserting ``subject to subparagraph (E), is located''; and (2) by adding at the end the following new subparagraph: ``(F) Treatment of off-campus provider-based clinics.--Subparagraph (B)(i)(I) shall not apply to an off-campus provider-based clinic (as described in section 485.610 of title 45 of the Code of Federal Regulations) of a facility designated as a critical access hospital.''. (c) Allowing Coordination for Provision of Emergency Services.-- Section 1820(c)(2) of the Social Security Act (42 U.S.C. 1395i- 4(c)(2)), as amended by subsection (b), is further amended-- (1) in subparagraph (B)(ii), by striking ``makes'' and inserting ``subject to subparagraph (G), makes''; and (2) by adding at the end the following new subparagraph: ``(G) Allowing coordination for provision of emergency services.--The Secretary may waive the requirements under subparagraph (B)(ii), with respect to a facility, if such facility-- ``(i) is located not more than 15 miles of another facility or hospital that has an emergency department that satisfies the requirement of subparagraph (B)(ii); and ``(ii) coordinates with such other facility or hospital with respect to furnishing 24-hour emergency care services described in such subparagraph to the area served by such facility.''. (d) Treatment of Medicaid Provider Taxes for Critical Access Hospital Reasonable Costs.-- (1) Inpatient critical access hospital services.--Section 1814(l) of the Social Security Act (42 U.S.C. 1395f(l)), as amended by subsection (a)(1), is further amended by adding at the end the following new paragraph: ``(7)(A) In determining payment and reasonable costs under paragraph (1) for inpatient critical access services-- ``(i) with respect to a current permissible health care related tax imposed and paid by the critical access hospital for a cost reporting period beginning before the date of enactment of this paragraph, the Secretary shall not, through recoupment or otherwise, disallow payment to the critical access hospital under this subsection on the basis that payments to the critical access hospital under this subsection offset some or all of the costs of such tax; and ``(ii) with respect to a current permissible health care related tax imposed and paid by the critical access hospital for a cost reporting period beginning on or after the date of enactment of this paragraph, the Secretary shall-- ``(I) assess the percentage of individuals entitled to benefits under this part who are furnished inpatient critical access hospital services at such critical access hospital during such cost reporting period and who are also receiving medical assistance under the Medicaid program under title XIX during such period; and ``(II) adjust payments under this subsection with respect to such services furnished during such period in a manner specified by the Secretary based on such percentage to take into account such tax. ``(B) For purposes of this paragraph and section 1834(g)(7), the term `current permissible health care related tax' means a broad-based health care related tax (as defined in paragraph (3)(B) of such section) that is in effect prior to enactment of this paragraph and for which there is not in effect a hold harmless provision described in paragraph (4) of such section.''. (2) Outpatient critical access hospital services.--Section 1834(g) of the Social Security Act (42 U.S.C. 1395m(g)), as amended by subsection (a)(2), is further amended by adding at the end the following new paragraph: ``(7) Treatment of medicaid provider taxes.--In determining payment for outpatient critical access hospital services under paragraphs (1) and (2), the provisions of paragraph (7) of section 1814(l) shall apply to payment for such services under this subsection in the same manner as such provisions apply to payment for inpatient critical access hospital services under section 1814(l), except that in applying subparagraph (B) of such paragraph (7), the reference to `individuals entitled to benefits under this part' shall be deemed a reference to `individuals enrolled under part B'.''.

Critical Access and Rural Equity Act of 2016 or the CARE Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to specify that, for purposes of determining Medicare payment and reasonable costs for both inpatient and outpatient critical access hospital (CAH) services, the Centers for Medicare & Medicaid Services (CMS) shall recognize as allowable costs those related to specified emergency, diagnostic, anesthetist, community health, and off-campus clinical services. Furthermore, in determining payment and reasonable costs for both inpatient and outpatient CAH services, CMS shall not disallow payment to a CAH on the basis that such payment offsets the cost of a current permissible health care-related tax imposed on and paid by the CAH. CMS must make specified payment adjustments to account for such a tax.  Generally, under current law, a facility must be located beyond a specified driving distance from another hospital or facility in order to be designated as a CAH. The bill specifies that this requirement does not apply with respect to a CAH's off-campus provider-based clinic. Current law further requires a facility to provide certain 24-hour emergency care services as a condition of designation as a CAH. The bill allows CMS to waive this requirement with respect to a facility that coordinates with a nearby facility or hospital that provides such services.

