FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gynecologic Cancer Education and Awareness Act of 2005'' or ``Johanna's Law''. SEC. 2. CERTAIN PROGRAMS REGARDING GYNECOLOGIC CANCERS. (a) National Public Awareness Campaign.-- (1) In general.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall carry out a national campaign to increase the awareness and knowledge of women with respect to gynecologic cancers. (2) Written materials.--Activities under the national campaign under paragraph (1) shall include-- (A) maintaining a supply of written materials that provide information to the public on gynecologic cancers; and (B) distributing the materials to members of the public upon request. (3) Public service announcements.--Activities under the national campaign under paragraph (1) shall, in accordance with applicable law and regulations, include developing and placing, in telecommunications media, public service announcements intended to encourage women to discuss with their physicians their risks of gynecologic cancers. Such announcement shall inform the public on the manner in which the written materials referred to in paragraph (2) can be obtained upon request, and shall call attention to early warning signs and risk factors based on the best available medical information. (b) Demonstration Projects Regarding Outreach and Education Strategies.-- (1) In general.--The Secretary shall carry out a program to make grants to nonprofit private entities for the purpose of testing different outreach and education strategies to increase the awareness and knowledge of women and health care providers with respect to gynecologic cancers, including early warning signs and treatment options. Such strategies shall include strategies directed at physicians, nurses, and key health professionals and families. (2) Preferences in making grants.--In making grants under paragraph (1), the Secretary shall give preference-- (A) to applicants with demonstrated expertise in gynecologic cancer education or treatment or in working with groups of women who are at especially high risk of gynecologic cancers; and (B) to applicants that, in the demonstration project under the grant, will establish linkages between physicians, nurses, and key health professionals, hospitals, payers, and State health departments. (3) Application for grant.--A grant may be made under paragraph (1) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this subsection. (4) Certain requirements.--In making grants under paragraph (1)-- (A) the Secretary shall make grants to not fewer than five applicants, subject to the extent of amounts made available in appropriations Acts; and (B) the Secretary shall ensure that information provided through demonstration projects under such grants is consistent with the best available medical information. (5) Report to congress.--Not later than February 1, 2009, the Secretary shall submit to the Congress a report that-- (A) summarizes the activities of demonstration projects under paragraph (1); (B) evaluates the extent to which the projects were effective in increasing early detection of gynecologic cancers and awareness of risk factors and early warning signs in the populations to which the projects were directed; and (C) identifies barriers to early detection and appropriate treatment of such cancers. (c) Funding.-- (1) National public awareness campaign.--For the purpose of carrying out subsection (a), there is authorized to be appropriated in the aggregate $15,000,000 for the fiscal years 2006 through 2008. (2) Demonstration projects regarding outreach and education strategies.-- (A) Authorization of appropriations.--For the purpose of carrying out subsection (b), there is authorized to be appropriated in the aggregate $30,000,000 for the fiscal years 2006 through 2008. (B) Administration, technical assistance, and evaluation.--Of the amounts appropriated under subparagraph (A), not more than 9 percent may be expended for the purpose of administering subsection (b), providing technical assistance to grantees under such subsection, and preparing the report under paragraph (5) of such subsection.

Gynecologic Cancer Education and Awareness Act of 2005 or Johanna's Law - Directs the Secretary of Health and Human Services to carry out a national campaign to increase the awareness and knowledge of women with respect to gynecologic cancers, which shall include: (1) maintaining a supply of written materials to provide information to the public on gynecologic cancers; and (2) developing and placing public service announcements to encourage women to discuss their risks of gynecologic cancers with their physicians. Requires the Secretary to award grants to nonprofit private entities to test different outreach and education strategies for increasing such awareness among women and health professionals.

A bill to provide for programs to increase the awareness and knowledge of women and health care providers with respect to gynecologic cancers.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Cord Blood Education and Awareness Act of 2009''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Public education campaign. Sec. 4. Patient informed consent document. Sec. 5. Duty of certain professionals to disclose information to, and obtain informed consent from, pregnant patients. Sec. 6. Professional education. Sec. 7. Targeted education grants. Sec. 8. Authorization of appropriations. SEC. 2. FINDINGS. Congress finds the following: (1) Every 10 minutes, another child or adult is expected to die from leukemia, lymphoma or myeloma. Leukemia, lymphoma, and myeloma caused the deaths of an estimated 52,910 people in the United States in 2007 and accounted for nearly 9.4 percent of the deaths from cancer in 2008. In addition, leukemia causes more deaths than any other cancer among children and young adults under the age of 20. (2) As many as 16,000 leukemia patients diagnosed each year require a bone marrow transplant but have no matched relative or cannot find a match in the national bone marrow registry. There is a 1 in 4 chance that an newborn baby's cord blood cells would be a perfect match to a sibling that suffers from 1 of 70 blood diseases. (3) Umbilical cord blood stem cells (in this Act referred to as ``cord blood cells'') have effectively been used in the treatment of these conditions. To date, cord blood cells have been used in more than 14,000 transplants worldwide during the last 20 years. (4) Cord blood cells, like marrow and blood, is a rich source of stem cells for allogeneic transplantation, especially for children. Cord blood cells used in transplant result in a lower rate of graft versus host disease than bone marrow and are easier to match based on HLA typing. In addition, cord blood cells have also been used to treat effectively nonmalignant blood, immune, and metabolic disorders such as aplastic anemia, sickle cell anemia, severe combined immunodeficiencies, and leukodystrophies. (5) Researchers have found that in addition to blood cell precursors, cord blood cells contains many different types of stem cells--the building blocks of bones, the heart, liver, and nervous system. Further, cord blood cells have proven to be pluripotent, which means they have the ability to differentiate into every cell type in the human body. Cord blood cells have also been shown decrease inflammation and stimulate tissue repair. (6) Clinical research and experimental clinical use is underway to study the use of autologous cord blood cells to treat type 1 diabetes, brain injury, and cerebral palsy. In addition, preclinical research using cord blood cells is showing promise in treating hearing loss, renal failure, spinal cord injury, and congenital heart valve defects. (7) Of the more than 4,000,000 births in the United States each year, more than 90 percent of the cord blood cells are discarded as medical waste. Currently, less than one quarter of the States requires that expectant parents receive information regarding their options to bank their baby's cord blood in public or private blood banks. (8) In 2005, the Institute of Medicine submitted a report to Congress entitled ``Establishing National Hematopoietic Stem Cell Bank Program'', and recommended that ``donors must be provided with clear information about their options'', for cord blood cells and that ``the information provided to a donor must include a balanced perspective on the different options for banking'' cord blood cells. The Institute also recommended that ``informed consent for the collection storage and use of cord blood should be obtained before labor and delivery, and after the adequate disclosure of information.''. SEC. 3. PUBLIC EDUCATION CAMPAIGN. Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall develop and make publicly available, including by posting on the public website of the Department of Health and Human Services, a publication relating to umbilical cord blood that includes the following information: (1) An explanation of the potential value and uses of umbilical cord blood, including cord blood cells and stem cells, for individuals who are, as well as individuals who are not, biologically related to a mother or her newborn child. (2) An explanation of the differences between using one's own cord blood cells (autologous) and using related or unrelated cord blood stem cells (allogeneic use) in the treatment of disease. (3) An explanation of the differences between public and private umbilical cord blood banking. (4) The options available to a mother relating to stem cells that are contained in the umbilical cord blood after the delivery of her newborn, including-- (A) donating the stem cells to a public umbilical cord blood bank (where facilities are available); (B) storing the stem cells in a private family umbilical cord blood bank for use by immediate and extended family members; (C) storing the stem cells for immediate or extended family members through a family or sibling donor banking program that provides free collection, processing, and storage where there is an existing medical need; and (D) discarding the stem cells. (5) The medical processes involved in the collection of cord blood. (6) Medical or family history criteria that can impact a family's consideration of umbilical cord blood banking, including the likelihood of using a baby's cord blood to serve as a match for a family member who has a medical condition. (7) Options for ownership and future use of donated umbilical cord blood. (8) The average cost of public and private umbilical cord blood banking. (9) The availability of public and private cord blood banks, including-- (A) a list of public cord blood banks within the United States and the hospitals served by such banks; (B) a list of private cord blood banks that are accredited, as determined by the Secretary; and (C) the availability of free family banking and sibling donor programs where there is an existing medical need by a family member. (10) An explanation of which racial and ethnic groups are in particular need of publicly donated cord blood samples based upon medical data developed by the Health Resources and Services Administration. SEC. 4. PATIENT INFORMED CONSENT DOCUMENT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop a written patient informed consent document relating to cord blood disposition to be presented and signed, to the extent feasible, by an expectant woman not later than 2 weeks before her estimated delivery date. (b) Contents.--The document developed under subsection (a) shall include the following: (1) Information providing a balanced perspective on the different options for cord blood banking, including public donation, private banking, and disposal. (2) Information on the medical value of cord blood stem cells in the treatment of disease. (3) A declaration, to be signed, of a woman's chosen option for the disposition of a child's cord blood stem cells, whether public donation, private banking, or other disposal. SEC. 5. DUTY OF CERTAIN PROFESSIONALS TO DISCLOSE INFORMATION TO, AND OBTAIN INFORMED CONSENT FROM, PREGNANT PATIENTS. (a) Disclosure of Options.--Effective 1 year after the date of the enactment of this Act, each physician or other health care professional who is primarily responsible for the furnishing ambulatory prenatal care to a pregnant woman shall-- (1) prior to the beginning of the third trimester of the pregnancy (or, if later, at the first visit of such pregnant woman to the provider), provide her with information developed under section 3 relating to the woman's options with respect to umbilical cord blood banking; and (2) after providing such information and, to the extent feasible, not later than 2 weeks before the woman's estimated date of delivery, obtain a written informed consent described in section 4 relating to the woman's decision regarding disposition of cord blood stem cells or document that the provider sought such consent and the woman refused or declined to provide it. (b) Application.-- (1) Medicaid.-- (A) Section 1902(a) of the Social Security Act (42 U.S.C. 1396b(a)) is amended-- (i) by striking ``and'' at the end of paragraph (72); (ii) by striking the period at the end of paragraph (73) and inserting ``; and''; and (iii) by inserting after paragraph (73) the following new paragraph: ``(74) provide (A) that each physician or other health care professional who is primarily responsible for the furnishing ambulatory prenatal care to a pregnant woman and who is receiving funds under the plan for the furnishing of such care shall comply with the requirements of such section with respect to any pregnant woman to whom the provider furnishes such care; and (B) for a method to enforce such requirements.''. (B) Section 1903 of such Act (42 U.S.C. 1396c) is amended by adding at the end the following new subsection: ``(aa) If the Secretary finds that a State has not complied with the requirement of section 1902(a)(74)(B), the Secretary may provide for such reduction in payment otherwise made to the State under section 1902(a)(7) as may be appropriate, taking into account the costs the State would have incurred in complying with such requirement.''. (2) CHIP.--Section 2107(e)(1) of such Act (42 U.S.C. 1397hh(e)(1)) is amended by adding at the end the following new subparagraph: ``(M) Sections 1902(a)(74) and 1903(aa) (relating to informing pregnant women concerning blood cord banking).''. (3) Employer group health plans under erisa.--Section 609 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1169) is amended-- (A) by redesignating subsection (e) as subsection (f); and (B) by inserting after subsection (d) the following new subsection: ``(e) Informing Pregnant Women Concerning Blood Cord Banking.-- ``(1) In general.--A group health plan, and a health insurance issuer that offers group health insurance coverage, that provides benefits for ambulatory prenatal care for a pregnant woman through an agreement or arrangement with a physician or other health care professional who is primarily responsible for the furnishing ambulatory prenatal care to a pregnant woman shall require, as part of such agreement or arrangement with the physician or other professional, that the physician or professional comply with the requirements of such section with respect to any pregnant woman to whom the physician or professional furnishes such care. ``(2) Continued applicability of state law.--Section 731(a) shall apply with respect to paragraph (1) in the same manner as such section applies to part 7.''. (4) Effective date.--The amendments made by this subsection shall apply to physicians and other health care professionals with respect to agreements and arrangements entered into or renewed on or after the date of the enactment of this Act. SEC. 6. PROFESSIONAL EDUCATION. The Secretary shall develop professional educational materials on umbilical cord blood stem cells, including the publication developed under section 3, for health care providers who provide prenatal services to pregnant women. SEC. 7. TARGETED EDUCATION GRANTS. (a) In General.--The Secretary may make grants to entities for targeted education on current and medically accurate information about umbilical cord blood stem cells and the different options for banking such cells. (b) Targeted Groups.--In making grants under this section, the Secretary shall consider making grants for targeted education to-- (1) health care providers pursuant to section 6; (2) ethnic and racial minorities for whom public cord blood samples may be difficult to find; (3) families with a genetic history of diseases treated by cord blood; and (4) populations specifically affected by conditions currently treated with cord blood stem cells or conditions that may one day be treated with cord blood stem cells. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there are authorized to be appropriated $10,000,000 for fiscal year 2010 and $5,000,000 for each of fiscal years 2011 through 2014.

Cord Blood Education and Awareness Act of 2009 - Requires the Secretary of Health and Human Services (HHS) to develop a publication relating to umbilical cord blood that includes: (1) an explanation of the potential value and uses of umbilical cord blood; (2) the medical processes involved in the collection of cord blood; and (3) options for ownership and future use of donated umbilical cord blood. Directs the Secretary to develop a written patient informed consent document relating to cord blood disposition to be presented to and signed by the expectant woman not later than two weeks before her estimated delivery date. Requires such document to include: (1) information on the different options to cord blood banking; (2) information on the medical value of cord blood stem cells in treating disease; and (3) a declaration, to be signed, of a woman's chosen option for disposition. Directs each physician or other health care professional who is primarily responsible for furnishing ambulatory prenatal care to a pregnant woman to: (1) provide her with timely information relating to umbilical cord blood banking options; and (2) obtain written informed consent or a document that the woman refused or declined to provide such consent. Applies such requirement to state Medicaid plans and group health insurance plans. Directs the Secretary to develop professional educational materials on umbilical cord blood stem cells for health care providers who provide prenatal services. Authorizes the Secretary to make grants to entities for targeted education about umbilical cord blood stem cells and the different options for banking such cells.

To direct the Secretary of Health and Human Services to conduct a public education campaign on umbilical cord blood stem cells, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Christen O'Donnell Equestrian Helmet Safety Act of 2013''. SEC. 2. FINDINGS. The Congress finds the following: (1) Head injuries are the number one reason for hospital admissions of horseback riders and the leading cause of death following a horseback riding injury. (2) Over 100 deaths per year are estimated to result from equestrian related activities, with head injuries accounting for 3 of every 5 of these deaths. (3) Nearly 68,000 people visited the emergency room in 2012 as a result of horseback riding related injuries, with head injuries accounting for 22 percent and concussions accounting for 7 percent of these visits. (4) Horseback riding causes 11.7 percent of sports-related traumatic brain injuries, which is the largest percentage of any recreational sport. (5) Between 2001 and 2009, children under 19 made 3,638 emergency room visits per year for traumatic brain injuries resulting from horseback riding accidents. (6) Between 75 and 80 percent of head injuries occur while physically mounted on a horse--when a rider would normally be wearing his or her helmet. (7) Racing organizations require helmets, and as a result jockeys now sustain fewer head injuries than pleasure riders. (8) The U.S. Pony Clubs lowered head injury rates by 29 percent through mandatory helmet use. (9) Properly fitted ASTM/SEI certified helmets can reduce head injury-related deaths by 70 to 80 percent. SEC. 3. STANDARDS. (a) In General.--Every equestrian helmet manufactured on or after the date that is 9 months after the date of enactment of this Act shall meet-- (1) the interim standard specified in subsection (b), pending the establishment of a final standard pursuant to subsection (c); and (2) the final standard, once that standard has been established under subsection (c). (b) Interim Standard.--The interim standard for equestrian helmets is the American Society for Testing and Materials (ASTM) standard designated as F1163. (c) Final Standard.-- (1) Requirement.--Not later than 60 days after the date of enactment of this Act, the Consumer Product Safety Commission shall begin a proceeding under section 553 of title 5, United States Code, to-- (A) establish a final standard for equestrian helmets that incorporates all the requirements of the interim standard specified in subsection (b); (B) provide in the final standard a mandate that all approved equestrian helmets be certified to the requirements promulgated under the final standard by an organization that is accredited to certify personal protection equipment in accordance with ISO Guide 65; and (C) include in the final standard any additional provisions that the Commission considers appropriate. (2) Inapplicability of certain laws.--Sections 7 and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and 2058) shall not apply to the proceeding under this subsection, and section 11 of such Act (15 U.S.C. 2060) shall not apply with respect to any standard issued under such proceeding. (3) Effective date.--The final standard shall take effect not later than 1 year after the date it is issued. (d) Failure To Meet Standards.-- (1) Failure to meet interim standard.--Until the final standard takes effect, an equestrian helmet that does not meet the interim standard, required under subsection (a)(1), shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act. (2) Status of final standard.--The final standard developed under subsection (c) shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act. SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS. There is authorized to be appropriated to the Consumer Product Safety Commission to carry out this Act, $500,000 for fiscal year 2014, which amount shall remain available until expended. SEC. 5. DEFINITIONS. In this Act: (1) Approved equestrian helmet.--The term ``approved equestrian helmet'' means an equestrian helmet that meets-- (A) the interim standard specified in section 3(b), pending establishment of a final standard under section 3(c); and (B) the final standard, once it is effective under section 3(c). (2) Equestrian helmet.--The term ``equestrian helmet'' means a hard shell head covering intended to be worn while participating in an equestrian event or activity.

Christen O'Donnell Equestrian Helmet Safety Act of 2013 [sic] - Establishes an interim standard for equestrian helmets manufactured nine months after enactment of this Act, pending establishment of a final standard. Directs the Consumer Product Safety Commission (CPSC) to begin rulemaking proceedings for development of a final standard. Excludes such proceedings from specified laws governing the CPSC's reliance on voluntary standards, the development of consumer product safety rules, and the CPSC's regulation of consumer products in accordance with other laws. Prohibits application of judicial review provisions to any standard issued pursuant to such proceedings. Requires any failure to meet the interim standard to be treated as a violation of a consumer product safety standard promulgated under the Consumer Product Safety Act (CPSA). Requires any final standard to be considered a CPSA consumer product safety standard.

Christen O'Donnell Equestrian Helmet Safety Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Vessel Emissions Reduction Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) emissions of air pollutants from marine vessels contribute significantly to dangerous air pollution in many areas in the United States; (2) current levels of control on those emissions are not adequate to protect air quality and public health; (3) to protect air quality and public health, efforts by State and local governments to control emissions from marine vessels must be augmented by the Federal Government; (4) although the Environmental Protection Agency may require additional controls on domestic and international marine vessels entering United States ports, significant emission reductions must be achieved in the near future; and (5) it is urgent and necessary to require the Administrator of the Environmental Protection Agency to establish standards to reduce emissions of air pollutants from marine vessels in a sufficient period of time to allow all areas in the United States to meet air quality standards in accordance with applicable deadlines. SEC. 3. MARINE VESSEL FUEL SULFUR. Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended-- (1) by redesignating the first subsection (r) (relating to fuel and fuel additive importers and importation) as subsection (u) and moving that subsection so as to appear at the end of the section; and (2) by inserting after subsection (o) the following: ``(p) Marine Vessel Fuel Sulfur.-- ``(1) In general.--Subject to paragraph (3), not later than December 15, 2008, the Administrator shall promulgate regulations that, effective beginning on December 31, 2010, require marine vessels described in paragraph (2) to use fuel that contains not more than 1,000 parts per million of sulfur in the main and auxiliary engines of the vessels. ``(2) Applicability.--The regulations promulgated pursuant to paragraph (1) shall apply to all marine vessels, including any vessel flagged in a country other than the United States, at any time at which the vessels are, on entering or leaving a port or offshore terminal of the United States-- ``(A) within 200 miles of the west coast of the continental United States; and ``(B) within such distance of the east coast or Gulf coast of the United States, or the shoreline of the Great Lakes or St. Lawrence Seaway, as the Administrator determines to be appropriate for the purpose of protecting public health and the environment. ``(3) Interim requirement.-- ``(A) In general.--Notwithstanding the requirement of paragraph (1), the Administrator may promulgate regulations under that paragraph that permit marine vessel fuel sulfur content in excess of 1,000 parts per million if the Administrator determines that compliance with the requirement of paragraph (1) is not technically feasible by December 31, 2010. ``(B) Regulations.--If the Administrator makes a determination described in subparagraph (A), the Administrator shall promulgate regulations that require marine vessels-- ``(i) beginning on December 31, 2010, to use fuel that contains-- ``(I) the lowest quantity of sulfur that is technically feasible by that date; and ``(II) in no event a quantity of sulfur in excess of 2,000 parts per million; and ``(ii) to achieve compliance with the requirement of paragraph (1) on the earliest practicable date by which compliance is technically feasible. ``(4) Alternative compliance mechanism.--The Administrator may provide for an alternative mechanism of compliance under this subsection for a marine vessel if the Administrator determines that-- ``(A) the vessel employs a control technology that reduces emissions from the vessel of sulfur oxides and particulate matter to at least the same degree as the reduction that would be achieved by the vessel through compliance with the applicable fuel sulfur content limitation under this subsection; and ``(B) the emission reductions achieved as described in subparagraph (A) are in addition to any reductions required to achieve compliance with an applicable engine emission standard issued by the Administrator or the head of another Federal agency. ``(5) No effect on other authority.--Nothing in this subsection limits or otherwise affects any authority of the Administrator to regulate fuels or fuel additives for use in marine vessels or any other nonroad vehicle or engine under this Act or any other provision of law.''. SEC. 4. ADVANCED MARINE VESSEL EMISSION CONTROLS. Section 213 of the Clean Air Act (42 U.S.C. 7547) is amended-- (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following: ``(d) Advanced Marine Vessel Emission Controls.-- ``(1) Standards for oceangoing vessels.-- ``(A) In general.--Not later than December 15, 2008, the Administrator shall promulgate, and from time to time revise, regulations that establish standards for emissions of oxides of nitrogen, particulate matter, hydrocarbons, and carbon monoxide from newly- manufactured and in-use main and auxiliary engines in oceangoing marine vessels that enter or leave a port or offshore terminal of the United States. ``(B) Requirement.--The standards under subparagraph (A) shall require, effective beginning on January 1, 2012, that the engines described in that subparagraph achieve the greatest degree of emission reduction achievable through the application of technology that the Administrator determines, in accordance with this paragraph, will be available for the affected engines. ``(C) Additional factors for consideration.-- ``(i) In general.--In promulgating a standard under this paragraph, the Administrator shall take into consideration-- ``(I) whether the engine is newly- manufactured or in-use (and, if the engine is in-use, the age of the engine); ``(II) the cost of applying an emission reduction technology in a period of time sufficient to achieve compliance with the standard; ``(III) noise, energy, and safety factors associated with the application of the technology; and ``(IV) the feasibility, benefits, and costs of requiring-- ``(aa) the maximum level of control required by regulations applicable to on-road, nonroad, and stationary engines; and ``(bb) the maximum level of control achieved by sources from which control technologies may be transferred, including sources that use advanced aftertreatment technologies. ``(ii) Determination.-- ``(I) In general.--If the Administrator determines, after consideration of the factors described in clause (i), that a maximum level of control described in clause (i)(IV) will not be technically achievable by January 1, 2012, the Administrator shall promulgate standards under subparagraph (A) that require the maximum level of control that the Administrator determines will be technically achievable by that date. ``(II) Additional standards.--If the Administrator makes a determination under subclause (I), the Administrator shall promulgate additional standards under subparagraph (A) that require, effective beginning on January 1, 2016-- ``(aa) the maximum level of control described in clause (i)(IV); or ``(bb) if the Administrator determines, after consideration of the factors described in clause (i), that a maximum level of control described in subclause (IV) of that clause is not technically achievable by January 1, 2016, the maximum level of control that the Administrator determines will be technically achievable by that date. ``(2) Applicability.--Standards applicable to marine engines and marine vessels promulgated under this section shall be applicable to vessels that enter or leave a port or offshore terminal of the United States, including vessels flagged in any country other than the United States. ``(3) Enforcement.-- ``(A) In general.--The standards established under this subsection shall be enforced in accordance with subsection (f). ``(B) Enforcement against certain persons.--At the discretion of the Administrator, any standard established under this subsection relating to in-use engines may be enforced against-- ``(i) the owner or operator of an in-use engine; ``(ii) any person that rebuilds or maintains an in-use engine; or ``(iii) such other person as the Administrator determines to be appropriate. ``(4) No effect on other authority.--Nothing in this subsection limits or otherwise affects any authority of the Administrator to regulate emissions of engines in marine vessels under this Act or any other provision of law.''.

Marine Vessel Emissions Reduction Act of 2008 - (Sec. 3) Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations that require specified marine vessels to use fuel that contains not more than 1,000 parts per million of sulfur in their main and auxiliary engines, effective December 31, 2010. Applies such regulations to marine vessels that are within 200 miles of the coasts of the continental United States or the shoreline of the Great Lakes or St. Lawrence Seaway, as the Administrator determines to be appropriate for the purpose of protecting public health and the environment. Authorizes interim regulations that permit sulfur content in excess of 1,000 parts per million if the Administrator determines that compliance with such requirement is not technically feasible by such date. Requires any such interim regulations to require marine vessels to: (1) use fuel that contains the lowest quantity of sulfur that is technically feasible by such date not exceeding 2,000 parts per million; and (2) achieve compliance with the 1,000 parts per million standard on the earliest date technically feasible. Authorizes the Administrator to provide for an alternative mechanism of compliance for a marine vessel if: (1) the vessel employs a control technology that reduces emissions of sulfur oxides and particulate matter to at least the same degree as the reduction that would be achieved through compliance with the applicable fuel sulfur content limitation; and (2) the emission reductions achieved are in addition to any reductions required to achieve compliance with an applicable engine emission standard. (Sec. 4) Requires: (1) the Administrator, no later than December 15, 2008, to establish and periodically revise standards for emissions of oxides of nitrogen, particulate matter, hydrocarbons, and carbon monoxide from newly-manufactured and in-use main and auxiliary engines in oceangoing marine vessels that enter or leave a U.S. port or offshore terminal; and (2) such standards to require, beginning January 1, 2012, that the engines achieve the greatest degree of emission reduction achievable through the application of available technology. Sets forth factors for the Administrator to consider when promulgating such standards. Directs the Administrator, upon determining that the maximum level of control required by regulations applicable to on-road, nonroad, and stationary engines or achieved by sources from which control technologies may be transferred (including sources that use advanced aftertreatment technologies) will not be technically achievable by January 1, 2012, to promulgate: (1) standards that require the level of control that will be technically achievable by that date; and (2) additional standards that require either such maximum level of control or the level that will be technically achievable beginning January 1, 2016. Requires such standards to apply to vessels that enter or leave a port or offshore terminal of the United States. Provides for the enforcement of in-use engine standards against: (1) owners or operators; and (2) persons that rebuild or maintain such engines.

A bill to amend the Clean Air Act to reduce air pollution from marine vessels.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountable Budgeting Commission Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) President Lyndon Johnson created the Commission on Budget Concepts in 1967 by executive order to assess the basic budget concepts that underlie the Federal budget process; (2) the Commission's report provided a common framework for the development, presentation, and execution of the Federal budget for the ensuing decades; (3) since the release of that report, the Government has experienced major changes in the scope of its financial commitments, the nature of its various budget transactions, the role of Congress in budget decisions, and the imposition of special controls over spending and revenue; and (4) in view of these changes, a new Accountable Budgeting Commission should be created to assess the present state of budget concepts and forge a bipartisan consensus for necessary changes. (b) Purpose.--The purpose of this Act is to establish the Accountable Budgeting Commission to review, evaluate, and make recommendations respecting the budget concepts that underlie the Federal budget and the Federal budget process. SEC. 3. ESTABLISHMENT OF ACCOUNTABLE BUDGETING COMMISSION. There is established a commission to be known as the Accountable Budgeting Commission (hereinafter referred to as the ``Commission''). SEC. 4. POWERS AND DUTIES OF COMMISSION. (a) Duties of the Commission.-- (1) The duties of the Commission shall include-- (A) an identification of activities, entities, and transactions to be included in the Federal budget and the criteria for making such determinations; (B) an assessment of the appropriate measures of Federal financial commitments to allocate resources and establish fiscal policy; (C) an evaluation of the differences between user fees and revenue, and between various forms of user fees, and the circumstances when such fees should be accounted for as offsetting spending or adding to revenue; (D) an appraisal of the appropriate usage of cash and accrual-based measures for various types of Federal financial commitments, such as Government insurance, loan guarantees, and leasing; (E) recommendations of the appropriate means for recognizing the cost of acquisition and disposition of various types of nonfinancial assets; (F) an evaluation of appropriate measures of Federal debt, borrowing, and means of financing; (G) an assessment of the adequacy of the current account and fund structure for recording revenue and expenditures for specific classes of governmental activities; (H) recommendations for changes in Federal budget practices to accommodate the Federal Accounting Standards Advisory Board's recommended accounting standards; (I) recommendations for changes in budget practices to reflect the Government's multi-year acquisitions; (J) the appropriate means of accounting for the financial risk the Government incurs from contractual and implied commitments; and (K) an evaluation of the usage of dynamic scoring analysis. (2) Exceptions.--Notwithstanding paragraph (1), the Commission shall make no findings, conclusions, or recommendations respecting the following: (A) Social security and medicare. (B) Government-sponsored enterprises. (b) Powers of the Commission.-- (1) Conduct of business.--The Commission may hold hearings, take testimony, receive evidence, and undertake such other activities necessary to carry out its duties. (2) Access to information.--The Commission may secure directly from any department or agency of the United States information necessary to carry out its duties. Upon request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (3) Postal service.--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. SEC. 5. MEMBERSHIP. (a) Membership.--The Commission shall be composed of 12 voting members and 4 nonvoting members, as follows: (1) Two members appointed by the chairman of the Committee on the Budget of the Senate. (2) Two members appointed by the chairman of the Committee on the Budget of the House of Representatives. (3) Two members appointed by the ranking member of the Committee on the Budget of the Senate. (4) Two members appointed by the ranking member of the Committee on the Budget of the House of Representatives. (5) One member appointed by the Speaker of the House of Representatives. (6) One member appointed by the President of the Senate. (7) One member appointed by the minority leader of the House of Representatives. (8) One member appointed by the minority leader of the Senate. (9) The Director of the Office of Management and Budget (or his designee), who shall be a nonvoting member. (10) The Secretary of the Treasury (or his designee), who shall be a nonvoting member. (11) The Comptroller General of the United States (or his designee), who shall be a nonvoting member. (12) The Director of the Congressional Budget Office (or his designee), who shall be a nonvoting member. (b) Qualifications and Term.-- (1) Qualifications.--Members appointed to the Commission pursuant to subsection (a) shall-- (A) have expertise and experience in the fields or disciplines related to the subject areas to be considered by the Commission; and (B) not be Members of Congress, or officers or employees of the Government (other than those nonvoting members described in paragraphs (9) through (12) of subsection (a)). (2) Term of appointment.--The term of an appointment to the Commission shall be for the life of the Commission. (3) Chair and vice chair.--A Chair and Vice Chair shall be elected from among the voting members of the Commission. The Vice Chair shall assume the duties of the Chair in the Chair's absence. (c) Meetings; Quorum; and Vacancies.-- (1) Meetings.--The Commission shall meet at least once a month on a day to be decided by the Commission. The Commission may meet at such other times at the call of the Chair or of a majority of its voting members. The meetings of the Commission shall be open to the public, unless by public vote, the Commission shall determine to close a meeting or any portion of a meeting to the public. (2) Quorum.--A majority of the voting membership shall constitute a quorum of the Commission, except that 3 or more voting members may conduct hearings. (3) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was filled under subsection (a). (d) Compensation and Expenses.--Members of the Commission shall serve without pay for their service on the Commission, but may receive 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. SEC. 6. STAFF AND SUPPORT SERVICES. (a) Staff.--With the advance approval of the Commission, the executive director may appoint such personnel as is appropriate. The staff of the Commission shall be appointed without regard to political affiliation and without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classifications and General Schedule pay rates. (b) Executive Director.--The Chairman shall appoint an executive director, who shall be paid the rate of basic pay for level II of the Executive Schedule. (c) Experts and Consultants.--With the advance approval of the Commission, the executive director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Technical and Administrative Assistance.--Upon the request of the Commission-- (1) the head of any agency, office, or establishment within the executive or legislative branches of the United States shall provide, without reimbursement, such technical assistance as the Commission determines is necessary to carry out its duties; and (2) the Administrator of the General Services Administration shall provide, on a reimbursable basis, such administrative support services as the Commission may require. (e) Detail of Federal Personnel.--Upon the request of the Commission, the head of an agency, office, or establishment in the executive or legislative branch of the United States is authorized to detail, without reimbursement, any of the personnel of that agency, office, or establishment to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the employment status or privileges of that employee. (f) CBO and OMB.--The Directors of the Congressional Budget Office and the Office of Management and Budget shall provide the Commission with their latest research on the accuracy of its past budget and economic projections. The Commission shall work with the Directors of the Congressional Budget Office and the Office of Management and Budget in their efforts to explain the factors affecting the accuracy of budget projections. SEC. 7. REPORT. Not later than one year after the date of enactment of this Act, the Commission shall transmit a report to the President and to each House of Congress. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative or administrative actions as it considers appropriate. No finding, conclusion, or recommendation may be made by the Commission unless approved by a majority of those voting and at least two members serving under paragraph (1) or (4) of such section, a quorum being present. At the request of any Commission member, the report shall include that member's dissenting findings, conclusions, or recommendations. SEC. 8. TERMINATION. The Commission shall terminate 30 days after the date of transmission of the report required in section 7. SEC. 9. FUNDING. There are authorized to be appropriated not more than $1,500,000 to carry out this Act. Sums so appropriated shall remain available until expended.

Accountable Budgeting Commission Act of 2006 - Establishes the Accountable Budgeting Commission to review, evaluate, and make recommendations respecting the budget concepts that underlie the federal budget and its process. Prohibits the Commission from making findings, conclusions, or recommendations with respect to Social Security, Medicare, or government-sponsored enterprises (GSEs).

To establish the Accountable Budgeting Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Empowerment and Advocacy Act of 2009''. SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS. (a) Adjustments to Discretionary Spending Limits.--In the matter that precedes subparagraph (A) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985, strike ``through 2002''. (b) Discretionary Spending Limit.--Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) Strike paragraphs (1) through (16) and insert the following new paragraphs: ``(1) with respect to fiscal year 2010, for the discretionary category: $925,119,000,000 in total new budget authority; ``(2) with respect to fiscal year 2011, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (1) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2009; ``(3) with respect to fiscal year 2012, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority provided under paragraph (2) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2010; ``(4) with respect to fiscal year 2013, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (3) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2011; and ``(5) with respect to fiscal year 2014, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (4) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2012;''. (c) Adjustments to Discretionary Spending Limits.-- (1) Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking subparagraphs (C) through (H) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Accrual accounting.--If a bill or joint resolution is enacted that charges Federal agencies for the full cost of accrued Federal retirement and health benefits and a bill or joint resolution making appropriations is enacted that provides new budget authority to carry out the legislation charging Federal agencies for such accrued costs, the adjustment shall be equal to the reduction in mandatory budget authority and the outlays flowing therefrom estimated to result from the legislation charging Federal agencies for such accrued costs.''. (2) Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking the last sentence. (d) Definition of Consumer Price Index.--Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraph: ``(11) The term `Consumer Price Index' refers to the Consumer Price Index for All Urban Consumers (all items; United States city average), published by the Bureau of Labor Statistics.''. SEC. 3. EXTENSION OF PAY-AS-YOU-GO. Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``SEC. 252. ENFORCING PAY-AS-YOU-GO. ``(a) Purpose.--The purpose of this section is to assure that any legislation enacted before October 1, 2015, affecting direct spending that increases the deficit will trigger an offsetting sequestration. ``(b) Sequestration.-- ``(1) Timing.--Not later than 15 calendar days after the date Congress adjourns to end a session and on the same day as a sequestration (if any) under section 251, there shall be a sequestration to offset the amount of any net deficit increase caused by all direct spending legislation enacted before October 1, 2015, as calculated under paragraph (2). ``(2) Calculation of deficit increase.--OMB shall calculate the amount of deficit increase or decrease by adding-- ``(A) all OMB estimates for the budget year of direct spending legislation transmitted under subsection (d); ``(B) the estimated amount of savings in direct spending programs applicable to budget year resulting from the prior year's sequestration under this section or, if any, as published in OMB's final sequestration report for that prior year; ``(C) any net deficit increase or decrease in the current year resulting from all OMB estimates for the current year of direct spending legislation transmitted under subsection (d) of this section that were not reflected in the final OMB sequestration report for the current year; and ``(D) for fiscal year 2010, before making the calculations required in subparagraphs (A) through (C), OMB shall assume an automatic deficit increase of $58,160,000,000. ``(c) Eliminating a Deficit Increase.--(1) The amount required to be sequestered in a fiscal year under subsection (b) shall be obtained from non-exempt direct spending accounts from actions taken in the following order: ``(A) First.--All reductions in automatic spending increases specified in section 256(a) shall be made. ``(B) Second.--If additional reductions in direct spending accounts are required to be made, the maximum reductions permissible under sections 256(b) (guaranteed and direct student loans) and 256(c) (foster care and adoption assistance) shall be made. ``(C) Third.--(i) If additional reductions in direct spending accounts are required to be made, each remaining non- exempt direct spending account shall be reduced by the uniform percentage necessary to make the reductions in direct spending required by paragraph (1). ``(ii) For purposes of determining reductions under clause (i), outlay reductions (as a result of sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as outlay reductions in the fiscal year of the sequestration. ``(2) For purposes of this subsection, accounts shall be assumed to be at the level in the baseline for fiscal year 2011 and for fiscal years 2012 through 2015 at the baseline after adjusting for any sequester in fiscal year 2010. ``(d) Estimates.-- ``(1) CBO estimates.--As soon as practicable after Congress completes action on any direct spending, CBO shall provide an estimate to OMB of that legislation. ``(2) OMB estimates.--Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any direct spending, OMB shall transmit a report to the House of Representatives and to the Senate containing-- ``(A) the CBO estimate of that legislation; ``(B) an OMB estimate of that legislation using current economic and technical assumptions; and ``(C) an explanation of any difference between the 2 estimates. ``(3) Significant differences.--If during the preparation of the report under paragraph (2) OMB determines that there is a significant difference between the OMB and CBO estimates, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation, to the extent practicable, shall include written communication to such committees that affords such committees the opportunity to comment before the issuance of that report. ``(4) Scope of estimates.--The estimates under this section shall include the amount of change in outlays for the current year (if applicable), the budget year, and each outyear excluding any amounts resulting from-- ``(A) full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates; and ``(B) emergency provisions as designated under subsection (e). ``(5) Scorekeeping guidelines.--OMB and CBO, after consultation with each other and the Committees on the Budget of the House of Representatives and the Senate, shall-- ``(A) determine common scorekeeping guidelines; and ``(B) in conformance with such guidelines, prepare estimates under this section. ``(e) Emergency Legislation.--If a provision of direct spending legislation is enacted that the President designates as an emergency requirement and that the Congress so designates in statute, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be designated as an emergency requirement in the reports required under subsection (d) of this section.''. SEC. 4. CONFORMING AMENDMENTS. (a) Expiration.--(1) Section 254(c)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2015''. (2) Section 254(f)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2015''. (b) Expiration.--Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2015''. SEC. 5. EMERGENCY SPENDING LEGISLATION AND THE BASELINE. (a) In General.--Section 257(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting ``, except for emergency appropriations covered by section 251(b)(2)(A) and emergency legislation covered by section 252(e)'' before the period. (b) Direct Spending and Receipts.--Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph: ``(E) Emergency legislation covered by section 252(e) shall not be extended in the baseline.''. (c) Discretionary Appropriations.--Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: ``(7) Emergency appropriations covered by section 251(b)(2)(A) shall not be extended in the baseline.''. SEC. 6. OMB EMERGENCY CRITERIA. (a) Definition of Emergency.--Section 3 of the Congressional Budget and Impoundment Control Act of 1974 (as amended by section 2(d)) is further amended by adding at the end the following new paragraph: ``(12)(A) The term `emergency' means a situation that-- ``(i) requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and ``(ii) is unanticipated. ``(B) As used in subparagraph (A), the term `unanticipated' means that the underlying situation is-- ``(i) sudden, which means quickly coming into being or not building up over time; ``(ii) urgent, which means a pressing and compelling need requiring immediate action; ``(iii) unforeseen, which means not predicted or anticipated as an emerging need; and ``(iv) temporary, which means not of a permanent duration.''. (b) Conforming Amendment.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: ``(20) The term `emergency' has the meaning given to such term in section 3 of the Congressional Budget and Impoundment Control Act of 1974.''. SEC. 7. RULE RESPECTING DESIGNATION OF LEGISLATIVE PROVISION AS AN EMERGENCY. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``rule respecting designation of legislative provision as an emergency ``Sec. 316. (a) Guidance.--In making a designation of a provision of legislation as an emergency requirement under section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985, the committee report and any statement of managers accompanying that legislation shall analyze whether a proposed emergency requirement meets the definition of an `emergency' set out in section 3 of the Congressional Budget and Impoundment Control Act of 1974. ``(b) In General.--It shall not be in order in the Senate or the House of Representatives to consider any bill, joint resolution, or conference report that contains an emergency designation under section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 unless the proposed emergency requirement meets the definition of an `emergency' set out in section 3 of the Congressional Budget and Impoundment Control Act of 1974. ``(c) Waiver and Appeal in the Senate.--This section may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three- fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section. ``(d) Enforcement in the House of Representatives.--It shall not be in order in the House of Representatives to consider a rule or order that waives the application of subsection (b). ``(e) Disposition of Points of Order in the House.--As disposition of a point of order under subsection (b) or subsection (d), the Chair shall put the question of consideration with respect to the proposition that is the subject of the point of order. A question of consideration under this section shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent of the point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. ``(f) Effect on Amendment in Order as Original Text in the House.-- The disposition of the question of consideration under this section with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Rule respecting designation of legislative provision as an emergency.''.

Taxpayer Empowerment and Advocacy Act of 2009 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend through FY2014 the spending limits (spending caps) for the discretionary categories in new budget authority and outlays. Revises requirements for adjustments to discretionary spending limits in sequestration reports by the Office of Management and Budget (OMB). Repeals such requirements relating to: (1) continuing disability reviews by the Social Security Administration (SSA); (2) allowances for the International Monetary Fund (IMF) and for specified international arrearages; (3) an Earned Income Tax Credit (EITC) compliance initiative; (4) adoption incentive payments for the Department of Health and Human Services; and (5) conservation spending. Requires that, if legislation is enacted that charges federal agencies for the full cost of accrued federal retirement and health benefits, and a measure is enacted making appropriations that provides new budget authority to carry out such legislation, the adjustment shall be equal to the reduction in mandatory budget authority and outlays estimated resulting from such legislation. Extends Pay-As-You-Go (PAYGO) requirements and enforcement mechanisms through FY2014. Revises formulae for the calculation of a deficit increase or decrease and for elimination of a deficit increase. Requires the Office of Management and Budget (OMB) to assume an automatic deficit increase of $58.160 billion for FY2010 before making a calculation of deficit increase or decrease. Modifies the formula for eliminating a deficit increase. Repeals the limitation on reductions of certain Medicare programs and the increase (if necessary) to the uniform percentage applicable to all other direct spending programs to a level sufficient to achieve the required reduction in direct spending. Assumes non-exempt direct spending accounts to be at the level in the baseline for FY2011, and for FY2012-FY2015 at the baseline after adjusting for any sequester in FY2010. Repeals the exclusion from Congressional Budget Office (CBO) estimates and OMB reports to Congress on emergency legislation of direct spending legislation to cover agricultural crop disaster assistance. (Thus requires the amount of new budget authority, outlays, and receipts of all fiscal years resulting from direct spending legislation to cover such crop disaster assistance.) Modifies the baseline to exclude certain emergency appropriations and emergency spending legislation. Amends the Congressional Budget Act of 1974 to make it out of order to consider in the Senate or House any legislation that contains an emergency designation under the Gramm-Rudman-Hollings Act unless it meets a specified new definition of "emergency" set out in the Congressional Budget and Impoundment Control Act of 1974. Makes it out of order to consider in the House a rule or order that waives such application.

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits through fiscal year 2014, to extend paygo for direct spending, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gestational Diabetes Act of 2006'' or the ``GEDI Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The prevalence of gestational diabetes among pregnant women in the United States is increasing. (2) Gestational diabetes, which is similar to chronic forms of diabetes, normally appears at 24 to 28 weeks' gestation and occurs in approximately 4 to 8 percent of pregnant women. (3) The causes of gestational diabetes are unknown, but genetics, excess weight, ethnicity, and age are considered risk factors for the condition. (4) There is disagreement among physicians about how to treat gestational diabetes, as well as the effectiveness of current treatment regimens. (5) Gestational diabetes, which can cause preeclampsia, also increases a pregnant woman's risk for developing the condition in subsequent pregnancies. (6) Infants of women who develop gestational diabetes may have extreme increases in birth weight and the risks related to difficulties during the birthing process, and some of the infants born to these women-- (A) may subsequently have low blood sugar or jaundice during the newborn period; (B) are at an increased risk for obesity and birth trauma; and (C) are at an increased risk of developing type 2 diabetes as an adolescent or adult. (7) About 15 percent of infertility cases are linked to weight disorders, most often being overweight or obese. Obesity affects fertility and is also associated with increased morbidity for both the mother and the child. (8) Improved nutritional and physical health care, both before and during pregnancy, may significantly decrease the rates of gestational diabetes. (9) Ten percent of obese pregnant women are estimated to have gestational diabetes. (10) Obesity potentially leads to a higher rate of induction and primary caesarean section. SEC. 3. GESTATIONAL DIABETES. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXIX--GESTATIONAL DIABETES ``SEC. 2901. UNDERSTANDING AND MONITORING GESTATIONAL DIABETES AND OBESITY DURING PREGNANCY. ``(a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall convene a Research Advisory Committee. ``(b) Membership.--Membership in the Research Advisory Committee-- ``(1) shall include-- ``(A) a representative from the Agency for Healthcare Research and Quality; ``(B) a representative from the Centers for Disease Control and Prevention; ``(C) a representative from the National Institutes of Health; ``(D) a representative from the Office of Minority Health; ``(E) a representative from the Indian Health Service; and ``(F) representatives from other appropriate Federal agencies; and ``(2) may include representatives from other appropriate organizations. ``(c) Matters To Be Studied.--The Director of the Centers for Disease Control and Prevention, in consultation with the Research Advisory Committee, shall develop a multisite, gestational diabetes research project within the diabetes program of the Centers for Disease Control and Prevention to expand and enhance surveillance data and public health research on gestational diabetes. The project shall address-- ``(1) the use of consistent standards to measure gestational diabetes; ``(2) the procedures to establish accurate and efficient systems for the collection of gestational diabetes data within each State; ``(3) the progress of collaborative activities with the National Vital Statistics System, the National Center for Health Statistics, and State health departments with respect to the standard birth certificate, in order to improve surveillance of gestational diabetes; ``(4) the establishment of procedures for reporting gestational diabetes data to the Centers for Disease Control and Prevention; ``(5) post-natal methods of tracking women who had gestational diabetes after delivery and the development of ways to lower the incidence of type 2 diabetes in that population; ``(6) variations in the distribution of diagnosed and undiagnosed diabetes and of impaired fasting glucose tolerance and impaired fasting glucose within and among groups of women; and ``(7) factors that influence risks for gestational diabetes and obesity during pregnancy and complications during childbirth among women, including cultural, racial, ethnic, geographic, demographic, socioeconomic, and genetic factors. ``(d) Meetings.--Not later than 1 year after the establishment of the gestational diabetes research project under subsection (c), and annually thereafter, the Research Advisory Committee shall meet to assess the progress of the project and to update the Secretary of Health and Human Services, if necessary. ``(e) Report.--Not later than 2 years after the date of enactment of the Gestational Diabetes Act of 2006, and annually thereafter, the Director of the Centers for Disease Control and Prevention shall generate a report on the prevalence of gestational diabetes and disseminate the report to the Secretary of Health and Human Services and appropriate Federal and non-Federal agencies. ``SEC. 2902. DEMONSTRATION GRANTS TO LOWER THE RATE OF GESTATIONAL DIABETES AND OBESITY DURING PREGNANCY. ``(a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, in consultation with the Research Advisory Committee established under section 2901, shall award grants, on a competitive basis, to eligible entities for demonstration projects that test specified hypotheses about interventions designed to reduce the incidence of gestational diabetes and obesity among young women and implement relevant activities. In making such grants, the Director shall act on scientific findings that-- ``(1) the prevention or delay of type 2 diabetes is possible for older adults; ``(2) the diabetes risk status of an individual is likely established during the individual's earlier age (adolescence through the age of 30); ``(3) women are uniquely capable of demonstrating their diabetes risk status, through acquiring gestational diabetes during the challenge of pregnancy; ``(4) gestational diabetes itself is a well-established risk factor for a woman's subsequent transition to type 2 diabetes; and ``(5) gestational diabetes may confer risks of future obesity and type 2 diabetes on the children of a mother with gestational diabetes. ``(b) Application.--An eligible entity desiring to receive a grant under this section shall submit to the Director of the Centers for Disease Control and Prevention-- ``(1) an application at such time, in such manner, and containing such information as the Director may require; and ``(2) a plan to-- ``(A) lower the rate of gestational diabetes and obesity during pregnancy; or ``(B) conduct post-natal methods of tracking women who had gestational diabetes in order to develop ways to lower the incidence of such mothers developing type 2 diabetes. ``(c) Uses of Funds.--An entity receiving a grant under this section shall use grant funds to carry out demonstration projects, which may include-- ``(1) expanding community-based health promotion education, activities, and incentives focused on the prevention of gestational diabetes and obesity during pregnancy; ``(2) aiding State-based diabetes prevention and control programs to collect, analyze, disseminate, and report surveillance data on women with, and at risk for, gestational diabetes and obesity during pregnancy; ``(3) building capacity with State-based partners to implement programs and interventions based on surveillance data; and ``(4) training and encouraging health care providers to promote risk assessment, quality care, and self-management for gestational diabetes and obesity during pregnancy and its complications in the practice settings of the health care providers. ``(d) Reports.-- ``(1) CDC report.--Not later than 2 years after the date of enactment of the Gestational Diabetes Act of 2006, the Director of the Centers for Disease Control and Prevention shall prepare and submit a report to the Secretary of Health and Human Services concerning the results of the studies conducted through the grants awarded under this section. ``(2) Secretary report.--Not later than 90 days after receiving the report described in paragraph (1), the Secretary shall prepare and submit a report to Congress concerning the results and findings of the report. ``(e) Definition of Eligible Entity.--In this section, the term `eligible entity' means a nonprofit organization (such as an academic center or community health center) or a State health agency. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2007 and such sums as may be necessary for each of the fiscal years 2008 through 2011. ``SEC. 2903. RESEARCH EXPANSION OF GESTATIONAL DIABETES AND OBESITY DURING PREGNANCY. ``(a) In General.--The Director of the Centers for Disease Control and Prevention and the Director of the National Institute of Child Health and Human Development, in collaboration with the National Institute of Diabetes and Digestive and Kidney Diseases, shall conduct and support basic, clinical, and public health research regarding gestational diabetes and obesity during pregnancy. Such research shall include-- ``(1) investigating therapies, interventions, and agents to detect, treat, and slow the incidence of, gestational diabetes and obesity during pregnancy; ``(2) developing and testing novel approaches to the design and analysis of clinical trials; ``(3) facilitating the enrollment of patients for clinical trials, including patients from diverse populations and populations who suffer disproportionately from these conditions; ``(4) developing improved diagnostics and means of patient assessment for gestational diabetes and obesity during pregnancy; and ``(5) conducting public health research to further knowledge on epidemiologic, socioenvironmental, behavioral, translation, and biomedical factors that influence gestational diabetes and obesity during pregnancy. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $8,000,000 for fiscal year 2007 and such sums as may be necessary for each of the fiscal years 2008 through 2011. ``SEC. 2904. SCREENING FOR GESTATIONAL DIABETES. ``The Director of the Centers for Disease Control and Prevention shall encourage screening for gestational diabetes within the State- based diabetes prevention and control programs assisted by the Centers for Disease Control and Prevention, for the purpose of reducing the incidence of gestational diabetes and its related complications.''.

Gestational Diabetes Act of 2006 or the GEDI Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to convene a Research Advisory Committee. Requires the Director of CDC, in consultation with such Committee, to develop a multisite research project to expand and enhance surveillance data and public health research on gestational diabetes. Directs the Secretary, acting through the Director of CDC, to award competitive grants to nonprofit organizations or state health agencies for demonstration projects that test specified hypotheses about interventions designed to reduce the incidence of gestational diabetes and obesity among young women and implement relevant activities. Requires the Director of CDC and the Director of the National Institute of Child Health and Human Development, in collaboration with the National Institute of Diabetes and Digestive and Kidney Diseases, to conduct and support basic, clinical, and public health research regarding gestational diabetes and obesity during pregnancy. Requires the Director of CDC to encourage screening for gestational diabetes within state-based diabetes prevention and control programs to reduce the incidence of gestational diabetes and its related complications.

To establish an Advisory Committee on Gestational Diabetes, to provide grants to better understand and reduce gestational diabetes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Autism Spectrum Disorders Initiative Act of 2011''. SEC. 2. ESTABLISHMENT OF THE NATIONAL AUTISM SPECTRUM DISORDERS INITIATIVE. Part R of title III of the Public Health Service Act (42 U.S.C. 280i et seq.) is amended-- (1) by redesignating section 399E (42 U.S.C. 280i-4) as section 399FF; and (2) by inserting after section 399DD the following: ``SEC. 399EE. ESTABLISHMENT OF THE NATIONAL AUTISM SPECTRUM DISORDERS INITIATIVE. ``(a) In General.--There is established in the Office of the Secretary of Health and Human Services the National Autism Spectrum Disorders Initiative (referred to in this Act as the `Initiative'). The principal goal of the Initiative is to improve the lives of persons with autism spectrum disorders through research focused on prevention, treatment, services, and cures. ``(b) Duties of the Secretary Under the Initiative.--The Secretary (or the Secretary's designee) shall-- ``(1) act as the primary Federal official with responsibility for overseeing all research on autism spectrum disorders conducted or supported by the National Institutes of Health; ``(2) approve the strategic plan described in section 399CC(b)(5) and be responsible for its implementation; ``(3) receive directly from the President and the Director of the Office of Management and Budget all funds available for autism spectrum disorder activities of the National Institutes of Health; ``(4) from the amounts received under paragraph (3) for the fiscal year, allocate, in consultation with the Director of the National Institutes of Health, to the agencies of the National Institutes of Health in accordance with the strategic plan all amounts available for such year for carrying out autism spectrum disorder activities; ``(5) to the extent practicable, allocate amounts under paragraph (4) not later than 30 days after the date on which the Secretary receives the amounts described under paragraph (3); ``(6) have authority to reallocate up to 3 percent of the total amount allocated under paragraph (4) as needs change and opportunities arise; ``(7) plan and evaluate research and other activities related to autism spectrum disorders conducted or supported by the agencies of the National Institutes of Health, evaluating the activities of each of such agencies and providing for the periodic reevaluation of such activities; ``(8) maintain communications with all relevant departments and agencies of the Federal Government to ensure the timely transmission of information concerning autism spectrum disorders; and ``(9) carry out this subsection in consultation with the heads of the agencies of the National Institutes of Health, with the advisory councils of such agencies, and with the Interagency Autism Coordinating Committee. ``(c) Sunset Provision.--This section shall not apply after the date that is 7 years after the date of the enactment of this section.''. SEC. 3. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO AUTISM SPECTRUM DISORDERS. Section 409C of the Public Health Service Act (42 U.S.C. 284g) is amended-- (1) in subsection (a)(1), by striking ``basic and clinical research'' and inserting ``basic, clinical, and translational research''; (2) in subsection (b)-- (A) in paragraph (2)-- (i) by striking ``basic and clinical research'' and inserting ``basic, clinical, and translational research''; and (ii) by inserting ``, building upon the recommendations set forth in the most recent strategic plan for autism spectrum disorders of the Interagency Autism Coordinating Committee established under section 399CC'' before the period at the end of the second sentence; and (B) by adding at the end the following: ``(6) Definition.--In this section, the term `translational', with respect to research, means emphasizing the development and delivery of effective new therapies to patients.''; and (3) in subsection (c), by inserting ``, biosamples relevant to environmental exposures,'' after ``tissues''. SEC. 4. CLARIFYING AMENDMENTS WITH RESPECT TO AUTISM INTERVENTION. Section 399BB(f) of the Public Health Service Act (42 U.S.C. 280i- 1(f)) is amended-- (a) by inserting ``to research networks'' after ``contracts''; and (b) by striking ``interventions for individuals'' and inserting ``interventions to improve the physical and behavioral health and well- being of individuals''.

National Autism Spectrum Disorders Initiative Act of 2011 - Amends the Public Health Service Act to establish the National Autism Spectrum Disorders Initiative in the Office of the Secretary of Health and Human Services (HHS) to improve the lives of persons with autism spectrum disorders through research focused on prevention, treatment, services, and cures. Requires the Secretary to: (1) act as the primary federal official with responsibility for overseeing all NIH research on autism spectrum disorders; (2) approve the autism spectrum disorder research strategic plan developed by the Interagency Autism Coordinating Committee and be responsible for its implementation; (3) receive directly from the President and the Director of the Office of Management and Budget (OMB) all funds available for autism spectrum disorder activities of NIH; (4) allocate such funds in accordance with the strategic plan; (5) allocate amounts within 30 days after receipt, to the extent practicable; (6) have authority to reallocate up to 3% of the total amount allocated as needs change and opportunities arise; (7) plan and evaluate NIH research and other activities related to autism spectrum disorders; (8) maintain communications with all relevant federal departments and agencies to ensure the timely transmission of information concerning autism spectrum disorders; and (9) carry out this Act in consultations with the heads of NIH agencies and their advisory councils and the Interagency Autism Coordinating Committee. Terminates such provisions seven years after the date of enactment of this Act. Expands authorized research for centers of excellence for autism spectrum disorders to include translational research. Requires the Director of NIH to provide for a program under which biosamples relevant to environmental exposures that are of use in research on autism spectrum disorders are donated, collected, preserved, and made available for such research.

To establish a National Autism Spectrum Disorders Initiative, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Terry Peak Land Transfer Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Certain National Forest System land located in the Black Hills National Forest in Lawrence County, South Dakota, is currently permitted to the Terry Peak Ski Area by the Secretary of Agriculture pursuant to section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b). (2) The National Forest System land comprises only 10 percent of the land at the Ski Area, with the remaining 90 percent located on private land owned by the Ski Area operator. (3) As the fractional Forest Service land holding at the Ski Area is also encumbered by ski lifts, ski trails, a base lodge parking lot and other privately owned improvements, it serves little purpose in continued public ownership, and can more logically be conveyed to the Ski Area to unify land management and eliminate permitting and other administrative costs to the United States. (4) The Ski Area is interested in acquiring the land from the United States, but the Secretary does not have administrative authority to convey such land in a nonsimultaneous land exchange absent specific authorization from Congress. (5) The Black Hills National Forest contains several small inholdings of undeveloped private land with multiple landowners which complicate National Forest land management and which can be acquired by the United States from willing sellers if acquisition funds are made available to the Secretary. (6) The proceeds from the Terry Peak conveyance can provide a modest, but readily available and flexible, funding source for the Secretary to acquire certain inholdings in the Black Hills National Forest from willing sellers, and given the small and scattered nature of such inholdings, and number of potential sellers involved, can do so more efficiently and quickly than through administrative land exchanges. (7) It is, therefore, in the public interest to convey the National Forest System land at Terry Peak to the Ski Area at fair market value and to utilize the proceeds to acquire more desirable lands for addition to the Black Hills National Forest for permanent public use and enjoyment. (b) Purpose.--It is the purpose of this Act to require the conveyance of certain National Forest System lands at the Terry Peak Ski Area to the Ski Area and to utilize the proceeds to acquire more desirable lands for the United States for permanent public use and enjoyment. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``Secretary'' means the Secretary of Agriculture, unless otherwise specified. (2) The term ``selected land'' means land comprising approximately 41.42 acres and generally depicted as Government lots 6 and 11, section 2, township 4 north, range 2 east, Black Hills meridian, on a map entitled ``Terry Peak Land Conveyance'', dated March 1999. (3) The terms ``Terry Peak Ski Area'' and ``Ski Area'' mean the Black Hills Chairlift Company, a South Dakota Corporation, or its successors, heirs and assigns. SEC. 4. LAND CONVEYANCE AND MISCELLANEOUS PROVISIONS. (a) Conveyance Required.--The Secretary of Agriculture shall convey the selected land to the Terry Peak Ski Area at fair market value, as determined by the Secretary. (b) Appraisal.--The value of the selected land shall be determined by the Secretary utilizing nationally recognized appraisal standards, including to the extent appropriate, the Uniform Appraisal Standards For Federal Land Acquisitions (1992), the Uniform Standards of Professional Appraisal Practice, and other applicable law. The costs of the appraisal shall be paid for by the Ski Area. (c) Completion of Conveyance.--It is the sense of the Congress that the conveyance to the Ski Area required by this Act be consummated no later than 6 months after the date of the enactment of this Act, unless the Secretary and the Ski Area mutually agree to extend the consummation date. Prior to conveying the selected land to the Ski Area, the Secretary shall complete standard pre-disposal analyses and clearances pertaining to threatened and endangered species, cultural and historic resources, wetlands and floodplains, and hazardous materials. (d) Use of Proceeds by the Secretary.--All monies received by the Secretary pursuant to this Act shall be considered monies received and deposited pursuant to Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk Act) and shall be utilized by the Secretary to acquire replacement land from willing sellers for addition to the Black Hills National Forest in South Dakota. Any lands so acquired shall be added to and administered as part of the Black Hills National Forest and, if any such land lies outside the exterior boundaries of the Forest, the Secretary may modify the boundary of the Forest to include such land. Nothing in this section shall be construed to limit the authority of the Secretary to adjust the boundaries of the Forest pursuant to section 11 of the Act of March 1, 1911 (16 U.S.C. 521; commonly known as the Weeks Act). (e) Conveyance Subject to Valid Existing Rights, Easements.--The conveyance to the Ski Area required by this Act shall be subject to valid existing rights and to existing easements, rights-of-way, utility lines and any other right, title or interest of record on the selected land as of the date of transfer of the selected land to the Terry Peak Ski Area. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Terry Peak Land Transfer Act of 1999 - Directs the Secretary of Agriculture to convey certain Black Hills National Forest land in South Dakota to the Terry Peak Ski Area.

Terry Peak Land Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Appeals Assistance and Improvement Act of 2015''. SEC. 2. PROGRAM OF FINANCIAL ASSISTANCE FOR SUPPORT OF PROGRAMS THAT FURNISH LEGAL ASSISTANCE TO VETERANS SEEKING REVIEW BY UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. (a) In General.--Chapter 59 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 5906. Program of financial assistance for support of programs that furnish legal assistance to veterans seeking review by United States Court of Appeals for Veterans Claims ``(a) In General.--The United States Court of Appeals for Veterans Claims shall establish a program for the provision of financial assistance (through grant or contract made, to the maximum extent feasible) to facilitate the furnishing of legal and other assistance, without charge, through programs described in subsection (b), for veterans and other persons who are unable to afford the cost of legal representation in connection with decisions to which section 7252(a) of this title may apply or with other proceedings in the United States Court of Appeals for Veterans Claims. ``(b) Programs Described.--Programs described in this subsection are programs that furnish case screening and referral, training and education for attorney and related personnel, and encouragement and facilitation of pro bono representation by members of the bar and law school clinical and other appropriate programs, such as veterans service organizations, and through defraying expenses incurred in providing representation to persons described in subsection (a). ``(c) Legal Services Corporation.--(1) The United States Court of Appeals for Veterans Claims shall carry out subsection (a) by entering into an interagency agreement with the Legal Services Corporation. The agreement shall specify that the Corporation shall carry out the financial assistance program described in subsection (a). ``(2) Grants or contracts awarded under the financial assistance program described in subsection (a) shall be made by the Legal Services Corporation pursuant to a reimbursable payment from the Court in accordance with this section. ``(3) The Legal Services Corporation may receive a reimbursable payment from the Court for the purpose of providing the financial assistance described in subsection (a). ``(d) Limitation on Use of Funds.--No funds appropriated or otherwise made available to carry out this section may be used for the payment of attorney's fees. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2015 through 2018.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 59 is amended by inserting after the item relating to section 5905 the following new item: ``5906. Program of financial assistance for support of programs that furnish legal assistance to veterans seeking review by United States Court of Appeals for Veterans Claims.''. SEC. 3. PROGRAM OF FINANCIAL ASSISTANCE FOR SUPPORT OF PROGRAMS THAT FURNISH LEGAL ASSISTANCE TO VETERANS SEEKING REVIEW BY BOARD OF VETERANS' APPEALS. (a) In General.--Chapter 59 of title 38, United States Code, as amended by section 2(a), is further amended by adding at the end the following new section: ``Sec. 5907. Program of financial assistance for support of programs that furnish legal assistance to veterans seeking review by Board of Veterans' Appeals ``(a) In General.--The Secretary shall establish a program for the provision of financial assistance (through grant or contract made, to the maximum extent feasible) to facilitate the furnishing of legal and other assistance, without charge, through programs described in subsection (b), to veterans and other persons who are unable to afford the cost of legal representation in connection with decisions to which section 7104 of this title may apply or with other proceedings of the Board of Veterans' Appeals. ``(b) Programs Described.--Programs described in this subsection are programs that furnish case screening and referral, training and education for attorney and related personnel, and encouragement and facilitation of pro bono representation by members of the bar and law school clinical and other appropriate programs, such as veterans service organizations, and through defraying expenses incurred in providing representation to persons described in subsection (a). ``(c) Legal Services Corporation.--(1) The Secretary shall carry out subsection (a) by entering into an interagency agreement with the Legal Services Corporation. The agreement shall specify that the Corporation shall carry out the financial assistance program described in subsection (a). ``(2) Grants or contracts awarded under the financial assistance program described in subsection (a) shall be made by the Legal Services Corporation pursuant to a reimbursable payment from the Secretary in accordance with this section. ``(3) The Legal Services Corporation may receive a reimbursable payment from the Secretary for the purpose of providing the financial assistance described in subsection (a). ``(d) Limitation on Use of Funds.--No funds appropriated or otherwise made available to carry out this section may be used for the payment of attorney's fees. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2015 through 2018.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 59, as amended by section 2(b), is further amended by inserting after the item relating to section 5906 the following new item: ``5907. Program of financial assistance for support of programs that furnish legal assistance to veterans seeking review by Board of Veterans' Appeals.''. SEC. 4. EXPEDITED TREATMENT OF UNREASONABLY DELAYED CLAIMS. (a) In General.--Section 7112 of title 38, United States Code, is amended to read as follows: ``Sec. 7112. Expedited treatment of remanded or unreasonably delayed claims ``(a) In General.--The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the Board of any claim that-- ``(1) is remanded to the Secretary by the Court of Appeals for Veterans Claims; or ``(2) has been subjected to unreasonable or excessive delay. ``(b) Unreasonable or Excessive Delay.--For purposes of this section, a claim shall be presumed to have been subjected to unreasonable or excessive delay if the claim has been pending before the Board for eight years or more.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 71 of such title is amended by striking the item relating to section 7112 and inserting the following new item 7112: ``7112. Expedited treatment of remanded or unreasonably delayed claims.''. SEC. 5. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF APPEALS OF DECISIONS OF SECRETARY OF VETERANS AFFAIRS REGARDING CLAIMS FOR DISABILITY COMPENSATION. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall-- (1) complete a review of the processing of appeals of decisions of the Secretary of Veterans Affairs regarding claims for compensation under chapters 11 and 13 of title 38, United States Code; and (2) submit to Congress a report on the review completed under paragraph (1). (b) Elements.--The review required by subsection (a)(1) shall include the following: (1) Assessment of the regional offices of the Department of Veterans Affairs, the Board of Veterans' Appeals, and the United States Court of Appeals for Veterans Claims. (2) Examination of prolonged delays in processing appeals described in subsection (a)(1) and assessment of whether reviews of such appeals are meeting statutory requirements for timeliness. (3) Recommendations for such legislative and administrative action as the Comptroller General considers appropriate to improve the processing of such appeals.

Veterans Appeals Assistance and Improvement Act of 2015 This bill directs the U.S. Court of Appeals for Veterans Claims to establish a financial assistance program to provide legal and other assistance without charge for veterans and other persons seeking Court review who are unable to afford legal representation costs. (Programs include case screening and referral, training for attorney and related personnel, and facilitation of pro bono representation by members of the bar and law school clinical and other programs.) The Department of Veterans Affairs (VA) shall establish a financial assistance program to provide legal and other assistance without charge to veterans and other persons seeking review by the Board of Veterans' Appeals who are unable to afford legal representation costs. The Court and the VA shall each carry out such programs through an interagency agreement with the Legal Services Corporation. The Corporation may receive a reimbursable payment from the Court or VA for providing such financial assistance. Funds may not be used for the payment of attorney's fees. VA shall provide for the expeditious treatment by the Board of any claim that: (1) is remanded to VA by the Court, or (2) has been pending before the Board for eight years or more. The Government Accountability Office shall review the processing of appeals of VA decisions regarding service-connected disability and dependency and indemnity compensation claims.

Veterans Appeals Assistance and Improvement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Vehicle Owners' Right to Repair Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The ability to diagnose, service, and repair a motor vehicle in a timely, reliable, and affordable manner is essential to the safety and well-being of automotive consumers in the United States. (2) Consumers are entitled to choose among competing repair facilities for the convenient, reliable, and affordable repair of their motor vehicles. (3) Increased competition among repair facilities will benefit vehicle owners in the United States. (4) Computers of various kinds are increasingly being used in motor vehicle systems, such as pollution control, transmission, antilock brakes, electronic and mechanical systems, heating and air-conditioning, sound, and steering. (5) The diagnosis, service, and repair of these vehicle systems are essential to the safety and proper operation of modern motor vehicles. (6) In many instances, access codes prevent owners from making, or having made, the necessary diagnosis, service, and repair of their motor vehicles in a timely, convenient, reliable, and affordable manner. (7) Consumers in the United States have benefited from the availability of an aftermarket parts supply, or parts and accessories used in the repair, maintenance, or enhancement of a motor vehicle. The American economy has also benefitted from the availability of an aftermarket parts supply that provides jobs to over 5 million workers in 495,000 businesses, and generates $200 billion in annual sales. (8) Vehicle owners in the United States should have the right-- (A) to all information necessary to allow the diagnosis, service, and repair of their vehicles; (B) to choose between original parts and aftermarket parts when repairing their motor vehicles; and (C) to make, or have made, repairs necessary to keep their vehicles in reasonably good and serviceable condition during the expected vehicle life. (9) The restriction of vehicle repair information limits who can repair motor vehicles and what parts may be used to repair those vehicles, which limits consumer choice and thus limits competition. (10) The Congress has provided the Federal Trade Commission with broad authority to make and enforce rules to foster competition, to prevent unfair methods of competition in commerce, and to protect consumers. (b) Purposes.--The purposes of this Act are the following: (1) To require the Federal Trade Commission to prescribe and enforce rules necessary to ensure the right of a motor vehicle owner to obtain all information required for the diagnosis, service, and repair of the motor vehicle. (2) To ensure the safety of all vehicle owners by requiring disclosure of all information necessary for the proper diagnosis, service, and repair of a vehicle in a timely, affordable, and reliable manner. (3) To encourage competition in the diagnosis, service, and repair of motor vehicles. SEC. 3. MANUFACTURER DISCLOSURE REQUIREMENTS. (a) Duty To Disclose.--In accordance with rules prescribed by the Federal Trade Commission under section 7, the manufacturer of a motor vehicle sold or introduced into commerce in the United States shall promptly provide to the vehicle owner, to a repair facility of the vehicle, and to the Commission for use by any such vehicle owner or repair facility, the information necessary to diagnose, service, or repair the vehicle. Such information shall include-- (1) information necessary to integrate replacement equipment into the vehicle; and (2) other information of any kind used to diagnose, service, repair, activate, certify, or install any motor vehicle equipment (including replacement equipment) in a motor vehicle. (b) Protection of Trade Secrets.-- (1) Determination by federal trade commission.--The Federal Trade Commission may not require a manufacturer to publicly disclose information that, if made public, would divulge methods or processes entitled to protection as trade secrets of that manufacturer, but may require disclosure of such information to the Commission for the purpose of determining whether such information is entitled to such protection. Such determination shall be made on the record after an opportunity for an agency hearing. (2) Previously disclosed information.--No such information may be withheld by a manufacturer if that information is provided (directly or indirectly) to franchised dealers or other repair facilities. SEC. 4. UNFAIR OR DECEPTIVE ACT OR PRACTICE. The failure by a manufacturer to provide the information required by section 3(a) constitutes an unfair method of competition and an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1))). Violation of a rule prescribed under section 6(a) constitutes violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). SEC. 5. PRIVATE RIGHT OF ACTION. A vehicle owner or repair facility may bring a civil action to enjoin a violation of this Act and to recover the costs of litigation (including reasonable attorney and expert witness fees). Such an action may be brought in the district court of the United States for the district in which such owner resides or such repair facility does business, without regard to the amount in controversy or the citizenship of the parties. SEC. 6. RULEMAKING. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall prescribe rules setting forth a uniform method by which a manufacturer shall provide the information required by section 3(a), including disclosure in writing, on the Internet, or in any other manner, or under such terms, as the Commission determines may be appropriate. Such rules shall take effect for vehicles manufactured after model year 1994. (b) Limitation.--The Federal Trade Commission may not prescribe rules that-- (1) interfere with the authority of the Administrator of the Environmental Protection Agency under section 202(m) of the Clean Air Act (42 U.S.C. 7521(m)) with regard to motor vehicle emissions control diagnostics systems; or (2) conflict with rules prescribed by such Administrator under such section. SEC. 7. DEFINITIONS. In this Act: (1) The term ``commerce'' has the meaning given that term in section 4 of the Federal Trade Commission Act (15 U.S.C. 44). (2) The terms ``manufacturer'', ``motor vehicle'', and ``motor vehicle equipment'' have the meanings given those terms in section 30102(a) of title 49, United States Code. (3) The term ``vehicle owner'' means any person who owns, leases, or otherwise has the legal right to use and possess a motor vehicle, or the agent of such person. (4) The term ``repair facility'' means a person engaged in the repair, diagnosing, or servicing of motor vehicles or motor vehicle engines. (5) The term ``replacement equipment'' has the meaning given that term in section 30102(b)(1) of title 49, United States Code. (6) The term ``model year'' has the meaning give that term in section 32901(a) of title 49, United States Code.

Motor Vehicle Owners' Right to Repair Act of 2001 - Requires a manufacturer of a motor vehicle sold or introduced into commerce in the United States to disclose to the vehicle owner, a repair facility, and the Federal Trade Commission (FTC) the information necessary to diagnose, service, or repair the vehicle.Sets forth protections for trade secrets. States that manufacturer noncompliance with this Act constitutes an unfair method of competition and an unfair or deceptive act or practice affecting commerce within the purview of the Federal Trade Commission Act.Authorizes a vehicle owner or repair facility to bring a civil action in Federal district court for violations of this Act without regard to the amount in controversy or the citizenship of the parties.Instructs the FTC to prescribe a uniform methodology for manufacturer disclosure in writing, and on the Internet.Prohibits the FTC from prescribing rules that interfere with the authority of the Administrator of the Environmental Protection Agency regarding motor vehicle emissions control diagnostics systems.

To protect the rights of American consumers to diagnose, service, and repair motor vehicles purchased in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Museum of African American History and Culture Act''. SEC. 2. FINDINGS. Congress finds that-- (1) since its founding, the United States has grown into a symbol of democracy and freedom around the world, and the legacy of African Americans is rooted in the very fabric of the democracy and freedom of the United States; (2) there exists no national museum within the Smithsonian Institution that-- (A) is devoted to the documentation of African American life, art, history, and culture; and (B) encompasses, on a national level-- (i) the period of slavery; (ii) the era of Reconstruction; (iii) the Harlem renaissance; (iv) the civil rights movement; and (v) other periods associated with African American life, art, history, and culture; and (3) a National Museum of African American History and Culture would be dedicated to the collection, preservation, research, and exhibition of African American historical and cultural material reflecting the breadth and depth of the experiences of individuals of African descent living in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Board of regents.--The term ``Board of Regents'' means the Board of Regents of the Smithsonian Institution. (2) Council.--The term ``Council'' means the National Museum of African American History and Culture Council established by section 5. (3) Museum.--The term ``Museum'' means the National Museum of African American History and Culture established by section 4. (4) Secretary.--The term ``Secretary'' means the Secretary of the Smithsonian Institution. SEC. 4. ESTABLISHMENT OF MUSEUM. (a) Establishment.--There is established within the Smithsonian Institution a museum to be known as the ``National Museum of African American History and Culture''. (b) Purpose.--The purpose of the Museum shall be to provide for-- (1) the collection, study, and establishment of programs relating to African American life, art, history, and culture that encompass-- (A) the period of slavery; (B) the era of Reconstruction; (C) the Harlem renaissance; (D) the civil rights movement; and (E) other periods of the African American diaspora; (2) the creation and maintenance of permanent and temporary exhibits documenting the history of slavery in America and African American life, art, history, and culture during the periods referred to in paragraph (1); (3) the collection and study of artifacts and documents relating to African American life, art, history, and culture; and (4) collaboration between the Museum and other museums, historically black colleges and universities, historical societies, educational institutions, and other organizations that promote the study or appreciation of African American life, art, history, or culture, including collaboration concerning-- (A) development of cooperative programs and exhibitions; (B) identification, management, and care of collections; and (C) training of museum professionals. SEC. 5. COUNCIL. (a) Establishment.--There is established within the Smithsonian Institution a council to be known as the ``National Museum of African American History and Culture Council''. (b) Duties.-- (1) In general.--The Council shall-- (A) make recommendations to the Board of Regents concerning the planning, design, and construction of the Museum; (B) advise and assist the Board of Regents on all matters relating to the administration, operation, maintenance, and preservation of the Museum; (C) recommend annual operating budgets for the Museum to the Board of Regents; (D) report annually to the Board of Regents on the acquisition, disposition, and display of objects relating to African American life, art, history, and culture; and (E) adopt bylaws for the operation of the Council. (2) Principal responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have sole authority to-- (A) purchase, accept, borrow, and otherwise acquire artifacts for addition to the collections of the Museum; (B) loan, exchange, sell, and otherwise dispose of any part of the collections of the Museum, but only if the funds generated by that disposition are used for additions to the collections of the Museum; or (C) specify criteria with respect to the use of the collections and resources of the Museum, including policies on programming, education, exhibitions, and research with respect to-- (i) the life, art, history, and culture of African Americans; (ii) the role of African Americans in the history of the United States from the period of slavery to the present; and (iii) the contributions of African Americans to society. (3) Other responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have authority-- (A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and (B) to solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the Museum. (c) Composition and Appointment.-- (1) In general.--The Council shall be composed of 19 voting members as provided under paragraph (2). (2) Voting members.--The Council shall include the following voting members: (A) The Secretary of the Smithsonian Institution. (B) One member of the Board of Regents, appointed by the Board of Regents. (C) Seventeen individuals appointed by the Board of Regents-- (i) taking into consideration individuals recommended by organizations and entities that are committed to the advancement of knowledge of African American life, art, history, and culture; and (ii) taking into consideration individuals recommended by the members of the Council. (3) Initial appointments.--The Board of Regents shall make initial appointments to the Council under paragraph (2) not later than 180 days after the date of enactment of this Act. (d) Terms.-- (1) In general.--Except as provided in this subsection, each appointed member of the Council shall be appointed for a term of 3 years. (2) Initial appointees.--As designated by the Board of Regents at the time of appointment, of the voting members first appointed under subparagraph (C) of subsection (c)(2)-- (A) six members shall be appointed for a term of 1 year; (B) six members shall be appointed for a term of 2 years; and (C) five members shall be appointed for a term of 3 years. (3) Reappointment.--A member of the Council may be reappointed, except that no individual may serve on the Council for a total of more than 2 terms. For purposes of this paragraph, the number of terms an individual serves on the Council shall not include any portion of a term for which an individual is appointed to fill a vacancy under paragraph (4)(B). (4) Vacancies.-- (A) In general.--A vacancy on the Council-- (i) shall not affect the powers of the Council; and (ii) shall be filled in the same manner as the original appointment was made. (B) Term.--Any member of the Council appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of that term. (e) Compensation.-- (1) In general.--Except as provided in paragraph (2), a member of the Council shall serve without pay. (2) Travel expenses.--A member of the Council 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 Council. (f) Chairperson.--By a majority vote of its voting members, the Council shall elect a chairperson from its members. (g) Meetings.-- (1) In general.--The Council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Council, but not fewer than twice each year. (2) Initial meetings.--During the 1-year period beginning on the date of the first meeting of the Council, the Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Council under this Act. (h) Quorum.--A majority of the voting members of the Council holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the Council. SEC. 6. DIRECTOR AND STAFF OF THE MUSEUM. (a) Director.-- (1) In general.--The Museum shall have a Director who shall be appointed by the Secretary, taking into consideration individuals recommended by the Council. (2) Duties.--The Director shall manage the Museum subject to the policies of the Board of Regents. (b) Staff.--The Secretary may appoint two additional employees to serve under the Director, except that such additional employees may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (c) Pay.--The employees appointed by the Secretary under subsection (b) may be paid 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. SEC. 7. EDUCATIONAL AND LIAISON PROGRAMS. (a) In General.-- (1) Programs authorized.--The Director of the Museum may carry out educational and liaison programs in support of the goals of the Museum. (2) Specific activities described.--In carrying out this section, the Director shall-- (A) carry out educational programs relating to African American life, art, history, and culture, including-- (i) programs using digital, electronic, and interactive technologies; and (ii) programs carried out in collaboration with elementary schools, secondary schools, and postsecondary schools; and (B) consult with the Director of the Institute of Museum and Library Services concerning the grant and scholarship programs carried out under subsection (b). (b) Grant and Scholarship Programs.-- (1) In general.--In consultation with the Council and the Director of the Museum, the Director of the Institute of Museum and Library Services shall establish-- (A) a grant program with the purpose of improving operations, care of collections, and development of professional management at African American museums; (B) a grant program with the purpose of providing internship and fellowship opportunities at African American museums; (C) a scholarship program with the purpose of assisting individuals who are pursuing careers or carrying out studies in the arts, humanities, and sciences in the study of African American life, art, history, and culture; (D) in cooperation with other museums, historical societies, and educational institutions, a grant program with the purpose of promoting the understanding of modern-day practices of slavery throughout the world; and (E) a grant program under which an African-American museum (including a nonprofit education organization the primary mission of which is to promote the study of African-American diaspora) may use the funds provided under the grant to increase an endowment fund established by the museum (or organization) as of May 1, 2003, for the purposes of-- (i) enhancing educational programming; and (ii) maintaining and operating traveling educational exhibits. (2) Authorization of appropriations.--There are authorized to be appropriated to the Director of the Institute of Museum and Library Services to carry out this subsection-- (A) $15,000,000 for fiscal year 2004; and (B) such sums as are necessary for each fiscal year thereafter. SEC. 8. BUILDING FOR THE NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE. (a) In General.-- (1) Location.-- (A) In general.--Not later than 12 months after the date of the enactment of this Act, the Board of Regents shall designate a site for the Museum. (B) Sites for consideration.--In designating a site under subparagraph (A), the Board of Regents shall select from among the following sites in the District of Columbia: (i) The Arts and Industries Building of the Smithsonian Institution, located on the National Mall at 900 Jefferson Drive, Southwest, Washington, District of Columbia. (ii) The area bounded by Constitution Avenue, Madison Drive, and 14th and 15th Streets, Northwest. (iii) The site known as the ``Liberty Loan site'', located on 14th Street Southwest at the foot of the 14th Street Bridge. (iv) The site known as the ``Banneker Overlook site'', located on 10th Street Southwest at the foot of the L'Enfant Plaza Promenade. (C) Availability of site.-- (i) In general.--A site described in subparagraph (B) shall remain available until the date on which the Board of Regents designates a site for the Museum under subparagraph (A). (ii) Transfer to smithsonian institution.--Except with respect to a site described in clause (i) of subparagraph (B), if the site designated for the Museum is in an area that is under the administrative jurisdiction of a Federal agency, as soon as practicable after the date on which the designation is made, the head of the Federal agency shall transfer to the Smithsonian Institution administrative jurisdiction over the area. (D) Consultation.--The Board of Regents shall carry out its duties under this paragraph in consultation with the following: (i) The Chair of the National Capital Planning Commission. (ii) The Chair of the Commission on Fine Arts. (iii) The Chair and Vice Chair of the Presidential Commission referred to in section 10. (iv) The Chair of the Building and Site Subcommittee of the Presidential Commission referred to in section 10. (v) The Chair and ranking minority member of each of the following Committees: (I) The Committee on Rules and Administration of the Senate. (II) The Committee on House Administration of the House of Representatives. (III) The Committee on Transportation and Infrastructure of the House of Representatives. (IV) The Committee on Appropriations of the House of Representatives. (V) The Committee on Appropriations of the Senate. (2) Construction of building.--The Board of Regents, in consultation with the Council, may plan, design, and construct a building for the Museum, which shall be located at the site designated by the Board of Regents under this paragraph. (3) Nonapplicability of provisions relating to monuments and commemorative works.--Chapter 89 of title 40, United States Code, shall not apply with respect to the Museum. (b) Cost Sharing.--The Board of Regents shall pay-- (1) 50 percent of the costs of carrying out this section from Federal funds; and (2) 50 percent of the costs of carrying out this section from non-Federal sources. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 9. CONGRESSIONAL BUDGET ACT COMPLIANCE. Authority under this Act to enter into contracts or to make payments shall be effective in any fiscal year only to the extent provided in advance in an appropriations Act, except as provided under section 11(b). SEC. 10. CONSIDERATION OF RECOMMENDATIONS OF PRESIDENTIAL COMMISSION. In carrying out their duties under this Act, the Council and the Board of Regents shall take into consideration the reports and plans submitted by the National Museum of African American History and Culture Plan for Action Presidential Commission under the National Museum of African American History and Culture Plan for Action Presidential Commission Act of 2001 (Public Law 107-106). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Smithsonian Institution to carry out this Act, other than sections 7(b) and 8-- (1) $17,000,000 for fiscal year 2004; and (2) such sums as are necessary for each fiscal year thereafter. (b) Availability.--Amounts made available under subsection (a) shall remain available until expended. (c) Use of Funds for Fundraising.--Amounts appropriated pursuant to the authorization under this section may be used to conduct fundraising in support of the Museum from private sources. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Museum of African American History and Culture Act - (Sec. 4) Establishes within the Smithsonian Institution (SI) the National Museum of African American History and Culture, to be operated as a center for scholarship and a location for museum training, public education, exhibits, and collection and study of items and materials relating to the life, art, history, and culture of African Americans that encompass the period of slavery, the era of reconstruction, the Harlem renaissance, the civil rights movement, and other periods of the African American diaspora. (Sec. 5) Establishes the National Museum of African American History and Culture Council to: (1) advise and assist the SI Board of Regents on Museum planning, design, construction, operation, and budgets; and (2) have responsibility and authority with respect to the Museum's collections and work, subject to the Board of Regents' general policies.(Sec. 6) Requires the Secretary of SI to appoint a Director to manage the Museum. (Sec. 7) Authorizes the Director of the Museum to carry out educational and liaison programs in support of Museum goals. Requires the Director of the Institute of Museum and Library Services (IMLS), in consultation with the Council and the Director of the Museum, to establish specified grant, scholarship, internship, and fellowship programs relating to African American museums. Authorizes appropriations to the IMLS Director for such programs. (Sec. 8) Directs the Board of Regents, in consultation with specified Commissions and congressional committee officials, to select the Museum's site from one of four specified sites on, adjacent to, or near the national mall. Requires the Board of Regents to pay costs of planning, design, and construction of the Museum on the chosen site as follows: 50 percent from Federal funds and 50 percent from non-Federal sources. Authorizes appropriations. (Sec. 9) Provides for Congressional Budget Act compliance by declaring that authority under this Act to enter into contracts or to make payments shall be effective in any fiscal year only to the extent provided in advance in an appropriations Act, except that amounts made available under section 11 of this Act shall remain available until expended. (Sec. 10) Directs the Council and the Board of Regents, in carrying out their duties under this Act, to consider the reports and plans submitted by the National Museum of African American History and Culture Plan for Action Presidential Commission under the National Museum of African American History and Culture Plan for Action Presidential Commission Act of 2001 (Public Law 107-106). (Sec. 11) Authorizes appropriations to SI to carry out this Act (except as already provided) in a specified amount for FY 2004, and in necessary amounts for subsequent fiscal years.

To establish within the Smithsonian Institution the National Museum of African American History and Culture, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elizabeth Cady Stanton Pregnant and Parenting Student Services Act of 2005''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) pregnant college students should not have to make a choice between keeping their baby and staying in school; (2) the pilot program under this Act will help interested, eligible institutions of higher education establish pregnancy and parenting student services offices that will operate independent of Federal funding no later than 5 years after the date of the enactment of this Act; and (3) amounts appropriated to carry out other Federal programs should be reduced to offset the costs of this Act. SEC. 3. DEFINITIONS. In this Act: (1) Eligible institution of higher education.--The term ``eligible institution of higher education'' means an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that has established and operates, or agrees to establish and operate upon the receipt of a grant under this Act, a pregnant and parenting student services office described in section 7. (2) Parent; parenting.--The terms ``parent'' and ``parenting'' refer to a parent or legal guardian of a minor. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. PREGNANT AND PARENTING STUDENT SERVICES PILOT PROGRAM. From amounts appropriated under section 9 for a fiscal year, the Secretary shall establish a pilot program to award grants to eligible institutions of higher education to enable the eligible institutions to establish (or maintain) and operate pregnant and parenting student services offices in accordance with section 7. SEC. 5. APPLICATION; NUMBER OF GRANTS. (a) Application.--An eligible institution of higher education that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require (b) Requests for Additional Information.--The Secretary may require an eligible institution submitting an application under subsection (a) to provide additional information if the Secretary determines such information is necessary to process the application. (c) Number of Grants.--Subject to the availability of appropriations under section 9, the Secretary shall award grants under this Act to no more than 200 eligible institutions. SEC. 6. MATCHING REQUIREMENT. An eligible institution of higher education that receives a grant under this Act shall contribute to the conduct of the pregnant and parenting student services office supported by the grant an amount from non-Federal funds equal to the amount of the grant. The non-Federal share may be in cash or in kind, fairly evaluated, including services, facilities, supplies, or equipment. SEC. 7. USE OF FUNDS. (a) In General.--An eligible institution of higher education that receives a grant under this Act shall use grant funds to establish (or maintain) and operate a pregnant and parenting student services office, located on the campus of the eligible institution, that carries out the following programs and activities: (1) Hosts an initial pregnancy and parenting resource forum-- (A) to assess pregnancy and parenting resources, located on the campus or within the local community, that are available to meet the needs described in paragraph (2); and (B) to set goals for-- (i) improving such resources for pregnant, parenting, and prospective parenting students; and (ii) improving access to such resources. (2) Annually assesses the performance of the eligible institution and the office in meeting the following needs of students enrolled in the eligible institution who are pregnant or are parents: (A) The inclusion of maternity coverage and the availability of riders for additional family members in student health care. (B) Family housing. (C) Child care. (D) Flexible or alternative academic scheduling, such as telecommuting programs. (E) Education to improve parenting skills for mothers and fathers and to strengthen marriages. (F) Resources to assist parents and prospective parents in meeting the material needs of their children. (G) Post-partum counseling and support groups. (3) Identifies public and private service providers, located on the campus of the eligible institution or within the local community, that are qualified to meet the needs described in paragraph (2), and establishes programs with qualified providers to meet such needs. (4) Assists pregnant and parenting students and their spouses in locating and obtaining services that meet the needs described in paragraph (2). (5) If appropriate, provides referrals for prenatal care and delivery, infant or foster care, or adoption, to a student who requests such information. An office shall make such referrals only to service providers that primarily serve the following types of individuals: (A) Parents. (B) Prospective parents awaiting adoption. (C) Women who are pregnant and plan on parenting or placing the child for adoption. (D) Parenting or prospective parenting couples who are married or who plan on marrying in order to provide a supportive environment for each other and their child. (b) Expanded Services.--In carrying out the programs and activities described in subsection (a), an eligible institution of higher education receiving a grant under this Act may choose to provide access to such programs and activities to a pregnant or parenting employee of the eligible institution, and the employee's spouse. SEC. 8. REPORTING. (a) Annual Report by Institutions.-- (1) In general.--For each fiscal year that an eligible institution of higher education receives a grant under this Act, the eligible institution shall prepare and submit to the Secretary, by the date determined by the Secretary, a report that-- (A) itemizes the pregnant and parenting student services office's expenditures for the fiscal year; (B) contains a review and evaluation of the performance of the office in fulfilling the requirements of this Act, using the specific performance criteria or standards established under paragraph (2)(A); and (C) describes the achievement of the office in meeting the needs listed in section 7(a)(2) of the students served by the eligible institution, and the frequency of use of the office by such students. (2) Performance criteria.--Not later than 180 days before the date the annual report described in paragraph (1) is submitted, the Secretary-- (A) shall identify the specific performance criteria or standards that shall be used to prepare the report; and (B) may establish the form or format of the report. (3) Additional information.--After reviewing an annual report of an eligible institution of higher education, the Secretary may require that the eligible institution provide additional information if the Secretary determines that such additional information is necessary to evaluate the pilot program. (b) Report by Secretary.--The Secretary shall annually prepare and submit a report on the findings of the pilot program under this Act, including the number of eligible institutions of higher education that were awarded grants and the number of students served by each pregnant and parenting student services office receiving funds under this Act, to the appropriate committees of the Senate and the House of Representatives. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act no more than $10,000,000 for each of the fiscal years 2006 through 2010.

Elizabeth Cady Stanton Pregnant and Parenting Student Services Act of 2005 - Expresses the sense of Congress that: (1) pregnant college students should not have to make a choice between keeping their baby and staying in school; (2) the pilot program under this Act will help institutions of higher education to establish offices that will operate independent of federal funding within five years after enactment of this Act; and (3) amounts appropriated to carry out other federal programs should be reduced to offset the costs of this Act. Directs the Secretary of Education to establish a pilot program to provide grants to encourage eligible institutions of higher education to establish and operate pregnant and parenting student services offices for pregnant students, parenting students, prospective parenting students anticipating a birth or adoption, and students who are placing or have placed a child for adoption.

To establish a pilot program to provide grants to encourage eligible institutions of higher education to establish and operate pregnant and parenting student services offices for pregnant students, parenting students, prospective parenting students who are anticipating a birth or adoption, and students who are placing or have placed a child for adoption.

SECTION 1. FEDERAL CHARTER. VietNow, a nonprofit corporation organized under the laws of the State of Illinois, is recognized and granted a Federal charter. SEC. 2. POWERS. The corporation shall have only the powers granted to it through its bylaws and articles of incorporation filed in the States in which it is incorporated and subject to the laws of such States. SEC. 3. PURPOSES. The purposes of the corporation are the purposes provided in its articles of incorporation and shall include-- (1) increasing community awareness of the problems encountered by Vietnam era veterans; and (2) helping to solve the unique physical, social, and psychological problems of Vietnam era veterans and their families. SEC. 4. SERVICE OF PROCESS. With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes. SEC. 5. MEMBERSHIP. Eligibility for membership in the corporation and the rights and privileges of members of the corporation shall be as provided in the bylaws and articles of incorporation of the corporation. SEC. 6. BOARD OF DIRECTORS. The composition of the board of directors of the corporation and the responsibilities of the board shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the States in which it is incorporated. SEC. 7. OFFICERS. The officers of the corporation and the election of the officers shall be as provided in the bylaws and articles of incorporation of the corporation and in conformity with the laws of the States in which it is incorporated. SEC. 8. RESTRICTIONS. (a) Use of Income and Assets.--No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. This subsection may not be construed to prevent the payment of reasonable compensation to the officers and employees of the corporation or reimbursement for actual and necessary expenses in amounts approved by the board of directors. (b) Loans.--The corporation may not make any loan to any member, officer, director, or employee of the corporation. (c) Issuance of Stock and Payment of Dividends.--The corporation may not issue any shares of stock or declare or pay any dividends. (d) Claims of Federal Approval.--The corporation may not claim the approval of the Congress or the authorization of the Federal Government for any of its activities. (e) Corporate Status.--The corporation shall maintain its status as a corporation organized and incorporated under the laws of Illinois. SEC. 9. LIABILITY. The corporation shall be liable for the acts of its officers, directors, employees, and agents whenever such individuals act within the scope of their authority. SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS. (a) Books and Records of Account.--The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. (b) Names and Addresses of Members.--The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. (c) Right To Inspect Books and Records.--All books and records of the corporation may be inspected by any member having the right to vote in any proceeding of the corporation, or by any agent or attorney of such member, for any proper purpose at any reasonable time. (d) Application of State Law.--This section may not be construed to contravene any applicable State law. SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS. The first section of the Act entitled ``An Act to provide for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end the following: ``VietNow.''. SEC. 12. ANNUAL REPORT. The corporation shall annually submit to the Congress a report concerning the activities of the corporation during the preceding fiscal year. The annual report shall be submitted on the same date as the report of the audit required by section 11. The annual report may not be printed as a public document. SEC. 13. DEFINITIONS. For purposes of this Act: (1) The term ``corporation'' means VietNow. (2) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the Trust Territories of the Pacific Islands, and any other territory or possession of the United States. SEC. 134. TAX-EXEMPT STATUS. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986. SEC. 15. TERMINATION. The charter granted in this Act shall expire if the corporation fails to comply with any of the provisions of this Act.

Grants a Federal charter to VietNow (a nonprofit corporation organized under the laws of Illinois).

To grant a Federal charter to VietNow.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer Prescription Drug Fairness Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) All women are at risk for breast cancer and that risk increases with age. (2) Breast cancer is the most common cancer among women. (3) Annually, there are 180,200 new cases of breast cancer in the United States, and 2,000 on Long Island, New York, alone. (4) Manufacturers of prescription drugs engage in price discrimination practices that compel many older Americans and women to pay substantially more for prescription drugs than the drug manufacturers' most favored customers, such as health insurers, health maintenance organizations, and the Federal Government. (5) On average, older Americans and women who buy their own prescription drugs pay twice as much for prescription drugs as the drug manufacturers' most favored customers. In some cases, older Americans and women pay over 15 times more for prescription drugs than the most favored customers. (6) The discriminatory pricing by major drug manufacturers sustains their annual profits of $20,000,000,000, but causes financial hardship and impairs the health and well-being of millions of older Americans and women. More than one in eight older Americans and women are forced to choose between buying their food and buying their medicines. (7) Most federally funded health care programs, including Medicaid, the Veterans Health Administration, the Public Health Service, and the Indian Health Service, obtain prescription drugs for their beneficiaries at low prices. Medicare beneficiaries are denied this benefit and cannot obtain their prescription drugs at the favorable prices available to other federally funded health care programs. (8) Implementation of the policy set forth in this Act is estimated to reduce prescription drug prices for Medicare beneficiaries by more than 40 percent. (9) In addition to substantially lowering the costs of prescription drugs for older Americans and women, implementation of the policy set forth in this Act will significantly improve the health and well-being of older Americans and women and lower the costs to the Federal taxpayer of the Medicare program. (10) Older Americans and women who are terminally ill and receiving hospice care services represent some of the most vulnerable individuals in our nation. Making prescription drugs available to Medicare beneficiaries under the care of Medicare- certified hospices will assist in extending the benefits of lower prescription drug prices to those most vulnerable and in need. (b) Purpose.--The purpose of this Act is to protect women diagnosed with breast cancer and Medicare beneficiaries from discriminatory pricing by drug manufacturers and to make prescription drugs available to Medicare beneficiaries at substantially reduced prices. SEC. 3. PARTICIPATING MANUFACTURERS. (a) In General.--Each participating manufacturer of a covered outpatient drug shall make available for purchase by each pharmacy such covered outpatient drug in the amount described in subsection (b) at the price described in subsection (c). (b) Description of Amount of Drugs.--The amount of a covered outpatient drug that a participating manufacturer shall make available for purchase by a pharmacy is an amount equal to the aggregate amount of the covered outpatient drug sold or distributed by the pharmacy to Medicare beneficiaries. (c) Description of Price.--The price at which a participating manufacturer shall make a covered outpatient drug available for purchase by a pharmacy is the price equal to the lower of the following: (1) The lowest price paid for the covered outpatient drug by any agency or department of the United States. (2) The manufacturer's best price for the covered outpatient drug, as defined in section 1927(c)(1)(C) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)). SEC. 4. SPECIAL PROVISION WITH RESPECT TO HOSPICE PROGRAMS. For purposes of determining the amount of a covered outpatient drug that a participating manufacturer shall make available for purchase by a pharmacy under section 3, there shall be included in the calculation of such amount the amount of the covered outpatient drug sold or distributed by a pharmacy to a hospice program. In calculating such amount, only amounts of the covered outpatient drug furnished to a Medicare beneficiary enrolled in the hospice program shall be included. SEC. 5. ADMINISTRATION. The Secretary shall issue such regulations as may be necessary to implement this Act. SEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT. (a) In General.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall report to the Congress regarding the effectiveness of this Act in-- (1) protecting Medicare beneficiaries from discriminatory pricing by drug manufacturers, and (2) making prescription drugs available to Medicare beneficiaries at substantially reduced prices. (b) Consultation.--In preparing such reports, the Secretary shall consult with public health experts, affected industries, organizations representing consumers and older Americans and women, and other interested persons. (c) Recommendations.--The Secretary shall include in such reports any recommendations they consider appropriate for changes in this Act to further reduce the cost of covered outpatient drugs to Medicare beneficiaries. SEC. 7. DEFINITIONS. In this Act: (1) Participating manufacturer.--The term ``participating manufacturer'' means any manufacturer of drugs or biologicals that, on or after the date of the enactment of this Act, enters into a contract or agreement with the United States for the sale or distribution of covered outpatient drugs to the United States. (2) Covered outpatient drug.--The term ``covered outpatient drug'' has the meaning given that term in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-8(k)(2)). (3) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title, or both, and includes individuals who are not so entitled or enrolled but who have been diagnosed with breast cancer. (4) Hospice program.--The term ``hospice program'' has the meaning given that term under section 1861(dd)(2) of the Social Security Act (42 U.S.C. 1395x(dd)(2)). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 8. EFFECTIVE DATE. The Secretary shall implement this Act as expeditiously as practicable and in a manner consistent with the obligations of the United States. SEC. 9. STUDY ON LIFE EXPECTANCY OF WOMEN DIAGNOSED WITH BREAST CANCER WHO LACK PRESCRIPTION DRUG COVERAGE. (a) Study.--The Secretary of Health and Human Services, acting through the Director of the Center for Disease Control and Prevention, shall conduct a study on women diagnosed with breast cancer and analyze the effect, if any, that the lack of prescription drug coverage has on the life expectancy of such women. (b) Report.--By not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a).

Breast Cancer Prescription Drug Fairness Act of 2001 - Requires each participating manufacturer of a covered outpatient drug to make available for purchase by each pharmacy a covered outpatient drug: (1) in an amount equal to the aggregate amount of the covered outpatient drug sold or distributed by the pharmacy to Medicare beneficiaries (including the amount sold or distributed to Medicare beneficiaries in a hospice program); and (2) at a price equal to the lower of either the lowest price paid for the drug by the Federal Government or the manufacturer's best price for the drug.