CARE Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Possessions and Territories Criminal Law Clarification Act''. SEC. 2. APPLICATION OF VARIOUS OFFENSES TO POSSESSIONS AND TERRITORIES. (a) Sections 241 and 242 of title 18, United States Code, are each amended by striking ``any State, Territory, or District'' and inserting ``any State, Territory, Commonwealth, Possession, or District''. (b) Sections 793(h)(1) and 794(d)(1) of title 18, United States Code, are each amended by adding at the end the following: ``For the purposes of this subsection, the term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (c) Section 925(a)(5) of title 18, United States Code, is amended by striking ``For the purpose of paragraphs (3) and (4)'' and inserting ``For the purpose of paragraph (3)''. (d) Sections 1014 and 2113(g) of title 18, United States Code, are each amended by adding at the end the following: ``The term `State- chartered credit union' includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.''. (e) Section 1073 of title 18, United States Code, is amended by adding at the end of the first paragraph the following: ``For the purposes of clause (3) of this paragraph, the term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (f) Section 1715 of title 18, United States Code, is amended by striking ``State, Territory, or District'' each place those words appear and inserting ``State, Territory, Commonwealth, Possession, or District''. (g) Section 1716 of title 18, United States Code, is amended-- (1) in subsection (g)(2) by striking ``State, Territory, or the District of Columbia'' and inserting ``State''; (2) in subsection (g)(3) by striking ``the municipal government of the District of Columbia or of the government of any State or territory, or any county, city, or other political subdivision of a State'' and inserting ``any State, or any political subdivision of a State''; and (3) by adding at the end the following: ``(j) For purposes of this section, the term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (h) Section 1761 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(d) For the purposes of this section, the term `State' means a State of the United States and any commonwealth, territory, or possession of the United States.''. (i) Section 3156(a) of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period and inserting ``; and'' at the end of paragraph (4); and (3) by adding at the end the following new paragraph: ``(5) the term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (j) Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (1) by amending paragraph (26) to read as follows: ``(26) The term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''; and (2) by redesignating paragraph (43), as added by section 90105(d) of the Violent Crime Control and Law Enforcement Act of 1994, as paragraph (44). (k) Section 1121 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(c) For the purposes of this section, the term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (l) Section 228(d)(2) of title 18, United States Code, is amended by inserting ``commonwealth,'' before ``possession or territory of the United States''. (m) Section 1546(c) of title 18, United States Code, is amended by adding at the end the following: ``For purposes of this section, the term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (n) Section 1541 of title 18, United States Code, is amended-- (1) in the first undesignated paragraph, by striking ``or possession''; and (2) by adding at the end the following new paragraph: ``For purposes of this section, the term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (o) Section 37(c) of title 18, United States Code, is amended in the final sentence by inserting before the period the following: ``, and the term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States''. (p) Section 2281(c) of title 18, United States Code, is amended in the final sentence by inserting before the period the following: ``, and the term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States''. (q) Section 521(a) of title 18, United States Code, is amended by adding at the end the following: ```State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply to offenses committed on or after the date of enactment of this Act. Passed the Senate December 14, 1995. Attest: KELLY D. JOHNSTON, Secretary.

Possessions and Territories Criminal Law Clarification Act - Makes technical and conforming amendments to specify the applicability to the territories, possessions, and commonwealths of the United States and the District of Columbia of specified provisions of the Federal criminal code and the Controlled Substances Act (including provisions regarding a conspiracy against rights, the deprivation of rights under color of law, espionage, censorship, firearms exemptions, fraud or false statements to financial institutions, bank robbery or burglary, the mailing of firearms, and criminal street gangs).

Possessions and Territories Criminal Law Clarification Act

SECTION 1. TERRITORIAL AND FREELY ASSOCIATED STATE INFRASTRUCTURE ASSISTANCE. Section 4(b) of Public Law 94-241 (90 Stat. 263) as added by section 10 of Public Law 99-396 (99 Stat. 837, 841) is amended by deleting ``until Congress otherwise provides by law.'' and inserting in lieu thereof: ``except that, for fiscal years 1996 and thereafter, payments to the Commonwealth of the Northern Mariana Islands pursuant to the multi-year funding agreements contemplated under the Covenant shall be limited to the amounts set forth in the Agreement of the Special Representatives on Future Federal Financial Assistance of the Northern Mariana Islands, executed on December 17, 1992 between the special representative of the President of the United States and special representatives of the Governor of the Northern Mariana Islands and shall be subject to all the requirements of such Agreement with any additional amounts otherwise made available under this section in any fiscal year and not required to meet the schedule of payments set forth in the Agreement to be provided as set forth in subsection (c) until Congress otherwise provides by law. ``(c) The additional amounts referred to in subsection (b) shall be made available to the Secretary for obligation as follows: ``(1) for fiscal year 1996, all such amounts shall be provided for capital infrastructure projects in American Samoa; and ``(2) for fiscal years 1997 and thereafter, all such amounts shall be available solely for capital infrastructure projects in Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Federated States of Micronesia and the Republic of the Marshall Islands: Provided, That, in fiscal year 1997, $3 million of such amounts shall be made available to the College of the Northern Marianas and beginning in fiscal year 1997, and in each year thereafter, not to exceed $3 million may be allocated, as provided in Appropriation Acts, to the Secretary of the Interior for use by Federal agencies or the Commonwealth of the Northern Mariana Islands to address immigration, labor, and law enforcement issues in the Northern Mariana Islands, including, but not limited to detention and corrections needs. The specific projects to be funded shall be set forth in a five-year plan for infrastructure assistance developed by the Secretary of the Interior in consultation with each of the island governments and updated annually and submitted to the Congress concurrent with the budget justifications for the Department of the Interior. In developing and updating the five year plan for capital infrastructure needs, the Secretary shall indicate the highest priority projects, consider the extent to which particular projects are part of an overall master plan, whether such project has been reviewed by the Corps of Engineers and any recommendations made as a result of such review, the extent to which a set-aside for maintenance would enhance the life of the project, the degree to which a local cost-share requirement would be consistent with local economic and fiscal capabilities, and may propose an incremental set- aside, not to exceed $2 million per year, to remain available without fiscal year limitation, as an emergency fund in the event of natural or other disasters to supplement other assistance in the repair, replacement, or hardening of essential facilities: Provided further, That the cumulative amount set aside for such emergency fund may not exceed $10 million at any time. ``(d) Within the amounts allocated for infrastructure pursuant to this section, and subject to the specific allocations made in subsection (c), additional contributions may be made, as set forth in Appropriation Acts, to assist in the resettlement of Rongelap Atoll: Provided, That the total of all contributions from any Federal source after January 1, 1995 may not exceed $32 million and shall be contingent upon an agreement, satisfactory to the President, that such contributions are a full and final settlement of all obligations of the United States to assist in the resettlement of Rongelap Atoll and that such funds will be expended solely on resettlement activities and will be properly audited and accounted for. In order to provide such contributions in a timely manner, each Federal agency providing assistance or services, or conducting activities, in the Republic of the Marshall Islands, is authorized to make funds available, through the Secretary of the Interior, to assist in the resettlement of Rongelap. Nothing in this subsection shall be construed to limit the provision of ex gratia assistance pursuant to section 105(c)(2) of the Compact of Free Association Act of 1985 (Public Law 99-239, 99 Stat. 1770, 1792) including for individuals choosing not to resettle at Rongelap, except that no such assistance for such individuals may be provided until the Secretary notifies the Congress that the full amount of all funds necessary for resettlement at Rongelap has been provided.''. SEC. 2. FEDERAL MINIMUM WAGE. Effective thirty days after the date of enactment of this Act, the minimum wage provisions, including, but not limited to, the coverage and exemptions provisions, of section 6 of the Fair Labor Standards Act of June 25, 1938 (52 Stat. 1062), as amended, shall apply to the Commonwealth of the Northern Mariana Islands, except-- (a) on the effective date, the minimum wage rate applicable to the Commonwealth of the Northern Mariana Islands shall be $2.75 per hour; (b) effective January 1, 1996, the minimum wage rate applicable to the Commonwealth of the Northern Mariana Islands shall be $3.05 per hour; (c) effective January 1, 1997 and every January 1 thereafter, the minimum wage rate shall be raised by thirty cents per hour or the amount necessary to raise the minimum wage rate to the wage rate set forth in section 6(a)(1) of the Fair Labor Standards act, whichever is less; and (d) once the minimum wage rate is equal to the wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act, the minimum wage rate applicable to the Commonwealth of the Northern Mariana Islands shall thereafter be the wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act. SEC. 3. REPORT. The Secretary of the Interior, in consultation with the Attorney General and Secretaries of Treasury, Labor and State, shall report to the Congress by the March 15 following each fiscal year for which funds are allocated pursuant to section 4(c) of Public Law 94-241 for use by Federal agencies or the Commonwealth to address immigration, labor or law enforcement activities. The report shall include but not be limited to-- (1) pertinent immigration information provided by the Immigration and Naturalization Service, including the number of non-United States citizen contract workers in the CNMI, based on data the Immigration and Naturalization Service may require of the Commonwealth of the Northern Mariana Islands on a semiannual basis, or more often if deemed necessary by the Immigration and Naturalization Service, (2) the treatment and conditions of non-United States citizen contract workers, including foreign government interference with workers' ability to assert their rights under United States law, (3) the effect of laws of the Northern Mariana Islands on Federal interests, (4) the adequacy of detention facilities in the Northern Mariana Islands, (5) the accuracy and reliability of the computerized alien identification and tracking system and its compatibility with the system of the Immigration and Naturalization Service, and (6) the reasons why Federal agencies are unable or unwilling to fully and effectively enforce Federal laws applicable within the Commonwealth of the Northern Mariana Islands unless such activities are funded by the Secretary of the Interior. SEC. 4. IMMIGRATION COOPERATION. The Commonwealth of the Northern Mariana Islands and the Immigration and Naturalization Service shall cooperate in the identification and, if necessary, exclusion or deportation from the Commonwealth of the Northern Mariana Islands of persons who represent security or law enforcement risks to the Commonwealth of the Northern Mariana Islands or the United States. SEC. 5. CLARIFICATION OF LOCAL EMPLOYMENT IN THE MARIANAS. (a) Section 8103(i) of title 46 of the United States Code is amended by renumbering paragraph (3) as paragraph (4) and by adding a new paragraph (3) as follows: ``(3) Notwithstanding any other provision of this subsection, any alien allowed to be employed under the immigration laws of the Commonwealth of the Northern Mariana Islands (CNMI) may serve as an unlicensed seaman on a fishing, fish processing, or fish tender vessel that is operated exclusively from a port within the CNMI and within the navigable waters and exclusive economic zone of the United States surrounding the CNMI. Pursuant to 46 U.S.C. 8704, such persons are deemed to be employed in the United States and are considered to have the permission of the Attorney General of the United States to accept such employment: Provided, That paragraph (2) of this subsection shall not apply to persons allowed to be employed under this paragraph.''. (b) Section 8103(i)(1) of title 46 of the United States Code is amended by deleting ``paragraph (3) of this subsection'' and inserting in lieu thereof ``paragraph (4) of this subsection''. SEC. 6. CLARIFICATION OF OWNERSHIP OF SUBMERGED LANDS IN THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. Public Law 93-435 (88 Stat. 1210), as amended, is further amended by-- (a) striking ``Guam, the Virgin Islands'' in section 1 and inserting in lieu thereof ``Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands'' each place the words appear; (b) striking ``Guam, American Samoa'' in section 2 and inserting in lieu thereof ``Guam, the Commonwealth of the Northern Mariana Islands, American Samoa''; and (c) striking ``Guam, the Virgin Islands'' in section 2 and inserting in lieu thereof ``Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands.''. With respect to the Commonwealth of the Northern Mariana Islands, references to ``the date of enactment of this Act'' or ``date of enactment of this subsection'' contained in Public Law 93-435, as amended, shall mean the date of enactment of this section. SEC. 7. ANNUAL STATE OF THE ISLANDS REPORT. The Secretary of the Interior shall submit to the Congress, annually, a ``State of the Islands'' report on American Samoa, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia that includes basic economic development information, data on direct and indirect Federal assistance, local revenues and expenditures, employment and unemployment, the adequacy of essential infrastructure and maintenance thereof, and an assessment of local financial management and administrative capabilities, and Federal efforts to improve those capabilities. SEC. 8. TECHNICAL CORRECTION. Section 501 of Public Law 95-134 (91 Stat. 1159, 1164), as amended, is further amended by deleting ``the Trust Territory of the Pacific Islands,'' and inserting in lieu thereof ``the Republic of Palau, the Republic of the Marshall Islands, the Federated States of Micronesia,''. Passed the Senate July 20 (legislative day, July 10), 1995. Attest: KELLY D. JOHNSTON, Secretary.