To provide for substantial reductions in the price of prescription drugs for Medicare beneficiaries and for women diagnosed with breast cancer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Compacts of Free Association Amendments Act of 2005''. SEC. 2. APPROVAL OF AGREEMENTS. Section 101 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921) is amended-- (1) in the first sentence of subsection (a), by inserting before the period at the end the following: ``, including Article X of the Federal Programs and Services Agreement Between the Government of the United States and the Government of the Federated States of Micronesia, as amended under the Agreement to Amend Article X that was signed by those 2 Governments on June 30, 2004, which shall serve as the authority to implement the provisions thereof''; and (2) in the first sentence of subsection (b), by inserting before the period at the end the following: ``, including Article X of the Federal Programs and Services Agreement Between the Government of the United States and the Government of the Republic of the Marshall Islands, as amended under the Agreement to Amend Article X that was signed by those 2 Governments on June 18, 2004, which shall serve as the authority to implement the provisions thereof''. SEC. 3. CONFORMING AMENDMENT. Section 105(f)(1) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)) is amended by striking subparagraph (A) and inserting the following: ``(A) Emergency and disaster assistance.-- ``(i) In general.--Subject to clause (ii), section 221(a)(6) of the U.S.-FSM Compact and section 221(a)(5) of the U.S.-RMI Compact shall each be construed and applied in accordance with the 2 Agreements to Amend Article X of the Federal Programs and Service Agreements signed on June 30, 2004, and on June 18, 2004, respectively. ``(ii) Definition of will provide funding.--In the second sentence of paragraph 12 of each of the Agreements described in clause (i), the term `will provide funding' means will provide funding through a transfer of funds using Standard Form 1151 or a similar document or through an interagency, reimbursable agreement.''. SEC. 4. CLARIFICATIONS REGARDING PALAU. Section 105(f)(1)(B) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended-- (1) in clause (ii)(II), by striking ``and its territories'' and inserting ``, its territories, and the Republic of Palau''; (2) in clause (iii)(II), by striking ``, or the Republic of the Marshall Islands'' and inserting ``, the Republic of the Marshall Islands, or the Republic of Palau''; and (3) in clause (ix)-- (A) by striking ``Republic'' both places it appears and inserting ``government, institutions, and people''; (B) by striking ``2007'' and inserting ``2009''; and (C) by striking ``was'' and inserting ``were''. SEC. 5. AVAILABILITY OF LEGAL SERVICES. Section 105(f)(1)(C) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(C)) is amended by inserting before the period at the end the following: ``, which shall also continue to be available to the citizens of the Federated States of Micronesia, the Republic of Palau, and the Republic of the Marshall Islands who legally reside in the United States (including territories and possessions)''. SEC. 6. TECHNICAL AMENDMENTS. (a) Title I.-- (1) Section 177 agreement.--Section 103(c)(1) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(c)(1)) is amended by striking ``section 177'' and inserting ``Section 177''. (2) Interpretation and united states policy.--Section 104 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921c) is amended-- (A) in subsection (b)(1), by inserting ``the'' before ``U.S.-RMI Compact,''; (B) in subsection (e)-- (i) in the matter preceding subparagraph (A) of paragraph (8) , by striking ``to include'' and inserting ``and include''; (ii) in paragraph (9)(A), by inserting a comma after ``may''; and (iii) in paragraph (10), by striking ``related to service'' and inserting ``related to such services''; and (C) in the first sentence of subsection (j), by inserting ``the'' before ``Interior''. (3) Supplemental provisions.--Section 105(b)(1) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(b)(1)) is amended by striking ``Trust Fund'' and inserting ``Trust Funds''. (b) Title II.-- (1) U.S.-FSM compact.--The Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Federated States of Micronesia (as provided in section 201(a) of the Compact of Free Association Amendments Act of 2003 (117 Stat. 2757)) is amended-- (A) in section 174-- (i) in subsection (a), by striking ``courts'' and inserting ``court''; and (ii) in subsection (b)(2), by striking ``the'' before ``November''; (B) in section 177(a), by striking ``, or Palau'' and inserting ``(or Palau)''; (C) in section 179(b), strike ``amended Compact'' and inserting ``Compact, as amended,''; (D) in section 211-- (i) in the fourth sentence of subsection (a), by striking ``Compact, as Amended, of Free Association'' and inserting ``Compact of Free Association, as amended''; (ii) in the fifth sentence of subsection (a), by striking ``Trust Fund Agreement,'' and inserting ``Agreement Between the Government of the United States of America and the Government of the Federated States of Micronesia Implementing Section 215 and Section 216 of the Compact, as Amended, Regarding a Trust Fund (Trust Fund Agreement),''; (iii) in subsection (b)-- (I) in the first sentence, by striking ``Government of the'' before ``Federated''; and (II) in the second sentence, by striking ``Sections 321 and 323 of the Compact of Free Association, as Amended'' and inserting ``Sections 211(b), 321, and 323 of the Compact of Free Association, as amended,''; and (iv) in the last sentence of subsection (d), by inserting before the period at the end the following: ``and the Federal Programs and Services Agreement referred to in section 231''; (E) in the first sentence of section 215(b), by striking ``subsection(a)'' and inserting ``subsection (a)''; (F) in section 221-- (i) in subsection (a)(6), by inserting ``(Federal Emergency Management Agency)'' after ``Homeland Security''; and (ii) in the first sentence of subsection (c), by striking ``agreements'' and inserting ``agreement''; (G) in the second sentence of section 222, by inserting ``in'' after ``referred to''; (H) in the second sentence of section 232, by striking ``sections 102 (c)'' and all that follows through ``January 14, 1986)'' and inserting ``section 102(b) of Public Law 108-188, 117 Stat. 2726, December 17, 2003''; (I) in the second sentence of section 252, by inserting ``, as amended,'' after ``Compact''; (J) in the first sentence of the first undesignated paragraph of section 341, by striking ``Section 141'' and inserting ``section 141''; (K) in section 342-- (i) in subsection (a), by striking ``14 U.S.C. 195'' and inserting ``section 195 of title 14, United States Code''; and (ii) in subsection (b)-- (I) by striking ``46 U.S.C. 1295(b)(6)'' and inserting ``section 1303(b)(6) of the Merchant Marine Act, 1936 (46 U.S.C. 1295b(b)(6))''; and (II) by striking ``46 U.S.C. 1295b(b)(6)(C)'' and inserting ``section 1303(b)(6)(C) of that Act''; (L) in the third sentence of section 354(a), by striking ``section 442 and 452'' and inserting ``sections 442 and 452''; (M) in section 461(h), by striking ``Telecommunications'' and inserting ``Telecommunication''; (N) in section 462(b)(4), by striking ``of Free Association'' the second place it appears; and (O) in section 463(b), by striking ``Articles IV'' and inserting ``Article IV''. (2) U.S.-RMI compact.--The Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Republic of the Marshall Islands (as provided in section 201(b) of the Compact of Free Association Amendments Act of 2003 (117 Stat. 2795)) is amended-- (A) in section 174(a), by striking ``court'' and inserting ``courts''; (B) in section 177(a), by striking the comma before ``(or Palau)''; (C) in section 179(b), by striking ``amended Compact,'' and inserting ``Compact, as amended,''; (D) in section 211-- (i) in the fourth sentence of subsection (a), by striking ``Compact, as Amended, of Free Association'' and inserting ``Compact of Free Association, as amended``; (ii) in the first sentence of subsection (b), by striking ``Agreement between the Government of the United States and the Government of the Republic of the Marshall Islands Regarding Miliary Use and Operating Rights'' and inserting ``Agreement Regarding the Military Use and Operating Rights of the Government of the United States in the Republic of the Marshall Islands concluded Pursuant to Sections 321 and 323 of the Compact of Free Association, as Amended (Agreement between the Government of the United States and the Government of the Republic of the Marshall Islands Regarding Military Use and Operating Rights)''; and (iii) in the last sentence of subsection (e), by inserting before the period at the end the following: ``and the Federal Programs and Services Agreement referred to in section 231''; (E) in section 221(a)-- (i) in the matter preceding paragraph (1), by striking ``Section 231'' and inserting ``section 231''; and (ii) in paragraph (5), by inserting ``(Federal Emergency Management Agency)'' after ``Homeland Security''; (F) in the second sentence of section 232, by striking ``sections 103(m)'' and all that follows through ``(January 14, 1986)'' and inserting ``section 103(k) of Public Law 108-188, 117 Stat. 2734, December 17, 2003''; (G) in the first sentence of section 341, by striking ``Section 141'' and inserting ``section 141''; (H) in section 342-- (i) in subsection (a), by striking ``14 U.S.C. 195'' and inserting ``section 195 of title 14, United States Code''; and (ii) in subsection (b)-- (I) by striking ``46 U.S.C. 1295(b)(6)'' and inserting ``section 1303(b)(6) of the Merchant Marine Act, 1936 (46 U.S.C. 1295b(b)(6))''; and (II) by striking ``46 U.S.C. 1295b(b)(6)(C)'' and inserting ``section 1303(b)(6)(C) of that Act''; (I) in the third sentence of section 354(a), by striking ``section 442 and 452'' and inserting ``sections 442 and 452''; (J) in the first sentence of section 443, by inserting ``, as amended.'' after ``the Compact''; (K) in the matter preceding paragraph (1) of section 461(h)-- (i) by striking ``1978'' and inserting ``1998''; and (ii) by striking ``Telecommunications'' and inserting ``Telecommunication Union''; and (L) in section 463(b), by striking ``Article'' and inserting ``Articles''. SEC. 7. TRANSMISSION OF VIDEOTAPE PROGRAMMING. Section 111(e)(2) of title 17, United States Code, is amended by striking ``or the Trust Territory of the Pacific Islands'' and inserting ``the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands''. SEC. 8. PALAU ROAD MAINTENANCE. The Government of the Republic of Palau may deposit the payment otherwise payable to the Government of the United States under section 111 of Public Law 101-219 (48 U.S.C. 1960) into a trust fund if-- (1) the earnings of the trust fund are expended solely for maintenance of the road system constructed pursuant to section 212 of the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note); and (2) the trust fund is established and operated pursuant to an agreement entered into between the Government of the United States and the Government of the Republic of Palau. SEC. 9. CLARIFICATION OF TAX-FREE STATUS OF TRUST FUNDS. In the U.S.-RMI Compact, the U.S.-FSM Compact, and their respective trust fund subsidiary agreements, for the purposes of taxation by the United States or its subsidiary jurisdictions, the term ``State'' means ``State, territory, or the District of Columbia''. Passed the Senate September 29, 2006. Attest: Secretary. 109th CONGRESS 2d Session S. 1830 _______________________________________________________________________ AN ACT To amend the Compact of Free Association Amendments Act of 2003, and for other purposes.

Compacts of Free Association Amendments Act of 2005 - Amends the Compact of Free Association Amendments Act of 2003 with respect to the provision of emergency and disaster assistance through the United States Agency for International Development (USAID) and the Federal Emergency Management Agency (FEMA) to the Federated States of Micronesia and the Republic of the Marshall Islands. Provides with respect to the Republic of Palau that: (1) students from Micronesia and the Marshall Islands attending universities or colleges in Palau shall remain eligible for specified higher education assistance; and (2) government, institutions, and people of Palau shall be eligible for education assistance through FY2009 that they were eligible for in FY2003. Provides for the continuation of legal services to the citizens of Micronesia, Palau, and the Marshall Islands legally residing in the United States (including territories and possessions). Authorizes Micronesia, Palau, and the Marshall Islands to transmit videotaped programming. Authorizes the government of Palau to deposit the payment otherwise payable to the U.S. government under P.L. 101-219 (a law concerning the implementation of the Palau Compact of Free Association and insular area matters) into a trust fund if: (1) trust fund earnings are expended solely for maintenance of the road system constructed pursuant to the Compact of Free Association between the U.S. government and the government of Palau; and (2) the trust fund is established and operated pursuant to an agreement between the U.S. government and the government of Palau. Provides that in the U.S.-RMI Compact (Marshall Islands), the U.S.-FSM Compact (Micronesia), and their respective trust fund subsidiary agreements, for the purposes of taxation by the United States or its subsidiary jurisdictions, the term "state" means state, territory, or the District of Columbia.

A bill to amend the Compact of Free Association Amendments Act of 2003, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abraham Lincoln Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Abraham Lincoln, the 16th President, was one of the Nation's greatest leaders, demonstrating true courage during the Civil War, one of the greatest crises in the Nation's history. (2) Born of humble roots in present-day LaRue County, Kentucky, on February 12, 1809, Abraham Lincoln rose to the Presidency through a combination of honesty, integrity, intelligence, and commitment to the United States. (3) With the belief that all men were created equal, Abraham Lincoln led the effort to free all slaves in the United States. (4) Abraham Lincoln had a generous heart, with malice toward none and with charity for all. (5) Abraham Lincoln gave the ultimate sacrifice for his country, dying from an assassin's bullet on April 15, 1865. (6) The year 2009 will be the bicentennial anniversary of the birth of Abraham Lincoln. (7) The Abraham Lincoln Bicentennial Commission has been charged by Congress with planning the celebration of Lincoln's bicentennial. (8) The proceeds from a commemorative coin will help fund the celebration and the continued study of the life of Lincoln. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--All coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the life and legacy of President Abraham Lincoln. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2009''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the Abraham Lincoln Bicentennial Commission; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2009. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f)(1), title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Abraham Lincoln Bicentennial Commission to further the work of the Commission. (c) Audits.--The Abraham Lincoln Bicentennial Commission shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code. (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Abraham Lincoln Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 500,000 $1 coins emblematic of the life and legacy of President Abraham Lincoln. States that only one facility of the U.S. Mint may be used to strike any particular quality of the coins. Authorizes the Secretary to issue the coins only during the one-year period beginning on January 1, 2009. Prescribes guidelines for coin sales, including a surcharge of $10 per coin, to be paid by the Secretary to the Abraham Lincoln Bicentennial Commission to further its work. Subjects the Commission to federal audit requirements.

To require the Secretary of the Treasury to mint coins in commemoration of the bicentennial of the birth of Abraham Lincoln.

SECTION. 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Pike and San Isabel Restoration Charter Forest Act of 2002''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Wildland-urban restoration charter forest demonstration project for Pike and San Isabel National Forests and Cimarron and Comanche National Grasslands. Sec. 4. Independent scientific review and monitoring. Sec. 5. Community management council. Sec. 6. Relation to National Environmental Policy Act of 1969. Sec. 7. Predecisional review process for demonstration project. Sec. 8. Stewardship contracting authority. Sec. 9. Retention and use of receipts. Sec. 10. Authorization of appropriations. SEC. 2. DEFINITIONS. In this Act: (1) The terms ``wildland-urban restoration charter forest demonstration project'' and ``demonstration project'' mean the demonstration project required by this Act for covered National Forest System lands in the State of Colorado. (2) The terms ``community management council'' and ``council'' mean the community management council appointed under section 5. (3) The term ``covered National Forest System lands'' means the Pike and San Isabel National Forests and the Cimarron and Comanche National Grasslands. (4) The terms ``independent scientific panel'' and ``panel'' mean the panel assembled by the Secretary under section 4. (5) The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. SEC. 3. WILDLAND-URBAN RESTORATION CHARTER FOREST DEMONSTRATION PROJECT FOR PIKE AND SAN ISABEL NATIONAL FORESTS AND CIMARRON AND COMANCHE NATIONAL GRASSLANDS. (a) Demonstration Project Required.--The Secretary of Agriculture, acting through the Chief of the Forest Service, shall conduct a wildland-urban restoration charter forest demonstration project for the Pike and San Isabel National Forests and Cimarron and Comanche National Grasslands for the purpose of increasing community involvement in decisionmaking regarding the management of the covered National Forest System lands and evaluating various methods, described in this Act, to improve the management and health of the covered National Forest System lands. (b) Commencement of Demonstration Project.--The Secretary shall commence the demonstration project as soon as practicable after the submission of the initial report of the independent scientific panel under section 4. (c) Duration.--The Secretary shall terminate the demonstration project at the end of the 10-year period beginning on the date the demonstration project is commenced under subsection (b). (d) Relation to Other National Forest System Laws.--Except as provided in this Act, during the term of the demonstration project, the Secretary shall continue to manage the covered National Forest System lands under all of the laws and regulations governing occupancy, use, and management of the National Forest System. SEC. 4. INDEPENDENT SCIENTIFIC REVIEW AND MONITORING. (a) Review of Ecological, Social, and Economic Sustainability.-- (1) Initial review.--The Secretary shall assemble an independent scientific panel to conduct an assessment, using accepted measures and indicators, of the ecological, social, and economic sustainability of the covered National Forest System lands, taking into consideration such factors as forest health, susceptibility to catastrophic fire, biological diversity, and economic productivity of the covered National Forest System lands. (2) Submission of results.--Not later than one year after the date of the enactment of this Act, the panel shall submit to the Secretary and Congress a report containing the results of the assessment conducted under this subsection. (b) Subsequent Monitoring of Demonstration Project.-- (1) Monitoring plan.--The panel shall prepare a monitoring plan to be used to track the implementation of the wildland- urban restoration charter forest demonstration project. (2) Revised review.--At the end of the first five years of the demonstration project and upon the completion of the demonstration project, the panel shall revise the assessment conducted under subsection (a) and resubmit it to the Secretary and to Congress. (3) Effects of charter project.--Using the information collected from the monitoring plan, the panel shall include in each revised assessment an evaluation of the positive and negative impacts of the demonstration project on changes in the ecological, social, and economic sustainability and susceptibility to catastrophic wildfire of the covered National Forest System lands. SEC. 5. COMMUNITY MANAGEMENT COUNCIL. (a) Establishment and Purposes.--The Secretary shall establish a community management council as part of the wildland-urban restoration charter forest demonstration project for the purpose of-- (1) advising the Secretary and the supervisor of the covered National Forest System lands on the broad array of environmental, economic, and social issues related to the management, occupancy, and use of the covered National Forest System lands; (2) assisting in the development of binding priorities for management activities, including hazardous fuels reduction, watershed protection, disease and invasive species treatment and control; and (3) assisting the Secretary in the development of the programmatic environmental impact statement and consideration of proposed projects and activities under section 6. (b) Appointment and Members.--The council shall consist of 13 members, appointed by the Secretary as follows: (1) Five members appointed from nominations provided by the Governor of Colorado. (2) Four members appointed from nominations provided by the senior Senator from Colorado. (3) Four members appointed from nominations provided by the junior Senator from Colorado. (c) Qualifications.--The members of the council should be appointed from communities in close proximity to the covered National Forest System lands and represent a broad range of interests, including conservation interests, commodity and forest products interests, and the interests of county and municipal governments in the area. Members should have a demonstrated ability to constructively work toward beneficial solutions with a diverse range of interests on complex land management issues. (d) Forest Supervisor.--The Supervisor of the covered National Forest System lands shall serve as an ex officio member of the council. (e) Vacancies.--Vacancies on the council shall be filled in the same manner as the original appointment. (f) Compensation.--Members of the council who are not Federal employees shall serve without compensation. (g) Other Council Authorities and Requirements.-- (1) Staff assistance.--The council may request the Secretary to provide staff assistance to the council from Federal employees under the jurisdiction of the Secretary. (2) Meetings.--All meetings of the council shall be announced at least one week in advance in a local newspaper of record and shall be open to the public. (3) Records.--The council shall maintain records of the meetings of the council and make the records available for public inspection. (4) Relation to other law.--The council shall be exempt from the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 6. RELATION TO NATIONAL ENVIRONMENTAL POLICY ACT OF 1969. (a) Programmatic Environmental Impact Statement.-- (1) Preparation.--Not later than 60 days after the appointment of all of the members to the community management council, the Secretary shall begin to develop a programmatic environmental impact statement pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to establish the wildland-urban restoration charter forest demonstration project. (2) Role of council.--The Secretary shall prepare the programmatic environmental impact statement, and any amendment thereto, with the advice and cooperation of the council. (b) Content.--The programmatic environmental impact statement for the demonstration project shall address the following: (1) Land and resource management goals and objectives for the covered National Forest System lands, including desired landscape conditions and management outcomes and outputs, to be realized during the term of the demonstration project, and at various intervals thereof. (2) Standards and guidelines for achieving the land and resource management goals and objectives. (3) A monitoring plan to ensure that project level activities are consistent with the land and resource management goals and objectives and related standards and guidelines. (c) Legal Requirements.--In preparing the programmatic environmental impact statement, the Secretary shall comply with all applicable Federal environmental statutes and their implementing regulations, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.). Upon establishment, the Secretary shall carry out only those projects and activities on the covered National Forest System lands that are consistent with the requirements of this Act and the programmatic environmental impact statement. (d) Adoption.--The programmatic environmental impact statement shall be considered as operative upon the approval of the Secretary and the majority of the members of the council. (e) Effect of Adoption.-- (1) Consistent projects and activities.--If the Secretary determines that a proposed project or activity under the demonstration project is consistent with the requirements of this Act and the programmatic environmental impact statement, the Secretary shall not be required to do additional analysis under the National Environmental Policy Act of 1969 with regard to the project or activity notwithstanding other regulations, policies, and other administrative directives. (2) Inconsistent projects and activities.--If the Secretary determines that a proposed project or activity under the demonstration project is not consistent with the requirements of this Act and the programmatic environmental impact statement, the Secretary may not approve the proposed project or activity unless-- (A) the project or activity is revised so as to be compatible with the programmatic environmental impact statement; or (B) the programmatic environmental impact statement is amended, consistent with the National Environmental Policy Act of 1969 and the Forest and Rangeland Renewable Resources Planning Act of 1974, so that the project or activity is compatible with the amended programmatic environmental impact statement. (f) Challenge.-- (1) Authority to file.--If an individual or entity that meets the standing requirements necessary to challenge a determination of the Secretary under subsection (e) disagrees with the Secretary's determination regarding the compatibility of an project or activity with the programmatic environmental impact statement, the person may file a predecisional objection under section 7 with the Secretary. (2) Response.--If the Secretary, after consultation with the council, agrees with the appellant that the project or activity is not incompatible with the programmatic environmental impact statement, the Secretary may not conduct the project or activity unless-- (A) the project or activity is revised, as provided in subsection (e)(2)(A); or (B) the programmatic environmental impact statement is amended, as provided in subsection (e)(2)(B). SEC. 7. PREDECISIONAL REVIEW PROCESS FOR DEMONSTRATION PROJECT. (a) In General.--The Secretary shall promulgate rules to establish a predecisional review process that would be used during the term of the wildland-urban restoration charter forest demonstration project in connection with site-specific projects for the covered National Forest System lands. (b) Relation to Required Environmental Analysis.--Subject to section 6, the predecisional review process shall not be construed to alter or waive any environmental analysis otherwise required as part of the planning or implementation of a project for the covered National Forest System lands. (c) Required Elements of Predecisional Review.-- (1) Notice.--The rules required by subsection (a) shall provide for notice of a proposed decision and an opportunity to request review before a final decision on a site-specific project is made. (2) Right to request a predecisional review.--For a period not to exceed 30 days from the date notice is provided pursuant to paragraph (1), review of a proposed decision may be requested by any individual or entity, but only if the individual or entity submitted written comments during the preparation stage of the project on the specific issue or issues for which predecisional review is sought. (3) Completion of review.--The review of a request for predecisional review shall be completed before issuance of a final decision regarding the project at issue. The review shall be completed within 30 days after the date the request was submitted. (d) Exemption.--The Secretary may exempt any proposed decision responding to an unexpected or serious event that would provide relief from hazards threatening human health, property, and safety, natural resources, or to provide for rehabilitation and recovery of forest resources, from the predecisional review rules prescribed under this section. (e) Exhaustion of Predecisional Review Process.--Notwithstanding any other provision of law, an individual or entity must exhaust the predecisional review process before the individual or entity may bring an action in court challenging a site-specific project under the demonstration project. (f) Presumption.--In any predecisional review of a management activity under the demonstration project, the official or administrative entity responsible for the review or the court with jurisdiction over litigation resulting from the review shall give deference to the expert judgment of the Secretary in identifying and interpreting the scientific data that is the basis for the activity. (g) Relation to Forest Service Decision Making and Appeals Reform.--Section 322 of the Department of the Interior and Related Agencies Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612 note), shall not apply to activities conducted under the demonstration project. SEC. 8. STEWARDSHIP CONTRACTING AUTHORITY. (a) Use of Existing Demonstration Authority.--During the term of the wildland-urban restoration charter forest demonstration project, the Secretary may enter into stewardship and end result contracts for the covered National Forest System lands in accordance with section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 note), to accomplish the land management goals specified in subsection (b) of such section. (b) Additional Contracts.--The contracts entered into under the authority of subsection (a) shall be in addition to the stewardship and end result contracts authorized under such section 347, section 338 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public Law 106-291; 16 U.S.C. 2104 note), or any other provision of law. SEC. 9. RETENTION AND USE OF RECEIPTS. (a) Retention.--During the term of the wildland-urban restoration charter forest demonstration project, the Secretary shall retain the monetary proceeds from commercial timber sales, special use permit fees, and all other receipts derived from the covered National Forest System lands and any funds appropriated with respect to the covered National Forest System lands. Such receipts and funds shall not be subject to overhead assessments. (b) Use.--The Secretary shall use the funds for projects for the covered National Forest System lands, with priority placed on projects related to forest health, restoration, watershed protection, hazardous fuels reduction, and disease and invasive species control. (c) Role of Council.--The Secretary shall consult with the council in selecting projects under this section. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary $1,000,000 for each of the fiscal years 2003 through 2005 to implement this Act.

Pike and San Isabel Restoration Charter Forest Act of 2002 - Directs the Secretary of Agriculture, through the Chief of the Forest Service, to conduct a ten-year wildland-urban restoration charter forest demonstration project for the Pike and San Isabel National Forests and Cimarron and Comanche National Grasslands in Colorado, in order to increase community management in such National Forest System lands.Directs the Secretary to: (1) provide for independent scientific review and monitoring of such lands' ecological, social, and economic sustainability; (2) establish a community management council; (3) develop a programmatic environmental impact statement to establish such project; and (4) establish a predecisional review process for use during the project's duration in connection with site-specific projects.Authorizes: (1) the Secretary to enter into stewardship and end result contracts during the project's duration; and (2) FY 2003 through 2005 appropriations.

To require the Secretary of Agriculture to conduct a wildland-urban restoration charter forest demonstration project in the Pike and San Isabel National Forests and Cimarron and Comanche National Grasslands to increase community involvement in decisionmaking regarding the management of those forests and grasslands, to evaluate the feasibility of using a predecisional review process for projects conducted as part of the demonstration project, to provide stewardship contracting authority as part of the demonstration project, and for other purposes.

SECTION 1. APPLICATION OF SECTION 355 TO DISTRIBUTIONS FOLLOWED BY ACQUISITIONS AND TO INTRAGROUP TRANSACTIONS. (a) Distributions Followed by Acquisitions.--Section 355 of the Internal Revenue Code of 1986 (relating to distribution of stock and securities of a controlled corporation) is amended by adding at the end the following new subsection: ``(e) Recognition of Gain Where Certain Distributions of Stock or Securities Are Followed by Acquisition.-- ``(1) General rule.--If there is a distribution to which this subsection applies, the following rules shall apply: ``(A) Acquisition of controlled corporation.--If there is an acquisition described in paragraph (2)(A)(ii) with respect to any controlled corporation (or any successor thereof), any stock or securities in the controlled corporation shall not be treated as qualified property for purposes of subsection (c)(2) of this section or section 361(c)(2). ``(B) Acquisition of distributing corporation.--If there is an acquisition described in paragraph (2)(A)(ii) with respect to the distributing corporation (or any successor thereof), the controlled corporation shall recognize gain in an amount equal to the amount of net gain which would be recognized if all the assets of the distributing corporation (immediately after the distribution) were sold (at such time) for fair market value. Any gain recognized under the preceding sentence shall be treated as long-term capital gain and shall be taken into account for the taxable year which includes the day after the date of such distribution. ``(2) Distributions to which subsection applies.-- ``(A) In general.--This subsection shall apply to any distribution-- ``(i) to which this section (or so much of section 356 as relates to this section) applies, and ``(ii) which is part of a plan (or series of related transactions) pursuant to which a person acquires stock representing a 50-percent or greater interest in the distributing corporation or any controlled corporation (or any successor of either). ``(B) Plan presumed to exist in certain cases.--If a person acquires stock representing a 50-percent or greater interest in the distributing corporation or any controlled corporation (or any successor of either) during the 4-year period beginning on the date which is 2 years before the date of the distribution, such acquisition shall be treated as pursuant to a plan described in subparagraph (A)(ii) unless it is established that the distribution and the acquisition are not pursuant to a plan or series of related transactions. ``(C) Certain acquisitions not taken into account.--If-- ``(i) a person acquires stock in any controlled corporation by reason of holding stock in the distributing corporation, and ``(ii) such person did not acquire the stock in the distributing corporation pursuant to a plan described in subparagraph (A)(ii), the acquisition described in clause (i) shall not be taken into account for purposes of subparagraph (A)(ii) or (B). ``(D) Coordination with subsection (d).--This subsection shall not apply to any distribution to which subsection (d) applies. ``(3) Definition and special rules.--For purposes of this subsection-- ``(A) 50-percent or greater interest.--The term `50-percent or greater interest' has the meaning given such term by subsection (d)(4). ``(B) Distributions in title 11 or similar case.-- Paragraph (1) shall not apply to any distribution made in a title 11 or similar case (as defined in section 368(a)(3)). ``(C) Aggregation and attribution rules.-- ``(i) Aggregation.--The rules of paragraph (7) of subsection (d) shall apply. ``(ii) Attribution.--Section 318(a)(2) shall apply in determining whether a person holds stock or securities in any corporation. Except as provided in regulations, section 318(a)(2)(C) shall be applied without regard to the phrase `50 percent or more in value' for purposes of the preceding sentence. ``(D) Statute of limitations.--If there is an acquisition to which paragraph (1) (A) or (B) applies-- ``(i) the statutory period for the assessment of any deficiency attributable to any part of the gain recognized under this subsection by reason of such acquisition shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) that such acquisition occurred, and ``(ii) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment. ``(4) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including regulations-- ``(A) providing for the application of this subsection where there is more than 1 controlled corporation, ``(B) treating 2 or more distributions as 1 distribution where necessary to prevent the avoidance of such purposes, and ``(C) providing for the application of rules similar to the rules of subsection (d)(6) where appropriate for purposes of paragraph (2)(B).'' (b) Section 355 Not To Apply to Certain Intragroup Transactions.-- Section 355 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by adding at the end the following new subsection: ``(f) Section Not To Apply to Certain Intragroup Transactions.-- Except as provided in regulations, this section shall not apply to the distribution of stock from 1 member of an affiliated group filing a consolidated return to another member of such group, and the Secretary shall provide proper adjustments for the treatment of such distribution, including (if necessary) adjustments to-- ``(1) the adjusted basis of any stock which-- ``(A) is in a corporation which is a member of such group, and ``(B) is held by another member of such group, and ``(2) the earnings and profits of any member of such group.'' (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to distributions after April 16, 1997. (2) Transition rule for distributions followed by acquisitions.--The amendments made by subsection (a) shall not apply to any distribution after April 16, 1997, if such distribution is-- (A) made pursuant to a written agreement which was (subject to customary conditions) binding on such date and at all times thereafter, (B) described in a ruling request submitted to the Internal Revenue Service on or before such date, or (C) described on or before such date in a public announcement or in a filing with the Securities and Exchange Commission required solely by reason of the distribution. This paragraph shall not apply to any written agreement, ruling request, or public announcement or filing unless it identifies the acquirer of the distributing corporation or any controlled corporation, whichever is applicable.

Amends the Internal Revenue Code to regulate the recognition of gain when there is a distribution of stock or securities that is part of a plan (or series of related transactions) pursuant to which a person acquires stock representing a 50 percent or greater interest in the distributing corporation or any controlled corporation (or any successor of either). Presumes the existence of such a plan in certain circumstances (unless disproved).

To amend section 355 of the Internal Revenue Code of 1986 to prevent the avoidance of corporate tax on prearranged sales of corporate stock, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Change the Course in Iraq Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) members of the United States Armed Forces have shown great valor and courage in Iraq in the performance of their duties; and (2) the sacrifice of the members of the Armed Forces and the sacrifice of their families are recognized and appreciated. SEC. 3. 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. 4. REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ. (a) Plan Required.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for the phased redeployment of United States Armed Forces from Iraq. (b) Requirements.--The plan required by subsection (a) shall limit the presence of the Armed Forces in Iraq to the following missions: (1) Defeating Al-Qaeda and other foreign terrorists. (2) Training Iraqi security forces. (3) Protecting United States forces. SEC. 5. DIPLOMATIC INITIATIVE FOR STABILITY IN IRAQ AND THE REGION. It is the sense of Congress that the United States should increase its diplomatic efforts with the Government of Iraq to help stabilize Iraq and the region. SEC. 6. COORDINATOR FOR IRAQ STABILIZATION. (a) Establishment.--Not later than 30 days after the date of the enactment of this Act, the President shall appoint a Coordinator for Iraq Stabilization (hereinafter in this section referred to as the ``Coordinator''). (b) Duties.--The Coordinator shall have a robust mandate to develop and coordinate United States initiatives with respect to Iraq, and shall report regularly to the President and the Secretary of State. (c) Statement of Policy.--In carrying out the duties specified in subsection (b), Congress strongly urges the Coordinator to pursue efforts with the Government of Iraq to include the following: (1) Supporting the unity and territorial integrity of Iraq. (2) Preventing destabilizing actions and interventions by Iraq's neighbors. (3) Securing Iraq's borders, including the use of joint patrols with neighboring countries. (4) Preventing the expansion of the instability and conflict beyond Iraq's borders. (5) Promoting economic assistance, commerce, trade, political support, and if possible, military assistance for the Iraqi Government from non-neighboring Muslim nations. (6) Energizing countries to support national political reconciliation in Iraq. (7) Validating Iraq's legitimacy by resuming diplomatic relations, where appropriate, and reestablishing embassies in Baghdad. (8) Assisting Iraq in establishing active working embassies in key capitals in the region. (9) Helping Iraq reach a mutually acceptable agreement on Kirkuk. (10) Assisting the Iraqi Government in achieving certain security, political, and economic milestones, including national reconciliation, equitable distribution of oil revenues, and the dismantling of militias. (11) Supporting the holding of a conference or meeting in Baghdad of the League of Arab League States or the Organization of the Islamic Conference both to assist the Iraqi Government in promoting national reconciliation in Iraq and to reestablish the diplomatic presence of such organizations in Iraq. (12) Creating an Iraq International Support Group consisting of all countries that border Iraq as well as other key countries in the region and the world. The five permanent members of the United Nations Security Council and the European Union should also be members. The Support Group should develop specific approaches to neighboring countries to take into account the interests, perspectives, and potential contributions such countries can make. SEC. 7. LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF IRAQ. (a) Findings.--Congress makes the following findings: (1) The Iraq Study Group Report advised, ``Sustained increases in U.S. troop levels would not solve the fundamental cause of violence in Iraq, which is the absence of national reconciliation . . . Past experience indicates that the violence would simply rekindle as soon as U.S. forces are moved.''. (2) The goal of United States policy in Iraq, as stated by President George W. Bush, is an Iraq that can ``govern itself, sustain itself, and defend itself''. (3) In accordance with Recommendation 21 of the Iraq Study Group Report, if the Iraqi Government does not make substantial progress toward the achievement of milestones on national reconciliation, security, and governance, the United States should reduce its political, military, or economic support for the Iraqi Government. There must be consequences if Iraq does not perform. (4) In a November 2006 Department of Defense report to Congress regarding the status of security in Iraq, 91 of 118 battalions, 30 of 36 brigades, and six of ten divisions were in the lead when conducting operations, with the United States in supporting roles. The Iraqi Ground Forces Command had command and control of two of the ten Iraqi Army divisions and only two of Iraq's 18 provinces were in Provincial Iraqi Control, operating independently of Coalition forces. Thus, there is an urgent, near-term need for putting a time-table on when Iraqi forces need to be trained, equipped, and in the lead of security operations, tied to conditional funding, which may give the Iraqi Government the incentive it needs to take control of its security. (5) The Iraq Study Group's recommendations for Iraq's goals for national reconciliation, security, and governance include-- (A) the reintegration of Baathists and Arab nationalists into the government; (B) disarming, demobilizing, and reintegrating militia members into civilian society; (C) the accruing of oil revenues to the central government to be shared on the basis of population; and (D) amending the Iraq Constitution. (6) The Iraq Study Group estimated the United States has appropriated $34 billion to support the reconstruction of Iraq, of which $21 billion has been appropriated for the Iraq Relief and Reconstruction Fund. (7) As part of the comprehensive strategy supported by the Iraq Study Group, the United States should embark on a ``robust diplomatic effort to establish an international support structure intended to stabilize Iraq and ease tensions in other countries of the region''. (8) In his address to the Nation on the Iraq War on January 10, 2007, President Bush stated America would hold the Government of Iraq to the benchmarks it has announced--the Iraqi Government plans to take responsibility for security in all of Iraq's provinces by November 2007, Iraq will pass legislation to share oil revenues among all Iraqis, the Iraqi Government will spend $10 billion of its own money on reconstruction and infrastructure projects that will create new jobs, Iraqis plan to hold provincial elections later in 2007, and the Iraqi Government will reform de-Baathification laws and establish a fair process for considering amendments to the Iraq Constitution. (9) In the State of the Union Address on January 23, 2007, President Bush stated ``Iraq's leaders know that our commitment is not open-ended. They have promised to deploy more of their own troops to secure Baghdad, and they must do so. They have pledged that they will confront violent radicals of any faction or political party. And they need to follow through and lift needless restrictions on Iraqi and coalition forces, so these troops can achieve their mission of bringing security to all of the people of Baghdad. Iraq's leaders have committed themselves to a series of benchmarks to achieve reconciliation--to share oil revenues among all of Iraq's citizens, to put the wealth of Iraq into the rebuilding of Iraq, to allow more Iraqis to re- enter their nation's civic life, to hold local elections, and to take responsibility for security in every Iraqi province.''. (b) Limitation on Assistance.-- (1) In general.--Beginning on December 31, 2007, assistance described in paragraph (2) may be provided to the Government of Iraq only if the President certifies to the congressional defense committees that-- (A) the Iraqi Government has approved laws to-- (i) reintegrate Baathists and Arab nationalists into the government; (ii) disarm, demobilize, and reintegrate militia members into civilian society; and (iii) provide for the accruing of oil revenues to the central government to be shared on the basis of population; (B) the Iraqi Government has amended the Iraq Constitution as appropriate to guarantee the rights of all Iraqi citizens; (C) the Iraqi Government is making significant progress to control its security forces, including significant progress to ensure that the security forces are able to take the lead in security operations; and (D) each of Iraq's provinces is under the control of provincial Iraqi governmental authorities. (2) Assistance described.--Assistance referred to in paragraph (1) is assistance provided under any provision of law for the Iraqi security forces or for the relief and reconstruction of Iraq. SEC. 8. DEFINITIONS. As used in this Act: (1) Armed forces.--The term ``Armed Forces'' has the meaning given the term in section 101(a)(4) of title 10, United States Code. (2) Congressional defense committees.--The term ``congressional defense committees'' means-- (A) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Armed Services and the Committee on Appropriations of the Senate.

Change the Course in Iraq Act - Expresses the sense of Congress that: (1) members of the U.S. Armed Forces have shown great valor and courage in Iraq in the performance of their duties; and (2) the sacrifices of such members and their families are recognized and appreciated. Repeals the Authorization for Use of Military Force Against Iraq Resolution of 2002. Requires the Secretary of Defense to submit to the congressional defense committees a plan for the phased redeployment of U.S. Armed Forces from Iraq. Expresses the sense of Congress that the United States should increase its diplomatic efforts within the government of Iraq to help stabilize Iraq and the region. Directs the President to appoint a Coordinator for Iraq Stabilization. Conditions U.S. assistance for Iraqi security forces or Iraq relief and reconstruction, beginning on December 31, 2007, upon the President certifying to the defense committees that the Iraqi government has taken certain actions with respect to stabilizing the Iraqi government, guaranteeing rights of Iraqi citizens, and controlling its security forces.

To commend the members of the United States Armed Forces on their performance and bravery in Iraq, to repeal the Authorization for Use of Military Force Against Iraq Resolution (Public Law 107-243), to require the Secretary of Defense to submit to Congress a plan for the phased redeployment of United States Armed Forces from Iraq, to establish a Coordinator for Iraq Stabilization, and to place conditions on the obligation of funds to the Government of Iraq based on the achievement of benchmarks established by Iraq and the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unlawful Employers Accountability and Illegal Alien State Reimbursement Act of 2007''. SEC. 2. COMPLIANCE WITH RESPECT TO THE UNLAWFUL EMPLOYMENT OF ALIENS. (a) Civil Penalty.--Paragraph (4) of subsection (e) of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended to read as follows: ``(4) Cease and desist order with civil money penalty for hiring, recruiting, and referral violations.-- ``(A) In general.--With respect to a violation by any person or other entity of subsection (a)(1)(A) or (a)(2), the Secretary of Homeland Security shall require such person or such entity to cease and desist from such violations and to pay a civil penalty in the amount specified in subparagraph (B). ``(B) Amount of civil penalty.-- ``(i) Schedule of penalties based on the number of unauthorized aliens.--For each occurrence of a violation of subsection (a)(1)(A) or (a)(2) with respect to the alien referred to in such subsection, the civil penalty shall be the following: ``(I) For a violation with respect to one unauthorized alien, $5,000. ``(II) For a violation with respect to greater than or equal to 2 such aliens but less than or equal to 10 such aliens, $5,000 for each such alien. ``(III) For a violation with respect to greater than or equal to 11 such aliens but less than or equal to 25 such aliens, $15,000 for each such alien. ``(IV) For a violation with respect to greater than or equal to 26 such aliens but less than or equal to 50 such aliens, $25,000 for each such alien. ``(V) For a violation with respect to greater than or equal to 51 such aliens but less than or equal to 75 such aliens, $35,000 for each such alien. ``(VI) For a violation with respect to greater than 75 such aliens, $50,000 for each such alien. ``(ii) Additional amounts for costs of removal.--In the event of the removal of an alien from the United States based on findings developed in connection with the assessment or collection of a penalty under this paragraph, the costs incurred by the Federal Government, cooperating State and local governments, and State and local law enforcement agencies in connection with such removal shall be added to the amount of the penalty specified under clause (i). ``(C) Distinct, physically separate subdivisions.-- In applying this subsection in the case of a person or other entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or other entity.''. (b) Denial of Agricultural Assistance for Violators.--Section 274A of such Act (8 U.S.C. 1324a) is further amended by adding at the end the following new subsection: ``(i) Denial of Agricultural Assistance for Violators.--In the case of a violation of subsection (a)(1)(A) or (a)(2) by an agricultural association, agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802)), such association, employer, or contractor shall be ineligible for agricultural assistance described in paragraphs (1), (2), and (3) of section 1211(a) of the Food Security Act of 1985 (16 U.S.C. 3811(a)) for a period not to exceed 5 years.''. (c) Good Faith Defense.-- (1) In general.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is further amended-- (A) by striking subsection (a)(3); and (B) by striking subsection (b)(6). (2) Conforming amendments.--Section 274A of such Act (8 U.S.C. 1324a) is further amended-- (A) in subsection (a)(5), by striking ``paragraphs (1)(B) and (3)'' and inserting ``paragraph (1)(B)''; and (B) in subsection (b)-- (i) in the matter preceding paragraph (1), by striking ``paragraphs (1)(B) and (3)'' and inserting ``paragraph (1)(B)''; and (ii) by striking paragraph (6). (d) Disclosure Requirements.-- (1) In general.--The Secretary of Homeland Security shall establish, maintain, and regularly update a publicly accessible website that contains a list of persons or other entities that the Secretary has determined to have been in violation of subsection (a)(1)(A) or (a)(2) of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) in the preceding 5 years. (2) Contents of website.--Such website shall contain, with respect to each such person or entity, the following information: (A) The name, address, and telephone number of the person or entity. (B) The names of the owners, chief executive officers, or other similar officers of the person or entity. (C) The number of unauthorized aliens (as defined in section 274A(h)(3) of such Act (8 U.S.C. 1324a(h)(3))) found to be employed by the person or entity. (D) The aggregate dollar amount that the person or entity has received in the preceding 5 years under any Federal contract. (e) Effective Date.--The amendments made by subsections (a), (b), and (c) shall take effect 30 days after the date of the enactment of this Act and shall apply to violations occurring on or after such effective date. SEC. 3. DEBARMENT FROM GOVERNMENT CONTRACTS FOR EMPLOYERS OF UNAUTHORIZED ALIENS. (a) In General.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a), as amended by section 2(b), is amended by adding at the end the following new subsection: ``(j) Government Contracts.--If a person or other entity is determined by the Secretary of Homeland Security to be a repeat violator of this section, or is subject to criminal penalties under subsection (f)(1), the person or other entity shall be debarred from the receipt of Federal contracts (and subcontracts entered into (at any tier) under such contracts) for a period of 5 years.''. (b) Effective Date.--Section 274A(j) of the Immigration and Nationality Act (8 U.S.C. 1324a(j)), as added by subsection (a), shall apply with respect to contracts and subcontracts entered into after the expiration of the 90-day period beginning on the date of enactment of this Act. SEC. 4. REIMBURSING STATE AND LOCAL GOVERNMENTS FOR COSTS OF SERVING ILLEGAL ALIENS. (a) Making Payments to States.-- (1) In general.--Not later than 30 days following the end of the fiscal year, the Secretary shall make a payment to each eligible State in an amount equal to the amount credited as of the end of the fiscal year to the account of the State within the Illegal Alien State Reimbursement Fund as described in paragraph (2). (2) Establishment and operation of illegal alien state reimbursement fund.-- (A) Establishment of fund.--The Secretary shall establish a designated fund in the Treasury of the United States to be known as the ``Illegal Alien State Reimbursement Fund'' (in this section referred to as the ``Fund''). (B) State accounts.--The Secretary shall create a separate account within the Fund for each State that is an eligible State during the fiscal year. (C) Allocation method.--If any amount is received from an employer of an unauthorized alien for a violation of section 274A(a) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)) and if the violation occurred in an eligible State, the Secretary shall credit the account of that eligible State using the following formula: (i) If the violation occurs in a single eligible State, the Secretary shall credit the account of that eligible State with an amount equal to 75% of the amount received. (ii) If the violation occurs in multiple eligible States, the Secretary shall divide the amount described in clause (i) by the number of eligible States where the violation occurred and shall credit the account of each eligible State with an equal share. (b) Requirements for Use and Redistribution of Payments.-- (1) Use of payments specified.--A payment received under this section shall be used solely for payments to local educational agencies (as defined in section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26))), public health care providers, and law enforcement agencies for the purpose of assisting State and local governments with meeting the costs associated with serving aliens who are unlawfully present in the United States. (2) Redistribution of payment to counties and units of local government.--An eligible State shall redistribute 66 percent of the payment received under this section, within 60 days of receipt by the State, to appropriate counties and units of local government in accordance with a system that the State shall develop that provides for opportunities for input from all counties and units of local government in the state and that targets the areas of greatest need in accordance with the purpose described in paragraph (1), based on objective criteria. (c) Definitions.--For the purposes of this section, the following definitions apply: (1) Eligible state.--The term ``eligible State'' means a State that agrees-- (A) to use the payment received under this section for the uses specified in subsection (b)(1); (B) to redistribute the payment received under this section to counties and units of local government in accordance with subsection (b)(2); (C) to require that any county or unit of local government to whom a payment is redistributed shall use the payment for the uses specified in subsection (b)(1); and (D) to submit information and assurances at such time and in such form as the Secretary may require. (2) State.--The term ``State'' includes each State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (d) Effective Date.--This section shall take effect at the beginning of the next fiscal year following the date of enactment of this Act.

Unlawful Employers Accountability and Illegal Alien State Reimbursement Act of 2007 - Amends the Immigration and Nationality Act to revise (based upon the number of employees) and increase civil money penalties for employers who knowingly hire, recruit, refer, or continue to employ illegal aliens in the United States. Makes employers liable for federal, state, and local costs associated with such aliens' removal. Considers each subdivision as a separate employer in the case of an employer composed of distinct, physically separate subdivisions each of which provides separately for hiring, recruiting, or referring and which is not under the control of another subdivision. Denies specified agricultural assistance for up to five years for an agricultural employer, association, or farm labor contractor in violation of such employment provisions. Eliminates good faith defense provisions. Directs the Secretary of Homeland Security to maintain a website of employers determined to have been in violation of such provisions within the preceding five years. Makes repeat employer violators or employers subject to criminal penalties for such violations ineligible for federal contracts for five years. Directs the Secretary to establish in the Treasury the Illegal Alien State Reimbursement Fund to reimburse eligible states (including the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands) for payments to local educational agencies, public health care providers, and law enforcement agencies for costs associated with serving aliens unlawfully present in the United States.

To amend the Immigration and Nationality Act to improve enforcement of restrictions on employment in the United States of unauthorized aliens and to reimburse State and local governments for costs associated with serving illegal aliens.

SECTION 1. CLARIFICATION OF PRIVATE RIGHT OF ACTION AGAINST TERRORIST STATES; DAMAGES. (a) Right of Action.--Section 1605 of title 28, United States Code, is amended-- (1) in subsection (f), in the first sentence, by inserting ``or (h)'' after ``subsection (a)(7)''; and (2) by adding at the end the following: ``(h) Certain Actions Against Foreign States or Officials, Employees, or Agents of Foreign States.-- ``(1) Cause of action.-- ``(A) Cause of action.--A foreign state designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or an official, employee, or agent of such a foreign state, shall be liable to a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act) or the national's legal representative for personal injury or death caused by acts of that foreign state, or by that official, employee, or agent while acting within the scope of his or her office, employment, or agency, for which the courts of the United States may maintain jurisdiction under subsection (a)(7) for money damages. ``(B) Discovery.--The provisions of subsection (g) apply to actions brought under subparagraph (A). ``(C) Nationality of claimant.--No action shall be maintained under subparagraph (A) arising from acts of a foreign state or an official, employee, or agent of a foreign state if neither the claimant nor the victim was a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act) when such acts occurred. ``(2) Damages.--In an action brought under paragraph (1) against a foreign state or an official, employee, or agent of a foreign state, the foreign state, official, employee, or agent, as the case may be, may be held liable for money damages in such action, which may include economic damages, solatium, damages for pain and suffering, and, notwithstanding section 1606, punitive damages. In all actions brought under paragraph (1), a foreign state shall be vicariously liable for the actions of its officials, employees, or agents. ``(3) Appeals.--An appeal in the courts of the United States in an action brought under paragraph (1) may be made-- ``(A) only from a final decision under section 1291 of this title, and then only if filed with the clerk of the district court within 30 days after the entry of such final decision; and ``(B) in the case of an appeal from an order denying the immunity of a foreign state, a political subdivision thereof, or an agency of instrumentality of a foreign state, only if filed under section 1292 of this title.''. (b) Conforming Amendment.--Section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, as contained in section 101(a) of Division A of Public Law 104-208 (110 Stat. 3009-172; 28 U.S.C. 1605 note), is repealed. SEC. 2. PROPERTY SUBJECT TO ATTACHMENT EXECUTION. Section 1610 of title 28, United States Code, is amended by adding at the end the following: ``(g) Property Interests in Certain Actions.-- ``(1) In general.--A property interest of a foreign state, or agency or instrumentality of a foreign state, against which a judgment is entered under section 1605(a)(7), including a property interest that is a separate juridical entity, is subject to execution upon that judgment as provided in this section, regardless of-- ``(A) the level of economic control over the property interest by the government of the foreign state; ``(B) whether the profits of the property interest go to that government; ``(C) the degree to which officials of that government manage the property interest or otherwise have a hand in its daily affairs; ``(D) whether that government is the real beneficiary of the conduct of the property interest; or ``(E) whether establishing the property interest as a separate entity would entitle the foreign state to benefits in United States courts while avoiding its obligations. ``(2) U.S. sovereign immunity inapplicable.--Any property interest of a foreign state, or agency or instrumentality of a foreign state, to which paragraph (1) applies shall not be immune from execution upon a judgment entered under section 1605(a)(7) because the property interest is regulated by the United States Government by reason of action taken against that foreign state under the Trading With the Enemy Act or the International Emergency Economic Powers Act.''. SEC. 3. APPLICABILITY. (a) In General.--The amendments made by this Act apply to any claim for which a foreign state is not immune under section 1605(a)(7) of title 28, United States Code, arising before, on, or after the date of the enactment of this Act. (b) Prior Causes of Action.--In the case of any action that-- (1) was brought in a timely manner but was dismissed before the enactment of this Act for failure to state of cause of action, and (2) would be cognizable by reason of the amendments made by this Act, the 10-year limitation period provided under section 1605(f) of title 28, United States Code, shall be tolled during the period beginning on the date on which the action was first brought and ending 60 days after the date of the enactment of this Act.

Amends the Foreign Sovereign Immunities Act of 1976 (FSIA) to require that a foreign state designated as a state sponsor of terrorism under specified laws, or an official, employee, or agent of such a foreign state, shall be liable to a U.S. national for the national's personal injury or death caused by acts of that state or official, employee, or agent acting within the scope of his or her duties. Authorizes U.S. courts to exercise jurisdiction over such actions for money damages under a FSIA provision concerning acts of torture, extrajudicial killing, aircraft sabotage, hostage taking, and material support for such acts. Mandates that property interests of foreign states, or agencies or instrumentalities of foreign states, against which judgment is entered pursuant to such provision are subject to attachment execution. Requires foreign states to be held vicariously liable for the actions of their officials, employees, or agents. Revives previously dismissed causes of action that would be cognizable under this Act by retroactively tolling the applicable statute of limitations from the date of initial filing to 60 days after enactment of this Act.