Limits appropriations to the Commonwealth of the Northern Mariana Islands (CNMI) for FY 1996 and thereafter to amounts set forth in the Agreement of the Special Representatives on Future Federal Financial Assistance of the Northern Mariana Islands executed on December 17, 1992. Authorizes additional appropriations for FY 1996 and thereafter for: (1) capital infrastructure projects in Guam, the Virgin Islands, American Samoa, the CNMI, the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands (including resettlement of Rongelap Atoll); (2) the College of the Northern Marianas; and (3) Federal agencies or the CNMI for immigration, labor, and law enforcement activities. Declares that Federal minimum wage requirements shall apply to the CNMI, with specified exceptions (including an increase from $2.75 to $3.05 per hour on January 1, 1996, with thirty cents per hour annual increases thereafter). Directs the Secretary of the Interior to report annually to the Congress on the use of funds allocated to Federal agencies or CNMI for immigration, labor, or law enforcement activities. Requires the CNMI and the Immigration and Naturalization Service to cooperate in the identification and, if necessary, exclusion or deportation from the CNMI of persons who represent security or law enforcement risks to the CNMI or to the United States. Amends Federal shipping law to authorize legal aliens in the CNMI to serve as unlicensed seamen on certain fishing vessels that operate from a port within the CNMI and its surrounding waters. Sets forth provisions declaring the CNMI's ownership of submerged lands. Directs the Secretary of the Interior to submit annually to the Congress a "State of the Islands" report on American Samoa, Guam, the Virgin Islands, the CNMI, the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands.