To amend title 28, United States Code, to clarify that persons may bring private rights of actions against foriegn states for certain terrorist acts, and for other purposes.

SECTION 1. LIMITATION ON ASSISTANCE TO MEXICO. Except as provided in section 2, and notwithstanding any other provision of law, neither the President nor the Secretary of the Treasury may-- (1) provide any assistance (including the unobligated balance of assistance to the Government of Mexico announced by the President on January 31, 1995) to the Government of Mexico or any agency or other entity of that government under section 5302 of title 31, United States Code, other than assistance that was obligated to the Government of Mexico before January 26, 1996; (2) renew or extend the terms of any assistance authorized during the period beginning on January 1, 1995 and ending on the date of enactment of this Act, in connection with the program of assistance to the Government of Mexico (including any agency or other entity of that government) under section 5302 of title 31, United States Code; or (3) enter into any agreement on or after the date of enactment of this Act with the Government of Mexico under that section 5302 to provide any similar assistance. SEC. 2. EXCEPTION. Section 1 does not apply if the President submits to the Congress a written statement (as required under subsection (b) of section 5302 of title 31, United States Code, or in connection with any agreement to provide any such assistance under that section 5302 entered into on or after the date of enactment of this Act, as applicable) that the Government of Mexico has-- (1) taken immediate action to comply with all outstanding requests for extradition by the United States; (2) enacted and implemented (and provided for the thorough and consistent enforcement of) effective laws and regulations relating to money laundering, similar to those of the United States, including laws and regulations pertaining to the monitoring and reporting of large cash transactions with all banks, financial institutions, and money exchange houses; (3) taken adequate steps to ensure that individuals and organizations that are involved in the illegal production, transport, or sale of narcotics or other illegal substances, are not able to purchase, invest, or acquire any interest in any governmental institution or former institution, including any bank; (4) enacted and implemented (and provided for the thorough and consistent enforcement of) effective laws and regulations that require the inspection and licensing of trucks, automobiles, aircraft, and other transportation vehicles, and the owners and operators of those vehicles, in order to assist in the detection, seizure, and prosecution of individuals engaging, assisting, or acquiescing in the illegal production, transport, or sale of narcotics or other illegal substances; (5) enacted and implemented (and provided for the thorough and consistent enforcement of) effective laws and regulations to control the import and export of major precursor chemicals for methamphetamines and other narcotics and psychotropic drugs, including ephedrine and pseudephedrine; (6) taken specific action to effect the arrests of Mexican drug cartel leaders and other individuals involved in organized crime in Mexico; (7) established and maintained a complete and thorough program for the interdiction of narcotics and other controlled substances flowing across the border between the United States and Mexico, and assisted United States law enforcement officials to take effective action, such as permitting or facilitating the interception of electronic and radio communications across that border; (8) implemented a plan and taken specific action dedicated to detecting and halting the large scale air transportation of narcotics within the boundaries of Mexico; (9) taken specific action to identify and prosecute civilian and military officials, at the national and local levels, that engage, assist, or acquiesce in the illegal trafficking or production of narcotics or other illegal substances, money laundering, bribery, or other conduct linked with the illegal transportation or production of narcotics or other illegal substances, or that discourage the investigation and prosecution of any such conduct; and (10) allowed for the seizure, through asset forfeiture of money, property, conveyances, and any other property derived through fraud or any other illegal activity, including illegal drug trafficking.

Prohibits the President or the Secretary of the Treasury from providing assistance under the exchange stabilization fund to the Government of Mexico, unless the President submits a written statement to the Congress that such Government has: (1) taken immediate action to comply with all outstanding requests for extradition by the United States; (2) enacted and implemented effective laws on money laundering; (3) taken adequate steps to ensure that narcotics or other illegal drug traffickers are not able to acquire any interest in any governmental institution or former institution, including any bank; (4) enacted and implemented effective laws for the inspection and licensing of transportation vehicles, and their owners and operators, to assist in the detection, seizure, and prosecution of such illegal drug traffickers; (5) enacted and implemented effective laws to control the import and export of major precursor chemicals for certain drugs; (6) taken specific action to arrest Mexican drug cartel leaders and others involved in organized crime in Mexico; (7) established a thorough program for the interdiction of illegal drugs flowing across the U.S.-Mexican border, including air transportation of narcotics within Mexico; (8) taken specific action to identify and prosecute civilian and military officials involved in drug trafficking, money laundering, bribery, or other such conduct; and (9) allowed for the seizure, through asset forfeiture, of money and property derived through fraud or any other illegal activity, including illegal drug trafficking.

A bill to limit the provision of assistance to the Government of Mexico using the exchange stabilization fund established pursuant to section 5302 of title 31, United States Code, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Communications of Utilities from Terrorist Threats'' or the ``SCOUTS Act''. SEC. 2. POLICY. (a) Security and Resilience.--The Secretary of Homeland Security, in coordination with the sector-specific agencies, may work with critical infrastructure owners and operators and State, local, tribal, and territorial entities to seek voluntary participation of such agencies to determine how the Department of Homeland Security can best serve the sector-specific cybersecurity needs to manage risk and strengthen the security and resilience of the Nation's critical infrastructure against terrorist attacks that could have a debilitating impact on national security, economic stability, public health and safety, or any combination thereof. (b) Objectives.--In implementing subsection (a), the Secretary shall seek to reduce vulnerabilities, minimize consequences, identify and disrupt terrorism threats, and hasten response and recovery efforts related to impacted critical infrastructures. (c) Investigation of Best Means To Engage Owners and Operators.-- The Secretary, in coordination with the sector-specific agencies, may investigate the best means for engaging sector-specific agencies in participation in a voluntary cybersecurity information sharing, emergency support, and emerging threat awareness program. (d) Listening Opportunity.--The Secretary shall establish voluntary opportunities for sector-specific agencies and critical infrastructure owners and operators to inform the Department of Homeland Security of sector-specific challenges to cybersecurity, including regarding-- (1) what needs they may have or may not have regarding critical infrastructure protection; and (2) how the Department of Homeland Security is or is not helping to meet those needs that have been identified, through voluntary participation. (e) GAO Report.--The Comptroller General of the United States shall report to the Congress by not later than 6 months after the date of the enactment of this Act on the views, experiences, and preferences of critical infrastructure owners and operators regarding the benefits of engaging in voluntary cybersecurity incident reporting, intelligence gathering, and technical support resources provided by the Department of Homeland Security. (f) International Partners.--The Secretary shall, in consultation with appropriate Federal agencies, establish terrorism prevention policy to engage with international partners to strengthen the security and resilience of domestic critical infrastructure and critical infrastructure located outside of the United States, or in its territorial waters, on which the Nation depends. SEC. 3. STRATEGIC IMPERATIVES. (a) Research and Report on the Most Efficient Means for Information Exchange by Identifying Baseline Data and Systems Requirements for the Federal Government.--The Secretary shall facilitate the timely exchange of terrorism threat and vulnerability information as well as information that allows for the development of a situational awareness capability for Federal civilian agencies during terrorist incidents. The goal of such facilitation is to enable efficient information exchange through the identification of requirements for data and information formats and accessibility, system interoperability, and redundant systems and alternate capabilities should there be a disruption in the primary systems. (b) Implementation of an Integration and Analysis Function To Inform Planning and Operational Decisions Regarding the Protection of Critical Infrastructure From Terrorism Events.--The Secretary of Homeland Security shall implement an integration and analysis function for critical infrastructure that includes operational and strategic analysis on terrorism incidents, threats, and emerging risks. Such function shall include establishment by the Secretary of integration of data sharing capabilities with Fusion Centers that accomplish the following: (1) Determine the appropriate role that Fusion Centers may fill in reporting data related to cybersecurity threat or incident information regarding individuals or service providers with access to or ongoing business relationships with critical infrastructure. (2) Determine whether or how the National Protection and Programs Directorate and the National Cybersecurity and Communications Integration Center may work with Fusion Centers to report possible cybersecurity incidents. (3) Determine a means for Fusion Centers to report availability of critical infrastructure to support local, State, Federal, tribal, and territorial law enforcement and the provision of basic public services after disruption events such as electric power brownouts and blackouts, accidents that disrupt service, and vandalism to or near facilities. (4) Categorize and prioritize cybersecurity intake risk information based on relevance to critical infrastructure owners or operators in the area served by the Fusion Center. (5) Establish an emerging threat hotline and secure online sector-specific cybersecurity incident reporting portal by which information may be disseminated through Fusion Centers. (6) Develop, keep up to date, and make available a Federal agency directory of designated offices or individuals tasked with responding to, mitigating, or assisting in recovery from cybersecurity incidents involving critical infrastructure and make the directory available on a voluntary basis to critical infrastructure owners and operators. (7) Establish a voluntary incident access portal with the ability to allow users to determine the means, methods, and level of incident reporting that is sector-specific and relevant to the recipient as defined and controlled by the recipient. (8) Gather voluntary feedback from critical infrastructure owners and operators on the value, relevance, and timeliness of the information received, which shall include how they believe information and the means used to disseminate that information might be improved. (9) Report to Congress every 2 years on the voluntary participation of critical infrastructure owners and operators in the programs established under this title. (10) Implement a capability to collate, assess, and integrate vulnerability and consequence information with threat streams and hazard information to-- (A) evaluate the impact of cybersecurity and cyberphysical impacts of critical physical assets; (B) aid in prioritizing assets and managing risks to critical infrastructure in impacted areas; (C) determine, through the voluntary cooperation of critical infrastructure owners and operators, the staffing and professional need for cybersecurity critical infrastructure protection with Fusion Centers; (D) determine, through coordination with the sector-specific agencies, the agency staffing needed to support cybersecurity critical infrastructure protection and report the findings to Congress; (E) research and report findings regarding the feasibility of exploring terrorist incident correlations between critical infrastructure damage, destruction, and diminished capacity, and what occurs during certain natural disasters; (F) anticipate interdependencies and cascading impacts related to cyber telecommunications failures; (G) recommend security and resilience measures for critical infrastructure prior to, during, and after a terrorism event or incident; (H) evaluate interdependencies and cascading impacts related to electric grid failures; (I) support post-terrorism incident management and restoration efforts related to critical infrastructure; and (J) make recommendations on preventing the collapse or serious degrading of the telecommunication capability in an area impacted by a terrorism event. (11) Support the Department of Homeland Security's ability to maintain and share, as a common Federal service, a near real-time situational awareness capability for critical infrastructure that includes actionable information about imminent terrorist threats, significant trends, and awareness of incidents that may impact critical infrastructure. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Critical infrastructure.--The term ``critical infrastructure'' means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters. (2) Resilience.--The term ``resilience'' means the ability to prepare for and adapt to changing conditions and withstand and recover rapidly from disruptions. The term includes the ability to withstand and recover from deliberate attacks, accidents, or naturally occurring threats or incidents. (3) Sector-specific agency.--The term ``sector-specific agency'' means a Federal department or agency designated as a Sector-Specific Agency by Presidential Policy Directive 21, relating to Critical Infrastructure Security and Resilience. (4) Security.--The term ``security'' means reducing the risk to critical infrastructure by physical means or defense cyber measures to intrusions, attacks, or the effects of terrorist intrusions or attacks.

Securing Communications of Utilities from Terrorist Threats or the SCOUTS Act This bill authorizes the Department of Homeland Security (DHS) to work with critical infrastructure owners and operators and state, local, tribal, and territorial entities to seek voluntary participation of sector-specific agencies to determine how DHS can best serve cybersecurity needs to manage risk and strengthen the security and resilience of the nation's critical infrastructure against terrorist attacks. A "sector-specific agency" is a federal agency designated as such by Presidential Policy Directive 21 relating to critical infrastructure security and resilience. DHS: (1) shall seek to reduce vulnerabilities, minimize consequences, identify and disrupt terrorism threats, and hasten response and recovery efforts related to impacted critical infrastructures; (2) may investigate the best means for engaging sector-specific agencies in a voluntary cybersecurity information sharing, emergency support, and emerging threat awareness program; and (3) shall establish voluntary opportunities for such agencies and critical infrastructure owners and operators to inform DHS of sector-specific challenges to cybersecurity. DHS shall: (1) establish terrorism prevention policy to engage with international partners to strengthen the security and resilience of domestic critical infrastructure and critical infrastructure located outside of the United States or in its territorial waters, and (2) facilitate the timely exchange of terrorism threat and vulnerability information as well as information that allows for the development of a situational awareness capability for federal civilian agencies during terrorist incidents. DHS shall implement an integration and analysis function for critical infrastructure that includes: (1) operational and strategic analysis on terrorism incidents, threats, and emerging risks; and (2) integration of data sharing capabilities with Fusion Centers.

Securing Communications of Utilities from Terrorist Threats

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreclosure Rescue Fraud Act of 2008''. SEC. 2. DEFINITIONS. In this title: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Foreclosure consultant.--The term ``foreclosure consultant''-- (A) means a person who directly or indirectly makes any solicitation, representation, or offer to a homeowner facing foreclosure on residential real property to perform, with or without compensation, or who performs, with or without compensation, any service that such person represents will prevent, postpone, or reverse the effect of such foreclosure; and (B) does not include-- (i) an attorney licensed to practice law in the State in which the property is located who has established an attorney-client relationship with the homeowner; (ii) a person licensed as a real estate broker or salesperson in the State where the property is located, and such person engages in acts permitted under the licensure laws of such State; (iii) a housing counseling agency approved by the Secretary; (iv) a depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)); (v) a Federal credit union or a State credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)); or (vi) an insurance company organized under the laws of any State. (3) Homeowner.--The term ``homeowner'', with respect to residential real property for which an action to foreclose on the mortgage or deed of trust on such real property is filed, means the person holding record title to such property as of the date on which such action is filed. (4) Loan servicer.--The term ``loan servicer'' has the same meaning as the term ``servicer'' in section 6(i)(2) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)(2)). (5) Residential mortgage loan.--The term ``residential mortgage loan'' means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling (as defined in section 103(v) of the Truth in Lending Act (15 U.S.C. 1602)(v)) or residential real estate upon which is constructed or intended to be constructed a dwelling (as so defined). (6) Residential real property.--The term ``residential real property'' has the meaning given the term ``dwelling'' in section 103 of the Consumer Credit Protection Act (15 U.S.C. 1602). (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 3. MORTGAGE RESCUE FRAUD PROTECTION. (a) Limits on Foreclosure Consultants.--A foreclosure consultant may not-- (1) claim, demand, charge, collect, or receive any compensation from a homeowner for services performed by such foreclosure consultant with respect to residential real property until such foreclosure consultant has fully performed each service that such foreclosure consultant contracted to perform or represented would be performed with respect to such residential real property; (2) hold any power of attorney from any homeowner, except to inspect documents, as provided by applicable law; (3) receive any consideration from a third party in connection with services rendered to a homeowner by such third party with respect to the foreclosure of residential real property, unless such consideration is fully disclosed to such homeowner in writing before such services are rendered; (4) accept any wage assignment, any lien of any type on real or personal property, or other security to secure the payment of compensation with respect to services provided by such foreclosure consultant in connection with the foreclosure of residential real property; or (5) acquire any interest, directly or indirectly, in the residence of a homeowner with whom the foreclosure consultant has contracted. (b) Contract Requirements.-- (1) Written contract required.--Notwithstanding any other provision of law, a foreclosure consultant may not provide to a homeowner a service related to the foreclosure of residential real property-- (A) unless-- (i) a written contract for the purchase of such service has been signed and dated by the homeowner; and (ii) such contract complies with the requirements described in paragraph (2); and (B) before the end of the 3-business-day period beginning on the date on which the contract is signed. (2) Terms and conditions of contract.--The requirements described in this paragraph, with respect to a contract, are as follows: (A) The contract includes, in writing-- (i) a full and detailed description of the exact nature of the contract and the total amount and terms of compensation; (ii) the name, physical address, phone number, email address, and facsimile number, if any, of the foreclosure consultant to whom a notice of cancellation can be mailed or sent under subsection (d); and (iii) a conspicuous statement in at least 12 point bold face type in immediate proximity to the space reserved for the homeowner's signature on the contract that reads as follows: ``You may cancel this contract without penalty or obligation at any time before midnight of the 3rd business day after the date on which you sign the contract. See the attached notice of cancellation form for an explanation of this right.''. (B) The contract is written in the principal language used by the homeowner. (C) The contract is accompanied by the form required by subsection (c)(2). (c) Right To Cancel Contract.-- (1) In general.--With respect to a contract between a homeowner and a foreclosure consultant regarding the foreclosure on the residential real property of such homeowner, such homeowner may cancel such contract without penalty or obligation by mailing a notice of cancellation not later than midnight of the 3rd business day after the date on which such contract is executed or would become enforceable against the parties to such contract. (2) Cancellation form and other information.--Each contract described in paragraph (1) shall be accompanied by a form, in duplicate, that-- (A) has the heading ``Notice of Cancellation'' in boldface type; and (B) contains in boldface type the following statement: ``You may cancel this contract, without any penalty or obligation, at any time before midnight of the 3rd day after the date on which the contract is signed by you. ``To cancel this contract, mail or deliver a signed and dated copy of this cancellation notice or any other equivalent written notice to [insert name of foreclosure consultant] at [insert address of foreclosure consultant] before midnight on [insert date]. ``I hereby cancel this transaction on [insert date] [insert homeowner signature].''. (d) Waiver of Rights and Protections Prohibited.-- (1) In general.--A waiver by a homeowner of any protection provided by this section or any right of a homeowner under this section-- (A) shall be treated as void; and (B) may not be enforced by any Federal or State court or by any person. (2) Attempt to obtain a waiver.--Any attempt by any person to obtain a waiver from any homeowner of any protection provided by this section or any right of the homeowner under this section shall be treated as a violation of this section. (3) Contracts not in compliance.--Any contract that does not comply with the applicable provisions of this title shall be void and may not be enforceable by any party. SEC. 4. WARNINGS TO HOMEOWNERS OF FORECLOSURE RESCUE SCAMS. (a) In General.--If a loan servicer finds that a homeowner has failed to make 2 consecutive payments on a residential mortgage loan and such loan is at risk of being foreclosed upon, the loan servicer shall notify such homeowner of the dangers of fraudulent activities associated with foreclosure. (b) Notice Requirements.--Each notice provided under subsection (a) shall-- (1) be in writing; (2) be included with a mailing of account information; (3) have the heading ``Notice Required by Federal Law'' in a 14-point boldface type in English and Spanish at the top of such notice; and (4) contain the following statement in English and Spanish: ``Mortgage foreclosure is a complex process. Some people may approach you about saving your home. You should be careful about any such promises. There are government and nonprofit agencies you may contact for helpful information about the foreclosure process. Contact your lender immediately at [____], call the Department of Housing and Urban Development Housing Counseling Line at (800) 569-4287 to find a housing counseling agency certified by the Department to assist you in avoiding foreclosure, or visit the Department's Tips for Avoiding Foreclosure website at http://www.hud.gov/foreclosure for additional assistance.'' (the blank space to be filled in by the loan servicer). SEC. 5. CIVIL LIABILITY. (a) Liability Established.--Any foreclosure consultant who fails to comply with any provision of section 3 or 4 with respect to any other person shall be liable to such person in an amount equal to the sum of the amounts determined under each of the following paragraphs: (1) Actual damages.--The greater of-- (A) the amount of any actual damage sustained by such person as a result of such failure; or (B) any amount paid by the person to the foreclosure consultant. (2) Punitive damages.--In the case of any action by an individual, such amount (in addition to damages described in paragraph (1)) as the court may allow. (3) Attorneys' fees.--In the case of any successful action to enforce any liability under paragraph (1) or (2), the costs of the action, together with reasonable attorneys' fees. (b) Factors To Be Considered in Awarding Punitive Damages.--In determining the amount of any liability of any foreclosure consultant under subsection (a)(2), the court shall consider, among other relevant factors-- (1) the frequency and persistence of noncompliance by the foreclosure consultant; (2) the nature of the noncompliance; and (3) the extent to which such noncompliance was intentional. SEC. 6. ADMINISTRATIVE ENFORCEMENT. (a) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive act or practice.--A violation of a prohibition described in section 3 or a failure to comply with any provision of section 3 or 4 shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Actions by the federal trade commission.--The Federal Trade Commission shall enforce the provisions of sections 3 and 4 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made part of this title. (b) State Action for Violations.-- (1) Authority of states.--In addition to such other remedies as are provided under State law, whenever the chief law enforcement officer of a State, or an official or agency designated by a State, has reason to believe that any person has violated or is violating the provisions of section 3 or 4, the State-- (A) may bring an action to enjoin such violation; (B) may bring an action on behalf of its residents to recover damages for which the person is liable to such residents under section 5 as a result of the violation; and (C) in the case of any successful action under subparagraph (A) or (B), shall be awarded the costs of the action and reasonable attorney fees, as determined by the court. (2) Rights of federal trade commission.-- (A) Notice to commission.--The State shall serve prior written notice of any civil action under paragraph (1) upon the Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. (B) Intervention.--The Commission shall have the right-- (i) to intervene in any action referred to in subparagraph (A); (ii) upon so intervening, to be heard on all matters arising in the action; and (iii) to file petitions for appeal in such actions. (3) Investigatory powers.--For purposes of bringing any action under this subsection, nothing in this subsection shall prevent the chief law enforcement officer, or an official or agency designated by a State, from exercising the powers conferred on the chief law enforcement officer or such official by the laws of such State to conduct investigations or to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary and other evidence. (4) Limitation.--Whenever the Federal Trade Commission has instituted a civil action for a violation of section 3 or 4, no State may, during the pendency of such action, bring an action under this section against any defendant named in the complaint of the Commission for any violation of section 3 or 4 that is alleged in that complaint. SEC. 7. PREEMPTION. Nothing in this title affects any provision of State or local law respecting any foreclosure consultant, residential mortgage loan, or residential real property that provides equal or greater protection to homeowners than what is provided under this title.

Foreclosure Rescue Fraud Act of 2008 - Prohibits a foreclosure consultant from: (1) receiving compensation from a homeowner for services performed regarding residential real property until such consultant has fully performed each service contracted for; (2) holding power of attorney from any homeowner, except to inspect documents; (3) receiving consideration from a third party in connection with services rendered to a homeowner by such third party with respect to the foreclosure, unless such consideration is fully disclosed in writing before such services are rendered; (4) accepting any wage assignment, lien, or other security to secure compensation for services rendered regarding foreclosure of the residential real property; or (5) acquiring any interest in the residence of a homeowner with whom the consultant has contracted. Sets forth contract requirements. Permits a homeowner to cancel such contract without penalty or obligation. Declares void and unenforceable: (1) any waiver by a homeowner of the protections provided in this Act; and (2) any contract that does not comply with this Act. Requires a loan servicer to notify a homeowner of the dangers of fraudulent activities associated with foreclosure if the servicer finds that the homeowner has failed to make two consecutive payments on a residential mortgage loan and such loan is at risk of foreclosure. Subjects any foreclosure consultant who fails to comply with this Act to liability for actual and punitive damages and attorneys' fees. Empowers the Federal Trade Commission (FTC) and the states to enforce this Act.

A bill to protect the property and security of homeowners who are subject to foreclosure proceedings, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Big Cat Public Safety Act''. SEC. 2. DEFINITIONS. (a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is amended-- (1) by redesignating subsections (a) through (k) as subsections (b) through (l), respectively; and (2) by inserting before subsection (b) (as so redesignated) the following: ``(a) Breed.--The term `breed' means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction.''. (b) Conforming Amendments.-- (1) Consolidated farm and rural development act.--Section 349(a)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and inserting ``section 2(b)''. (2) Lacey act amendments of 1981.-- (A) Section 3(e)(2)(C) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(e)(2)(C)) is amended-- (i) in clause (ii), by striking ``section 2(g)'' and inserting ``section 2(h)''; and (ii) in clause (iii), by striking ``section 2(g)'' and inserting ``section 2(h)''. (B) Section 7(c) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(c)) is amended by striking ``section 2(f)(2)(A)'' and inserting ``section 2(g)(2)(A)''. SEC. 3. PROHIBITIONS. Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A), by striking the semicolon at the end and inserting ``; or''; (ii) in subparagraph (B)(iii), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by striking ``(1) through (3)'' and inserting ``(1) through (3) or subsection (e)''; and (2) by amending subsection (e) to read as follows: ``(e) Captive Wildlife Offense.-- ``(1) In general.--It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, or to breed or possess, any prohibited wildlife species. ``(2) Limitation on application.--Paragraph (1) does not apply to-- ``(A) an entity exhibiting animals to the public under a Class C license from the Department of Agriculture and that holds such license in good standing, if the entity-- ``(i) has not been, and does not employ any person engaged in animal care who has been, convicted of or fined for an offense involving the abuse or neglect of any animal pursuant to any State, local, or Federal law; ``(ii) has not had, and does not employ any person who has had, a license or permit regarding the care, possession, exhibition, breeding, or sale of animals revoked or suspended by any State, local, or Federal agency, including the Department of Agriculture, within the preceding 3-year period; ``(iii) has not been cited by the Department of Agriculture under the Animal Welfare Act (7 U.S.C. 2131 et seq.) within the preceding 12-month period for any repeat violation for-- ``(I) inadequate veterinary care; ``(II) handling that causes stress or trauma or a threat to public safety; ``(III) insufficient provisions of food or water; or ``(IV) failure to allow facility inspection; ``(iv) does not allow any individual other than a trained professional employee or contractor of the licensee (or an accompanying employee receiving professional training) or a licensed veterinarian (or an accompanying veterinary student) to come into direct physical contact with a prohibited wildlife species; ``(v) ensures that during public exhibition of a lion (Panthera leo), tiger (Panthera tigris), leopard (Panthera pardus), snow leopard (Uncia uncia), jaguar (Panthera onca), cougar (Puma concolor), or any hybrid thereof, the animal is at least 15 feet from members of the public unless there is a permanent barrier that prevents public contact or risk of contact; ``(vi) does not breed any prohibited wildlife species unless the breeding is conducted pursuant to a species-specific, publicly available, peer-reviewed population management plan developed according to established conservation science principles; ``(vii) maintains liability insurance in an amount of not less than $250,000 for each occurrence of property damage, bodily injury, or death caused by any prohibited wildlife species possessed by the person; and ``(viii) has a written plan that is made available to local law enforcement, State agencies and Federal agencies on request, for the quick and safe recapture or destruction of prohibited wildlife species in the event a prohibited wildlife species escapes, including, but not limited to, written protocols for training staff on methods of safe recapture of the escaped prohibited wildlife species; ``(B) a State college, university, or agency, or State-licensed veterinarian; ``(C) a wildlife sanctuary that cares for prohibited wildlife species, and-- ``(i) is a corporation that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code; ``(ii) does not commercially trade in prohibited wildlife species, including offspring, parts, and byproducts of such animals; ``(iii) does not breed the prohibited wildlife species; ``(iv) does not allow direct contact between the public and prohibited wildlife species; and ``(v) does not allow the transportation and display of prohibited wildlife species off- site; ``(D) has custody of the prohibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species to a person described in this paragraph with respect to the species; or ``(E) an entity or individual that is in possession of a prohibited wildlife species that was born before the date of the enactment of the Big Cat Public Safety Act, and-- ``(i) not later than 180 days after the date of the enactment of the Big Cat Public Safety Act, the entity or individual registers each individual animal of each prohibited wildlife species with the United States Fish and Wildlife Service; ``(ii) does not breed, acquire, or sell any prohibited wildlife species after the date of the enactment of such Act; and ``(iii) does not allow direct contact between the public and prohibited wildlife species.''. SEC. 4. PENALTIES. (a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended-- (1) by inserting ``(e),'' after ``(d),''; and (2) by inserting ``, (e),'' after ``subsection (d)''. (b) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended-- (1) in paragraph (1)(A), by inserting ``(e),'' after ``(d),''; (2) in paragraph (1)(B), by inserting ``(e),'' after ``(d),''; (3) in paragraph (2), by inserting ``(e),'' after ``(d),''; and (4) by adding at the end the following: ``(4) Any person who knowingly violates subsection (e) of section 3 shall be fined not more than $20,000, or imprisoned for not more than five years, or both. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the prohibited wildlife species.''. SEC. 5. FORFEITURE OF PROHIBITED WILDLIFE SPECIES. Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3374(a)(1)) is amended by inserting ``bred, possessed,'' before ``imported, exported,''. SEC. 6. ADMINISTRATION. Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following: ``(3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate any regulations necessary to implement section 3(e).''.

Big Cat Public Safety Act This bill amends the Lacey Act Amendments of 1981 to prohibit any person from breeding or possessing prohibited wildlife species (i.e., any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species). Breeding means facilitating propagation or reproduction (whether intentionally or negligently), or failing to prevent propagation or reproduction. The bill revises the list of entities that are exempt from Lacey Act prohibitions regarding those wildlife species to include: (1) certain entities that hold Class C licenses in good standing under the Animal Welfare Act, and (2) current owners of animals that were born before this bill's enactment if the animals are registered with the U.S. Fish and Wildlife Service. Those entities and owners may not allow direct contact between the public and the prohibited wildlife species. A person who knowingly violates the prohibition must be fined not more than $20,000, or imprisoned for not more than five years, or both. The bill considers each violation to be a separate offense. The offense must be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the prohibited wildlife species. The bill extends forfeiture provisions to fish, wildlife, or plants that are bred or possessed.

Big Cat Public Safety Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Retirement Age Reform Act of 1993''. SEC. 2. PHASED IN 5-YEAR INCREASE IN AGE FOR ELIGIBILITY FOR OASDI BENEFITS BY THE YEAR 2030. (a) Definitions.--Section 216(l) of the Social Security Act (42 U.S.C. 416(l)) is amended to read as follows: ``Normal Retirement Age; Early Retirement Age ``(l)(1) The term `normal retirement age' means-- ``(A) with respect to an individual who attains (or would attain) the reference age (as defined in paragraph (3)(A)) before January 1, 2000, 65 years of age; ``(B) with respect to an individual who attains (or would attain) the reference age after December 31, 1999, and before January 1, 2030, 65 years of age plus the number of months in the age increase factor (as determined under paragraph (3)(B)) for the calendar in which such individual attains the reference age; and ``(C) with respect to an individual who attains (or would attain) the reference age after December 31, 2030, 70 years of age. ``(2) The term `early retirement age' means 3 years less than normal retirement age. ``(3) For purposes of paragraphs (1) and (2)-- ``(A) the term `reference age' means 62 years of age in the case of an old-age, wife's, or husband's insurance benefit, and 60 years of age in the case of a widow's or widower's insurance benefit, and ``(B) the age increase factor for any individual shall be equal to \2/12\ of the number of months in the period beginning with January 2000 and ending with December of the year in which the individual attains the reference age.''. (b) Additional Amendments.-- (1) Retirement age redesignated normal retirement age.-- (A) Title II of such Act is further amended-- (i) in subsections (a), (b), (c), (d), (e), (f), (q), (r), and (w) of section 202 (42 U.S.C. 402), (ii) in subsections (c) and (f) of section 203 (42 U.S.C. 403), (iii) in section 215(f)(5) (42 U.S.C. 415(f)(5)), and (iv) in section 223(a) (42 U.S.C. 423(a)), by striking ``retirement age (as defined in section 216(l))'' each place it appears and inserting ``normal retirement age (as defined in section 216(l)(1))''. (B) Subsections (h) and (i) of section 216 of such Act (42 U.S.C. 416) are each amended by striking ``retirement age (as defined in subsection (l))'' each place it appears and inserting ``normal retirement age (as defined in subsection (l)(1))''. (2) Age 62 currently designated as early retirement age.-- (A) Title II of such Act is further amended-- (i) in subsections (a), (b), (c), (e), (f), (h), and (q) of section 202 (42 U.S.C. 402), (ii) in section 213(a)(2)(A)(ii) of such Act (42 U.S.C. 413(a)(2)(A)(ii)), (iii) in section 213(a)(2)(B) of such Act (the first place it appears) (42 U.S.C. 413(a)(2)(B)), (iv) in section 214(a)(1) (42 U.S.C. 414(a)(1)), (v) in subsections (a) and (d)(5) of section 215 (42 U.S.C. 415), and (vi) in subsections (a)(2) and (c)(1)(A) of section 223 (42 U.S.C. 423), by striking ``age 62'' each place it appears and inserting ``early retirement age (as defined in section 216(l)(2))''. (B) Subsections (b)(3)(A), (c)(6)(A), (f)(3)(A), (g)(6)(A), and (i)(3)(A) of section 216 of such Act (42 U.S.C. 416) are each amended by striking ``age 62'' each place it appears and inserting ``early retirement age (as defined in subsection (l)(2))''. (C) Subparagraphs (F) and (G) of section 202(q)(3) of such Act (42 U.S.C. 402(q)(3)) are each amended by striking ``the age of 62'' and inserting ``early retirement age (as defined in section 216(l)(2)).''. (3) Conforming adjustments to other age references.-- (A) Title II of such Act is further amended-- (i) in subsections (e) and (f) of section 202 (42 U.S.C. 402), (ii) in subsections (b)(1), (c)(3), and (d)(1)(C) of section 222 (42 U.S.C. 422), and (iii) in section 225(a) (42 U.S.C. 425(a)), by striking ``age 60'' each place it appears and inserting ``5 years less than normal retirement age (as defined in section 216(l)(2))''. (B) Subsections (e)(1)(B)(ii) and (f)(1)(B)(ii) of section 202 of such Act (42 U.S.C. 402) is further amended by striking ``age 50'' each place it appears and inserting ``15 years less than normal retirement age (as defined in section 216(l)(1))''.

Social Security Retirement Age Reform Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to phase in an increase in the age for normal and early retirement to, respectively, ages 70 and 67.

Social Security Retirement Age Reform Act of 1993

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Safety Net Enhancement Act''. (b) Table of Contents.--The table of contents is as follows: Sec. 1. Short title; table of contents. TITLE I--ADMINISTRATIVE REFORMS Sec. 101. Extended benefits trigger. Sec. 102. Increase and decrease in earnings credited to State accounts when States meet or fail to meet funding goals. Sec. 103. Interest-free advances to State accounts in Unemployment Trust Fund restricted to States which meet funding goals. Sec. 104. State collection of Federal unemployment tax. Sec. 105. Required distribution of State-specific information packets. TITLE II--REPEAL OF TAX ON UNEMPLOYMENT COMPENSATION Sec. 201. Repeal of tax on unemployment compensation. TITLE III--SAFETY NET REVIEW COMMISSION Sec. 301. Establishment. Sec. 302. Function. Sec. 303. Members. Sec. 304. Staff and other assistance. Sec. 305. Compensation. Sec. 306. Report. Sec. 307. Termination. TITLE I--ADMINISTRATIVE REFORMS SEC. 101. EXTENDED BENEFITS TRIGGER. (a) In General.--Section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended-- (1) in subparagraph (B) of paragraph (1), by striking ``5 per centum'' and inserting ``4 per centum'', and (2) in the first flush sentence following paragraph (2), by striking ``5'' and inserting ``4''. (b) Effective Date.--The amendments made by subsection (a) shall apply to weeks of unemployment beginning 6 months or more after the date of the enactment of this Act. SEC. 102. INCREASE AND DECREASE IN EARNINGS CREDITED TO STATE ACCOUNTS WHEN STATES MEET OR FAIL TO MEET FUNDING GOALS. (a) In General.--Section 904 of the Social Security Act (42 U.S.C. 1104) is amended by adding at the end the following new subsection: ``(h) Increase and Decrease in Amount of Earnings Allocated to State Accounts When States Meet or Fail To Meet Funding Goals.--(1) If the average daily balance in a State account in the Unemployment Trust Fund for any calendar quarter exceeds the funding goal of such State, the amount otherwise creditable to such account under subsection (e) for such quarter shall be increased by the interest premium on such excess. If the average daily balance in such a State account for any calendar quarter is less than the funding goal of such State, the amount otherwise creditable to such account under subsection (e) for such quarter shall be decreased by the interest penalty. ``(2) Paragraph (1) shall not apply with respect to any interest premium or interest penalty to the extent that such application would result in an increase or decrease of more than $2,500,000 in the amount creditable to any State account for any calendar quarter. ``(3) For purposes of this subsection, the term `interest premium' means, for any calendar quarter-- ``(A) with respect to the State with the largest percentage value of excess of the average daily balance in the State account in the Unemployment Trust Fund over the funding goal of such State, one-half of one percent of the amount of such excess, and ``(B) with respect to each other State, the product of-- ``(i) the amount of the excess of the average daily balance in the State account in the Unemployment Trust Fund over the funding goal of such State, and ``(ii) the percentage which bears the same ratio to one-half of one percent as-- ``(I) the percentage value of such excess, bears to ``(II) the percentage value of the excess of the State referred to in subparagraph (A). The Secretary shall make appropriate adjustments in the interest premium for any calendar quarter if the aggregate interest premiums payable for such quarter exceed the aggregate interest penalties for such quarter. ``(4) For purposes of this subsection, the term `interest penalty' means, for any calendar quarter-- ``(A) with respect to the State with the largest percentage value of excess of the funding goal of such State over the average daily balance in the State account in the Unemployment Trust Fund, one-half of one percent of the amount otherwise creditable to such account under subsection (e), and ``(B) with respect to each other State, the product of-- ``(i) the amount otherwise creditable to such account under subsection (e), and ``(ii) the percentage which bears the same ratio to one-half of one percent as-- ``(I) the percentage value of the excess of the funding goal of the State over such average daily balance of such State, bears to ``(II) the percentage value of such excess of the State referred to in subparagraph (A). ``(5) For purposes of this subsection, the term `funding goal' means, for any State for any calendar quarter, the average of the unemployment insurance benefits paid by such State during each of the 3 years, in the 20-year period ending with the calendar year containing such calendar quarter, during which the State paid the greatest amount of unemployment benefits. ``(6) For purposes of this subsection, the term `percentage value' means-- ``(A) with respect to any excess of the average daily balance in a State account in the Unemployment Trust Fund over the funding goal of such State, the percentage which such excess bears to such funding goal, and ``(B) with respect to any excess of such funding goal over such average daily balance, the percentage which such excess bears to such funding goal.''. (b) Conforming Amendments.-- (1) Amounts credited to state accounts.--Subsection (e) of section 904 of the Social Security Act (42 U.S.C. 1104(e)) is amended in the first sentence by inserting ``(as modified by subsection (h))'' after ``a proportionate part''. (2) Interest rate on repayment of advances determined without regard to interest premiums or penalties on amounts credited to state accounts.--Subparagraph (A) of section 1202(b)(4) of such Act (42 U.S.C. 1322(b)(4)) is amended by inserting ``(determined without regard to section 904(h))'' after ``preceding calendar year''. (c) Report.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report recommending sources of funding for the crediting of interest premiums under subsection (h) of section 904 of the Social Security Act (42 U.S.C. 1104), as added by this section, in the event that the imposition of interest penalties under such subsection is insufficient to fund such premiums. (d) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2010. SEC. 103. INTEREST-FREE ADVANCES TO STATE ACCOUNTS IN UNEMPLOYMENT TRUST FUND RESTRICTED TO STATES WHICH MEET FUNDING GOALS. (a) In General.--Subparagraph (C) of section 1202(b)(2) of the Social Security Act (42 U.S.C. 1322(b)(2)) is amended to read as follows: ``(C) the average daily balance in the account of such State in the Unemployment Trust Fund for each of 4 of the 5 calendar quarters preceding the calendar quarter in which such advances were made exceeds the funding goal of such State (as defined in section 904(h)).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to calendar years beginning after the date of the enactment of this Act. SEC. 104. STATE COLLECTION OF FEDERAL UNEMPLOYMENT TAX. (a) In General.--Chapter 23 of the Internal Revenue Code of 1986 (relating to Federal Unemployment Tax Act) is amended by redesignating section 3311 as section 3312 and by inserting after section 3310 the following new section: ``SEC. 3311. STATE COLLECTION OF TAX. ``(a) In General.--At the election of any State which is certified as provided in section 3304, each employer who pays contributions, with respect to any wages, into an unemployment fund maintained under the unemployment compensation law of such State shall submit the tax imposed by this chapter with respect to such wages to such State rather than to the Secretary. ``(b) Coordination With Depositary Requirements.--Payment under subsection (a) of the tax imposed by this chapter with respect to any wages shall be treated as timely paid for purposes of this title if paid by the employer to the State at the same time as a timely paid payment, with respect to such wages, of contributions into an unemployment fund maintained under the unemployment compensation law of such State. ``(c) Exception for Payments Not Timely Paid.--Subsection (a) shall not apply to any payment of the tax imposed by this chapter which is not paid by an employer on or before the last date on which such payment would be treated as timely paid under subsection (b). ``(d) Federal Tax Transferred to Secretary.--Each State making an election under subsection (a) shall transmit to the Secretary, at the time and in the manner prescribed by the Secretary, the amount of the tax imposed by this chapter which is submitted to such State under subsection (a) and a copy of the State tax return of each employer making such a submission. The Secretary may, after consultation with such organizations or other entities as the Secretary considers appropriate, prescribe regulations requiring that additional information be submitted by such State with respect to the amount of such tax payable by such employer.''. (b) Clerical Amendment.--The table of sections for chapter 23 of such Code is amended by striking the item relating to section 3311 and inserting the following new items: ``Sec. 3311. State collection of tax. ``Sec. 3312. Short title.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 105. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS. (a) In General.--Subsection (a) of section 3304 of the Internal Revenue Code of 1986 (relating to approval of State laws) is amended by striking ``and'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``; and'', and by adding at the end the following new paragraph: ``(20) the State will distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to certifications of States for 2008 and thereafter, except that section 3304(a)(20) of the Internal Revenue Code of 1986, as added by subsection (a), shall not be a requirement for the State law of any State prior to July 1, 2009, if the legislature of such State does not meet in a regular session which closes during the calendar year 2008. TITLE II--REPEAL OF TAX ON UNEMPLOYMENT COMPENSATION SEC. 201. REPEAL OF TAX ON UNEMPLOYMENT COMPENSATION. (a) In General.--Section 85 of the Internal Revenue Code of 1986 is hereby repealed. (b) Conforming Amendments.-- (1) Subsection (p) of section 3402 of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (2) Section 6050B of such Code (relating to returns relating to unemployment compensation) is hereby repealed. (3) The table of sections for part II of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 85. (4) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by striking the item relating to section 6050B. (c) Effective Date.--The amendments made by this section shall apply to amounts received after December 31, 2007. TITLE III--SAFETY NET REVIEW COMMISSION SEC. 301. ESTABLISHMENT. The Secretary of Labor shall establish an advisory commission to be known as the ``Safety Net Review Commission'' (hereinafter in this title referred to as the ``Commission''). SEC. 302. FUNCTION. It shall be the function of the Commission to evaluate the unemployment compensation program, the Trade Adjustment Assistance program, the Job Corps program, a program under the Workforce Investment Act, and other employment assistance programs, including the purpose, goals, countercyclical effectiveness, coverage, benefit adequacy, trust fund solvency, funding of State administrative costs, administrative efficiency, and any other aspects of each such program, as well as any related provisions of the Internal Revenue Code of 1986, and to make recommendations for their improvement. SEC. 303. MEMBERS. (a) In General.--The Commission shall consist of 11 members as follows: (1) 5 members appointed by the President, to include representatives of business, labor, State government, and the public. (2) 3 members appointed by the President pro tempore of the Senate, in consultation with the Chairman and ranking member of the Committee on Finance of the Senate. (3) 3 members appointed by the Speaker of the House of Representatives, in consultation with the Chairman and ranking member of the Committee on Ways and Means of the House of Representatives. (b) Qualifications.--In appointing members under paragraphs (2) and (3) of subsection (a), the President pro tempore of the Senate and the Speaker of the House of Representatives shall each appoint-- (1) 1 representative of the interests of business, (2) 1 representative of the interests of labor, and (3) 1 representative of the interests of State governments. (c) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Chairman.--The President shall appoint the Chairman of the Commission from among its members. SEC. 304. STAFF AND OTHER ASSISTANCE. (a) In General.--The Commission may engage any technical assistance (including actuarial services) required by the Commission to carry out its functions under this title. (b) Assistance From Secretary of Labor.--The Secretary of Labor shall provide the Commission with any staff, office facilities, and other assistance, and any data prepared by the Department of Labor, required by the Commission to carry out its functions under this title. SEC. 305. COMPENSATION. Each member of the Commission-- (1) shall be entitled to receive compensation at the rate of pay for level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the actual performance of duties vested in the Commission; and (2) while engaged in the performance of such duties away from such member's home or regular place of business, shall be allowed travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of such title 5 for persons in the Government employed intermittently. SEC. 306. REPORT. Not later than 6 months after the date of the enactment of this Act, the Commission shall submit to the President and the Congress a report setting forth the findings and recommendations of the Commission as a result of its evaluation under this title. SEC. 307. TERMINATION. The Commission shall terminate 2 months after submitting its report pursuant to section 306.

Safety Net Enhancement Act - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to revise the federal-state extended unemployment compensation program established under the Social Security Act (SSA) to revise the formula for "on" and "off" indicators on the state level used to determine extended unemployment compensation benefit periods. Amends the SSA to require: (1) an increase in earnings credited to a state account in the Unemployment Trust Fund when a state meets funding goals; and (2) a decrease in such earnings credited to a state account when the state fails to meet funding goals. Excludes any interest premium or penalty from such requirement to the extent that it would result in an increase or decrease of more than $2.5 million in the amount creditable to any state account for any calendar quarter. Amends the SSA to restrict interest-free advances to state accounts in the Fund to states which meet funding goals. Amends the Internal Revenue Code to require: (1) state collection of federal unemployment tax; and (2) state distribution to unemployed individuals of state-specific information packets explaining unemployment insurance eligibility conditions. Repeals the tax on unemployment compensation. Requires the Secretary of Labor to establish a Safety Net Review Commission.

To reform the Federal unemployment benefits system, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Economic Advisory Council Act of 2010''. SEC. 2. FINDINGS. Congress finds-- (1) the United States has a special political and legal relationship and responsibility to promote the welfare of the Native American people of the United States; (2) evaluations of indicators and criteria of social well- being, education, health, unemployment, housing, income, rates of poverty, justice systems, and nutrition by agencies of Government and others have consistently found that Native American communities rank below other groups of United States citizens and many are at or near the bottom in those evaluations; (3) Native Americans, like other people in the United States, have been hit hard by the deepest recession of the United States economy in over 50 years, causing a significant decline in employment and economic activity across the United States; (4) Native American communities have been described as ``emerging economies'' and consequently have been stalled in the efforts of the communities to build sustainable growing economies for the people of the communities and are being adversely affected faster than the rest of the United States; (5) economic stimulus programs to help Native American communities generate jobs and stronger economic performance will require United States financial and tax incentives to increase both local and expanded investment that is tailored to the unique needs and circumstances of Native American communities; (6) the impacts of the ongoing recession and the near collapse of the financial and banking systems require a review of assumptions about the future, the need for new growth strategies, and a focus on laying the groundwork for economic success in the 21st century; (7) there is a continuing need for direct economic stimulus, including needs for improving rural infrastructure and alternative energy in rural and Native American communities of the United States and providing Native Americans leaders with the tools to create jobs and improve economic conditions; (8) in light of the role of Native American communities as emerging markets within the United States, there are opportunities and needs that should be addressed, including consideration of United States support for the pooling of resources to create an Indigenous Sovereign Wealth Fund that is similar to those Funds created around the world to diversify revenue streams, attract more resources, invest more wisely, and create jobs; (9) Native Americans should be participants when major economic decisions are made that affect the property, lives, and future of Native Americans; and (10) Native Americans should fully participate in rebuilding Native American communities and have necessary tools and resources. SEC. 3. PURPOSE. The purpose of this Act is to authorize and establish a Native American Economic Advisory Council to consult, coordinate with, and make recommendations to the Executive Office of the President, Cabinet officers, and Federal agencies-- (1) to improve the focus, effectiveness, and delivery of Federal economic aid and development programs to Native Americans and, as a result, improve substandard economic conditions in Native American communities; (2) to build and expand on the capacity of leaders in Native American organizations and communities to take positive and innovative steps-- (A) to create jobs; (B) to establish stable and profitable business enterprises; (C) to enhance economic conditions; and (D) to use Native American-owned resources for the benefit of members; and (3) to achieve the long-term goal of improving the quality of Native American life and living conditions and access to basic public services to the levels enjoyed by the average citizen and community of the United States by the year 2025. SEC. 4. ESTABLISHMENT OF NATIVE AMERICAN ECONOMIC ADVISORY COUNCIL. (a) In General.--There is established a Native American Economic Advisory Council (referred to in this Act as the ``Council'') to advise and assist the Executive Office of the President and Federal agencies to ensure that Native Americans (including Native American members, communities and organizations) have-- (1) the means and capacity to generate and benefit from economic stimulus and growth; and (2) fair access to, and reasonable opportunities to participate in, Federal economic development and job growth programs. (b) Members.-- (1) In general.--The Council shall consist of 5 members appointed by the President. (2) Initial appointments.--Not later than 180 days after the date of enactment of this Act, the President shall appoint the initial members of the Council. (3) Composition.--Of the members of the Council-- (A) 1 member shall be an Alaska Native; (B) 1 member shall be a Hawaiian Native; and (C) 3 members shall represent American Native groups and organizations from other States. (4) Chairperson.--The President shall designate 1 of the members of the Council to serve as Chairperson. (c) Experience.--Each member of the Council shall be a Native American who, as a result of work experience, training, and attainment, is well qualified-- (1) to identify, analyze, and understand the attributes and background of successful business enterprises and economic programs in Native American communities and cultures; (2) to appraise the economic development programs and activities of Federal agencies in the context of the goals and purposes of this Act; and (3) to recommend programs, policies, and needed program modifications to improve access to and effectiveness in the delivery of economic development programs in Native American communities. (d) Vacancies.--A vacancy on the Council-- (1) shall not affect the authority of the Commission; and (2) shall be filled in the same manner as the initial appointments to the Council. (e) Expenses.--Each Member of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at the rate authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the homes or regular places of business of the employees in the performance of services for the Council. (f) Staff.-- (1) In general.--The Council may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other staff as are necessary to enable the Council to perform the duties required under this Act. (2) Compensation.-- (A) In general.--Subject to subparagraph (B), the Council 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. (B) Maximum amount.--The rate of pay for the executive director and other personnel of the Council shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (g) Detail of Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Council without reimbursement. (2) Civil service status.--The detail of an employee shall be without interruption or loss of civil service status or privilege. (h) Temporary Services.--The Council 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. (i) Administrative Services.--The Secretary of Commerce shall provide necessary office space and administrative services for the Council (including staff of the Council). SEC. 5. DUTIES. (a) In General.--The Council shall advise and make recommendations to Federal agencies on-- (1) proposing sustainable economic growth and poverty reduction policies in a manner that promotes self- determination, self-sufficiency, and independence in urban and remote Native American communities while preserving the traditional cultural values of those communities; (2) ensuring that Native Americans (including Native American communities and organizations) have equal access to Federal economic aid, training, and assistance programs; (3) developing economic growth strategies, finance, and tax policies that will enable Native American organizations to stimulate the local economies of Native Americans and create meaningful new jobs in Native American communities; (4) increasing the effectiveness of Federal programs to address the economic, employment, medical, and social needs of Native American communities; (5) administering Federal economic development assistance programs with an understanding of the unique needs of Native American communities with the objectives of-- (A) making Native American leaders knowledgeable about best business practices and successful economic and job growth strategies; (B) promoting investment and economic growth and reducing unemployment and poverty in Native American communities; (C) enhancing governance, entrepreneurship, and self-determination in Native American communities; and (D) fostering demonstrations of transformational changes in economic conditions in remote Native American communities through the use of innovative technology, targeted investments, and the use of Native American-owned natural and scenic resources; (6) improving the effectiveness of economic development assistance programs through the integration and coordination of assistance to Native American communities; (7) recommending educational and business training programs for Native Americans that increase the capacity of Native Americans for economic well-being and to further the purposes of this Act; and (8) initiating proposals, as needed, for fellowship and mentoring programs to meet the economic development needs of Native American communities. (b) Additional Duties.--The Council shall-- (1) prepare a compilation of successful business enterprises and joint ventures conducted by Native American organizations, including tribal enterprises and the commercial ventures of Native Corporations (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)) in the State of Alaska; and (2) periodically sponsor and arrange conferences and training workshops on Native American business activities, including providing mentors, resource people, and speakers to address financing, management, marketing, resource development, and best business practices in Native American business enterprises. SEC. 6. ASSESSMENT OF IMPACTS OF LEGISLATIVE PROPOSALS ON NATIVE AMERICAN ECONOMIC PROSPECTS AND OPPORTUNITY. In preparing and communicating the comments and recommendations of the President on proposed legislation to committees and leadership of Congress, the Director of the Office of Management and Budget and the head of a Federal agency shall include an assessment of the impacts of the proposed legislation on the economic and employment prospects and opportunities provided in the proposed legislation to improve the quality of living conditions of Native American communities, organizations, and members to the levels enjoyed by most people of the United States. SEC. 7. REPORTS. The Council shall-- (1) prepare periodic reports on the activities of the Council; and (2) make the reports available to-- (A) Native American communities, organizations, and members; (B) the General Services Administration; (C) the Office of Management and Budget; (D) the Domestic Policy Council; (E) the National Economic Council; (F) the Council of Economic Advisers; (G) the Secretary of the Treasury; (H) the Secretary of Commerce; (I) the Secretary of Labor; (J) the Secretary of the Interior; (K) the Secretary of Energy; and (L) members of the public.