Insular Development Act of 1995

That the following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2018, and for other purposes, namely: TITLE I DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency disaster relief fund (including transfers of funds) For an additional amount for ``Disaster Relief Fund'' for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $18,670,000,000, to remain available until expended, of which $10,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters: Provided, That the Administrator of the Federal Emergency Management Agency shall publish on the Agency's website not later than 5 days after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) that is in excess of $1,000,000, the specifics of each such grant award: Provided further, That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster in excess of $1,000,000, not later than 5 days after the issuance of such mission assignment or mission assignment task order, the Administrator shall publish on the Agency's website the following: the name of the impacted State, the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated: Provided further, That not later than 10 days after the last day of each month until a mission assignment or mission assignment task order described in the preceding proviso is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated: Provided further, That for a disaster declaration related to Hurricane Harvey, Hurricane Irma, or Hurricane Maria, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this Act, and shall publish on the Agency's website, not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources): Provided further, That not later than 10 days after the first day of each month, the Administrator shall publish on the Agency's website the report (referred to as the Disaster Relief Monthly Report) as required by Public Law 114-4. Of the amounts provided in this Act for the Disaster Relief Fund, up to $4,900,000,000 may be transferred to the Disaster Assistance Direct Loan Program Account for the cost of direct loans as authorized under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) to be used to assist local governments in providing essential services as a result of Hurricanes Harvey, Irma, or Maria: Provided further, That such amounts may subsidize gross obligations for the principal amount of direct loans not to exceed $4,900,000,000 under section 417 of the Stafford Act: Provided further, That notwithstanding section 417 of the Stafford Act, a territory or possession, and instrumentalities and local governments thereof, of the United States shall be deemed to be a local government for purposes of this paragraph: Provided further, That notwithstanding section 417(b) of the Stafford Act, the amount of any such loan issued to a territory or possession, and instrumentalities and local governments thereof, may be based on the projected loss of tax and other revenues and on projected cash outlays not previously budgeted for a period not to exceed 180 days from the date of the major disaster, and may exceed $5,000,000: Provided further, That notwithstanding any other provision of law or the constitution of a territory or possession that limits the issuance of debt, a territory or possession, and instrumentalities and local governments thereof, may each receive more than one loan with repayment provisions and other terms specific to the type of lost tax and other revenues and on projected unbudgeted cash outlays for which the loan is provided: Provided further, That notwithstanding section 417(c)(1) of the Stafford Act, loans to a territory or possession, and instrumentalities and local governments thereof, may be canceled in whole or in part only at the discretion of the Secretary of Homeland Security in consultation with the Secretary of the Treasury: Provided further, That notwithstanding any other provision of law, the Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall determine the terms, conditions, eligible uses, and timing and amount of Federal disbursements of loans issued to a territory or possession, and instrumentalities and local governments thereof: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided further, That FEMA may transfer up to 1.5 percent of the amount under this paragraph to the Disaster Assistance Direct Loan Program Account for administrative expenses to carry out under this paragraph the direct loan program, as authorized by section 417 of the Stafford Act: Provided further, That of the amount provided under this paragraph for transfer, up to $150,000,000 may be transferred to the Disaster Assistance Direct Loan Program Account for the cost to lend a territory or possession of the United States that portion of assistance for which the territory or possession is responsible under the cost-sharing provisions of the major disaster declaration for Hurricanes Irma or Maria, as authorized under section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162): Provided further, That of the amount provided under this paragraph for transfer, up to $1,000,000 may be transferred to the Disaster Assistance Direct Loan Program Account for administrative expenses to carry out the Advance of Non-Federal Share program, as authorized by section 319 of the Stafford Act. The amount provided under this heading is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. TITLE II DEPARTMENT OF AGRICULTURE Forest Service wildland fire management (including transfer of funds) For an additional amount for ``Wildland Fire Management'', $184,500,000, to remain available through September 30, 2021, for urgent wildland fire suppression operations: Provided, That such funds shall be solely available to be transferred to and merged with other appropriations accounts from which funds were previously transferred for wildland fire suppression in fiscal year 2017 to fully repay those amounts: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. flame wildfire suppression reserve fund (including transfer of funds) For an additional amount for ``FLAME Wildfire Suppression Reserve Fund'', $342,000,000, to remain available through September 30, 2021, for necessary expenses for large wildland fire suppression operations of the Department of Agriculture and as a reserve fund for suppression and Federal emergency response activities: Provided, That notwithstanding the FLAME Act of 2009 (43 U.S.C. 1748a(e)), such funds shall be solely available to be transferred to and merged with other appropriations accounts from which funds were previously transferred for wildland fire suppression in fiscal year 2017 to fully repay those amounts: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. DEPARTMENT OF THE INTERIOR Department-Wide Programs wildland fire management (including transfer of funds) For an additional amount for ``Wildland Fire Management'', $50,000,000, to remain available until expended, for urgent wildland fire suppression activities and funds necessary to repay any transfers needed for these costs: Provided, That such funds may be available to be transferred to and merged with other appropriations accounts to fully repay amounts previously transferred for wildland fire suppression: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. TITLE III GENERAL PROVISIONS Sec. 301. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. Sec. 302. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 303. The terms and conditions applicable to the funds provided in this Act, including those provided by this title, shall also apply to the funds made available in division B of Public Law 115- 56. Sec. 304. Each amount designated in this Act by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available only if the President subsequently so designates all such amounts and transmits such designations to the Congress. Sec. 305. (a)(1) Not later than December 31, 2017, in accordance with criteria to be established by the Director of the Office of Management and Budget (referred to in this section as ``OMB''), each Federal agency shall submit to OMB, the Government Accountability Office, the respective Inspector General of each agency, and the Committees on Appropriations of the House of Representatives and the Senate internal control plans for funds provided by this Act and division B of Public Law 115-56. (2) Not later than March 31, 2018, the Government Accountability Office shall review for the Committees on Appropriations of the House of Representatives and the Senate the design of the internal control plans required by paragraph (1). (b) All programs and activities receiving funds under this Act shall be deemed to be ``susceptible to significant improper payments'' for purposes of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note), notwithstanding section 2(a) of such Act. (c) Funds for grants provided by this Act or division B of Public Law 115-56 shall be expended by the grantees within the 24-month period following the agency's obligation of funds for the grant, unless, in accordance with guidance to be issued by the Director of OMB, the Director waives this requirement for a particular grant program and submits a written justification for such waiver to the Committees on Appropriations of the House of Representatives and the Senate. In the case of such grants, the agency shall include a term in the grant that requires the grantee to return to the agency any funds not expended within the 24-month period. Sec. 306. (a) The first proviso under the heading ``Department of Housing and Urban Development--Community Planning and Development-- Community Development Fund'' in division B of Public Law 115-56 is amended by striking ``State or unit of general local government'' and inserting ``State, unit of general local government, or Indian tribe (as such term is defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302))''. (b) Amounts repurposed pursuant to subsection (a) that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of such Act. Sec. 307. Section 101(a)(7) of division D of Public Law 115-56 is amended to read as follows: ``(7) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017 (division G of Public Law 115-31), except the language under the heading `FLAME Wildfire Suppression Reserve Fund' in the Departments of Agriculture and the Interior.''. Sec. 308. (a) Notwithstanding sections 1309, 1310, and 1310a of the National Flood Insurance Act of 1968 (42 U.S.C. 4016-4017a) and section 15(e) of the Federal Flood Insurance Act of 1956 (42 U.S.C. 2414(e)), and any borrowing agreement entered into between the Department of the Treasury and the Federal Emergency Management Agency, of the indebtedness of the Administrator under any notes or other obligations issued pursuant to section 1309(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) and section 15(e) of the Federal Insurance Act of 1956 (42 U.S.C. 2414(e)) that is outstanding as of the date of the enactment of this Act, an amount of $16,000,000,000 is hereby canceled. To the extent of the amount canceled, the Administrator and the National Flood Insurance Fund are relieved of all liability to the Secretary of the Treasury under any such notes or other obligations, including for any interest due under such notes and any other fees and charges payable in connection with such notes, and the total amount of notes and obligations issued by the Administrator pursuant to such sections shall be considered to be reduced by such amount for the purposes of the limitation on such total amount under such section 1309(a). (b) The amount of the indebtedness canceled under subsection (a) may be treated as public debt of the United States. (c)(1) This section is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (2) The amount provided in this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Sec. 309. Notwithstanding section 19(a)(2)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2028), not to exceed $1,270,000,000 of funds made available for the contingency reserve under the heading ``Supplemental Nutrition Assistance Program'' of division A of Public Law 114-113 shall be available for the Secretary to provide a grant to the Commonwealth of Puerto Rico for disaster nutrition assistance in response to the Presidentially declared major disasters and emergencies: Provided, That funds made available to Puerto Rico under this section shall remain available for obligation by the Commonwealth until September 30, 2019, and shall be in addition to funds otherwise made available: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Sec. 310. Notwithstanding section 2208(l)(3) of title 10, United States Code, during fiscal year 2018, the dollar limitation on advance billing of a customer of a working-capital fund in such section shall not apply with respect to the advance billing of the Federal Emergency Management Agency. In the preceding sentence, the term ``advance billing'' has the meaning given the term in section 2208(l)(4) of title 10, United States Code. This Act may be cited as the ``Additional Supplemental Appropriations for Disaster Relief Requirements Act of 2017''.

Additional Supplemental Appropriations for Disaster Relief Requirements Act of 2017 This bill provides $36.5 billion in FY2018 emergency supplemental appropriations to the Federal Emergency Management Agency (FEMA), the Department of Agriculture (USDA), and the Department of the Interior for relief and recovery efforts in response to recent hurricanes and wildfires. For FEMA, the bill provides: (1) $18.67 billion for the Disaster Relief Fund, of which up to $4.9 billion may be transferred to the Community Disaster Loan Program for direct loans to assist local governments in providing essential services as a result of Hurricanes Harvey, Irma, or Maria; and (2) $16 billion in debt relief for the National Flood Insurance Program. The bill also provides $576.5 million to the Forest Service and Interior for wildfire suppression activities. USDA may use up to $1.27 billion of funds previously provided for the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) contingency reserve to provide a grant to Puerto Rico for disaster nutrition assistance in response to the presidentially declared major disasters and emergencies. The bill designates the funds as emergency requirements. (Emergency spending is exempt from discretionary spending limits and other budget enforcement rules.)