Native American Economic Advisory Council Act of 2010 - Establishes the Native American Economic Advisory Council to assist the Executive Office of the President and federal agencies to ensure that Native Americans have: (1) the means and capacity to benefit from economic stimulus and growth; and (2) opportunities to participate in federal economic development and job growth programs. Directs the Council to: (1) prepare a compilation of successful business enterprises and joint ventures conducted by Native American organizations, including tribal ventures of Native Corporations in Alaska; and (2) periodically sponsor and arrange conferences and training workshops on Native American business activities. Requires the Director of the Office of Management and Budget (OMB) and the head of a federal agency, in preparing the President's comments and recommendations to Congress about proposed legislation, to include an assessment of the legislation's economic impact on Native Americans.

To establish a Native American Economic Advisory Council, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sensible Accounting to Value Energy Act of 2011''. SEC. 2. DEFINITIONS. As used in this Act, the following definitions shall apply: (1) Covered agency.--The term ``covered agency''-- (A) means-- (i) an executive agency, as that term is defined in section 102 of title 31, United States Code; and (ii) any other agency of the Federal Government; and (B) includes any enterprise, as that term is defined under section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502). (2) Covered loan.--The term ``covered loan'' means a loan secured by a home that is issued, insured, purchased, or securitized by a covered agency. (3) Homeowner.--The term ``homeowner'' means the mortgagor under a covered loan. (4) Mortgagee.--The term ``mortgagee'' means-- (A) an original lender under a covered loan or the holder of a covered loan at the time at which that mortgage transaction is consummated; (B) any affiliate, agent, subsidiary, successor, or assignee of an original lender under a covered loan or the holder of a covered loan at the time at which that mortgage transaction is consummated; (C) any servicer of a covered loan; and (D) any subsequent purchaser, trustee, or transferee of any covered loan issued by an original lender. (5) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (6) Servicer.--The term ``servicer'' means the person or entity responsible for servicing of a covered loan (including the person or entity who makes or holds such a loan if such person or entity also services the loan). (7) Servicing.--The term ``servicing'' has the meaning given the term in section 6(i) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)). SEC. 3. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) energy costs for homeowners are a significant and increasing portion of their household budgets; (2) household energy use can vary substantially depending on the size and efficiency of the house; (3) expected energy costs are important to the value of the house; (4) the current test for loan affordability used by most covered agencies, commonly called the ``debt to income'' test, is inadequate because it does not assess the expected energy costs for the homeowner; and (5) another loan limitation, commonly called the ``loan to value'' test, is tied to the appraisal, which often does not adjust for efficiency features of houses. (b) Purposes.--The purposes of this Act are-- (1) to improve the accuracy of mortgage underwriting under Federal mortgage agencies by ensuring that energy costs are included in the underwriting process as described below, and thus to reduce the amount of energy consumed by homes and to facilitate the creation of energy efficiency retrofit and construction jobs; (2) to require covered agencies to include the expected energy utility costs of a homeowner as a regular expense in the tests, such as the debt to income test, used to determine the ability of the loan applicant to afford the cost of homeownership for all loan programs; (3) to require covered agencies to include the value of energy savings with the appraised home value in the loan to value metric so that loan amounts can reflect the value home buyers place on the energy efficiency of a house, taking precautions to avoid double-counting and to support safe and sound lending; and (4) to direct the covered agencies to make the necessary credit policy decisions to adjust the maximum permitted debt amounts or debt to income ratios for eligibility to accommodate inclusion of expected energy costs. SEC. 4. ENHANCED ENERGY EFFICIENCY UNDERWRITING CRITERIA. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall develop and issue guidelines for all covered agencies to implement enhanced loan eligibility requirements, for use when testing the ability of a loan applicant to repay a covered loan, that account for the expected costs of energy for a loan applicant at the subject property, in the manner set forth in subsections (b) and (c). (b) Requirements To Account for Energy Costs.--The enhanced loan eligibility requirements required under subsection (a) shall include a requirement that for all covered loans, the covered agency and the mortgagee shall take into consideration the estimated energy costs expected for the owner of the subject property in determining whether the loan applicant has sufficient income to service the mortgage debt plus other regular expenses. To the extent that a covered agency uses a test such as a debt-to-income test that includes certain regular expenses, such as hazard insurance and property taxes, the expected energy costs shall be included as such an expense, and the maximum permitted amounts or ratios for eligibility shall be adjusted to accommodate the average expected energy costs. Energy costs to be assessed include the cost of electricity, natural gas, oil, and any other fuel regularly used to supply energy to the subject property. (c) Determination of Estimated Energy Costs.-- (1) In general.--The regulations to be issued by the Secretary under subsection (a) shall include instructions for the covered agency to calculate estimated energy costs, using the following approach: (A) If no energy efficiency report for the subject property, as described under paragraph (2), is provided to the mortgagee, then the mortgagee shall determine the estimated energy costs for the subject property based upon the size of the subject property and an average per square foot energy cost for properties of that building type in that region. The most current version of the Residential Energy Consumption Survey of the Energy Information Administration, as such survey is authorized under section 205(k) of the Department of Energy Organization Act (42 U.S.C. 7135(k)), may be used as the basis for the average per square foot energy cost, or the Secretary may approve use of another source. (B) If an energy efficiency report is provided to the mortgagee, then the findings in such report shall be used in determining the estimated energy costs of the subject property, and shall be provided to the appraiser for use in estimating the energy efficiency of the house and potential adjustments for energy efficiency. (C) Additional sources of information may be incorporated into the method for determining expected energy costs, as determined by the Secretary. (2) Report requirements.--In order for an energy efficiency report to be valid and acceptable for the purposes of paragraph (1)(B), such report shall-- (A) estimate the expected energy costs specific to the subject property, based on specific information about the property; (B) be prepared in accordance with rules and guidelines to be issued by the Secretary under subsection (a); and (C) be prepared-- (i) in accordance with the Residential Energy Service Network's Home Energy Rating System (also known as ``HERS'') by an individual certified by the network, unless the Secretary finds that such method does not further the purposes of this Act; or (ii) by other methods approved by the Secretary, in consultation with the Secretary of Energy and other stakeholders, including State energy offices, for use under this Act, which in all cases shall include a third-party quality assurance procedure. (d) Required Disclosure to Consumer.--If an energy efficiency report is used under subsection (c)(1)(B), the rules to be issued by the Secretary under subsection (a) shall require the mortgagee to-- (1) inform the loan applicant of the expected energy costs as estimated in the report, in a manner and at a time as prescribed by the Secretary, and if practicable, in the documents delivered at the time of loan application; and (2) include such report in the documentation for the loan provided to the borrower. (e) Limitations.--A covered agency shall not-- (1) modify existing underwriting criteria or adopt new underwriting criteria that intentionally negate or reduce the impact of the requirements or resulting benefits that are set forth or otherwise derived from the enhanced loan eligibility requirements required under this section; or (2) impose greater buy back requirements, credit overlays, insurance requirements, including private mortgage insurance, or any other material costs, impediments, or penalties on covered loans merely because the loan uses an energy efficiency report or the enhanced loan eligibility requirements required under this section. (f) Applicability and Implementation Date.--Not later than 3 years after the date of enactment of this Act, and before January 1, 2015, the enhanced loan eligibility requirements required under this section shall be implemented by each covered agency to-- (1) apply to any covered loan for the sale, or refinancing of any loan for the sale, of any home; (2) be available on any residential real property (including individual units of condominiums and cooperatives) that qualifies for a covered loan; and (3) provide prospective mortgagees with sufficient guidance and applicable tools to implement the required underwriting methods. SEC. 5. ENHANCED ENERGY EFFICIENCY UNDERWRITING VALUATION GUIDELINES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall, in consultation with the Federal Financial Institutions Examination Council, develop and issue guidelines for how covered agencies shall determine the maximum permitted loan amount based on the value of the property for all covered loans made on properties with an energy efficiency report as defined in section 4(c)(2). In addition, the Secretary of Housing and Urban Development shall, in consultation with the Secretary of Energy, within one year of enactment of this Act, issue regulations for covered agencies to determine the estimated energy savings for properties with an energy efficiency report as required by subsection (c). (b) Requirements.--The enhanced energy efficiency underwriting valuation guidelines required under subsection (a) shall include the following: (1) A requirement that if an energy efficiency report that meets the requirements of section 4(c)(2) is provided to the mortgagee, then such report shall be used by the mortgagee or covered agency to determine the estimated energy savings of the subject property. (2) A requirement that the estimated energy savings of the subject property be added by a mortgagee or covered agency to the appraised value for the purpose of determining the loan-to- value ratio of the subject property, unless the appraisal indicates it includes the value of the overall energy efficiency of the property, using methods to be established by the Secretary of Housing and Urban Development in regulations required under subsection (a). (c) Determination of Estimated Energy Savings.--The amount of estimated energy savings shall be determined by calculating the difference between the estimated energy costs for the average comparable house, as determined in rules to be issued by the Secretary of Housing and Urban Development under subsection (a), and the estimated energy costs for the subject property, using the energy efficiency report, as determined under section 4(c)(2). The period of the savings shall be based upon the estimated life of the applicable equipment, consistent with the rating system used to produce the energy report in section 4(c)(2). The present value of the future savings shall be discounted using the average interest rate on conventional 30- year mortgages, in the manner directed by guidelines issued by the Secretary of Housing and Urban Development under subsection (a). (d) Ensuring Consideration of Energy-Efficient Features.--Section 1110 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3339), is amended-- (1) in paragraph (3), by striking the period at the end and inserting ``; and''; and (2) by adding at the end the following: ``(4) that State-certified appraisers have timely access, whenever practicable, to information from the lender relevant to an appraisal of the energy and water efficiency or conserving improvements or features of a property, such as labels or ratings of buildings and installed appliances, blueprints, construction costs, incentives regarding energy- and water-efficient components and systems installed in a property, and third-party verifications or representations of energy and water efficiency performance of a property, observing all financial privacy requirements adhered to by certified and licensed appraisers, including section 501 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801), unless the property owner consents to the lender, an appraiser shall not have access to the commercial or financial information of the owner that is privileged or confidential.''. (e) Transactions Requiring State Certified Appraisers.--Section 1113 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3342), as amended by section 1473(e)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, is amended-- (1) in paragraph (1), by inserting before the semicolon the following: ``, or any real property on which the appraiser makes adjustments using an energy efficiency report''; and (2) in paragraph (2) by inserting after ``atypical'' the following: ``, or an appraisal on which the appraiser makes adjustments using an energy efficiency report.''. (f) Protections.-- (1) Authority to impose limitations.--The guidelines to be issued under subsection (a) shall include such limitations and conditions determined by the Secretary to be necessary to protect against meaningful under or over valuation of energy savings or duplicative counting of energy efficiency features or energy savings in the valuation of any subject property used to determine a loan amount. (2) Additional authority.--At the end of the 7-year period following the implementation of the program established under this Act, the Secretary may modify or apply additional exceptions to the approach described in subsection (b), where the Secretary finds that the unadjusted appraisal will reflect an accurate market value of the efficiency of the subject property. (g) Applicability and Implementation Date.--Each covered agency shall, within 3 years after the date of enactment of this Act, and before January 1, 2015, implement the guidelines required under this section, which shall-- (1) apply to any covered loan for the sale, or refinancing of any loan for the sale, of any home; and (2) be available on any residential real property (including individual units of condominiums and cooperatives) that qualifies for a covered loan. SEC. 6. MONITORING. Not later than 1 year after the date on which the enhanced eligibility and underwriting valuation requirements are implemented under this Act, and each year thereafter, each covered agency with relevant activity shall issue and make available to the public a report that enumerates the number of covered loans of each such agency that used enhanced loan eligibility requirements, for which there was an energy efficiency report, and that used enhanced energy efficiency appraisal guidelines. Such report shall include the default rates and rates of foreclosures for each category of loan. SEC. 7. RULEMAKING. The Secretary shall prescribe regulations to carry out this Act, in consultation with the Secretary of Energy and stakeholders, including State energy offices. Such regulations may contain such classifications, differentiations, or other provisions, and may provide for such proper implementation and appropriate treatment of different types of transactions, as in the judgment of the Secretary are necessary or proper to effectuate the purposes of this Act, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. SEC. 8. ADDITIONAL STUDY. Not later than 18 months after the date of enactment of this Act, the Secretary shall establish an advisory group with the purpose of advising the Secretary on the implementation of the enhanced energy efficiency underwriting criteria established in sections 4 and 5. The advisory group shall provide recommendations to the Secretary on any revisions or additions to the enhanced energy efficiency underwriting criteria deemed necessary by the group, which may include additional factors to account for substantial and regular costs of homeownership such as location-based transportation costs and water costs. The Secretary shall forward any legislative recommendations from the advisory group to Congress for its consideration.

Sensible Accounting to Value Energy Act of 2011 - Directs the Secretary of Housing and Urban Development (HUD) to issue guidelines for all federal mortgage agencies (including the Federal National Mortgage Association [Fannie Mae], the Federal Home Loan Mortgage Corporation [Freddie Mac], and any affiliates) to implement enhanced loan eligibility requirements, for use when determining the ability of a loan applicant to repay a covered loan, that account for the expected costs of energy at the property involved. Directs the Secretary to issue guidelines for how covered agencies shall determine: (1) the maximum permitted loan amount based on the value of the property for all covered loans made on properties with an energy efficiency report, and (2) the estimated energy savings for properties with such a report. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to require rules by the federal financial institutions regulatory agency and the Resolution Trust Corporation for real estate appraisals for federally related transactions to require that state-certified appraisers have timely access, whenever practicable, to lender information relevant to an appraisal of the energy and water efficiency or conserving improvements or features of property. Applies the requirement of state certified appraisers to transactions involving any real property on which the appraiser makes adjustments using an energy efficiency report. Directs the Secretary to establish an advisory group on the implementation of the enhanced energy efficiency underwriting criteria established in this Act.

A bill to improve the accuracy of mortgage underwriting used by Federal mortgage agencies by ensuring that energy costs are included in the underwriting process, to reduce the amount of energy consumed by homes, to facilitate the creation of energy efficiency retrofit and construction jobs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Student Loan Refinancing Act''. SEC. 2. STUDENT LOAN CONSOLIDATION. Section 459B of the Higher Education Act of 1965 (20 U.S.C. 1087i- 2) is amended-- (1) in subsection (a)(3), by striking ``section'' and inserting ``subsection''; (2) in subsection (b), by striking ``this section'' and inserting ``subsection (a)'' each place the term appears; and (3) by inserting at the end the following: ``(c) Temporary Loan Consolidation Authority for Certain Loans Made After July 1, 2006.-- ``(1) Loan consolidation authority.-- ``(A) In general.--A borrower who has 1 or more loans in a category described in subparagraph (B) may consolidate all of the loans of the borrower that are described in subparagraph (B) into a Federal Direct Consolidation Loan during the period described in subparagraph (C). ``(B) Categories of loans that may be consolidated.--The categories of loans that may be consolidated under subparagraph (A) are loans made on or after July 1, 2006, that are-- ``(i) loans made under this part; ``(ii) loans purchased by the Secretary pursuant to section 459A; and ``(iii) loans made under part B that are held by an eligible lender, as such term is defined in section 435(d). ``(C) Time period in which loans may be consolidated.-- ``(i) Federal direct loans.--In the case of a borrower who has 1 or more loans described under subparagraph (B)(i), the Secretary shall-- ``(I) consolidate the loans described under subparagraph (B)(i) not later than 90 days after the date of enactment of the Federal Student Loan Refinancing Act; and ``(II) notify the borrower, in writing, prior to such consolidation that-- ``(aa) the borrower's loans under this part have been consolidated at a lower interest rate; and ``(bb) the borrower's repayment plan and the other terms and conditions of the borrower's loan remain unchanged. ``(ii) Other loans.--In the case of a borrower who has 1 or more loans described under clause (ii) or (iii) of subparagraph (B), the Secretary shall-- ``(I) initiate the loan consolidation process for the loans described under clause (ii) or (iii) of subparagraph (B), not later than 90 days after the date of enactment of the Federal Student Loan Refinancing Act, by sending a completed loan consolidation application to the borrower; ``(II) notify the borrower, as part of such application, that a fee will be assessed and that the interest rate of the Federal Direct Consolidation Loan will be set in accordance with paragraph (2); and ``(III) notify the borrower, as part of such application, that if the borrower wishes to consolidate in accordance with the completed application, the borrower must endorse the application and submit the application to the Secretary not more than 6 months after receipt of the application. ``(2) Terms of loans.--The following terms and conditions shall apply to a Federal Direct Consolidation Loan made under this subsection: ``(A) The applicable rate of interest on a Federal Direct Consolidation Loan made under this subsection shall be-- ``(i) 4 percent; or ``(ii) in a case in which the weighted average of the interest rates on the outstanding loans of a borrower that will be consolidated is less than 4 percent, the lesser of-- ``(I) the weighted average of the interest rates on the outstanding loans of a borrower that will be consolidated; or ``(II) a rate of interest equal to-- ``(aa) 4 percent; minus ``(bb) 0.4 percent of the principal balance of the consolidation loan, at the time of consolidation. ``(B) In the case of a loan consolidated under paragraph (1)(C)(ii), an origination fee equal to 0.4 percent of the principal balance of the consolidation loan, at the time of consolidation, will be added to the principal balance of the loan, and the Secretary shall use the fee to cover the cost of making and servicing the loan. ``(C) If 1 or more of the loans being consolidated is a loan described under paragraph (1)(B)(iii), the interest rate on the Federal Direct Consolidation Loan under this subsection shall be reduced by 0.25 percent. ``(D) Any benefit a borrower is receiving or earning at the time a Federal Direct Consolidation Loan is issued under this subsection shall not be affected by consolidation under this section, including benefits such as a deferment or forbearance, accumulation of monthly payments as part of the public service loan forgiveness program under section 455(m), accumulation of monthly payments toward a loan discharge under the income-based repayment plan under section 493C, participation in a particular repayment plan, and other benefits to the borrower.''. SEC. 3. EXEMPTIONS FROM OTHER LAWS. (a) Exemption From the Paperwork Reduction Act.--Chapter 35 of title 44, United States Code, shall not apply to this Act. (b) Inapplicability of Rulemaking Requirements.--Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) and section 553 of title 5, United States Code, shall not apply to the amendments made by this Act, or to any regulations promulgated under such amendments.

Federal Student Loan Refinancing Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow borrowers that received loans under the William D. Ford Federal Direct Loan (DL) or Federal Family Education Loan (FFEL) program on or after July 1, 2006, to consolidate those loans as Federal Direct Consolidation Loans. It directs the Department of Education (ED) to consolidate DLs, and send a completed loan consolidation application to FFEL borrowers, within 90 days of this bill's enactment. It gives FFEL borrowers six months after their receipt of such application to endorse it and submit it to ED if they wish to consolidate their loans. The bill sets the interest rate on Federal Direct Consolidation Loans at 4% or, if the weighted average of the interest rates of the loans being consolidated is less than 4%, the lesser of: (1) that weighted average, or (2) an interest rate equal to 0.4% of the principal balance of the consolidation loan at the time of consolidation. It adds an origination fee equal to 0.4% of the principal balance of the consolidation loan at the time of consolidation if an FFEL is being consolidated. It reduces the interest rate on a Federal Direct Consolidation Loan by 0.25% if one or more of the loans being consolidated is an FFEL held by an eligible lender. The bill prohibits any benefit a borrower is receiving or earning when issued a Federal Direct Consolidation Loan from being affected by the consolidation.

Federal Student Loan Refinancing Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Choice Act of 2005''. TITLE I--PERMITTING USE OF MULTISEAT DISTRICTS FOR HOUSE ELECTIONS SEC. 101. MULTISEAT DISTRICTS PERMITTED FOR ELECTION OF REPRESENTATIVES FOR STATES WITH A PROPORTIONAL VOTING SYSTEM. (a) In General.--Notwithstanding the Act entitled ``An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting'', approved December 14, 1967 (Public Law 90-196; 2 U.S.C. 2c), a State that is entitled to more than one Representative in Congress may establish a number of districts for election of Representatives that is less than the number of Representatives to which the State is entitled so long as Representatives are elected under a system which meets the following conditions: (1) The system meets the constitutional standard of majority rule and of individuals having equal voting power. (2) The system ensures the election of any candidate in a multiseat district who receives a share of votes cast that is at least one vote greater than one-third of the total number of votes cast in the district. (3) The number of residents per Representative is equal for all Representatives elected in the State. (b) No Restriction on Selection.--Nothing in subsection (a)(2) may be construed to prohibit a State from using a system under which a candidate may be elected with less than one-third of the total votes cast in a multiseat district. (c) Single-Seat Districts Permitted in States Using Multiseat Districts.--A State establishing multiseat districts under this title may establish such districts for the election of all Representatives in the State or in combination with one or more single-seat districts. SEC. 102. RELATION TO VOTING RIGHTS ACT OF 1965. The rights and remedies established by this title are in addition to all other rights and remedies provided by law, and the rights and remedies established by this title shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.). Nothing in this title authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.). TITLE II--INSTANT RUNOFF VOTING FOR FEDERAL ELECTIONS SEC. 201. REQUIRING USE OF INSTANT RUNOFF VOTING FOR GENERAL ELECTIONS FOR FEDERAL OFFICE. (a) In General.--Notwithstanding any other provision of law and except as provided in subsection (b), each State shall conduct general elections for Federal office held in the State during 2008 and each succeeding year using an instant runoff voting system, and shall ensure that the voting equipment and technology used to conduct the elections is compatible with such a system. (b) Exception for House Elections in Multiseat Districts.-- Subsection (a) shall not apply with respect to any election for the office of Member of the House of Representatives which is held in a multiseat district (as provided in title I). (c) Definitions.--In this title, the following definitions apply: (1) The term ``Federal office'' has the meaning given such term in section 301(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(3)). (2) The term ``instant runoff voting system'' means a system for the election of candidates under which-- (A) runoff counts of candidates are conducted in rounds; (B) voters may rank candidates on the ballot according to the order of preference; (C) if in any round no candidate receives a majority of the votes cast, the candidate with the fewest number of votes is eliminated and the remaining candidates advance to the next round; (D) in each round, a voter shall be considered to have cast one vote for the candidate the voter ranked highest on the ballot who has not been eliminated; and (E) the runoff counts are carried out automatically at the time the votes are cast and tabulated. (3) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands. SEC. 202. GRANTS TO STATES TO DEFRAY COSTS OF ADMINISTERING INSTANT RUNOFF VOTING SYSTEM. (a) Establishment of Grant Program.--There is established a program under which the Election Assistance Commission (hereafter in this title referred to as the ``Commission'') shall make grants to eligible States to defray the costs of administering an instant runoff voting system or a proportional voting system, including the costs of purchasing voting equipment, software, and other technology necessary for such a system. (b) Plan for Program.--Not later than 60 days after the date of the enactment of this Act, the Commission shall develop and make public a plan describing the criteria to be used in the solicitation and approval of applications for grants under this title and the criteria to be used in overseeing the use of funds provided under such grants, except that under such criteria the Commission may not require a State to match any portion of the amount awarded as a condition of eligibility. (c) Eligibility of States.-- (1) In general.--A State is eligible to receive a grant under the program under this section if it submits to the Commission (in such form and manner as the Commission may require) an application containing such information and assurances as the Commission may require. (2) Deadline for application.--The Commission may not consider an application for a grant under this section unless the application is submitted prior to the expiration of the 60- day period which begins on the date the Commission makes public the plan developed under subsection (b). (3) Deadline for response.--The Commission shall approve or reject an application submitted under this subsection not later than 120 days after receiving the application. (4) Criteria for rejection.--The Commission may not reject an application submitted under this subsection unless it finds that-- (A) the equipment, software, or other technology used to administer elections in the State is not compatible with an instant runoff voting system or a proportional voting system; or (B) the State does not provide for appropriate education for voters, poll workers, and election officials in the use of an instant runoff voting system or a proportional voting system. (d) Cap on Amount of Grant.--The amount of any grant awarded to a State under the program under this section may not exceed the product of-- (1) the number of residents in the State at the time the grant is awarded (based on the most recent decennial census); and (2) $12. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out the program under this section-- (1) $500,000,000 for fiscal year 2006; and (2) such sums as may be necessary for fiscal year 2007 and each succeeding fiscal year. SEC. 203. RELATIONSHIP TO OTHER LAWS. Nothing in this title may be construed to supersede or conflict with the Voting Rights Act of 1965 (42 U.S.C. 1973aa et seq.) or the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.).

Voter Choice Act of 2005 - Authorizes a state entitled to more than one Representative in Congress to establish a number of districts for election of Representatives that is less than the number of Representatives to which the state is entitled, as long as the Representatives are elected: (1) under a system meeting the constitutional standard of majority rule and of individuals having equal voting power; (2) the system ensures the election of any candidate in a multiseat district who receives a share of votes cast that is at least one vote greater than one-third of the total number of votes cast in the district; and (3) the number of residents per Representative is equal for all Representatives elected in the state. Requires each state to conduct general elections for federal office held in the state during 2008 and each succeeding year using an instant runoff voting system, and ensure that the voting equipment and technology used to conduct the elections is compatible with such a system. Establishes a program under which the Election Assistance Commission shall make grants to eligible states to defray the costs of administering an instant runoff voting system or a proportional voting system.

To provide that a State may use a proportional voting system for multiseat congressional districts, to require the use of instant runoff voting in certain elections for Federal office, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Palestinian Accountability Act''. SEC. 2. PROHIBITION ON USE OF THE TERM ``PALESTINE'' IN UNITED STATES GOVERNMENT DOCUMENTS. (a) In General.--No United States Government document may refer to the areas controlled by the Palestinian Authority as ``Palestine'' until the Secretary of State certifies to Congress that the Palestinian Authority, at a minimum-- (1) does not manipulate or inappropriately influence in any way the outcome of presidential or legislative elections in areas controlled by the Palestinian Authority; (2) is advancing democratic ideals by actively promoting human rights and ending government corruption through increased efficiency and transparency in all government agencies and initiatives; (3) regularly and strongly condemns terrorism; (4) has taken, and plans to continue to take, tangible steps to disavow terrorism, dismantle terrorist infrastructures, confiscate unauthorized weapons, arrest and bring terrorists to justice, consolidate and control the Palestinian security organizations, and end the incitement to violence and hatred in the Palestinian media, educational institutions, mosques, and other institutions; (5) has ceased to participate in any economic, educational, cultural, or other boycott of Israel, its citizens, its products, or its services; (6) has worked, and plans to continue to work, actively with the Government of Israel to implement the steps and adhere to the principles set out in the Performance-Based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict of 2003 (commonly referred to as the ``Roadmap to Peace'') (or any successor to such) to bring security, peace, and reconciliation between Israel and the Palestinians; (7) recognizes Israel's right to exist as a Jewish state and conducts diplomatic relations with the State of Israel in the same manner and to the same extent as it conducts diplomatic relations with any other country; and (8) has either excluded Hamas from participating in a unity government or, if not, has required Hamas to explicitly and publicly support the requirements of paragraphs (1) to (7) of this subsection. (b) Nonwaivability.--The prohibition under subsection (a) may not be waived for any purpose. SEC. 3. PROHIBITION ON UNITED STATES FUNDS TO THE PALESTINIAN AUTHORITY. (a) In General.--No funds available to any United States Government department or agency to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 for any fiscal year may be obligated or expended with respect to providing funds to the Palestinian Authority unless with respect to such fiscal year-- (1) an independent audit of the budget of the Palestinian Authority is conducted by a United States nongovernmental or private organization or entity and the Secretary of State submits such audit to Congress; and (2) the Secretary of State certifies to Congress that the Palestinian Authority, at a minimum, meets the requirements of paragraphs (1) to (8) of section 2(a) of this Act. (b) Effective Date.--This section takes effect on the date of the enactment of this Act and applies with respect to funds available for fiscal year 2013 and subsequent fiscal years. SEC. 4. PROHIBITION ON UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS. (a) In General.--Except as provided in section 5, no funds available to any United States Government department or agency for any fiscal year may be obligated or expended with respect to making contributions to the United Nations if a Palestinian state is recognized as a member state of the United Nations unless with respect to such fiscal year the Secretary of State certifies to Congress that the Palestinian Authority, at a minimum, meets the requirements of paragraphs (1) to (8) of section 2(a) of this Act. (b) Effective Date.--This section takes effect on the date of the enactment of this Act and applies with respect to funds available for fiscal year 2013 and subsequent fiscal years. SEC. 5. PROHIBITION ON UNITED STATES CONTRIBUTIONS TO UNRWA. (a) In General.--No funds available to any United States Government department or agency for any fiscal year may be obligated or expended with respect to making contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) unless with respect to such fiscal year-- (1) an independent audit of the budget of UNRWA is conducted by a United States nongovernmental or private organization or entity and the Secretary of State submits such audit to Congress; and (2) the Secretary of State certifies to Congress that UNRWA, at a minimum, meets the requirements applicable to the Palestinian Authority under paragraphs (1) to (3), (5), and (7) of section 2(a) of this Act, except that for purposes of meeting the requirements of paragraph (1) of such section, the term ``Palestinian Authority'' shall be deemed to be ``UNRWA''. (b) Effective Date.--This section takes effect on the date of the enactment of this Act and applies with respect to funds available for fiscal year 2013 and subsequent fiscal years.

Palestinian Accountability Act - Prohibits any U.S. government document from referring to the areas controlled by the Palestinian Authority (PA) as Palestine until the Secretary of State certifies to Congress that the PA: (1) does not inappropriately influence elections in PA-contolled areas; (2) is promoting human rights and ending government corruption; (3) has taken steps to dismantle terrorist infrastructures and arrest terrorists, control Palestinian security organizations, and end the incitement to violence and hatred in the Palestinian media, educational institutions, and mosques; (4) has ceased to participate in any boycott of Israel; (5) works with Israel to implement the Performance-Based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict of 2003 (the Roadmap to Peace); (6) recognizes Israel's right to exist as a Jewish state; and (7) has excluded Hamas from participating in a unity government or has required Hamas to publicly support such requirements. Prohibits certain Foreign Assistance Act of 1961 funds from being made available to the PA unless: (1) a U.S. nongovernmental or private entity audits the PA budget and the Secretary submits the audit to Congress, and (2) the Secretary certifies to Congress that the PA meets specified requirements. Prohibits funds from being obligated or expended for U.S. contributions to the United Nations (U.N.) if a Palestinian state is recognized as a U.N. member state unless the Secretary certifies to Congress that the PA meets specified requirements. Prohibits funds from from being obligated or expended for U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) unless: (1) a U.S. nongovernmental or private entity audits the UNRWA budget and the Secretary submits the audit to Congress, and (2) the Secretary certifies to Congress that UNRWA meets specified requirements.

Palestinian Accountability Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Social Security Disability Insurance Return to Work Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Revising disability classifications. Sec. 3. Requiring periodic continuing disability reviews for certain beneficiaries. Sec. 4. Regulations related to disability classifications and CDRs. Sec. 5. Time-limiting disability benefits for MIE and MIL individuals. Sec. 6. Encouraging work by MIE and MIL individuals. Sec. 7. Increased funding for continuing disability reviews. SEC. 2. REVISING DISABILITY CLASSIFICATIONS. Section 221 of the Social Security Act (42 U.S.C. 421) is amended by adding at the end the following new subsection: ``(n)(1) Not later than 1 year after the date of the enactment of this subsection, the Commissioner of Social Security shall establish a system for classifying any individual who is determined to be entitled to disability insurance benefits under this title or to monthly benefits under section 202 by reason of being under a disability in the following manner: ``(A) An individual shall be classified as `medical improvement expected' if the impairment or combination of impairments causing the individual to be disabled is expected to medically improve to the point where the individual will no longer be disabled in 12 to 24 months. ``(B) An individual shall be classified as `medical improvement likely' if the impairment or combination of impairments causing the individual to be disabled is expected to medically improve to the point where the individual will no longer be disabled in 25 months to 60 months. ``(C) An individual shall be classified as `medical improvement possible' if the impairment or combination of impairments causing the individual to be disabled is not expected to medically improve to the point where the individual will no longer be disabled in 60 months, but future improvement is possible. ``(D) An individual shall be classified as `medical improvement not expected' if the individual has an impairment or combination of impairments that is chronic or progressive with permanent, irreversible structural or functional loss, and for which there is no known effective therapy, treatment, or surgical intervention that could result in medical improvement to the point where the individual is no longer disabled. ``(2) In classifying an individual under the system established under this subsection, the Commissioner of Social Security shall not classify an individual as `medical improvement not expected' solely by reason of such individual's age where a lesser classification is appropriate. ``(3) Notwithstanding section 205(b)(1) or subsection (c)(1) or (d) of this section, there shall be no review of, or right to appeal, a classification made under the system established under this subsection.''. SEC. 3. REQUIRING PERIODIC CONTINUING DISABILITY REVIEWS FOR CERTAIN BENEFICIARIES. (a) In General.--Section 221(i) of the Social Security Act (42 U.S.C. 421(i)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1)(A) In the case of any individual who has not attained age 63, is determined to be under a disability, and is classified as `medical improvement possible' or `medical improvement not expected', the applicable State agency or the Commissioner of Social Security (as may be appropriate) shall, for purposes of determining such individual's continuing disability-- ``(i) if the individual is classified as `medical improvement possible', conduct a review to determine whether the individual remains under a disability during the 5th year following the first month after the individual's waiting period (as defined in section 223(c)(2)); and ``(ii) if the individual is classified as `medical improvement not expected', conduct a review to determine whether the individual remains under a disability during the 10th year following the first month after the individual's waiting period (as so defined). ``(B) In addition to the continuing disability reviews required under subparagraph (A) and notwithstanding how an individual is classified under the system established by the Commissioner of Social Security under subsection (n), if the Commissioner has reason to believe that an individual that has been determined to be under a disability is not under a disability, the Commissioner may review such individual's case at such time and in such manner as the Commissioner determines appropriate except that the Commissioner shall not initiate a review on the basis of income earned by an individual who is a participant in the process established under section 223(l). ``(C) Reviews of cases which are required or permitted under this paragraph shall be in addition to, and shall not be considered as a substitute for, any other reviews which are required or provided for under or in the administration of this title.''; (2) by striking paragraph (2); and (3) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively. (b) Standard of Review for Continuing Disability Reviews.-- (1) In general.--Section 223(f) of the Social Security Act (42 U.S.C. 423(f)) is amended-- (A) in paragraph (4), by striking the period at the end and inserting ``; or''; (B) by inserting after paragraph (4) the following new paragraph: ``(5) in the case of a continuing disability review under section 221(i), evidence that would be sufficient to support a finding in an initial determination that the individual is not under a disability and is able to engage in substantial gainful activity.''; and (C) in the flush matter at the end, by inserting ``, except that, in the case of a continuing disability review under section 221(i), the Commissioner shall not consider the fact that an individual is engaged in substantial gainful work as part of the process established under subsection (l) as evidence that the individual is able to engage in substantial gainful activity'' after ``secured by the Commissioner of Social Security''. (2) Conforming amendment to definition of disability.-- Section 223(d)(2) of the Social Security Act (42 U.S.C. 423(d)(2)) is amended-- (A) in subparagraph (A), by striking ``An individual'' and inserting ``Subject to subparagraph (D), an individual''; and (B) by adding at the end the following new subparagraph: ``(D) In the case of a continuing disability review under section 221(i), an individual may be found to be under a disability even though the individual is engaged in substantial gainful work as part of the process established under subsection (l).''. SEC. 4. REGULATIONS RELATED TO DISABILITY CLASSIFICATIONS AND CDRS. The Commissioner of Social Security shall promulgate or revise, as appropriate, regulations relating to the determination, classification, and review of the disability status of individuals who apply for or receive disability insurance benefits under title II of the Social Security Act and related provisions of agency guidance to carry out section 2 and the amendments made by section 3. SEC. 5. TIME-LIMITING DISABILITY BENEFITS FOR MIE AND MIL INDIVIDUALS. Section 223 of the Social Security Act (42 U.S.C. 423) is amended-- (1) in subsection (a)(1), in the flush language after and below subparagraph (E), by striking ``subsection (e)'' and inserting ``subsections (e) and (k)''; and (2) by adding at the end the following new subsection: ``Time-Limited Disability Benefits ``(k)(1) In the case of an individual who files an application for disability insurance benefits under this section or for monthly benefits under section 202 by reason of being under a disability for any month that begins on or after the date that is 1 year after the date of the enactment of the Social Security Disability Insurance Return to Work Act of 2016, is determined to be under a disability, and is classified by the Commissioner of Social Security as `medical improvement expected' or `medical improvement likely', the termination month applicable to the individual shall be-- ``(A) if the individual has been classified as `medical improvement expected', the 23rd month following the first month after the individual's waiting period (as defined in subsection (c)(2)); or ``(B) if the individual has been classified as `medical improvement likely', the 59th month following the first month after the individual's waiting period (as so defined). ``(2)(A)(i) For purposes of this paragraph, the term `timely reapplication' means an application for disability insurance benefits under this section or for monthly benefits under section 202 by reason of being under a disability that is submitted-- ``(I) by an individual who is a recipient of such benefits; and ``(II) during the period that is 14 months before the end of the termination month applicable (or most recently applicable) to the individual under paragraph (1) as of the date of such application and ending with the date that is 12 months before the end of such termination month. ``(ii) Notwithstanding clause (i), the Commissioner of Social Security may deem an application for disability insurance benefits under this section or for monthly benefits under section 202 by reason of being under a disability submitted by an individual who is a recipient of such benefits that is submitted after the period described in clause (i)(II) to be a timely reapplication if-- ``(I) the individual can show good cause for why the application was not submitted during such period; and ``(II) the application is submitted not later than 6 months before the end of the termination month applicable (or most recently applicable) to the individual under paragraph (1) as of the date of such application. ``(B)(i) An individual who submits a timely reapplication and who is determined to be under a disability shall be deemed to have satisfied the waiting period applicable under subsection (c)(2). ``(ii)(I) If the Commissioner of Social Security fails to make an initial determination with respect to the timely reapplication of an individual who is a recipient of disability insurance benefits under this section or monthly benefits under section 202 by reason of being under a disability before the end of the termination month applicable to the individual as of the date of such reapplication, such individual shall continue to be entitled to such benefits until an initial determination with respect to such timely reapplication is made. ``(II) If the Commissioner of Social Security makes an initial adverse determination with respect to the timely reapplication of an individual who is a recipient of disability insurance benefits under this section or monthly benefits under section 202 by reason of being under a disability and such individual files a timely request for a hearing under section 221(d), such individual may elect to have the payment of such benefits (as well as any other benefits payable under this title or title XVIII on the basis of such individual's entitlement to such benefits) continue in the same manner and subject to the same conditions as an election made under subsection (g). ``(C) For purposes of reviewing a timely reapplication submitted by an individual who is a recipient of disability insurance benefits under this section or monthly benefits under section 202 by reason of being under a disability-- ``(i) the fact that the individual was previously found to be under a disability shall have no evidentiary weight; ``(ii) the fact that the individual participated in the process established under subsection (l) may be taken into account for purposes of determining whether such individual is under a disability; and ``(iii) subsection (f) shall not apply.''. SEC. 6. ENCOURAGING WORK BY MIE AND MIL INDIVIDUALS. (a) In General.--Section 223 of the Social Security Act (42 U.S.C. 423), as amended by section 5, is further amended-- (1) in subsection (a)(2), by striking ``section 202(q) and section 215(b)(2)(A)(ii)'' and inserting ``subsection (l) and sections 202(q) and 215(b)(2)(A)(ii)''; and (2) by adding at the end the following new subsection: ``Treatment of Work Performed by Certain Disabled Individuals ``(l)(1) The Commissioner of Social Security shall establish a process whereby an eligible individual who is entitled to a disability insurance benefit under this section may elect to return to employment and receive an adjusted disability insurance benefit amount (as determined pursuant to paragraph (3)). ``(2)(A) For purposes of this subsection, the term `eligible individual' means an individual who has been classified as `medical improvement expected' or `medical improvement likely'. ``(B) Participation by an eligible individual in the process established under this subsection shall be suspended if such individual has no reported wages or self-employment income for the 4 preceding calendar quarters (as defined in section 213(a)(1)). ``(3)(A) For purposes of subsection (a)(2), the amount of the disability insurance benefit provided to an eligible individual who has elected to return to employment for any month shall be equal to-- ``(i) in the case of an individual who has average monthly earnings (as determined under subparagraph (B)) equal to or less than the level of monthly earnings established by the Commissioner to represent substantial gainful activity, the amount otherwise applicable for such individual under subsection (a)(2); or ``(ii) in the case of individual who has average monthly earnings (as determined under subparagraph (B)) that are in excess of the level of monthly earnings established by the Commissioner to represent substantial gainful activity, the amount of the disability insurance benefit that would otherwise apply for such individual under subsection (a)(2) reduced (but not below zero) by an amount equal to 50 percent of the excess of such individual's average monthly earnings over the level of monthly earnings established by the Commissioner to represent substantial gainful activity. ``(B)(i) The average monthly earnings for an eligible individual shall be equal to the quotient of-- ``(I) the total amount of wages and self-employment income for such individual in any eligible months during the 2 calendar quarters (as defined in section 213(a)(1)) that precede the most recently completed calendar quarter, and ``(II) the total number of eligible months during such 2- calendar-quarter period. ``(ii) For purposes of clause (i), the term `eligible month' means any month subsequent to the month in which an eligible individual became entitled to a disability insurance benefit. ``(4) For purposes of paragraph (3)(B), wages and self-employment income of an individual shall be determined based on relevant information for such individual as provided by the State agency responsible for the administration of State unemployment compensation law. ``(5) For purposes of an eligible individual who has elected to return to employment under this subsection, any services performed or earnings derived from services during the period of such participation shall not be considered for purposes of demonstrating an individual's ability to engage in substantial gainful activity under subsection (d)(4) and shall not be considered substantial gainful activity for purposes of subsection (e). ``(6) For purposes of this title, the disability insurance benefit received by an individual under this subsection shall not be applied for purposes of determining any monthly benefits payable to any other individuals entitled to benefits for any month based on the wages and self-employment income of such individual.''. (b) Conforming Amendment.--Section 221(m)(2)(B) of the Social Security Act (42 U.S.C. 421(m)(2)(B)) is amended by inserting ``(unless such individual is participating in the process established under section 223(l))'' before the period. (c) Effective Date.--The amendments made by this section shall apply to benefits payable for months beginning after October 1, 2017. SEC. 7. INCREASED FUNDING FOR CONTINUING DISABILITY REVIEWS. Notwithstanding any other provision of law, for any calendar year after 2017-- (1) the Commissioner of Social Security shall determine the amount of any reduction in expenditures from the Federal Disability Insurance Trust Fund (as defined in section 201(b) of the Social Security Act (42 U.S.C. 401(b))) during the preceding calendar year by reason of the provisions of this Act and the amendments made by this Act; and (2) 10 percent of the amount determined under paragraph (1) shall be authorized to be made available from the Federal Disability Insurance Trust Fund for continuing disability reviews (as defined in section 201(g)(1)(A) of the Social Security Act (42 U.S.C. 401(g)(1)(A))).

Social Security Disability Insurance Return to Work Act of 2016 This bill amends title II (Old Age, Survivors, and Disability Insurance) of the Social Security Act (SSAct) to: (1) establish specified new disability classifications, and (2) require periodic continuing disability reviews for beneficiaries classified as "medical improvement possible" or "medical improvement not likely." The bill revises the standard of review for termination of disability benefits regarding an individual engaged in substantial gainful work as part of a certain process. The Social Security Administration (SSA) shall promulgate or revise, as appropriate, regulations relating to the determination, classification, and review of the disability status of individuals who apply for or receive disability insurance benefits. SSAct title II is amended to: (1) prescribe time limits for disability benefits classified "medical improvement expected" or "medical improvement likely," and (2) direct the SSA to establish a process for an individual entitled to a disability insurance benefit to elect to return to employment and receive an adjusted disability insurance benefit amount. The SSA shall determine the amount of any reduction in expenditures from the Federal Disability Insurance Trust Fund during the preceding calendar year. 10% of that amount shall be made available for continuing disability reviews.

Social Security Disability Insurance Return to Work Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multidistrict, Multiparty, Multiforum Trial Jurisdiction Act of 2001''. SEC. 2. MULTIDISTRICT LITIGATION. Section 1407 of title 28, United States Code, is amended-- (1) in the third sentence of subsection (a), by inserting ``or ordered transferred to the transferee or other district under subsection (i)'' after ``terminated''; and (2) by adding at the end the following new subsection: ``(i)(1) Subject to paragraph (2) and except as provided in subsection (j), any action transferred under this section by the panel may be transferred for trial purposes, by the judge or judges of the transferee district to whom the action was assigned, to the transferee or other district in the interest of justice and for the convenience of the parties and witnesses. ``(2) Any action transferred for trial purposes under paragraph (1) shall be remanded by the panel for the determination of compensatory damages to the district court from which it was transferred, unless the court to which the action has been transferred for trial purposes also finds, for the convenience of the parties and witnesses and in the interests of justice, that the action should be retained for the determination of compensatory damages.''. SEC. 3. MULTIPARTY, MULTIFORUM JURISDICTION OF DISTRICT COURTS. (a) Basis of Jurisdiction.-- (1) In general.--Chapter 85 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1369. Multiparty, multiforum jurisdiction ``(a) In General.--The district courts shall have original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 25 natural persons have either died or incurred injury in the accident at a discrete location and, in the case of injury, the injury has resulted in damages which exceed $150,000 per person, exclusive of interest and costs, if-- ``(1) a defendant resides in a State and a substantial part of the accident took place in another State or other location, regardless of whether that defendant is also a resident of the State where a substantial part of the accident took place; ``(2) any two defendants reside in different States, regardless of whether such defendants are also residents of the same State or States; or ``(3) substantial parts of the accident took place in different States. ``(b) Limitation of Jurisdiction of District Courts.--The district court shall abstain from hearing any civil action described in subsection (a) in which-- ``(1) the substantial majority of all plaintiffs are citizens of a single State of which the primary defendants are also citizens; and ``(2) the claims asserted will be governed primarily by the laws of that State. ``(c) Special Rules and Definitions.--For purposes of this section-- ``(1) minimal diversity exists between adverse parties if any party is a citizen of a State and any adverse party is a citizen of another State, a citizen or subject of a foreign state, or a foreign state as defined in section 1603(a) of this title; ``(2) a corporation is deemed to be a citizen of any State, and a citizen or subject of any foreign state, in which it is incorporated or has its principal place of business, and is deemed to be a resident of any State in which it is incorporated or licensed to do business or is doing business; ``(3) the term `injury' means-- ``(A) physical harm to a natural person; and ``(B) physical damage to or destruction of tangible property, but only if physical harm described in subparagraph (A) exists; ``(4) the term `accident' means a sudden accident, or a natural event culminating in an accident, that results in death or injury incurred at a discrete location by at least 25 natural persons; and ``(5) the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. ``(d) Intervening Parties.--In any action in a district court which is or could have been brought, in whole or in part, under this section, any person with a claim arising from the accident described in subsection (a) shall be permitted to intervene as a party plaintiff in the action, even if that person could not have brought an action in a district court as an original matter. ``(e) Notification of Judicial Panel on Multidistrict Litigation.-- A district court in which an action under this section is pending shall promptly notify the judicial panel on multidistrict litigation of the pendency of the action.''. (2) Conforming amendment.--The table of sections at the beginning of chapter 85 of title 28, United States Code, is amended by adding at the end the following new item: ``1369. Multiparty, multiforum jurisdiction.''. (b) Venue.--Section 1391 of title 28, United States Code, is amended by adding at the end the following: ``(g) A civil action in which jurisdiction of the district court is based upon section 1369 of this title may be brought in any district in which any defendant resides or in which a substantial part of the accident giving rise to the action took place.''. (c) Multidistrict Litigation.--Section 1407 of title 28, United States Code, as amended by section 2 of this Act, is further amended by adding at the end the following: ``(j)(1) In actions transferred under this section when jurisdiction is or could have been based, in whole or in part, on section 1369 of this title, the transferee district court may, notwithstanding any other provision of this section, retain actions so transferred for the determination of liability and punitive damages. An action retained for the determination of liability shall be remanded to the district court from which the action was transferred, or to the State court from which the action was removed, for the determination of damages, other than punitive damages, unless the court finds, for the convenience of parties and witnesses and in the interest of justice, that the action should be retained for the determination of damages. ``(2) Any remand under paragraph (1) shall not be effective until 60 days after the transferee court has issued an order determining liability and has certified its intention to remand some or all of the transferred actions for the determination of damages. An appeal with respect to the liability determination of the transferee court may be taken during that 60-day period to the court of appeals with appellate jurisdiction over the transferee court. In the event a party files such an appeal, the remand shall not be effective until the appeal has been finally disposed of. Once the remand has become effective, the liability determination shall not be subject to further review by appeal or otherwise. ``(3) An appeal with respect to determination of punitive damages by the transferee court may be taken, during the 60-day period beginning on the date the order making the determination is issued, to the court of appeals with jurisdiction over the transferee court. ``(4) Any decision under this subsection concerning remand for the determination of damages shall not be reviewable by appeal or otherwise. ``(5) Nothing in this subsection shall restrict the authority of the transferee court to transfer or dismiss an action on the ground of inconvenient forum.''. (d) Removal of Actions.--Section 1441 of title 28, United States Code, is amended-- (1) in subsection (e) by striking ``(e) The court to which such civil action is removed'' and inserting ``(f) The court to which a civil action is removed under this section''; and (2) by inserting after subsection (d) the following new subsection: ``(e)(1) Notwithstanding the provisions of subsection (b) of this section, a defendant in a civil action in a State court may remove the action to the district court of the United States for the district and division embracing the place where the action is pending if-- ``(A) the action could have been brought in a United States district court under section 1369 of this title; or ``(B) the defendant is a party to an action which is or could have been brought, in whole or in part, under section 1369 in a United States district court and arises from the same accident as the action in State court, even if the action to be removed could not have been brought in a district court as an original matter. The removal of an action under this subsection shall be made in accordance with section 1446 of this title, except that a notice of removal may also be filed before trial of the action in State court within 30 days after the date on which the defendant first becomes a party to an action under section 1369 in a United States district court that arises from the same accident as the action in State court, or at a later time with leave of the district court. ``(2) Whenever an action is removed under this subsection and the district court to which it is removed or transferred under section 1407(j) has made a liability determination requiring further proceedings as to damages, the district court shall remand the action to the State court from which it had been removed for the determination of damages, unless the court finds that, for the convenience of parties and witnesses and in the interest of justice, the action should be retained for the determination of damages. ``(3) Any remand under paragraph (2) shall not be effective until 60 days after the district court has issued an order determining liability and has certified its intention to remand the removed action for the determination of damages. An appeal with respect to the liability determination of the district court may be taken during that 60-day period to the court of appeals with appellate jurisdiction over the district court. In the event a party files such an appeal, the remand shall not be effective until the appeal has been finally disposed of. Once the remand has become effective, the liability determination shall not be subject to further review by appeal or otherwise. ``(4) Any decision under this subsection concerning remand for the determination of damages shall not be reviewable by appeal or otherwise. ``(5) An action removed under this subsection shall be deemed to be an action under section 1369 and an action in which jurisdiction is based on section 1369 of this title for purposes of this section and sections 1407, 1697, and 1785 of this title. ``(6) Nothing in this subsection shall restrict the authority of the district court to transfer or dismiss an action on the ground of inconvenient forum.''. (e) Service of Process.-- (1) Other than subpoenas.--(A) Chapter 113 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1697. Service in multiparty, multiforum actions ``When the jurisdiction of the district court is based in whole or in part upon section 1369 of this title, process, other than subpoenas, may be served at any place within the United States, or anywhere outside the United States if otherwise permitted by law.''. (B) The table of sections at the beginning of chapter 113 of title 28, United States Code, is amended by adding at the end the following new item: ``1697. Service in multiparty, multiforum actions.''. (2) Service of subpoenas.--(A) Chapter 117 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1785. Subpoenas in multiparty, multiforum actions ``When the jurisdiction of the district court is based in whole or in part upon section 1369 of this title, a subpoena for attendance at a hearing or trial may, if authorized by the court upon motion for good cause shown, and upon such terms and conditions as the court may impose, be served at any place within the United States, or anywhere outside the United States if otherwise permitted by law.''. (B) The table of sections at the beginning of chapter 117 of title 28, United States Code, is amended by adding at the end the following new item: ``1785. Subpoenas in multiparty, multiforum actions.''. SEC. 4. EFFECTIVE DATE. (a) Section 2.--The amendments made by section 2 shall apply to any civil action pending on or brought on or after the date of the enactment of this Act. (b) Section 3.--The amendments made by section 3 shall apply to a civil action if the accident giving rise to the cause of action occurred on or after the 90th day after the date of the enactment of this Act. Passed the House of Representatives March 14, 2001. Attest: JEFF TRANDAHL, Clerk.

Multidistrict, Multiparty, Multiforum Trial Jurisdiction Act of 2001 - Amends the Federal judicial code to allow a civil action transferred for coordinated or consolidated pretrial proceedings (multidistrict litigation) to be transferred to the transferee or other district for trial purposes in the interest of justice and for the convenience of the parties and witnesses. Directs that any such action transferred for trial purposes be remanded to the district court from which it was transferred for the determination of compensatory damages, unless the court also finds that the action should be retained for the determination of compensatory damages for the convenience of the parties and witnesses and in the interests of justice.Grants Federal district courts original jurisdiction over civil actions arising out of a single accident that results in the death or injury of 25 or more natural persons, provided the injury has resulted in damages which exceed $150,000 per person and minimal diversity of citizenship (as prescribed in this Act) exists. Directs the district court to abstain from hearing any such action in which: (1) the substantial majority of all plaintiffs are citizens of a single State of which the primary defendants are also citizens; and (2) the claims asserted will be governed primarily by the laws of that State. Permits any person with a claim arising from such an accident to intervene as a party plaintiff, even if that person could not have brought an action in district court as an original matter. Requires a federal district court in which such an action is pending to notify the judicial panel on multidistrict litigation. Authorizes venue for such action in any district in which a defendant resides or in which a substantial part of the accident occurred.Permits a district court to retain such actions for the determination of liability and punitive damages. Calls for remand of determinations of damages other than punitive damages, including the possibility of remand to State courts in which actions were originally filed, unless the Federal court finds that it would serve the convenience of parties and witnesses and the interests of justice to retain the action for the determination of such damages as well.Permits removal of actions which could have been brought in district court under the above provisions from State to U.S. district courts. Authorizes removal before trial within 30 days of a defendant's becoming a party to a suit under this Act, or at a later time with leave of the district court. Establishes a presumption in favor of discretionary remand to State courts for damages determinations after rulings on liability.Authorizes nationwide service of process and, upon a showing of good cause, nationwide service of subpoenas with regard to actions under this Act.

To amend title 28, United States Code, to allow a judge to whom a case is transferred to retain jurisdiction over certain multidistrict litigation cases for trial, and to provide for Federal jurisdiction of certain multiparty, multiforum civil actions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Nutritious Meals for Young Children Act of 2009''. TITLE I--INCREASING ACCESS TO NUTRITIOUS MEALS SEC. 101. CHILD AND ADULT CARE FOOD PROGRAM. (a) National Average Payment.-- (1) Lunches and suppers.--Section 17(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(c)) is amended-- (A) in paragraph (1), by striking ``the same as the national average payment rates for free lunches, reduced price lunches, and paid lunches, respectively, under sections 4 and 11 of this Act as appropriate'' and inserting ``$2.88 for free lunches and suppers, $2.48 for reduced price lunches and suppers, and 45 cents for paid lunches and suppers''; (B) in paragraph (2), by striking ``the same as the national average payment rates for free breakfasts, reduced price breakfasts, and paid breakfasts, respectively, under section 4(b) of the Child Nutrition Act of 1966'' and inserting ``$1.66 for free breakfasts, $1.36 for reduced price breakfasts, and 46 cents for paid breakfasts''; and (C) in paragraph (3)-- (i) by striking ``30 cents'' and inserting ``84 cents''; (ii) by striking ``one-half the rate for free supplements'' and inserting ``47 cents''; and (iii) by striking ``2.75 cents'' cents and inserting ``16 cents''. (b) A Third Meal Option.--Section 17(f)(2)(B) of the Richard B. Russell School Lunch Act (42 U.S.C. 1766(f)(2)(B)) is amended-- (1) by striking ``two meals'' and inserting ``3 meals''; (2) by striking ``2 meals'' and inserting ``3 meals''; and (3) by striking ``, for children that are maintained in a child care setting for eight or more hours per day''. (c) Reimbursement of Family or Group Day Care Home Sponsoring Organizations.--Section 17(f)(3) of the Richard B. Russell School Lunch Act (42 U.S.C. 1766(f)(3)) is amended-- (1) in subparagraph (A)-- (A) in clause (ii)-- (i) in subclause (I), by striking ``50 percent'' each place it appears in items (aa) and (bb) and inserting ``40 percent''; and (ii) in subclause (III), by striking ``the factors in effect on July 1, 1996'' and inserting ``$2.41 for lunches and suppers, $1.39 for breakfasts, and 76 cents for supplements''; and (B) in clause (iii)(I)-- (i) in item (aa), by striking ``95 cents for lunches and suppers, 27 cents for breakfasts, and 13 cents for supplements'' and inserting ``$1.53 for lunches and suppers, 64 cents for breakfasts, and 28 cents for supplements''; and (ii) in item (bb), by striking ``July 1, 1997'' and inserting ``July 1, 2010''; and (2) by striking subparagraph (B) and inserting the following: ``(B) Nutrition services and administrative funds.-- ``(i) In general.--Effective July 1, 2010 and in addition to the annual cost of living adjustment described in clause (iii), the Secretary shall raise the maximum allowable levels of the family or group day care home sponsoring organization monthly administrative reimbursement by $5 per home. ``(ii) Administration expenses.--In addition to the reimbursement described in clause (i), family or group day care home sponsoring organizations shall receive reimbursement for the administrative expenses of the family or group day care home sponsoring organizations in amounts not exceeding the maximum allowable levels prescribed by the Secretary. ``(iii) Adjustment.--The maximum allowable levels described in this subparagraph shall be adjusted on July 1 of each year to reflect changes in the Consumer Price Index for all items for the most recent 12-month period for which such data are available with the exception of any year for which application of the Consumer Price Index would result in a decrease in reimbursement rates.''. TITLE II--STREAMLINING AND SIMPLIFICATION OF PROGRAM AND PAPERWORK REQUIREMENTS SEC. 201. STREAMLINING AND SIMPLIFICATION OF PROGRAM AND PAPERWORK REQUIREMENTS. Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended by adding at the end the following: ``(u) Streamlining and Simplification of Program and Paperwork Requirements.--The Secretary shall improve the ability of the child and adult care food program to reach low-income families by streamlining program and paperwork requirements, including requirements for States, sponsoring organizations, child care providers, and parents.''.

Access to Nutritious Meals for Young Children Act of 2009 - Amends the the Richard B. Russell National School Lunch Act to increase reimbursement rates for free, reduced price, and paid meals and snacks served under the Child and Adult Care Food Program (CACFP) at nonresidential child care centers and family or group day care homes. Allows such providers to be reimbursed for the service of three meals and a snack. (Currently, reimbursement is provided for two meals and a snack.) Lowers the percentage of children or school children in an area that must be eligible for free or reduced price meals under the school lunch or breakfast programs to make family or group day care homes in the area eligible for higher CACFP reimbursement rates as tier I homes. Increases the maximum monthly administrative payment per home provided to sponsors of family or group day care homes. Directs the Secretary of Agriculture to improve the ability of the CACFP to reach low-income families by streamlining program and paperwork requirements.

A bill to amend the Richard B. Russell National School Lunch Act to improve access to nutritious meals for young children in child care.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Fire Administration Authorization Act for Fiscal Years 1998 and 1999''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 17(g)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216(g)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting a semicolon; and (3) by adding at the end the following: ``(G) $29,664,000 for the fiscal year ending September 30, 1998; and ``(H) $30,554,000 for the fiscal year ending September 30, 1999.''. SEC. 3. SUCCESSOR FIRE SAFETY STANDARDS. The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended-- (1) in section 29(a)(1), by inserting ``or any successor standard to that standard'' after ``Association Standard 74''; (2) in section 29(a)(2), by inserting ``, or any successor standard to that standard'' before ``, whichever is appropriate,''; (3) in section 29(b)(2), by inserting ``, or any successor standard to that standard'' after ``Association Standard 13 or 13- R''; (4) in section 31(c)(2)(B)(i), by inserting ``or any successor standard to that standard'' after ``Life Safety Code)''; and (5) in section 31(c)(2)(B)(ii), by inserting ``or any successor standard to that standard'' after ``Association Standard 101''. SEC. 4. TERMINATION OR PRIVATIZATION OF FUNCTIONS. (a) In General.--Not later than 60 days before the termination or transfer to a private sector person or entity of any significant function of the United States Fire Administration, as described in subsection (b), the Administrator of the United States Fire Administration shall transmit to Congress a report providing notice of that termination or transfer. (b) Covered Terminations and Transfers.--For purposes of subsection (a), a termination or transfer to a person or entity described in that subsection shall be considered to be a termination or transfer of a significant function of the United States Fire Administration if the termination or transfer-- (1) relates to a function of the Administration that requires the expenditure of more than 5 percent of the total amount of funds made available by appropriations to the Administration; or (2) involves the termination of more than 5 percent of the employees of the Administration. SEC. 5. NOTICE. (a) Major Reorganization Defined.--With respect to the United States Fire Administration, the term ``major reorganization'' means any reorganization of the Administration that involves the reassignment of more than 25 percent of the employees of the Administration. (b) Notice of Reprogramming.--If any funds appropriated pursuant to the amendments made by this Act are subject to a reprogramming action that requires notice to be provided to the Committees on Appropriations of the Senate and the House of Representatives, notice of that action shall concurrently be provided to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives. (c) Notice of Reorganization.--Not later than 15 days before any major reorganization of any program, project, or activity of the United States Fire Administration, the Administrator of the United States Fire Administration shall provide notice to the Committees on Science and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate. SEC. 6. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM. With the year 2000 rapidly approaching, it is the sense of Congress that the Administrator of the United States Fire Administration should-- (1) give high priority to correcting all 2-digit date-related problems in the computer systems of the United States Fire Administration to ensure that those systems continue to operate effectively in the year 2000 and in subsequent years; (2) as soon as practicable after the date of enactment of this Act, assess the extent of the risk to the operations of the United States Fire Administration posed by the problems referred to in paragraph (1), and plan and budget for achieving compliance for all of the mission-critical systems of the system by the year 2000; and (3) develop contingency plans for those systems that the United States Fire Administration is unable to correct by the year 2000. SEC. 7. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Fire Administration. (2) Educationally useful federal equipment.--The term ``educationally useful Federal equipment'' means computers and related peripheral tools and research equipment that is appropriate for use in schools. (3) School.--The term ``school'' means a public or private educational institution that serves any of the grades of kindergarten through grade 12. (b) Sense of Congress.-- (1) In general.--It is the sense of Congress that the Administrator should, to the greatest extent practicable and in a manner consistent with applicable Federal law (including Executive Order No. 12999), donate educationally useful Federal equipment to schools in order to enhance the science and mathematics programs of those schools. (2) Reports.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall prepare and submit to the President a report that meets the requirements of this paragraph. The President shall submit that report to Congress at the same time as the President submits a budget request to Congress under section 1105(a) of title 31, United States Code. (B) Contents of report.--The report prepared by the Administrator under this paragraph shall describe any donations of educationally useful Federal equipment to schools made during the period covered by the report. SEC. 8. REPORT TO CONGRESS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator of the United States Fire Administration (referred to in this section as the ``Administrator'') shall prepare and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives a report that meets the requirements of this section. (b) Contents of Report.--The report under this section shall-- (1) examine the risks to firefighters in suppressing fires caused by burning tires; (2) address any risks that are uniquely attributable to fires described in paragraph (1), including any risks relating to-- (A) exposure to toxic substances (as that term is defined by the Administrator); (B) personal protection; (C) the duration of those fires; and (D) site hazards associated with those fires; (3) identify any special training that may be necessary for firefighters to suppress those fires; and (4) assess how the training referred to in paragraph (3) may be provided by the United States Fire Administration. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

United States Fire Administration Authorization Act for Fiscal Years 1998 and 1999 - Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for FY 1998 and 1999. Permits successor fire safety standards to be used as guidelines in addition to National Fire Protection Association (NFPA) Standard 74, NFPA Standard 13 or 13-R, or NFPA Standard 101 (Life Safety Code) for installation of hard-wired, single-station smoke detectors or automatic sprinkler systems in: (1) places of public accommodation affecting commerce; and (2) federally-assisted buildings. Requires the Administrator of the U.S. Fire Administration to report to the Congress at least 60 days in advance on the termination or transfer to a private sector entity of any significant function of the Administration. Urges the Administrator to give high priority to correcting, assess the risk to operations posed by, plan and budget for, and develop contingency plans for date-related year 2000 problems in its computer systems. Expresses the sense of the Congress that the Administrator should donate educationally useful Federal equipment to schools in order to enhance science and mathematics programs. Requires the Administrator to report to the President on such action. Directs the Administrator to report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Science on: (1) risks to fire fighters in suppressing fires caused by burning tires; and (2) special training required to suppress such fires and how the training may be provided by the Administration.

United States Fire Administration Authorization Act for Fiscal Years 1998 and 1999

SECTION 1. CONTINUED USE OF 2009 MEDICARE PRACTICE EXPENSE RELATIVE VALUE UNITS FOR CERTAIN CARDIOLOGY SERVICES. Section 1848(c)(2) of the Social Security Act (42 U.S.C. 1395w- 4(c)(2)) is amended by adding at the end the following new subparagraph: ``(K) Continued use of 2009 practice expense relative value units for certain cardiology services.-- ``(i) In general.--Notwithstanding any other provision of law, including provisions contained in the final rule published in the Federal Register on November 25, 2009 (74 Fed. Reg. 61737), relating to CY 2010 relative value units, subject to clause (iii) and the second sentence of clause (iv), in determining the practice expense payment under this paragraph for services performed predominantly by cardiologists and furnished on or after January 1, 2010, the Secretary shall continue practice expense relative value units at the levels for CY 2009 for such services. For purposes of the previous sentence, the services performed predominantly by cardiologists include (as determined by the Secretary) cardiac monitoring services, services performed primarily for the diagnosis or treatment of heart disease, and other services at least 50 percent of which are performed under this part by cardiologists. ``(ii) Inclusion of specific cardiac codes.--In determining practice expense relative value units under this paragraph for myocardial perfusion imaging (CPT codes 78451- 78454) for services furnished on or after January 1, 2010, subject to clause (iii) and the second sentence of clause (iv), the Secretary shall use the 2009 practice expense relative value units for the previous codes that were combined to create such CPT codes. ``(iii) New cpt code implementation permitted.--Nothing in clause (i) or (ii) shall be construed to prevent new category I CPT codes related to cardiovascular computed tomography and cardiovascular magnetic resonance imaging, published in the rule referred to in clause (i), from taking effect on January 1, 2010. ``(iv) Study and report on practice expense methodology.--The Secretary, in consultation with medical specialty society stakeholders and other affected stakeholders, shall enter into a contract with an independent entity-- ``(I) to conduct a study of the practice expense methodology used to determine relative value units under this paragraph to determine whether the cost finding, indirect cost allocation, scaling, and budget neutrality methodologies used are consistent with generally accepted accounting principles, distribute the burden of any necessary budget neutrality adjustments proportionally among all physicians' services, comparison to other payment methodologies, and result in allowances that accurately reflect the relative direct and indirect resources involved in the provision of various physicians' services; and ``(II) to submit to the Secretary and Congress no later than January 1, 2011, a report on such study that includes recommendations for determining practice expense under this subsection. Upon completion of such study, the Secretary may adjust the practice expense relative value units described in clause (i) and the codes described in clause (ii) for services furnished on or after such date (not earlier than January 1, 2012) as the Secretary may specify. ``(v) No budget neutrality adjustment.--The Secretary shall not make any reduction in relative value units or other budget neutrality adjustments pursuant to the application of the previous provisions of this subparagraph.''.

Amends title XVIII (Medicare) of the Social Security Act to authorize continued use of 2009 Medicare practice expense relative value units for certain cardiology services. Directs the Secretary of Health and Human Services (HHS) to contract with an independent entity to study and report to Congress on the practice expense methodology used to determine relative value units under this Act to determine whether the cost finding, indirect cost allocation, scaling, and budget neutrality methodologies used: (1) are consistent with generally accepted accounting principles; (2) distribute the burden of any necessary budget neutrality adjustments proportionally among all physicians' services; and (3) result in allowances that accurately reflect the relative direct and indirect resources involved in the provision of various physicians' services.

To amend title XVIII of the Social Security Act to continue using 2009 Medicare practice expense relative value units for certain cardiology services.

SECTION 1. TREATMENT OF PENSION AND EMPLOYEE BENEFIT PLANS MAINTAINED BY TRIBAL GOVERNMENTS. (a) Amendments to the Internal Revenue Code of 1986.-- (1) Qualified public safety employee.--Section 72(t)(10)(B) of the Internal Revenue Code of 1986 (defining qualified public safety employee) is amended by-- (A) striking ``or political subdivision of a State'' and inserting ``, political subdivision of a State, or Indian tribe''; and (B) striking ``such State or political subdivision'' and inserting ``such State, political subdivision, or tribe''. (2) Governmental plan.--The last sentence of section 414(d) of such Code (defining governmental plan) is amended to read as follows: ``The term `governmental plan' includes a plan established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.''. (3) Domestic relations order.--Section 414(p)(1)(B)(ii) of such Code (defining domestic relations order) is amended by inserting ``or tribal'' after ``State''. (4) Exempt governmental deferred compensation plan.-- Section 3121(v)(3) of such Code (defining governmental deferred compensation plan) is amended by inserting ``by an Indian tribal government or subdivision thereof,'' after ``political subdivision thereof,''. (5) Grandfather of certain deferred compensation plans.-- Section 457 of the Internal Revenue Code is amended by adding at the end the following new subsection: ``(h) Certain Tribal Government Plans Grandfathered.--Plans established before the date of enactment of this subsection and maintained by an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing, in compliance with subsection (b) or (f) shall be treated as if established by an eligible employer under subsection (e)(1)(A).''. (b) Amendments to the Employee Retirement Income Security Act of 1974.-- (1) In general.--The last sentence of section 3(32) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(32)) is amended to read as follows: ``The term `governmental plan' includes a plan established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.''. (2) Domestic relations order.--Section 206(d)(3)(B)(ii)(II) of such Act (29 U.S.C. 1056(d)(3)(B)(ii)(II)) is amended by inserting ``or tribal'' after ``State''. (3) Conforming amendments.-- (A) Section 4021(b) of such Act (29 U.S.C. 1321(b)) is amended by striking ``or'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``; or'', and by inserting after paragraph (13) the following new paragraph: ``(14) established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.''. (B) Section 4021(b)(2) of such Act (29 U.S.C. 1321(b)(2)) is amended by striking ``, or which is described in the last sentence of section 3(32)'' and inserting a comma. (c) Effective Date.--The amendments made by this section shall apply to years beginning after the date of the enactment of this Act.

This bill amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to treat employee benefit or pension plans maintained by Indian tribes and domestic relations orders issued pursuant to tribal law in the same manner as plans maintained by states and domestic relations orders issued pursuant to state law.

A bill to amend the Internal Revenue Code of 1986 to improve the treatment of pension and employee benefit plans maintained by tribal governments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection Against Executive Compensation Abuse Act''. SEC. 2. ADDITIONAL EXECUTIVE COMPENSATION DISCLOSURES. (a) Amendment.--Section 16 of the Securities Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at the end the following new subsection: ``(i) Additional Executive Compensation Disclosures.-- ``(1) Compensation plan.-- ``(A) Annual statements and proxy materials.--Each issuer required to file an annual report under section 13(a) shall include in such annual report, and in any proxy solicitation materials accompanying a proxy solicitation on behalf of the management of the issuer in connection with an annual or other meeting of the holders of the securities of the issuer, a comprehensive statement of such issuer's compensation plan for the principal executive officers of the issuer. Such compensation plan shall include-- ``(i) any type of compensation (whether present, deferred, or contingent) paid or to be paid to such principal executive officers, including-- ``(I) an estimate of the present value of any accrued pension of such officers; ``(II) the estimated market value of any other benefits received by such officers; and ``(III) any agreements or understandings concerning any type of compensation; ``(ii) the short- and long-term performance measures that the issuer uses for determining the compensation of such principal executive officers and whether such measures were met by such officers during the preceding year; and ``(iii) the policy of the issuer adopted pursuant to the rules promulgated under paragraph (3). ``(B) Shareholder approval.--The proxy solicitation materials containing the statement required by subparagraph (A) shall require a separate shareholder vote to approve such compensation plan. ``(2) Shareholder approval of golden parachute compensation.--In any proxy solicitation material that concerns an acquisition, merger, consolidation, or proposed sale or other disposition of substantially all the assets of an issuer-- ``(A) the person making such solicitation shall disclose in the proxy solicitation material, in a clear and simple form in accordance with regulations of the Commission, any agreements or understandings that such person has with any principal executive officers of such issuer (or of the acquiring issuer, if such issuer is not the acquiring issuer) concerning any type of compensation (whether present, deferred, or contingent) that are based on or otherwise relate to the acquisition, merger, consolidation, sale, or other disposition; and ``(B) such proxy solicitation material shall require a separate shareholder vote to approve such agreements or understandings. ``(3) Return of certain compensation.--The Commission shall prescribe rules requiring each issuer to adopt a policy requiring the reimbursement by any principle executive officer to the issuer of any compensation received by such officer that is-- ``(A) not provided for in the compensation plan required by paragraph (1); ``(B) based on performance by the officer that does not meet the job performance measures identified in such statement; ``(C) incentive compensation or bonuses received by such officer within 18 months before any negative material restatement by the issuer; or ``(D) related to fraud or misrepresentation on the part of such officer. ``(4) Principal executive officer.--For purposes of this subsection, the term `principal executive officer' means-- ``(A) all individuals serving as the chief executive officer of an issuer, or acting in a similar capacity, during the most recent fiscal year, regardless of compensation level; and ``(B) for an issuer with total assets of-- ``(i) more than $250,000,000 but less than $500,000,000, the 2 most highly compensated executive officers, other than an individual identified under subparagraph (A), that were serving as executive officers of an issuer at the end of the most recent fiscal year; or ``(ii) more than $500,000,000, the 4 most highly compensated executive officers, other than an individual identified under subparagraph (A), that were serving as executive officers of an issuer at the end of the most recent fiscal year.''. (b) Deadline for Rulemaking.--Not later than 1 year after the date of the enactment of this Act, the Securities and Exchange Commission shall issue any final rules and regulations required by the amendments made by subsection (a). SEC. 3. CLEAR AND SIMPLE INTERNET DISCLOSURE. Section 16(a)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78p(a)(4)) is amended-- (1) in subparagraph (B), by inserting ``, in a clear, simple, and readily accessible format,'' after ``each such statement''; and (2) in subparagraph (C), by inserting ``, in a clear, simple, and readily accessible format,'' after ``that statement''.

Protection Against Executive Compensation Abuse Act - Amends the Securities Exchange Act of 1934 to set forth additional compensation disclosure requirements, including: (1) a comprehensive statement of the issuer's compensation plan for its principal executive officers; (2) any type of compensation (whether present, deferred, or contingent) paid or to be paid to such principal executive officers; (3) an estimate of the present value of any accrued pension of such officers; (4) the estimated market value of any other benefits received by such officers; (5) any agreements or understandings concerning compensation; and (6) the short- and long-term performance measures that the issuer uses for determining the compensation of such principal executive officers, and whether such measures were met by such officers during the preceding year. Requires a separate shareholder vote to approve such compensation plan. Requires proxy solicitation material concerning an acquisition, merger, consolidation, or proposed sale or other disposition of substantially all the assets of an issuer to disclose any agreements or understandings with any of its principal executive officers regarding any compensation (whether present, deferred, or contingent) based on or otherwise relating to the acquisition, merger, consolidation, sale, or other disposition (golden parachute compensation). Requires mandatory electronic filings to appear in a clear, simple, and readily accessible format.

To amend the Securities Exchange Act of 1934 to require additional disclosure to shareholders of executive compensation.

SECTION 1. EXEMPTION FOR STATE AND LOCAL CANDIDATE COMMITTEES FROM NOTIFICATION REQUIREMENTS. (a) Exemption From Notification Requirements.--Paragraph (5) of section 527(i) of the Internal Revenue Code of 1986 (relating to organizations must notify Secretary that they are section 527 organizations) is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by adding at the end the following: ``(C) which is a political committee of a State or local candidate.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the amendments made by Public Law 106- 230. SEC. 2. EXEMPTION FOR CERTAIN STATE AND LOCAL POLITICAL COMMITTEES FROM REPORTING AND ANNUAL RETURN REQUIREMENTS. (a) Exemption From Reporting Requirements.-- (1) In general.--Section 527(j)(5) of the Internal Revenue Code of 1986 (relating to coordination with other requirements) is amended by striking ``or'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, or'', and by adding at the end the following: ``(F) to any organization described in paragraph (7), but only if, during the calendar year-- ``(i) such organization is required by State or local law to report, and such organization reports, information regarding each separate expenditure and contribution (including information regarding the person who makes such contribution or receives such expenditure) with respect to which information would otherwise be required to be reported under this subsection, and ``(ii) such information is made public by the agency with which such information is filed and is publicly available for inspection in a manner similar to reports under section 6104(d)(1). An organization shall not be treated as failing to meet the requirements of subparagraph (F)(i) solely because the minimum amount of any expenditure or contribution required to be reported under State or local law is greater (but not by more than $100) than the minimum amount required under this subsection.''. (2) Description of organization.--Section 527(j) of such Code is amended by adding at the end the following: ``(7) Certain organizations.--An organization is described in this paragraph if-- ``(A) such organization is not described in subparagraph (A), (B), (C), or (D) of paragraph (5), ``(B) such organization does not engage in any exempt function activities other than activities for the purpose of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any State or local public office or office in a State or local political organization, and ``(C) no candidate for Federal office or individual holding Federal office-- ``(i) controls or materially participates in the direction of such organization, ``(ii) solicits any contributions to such organization, or ``(iii) directs, in whole or in part, any expenditure made by such organization.''. (b) Exemption From Requirements for Annual Return Based on Gross Receipts.--Paragraph (6) of section 6012(a) of the Internal Revenue Code of 1986 (relating to persons required to make returns of income) is amended by striking ``organization, which'' and all that follows through ``section)'' and inserting ``organization-- ``(A) which has political organization taxable income (within the meaning of section 527(c)(1)) for the taxable year, or ``(B) which-- ``(i) is not a political committee of a State or local candidate or an organization to which section 527 applies solely by reason of subsection (f)(1) of such section, and ``(ii) has gross receipts of-- ``(I) in the case of political organization described in section 527(j)(5)(F), $100,000 or more for the taxable year, and ``(II) in the case of any other political organization, $25,000 or more for the taxable year''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by Public Law 106-230. SEC. 3. NOTIFICATION OF INTERACTION OF REPORTING REQUIREMENTS. (a) In General.--The Secretary of the Treasury, in consultation with the Federal Election Commission, shall publicize-- (1) the effect of the amendments made by this Act, and (2) the interaction of requirements to file a notification or report under section 527 of the Internal Revenue Code of 1986 and reports under the Federal Election Campaign Act of 1971. (b) Information.--Information provided under subsection (a) shall be included in any appropriate form, instruction, notice, or other guidance issued to the public by the Secretary of the Treasury or the Federal Election Commission regarding reporting requirements of political organizations (as defined in section 527 of the Internal Revenue Code of 1986) or reporting requirements under the Federal Election Campaign Act of 1971. SEC. 4. WAIVER OF PENALTIES. (a) Waiver of Filing Penalties.--Section 527 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(k) Authority To Waive.--The Secretary may waive all or any portion of the-- ``(1) tax assessed on an organization by reason of the failure of the organization to give notice under subsection (i), or ``(2) penalty imposed under subsection (j) for a failure to file a report, on a showing that such failure was due to reasonable cause and not due to willful neglect.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to any tax assessed or penalty imposed after June 30, 2000.

Amends the Internal Revenue Code to: (1) exempt State and local candidate committees from specified notification requirements; (2) exempt State and local political committees from specified reporting and annual gross receipts-based return requirements; and (3) authorize the Secretary of the Treasury to waive certain related penalties.Directs the Secretary to publicize the effects of the amendments made by this Act.

A bill to amend section 527 of the Internal Revenue Code of 1986 to eliminate notification and return requirements for State and local candidate committees and avoid duplicate reporting by certain State and local political committees of information required to be reported and made publicly available under State law.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Automotive Products Export Reform Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) The economic and national security interests of the United States are enhanced when-- (A) the United States military has affordable and timely access to commercially-available automotive products and technologies, including products and technologies relating to safety, vehicle handling, and fuel efficiency; and (B) companies doing business in the United States can freely export commercially-available automotive products and technologies that would not make a significant contribution to the military potential of other countries, except to countries, organizations, and individuals that are subject to United States trade sanctions. (2) The economic and national security interests of the United States are not advanced by export control regulations that restrict the United States military's access to commercially-available automotive products and technologies that either-- (A) are widely available for use on non-military automotive vehicles; or (B) would not make a significant contribution to the military potential of other countries. (3) Current and proposed United States export control regulations result in unnecessary restrictions on commercially- available automotive products and technologies, including-- (A) the need to obtain a license from the Department of State or Department of Commerce before exporting commercially-available automotive products and technologies if modified even in insignificant ways for use on a military vehicle; and (B) the need to obtain a license from the Department of State or Department of Commerce before placing the specifications for such products on a computer system to which a foreign national worker has access. (4) None of the multilateral export control regimes of which the Unites States is a party requires the export restrictions that currently apply to commercially-available automotive products and technologies. (5) The unnecessary restrictions described in this section limit the ability of the United States military to procure commercially-available automotive products and technologies in a timely and affordable manner, adversely affect the safety and fuel economy of United States military vehicles, put the United States military at a comparative disadvantage against its adversaries, create barriers to job creation in the United States, burden taxpayers unnecessarily with increased costs for military vehicles and related parts and components, place unnecessary regulatory burdens on United States companies, and waste valuable licensing and enforcement resources on controlling the exportation of militarily insignificant products and technologies. SEC. 3. DEFINITIONS. In this Act: (1) Automotive products.--The term ``automotive products'' means parts, components, accessories, and attachments for automotive vehicles. (2) Automotive technologies.--The term ``automotive technologies'' means technologies relating to automotive products, including the information, concepts, specifications, schematics, formulas, methods, software and firmware, and techniques needed to manufacture, test, install, implement, operate, service, and repair commercially-available automotive products. (3) Automotive vehicles.--The term ``automotive vehicles'' means wheeled or tracked self-propelled land vehicles and trailers. (4) Commerce control list.--The term ``Commerce Control List'' means the list maintained under part 774 of title 15, Code of Federal Regulations. (5) Commercially-available automotive products and technologies.-- (A) In general.--The term ``commercially-available automotive products and technologies'' means commercially-available automotive products and commercially-available automotive technologies (as described in subparagraph (B)) for automotive vehicles that are used on one or more non-military automotive vehicles, including prototypes and concept vehicles, including any of the foregoing when subjected only to minor modifications (as described in subparagraph (C)). (B) Commercially-available automotive technologies described.--Commercially-available automotive technologies described in this subparagraph-- (i) shall include automotive technologies that are reasonably needed to ensure that commercially-available automotive products function properly on a military automotive vehicle, such as specifications and testing requirements necessary to supply the commercially-available automotive product for use on the military vehicle; and (ii) shall not include technologies that relate to weaponry, military armor, military threat detection systems, military reconnaissance or surveillance systems, military command control and communications systems, or location concealment (other than through sound reduction or application of paints or coatings not restricted for export under regulations administered by the Department of State or Department of Commerce). (C) Minor modifications described.--Minor modifications, with respect to commercially-available automotive products or commercially-available automotive technologies-- (i) shall mean modifications of the sort commonly made in the non-military automotive market, including-- (I) changes from British Imperial/ SAE sizes to metric sizes or vice versa; (II) moving an input or output from one location on an item to another; (III) changes to the mounting brackets, fastener locations, and other mounting characteristics of an item; (IV) changes to voltage requirements or output; (V) increases or decreases in size; (VI) changes to data values used by electronic parts (such as entering tire size into a speedometer assembly so that it can calculate speed); (VII) changes to the number or configuration of constituent items or technologies (such as changing the number of tires to be included in a tire pressure monitoring system from 18 to 6); (VIII) selection of a new combination of characteristics from existing options in the non-military automotive vehicle market even if the exact combination of characteristics has not been used before; and (IX) other changes that would not prevent a product or technology from being a commercial item (as such term is defined under the Federal Acquisition Regulation); and (ii) shall not include any modifications to products or technologies that constitute, control, or directly enhance automotive vehicle weaponry, military armor, military threat detection systems, military reconnaissance or surveillance systems, military command control and communications systems, or location concealment (other than through sound reduction or application of paints or coatings not restricted for export under regulations administered by the Department of State or Department of Commerce). (6) Export administration regulations.--The term ``Export Administration Regulations'' means-- (A) the Export Administration Regulations as maintained and amended under the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.; 15 C.F.R. parts 730-780); or (B) any successor regulations. (7) Technology.--The term ``technology'' has the meaning given the term in the Export Administration Regulations (15 C.F.R. 772). (8) United states munitions list.--The term ``United States Munitions List'' means the list referred to in section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)). SEC. 4. ISSUANCE OF PROPOSED REGULATIONS. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the President shall issue proposed regulations to remove from the United States Munitions List and Commerce Control List all commercially-available automotive products and technologies, whether listed in sections of such lists devoted specifically to automotive products and technologies or otherwise controlled by such lists. (b) Exception.--Subsection (a) shall not apply with respect to a commercially-available automotive product or technology if the President determines that the removal of such automotive product or technology from the United States Munitions List or Commerce Control List-- (1) would make a significant contribution to the military potential of another country; or (2) is contrary to the national security interests of the United States. (c) Report to Congress.--The President shall submit to Congress a report with respect to each determination of the President under subsection (b) not to remove from the United States Munitions List or Commerce Control List a commercially-available automotive product or technology. Each such report shall-- (1) demonstrate that the automotive product or technology has been defined as specifically and narrowly as possible; (2) estimate the anticipated costs and burdens that continuing regulation of the automotive product or technology will entail in terms of-- (A) decreased availability of the product or technology to the United States military; (B) increased cost of the product or technology to the United States military and taxpayers; (C) burdens to the modernization of the United States military's automotive vehicle fleet as compared with United States adversaries; and (D) the regulatory and enforcement costs associated with monitoring and enforcing such restrictions on the product or technology; and (3) state the reasons why the President did not use targeted trade sanctions imposed through regulation or executive order to achieve the objectives underlying the determination of the President under subsection (b) not to remove the automotive product or technology from the United States Munitions List or Commerce Control List. SEC. 5. ISSUANCE OF FINAL REGULATIONS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall issue final regulations to remove from the United States Munitions List and the Commerce Control List all commercially-available automotive products and technologies, whether listed in sections of such lists devoted specifically to automotive products and technologies or otherwise controlled by such lists. (b) Exception.--Subsection (a) shall not apply with respect to a commercially-available automotive product or technology that-- (1) is subject to a determination of the President under section 4(b) not to remove the automotive product or technology from the United States Munitions List or Commerce Control List; and (2) with respect to which the President has submitted to Congress a report under section 4(c). SEC. 6. ANNUAL REVIEW AND REMOVAL; REPORT. (a) Review and Removal.--To the extent that the President determines not to remove from the United States Munitions List or Commerce Control List a commercially-available automotive product or technology under section 5(b), whether listed in sections of such lists devoted specifically to automotive products and technologies or otherwise controlled by such lists, the President shall-- (1) on an annual basis, review such determination for purposes of-- (A) reaffirming the determination to ensure it continues to be accurate; or (B) reversing the determination if it is no longer accurate; and (2) not later than 90 days after the completion of a review and decision to reverse the determination under paragraph (1)(B), remove the automotive product or technology from the United States Munitions List or Commerce Control List. (b) Report.--To the extent that the President determines not to remove from the United States Munitions List or Commerce Control List a commercially-available automotive product or technology under section 5(b), whether listed in sections of such lists devoted specifically to automotive products and technologies or otherwise controlled by such lists, the President shall submit to Congress an annual report providing the information described in paragraphs (1), (2), and (3) of section 4(c) with respect to the automotive product or technology. SEC. 7. CLARIFICATION REGARDING TRADE SANCTIONS. Nothing in this Act shall be construed to require the President to revoke or alter any restrictions imposed on exports or reexports involving countries, organizations, or individuals who are subject to United States trade sanctions, whether imposed by regulation, executive order, or an Act of Congress.

Commercial Automotive Products Export Reform Act of 2012 - Directs the President to issue proposed regulations to remove from the United States Munitions List and Commerce Control List all commercially-available automotive products and technologies, whether listed in sections of such lists devoted specifically to automotive products and technologies or otherwise controlled by such lists. Sets forth related reporting requirements. Excludes from such provisions a commercially-available automotive product or technology that would make a significant contribution to the military potential of another country or is contrary to U.S. national security interests. Directs the President to issue final regulations to remove from such Lists all commercially-available automotive products and technologies, whether listed in sections of such lists devoted specifically to automotive products and technologies or otherwise controlled by such lists. Excludes from such provisions a commercially-available automotive product or technology that: (1) is subject to the presidential determination under this Act not to remove the product or technology from such Lists, and (2) with respect to which the presidential report required under this Act has been submitted to Congress. States that nothing in this Act shall be construed to require the President to revoke or alter any restrictions imposed on exports or reexports involving countries, organizations, or individuals that are subject to U.S. trade sanctions.

To reform United States export control restrictions relating to commercially-available automotive products and technologies, and for other purposes.

TITLE I--DRUG COURTS SEC. 101. GRANT AUTHORITY. The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for programs that involve-- (1) continuing judicial supervision over offenders with substance abuse problems who are not violent offenders; and (2) the integrated administration of other sanctions and services, which shall include-- (A) mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant; (B) substance abuse treatment for each participant; (C) diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress; and (D) programmatic, offender management, and aftercare services such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services. SEC. 102. ADMINISTRATION. (a) Consultation.--The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this title. (b) Use of Components.--The Attorney General may utilize any component or components of the Department of Justice in carrying out this title. (c) Regulatory Authority.--The Attorney General may issue regulations and guidelines necessary to carry out this title. (d) Applications.--In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this title shall-- (1) include a long-term strategy and detailed implementation plan; (2) explain the applicant's inability to fund the program adequately without Federal assistance; (3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available; (4) identify related governmental or community initiatives which complement or will be coordinated with the proposal; (5) certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementation of the program; (6) certify that participating offenders will be supervised by one or more designated judges with responsibility for the drug court program; (7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; and (8) describe the methodology that will be used in evaluating the program. SEC. 103. APPLICATIONS. To request funds under this title, the chief executive or the chief justice of a State or the chief executive or chief judge of a unit of local government or Indian tribal government shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. SEC. 104. FEDERAL SHARE. The Federal share of a grant made under this title may not exceed 75 percent of the total costs of the program described in the application submitted under section 103 for the fiscal year for which the program receives assistance under this title, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. In-kind contributions may constitute a portion of the non-Federal share of a grant. SEC. 105. GEOGRAPHIC DISTRIBUTION. The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made. SEC. 106. REPORT. A State, Indian tribal government, or unit of local government that receives funds under this title during a fiscal year shall submit to the Attorney General a report in March of the following year regarding the effectiveness of this title. SEC. 107. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION. (a) Technical Assistance and Training.--The Attorney General may provide technical assistance and training in furtherance of the purposes of this title. (b) Evaluations.--In addition to any evaluation requirements that may be prescribed for grantees, the Attorney General may carry out or make arrangements for evaluations of programs that receive support under this title. (c) Administration.--The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities. SEC. 108. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this title, there are authorized to be appropriated $200,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 through 2002. TITLE II--YOUTH COURTS SEC. 201. YOUTH COURTS. From amounts appropriated under section 202, the Attorney General shall carry out a program in accordance with title I, except as follows: (1) The program under this title shall be carried out only with respect to individuals who are under the age of 21 (individually referred to in this section as a ``youth''). (2) A youth may participate in the program only if a parent or other legal guardian of the youth participates in the program. SEC. 202. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out section 201, there are authorized to be appropriated $50,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 through 2002.

TABLE OF CONTENTS: Title I: Drug Courts Title II: Youth Courts Title I: Drug Courts - Authorizes the Attorney General to make grants to States, State and local courts, units of local government, and Indian tribal governments for programs that involve: (1) continuing judicial supervision over offenders with substance abuse problems who are not violent offenders; and (2) the integrated administration of other sanctions and services, which shall include mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant. Sets forth requirements regarding grant applications, the Federal grant share of program costs, geographic distribution of grant awards, reporting requirements, and technical assistance, training, and evaluation. Authorizes appropriations. Title II: Youth Courts - Directs the Attorney General to carry out a program in accordance with title I specifically for individuals who are under age 21. Permits a youth to participate in the program under this title only if a parent or other legal guardian participates. Authorizes appropriations.

To provide for programs that involve continuing judicial supervision over offenders with substance abuse problems who are not violent offenders.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Endangered Species Habitat Protection Act of 1997''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Enhanced deduction for the denotation of a conservation easement. Sec. 4. Exclusion from estate for real property subject to endangered species conservation agreement. Sec. 5. Income tax incentives to preserve land to protect endangered species. SEC. 2. FINDINGS. The Senate finds and declares the following: (1) The majority of American property owners recognize the importance of protecting the environment, including the habitat upon which endangered and threatened species depend. (2) Current Federal tax laws discourage placement of privately held lands into endangered and threatened species conservation agreements. (3) The Federal Government should assist landowners in the goal of conserving endangered and threatened species and their habitat. (4) If the environment is to be protected and preserved, existing Federal tax laws must be modified or changed to provide tax incentives to landowners to attain the goal of conservation of endangered and threatened species and the habitats they depend upon. SEC. 3. ENHANCED DEDUCTION FOR THE DONATION OF A CONSERVATION EASEMENT. (a) In General.--Subparagraph (A) of section 170(h)(4) of the Internal Revenue Code of 1986 (defining conservation purpose) is amended by striking ``or'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, or'', and by adding at the end the following new clause: ``(v) the protection of a designated as endangered or threatened species, species proposed for listing and candidate species by the Secretary of the Interior or the Secretary of Commerce.'' (b) Enhanced Valuation.--Section 170(h) of the Internal Revenue Code of 1986 (defining qualified conservation contribution) is amended by adding at the end the following new paragraph: ``(7) Enhanced valuation of property with endangered species and other species.--For purposes of this section, the valuation of a perpetual restriction granted to the Secretary of the Interior or the Secretary of Commerce or to a State agency implementing an endangered species program for the purpose described in paragraph (4)(A)(iii) shall be made by comparing the value of the property after the restriction is granted with the value of that same property without either the encumbrance of such restriction or any of the restrictions placed on such property by the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).'' (c) Effective Date.--The amendments made by this section shall apply to contributions made after the date of the enactment of this Act. SEC. 4. EXCLUSION FROM ESTATE FOR REAL PROPERTY SUBJECT TO ENDANGERED SPECIES CONSERVATION AGREEMENT. (a) In General.--Part IV of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to taxable estate) is amended by adding at the end the following new section: ``SEC. 2057. CERTAIN REAL PROPERTY SUBJECT TO ENDANGERED SPECIES CONSERVATION AGREEMENT. ``(a) General Rule.--For purposes of the tax imposed by section 2001, the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to the adjusted value of real property included in the gross estate which is subject to an endangered species conservation agreement. ``(b) Property Subject to an Endangered Species Conservation Agreement.--For purposes of this section-- ``(1) In general.--Real property shall be treated as subject to an endangered species conservation agreement if-- ``(A) each person who has an interest in such property (whether or not in possession) has entered into-- ``(i) an endangered species conservation agreement with respect to such property, and ``(ii) a written agreement with the Secretary consenting to the application of subsection (d), and ``(B) the executor of the decedent's estate-- ``(i) elects the application of this section, and ``(ii) files with the Secretary such endangered species conservation agreement. ``(2) Adjusted Value.--The adjusted value of any real property shall be its value for purposes of this chapter, reduced by any amount deductible under section 2053(a)(4) with respect to the property. ``(c) Endangered Species Conservation Agreement.--For purposes of this section-- ``(1) In general.--The term `endangered species conservation agreement' means a written agreement entered into with the Secretary of the Interior or the Secretary of Commerce-- ``(A) which commits each person who signed such agreement to carry out on the real property activities or practices not otherwise required by law or to refrain from carrying out on such property activities or practices that could otherwise be lawfully carried out, ``(B) which is certified by such Secretary as assisting in the conservation of any species which is-- ``(i) designated by such Secretary as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), ``(ii) proposed for such designation, or ``(iii) officially identified by such Secretary as a candidate for possible future protection as an endangered or threatened species. ``(2) Annual certification to the secretary by the secretary of the interior or the secretary of commerce of the status of endangered species conservation agreements.--If the executor elects the application of this section, the executor shall promptly give written notice of such election to the Secretary of the Interior or the Secretary of Commerce. The Secretary of the Interior or the Secretary of Commerce shall thereafter annually certify to the Secretary that the endangered species conservation agreement applicable to any property for which such election has been made remains in effect and is being satisfactorily complied with. ``(d) Recapture of Tax Benefit in Certain Cases.-- ``(1) Disposition of interest or material breach.-- ``(A) In general.--Except as provided in subparagraph (C), an additional tax in the amount determined under subparagraph (B) shall be imposed on any person on the earlier of-- ``(i) the disposition by such person of any interest in property subject to an endangered species conservation agreement (other than a disposition described in subparagraph (C)), ``(ii) the failure by such person to comply with the terms of the endangered species conservation agreement, or ``(iii) the termination of the endangered species conservation agreement. ``(B) Amount of additional tax.--The amount of the additional tax imposed by subparagraph (A) shall be an amount that bears the same ratio of the fair market value of the real property at the time of the event described in subparagraph (A) to the ratio of the amount by which the estate tax liability was reduced by virtue of this section bore to the fair market value of such property at the time the executor filed the agreement under subsection (b)(1). For purposes of this subparagraph, the term `estate tax liability' means the tax imposed by section 2001 reduced by the credits allowable against such tax. ``(C) Exception if transferee assumes obligations of transferor.--Subparagraph (A)(i) shall not apply if the transferor and the transferee of the property enter into a written agreement pursuant to which the transferee agrees-- ``(i) to assume the obligations imposed on the transferor under the endangered species conservation agreement, ``(ii) to assume personal liability for any tax imposed under subparagraph (A) with respect to any future event described in subparagraph (A), and ``(iii) to notify the Secretary of the Treasury and the Secretary of the Interior to the Secretary of Commerce that the transferee has assumed such obligations and liability. If a transferee enters into an agreement described in clauses (i), (ii), and (iii), such transferee shall be treated as signatory to the endangered species conservation agreement the transferor entered into. ``(2) Due date of additional tax.--The additional tax imposed by paragraph (1) shall become due and payable on the day that is 6 months after the date of the disposition referred to in paragraph (1)(A)(i) or, in the case of an event described in clause (ii) or (iii) of paragraph (1)(A), on April 15 of the calendar year following any year in which the Secretary of the Interior or the Secretary of Commerce fails to provide the certification required under subsection (c)(2). ``(e) Statute of Limitations.--If a taxpayer incurs a tax liability pursuant to subsection (d)(1)(A), then-- ``(1) the statutory period for the assessment of any additional tax imposed by subsection (d)(1)(A) shall not expire before the expiration of 3 years from the date the Secretary is notified (in such manner as the Secretary may by regulation prescribe) of the incurring of such tax liability, and ``(2) such additional tax may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law that would otherwise prevent such assessment. ``(f) Election and Filing of Agreement.--The election under this section shall be made on the return of the tax imposed by section 2001. Such election, and the filing under subsection (a) of an endangered species conservation agreement, shall be made in such manner as the Secretary shall by regulation provide. ``(g) Application of This Section to Interests in Partnerships, Corporations, and Trusts.--The Secretary shall prescribe regulations setting forth the application of this section in the case of an interest in a partnership, corporation, or trust which, with respect to a decedent, is an interest in a closely held business (within the meaning of paragraph (1) of section 6166(b)). For purposes of the preceding sentence, an interest in a discretionary trust all the beneficiaries of which are heirs of the decedent shall be treated as a present interest.'' ``(h) Clerical Amendment.--The table of sections for part IV of subchapter A of chapter 11 of the Internal Revenue Code of 1986 is amended by adding at the end of the following new item: ``Sec. 2057. Certain real property subject to endangered species conservation agreement.'' ``(i) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act. SEC. 5 INCOME TAX INCENTIVES TO PRESERVE LAND TO PROTECT ENDANGERED SPECIES. EXCLUSION OF 75 PERCENT OF GAIN ON SALES OF LAND TO CERTAIN PERSONS FOR THE PROTECTION OF HABITAT. (a) In general.--Part I of subchapter P of chapter 1 (relating to treatment of capital gains) is amended by adding at the end the following new section: ``SEC 1203. 75 PERCENT EXCLUSION FOR GAIN ON SALES OF LAND TO CERTAIN PERSONS FOR THE PROTECTION OF HABITAT. ``(a) Exclusion.--Gross income shall not include 75 percent of any gain from the sale of any land to a conservation purchaser if-- ``(1) such land was owned by the taxpayer or a member of the taxpayer's family (as defined in section 2032A(e)(2)) at all times during the 3-year period ending on the date of the sale, and ``(2) such land is being acquired by a conservation purchaser for the purpose of protecting the habitat of endangered and threatened species, species proposed for listing and candidate species. ``(b) Conservation Purchaser.--For purposes of this section, the term `conservation purchaser' means-- ``(1) any agency of the United States or of any State or local government, and ``(2) any qualified organization.

Endangered Species Habitat Protection Act of 1997 - Amends the Internal Revenue Code to provide for a deduction for the donation of property as a conservation easement. Provides for the valuation of the property. Requires that the value of a taxable estate be determined by deducting from the value of the gross estate an amount equal to the adjusted value of real property included in the gross estate which is subject to an endangered species conservation agreement. Provides for recapture in certain cases. Excludes from gross income 75 percent of any gain from the sale of any land to a conservation purchaser if certain requirements are met. Defines "conservation purchaser" as: (1) any agency of the United States or of any State or local government; and (2) any qualified organization.