Additional Supplemental Appropriations for Disaster Relief Requirements Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corrosion Prevention Act of 2006''. SEC. 2. CREDIT FOR CORROSION PREVENTION AND MITIGATION MEASURES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45N. CORROSION PREVENTION AND MITIGATION MEASURES. ``(a) In General.--For purposes of section 38, the corrosion prevention and mitigation credit determined under this section for the taxable year is an amount equal to 50 percent of the excess of-- ``(1) qualified corrosion prevention and mitigation expenditures with respect to qualified property, over ``(2) the amount such expenditures would have been, taking into account amounts paid or incurred to satisfy Federal, State, or local requirements. ``(b) Qualified Corrosion Prevention and Mitigation Expenditures.-- For purposes of this section-- ``(1) In general.--The term `qualified corrosion prevention and mitigation expenditures' means amounts paid or incurred by the taxpayer during the taxable year for engineering design, materials, and application and installation of corrosion prevention and mitigation technology. ``(2) Certification may be required.--The Secretary shall require by regulation that no amount be taken into account under paragraph (1) for any design, material, application, or installation unless such design, material, application, or installation meets such certification requirements as the Secretary shall require. Such requirements shall provide for accreditation of certifying persons by an independent entity with expertise in corrosion prevention and mitigation technology. ``(3) Corrosion prevention and mitigation technology.-- Corrosion prevention and mitigation technology includes a system comprised of at least one of the following: a corrosion- protective coating or paint; chemical treatment; corrosion- resistant metals; and cathodic protection. The Secretary from time to time by regulations or other guidance modify the list contained in the predecing sentence to reflect changes in corrosion prevention and mitigation technology. ``(4) Qualified property.--The term `qualified property' means property which is-- ``(A) comprised primarily of a metal susceptible to corrosion, ``(B) of a character subject to the allowance for depreciation, ``(C) originally placed in service by the taxpayer, and ``(D) located in the United States. ``(c) Recapture of Credit.-- ``(1) In general.--If, as of the close of any taxable year, there is a recapture event with respect to any qualified property for which a credit was allowed under subsection (a), the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(A) the applicable recapture percentage, and ``(B) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the qualified corrosion prevention and mitigation expenditures of the taxpayer with respect to such property had been zero. ``(2) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: ``If the property ceases to be qualified property The recapture within: percentage is: (i) One full year after placed in service......... 100 (ii) One full year after the close of the period 80 described in clause (i).......................... (iii) One full year after the close of the period 60 described in clause (ii)......................... (iv) One full year after the close of the period 40 described in clause (iii)........................ (v) One full year after the close of the period 20. described in clause (iv)......................... ``(B) Recapture event defined.--For purposes of this subsection, the term `recapture event' means-- ``(i) Cessation of use.--The cessation of use of the qualified property. ``(ii) Change in ownership.-- ``(I) In general.--Except as provided in subclauses (II), the disposition of a taxpayer's interest in the qualified property with respect to which the credit described in subsection (a) was allowable. ``(II) Agreement to assume recapture liability.--Subclause (I) shall not apply if the person acquiring the qualified property agrees in writing to assume the recapture liability of the person disposing of the qualified property. In the event of such an assumption, the person acquiring the qualified property shall be treated as the taxpayer for purposes of assessing any recapture liability (computed as if there had been no change in ownership). ``(III) special rule for tax exempt entities.--Subclause (II) shall not apply to any tax exempt entity (as defined in section 168(h)(2)). ``(iii) Special rules.-- ``(I) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(II) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. ``(III) No recapture by reason of casualty loss.--The increase in tax under this subsection shall not apply to a cessation of operation of the property as qualified property by reason of a casualty loss to the extent such loss is restored by reconstruction or replacement within a reasonable period established by the Secretary. ``(d) Denial of Double Benefit.--For purposes of this subtitle-- ``(1) Basis adjustments.-- ``(A) In general.--If a credit is determined under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(B) Certain dispositions.--If, during any taxable year, there is a recapture amount determined with respect to any property the basis of which was reduced under subparagraph (A), the basis of such property (immediately before the event resulting in such recapture) shall be increased by an amount equal to such recapture amount. For purposes of the preceding sentence, the term `recapture amount' means any increase in tax (or adjustment in carrybacks or carryovers) determined under subsection (c). ``(2) Other deductions and credits.--No deduction or credit shall be allowed under this chapter for any expense taken into account under this section. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (29), by striking the period at the end of paragraph (30) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(31) Corrosion prevention and mitigation credit determined under section 45N(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45M the following new item: ``Sec. 45N. Corrosion prevention and mitigation measures.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Corrosion Prevention Act of 2006 - Amends the Internal Revenue Code to allow a business-related tax credit for 50% of net expenditures for engineering design, materials, and application and installation of corrosion prevention and mitigation technology for depreciable property comprised primarily of metals susceptible to corrosion.

To amend the Internal Revenue Code of 1986 to encourage the use of corrosion prevention and mitigation measures in the construction and maintenance of business property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Treasury's Anti-Terror Tools Act''. SEC. 2. EXAMINING THE DEPARTMENT OF THE TREASURY'S COUNTER-TERROR FINANCING ROLE IN EMBASSIES. Within 180 days of the enactment of this Act, the Secretary of the Treasury shall issue a report to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate containing-- (1) a list of the United States embassies in which a full- time Department of the Treasury attache is stationed; (2) a list of the United States embassies at which a Department of the Treasury attache is assigned for temporary duty, the length of such assignments, and the reason why such assignments are not considered to be a permanent assignments; (3) how the Department of the Treasury's interests relating to anti-terror finance, money laundering, and related illicit finance issues are handled at other embassies, including a discussion of the reporting structure by which such issues are brought to the direct attention of the ambassador; (4) a description of the role the Department of the Treasury attaches play in advancing America's anti-terrorism financing interests; (5) a discussion of patterns, trends, or other issues identified by Department of the Treasury attaches in the previous year concerning anti-terror finance, money laundering, and related illicit finance; (6) recommendations to improve coordination between the Department of the Treasury and foreign financial ministries of efforts to block the financing of terror, money laundering, and related illicit finance; and (7) a discussion of whether the Department of the Treasury's interests relating to anti-terror finance, money laundering, or related illicit finance issues are thought to be under-represented in some embassies or regions. SEC. 3. CLARIFYING REQUIREMENTS FOR RECORDKEEPING. (a) In General.--Section 5326 of title 31, United States Code, is amended-- (1) in the heading of such section, by striking ``coin and currency''; (2) in subsection (a)-- (A) by striking ``subtitle and'' and inserting ``subtitle or to''; and (B) in paragraph (1)(A), by striking ``United States coins or currency (or such other monetary instruments as the Secretary may describe in such order)'' and inserting ``funds (as the Secretary may describe in such order),''; and (3) in subsection (b)-- (A) in paragraph (1)(A), by striking ``coins or currency (or monetary instruments)'' and inserting ``funds''; and (B) in paragraph (2), by striking ``coins or currency (or such other monetary instruments as the Secretary may describe in the regulation or order)'' and inserting ``funds (as the Secretary may describe in the regulation or order)''. (b) Clerical Amendment.--The table of contents for chapter 53 of title 31, United States Code, is amended in the item relating to section 5326 by striking ``coin and currency''. SEC. 4. STUDY OF BUREAU STATUS. (a) Study.--The Secretary of the Treasury shall carry out a study on the advisability and implications of transforming the Office of Terrorism and Financial Intelligence into a standalone bureau of the Department of the Treasury, and the effects such a move would have on the Department of the Treasury's efforts to stop money laundering, the financing of terror, and related illicit finance. (b) Report.--Within 270 days of the date of the enactment of this Act, the Secretary of the Treasury shall issue a report to the Committee on Financial Services and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Select Committee on Intelligence of the Senate containing all findings and determinations made in carrying out the study required under subsection (a). SEC. 5. IMPROVING ANTI-TERROR FINANCE MONITORING OF FUNDS TRANSFERS. (a) Study.--To improve the Department of the Treasury's ability to better track cross-border fund transfers and identify potential financing of terror or other illicit finance, the Secretary of the Treasury shall carry out a study to assess-- (1) the potential efficacy of requiring banking regulators to establish a pilot program to provide technical assistance to depository institutions and credit unions that wish to provide account services to money services businesses serving individuals in Somalia; (2) whether such a pilot program could be a model for improving the ability of Americans to legitimately send funds to their loved ones through transparent and easily monitored channels; and (3) the potential impact of allowing money services businesses to share their State examinations with depository institutions and credit unions, or if another mechanism could be found to allow a similar exchange of information that would give such depository institutions and credit unions a better understanding of whether an individual money services business is adequately meeting its anti-money laundering and counter terror financing obligations to combat money laundering, the financing of terror, or related illicit finance. (b) Report.--Within 270 days of the date of the enactment of this Act, the Secretary of the Treasury shall issue a report to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate containing all findings and determinations made in carrying out the study required under subsection (a). (c) Money Services Business Defined.--For purposes of this section, the term ``money services business'' has the meaning given that term under section 1010.100 of title 31, Code of Federal Regulations. SEC. 6. SENSE OF CONGRESS. It is the sense of the Congress that the Secretary of the Treasury, acting in the Secretary's own capacity and through the Under Secretary for Terrorism and Financial Crimes, should work with finance ministry counterparts worldwide to spur the development within such ministries of entities similar to the Department of the Treasury's Office of Intelligence and Analysis to more solidly integrate the intelligence community with anti-money laundering and counter-terrorist financing efforts. Passed the House of Representatives July 11, 2016. Attest: KAREN L. HAAS, Clerk.

Enhancing Treasury's Anti-Terror Tools Act (Sec. 2) This bill instructs the Department of the Treasury to report to Congress on the employment by U.S. embassies of full-time and temporary Treasury attaches and their role in advancing U.S. anti-terrorism financing interests, including concerning: how Treasury's interests relating to anti-terror finance, money laundering, and related illicit finance issues are handled at other embassies; issues identified by Treasury attaches concerning anti-terror finance, money laundering, and related illicit finance; recommendations to improve coordination between Treasury and foreign financial ministries of efforts to block the financing of terror, money laundering, and related illicit finance; and whether Treasury's interests relating to anti-terror finance, money laundering, or related illicit finance issues are thought to be underrepresented in some embassies or regions. (Sec. 3) The bill revises Treasury's authority to issue an order imposing recordkeeping and reporting requirements upon financial institutions and nonfinancial trade or business groups in certain geographic areas regarding transactions for the payment, receipt, or transfer of U.S. coins or currency (or other monetary instruments as Treasury may describe). Such an order may include all funds, not just U.S. coins or currency, involved in such transactions. (Sec. 4) Treasury shall study: the advisability and implications of transforming the Office of Terrorism and Financial Intelligence into a stand-alone bureau of Treasury, the potential efficacy of requiring banking regulators to establish a pilot technical assistance program for depository institutions and credit unions that furnish account services to money services businesses serving individuals in Somalia and whether it could improve the ability of Americans to legitimately send funds through transparent and easily monitored channels, and the potential impact of allowing money services businesses to share their state examinations with depository institutions and credit unions. (Sec. 6) The bill expresses the sense of Congress that Treasury should work with finance ministry counterparts worldwide to spur the development of entities similar to its Office of Intelligence and Analysis to integrate the intelligence community with anti-money laundering and counter-terrorist financing efforts.