Endangered Species Habitat Protection Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wireless Eavesdropping Protection Act of 2000''. SEC. 2. COMMERCE IN ELECTRONIC EAVESDROPPING DEVICES. (a) Prohibition on Modification.--Section 302(b) of the Communications Act of 1934 (47 U.S.C. 302a(b)) is amended by inserting before the period at the end thereof the following: ``, or modify any such device, equipment, or system in any manner that causes such device, equipment, or system to fail to comply with such regulations''. (b) Prohibition on Commerce in Scanning Receivers.--Section 302(d) of such Act (47 U.S.C. 302a(d)) is amended to read as follows: ``(d) Equipment Authorization Regulations.-- ``(1) Privacy protections required.--The Commission shall prescribe regulations, and review and revise such regulations as necessary in response to subsequent changes in technology or behavior, denying equipment authorization (under part 15 of title 47, Code of Federal Regulations, or any other part of that title) for any scanning receiver that is capable of-- ``(A) receiving transmissions in the frequencies that are allocated to the domestic cellular radio telecommunications service or the personal communications service; ``(B) readily being altered to receive transmissions in such frequencies; ``(C) being equipped with decoders that-- ``(i) convert digital domestic cellular radio telecommunications service, personal communications service, or protected specialized mobile radio service transmissions to analog voice audio; or ``(ii) convert protected paging service transmissions to alphanumeric text; or ``(D) being equipped with devices that otherwise decode encrypted radio transmissions for the purposes of unauthorized interception. ``(2) Privacy protections for shared frequencies.--The Commission shall, with respect to scanning receivers capable of receiving transmissions in frequencies that are used by commercial mobile services and that are shared by public safety users, examine methods, and may prescribe such regulations as may be necessary, to enhance the privacy of users of such frequencies. ``(3) Tampering prevention.--In prescribing regulations pursuant to paragraph (1), the Commission shall consider defining `capable of readily being altered' to require scanning receivers to be manufactured in a manner that effectively precludes alteration of equipment features and functions as necessary to prevent commerce in devices that may be used unlawfully to intercept or divulge radio communication. ``(4) Warning labels.--In prescribing regulations under paragraph (1), the Commission shall consider requiring labels on scanning receivers warning of the prohibitions in Federal law on intentionally intercepting or divulging radio communications. ``(5) Definition.--As used in this subsection, the term `protected' means secured by an electronic method that is not published or disclosed except to authorized users, as further defined by Commission regulation.''. (c) Implementing Regulations.--Not later than 90 days after the date of the enactment of this Act, the Federal Communications Commission shall prescribe amendments to its regulations for the purposes of implementing the amendments made by this section. SEC. 3. UNAUTHORIZED INTERCEPTION OR PUBLICATION OF COMMUNICATIONS. Section 705 of the Communications Act of 1934 (47 U.S.C. 605) is amended-- (1) in the heading of such section, by inserting ``interception or'' after ``unauthorized''; (2) in the first sentence of subsection (a), by striking ``Except as authorized by chapter 119, title 18, United States Code, no person'' and inserting ``No person''; (3) in the second sentence of subsection (a)-- (A) by inserting ``intentionally'' before ``intercept''; and (B) by striking ``communication and divulge'' and inserting ``communication, and no person having intercepted such a communication shall intentionally divulge''; (4) in the fourth sentence of subsection (a)-- (A) by inserting ``(A)'' after ``intercepted, shall''; and (B) by striking ``thereof) or'' and inserting ``thereof); or (B)''; (5) by striking the last sentence of subsection (a) and inserting the following: ``Nothing in this subsection prohibits an interception or disclosure of a communication as authorized by chapter 119 of title 18, United States Code.''; and (6) in subsection (e)-- (A) in paragraph (1)-- (i) by striking ``fined not more than $2,000 or''; and (ii) by inserting ``or fined under title 18, United States Code,'' after ``6 months,''; (B) in paragraph (3), by striking ``any violation'' and inserting ``any receipt, interception, divulgence, publication, or utilization of any communication in violation''; (C) in paragraph (4), by striking ``any other activity prohibited by subsection (a)'' and inserting ``any receipt, interception, divulgence, publication, or utilization of any communication in violation of subsection (a)''; and (D) by adding at the end the following new paragraph: ``(7) Notwithstanding any other investigative or enforcement activities of any other Federal agency, the Commission shall investigate alleged violations of this section and may proceed to initiate action under section 503 to impose forfeiture penalties with respect to such violation upon conclusion of the Commission's investigation.''.

Directs the FCC, with respect to scanning receivers capable of receiving transmissions in frequencies used by commercial mobile services and that are shared by public safety users, to examine methods and prescribe regulations to enhance the privacy of users of such frequencies. Requires tampering prevention measures and warning labels to be considered by the FCC in prescribing such regulations. Applies penalties for the unauthorized publication or use of electronic communications to the unauthorized receipt, intentional interception, or intentional divulgence of any such communication. Directs the FCC to investigate alleged violations and proceed to initiate action to impose forfeiture penalties.

Wireless Eavesdropping Protection Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Long-Term Care Hospital Improvement Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Long-term care hospitals (in this Act referred to as ``LTCHs'') serve a valuable role in the post-acute care continuum by providing care to medically complex patients needing long hospital stays. (2) The Medicare program should ensure that patients receive post-acute care in the most appropriate setting. The use of additional certification criteria for LTCHs, including facility and patient criteria, will promote the appropriate placement of severely ill patients into LTCHs. Further, patient admission, continued stay, and discharge screening tools can guide appropriate patient placement. (3) Measuring and reporting on quality of care is an important function of any Medicare provider and a national quality initiative for LTCHs should be similar to short-term general acute care hospitals in the Medicare program. (4) To conform the prospective payment system for LTCHs with certain aspects of the prospective payment system for short-term general acute care hospitals and promote payment stability, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') should-- (A) perform an annual market basket update; (B) conduct the long term care diagnosis related groups (in this Act referred to as ``LTCDRGs'') reweighting and wage level adjustments in a budget neutral manner each year; (C) not perform a proposed one-time budget neutrality adjustment; and (D) not extend the 25-percent limitation on reimbursement of co-located hospital patient admissions to freestanding LTCHs. (5) LTCHs co-located with another hospital in underserved areas, including rural areas and areas with an urban single or MSA dominant hospital, should be afforded greater relief from the 50 percent limitation on reimbursement of co-located hospital patient admissions. SEC. 3. NEW DEFINITION OF A LONG-TERM CARE HOSPITAL WITH FACILITY AND PATIENT CRITERIA. (a) Definition.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Long-Term Care Hospital ``(ccc) The term `long-term care hospital' means an institution which--'' ``(1) is primarily engaged in providing, by or under the supervision of physicians, to medically complex inpatients needing long hospital stays-- ``(A) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons; or ``(B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons; ``(2) has an average inpatient length of stay (as determined by the Secretary) for beneficiaries under this title of greater than 25 days, or as otherwise defined in section 1886(d)(1)(B)(iv); ``(3) satisfies the requirements of paragraphs (2) through (9) of subsection (e); ``(4) meets the following additional facility criteria: ``(A) the institution has a patient review process, documented in the patient medical record, that screens patients prior to admission, validates within 48 hours of admission that patients meet admission criteria, regularly evaluates patients throughout their stay, and assesses the available discharge options when patients no longer meet the continued stay criteria; ``(B) the institution applies a standard patient screening tool, as determined by the Secretary, that is a valid clinical tool appropriate for this level of care, uniformly used by all long-term care hospitals, to measure the severity of illness and intensity of service requirements for patients for the purposes of making admission, continuing stay, and discharge medical necessity determinations taking into account the medical judgment of the patient's physician, as provided for under sections 1814(a)(3) and 1835(a)(2)(B); ``(C) the institution has active physician involvement with patients during their treatment through an organized medical staff, physician review of patient progress on a daily basis, and consulting physicians on call and capable of being at the patient's side within a moderate period of time, as determined by the Secretary; ``(D) the institution has interdisciplinary team treatment for patients, requiring interdisciplinary teams of health care professionals, including physicians, to prepare and carry out an individualized treatment plan for each patient; and ``(E) the institution maintains adequate staffing levels of licensed health care professionals, as determined by the Secretary, to ensure that long-term care hospitals provide the intensive level of care that is sufficient to meet the needs of medically complex patients needing long hospital stays; and ``(5) meets patient criteria relating to patient mix and severity appropriate to the medically complex cases that long- term care hospitals are uniquely designed to treat, as measured under section 1886(m).''. (b) New Patient Criteria for Long-Term Care Hospital Prospective Payment.--Section 1886 of such Act (42 U.S.C. 1395ww) is amended by adding at the end the following new subsection: ``(m) Patient Criteria for Prospective Payment to Long-Term Care Hospitals.-- ``(1) In general.--To be eligible for prospective payment as a long-term care hospital, a majority of the total number of patients entitled to benefits under part A who are discharged from a long-term care hospital must be medically complex patients admitted with a high severity of illness, as that term is defined by the Secretary for payment purposes, with 1 or more enumerated medical conditions specified in paragraph (2). ``(2) Medically complex medical conditions.--The Secretary shall determine a list of medical conditions associated with a high severity of illness of patients who are appropriate for treatment in long-term care hospitals, as indicated by the presence of clinical comorbidities in accordance with a methodology specified by the Secretary. Such list shall include the following medical conditions: ``(A) Circulatory conditions. ``(B) Digestive, endocrine, and metabolic conditions. ``(C) Infectious disease. ``(D) Neurological conditions. ``(E) Renal conditions. ``(F) Respiratory conditions. ``(G) Skin conditions. ``(H) Other medically complex conditions as defined by the Secretary.''. (c) Negotiated Rulemaking to Develop LTCH Facility and Patient Criteria.--The Secretary shall promulgate regulations to carry out the amendments made by this section on an expedited basis and using a negotiated rulemaking process under subchapter III of chapter 5 of title 5, United States Code. (d) Effective Date.--The amendments made by this section shall apply to discharges occurring on or after October 1, 2007. SEC. 4. LTCH QUALITY IMPROVEMENT INITIATIVE. (a) Study To Establish Quality Measures.--The Secretary shall conduct a study (in this section referred to as the ``study'') to determine appropriate quality measures for Medicare beneficiaries receiving care in LTCHs. (b) Report.--Not later than October 1, 2007, the Secretary shall submit to Congress a report on the results of the study. (c) Selection of Quality Measures.--Subject to subsection (e), the Secretary shall choose 3 quality measures from the study to be reported by LTCHs. (d) Requirement for Submission of Data.-- (1) In general.--LTCHs shall-- (A) collect data on the 3 quality measures chosen under subsection (c); and (B) submit all required quality data to the Secretary. (2) Failure to submit data.--Any LTCH which does not submit the required quality data to the Secretary in any fiscal year shall have the applicable LTCH market basket under section 1886 reduced by not more than 0.4 percent for such year. (e) Expansion of Quality Measures.--The Secretary may expand the number of quality indicators required to be reported by LTCHs under the study. If the Secretary adds other measures, the measures shall reflect consensus among the affected parties. The Secretary may replace any measures in appropriate cases, such as where all hospitals are effectively in compliance or where measures have been shown not to represent the best clinical practice. (f) Availability of Data to Public.--The Secretary shall establish procedures for making the quality data submitted under this section available to the public. SEC. 5. CONFORMING LTCH PPS UPDATES TO THE INPATIENT PPS. (a) Requiring Annual Updates of Base Rates and Wage Indices and Annual Updates and Reweighting of LTCDRGs.-- (1) In general.--The second sentence of section 307(b)(1) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-496), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by inserting before the period at the end the following: ``, and shall provide (consistent with updating and reweighting provided for subsection (d) hospitals under paragraphs (2)(B)(ii), (3)(D)(iii), and (3)(E) of section 1886 of the Social Security Act) for an annual update under such system in payment rates, in the wage indices (in a budget neutral manner), and in the classification and reweighting (in a budget neutral manner) of the diagnosis-related groups applied under such system''. (2) Application.--Pursuant to the amendment made by paragraph (1), the Secretary shall provide annual updates to the LTCH base rate, as is specified for the inpatient hospital prospective payment system under section 1886(d)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395ww(d)(2)(B)(ii)). The Secretary shall annually update and reweight the LTCDRGs under section 307(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 or an alternative patient classification system in a budget neutral manner, consistent with such updating and reweighting applied under section 1886(d)(3)(D)(iii) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(D)(iii)). The Secretary shall annually update wage levels for LTCHs in a budget neutral manner, consistent with such annual updating applied under section 1886(d)(3)(E) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)). (b) Elimination of One-Time Budget Neutrality Adjustment.--The Secretary shall not make a one-time prospective adjustment to the LTCH prospective payment system rates under section 412.523(d)(3) of title 42, Code of Federal Regulations, or otherwise conduct any budget neutrality adjustment to address such rates, during the transition period specified in section 412.533 of such title from cost-based payment to the prospective payment system for LTCHs. (c) No Application of 25 Percent Patient Threshold Payment Adjustment to Freestanding LTCHs.--The Secretary shall not extend the 25 percent (or applicable percentage) patient threshold payment adjustment under section 412.534 of title 42, Code of Federal Regulations, or any similar provision, to freestanding LTCHs. SEC. 6. RELIEF FOR CERTAIN LONG-TERM CARE HOSPITALS AND SATELLITE FACILITIES THAT ARE CO-LOCATED WITH OTHER HOSPITALS. (a) Urban Single and MSA Dominant Hospitals.--The Secretary shall permit up to 75 percent of the discharged Medicare impatient population of an applicable hospital to be admitted from a co-located urban single or co-located MSA dominant hospital (as defined in section 412.534(e)(4) of title 42, Code of Federal Regulations) without adjustment to the hospital's LTCH prospective payment system payment in the manner described in section 412.534(e) of such title. (b) Rural Hospitals.--The Secretary shall permit up to 75 percent of the discharged Medicare impatient population of an applicable hospital which is located in a rural area (as defined in section 412.64(b)(1)(ii)(C) of title 42, Code of Federal Regulations) to be admitted from a co-located hospital without adjustment to the hospital's LTCH prospective payment system payment in the manner described in section 412.534(d) of such title. (c) Applicable Long-Term Care Hospital Defined.--In this section, the term ``applicable long-term care hospital'' means-- (1) a long-term care hospital that meets the criteria in section 412.22(e) of title 42, Code of Federal Regulations; and (2) a satellite facility of a long-term care hospital that meet the criteria in section 412.22(h) of such title.

Medicare Long-Term Care Hospital Improvement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to prescribe requirements for a long-term care hospital (LTCH) and patient criteria for prospective payment to an LTCH. Directs the Secretary of Health and Human Services to: (1) determine a list of medical conditions associated with a high severity of illness of patients who are appropriate for treatment in long-term care hospitals, as indicated by the presence of clinical comorbidities in accordance with a methodology specified by the Secretary; and (2) study and report to Congress on appropriate quality measures for Medicare beneficiaries receiving care in LTCHs. Directs the Secretary to choose three quality measures from the study for LTCHs to report. Amends the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 to require annual updates of LTCH base rates and wage indices and the reweighting of LTCH-DRGs. Prohibits the Secretary from extending application of the 25% (or applicable percentage) patient threshold payment adjustment to freestanding LTCHs. Directs the Secretary to permit up to 75% of the discharged Medicare inpatient population: (1) of an applicable hospital to be admitted from a co-located urban single or co-located MSA dominant hospital without adjustment to the hospital's LTCH prospective payment system payment in a specified manner; and (2) of an applicable hospital located in a rural area to be admitted from a co-located hospital without such an adjustment, either.

A bill to amend title XVIII of the Social Security Act to ensure and foster continued patient quality of care by establishing facility and patient criteria for long-term care hospitals and related improvements under the Medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Peace Officers Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Thousands of fugitives have fled to Mexico to escape prosecution in the United States, including individuals accused of murdering peace officers. (2) The United States should use all reasonable tools available to encourage foreign countries to change their extradition policies so that the possibility of capital punishment or life imprisonment will not interfere with the timely extradition of fugitives of the United States. (3) Under Federal law, it is a crime to kill a Federal peace officer or State or local officers engaged in a Federal investigation. (4) Murdering a State or local peace officer and fleeing the country to avoid prosecution should also be a Federal crime with the same penalties as the murder of a Federal officer. (5) State and local prosecutors are the best equipped prosecutors to prosecute crimes against local and State peace officers. (6) Cases involving the murder of local and State peace officers and subsequent flight to avoid prosecution in the United States implicate Federal interests, and by providing Federal jurisdiction in such cases the Federal Government will be able to provide additional investigatory and prosecutorial resources. SEC. 3. ESTABLISHMENT OF FEDERAL CRIME FOR KILLING PEACE OFFICERS AND TRAVELING IN FOREIGN COMMERCE. (a) Federal Crime Relating to Peace Officers.--Section 1121 of title 18, United States Code, is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: ``(c)(1) Whoever murders a peace officer engaged in, or on account of the performance of, the official duties of such officer, and moves or travels in foreign commerce with intent to avoid prosecution or confinement after conviction of that crime-- ``(A) in the case of murder in the first degree, shall be punished by death or by imprisonment for life (in accordance with section 1111(b)); and ``(B) in the case of murder in the second degree, shall be imprisoned for not less than 30 years (notwithstanding section 1111(a)) or for life. ``(2) Whoever, under section 3, is an accessory after the fact with respect to a violation of paragraph (1) shall be imprisoned for not less than 15 years. ``(3) Notwithstanding any other provision of law, a term of imprisonment imposed under this subsection shall be consecutive to any other sentence of imprisonment imposed by a Federal or State court or by a court of a foreign state. ``(4) Violations of this section may be prosecuted only after formal approval in writing, upon consultation with the appropriate State or local prosecutor, by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or an Assistant Attorney General of the United States, which function of approving prosecutions may not be delegated. ``(5) As used in this subsection, the term `peace officer' means any officer of the United States, a State, or a political subdivision of a State who is empowered by law to conduct investigations of or to make arrests for offenses against the United States, the State, or the political subdivision.''. (b) Clerical Amendments.-- (1) The heading for section 1121 of title 18, United States Code, is amended to read as follows: ``Sec. 1121. Killing persons aiding Federal investigations, killing State correctional officers, and killing peace officers''. (2) The item relating to section 1121 in the table of sections for chapter 51 of such title is amended to read as follows: ``1121. Killing persons aiding Federal investigations, killing State correctional officers, and killing peace officers.''. (c) Rule of Construction.--None of the amendments made by this section shall be construed as altering, limiting, or otherwise affecting-- (1) the jurisdiction of a State over the investigation or prosecution of a State crime that is based on the same facts or elements of a crime described in section 1121(c) of title 18, United States Code, as amended by this section; and (2) any role a State may have in negotiations related to the extradition of a criminal suspect involved in such crime. SEC. 4. RENEGOTIATION OF THE EXTRADITION TREATY BETWEEN THE UNITED STATES AND THE UNITED MEXICAN STATES. Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall notify the Government of Mexico of the desire of the United States to enter into formal discussions with respect to the Extradition Treaty between the United States of America and the United Mexican States, signed in Mexico City on May 4, 1978 (31 UST 5059), and to available actions that the Government of Mexico may take to persuade the Mexican Supreme Court to reconsider its October 2001 ruling, so that the possibility of a sentence of life imprisonment will not have an effect on the timely extradition of a criminal suspect from Mexico to the United States.

Justice for Peace Officers Act - Amends the federal criminal code to prescribe penalties to be imposed on anyone who: (1) murders a federal, state, or local peace officer engaged in, or on account of the performance of, official duties and moves or travels in foreign commerce with intent to avoid prosecution or confinement after conviction of that crime; or (2) is an accessory after the fact to such a crime. Authorizes the prosecution of such violations only after formal approval in writing, upon consultation with the appropriate state or local prosecutor, by the Attorney General, Deputy Attorney General, Associate Attorney General, or Assistant Attorney General. Directs the Secretary of State to notify the Mexican government of the desire of the United States to enter into formal discussions regarding the Extradition Treaty between the United States of America and the United Mexican States, signed in Mexico City on May 4, 1978, and available actions that the Mexican government may take to persuade the Mexican Supreme Court to reconsider its October 2001 ruling, so that the possibility of a sentence of life imprisonment will not have an effect on the timely extradition of a criminal suspect from Mexico to the United States.

To amend title 18, United States Code, to increase the penalty on persons who are convicted of killing peace officers and who flee the country, and to express the sense of Congress that the Secretary of State should renegotiate the extradition treaty with Mexico.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retiree Continuation Coverage Act of 1995''. SEC. 2. EXTENSION OF COBRA CONTINUATION COVERAGE. (a) Public Health Service Act.-- (1) Period of coverage.--Section 2202(2)(A) of the Public Health Service Act (42 U.S.C. 300bb-2(2)(A)) is amended by adding at the end thereof the following new clause: ``(v) Qualifying event involving substantial reduction or elimination of a retiree group health plan.--In the case of an event described in section 2203(6), the date on which such covered qualified beneficiary becomes entitled to benefits under title XVIII of the Social Security Act.''. (2) Qualifying event.--Section 2203 of the Public Health Service Act (42 U.S.C. 300bb-3) is amended by adding at the end thereof the following new paragraph: ``(6) The substantial reduction or elimination of group health coverage as a result of plan changes or termination with respect to a qualified beneficiary described in section 2208(3)(A).''. (3) Notice.--Section 2206 of the Public Health Service Act (42 U.S.C. 300bb-6) is amended-- (A) in paragraph (2), by striking ``or (4)'' and inserting ``(4), or (6)''; and (B) in paragraph (4)(A), by striking ``or (4)'' and inserting ``(4), or (6)''. (4) Definition.--Section 2208(3) of the Public Health Service Act (42 U.S.C. 300bb-8(3)) is amended by adding at the end thereof the following new subparagraph: ``(C) Special rule for retirees.--In the case of a qualifying event described in section 2203(6), the term `qualified beneficiary' includes a covered employee who had retired on or before the date of substantial reduction or elimination of coverage and any other individual who, on the day before such qualifying event, is a beneficiary under the plan-- ``(i) as the spouse of the covered employee; ``(ii) as the dependent child of the covered employee; or ``(iii) as the surviving spouse of the covered employee.''. (b) Employee Retirement Income Security Act of 1974.-- (1) Period of coverage.--Section 602(2)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)) is amended by adding at the end thereof the following new clause: ``(vi) Qualifying event involving substantial reduction or elimination of a group health plan covering retirees, spouses and dependents.--In the case of an event described in section 603(7), the date on which such covered qualified beneficiary becomes entitled to benefits under title XVIII of the Social Security Act.''. (2) Qualifying event.--Section 603 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1163) is amended by adding at the end thereof the following new paragraph: ``(7) The substantial reduction or elimination of group health plan coverage as a result of plan changes or termination with respect to a qualified beneficiary described in section 607(3)(C).''. (3) Notice.--Section 606(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166) is amended-- (A) in paragraph (2), by striking ``or (6)'' and inserting ``(6), or (7)''; and (B) in paragraph (4)(A), by striking ``or (6)'' and inserting ``(6), or (7)''. (4) Definition.--Section 607(3)(C) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(2)) is amended by striking ``603(6)'' and inserting ``603(6) or 603(7)''. (c) Internal Revenue Code of 1986.-- (1) Period of coverage.--Section 4980B(f)(2)(B)(i) of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subclause: ``(VI) Qualifying event involving substantial reduction or elimination of a retiree group health plan.--In the case of an event described in paragraph (3)(G), the date on which such covered qualified beneficiary becomes entitled to benefits under title XVIII of the Social Security Act.''. (2) Qualifying event.--Section 4980B(f)(3) of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subparagraph: ``(G) The substantial reduction or elimination of group health coverage as a result of plan changes or termination with respect to a qualified beneficiary described in subsection (g)(1)(D).''. (3) Notice.--Section 4980B(f)(6) of the Internal Revenue Code of 1986 is amended-- (A) in subparagraph (B), by striking ``or (F)'' and inserting ``(F), or (G)''; and (B) in subparagraph (D)(i), by striking ``or (F)'' and inserting ``(F), or (G)''. (4) Definition.--Section 4980B(g)(1)(D) of the Internal Revenue Code of 1986 is amended by striking ``(f)(3)(F)'' and inserting ``(f)(3)(F) or (f)(3)(G)''. SEC. 3. EFFECTIVE DATE. This Act shall take effect as if enacted on January 1, 1995.

Retiree Continuation Coverage Act of 1995 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to extend group health plan insurance continuation coverage under COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) to retirees and their dependents, in cases of substantial reduction or elimination of a retiree group health plan. Allows early retirees and their dependents who lost such employer-sponsored health benefits to purchase continuing group health insurance coverage until they become eligible for Medicare.

Retiree Continuation Coverage Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Accountability, Bargaining, and Compassion for Part D (ABC for D) Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) employees and volunteers of the Social Security Administration (SSA), Area Agencies on Aging (AAA), and the State Health Insurance Assistance Program (SHIP), who have gone above and beyond expectations, should be commended for making great strides in outreach and education for the Medicare part D prescription drug program; (2) the Centers for Medicare & Medicaid Services (CMS) should be encouraged to empower their outreach partners to share time and space in order to create (within existing office spaces) ``one-stop locations'' at which seniors can receive counseling on the low-income subsidy application, as well as plan selection, under such program; (3) decision-making at the local level relating to outreach and education for such program should be encouraged; and (4) if empowered by Centers for Medicare & Medicaid Services, personnel from the Social Security Administration, Area Agencies on Aging, and the State Health Insurance Assistance Program will be able to coordinate better their efforts and therefore better serve seniors under such program. SEC. 3. REQUIRING REGISTRATION OF PDP SPONSORS OFFERING PRESCRIPTION DRUG PLANS WITH STATE INSURANCE DEPARTMENT IN EACH STATE IN WHICH A PLAN IS OFFERED. (a) In General.--Section 1860D-12(a) of the Social Security Act (42 U.S.C. 1395w-112(a)) is amended by adding at the end the following new paragraph: ``(4) Registration in each state in which prescription drug plan is offered.--The sponsor is registered with the State insurance department in each State in which it offers a prescription drug plan under this part. Such registration shall consist of submitting to such department the following: ``(A) A certified copy of the sponsor's charter or deed of settlement. ``(B) A statement including the name of the sponsor, the place where it is located; and the amount of its capital. ``(C) A copy of its last annual report, if such a report was written.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to prescription drug plans offered on or after January 1, 2007. SEC. 4. IMPROVEMENTS IN MEDICARE PRESCRIPTION DRUG ENROLLMENT PROCESS. (a) Extended Period of Open Enrollment During All of 2006 for Prescription Drug Plans and MA Plans Without Late Enrollment Penalty.-- Section 1851(e)(3)(B) of the Social Security Act (42 U.S.C. 1395w- 21(e)(3)(B)) is amended-- (1) in clause (iii), by striking ``May 15, 2006'' and inserting ``December 31, 2006''; and (2) by adding at the end the following new sentence: ``An individual making an election during the period beginning on November 15, 2006, and ending on December 31, 2006, shall specify whether the election is to be effective with respect to 2006 or with respect to 2007 (or both).''. (b) Providing Period of Time Before Effectiveness of Elections and Changes of Elections for Prescription Drug Plans and MA Plans.-- (1) For initial enrollment period.--Section 1851(f)(1) of such Act (42 U.S.C. 1395w-21(f)(1)) is amended-- (A) by striking ``except'' and all that follows through ``retroactive coverage.'' and inserting ``except as follows:''; and (B) by adding at the end the following new subparagraphs: ``(A) Except as the Secretary may provide (consistent with section 1838 and subparagraph (B)) in order to prevent retroactive coverage. ``(B) Except such an election of coverage shall take effect not earlier than the date that is 14 days after the date on which such election is made.''. (2) For continuous enrollment periods.--Section 1851(f)(2) of such Act (42 U.S.C. 1395w-21(f)(2)) is amended by striking ``following the date'' and inserting ``that begins at least 14 days after the date''. (3) Change in annual, coordinated election period to allow for delay in effectiveness.--Section 1851(e)(3)(B)(iv) of such Act (42 U.S.C. 1395w-21(e)(3)(B)(iv)) is amended by striking ``December 31'' and inserting ``December 15''. (4) For special enrollment periods.--Section 1851(f)(4) of such Act (42 U.S.C. 1395w-21(f)(4)) is amended by inserting before the period at the end the following: ``and providing adequate notice to providers affected by such an election or change in election''. (5) Effective dates.-- (A) Initial and continuous enrollment periods.--The amendments made by paragraphs (1) and (2) shall not apply-- (i) to elections of coverage made before the date of the enactment of this Act; and (ii) to elections of coverage made during the month in which this Act is enacted if such date of enactment is within the last 14 days of such month. (B) Annual, coordinated enrollment periods.--The amendment made by paragraph (3) shall apply to annual, coordinated election periods beginning on or after November 15, 2006. (C) Special enrollment periods.--The amendment made by paragraph (4) shall apply with respect to such special enrollment periods (beginning after the date of the enactment of this Act) as the Secretary of Health and Human Services shall specify. SEC. 5. AUTHORIZING FEDERAL NEGOTIATION OF FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS ON BEHALF OF MEDICARE BENEFICIARIES. Section 1860D-11 of the Social Security Act (42 U.S.C. 1395-111) is amended by striking subsection (i) (relating to noninterference) and by inserting the following: ``(i) Authority to Negotiate Prices With Manufacturers.--In order to ensure that beneficiaries enrolled under prescription drug plans and MA-PD plans pay the lowest possible price, the Secretary shall have authority similar to that of the Secretary of Veterans Affairs, Secretary of Defense, and the heads of other Federal agencies and departments that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under this part.''. SEC. 6. INCREASED FUNDING FOR STATE HEALTH INSURANCE COUNSELING PROGRAMS AND SOCIAL SECURITY REGIONAL OFFICES FOR MEDICARE PART D ENROLLMENT. (a) SHIP Counseling.--In addition to any amounts otherwise appropriated, there are appropriated out of any funds in the Treasury not otherwise appropriated $100,000,000 for fiscal year 2006 to the Secretary of Health and Human Services for grants to States under section 4360 of the Omnibus Reconciliation Act of 1990 for the purpose of providing outreach and information counseling and assistance with respect to enrollment of part D eligible individuals (as defined in section 1860D-1(a)(3) of the Social Security Act) under prescription drug plans and MA-PD plans under title XVIII of the Social Security Act. Funds appropriated under the preceding sentence shall remain available until expended. (b) SSA Regional Office Outreach.--In addition to any amounts otherwise appropriated, there are appropriated out of any funds in the Treasury not otherwise appropriated $100,000,000 for fiscal year 2006 to the Administrator of Social Security for the purposes of continuing outreach and education efforts for the purpose of providing outreach and education by regional offices of the Social Security Administration with respect to enrollment of part D eligible individuals under prescription drug plans and MA-PD plans under title XVIII of the Social Security Act. Funds appropriated under the preceding sentence shall remain available until expended. (c) Offset.--Notwithstanding any other provision of law, the amount of funds available for obligation under section 1858(e)(2)(A)(i) of the Social Security Act (42 U.S.C. 1395w-27a(e)(2)(A)(i)) are hereby reduced by the amount of funds appropriated under subsections (a) and (b).

Medicare Accountability, Bargaining, and Compassion for Part D (ABC for D) Act - Expresses the sense of Congress with respect to outreach and education for the prescription drug program under Medicare part D (Voluntary Prescription Drug Benefit Program). Amends title XVIII (Medicare) of the Social Security Act to: (1) require registration with state insurance departments of prescription drug plan sponsors in each state in which they offer a prescription drug plan; and (2) revise requirements for the Medicare prescription drug enrollment process. Authorizes the Secretary of Health and Human Services to negotiate contracts with manufacturers of covered part D drugs in order to ensure that beneficiaries pay the lowest possible price. Provides for increased funding for state health insurance counseling programs and Social Security regional offices for part D enrollment.

To amend title XVIII of the Social Security Act to improve implementation of the Medicare prescription drug benefit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Put Trafficking Victims First Act of 2017''. SEC. 2. REPORT ON SAFE HARBOR LAWS. Not later than 3 years after the date of enactment of this Act, the Attorney General, acting through the Director of the Office for Victims of Crime, shall issue a report to be posted on a publicly available website that includes-- (1) the impact of State safe harbor laws and associated services on the re-victimization of victims of trafficking (as such term is defined in section 103(15) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102(15))), the recovery of victims, victim outcomes, and prosecutions of traffickers; and (2) best practices and recommendations on the development and implementation of effective State safe harbor laws that promote full recovery of victims of trafficking and do not interfere with prosecutions of traffickers. SEC. 3. TRAINING FOR PROSECUTIONS OF TRAFFICKERS AND SUPPORT FOR STATE SERVICES FOR VICTIMS OF TRAFFICKING. (a) In General.--Section 107(b)(2)(B)(ii) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7105(b)(2)(B)(ii)) is amended to read as follows: ``(ii) 5 percent for training and technical assistance, to be provided in coordination with the Secretary of Health and Human Services, including with respect to-- ``(I) increasing capacity and expertise on security for and protection of service providers from intimidation or retaliation for their activities; ``(II) ``investigating, prosecuting, and preventing human trafficking through a trauma-informed and victim-centered approach that provides services and protections for victims of trafficking; ``(III) facilitating the provision of evidence-based, trauma-informed care and mental health services to victims of trafficking; ``(IV) ensuring that all victims of trafficking, including United States citizens, lawful permanent residents, and foreign nationals, are eligible for services; ``(V) ensuring that law enforcement officers and prosecutors make every attempt to determine whether an individual's participation in human trafficking is free from force, fraud, or coercion of any means before arresting them for, or charging them with, an offense; ``(VI) effectively prosecuting traffickers and individuals who patronize or solicit children for sex, and facilitating access for child victims of trafficking to the same type of court procedures and legal protections accessible to child victims of sexual assault, rape, child sexual abuse, or incest, and clarifying the right of child victims of trafficking to not be treated as criminals as a result of their victimization; and ``(VII) encouraging States to identify the locations of victims of trafficking and serve those victims, including through efforts that utilize internet outreach, through methods informed by survivors of human trafficking, and by offering help and services that are responsive to victims' needs in their communities.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2017. SEC. 4. WORKING TO DEVELOP METHODOLOGIES TO ASSESS PREVALENCE OF HUMAN TRAFFICKING. (a) Working Group.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Director of the National Institute of Justice, in consultation with the Director of the Human Smuggling and Trafficking Center, shall establish an expert working group, which shall include survivors of human trafficking, experts on sex and labor trafficking, representatives from organizations collecting data on human trafficking, and law enforcement officers. The working group shall, utilizing, to the extent practicable, existing efforts of agencies, task forces, States, cities, research institutions, and organizations-- (A) identify the methodological and practical barriers hampering data collection on sex and labor trafficking; (B) identify the information that should be collected, and how that information should be collected; and (C) recommend practices that could be standardized as replicable best practices to promote better data comparison, aggregation, and analysis. (2) Pilot testing.--Not later than 3 years after the date of the enactment of this Act, the Director of the National Institute of Justice shall implement a series of pilot studies to test promising methodologies studied under paragraph (1). (b) Report.-- (1) In general.--Not later than 3 years after the date of the enactment of this Act, the Director of the National Institute of Justice, in consultation with the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Director of the Human Smuggling and Trafficking Center, shall submit to Congress a report, which includes-- (A) the efforts made in developing robust, comprehensive methodologies to estimate the prevalence of human trafficking at the national and regional levels; (B) best practices for determining the trends of human trafficking in the United States; (C) evaluations of the effectiveness of current policies and procedures to address the needs of victims of trafficking, including appropriate housing and services from trained trauma-informed care service providers; and (D) an analysis of the varying characteristics of victims of trafficking in different regions, including age, gender, race or ethnicity, involvement in the child welfare system, involvement in the juvenile or criminal justice system, the number of foster care placements, the number of congregate care placements, and whether an individual is a victim of sex trafficking or labor trafficking, and recommendations for how to address the unique vulnerabilities of different victims. (2) Availability of report.--The report required under paragraph (1) shall be made publicly available on the website of the Department of Justice. (3) Input from relevant parties.--In developing the report under paragraph (1), the Director shall seek input from the United States Advisory Council on Human Trafficking, victims of trafficking, human trafficking survivor advocates, service providers for victims of sex and labor trafficking, and the President's Interagency Task Force on Human Trafficking. (c) Survey.--Not later than 2 years after the date of the enactment of this Act, the Director of the National Institute of Justice, in coordination with Federal, State, local, and tribal governments, and private organizations, including victim service providers and expert researchers, shall develop and execute a survey of survivors seeking and receiving services through a model agreed upon by service providers for victims of trafficking, government entities, and research experts to better understand where and how victims of trafficking are accessing services, how they are referred to services, including referrals by first responders, how assessment tools work to identify victims of trafficking, and to help estimate the prevalence of human trafficking and victim identification in the United States. Survey results shall be made publicly available on the website of the Department of Justice. (d) No Additional Funds.--No additional funds are authorized to carry out this section. SEC. 5. REPORT ON PROSECUTORS SEEKING MANDATORY RESTITUTION IN TRAFFICKING CASES. Not later than 1 year after the date of the enactment of this Act, the Attorney General, in consultation with the Administrative Office of the United States Courts, shall submit to Congress a report on efforts to increase mandatory restitution orders and use of asset forfeiture to provide restitution to victims of trafficking that shall be posted on a publicly available website, which shall include the following: (1) Information on the Department of Justice's training programs on mandatory restitution and the use of asset forfeiture to provide restitution to victims of trafficking, and recommendations of necessary additional training to ensure mandatory restitution is ordered in all relevant human trafficking cases. (2) An assessment of obstacles that continue to prevent Federal prosecutors and Federal courts from ordering restitution. (3) An assessment of whether the asset forfeiture provisions in the Justice for Victims of Trafficking Act of 2015 and the amendments made by that Act have helped increase requests to transfer forfeited proceeds for restitution, including how many requests have been made and how many of those requests have been approved, and whether United States Attorneys offices are properly informed about requesting transfers. (4) An assessment of how establishing trauma-informed, victim-centered investigative and prosecutorial procedures can help improve mandatory restitution orders, including by encouraging victims of trafficking to cooperate in criminal cases, equipping victims of trafficking with proper assistance during criminal proceedings, and helping victims of trafficking secure mandatory restitution. (5) The annual number and percentage of Federal cases related to human trafficking, separating sex trafficking and labor trafficking, during the period beginning on June 1, 2015, and ending on the date of the enactment of this Act, in which restitution was ordered, and the amount of restitution ordered in each case. (6) Data on the participation and non-participation of victims of trafficking in criminal proceedings, data on the participation and nonparticipation of victims of trafficking in witness protection programs and services, and recommendations for encouraging the participation of victims of trafficking in such proceedings. SEC. 6. SENSE OF CONGRESS ENCOURAGING STATES TO ADOPT PROTECTIONS FOR VICTIMS OF TRAFFICKING. Congress recognizes and applauds the State legislative bodies that have taken tremendous steps to adopt protections and services for victims of trafficking. Congress encourages States to do the following: (1) Uphold the basic rights and dignity of human trafficking survivors. (2) Adopt a survivor-centered approach to addressing human trafficking that ensures the safety, confidentiality, and well- being of victims of trafficking, while recognizing symptoms of trauma and coping mechanisms that may impact victims' interactions with law enforcement, the justice system, and service providers. (3) Implement screening mechanisms for all children entering child welfare services, the juvenile justice system, or the criminal justice system to identify child victims of trafficking and connect them with appropriate services, including appropriate housing and services from trained trauma- informed care service providers, and to try to identify foreign nationals who may be victims of trafficking. (4) Ensure that child victims of trafficking are provided with a range of protections, including access to child welfare services, trauma-informed programming, and the same legal rights afforded to other children who experience sexual abuse, rape, or incest, including ensuring that-- (A) criminals who exploit child victims of sex trafficking, including offenders who purchase, solicit, or obtain a child for purposes of engaging in a commercial sex act, face serious penalties and sentences under sex trafficking laws, and are not given lesser sentences; and (B) child victims of trafficking are never referred to as ``child prostitutes'' or ``underage sex workers'' in law or official documents and proceedings. (5) Develop a 24-hour emergency response plan to provide victims trafficking with immediate protection and support when they are first identified, which may include physically moving victims of trafficking to a place of safety, attending to the immediate medical and emotional needs of survivors, assessing whether survivors are under risk for harm, retaliation, or intimidation, and directly connecting survivors with victim advocates, housing, and service providers. (6) Adopt protections for victims of trafficking that include the right-- (A) to be treated as a victim of crime and afforded justice, respect, and dignity; (B) to protection if the victim's safety is at risk or if there is danger of harm, retaliation, or recapture by the trafficker; (C) to comprehensive trauma-informed, long-term, culturally competent care and healing services oriented toward emotional, psychological, and family healing; (D) to evidence-based screening and assessment tools, treatment plans, and therapy to address traumatic stress and associated mental health symptoms; (E) to safe and effective emergency and long-term housing; education, vocational, and job assistance and training; mentoring programs; language assistance; drug and substance abuse services; and legal services; (F) for child sex trafficking victims to be treated as children in need of child protective services and to be served through the child welfare system, where appropriate, in place of the juvenile justice system; (G) for all victims of trafficking, including United States citizens, lawful permanent residents, and foreign nationals, to be eligible for services; (H) to have convictions and adjudications related to prostitution and nonviolent offenses vacated and such records cleared and expunged if offenses were committed as a direct result of the victim being trafficked, and protection for foreign nationals from being removed, being determined to be inadmissible, or losing any immigration benefit because of such conviction or arrests; (I) to the same type of court procedures and legal protections accessible to victims of sexual assault, rape, child sexual abuse, or incest, including the right to not be treated as a criminal; and (J) to retain all rights regardless of whether the crime has been reported to law enforcement. Passed the House of Representatives May 23, 2017. Attest: KAREN L. HAAS, Clerk.

Put Trafficking Victims First Act of 2017 (Sec. 2) This bill directs the Office for Victims of Crime within the Department of Justice (DOJ) to publish a report on state safe harbor laws, including: (1) the impact of state safe harbor laws on victims of trafficking, and (2) best practices and recommendations on the development and implementation of effective state safe harbor laws. (Sec. 3) The bill amends the Victims of Trafficking and Violence Protection Act of 2000 to modify requirements with respect to the allocation of trafficking victim services grant funds for training and technical assistance. Specifically, it requires training and technical assistance to be provided in coordination with the Department of Health and Human Services. Additionally, it broadens the areas of training and technical assistance to include, among others, investigating, prosecuting, and preventing human trafficking through a trauma-informed and victim-centered approach. (Sec. 4) The National Institute of Justice must: establish a working group to identify and recommend best practices for collecting data on human trafficking; report on efforts to develop methodologies to determine the prevalence of human trafficking in the United States; and coordinate with federal, state, local, and tribal governments, and private organizations, to survey survivors to estimate the prevalence of human trafficking in the United States. (Sec. 5) DOJ must report on efforts to increase mandatory restitution orders and asset forfeiture to provide restitution to victims of trafficking. (Sec. 6) The bill encourages states to implement certain protections for victims of trafficking.

Enforcing Justice for Victims of Trafficking Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Yerington Land Conveyance and Sustainable Development Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the city of Yerington, Nevada, which has an unemployment rate of 16 percent, has the highest unemployment rate in the State of Nevada; (2) for over 4 years, the city of Yerington and Lyon County, Nevada, have been working with private business partners to develop a sustainable development plan that would enable all parties to benefit from the use of private land adjacent to the city of Yerington for potential commercial and industrial development, mining activities, recreation opportunities, and the expansion of community and cultural events; (3) the sustainable development plan referred to in paragraph (2) requires the conveyance of certain Federal land administered by the Bureau of Land Management to the City for consideration in an amount equal to the fair market value of the Federal land; (4) the Federal land to be conveyed to the City under the sustainable development plan has very few environmental, historical, wildlife, or cultural resources of value to the public, but is appropriate for responsible development; (5) the Federal land that would be conveyed to the City under the sustainable development plan-- (A) is adjacent to the boundaries of the City; and (B) would be used-- (i) to enhance recreational, cultural, commercial, and industrial development opportunities in the City; (ii) for future economic development, regional use, and as an open space buffer to the City; and (iii) to allow the City to provide critical infrastructure services; (6) commercial and industrial development of the Federal land would enable the community to benefit from the transportation, power, and water infrastructure that would be put in place with the concurrent development of commercial and industrial operations; (7) the conveyance of the Federal land would-- (A) help the City and County to grow; and (B) provide additional tax revenue to the City and County; (8) industrial and commercial development of the Federal land would create thousands of long-term, high-paying jobs for the City and County; and (9) the Lyon County Commission and the City unanimously approved resolutions in support of the conveyance of the Federal land because the conveyance would facilitate a sustainable model for long-term economic and industrial development. SEC. 3. DEFINITIONS. In this title: (1) City.--The term ``City'' means the city of Yerington, Nevada. (2) Federal land.--The term ``Federal land'' means the land located in Lyon County and Mineral County, Nevada, that is identified on the map as ``City of Yerington Sustainable Development Conveyance Lands''. (3) Map.--The term ``map'' means the map entitled ``Yerington Land Conveyance and Sustainable Development Act'' and dated May 31, 2012. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. CONVEYANCES OF LAND TO CITY OF YERINGTON, NEVADA. (a) In General.--Not later than 90 days after the date of enactment of this title, subject to valid existing rights, and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to the City, subject to the City's agreement and in exchange for consideration in an amount equal to the fair market value of the Federal land, all right, title, and interest of the United States in and to the Federal land identified on the map. (b) Appraisal To Determine of Fair Market Value.--The Secretary shall determine the fair market value of the Federal land to be conveyed-- (1) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (2) based on an appraisal that is conducted in accordance with nationally recognized appraisal standards, including-- (A) the Uniform Appraisal Standards for Federal Land Acquisition; and (B) the Uniform Standards of Professional Appraisal Practice. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Applicable Law.--Beginning on the date on which the Federal land is conveyed to the City, the development of and conduct of activities on the Federal land shall be subject to all applicable Federal laws (including regulations). (e) Administrative Costs.--The City shall be responsible for all survey, appraisal, and other administrative costs associated with the conveyance of the Federal land to the City under this title. SEC. 5. RELEASE OF THE UNITED STATES. Upon making the conveyance under section 4, notwithstanding any other provision of law, the United States is released from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product of any kind), solid waste, mine materials or mining related features (including tailings, overburden, waste rock, mill remnants, pits, or other hazards resulting from the presence of mining related features) on the Federal Land in existence on or before the date of the conveyance.

Yerington Land Conveyance and Sustainable Development Act - Directs the Secretary of the Interior to convey to the city of Yerington, Nevada, all interest of the United States in the federal lands located in Lyon and Mineral Counties, Nevada, identified as "City of Yerington Sustainable Development Conveyance Lands" in exchange for consideration in an amount that is equal to their fair market value. Makes the city of Yerington responsible for all survey, appraisal, and other administrative costs associated with the conveyance of such lands. Releases the United States, upon such conveyance, from liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative thereof), solid waste, mine materials, or mining- related features on the federal land in existence on or before the date of the conveyance.

To convey certain Federal land to the city of Yerington, Nevada.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Opportunity Act of 2011''. SEC. 2. ANGEL INVESTMENT TAX CREDIT. (a) In General.--Subpart B 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. 30E. ANGEL INVESTMENT TAX CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified equity investments made by a qualified investor during the taxable year. ``(b) Qualified Equity Investment.--For purposes of this section-- ``(1) In general.--The term `qualified equity investment' means any equity investment in a qualified small business entity if-- ``(A) such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, and ``(B) such investment is designated for purposes of this section by the qualified small business entity. ``(2) Equity investment.--The term `equity investment' means-- ``(A) any form of equity, including a general or limited partnership interest, common stock, preferred stock (other than nonqualified preferred stock as defined in section 351(g)(2)), with or without voting rights, without regard to seniority position and whether or not convertible into common stock or any form of subordinate or convertible debt, or both, with warrants or other means of equity conversion, and ``(B) any capital interest in an entity which is a partnership. ``(3) Redemptions.--A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this subsection. ``(c) Qualified Small Business Entity.--For purposes of this section-- ``(1) In general.--The term `qualified small business entity' means any domestic corporation or partnership if such corporation or partnership-- ``(A) is a small business (as defined in section 41(b)(3)(D)(iii)), ``(B) has its headquarters in the United States, ``(C) is engaged in a high technology trade or business related to-- ``(i) advanced materials, nanotechnology, or precision manufacturing, ``(ii) aerospace, aeronautics, or defense, ``(iii) biotechnology or pharmaceuticals, ``(iv) electronics, semiconductors, software, or computer technology, ``(v) energy, environment, or clean technologies, ``(vi) forest products or agriculture, ``(vii) information technology, communication technology, digital media, or photonics, ``(viii) life sciences or medical sciences, ``(ix) marine technology or aquaculture, ``(x) transportation, or ``(xi) any other high technology trade or business as determined by the Secretary, ``(D) has been in existence for less than 5 years as of the date of the qualified equity investment, ``(E) employs less than 100 full-time equivalent employees as of the date of such investment, ``(F) has more than 50 percent of the employees performing substantially all of their services in the United States as of the date of such investment, and ``(G) has equity investments designated for purposes of this paragraph. ``(2) Designation of equity investments.--For purposes of paragraph (1)(G), an equity investment shall not be treated as designated if such designation would result in the aggregate amount which may be taken into account under this section with respect to equity investments in such corporation or partnership exceeds-- ``(A) $10,000,000, taking into account the total amount of all qualified equity investments made by all taxpayers for the taxable year and all preceding taxable years, ``(B) $2,000,000, taking into account the total amount of all qualified equity investments made by all taxpayers for such taxable year, and ``(C) $1,000,000, taking into account the total amount of all qualified equity investments made by the taxpayer for such taxable year. ``(d) Qualified Investor.--For purposes of this section-- ``(1) In general.--The term `qualified investor' means an accredited investor, as defined by the Securities and Exchange Commission, investor network, or investor fund who review new or proposed businesses for potential investment. ``(2) Investor network.--The term `investor network' means a group of accredited investors organized for the sole purpose of making qualified equity investments. ``(3) Investor fund.-- ``(A) In general.--The term `investor fund' means a corporation that for the applicable taxable year is treated as an S corporation or a general partnership, limited partnership, limited liability partnership, trust, or limited liability company and which for the applicable taxable year is not taxed as a corporation. ``(B) Allocation of credit.-- ``(i) In general.--Except as provided in clause (ii), the credit allowed under subsection (a) shall be allocated to the shareholders or partners of the investor fund in proportion to their ownership interest or as specified in the fund's organizational documents, except that tax-exempt investors shall be allowed to transfer their interest to investors within the fund in exchange for future financial consideration. ``(ii) Single member limited liability company.--If the investor fund is a single member limited liability company that is disregarded as an entity separate from its owner, the credit allowed under subsection (a) may be claimed by such limited liability company's owner, if such owner is a person subject to the tax under this title. ``(4) Exclusion.--The term `qualified investor' does not include-- ``(A) a person controlling at least 50 percent of the qualified small business entity, ``(B) an employee of such entity, or ``(C) any bank, bank and trust company, insurance company, trust company, national bank, savings association or building and loan association for activities that are a part of its normal course of business. ``(e) National Limitation on Amount of Investments Designated.-- ``(1) In general.--There is an angel investment tax credit limitation of $500,000,000 for each of calendar years 2011 through 2015. ``(2) Allocation of limitation.--The limitation under paragraph (1) shall be allocated by the Secretary among qualified small business entities selected by the Secretary. ``(3) Carryover of unused limitation.--If the angel investment tax credit limitation for any calendar year exceeds the aggregate amount allocated under paragraph (2) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. No amount may be carried under the preceding sentence to any calendar year after 2020. ``(f) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--Except as provided in paragraph (2), the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.-- ``(A) In general.--In the case of an individual who elects the application of this paragraph, for purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(B) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subpart A for any taxable year (determined after application of paragraph (1)) by reason of subparagraph (A) shall not exceed the excess of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under subpart A (other than this section) and section 27 for the taxable year. ``(C) Carryforward of unused credit.--If the credit allowable under subsection (a) by reason of subparagraph (A) exceeds the limitation imposed by section 26(a)(1) or subparagraph (B), whichever is applicable, for such taxable year, reduced by the sum of the credits allowable under subpart A (other than this section) for such taxable year, such excess shall be carried to each of the succeeding 20 taxable years to the extent that such unused credit may not be taken into account under subsection (a) by reason of subparagraph (A) for a prior taxable year because of such limitation. ``(g) Special Rules.-- ``(1) Related parties.--For purposes of this section-- ``(A) In general.--All related persons shall be treated as 1 person. ``(B) Related persons.--A person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b). ``(2) Basis.--For purposes of this subtitle, the basis of any investment with respect to which a credit is allowable under this section shall be reduced by the amount of such credit so allowed. This subsection shall not apply for purposes of sections 1202, 1397B, and 1400B. ``(3) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any qualified equity investment which is held by the taxpayer less than 3 years, except that no benefit shall be recaptured in the case of-- ``(A) transfer of such investment by reason of the death of the taxpayer, ``(B) transfer between spouses, ``(C) transfer incident to the divorce (as defined in section 1041) of such taxpayer, or ``(D) a transaction to which section 381(a) applies (relating to certain acquisitions of the assets of one corporation by another corporation). ``(h) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations-- ``(1) which prevent the abuse of the purposes of this section, ``(2) which impose appropriate reporting requirements, and ``(3) which apply the provisions of this section to newly formed entities.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (35), by striking ``plus''; (2) in paragraph (36), by striking the period at the end and inserting ``, plus''; and (3) by adding at the end the following new paragraph: ``(37) the portion of the angel investment tax credit to which section 30E(f)(1) applies.''. (c) Conforming Amendments.-- (1) Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by inserting after paragraph (37) the following new paragraph: ``(38) to the extent provided in section 30E(g)(2).''. (2) Section 24(b)(3)(B) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (3) Section 25(e)(1)(C)(ii) of such Code is amended by inserting ``30E,'' after ``30D,''. (4) Section 25A(i)(5)(B) of such Code is amended by striking ``and 30D'' and inserting ``, 30D, and 30E''. (5) Section 25A(i)(5) of such Code is amended by inserting ``30E,'' after ``30D,''. (6) Section 25B(g)(2) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (7) Section 26(a)(1) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (8) Section 30(c)(2)(B)(ii) of such Code is amended by striking ``and 30D'' and inserting ``, 30D, and 30E''. (9) Section 30B(g)(2)(B)(ii) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (10) Section 30D(d)(2)(B)(ii) of such Code is amended by striking ``and 25D'' and inserting ``, 25D, and 30E''. (11) Section 904(i) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (12) Section 1400C(d)(2) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (d) Clerical Amendment.--The table of sections for subpart B 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 item: ``Sec. 30E. Angel investment tax credit.''. (e) Effective Date.--The amendments made by this section shall apply to investments made after December 31, 2010, in taxable years ending after such date. (f) Regulations on Allocation of National Limitation.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury or the Secretary's delegate shall prescribe regulations which specify-- (1) how small business entities shall apply for an allocation under section 30E(e)(2) of the Internal Revenue Code of 1986, as added by this section, (2) the competitive procedure through which such allocations are made, (3) the criteria for determining an allocation to a small business entity, including-- (A) whether the small business entity is located in a State that is historically underserved by angel investors and venture capital investors, (B) whether the small business entity has received an angel investment tax credit, or its equivalent, from the State in which the small business entity is located and registered, (C) whether small business entities in low-, medium-, and high-population density States are receiving allocations, and (D) whether the small business entity has been awarded a Small Business Innovative Research or Small Business Technology Transfer grant from a Federal agency, (4) the actions that such Secretary or delegate shall take to ensure that such allocations are properly made to qualified small business entities, and (5) the actions that such Secretary or delegate shall take to ensure that angel investment tax credits are allocated and issued to the taxpayer. (g) Audit and Report.--Not later than January 31, 2014, the Comptroller General of the United States, pursuant to an audit of the angel investment tax credit program established under section 30E of the Internal Revenue Code of 1986 (as added by subsection (a)), shall report to Congress on such program, including all qualified small business entities that receive an allocation of an angel investment credit under such section.