Enhancing Treasury's Anti-Terror Tools Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Belarus Democracy Reauthorization Act of 2008''. SEC. 2. AMENDMENTS TO REAUTHORIZATION OF THE BELARUS DEMOCRACY ACT OF 2004. The Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended-- (1) in section 2-- (A) in paragraph (1), by striking ``the Republic of''; and (B) by striking paragraphs (3) through (11) and inserting the following new paragraphs: ``(3) The Government of Belarus has subjected thousands of pro-democratic political activists to frequent harassment, beatings, and jailings, particularly as a result of their attempts to peacefully exercise their right to freedom of assembly and association. ``(4) The Government of Belarus has attempted to maintain a monopoly over the country's information space, targeting independent media, including independent journalists, for systematic reprisals and elimination, while suppressing the right to freedom of speech and expression of those dissenting from the regime of Aleksandr Lukashenka. ``(5) The Government of Belarus has mounted a systematic campaign of harassment, repression, and closure of nongovernmental organizations, including independent trade unions and associations of entrepreneurs, and this crackdown has created a climate of fear that inhibits the development of civil society and social solidarity. ``(6) The Government of Belarus has increasingly subjected leaders and members of ethnic and religious minorities to harassment, including the imposition of heavy fines, denying permission to meet for religious services, prosecutions, and jail terms for activities in the practice of their faith. ``(7) The Government of Belarus has attempted to silence dissent by persecuting human rights and pro-democracy activists with threats, firings, expulsions, beatings and other forms of intimidation, and restrictions on freedom of movement and prohibition of international travel. ``(8) The President of Belarus, Aleksandr Lukashenka, has established himself in power by orchestrating an illegal and unconstitutional referendum that enabled him to impose a new constitution, abolishing the duly-elected parliament, the 13th Supreme Soviet, installing a largely powerless National Assembly, extending his term in office, and removing applicable term limits. ``(9) The Government of Belarus failed to make a convincing effort to solve the cases of disappeared opposition figures Yuri Zakharenka, Viktor Gonchar, and Anatoly Krasovsky and journalist Dmitry Zavadsky, even though credible allegations and evidence links top officials of the Government to these disappearance. ``(10) In 2006, the Government of Belarus conducted presidential elections that failed to meet standards of the Organization for Security and Cooperation in Europe (OSCE) for democratic elections, and the numerous detentions and arbitrary use of state power which accompanied the elections showed the disregard of the Government of Belarus for the basic rights to freedom of assembly, association, and expression, and reinforced doubts regarding the willingness of the Government of Belarus to tolerate political competition. ``(11) In 2008, the Government of Belarus released some political prisoners who had been imprisoned or served `corrective labor' sentences because of their political activity. ``(12) Aleksandr Kozulin, an opposition leader whom the Social Democratic Party nominated in 2006 as its candidate for President of Belarus, remains in prison, where he continues to serve a five and a half year term for his political activity. ``(13) The Department of State, Department of the Treasury, and other executive branch agencies have heretofore made effective use of this Act to promote the purposes of this Act, as stated in section 3 of this Act.''; (2) in section 3-- (A) in paragraph (1), by striking ``call upon'' and inserting ``continue to call for''; (B) in paragraphs (2) and (3)-- (i) by inserting ``continue to'' before ``support'' each place it appears; and (ii) by striking ``the Republic of'' each place it appears; (C) in paragraph (4), by striking ``seek and'' and inserting ``continue to''; (D) in paragraph (5)-- (i) by inserting ``continue to'' before ``refuse''; and (ii) by striking ``fatally'' and inserting ``fundamentally''; (E) in paragraph (6)-- (i) by inserting ``continue to'' before ``refuse''; and (ii) by striking ``and'' at the end; (F) in paragraph (7)-- (i) by inserting ``continue to'' before ``work''; and (ii) by striking the period at the end and inserting ``; and'' (G) by adding at the end the following new paragraph: ``(8) to remain open to reevaluating United States policy toward Belarus as warranted by demonstrable progress made by the Government of Belarus consistent with the aims of this Act as stated in this section.''; (3) in section 4-- (A) in subsection (a)(1), by striking ``the Republic of''; (B) in subsection (c)(1), by striking ``radio and television'' and inserting ``radio, television, and Internet''; and (C) in subsection (d)(1), by striking ``2007 and 2008'' and inserting ``2007 through 2010''; (4) in section 5-- (A) in the section heading, by striking ``radio and television'' and inserting ``radio, television, and internet''; (B) in subsection (a), by striking ``radio and television'' and inserting ``radio, television, and internet''; and (C) in subsection (b)-- (i) by inserting ``, and such sums as may be necessary for fiscal year 2009 and each subsequent fiscal year for Internet broadcasting,''; and (ii) by inserting before the period at the end the following: ``, including broadcasting by Radio Free Europe/Radio Liberty, the Voice of America, and European Radio for Belarus and Belsat''; (5) in section 6-- (A) in subsection (b)-- (i) in paragraph (4), by inserting ``student activists, ethnic minority and'' before ``religious organizations''; and (ii) in paragraph (5), by inserting before the period at the end the following: ``and violations of human rights''; (6) by redesignating section 9 as section 8; and (7) in section 8, as so redesignated-- (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (C) in paragraph (3)(B)(i), by striking ``and prosecutors'' and inserting ``, prosecutors, and heads of professional associations and educational institutions''.

Belarus Democracy Reauthorization Act of 2008 - Amends the Belarus Democracy Act of 2004 to authorize assistance to promote democracy and civil society in Belarus. Includes Internet broadcasting within the scope of increased support and funding for U.S. government and surrogate broadcasting to Belarus. Specifies that funding may be used for broadcasting by Radio Free Europe/Radio Liberty, the Voice of America, and European Radio for Belarus and Belsat. Includes cessation of repression against student activists and ethnic minorities among the criteria that the government of Belarus must meet in order to end U.S. sanctions under such Act.

To amend the Belarus Democracy Act of 2004 to reauthorize that Act, and for other purposes.