American Opportunity Act of 2011 - Amends the Internal Revenue Code to allow a tax credit for 25% of a qualified equity investment in a qualified small business entity. Defines "qualified small business entity" as a domestic corporation or partnership that: (1) is a small business headquarted in the United States, (2) is engaged in a high technology trade or business, (3) has been in existence for less than five years as of the date of the qualified equity investment, and (4) employs less than 100 full-time employees, more than 50% of whom perform substantially all of their services in the United States. Limits the dollar amount of such credit to $500 million for each of calendar years 2011 through 2015. Requires: (1) the Secretary of the Treasury to prescribe regulations on the allocations of such credit to a small business entity, and (2) the Comptroller General to audit the investment tax credit program.

A bill to amend the Internal Revenue Code of 1986 to allow a credit against income tax for equity investments in small business concerns.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anthrax Victims Fund Fairness Act of 2003''. SEC. 2. REFERENCES. Except as otherwise expressly provided, wherever 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 a reference to the September 11th Victim Compensation Fund of 2001 (Public Law 107-42; 49 U.S.C. 40101 note). SEC. 3. COMPENSATION FOR VICTIMS OF TERRORIST ACTS. (a) Definitions.--Section 402(6) is amended by inserting ``or related to a terrorist-related laboratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001'' before the period. (b) Purpose.--Section 403 is amended by inserting ``or as a result of a terrorist-related laboratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001'' before the period. (c) Determination of Eligibility for Compensation.-- (1) Claim form contents.--Section 405(a)(2)(B) is amended-- (A) in clause (i), by inserting ``or as a result of a terrorist-related laboratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001'' before the semicolon; (B) in clause (ii), by inserting ``or terrorist- related laboratory-confirmed anthrax infection'' before the semicolon; and (C) in clause (iii), by inserting ``or terrorist- related laboratory-confirmed anthrax infection'' before the period. (2) Limitation.--Section 405(a)(3) is amended by striking ``2 years'' and inserting ``3 years''. (3) Collateral compensation.--Section 405(b)(6) is amended by inserting ``or as a result of a terrorist-related laboratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001'' before the period. (4) Eligibility.-- (A) Individuals.--Section 405(c)(2) is amended-- (i) in subparagraph (B), by striking ``or'' after the semicolon; (ii) in subparagraph (C)-- (I) by striking ``or (B)'' and inserting ``, (B), or (C)''; and (II) striking ``(C)'' and inserting ``(D)''; and (iii) by inserting after subparagraph (B) the following: ``(C) an individual who suffered physical harm or death as a result of a terrorist-related laboratory- confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001; or ''. (B) Requirements.--Section 405(c)(3) is amended-- (i) in the heading for subparagraph (B) by inserting ``relating to september 11th terrorist acts'' before the period; and (ii) by adding at the end the following: ``(C) Limitation on civil action relating to other terrorist acts.-- ``(i) In general.--Upon the submission of a claim under this title, the claimant waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a result of a terrorist- related laboratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001. The preceding sentence does not apply to a civil action to recover any collateral source obligation based on contract, or to a civil action against any person who is a knowing participant in any conspiracy to commit any terrorist act. ``(ii) Pending actions.--In the case of an individual who is a party to a civil action described in clause (i), such individual may not submit a claim under this title unless such individual withdraws from such action by the date that is 90 days after the date on which regulations are promulgated under section 4 of the Anthrax Victims Fund Fairness Act of 2003. ``(D) Individuals with prior compensation.-- ``(i) In general.--Subject to clause (ii), an individual is not an eligible individual for purposes of this subsection if that individual, or the estate of that individual, has received any compensation from a civil action or settlement based on tort related to a terrorist-related laboratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001. ``(ii) Exception.--Clause (i) shall not apply to compensation received from a civil action against any person who is a knowing participant in any conspiracy to commit any terrorist act.''. (C) Ineligibility of participants and conspirators.--Section 405(c) is amended by adding at the end the following: ``(4) Ineligibility of participants and conspirators.--An individual, or a representative of that individual, shall not be eligible to receive compensation under this title if that individual is identified by the Attorney General to have been a participant or conspirator in a terrorist-related laboratory- confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001.''. SEC. 4. REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out the amendments made by this Act, including regulations with respect to-- (1) forms to be used in submitting claims under this Act; (2) the information to be included in such forms; (3) procedures for hearing and the presentation of evidence; (4) procedures to assist an individual in filing and pursuing claims under this Act; and (5) other matters determined appropriate by the Attorney General.

Anthrax Victims Fund Fairness Act of 2003 - Amends the September 11th Victim Compensation Fund of 2001 to provide compensation for victims of a terrorist-related laboratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001, on the same basis as compensation is provided to victims of the terrorist-related aircraft crashes on September 11, 2001. States that a claimant under this Act waives the right to file a civil action in any Federal or State court for damages sustained in the incident, except against a knowing participant in any conspiracy to commit any terrorist act. Exempts from such waiver any civil action to recover a collateral source obligation based on contract.

A bill to amend the September 11th Victim Compensation Fund of 2001 (Public Law 107-42; 49 U.S.C. 40101 note) to provide compensation for the United States Citizens who were victims of a terrorist-related labratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001, on the same basis as compensation is provided to victims of the terrorist-related aircraft crashes on September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare's Elderly Receiving Innovative Treatments (MERIT) Act of 1999''. SEC. 2. MODIFICATION OF PAYMENT RULES. Section 1853 of the Social Security Act (42 U.S.C. 1395w-23) is amended-- (1) in subsection (a)(1)(A), by striking ``subsections (e) and (f)'' and inserting ``subsections (e) through (i)''; (2) in subsection (a)(3)(D), by inserting ``and paragraph (4)'' after ``section 1859(e)(4)''; and (3) by adding at the end of subsection (a) the following new paragraph: ``(4) Exemption from risk-adjustment system for frail elderly beneficiaries enrolled in specialized programs for the frail elderly.-- ``(A) In general.--During the period described in subparagraph (B), the risk-adjustment described in paragraph (3) shall not apply to a frail elderly Medicare+Choice beneficiary (as defined in subsection (i)(3)) who is enrolled in a Medicare+Choice plan under a specialized program for the frail elderly (as defined in subsection (i)(2)). ``(B) Period of application.--The period described in this subparagraph begins with January 2000 and ends with the first month for which the Secretary certifies to Congress that a comprehensive risk adjustment methodology under paragraph (3)(C) (that takes into account the types of factors described in subsection (i)(1)) is being fully implemented.''; and (4) by adding at the end the following new subsection: ``(i) Special Rules for Frail Elderly Enrolled in Specialized Programs for the Frail Elderly.-- ``(1) Development and implementation of new payment system.--The Secretary shall develop and implement (as soon as possible after the date of the enactment of this subsection), during the period described in subsection (a)(4)(B), a payment methodology for frail elderly Medicare+Choice beneficiaries enrolled in a Medicare+Choice plan under a specialized program for the frail elderly (as defined in paragraph (2)(A)). Such methodology shall account for the prevalence, mix, and severity of chronic conditions among such beneficiaries and shall include medical diagnostic factors from all provider settings (including hospital and nursing facility settings). It shall include functional indicators of health status and such other factors as may be necessary to achieve appropriate payments for plans serving such beneficiaries. ``(2) Specialized program for the frail elderly described.-- ``(A) In general.--For purposes of this part, the term `specialized program for the frail elderly' means a program which the Secretary determines-- ``(i) if offered under this part as a distinct part of a Medicare+Choice plan; ``(ii) primarily enrolls frail elderly Medicare+Choice beneficiaries; and ``(iii) has a clinical delivery system that is specifically designed to serve the special needs of such beneficiaries and to coordinate short-term and long-term care for such beneficiaries through the use of a team described in subparagraph (B) and through the provision of primary care services to such beneficiaries by means of such a team at the nursing facility involved. ``(B) Specialized team.--A team described in this subparagraph-- ``(i) includes-- ``(I) a physician, and ``(II) a nurse practitioner or geriatric care manager, or both; and ``(ii) has as members individuals who have special training and specialize in the care and management of the frail elderly beneficiaries. ``(3) Frail elderly medicare+choice beneficiary described.--For purposes of this part, the term `frail elderly Medicare+Choice beneficiary' means a Medicare+Choice eligible individual who-- ``(A) is residing in a skilled nursing facility or a nursing facility (as defined for purposes of title XIX) for an indefinite period and without any intention of residing outside the facility; and ``(B) has a severity of condition that makes the individual frail (as determined under guidelines approved by the Secretary).''. SEC. 3. CONTINUOUS OPEN ENROLLMENT FOR QUALIFIED INDIVIDUALS. (a) In General.--Section 1851(e) of the Social Security Act (42 U.S.C. 1395w-21(e)) is amended by adding at the end the following new paragraph: ``(7) Special rules for frail elderly medicare+choice beneficiaries enrolling in specialized programs for the frail elderly.--There shall be a continuous open enrollment period for any frail elderly Medicare+Choice beneficiary (as defined in section 1853(i)(3)) who is seeking to enroll in a Medicare+Choice plan under a specialized program for the frail elderly (as defined in section 1853(i)(2)).''. (b) Effective Date.--The amendment made by subsection (a) takes effect on the date of the enactment of this Act. SEC. 4. DEVELOPMENT OF QUALITY MEASUREMENT PROGRAM. (a) In General.--Section 1852(e) of the Social Security Act (42 U.S.C. 1395w-22(e)) is amended by adding at the end the following new paragraph: ``(5) Quality measurement program for specialized programs for the frail elderly as part of medicare+choice plans.--The Secretary shall develop and implement a program to measure the quality of care provided in specialized programs for the frail elderly (as defined in section 1853(i)(2)) in order to reflect the unique health aspects and needs of frail elderly Medicare+Choice beneficiaries (as defined in section 1853(i)(3)). Such quality measurements may include indicators of the prevalence of pressure sores, reduction of iatrogenic disease, use of urinary catheters, use of anti-anxiety medications, use of advance directives, incidence of pneumonia, and incidence of congestive heart failure.''. (b) Effective Date.--The Secretary of Health and Human Services shall first provide for the implementation of the quality measurement program for specialized programs for the frail elderly under the amendment made by subsection (a) by not later than July 1, 2000.

Medicare's Elderly Receiving Innovative Treatments (MERIT) Act of 1999 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act with regard to the frail elderly, modifying: (1) payment rules (including requiring the Secretary of Health and Human Services to develop and implement a new payment system); (2) eligibility, election, and enrollment provisions (adding special rules for frail elderly Medicare+Choice beneficiaries enrolling in specialized programs for the frail elderly that establish a continuous open enrollment period for such individuals); and (3) benefits and beneficiary protections provisions (requiring the Secretary to develop and implement a program to measure the quality of care provided in specialized programs for the frail elderly). Exempts Medicare+Choice beneficiaries in a specialized program for the frail elderly from any risk adjustment system until the Secretary certifies to Congress that a comprehensive risk adjustment methodology taking certain factors into account is being fully implemented.

Medicare's Elderly Receiving Innovative Treatments (MERIT) Act of 1999

SECTION 1. ELIMINATION OF TAX SUBSIDIES FOR ETHANOL FUEL. (a) Elimination of Credit for Alcohol Used as Fuel.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 40 (relating to alcohol used as fuel). (2) Clerical and conforming amendments.-- (A) Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking paragraph (3) and by redesignating paragraphs (4) through (12) as paragraphs (3) through (11), respectively. (B) Paragraph (3) of section 38(d) of such Code (relating to credits no longer listed) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) the credit allowable by section 40, as in effect on the day before the date of the enactment of this subparagraph (relating to alcohol used as fuel) shall be treated as referred to after the last paragraph of subsection (b) and after any credits treated as referred to by reason of subparagraph (A).'' (C) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 40. (D)(i) Part II of subchapter B of chapter 1 of such Code is amended by striking section 87 (relating to alcohol fuel credit). (ii) The table of sections for part II of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 87. (iii) Subsection (a) of section 56 of such Code (relating to adjustments in computing alternative minimum taxable income) is amended by striking paragraph (7) (relating to section 87 not applicable). (E) Subsection (c) of section 196 of such Code (relating to qualified business credits) is amended by striking paragraph (3) and redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively. (F) Section 6501(m) of such Code (relating to deficiencies attributable to election of certain credits) is amended by striking ``40(f),''. (b) Reductions of Other Incentives for Ethanol Fuel.-- (1) Repeal of reduced rate on ethanol fuel not produced from petroleum or natural gas.--Subsection (b) of section 4041 of such Code is amended to read as follows: ``(b) Exemption for Off-Highway Business Use.-- ``(1) In general.--No tax shall be imposed by subsection (a) or (d)(1) on liquids sold for use or used in an off-highway business use. ``(2) Tax where other use.--If a liquid on which no tax was imposed by reason of paragraph (1) is used otherwise than in an off-highway business use, a tax shall be imposed by paragraph (1)(B), (2)(B), or (3)(A)(ii) of subsection (a) (whichever is appropriate) and by the corresponding provision of subsection (d)(1) (if any). ``(3) Off-highway business use defined.--For purposes of this subsection, the term `off-highway business use' has the meaning given to such term by section 6421(e)(2); except that such term shall not, for purposes of subsection (a)(1), include use in a diesel-powered train.'' (2) Repeal of reduced rate on ethanol fuel produced from natural gas.-- (A) Paragraph (1) of section 4041(m) of such Code is amended by striking ``or ethanol'' in the material preceding subparagraph (A). (B) Clause (i) of section 4041(m)(1)(A) of such Code is amended by striking ``shall be--'' and all that follows and inserting ``shall be 9.15 cents per gallon, and''. (C) Clause (ii) of section 4041(m)(1)(A) of such Code is amended by striking ``shall be--'' and all that follows and inserting ``shall be 2.15 cents per gallon, and''. (D) Paragraph (2) of section 4041(m) of such Code is amended-- (i) by striking ``or ethanol'' each place it appears in the heading and text, (ii) by striking ``, ethanol,'' and (iii) by inserting ``(other than ethanol)'' after ``alcohol''. (c) Tax of Fuel Alcohol To Same Extent as Other Motor Fuels.-- (1) Treatment as taxable fuel.--Paragraph (1) of section 4083(a) of such Code (defining taxable fuel) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following: ``(D) fuel alcohol.'' (2) Definition of fuel alcohol.--Subsection (a) of section 4083 of such Code is amended by adding at the end the following new paragraph: ``(4) Fuel alcohol.--The term `fuel alcohol' means any alcohol (including ethanol and methanol)-- ``(A) which is produced other than from petroleum, natural gas, or coal (including peat), and ``(B) which is withdrawn from the distillery where produced free of tax under chapter 51 by reason of section 5181 or so much of section 5214(a)(1) as relates to fuel use.'' (3) Rate of tax.--Clause (i) of section 4081(a)(2)(A) of such Code is amended by striking ``other than aviation gasoline'' and inserting ``(other than aviation gasoline) and fuel alcohol''. (4) Special rules for imposition of tax.--Paragraph (1) of section 4081(a) of such Code is amended by adding at the end the following new subparagraph: ``(C) Special rules for fuel alcohol.--In the case of fuel alcohol-- ``(i) the distillery where produced shall be treated as a refinery, and ``(ii) subparagraph (B) shall be applied by including transfers by truck or rail in excess of such minimum quantities as the Secretary shall prescribe.'' (5) Repeal of reduced rates on alcohol fuels.-- (A) Section 4041 of such Code is amended by striking subsection (k). (B) Section 4081 of such Code is amended by striking subsection (c). (C) Section 4091 of such Code is amended by striking subsection (c). (6) Conforming amendments.-- (A) Subparagraph (A) of section 4041(a)(2) of such Code is amended-- (i) by inserting ``other than fuel alcohol'' after ``any product'', and (ii) by adding at the end the following flush sentence: ``No tax shall be imposed by this paragraph on the sale or use of any fuel alcohol if tax was imposed on such alcohol under section 4081 and the tax thereon was not credited or refunded.'' (B) Section 6427 of such Code is amended by striking subsection (f). (C) Subsection (i) of section 6427 of such Code is amended by striking paragraph (3). (D) Paragraph (2) of section 6427(k) of such Code is amended by striking ``(3),''. (E)(i) Paragraph (1) of section 6427(l) of such Code is amended by striking ``or'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) any fuel alcohol (as defined in section 4083) on which tax has been imposed by section 4041 or 4081, or''. (ii) Paragraph (2) of section 6427(l) of such Code is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) in the case of fuel alcohol (as so defined), any use which is exempt from the tax imposed by section 4041(a)(2) other than by reason of a prior imposition of tax, and''. (iii) The heading of subsection (l) of section 6427 of such Code is amended by inserting ``, Fuel Alcohol,'' after ``Kerosene''. (F) Sections 9503(b)(1)(D) and 9508(b)(2) of such Code are each amended by striking ``and kerosene'' and inserting ``kerosene, and fuel alcohol''. (G) Subsection (e) of section 9502 of such Code is amended by striking paragraph (2). (H) Paragraph (4) of section 9503(b) of such Code is amended by adding ``and'' at the end of subparagraph (C), by striking the comma at the end of subparagraph (D) and inserting a period, and by striking subparagraphs (E) and (F). (I) Subsection (b) of section 9503 of such Code is amended by striking paragraph (5) and by redesignating paragraph (6) as paragraph (5). (d) Effective Dates.-- (1) General rule.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Elimination of section 40 credit.--The amendments made by subsection (a) shall apply to alcohol produced after the date of the enactment of this Act. (e) Floor Stock Taxes.-- (1) Imposition of tax.--In the case of fuel alcohol which is held on the date of the enactment of this Act by any person, there is hereby imposed a floor stocks tax of 18.4 cents per gallon. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding fuel alcohol on the date of the enactment of this Act to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the date which is 6 months after the date of the enactment of this Act. (3) Definitions.--For purposes of this subsection-- (A) Fuel alcohol.--The term ``fuel alcohol'' has the meaning given such term by section 4083 of the Internal Revenue Code of 1986, as amended by this section. (B) Held by a person.--Fuel alcohol shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (C) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or his delegate. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to fuel alcohol held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 of the Internal Revenue Code of 1986 is allowable for such use. (5) Exception for fuel held in vehicle tank.--No tax shall be imposed by paragraph (1) on fuel alcohol held in the tank of a motor vehicle or motorboat. (6) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on fuel alcohol held on the date of the enactment of this Act by any person if the aggregate amount of fuel alcohol held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5). (C) Controlled groups.--For purposes of this paragraph-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group of corporations shall be treated as 1 person. (II) Controlled group of corporations.--The term ``controlled group of corporations'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (7) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081.

Amends the Internal Revenue Code to: (1) repeal the credit for alcohol used as fuel; (2) tax fuel alcohol to the same extent as gasoline and diesel fuel; and (3) repeal specified incentives for alcohol fuels.

To amend the Internal Revenue Code of 1986 to eliminate tax subsidies for ethanol fuel.

SECTION 1. SHORT TITLE. This Act may be cited as ``United States-Mexico Border Sewage Cleanup Act of 1999''. SEC. 2. FINDINGS. (a) In General.--The Congress finds that it is necessary to take appropriate actions to address the comprehensive treatment of sewage emanating from the Tijuana River in order to substantially reduce river and ocean pollution in the San Diego border region. (b) Factors.--Congress bases the finding under subsection (a) on the following factors: (1) The San Diego border region is adversely impacted from cross border raw sewage flows that affect the environment and the health and safety of citizens in the United States and Mexico. (2) The United States and Mexico have agreed, pursuant to the Treaty for the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, dated February 3, 1944, ``to give preferential attention to the solution of all border sanitation problems''. (3) The United States and Mexico recognize the need for utilization of reclaimed water to supply the growing needs of the City of Tijuana, Mexico, and the entire border region. (4) Current legislative authority regarding funding of the IWTP limits the geographic scope of proposed options for treatment of effluent from the IWTP. (5) This Act provides authority to take action to address the comprehensive treatment of sewage emanating from the Tijuana River in order to substantially reduce river and ocean pollution in the San Diego border region and to exploit effective reclamation opportunities. SEC. 3. PURPOSES. The purposes of this Act are as follows: (1) Subject to the negotiation and approval of a new or modified Treaty Minute, to authorize the Commission to provide for secondary treatment of effluent of the IWTP in Mexico. (2) Subject to the negotiation and approval of a new or modified Treaty Minute, to authorize the Commission to provide for the development of a privately-funded Mexican Facility, through the execution of a fee-for-services contract with the owner of such facility, in order to provide for-- (A) secondary treatment of effluent from the IWTP, if such treatment is not provided for at a facility in the United States; and (B) additional capacity for primary and secondary treatment of up to 50 million gallons per day of sewage in order to fully address the trans-border sanitation problem. (3) To request the Secretary to initiate negotiations with Mexico, within 60 days after the date of the enactment of this Act, for a new Treaty Minute, or a modification of Treaty Minute 283, so as to allow for the siting of sewage treatment facilities in Mexico, provide for additional treatment capacity (up to 50 million gallons per day) for the treatment of additional sewage emanating from the Tijuana area, and to address other matters necessary for compliance with the provisions of this Act. (4) To provide such other authority as may be necessary to implement a comprehensive solution to the trans-border sanitation problem as soon as practicable. SEC. 4. ACTIONS TO BE TAKEN BY COMMISSION. (a) Authority To Provide for Secondary Treatment.--Subject to the negotiation and conclusion of a new Treaty Minute or the amendment of Treaty Minute 283, and notwithstanding section 510(b)(2) of the Water Quality Amendments Act of 1987, the Commission is authorized to provide for the secondary treatment of effluent from the IWTP in Mexico. (b) Authority to Enter Into Contract With Mexican Facility.-- (1) In general.--Notwithstanding any other provision of law, to provide for sewage treatment in Mexico, the Commission is authorized to enter into a fee-for-services contract with the owner of the Mexican Facility. (2) Requirements for contract.--The fee-for-services contract referred to in paragraph (1) shall provide for the following: (A) The secondary treatment of effluent from the IWTP, if such treatment is not provided for at a facility in the United States. (B) The primary and secondary treatment of up to 50 million gallons per day of additional sewage from the Tijuana area so as to ensure to the extent possible that untreated sewage will not flow into the United States through the Tijuana River. (C) Transportation of the advance primary effluent from the IWTP to the Mexican Facility for secondary treatment. (D) Treatment of effluent from the IWTP to the secondary level in a manner that is in compliance with applicable water quality laws of the United States, California, and Mexico. (E) Return conveyance of any such treated effluent that cannot be reused in either Mexico or the United States to the South Bay Ocean Outfall for disposition into the Pacific Ocean. (F) Sewage treatment capacity which provides for primary and secondary treatment of up to 50 million gallons per day of sewage in addition to the capacity required to treat the advanced primary effluent from the IWTP. (G) A contract term of 30 years. (H) Appropriate arrangements for the monitoring and verification of compliance with applicable United States, California, and Mexican water quality standards. (I) Arrangements for the appropriate disposition at a location or locations in Mexico of sludge produced from the IWTP and the Mexican Facility. (J) Payment of appropriate fees by the Commission to the owner of the Mexican Facility for sewage treatment services with the annual amount payable to reflect all costs associated with the development, construction, operation, and financing of the Mexican Facility. (K) Provision for transfer of ownership of the Mexican Facility to the United States if the Commission fails to perform its obligations under the fee-for- services contract, and provision for a cancellation fee by the United States to the owner of the Mexican Facility, which shall be established in amounts declining over the term of the contract anticipated to be sufficient to repay construction debt and other amounts due to the owner that remain unamortized due to early termination of the contract. SEC. 5. NEGOTIATION OF NEW TREATY MINUTE. (a) Congressional Statement.--In light of the existing threat to the environment and to public health and safety within the United States as a result of the river and ocean pollution in the San Diego United States-Mexico border region, the Secretary is requested to give the highest priority to the negotiation and execution of a new Treaty Minute, or a modification of Treaty Minute 283, consistent with the provisions of this Act, in order that the other provisions of this Act to address such pollution may be implemented as soon as possible. (b) Negotiation.--The Secretary is requested to initiate, not later than 60 days after the date of the enactment of this Act, negotiations with Mexico for a new Treaty Minute or a modification of Treaty Minute 283 consistent with the provisions of this Act. (c) Terms of Treaty Minute.--A new Treaty Minute or a modification of Treaty Minute 283 under this section shall address the following: (1) A requirement that such new or modified Treaty Minute be subject to the provisions of the National Environmental Policy Act of 1969 (NEPA). (2) The ability to site treatment facilities in Mexico and in the United States. (3) The ability to carry out at the Mexican Facility the secondary treatment of effluent from the IWTP, if such treatment is not provided for at a facility in the United States. (4) The ability to carry out at the Mexican Facility the primary and secondary treatment of sewage at a capacity up to 50 million gallons per day, in addition to the capacity for the advanced primary effluent from the IWTP, to be funded by the United States. (5) The ability to obtain such approvals from the Government of Mexico as are needed to verify and enforce water quality standards at the Mexican Facility. (6) The ability to allow for the use in the United States, in a manner consistent with applicable Federal and State law, of treated effluent from the Mexican Facility, if there is reclaimed water that is surplus to the needs of users in Mexico. (7) Any other terms and conditions considered necessary by the Secretary in order to fully implement the provisions of this Act. SEC. 6. LIMITATION ON USE OF FUNDS. (a) Limitation.--Except as provided in subsection (b), none of the funds appropriated for any fiscal year to the Environmental Protection Agency may be used for making grants authorized under section 510 of the Water Quality Act of 1987 that exceed a total of $239,400,000, and the Administrator of the Environmental Protection Agency shall take no action to obligate any funds under such section if the impact on the total program cost to the Environmental Protection Agency of such action would exceed $239,400,000. (b) Exception.--The limitations under subsection (a) do not apply if the Governments of the United States and Mexico enter into a new Treaty Minute or a renegotiation of Treaty Minute 283 that gives effect to the provisions specified in section 5(c). SEC. 7. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the United States section of the International Boundary and Water Commission, United States and Mexico. (2) IWTP.--The term ``IWTP'' means the Advanced Primary Wastewater Treatment Facility constructed under the provisions of the Federal Water Pollution Control Act of 1987, section 510 of the Water Quality Amendments Act of 1987, and Treaty Minutes to the Treaty for the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, dated February 3, 1944. (3) Secretary.--The term ``Secretary'' means the Secretary of State. (4) Mexican facility.--The term ``Mexican Facility'' means the proposed public/private wastewater treatment facility to be constructed within Mexico for the purpose of treating sewage flows generated within Mexico, which flows impact the surface waters, health, and safety of the United States and Mexico. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Permits the Commission to enter into a fee-for-services contract with the owner of the Mexican Facility (proposed wastewater treatment facility to be constructed within Mexico for treating sewage flows generated within Mexico, which flows impact U.S. and Mexican surface waters, health, and safety). Sets forth contract requirements. Requests the Secretary of State to give the highest priority to the negotiation and execution of a new Treaty Minute or a modification of Treaty Minute 283 in order that the other provisions of this Act to address river and ocean pollution in the San Diego U.S.-Mexico border region may be implemented as soon as possible. Requests the Secretary to initiate such negotiations with Mexico. Limits the amount of grants that may be made for the construction of certain treatment works in San Diego, California, pursuant to the Water Quality Act of 1987. Makes such limitation inapplicable if the Governments of the United States and Mexico enter into a new Treaty Minute or a renegotiation of Treaty Minute 283 pursuant to this Act. Authorizes appropriations.

United States-Mexico Border Sewage Cleanup Act of 1999

SECTION 1. AUTHORIZATIONS OF APPROPRIATIONS. (a) Federal Council on the Aging.--Section 204(g) of the Older Americans Act of 1965 (42 U.S.C. 3015(g)) is amended by striking ``$300,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 1999 through 2001''. (b) Administration.--Section 215 of such Act (42 U.S.C. 3020f) is amended-- (1) in subsection (a), by striking ``fiscal years 1992, 1993, 1994, and 1995'' and inserting ``fiscal years 1999 through 2001''; and (2) in subsection (b), by striking paragraph (1) and inserting the following: ``(1) $29,000,000 for each of fiscal years 1999 through 2001; and''. (c) Grants for State and Community Programs on Aging.--Section 303 of such Act (42 U.S.C. 3023) is amended-- (1) in subsection (a)(1), by striking ``$461,376,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 1999 through 2001''; (2) in subsection (b)-- (A) in paragraph (1), by striking ``$505,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 1999 through 2001''; (B) in paragraph (2), by striking ``$120,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 1999 through 2001''; and (C) in paragraph (3), by striking ``$15,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 1999 through 2001''; (3) in subsection (d), by striking ``$45,388,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 1999 through 2001''; (4) in subsection (e), by striking ``the fiscal years 1992, 1993, 1994, and 1995'' and inserting ``fiscal years 1999 through 2001''; (5) in subsection (f), by striking ``$25,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 1999 through 2001''; and (6) in subsection (g), by striking ``$15,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 1999 through 2001''. (d) Availability of Surplus Commodities.--Section 311(c)(1)(A) of such Act (42 U.S.C. 3030a(c)(1)(A)) is amended by striking ``$250,000,000 for fiscal year 1992, $310,000,000 for fiscal year 1993, $380,000,000 for fiscal year 1994, and $460,000,000 for fiscal year 1995'' and inserting ``$460,000,000 for each of fiscal years 1999 through 2001''. (e) Training, Research, and Discretionary Projects and Programs.-- Section 431 of such Act (42 U.S.C. 3037) is amended-- (1) in subsection (a)(1), by striking ``$72,000,000 for fiscal year 1992, and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 1999 through 2001''; and (2) in subsection (b), by striking ``$450,000 for each of fiscal years 1992, 1993, 1994, and 1995'' and inserting ``$450,000 for each of fiscal years 1999 through 2001''. (f) Community Service Employment for Older Americans.--Section 508(a)(1) of such Act (42 U.S.C. 3056f(a)(1)) is amended by striking ``$470,671,000 for fiscal year 1992, and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 1999 through 2001''. (g) Grants for Native Americans.--Section 633(a) of such Act (42 U.S.C. 3057n(a)) is amended by striking ``$30,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 1999 through 2001''. (h) Allotments for Vulnerable Elder Rights Protection Activities.-- Section 702 of such Act (42 U.S.C. 3058a) is amended-- (1) in subsection (a), by striking ``$40,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 1999 through 2001''; (2) in subsection (b), by striking ``$15,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 1999 through 2001''; (3) in subsection (c), by striking ``$10,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 1999 through 2001''; and (4) in subsection (d), by striking ``$15,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 1999 through 2001''. (i) Native American Program.--Section 751(d) of such Act (42 U.S.C. 3058aa(d)) is amended by striking ``$5,000,000 for fiscal year 1992, and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 1999 through 2001''. SEC. 2. TRANSFERS. Section 308(b) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)) is amended-- (1) in paragraph (4)(B)-- (A) by striking ``fiscal year 1993, 1994, 1995, or 1996'' and inserting ``a fiscal year''; and (B) by striking ``need--'' and all that follows and inserting ``need, an additional 10 percent of the funds so received for the fiscal year.''; and (2) in paragraph (5)-- (A) in subparagraph (A), by striking ``not more than 30 percent for fiscal year 1993, not more than 25 percent for fiscal year 1994, not more than 25 percent for fiscal year 1995, and not more than 20 percent for fiscal year 1996'' and inserting ``not more than 20 percent for the fiscal year involved''; and (B) in subparagraph (B)-- (i) by striking ``(B)(i)'' and all that follows through ``(ii) If'' and inserting ``(B) If''; and (ii) by striking ``for fiscal year 1996'' and inserting ``for a fiscal year''.

Amends the Older Americans Act of 1965 to authorize appropriations for FY 1999 through 2001 for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for vulnerable elder rights protection activities; and (9) the Native American Program. Revises guidelines governing the transfer between specified grant programs of certain Federal funds received by a State.

To amend the Older Americans Act of 1965 to extend the authorizations of appropriations for that Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accurate Education for Prenatal Screenings Act''. SEC. 2. CELL-FREE DNA PRENATAL SCREENING EDUCATION PROGRAMS. Part B of title III of the Public Health Service Act is amended by inserting, after section 317T (42 U.S.C. 247b-22), the following: ``SEC. 317U. CELL-FREE DNA PRENATAL SCREENING EDUCATION PROGRAMS. ``(a) Education Programs.--With respect to cell-free DNA prenatal screening, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop, implement, and maintain two programs, one for patients and one for health care providers, to educate patients and health care providers regarding matters including-- ``(1) the purposes and definitions of such screenings; ``(2) the reasons for patients and health care providers to consider such screenings; ``(3) the conditions such screenings may detect, including accurate and up-to-date information about such conditions' clinical features, prognoses, and treatments according to relevant national disability organizations and medical professional societies; ``(4) the risks and benefits of, and alternatives to, the various methods of administering such screenings and prenatal diagnostic testings, including the option to forego such screenings and testings, as per guidelines established by medical professional societies; ``(5) the possible results of such screenings; ``(6) the accuracy of the results of such screenings, including positive predictive value, negative predictive value, specificity, sensitivity, the inability of such screenings to reliably diagnose chromosomal abnormalities, and the fact that such screenings may yield false-positive and false-negative results; ``(7) the need for diagnostic testing, and counseling by a genetics professional, for patients whose screenings yield positive, abnormal, or indeterminate results; and ``(8) the need for communication of screening results to patients and appropriate follow up per guidelines established by medical professional societies. ``(b) Materials.--Each program developed under this section shall include the provision of materials that-- ``(1) contain information that is peer-reviewed, balanced, accurate, and up-to-date; ``(2) enable the respective target audience to understand the available options with regards to cell-free DNA prenatal screenings, other prenatal screenings, and diagnostic tests; ``(3) promote the informed consent, and enhance the decision-making processes of, the respective target audience before and after such screenings; ``(4) contain information that appropriately addresses the diversity of the patient population, including patients proficient in languages other than English; and ``(5) contain contact information for relevant services and support organizations for patients. ``(c) Assessment.--In developing, implementing, and maintaining programs and materials under this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(1) consult with relevant medical professional, disability support, patient advocacy, parents, and genetics professionals organizations; ``(2) consult with companies and laboratories that perform cell-free DNA prenatal screenings or develop the technologies for such screenings; ``(3) assess and evaluate existing education activities and materials for health care providers and patients related to such screenings; and ``(4) take the results of such consultations, assessment, and evaluation into account in developing educational programs and materials under this section. ``(d) Annual Report.--Not later than 16 months after the date of enactment of this section and annually thereafter, the Secretary shall submit a progress report to the Congress with respect to-- ``(1) the development and implementation of the education programs established under this section; ``(2) the accessibility of each program to its respective target audience; ``(3) the adoption of each program by its respective target audience; and ``(4) the Secretary's efforts to ensure health care providers and patients receive the materials created pursuant to this section. ``(e) Deadline.--The Secretary shall develop and implement the education programs required by section 317U of the Public Health Service Act (as added by subsection (a)) not later than 1 year after the date of enactment of this Act''.

Accurate Education for Prenatal Screenings Act Amends the Public Health Service Act to direct the Centers for Disease Control and Prevention (CDC) to develop, implement, and maintain two programs, one to educate patients and one to educate health care providers regarding: the purposes and definitions of cell-free DNA prenatal screenings; the reasons for patients and providers to consider such screenings; the conditions such screenings may detect; the risks and benefits of, and alternatives to, the various methods of administering such screenings and prenatal diagnostic testing; the possible results of such screenings and the accuracy of such results; the need for diagnostic testing, and counseling by a genetics professional, for patients whose screenings yield positive, abnormal, or indeterminate results; and the need for communication of results to patients and appropriate follow-up per guidelines established by medical professional societies. Requires each program to provide materials that: contain information that is peer-reviewed, balanced, accurate, and up-to-date; enable the respective target audience to understand the available options with regard to such screenings, other prenatal screenings, and diagnostic tests; promote the informed consent of, and enhance the decision-making processes of, the respective target audience before and after such screenings; contain information that appropriately addresses the diversity of the patient population; and contain contact information for relevant services and support organizations for patients. Requires CDC to submit annual reports regarding: the development and implementation of such programs; the accessibility of each program to, and the adoption of each program by, its respective target audience; and CDC's efforts to ensure that providers and patients receive the materials created pursuant to this Act.

Accurate Education for Prenatal Screenings Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adult Day Achievement Center Enhancement Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Multiple sclerosis (or MS) is a chronic, often disabling disease that attacks the central nervous system, which is made up of the brain, spinal cord, and optic nerves. Most people with multiple sclerosis are diagnosed between the ages of 20 and 50 years of age. (2) The symptoms of MS may be mild, such as numbness in the limbs, or severe, such as paralysis or loss of vision. The progress, severity, and specific symptoms of MS are unpredictable and vary from one person to another. (3) Persons living with MS who experience more severe forms of MS are likely to require either home care or nursing home placement, though the vast majority would prefer to remain at home to receive the care they need. Where home care is concerned, approximately 80 percent of such care is provided by informal, unpaid, caregivers who are generally family members. (4) Family caregivers of people with MS generally average 60 years of age. Almost half spend more than 20 hours per week providing care for their family member living with MS and have been fulfilling this role on average for over 13 years. (5) In general, family caregivers, the majority of whom are women, provide an estimated $306,000,000,000 in ``free'' services annually. The pool of potential family caregivers is dwindling, from 11 potential caregivers for each person needing care today to a projected 4 to 1 ratio by 2050. (6) Recent studies indicate that the total estimated cost to employers for full-time employees with intensive caregiving responsibilities is $17,100,000,000. The total estimated cost to employers for all full-time, employed caregivers is $33,600,000,000 annually. (7) Adult day programs can offer services, including medical care, rehabilitation therapies, dignified assistance with activities of daily living, nutrition therapy, health monitoring, social interaction, stimulating activities, and transportation, to seniors, people with disabilities, and younger adults with chronic diseases. (8) Adult day programs geared toward people living with MS, or other similar diseases, provide an important response to the needs of people with severe MS and their caregivers. These MS Adult Day Programs (MSADPs) can help to ameliorate MS symptoms, reduce dependency, provide important socialization opportunities, and maintain quality of life. (9) MSADP programs have been shown to provide a range of documented benefits to people living with MS including improvements in functional status, fatigue, depression, pain and social support. MSADPs also reduce ongoing medical care and hospital costs and decrease admissions to nursing home facilities, which can be costly for many families, by allowing individuals to receive health and social services while continuing to live at home. (10) There are less than a dozen MSADPs in the United States at present and as a result the majority of people living with MS are unable to access this important opportunity for maximizing their health and wellness. Although people living with MS may be able to access other existing adult day programs, such programs are not typically intended for younger adults living with chronic diseases like MS, and may not provide the appropriate services to meet the age-related or disability status of these individuals. SEC. 3. ESTABLISHMENT OF ADULT DAY PROGRAMS. (a) Survey of Existing Adult Day Programs.-- (1) In general.--Not later than 90 days after the date of the enactment of this section, the Assistant Secretary for Aging shall initiate a comprehensive survey of current adult day programs that provide care and support to individuals living with multiple sclerosis, including any multiple sclerosis adult day programs and other similar adult day programs as defined in this Act. (2) Survey elements.--In carrying out the survey under paragraph (1), the Assistant Secretary for Aging may utilize existing publicly available research on adult day programs, and shall-- (A) identify ongoing successful MSADPs and other similar adult day programs, including by providing a brief description of how such programs were initially established and funded; (B) develop a set of best practices to help guide the establishment and replication of additional successful MSADPs and other similar adult day programs, including-- (i) program guidelines; (ii) recommendations on the scope of services that should be provided (which may include rehabilitation therapy, psychosocial support, social stimulation and interaction, and spiritual, educational, or other such services); and (iii) performance goals and indicators to measure and analyze the outcomes generated by the services provided and to evaluate the overall success of the program; and (C) evaluate the extent to which the Administration on Aging supports MSADPs and other similar adult day programs, either directly or indirectly, through current Federal grant programs. (3) Report.--Not later than 180 days after initiating the survey under paragraph (1), the Assistant Secretary for Aging shall produce and make publicly available a summary report on the results of the survey. Such report shall include each of the elements described in paragraph (2). (b) Establishment of Grant Program.-- (1) In general.--Not later than 90 days after producing the report required by subsection (a)(3), the Assistant Secretary for Aging shall establish within the Administration on Aging a competitive grant program for awarding grants annually to eligible entities, based on the best practices developed under subsection (a), to fund MSADPs and other similar adult day programs. (2) Eligible entities.--In order to be eligible for a grant under this subsection, an entity shall demonstrate the following: (A) Understanding of the special needs of people living with multiple sclerosis or other similar diseases, including their functional abilities and the potential complications across all types of cases and stages of multiple sclerosis or other such similar diseases. (B) Understanding of the issues experienced by family caregivers who assist a family member with multiple sclerosis or another such similar disease. (C) A capacity to provide the services recommended by the best practices developed under subsection (a). (3) Additional selection requirement.--The Assistant Secretary for Aging shall not award a grant to an entity under this subsection if the amount of the award would constitute more than 40 percent of the operating budget of the entity in the fiscal year for which funds for the grant are authorized to be expended. For purposes of this subsection, the fair market value of annual in-kind contributions of equipment or services shall be considered as part of the operating budget of the entity. (4) Selection of grant recipients.--Not later than 90 days after establishing the grant program under this subsection, the Assistant Secretary for Aging shall award the first annual series of grants under the program. In awarding grants under this subsection, the Assistant Secretary should ensure, to the extent practicable, a diverse geographic representation among grant recipients and that, subject to the availability of appropriations-- (A) a minimum of 5 entities are selected as grant recipients for the first fiscal year for which such grants are awarded; (B) a minimum of 10 entities are selected as grant recipients for the second such fiscal year; (C) a minimum of 12 entities are selected as grant recipients for the third such fiscal year; and (D) a minimum of 15 entities are selected as grant recipients for the fourth such fiscal year. (5) Report.--No later than 1 year after the initial award of grants under this subsection, and annually thereafter, the Assistant Secretary for Aging shall produce and make publicly available a brief summary report on the grant program under this section. Each such report shall include the following: (A) A description of the adult day programs receiving funding under this section, including the amount of Federal funding awarded and the expected outcomes of each program. (B) A description of performance goals and indicators to monitor the progress of grant recipients in-- (i) responding to the needs of individuals living with multiple sclerosis or other such similar chronic diseases; and (ii) assisting the family caregivers of such individuals. (C) Any plans for improving oversight and management of the grant program. (c) Definitions.--In this Act: (1) The term ``multiple sclerosis adult day program'' or ``MSADP'' means an adult day program that provides comprehensive and effective care and support services to individuals living with multiple sclerosis and their family caregivers and that may assist participants in ways that-- (A) maintain or improve their functional abilities, or otherwise help them adjust to their changing functional abilities; (B) prevent the onset of complications associated with severe forms of the disease; (C) promote alternatives to placement in nursing homes; (D) reduce the strain on family caregivers taking care of a family member with multiple sclerosis; or (E) focus on supporting the emotional, social, and intellectual needs of a younger adult population. (2) The term ``other similar adult day program'' means an adult day program that provides a set of services similar to those of an MSADP, but for individuals living with other chronic diseases similar to multiple sclerosis that affect an individual's central nervous system, and that may result in a functional or degenerative disability. (3) The term ``family caregiver'' means a family member or foster parent who provides unpaid assistance (which may include in-home monitoring, management, supervision, care and treatment, or other similar assistance) to another adult family member with a special need. (d) Authorization of Appropriations.--To carry out this section, in addition to amounts otherwise made available for such purpose, there are authorized to be appropriated, and to remain available until expended, the following: (1) $1,000,000 for fiscal year 2011. (2) $3,000,000 for fiscal year 2012. (3) $6,000,000 for fiscal year 2013. (4) $8,000,000 for fiscal year 2014. (5) $10,000,000 for fiscal year 2015.

Adult Day Achievement Center Enhancement Act - Requires the Assistant Secretary for Aging to initiate a comprehensive survey of current adult day programs that provide care and support to individuals living with multiple sclerosis, to include: (1) identifying ongoing successful multiple sclerosis adult day programs (MSADPs) and other similar adult day programs; and (2) developing a set of best practices to help guide the establishment and replication of additional successful MSADPs and other similar adult day programs. Directs the Assistant Secretary to establish a competitive grant program for awarding grants annually to fund MSADPs and other similar adult day programs. Defines an MSADP as an adult day program that provides comprehensive and effective care and support services to individuals living with multiple sclerosis and their family caregivers and that may assist participants in ways that: (1) maintain or improve their functional abilities or otherwise help them adjust to their changing functional abilities; (2) prevent the onset of complications associated with severe forms of the disease; (3) promote alternatives to placement in nursing homes; (4) reduce the strain on family caregivers taking care of a family member with multiple sclerosis; or (5) focus on supporting the emotional, social, and intellectual needs of a younger adult population.

To expand and enhance existing adult day programs for people with multiple sclerosis or other similar diseases, to support and improve access to respite services for family caregivers who are taking care of such people, and for other purposes.

SECTION 1. FINDINGS. The Congress finds the following: (1) 99ers are a group of people whose numbers have increased six fold in the past 3 years, and comprise nearly 10 percent of the unemployment in the third quarter of 2010 (Department of Labor). (2) From December 2007 to October 2010, the unemployment rate for persons unemployed for more than 99 weeks rose from 0.1 percent to 1.0 percent with an estimate taken in October of 2010 of 1.4 million very long-term unemployed (CRS - R41559). (3) Before extended benefits expired on November 30, 2010, 24 States and Washington, District of Columbia, offered the full 99 weeks of unemployment benefits, 6 States offered unemployment benefits for 93 weeks, 5 States had unemployment benefits for 86 weeks, 9 States allowed 73 weeks, and 5 States were at 60 weeks, with only Mississippi offering 79 weeks of unemployment benefits (The Center on Budget and Policy Priorities). (4) The number of unemployed persons in December 2010 dropped to 14.5 million with an unemployment rate of 9.4 percent (Department of Labor). SEC. 2. WORK OPPORTUNITY CREDIT FOR 99ERS. (a) In General.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, or'', and by adding at the end the following: ``(J) a 99er.''. (b) 99er Defined.--Subsection (d) of section 51 of such Code is amended by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively, and by inserting after paragraph (10) the following: ``(11) 99er.-- ``(A) In general.--The term `99er' means an individual who, before the end of the 2-year period beginning on the date of the enactment of this paragraph, is certified by the designated local agency as having exhausted all rights to emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008 during the period beginning on December 1, 2007, and ending on the hiring date. ``(B) Exhaustion of rights.--An individual shall be considered to satisfy subparagraph (A) only if-- ``(i) no payments of emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008 can be made because-- ``(I) such individual has received the maximum level of regular compensation, extended compensation, and emergency unemployment compensation within their State, or ``(II) such individual's rights to such compensation have been terminated by reason of section 4007(b)(3) of such Act, and ``(ii) in the case of an individual to whom an election described in section 4001(e) of such Act applies, no payments of extended compensation can be made under the applicable State law because-- ``(I) such individual has exhausted the maximum level of regular compensation, extended compensation, and emergency unemployment compensation applicable within their State, or ``(II) such individual's rights to such compensation have been terminated by reason of such individual has exhausted the maximum level of such compensation applicable within their State. ``(C) Definitions.--For purposes of this paragraph-- ``(i) the terms `regular compensation', `extended compensation', and `State law' have the respective meanings given them under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970, and ``(ii) the term `employment' has the meaning given such term under the applicable State law. ``(D) Special rules.-- ``(i) First-year credit amount for individuals performing between 120 and 400 hours of service.--Notwithstanding subsection (i)(3)(B), in the case of qualified first year wages paid to a 99er who has performed at least 120 hours, but less than 400 hours, of service for the employer, subsection (a) shall be applied by substituting `25 percent' for `40 percent'. ``(ii) Second-year credit amount.--With respect to the employment of a 99er, the amount of the work opportunity credit determined under this section for the taxable year shall include 25 percent of the qualified second-year wages for such year. ``(E) Qualified second-year wages.--The term `qualified second-year wages' means qualified wages-- ``(i) which are paid to a 99er, and ``(ii) which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such recipient determined under subsection (b)(2). ``(F) Limitation on wages per year taken into account.--For purposes of this paragraph, the amount of the qualified first-year wages and qualified second- year wages which may be taken into account with respect to any individual shall not exceed $10,000 per year. ``(G) Credit made refundable.-- ``(i) In general.--In the case of an eligible employer of an employee, the aggregate credits allowed to a taxpayer under subpart C shall be increased by the credit which would be allowed under this section by reason of subsection (d)(1)(J), without regard to this subparagraph and sections 38(c) and 52(c). The amount of the credit allowed under this subparagraph shall not be treated as a credit allowed under section 38. ``(ii) Eligible employer.--For purposes of this subsection, the term `eligible employer' means an employer which is-- ``(I) a State or political subdivision thereof, the District of Columbia, a possession of the United States, or an agency or instrumentality of any of the foregoing, or ``(II) any organization described in section 501(c) and exempt from taxation under section 501(a).''. (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow employers a work opportunity tax credit for hiring a 99er (defined by this Act as an individual who has exhausted all rights to emergency unemployment compensation under the Supplemental Appropriations Act, 2008 during the period beginning on December 1, 2007, and ending on the individual's hiring date). Reduces the amount of such credit (40% to 25%) for employees who remain employed for 120 hours, but less than 400 hours, and in the second year of employment.

To amend the Internal Revenue Code of 1986 to include individuals who have exhausted all rights to emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008 as a targeted group for purposes of the work opportunity tax credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Explosives for Homeland Security Act''. SEC. 2. PREVENTION OF UNAUTHORIZED ACCESS TO EXPLOSIVE MATERIALS STORED BY STATE OR LOCAL AGENCIES. (a) Reports on Locations, Types, and Amounts of Stored Explosive Materials.-- (1) Initial reports.--Within 6 months after the date of the enactment of this Act, each State shall submit to the Attorney General a written report that specifies each location at which any agency operating under State law stores or keeps explosive materials that have been shipped or transported in interstate or foreign commerce, and the types and amounts of such materials stored or kept at the location. (2) Subsequent reports.--At such times as the Attorney General shall provide in regulations, each State shall submit to the Attorney General a written report that updates the most recent report submitted by the agency pursuant to this subsection. (b) Regulations Governing Storage of Explosive Materials.--Within 6 months after the date of the enactment of this Act, the Attorney General shall prescribe final regulations governing the storage and keeping by State or local agencies of explosive materials that have been shipped or transported in interstate or foreign commerce. The regulations shall set forth the standards of public safety and security against theft which any place at which explosive materials that have been shipped or transported in interstate or foreign commerce are so stored or kept shall meet, and shall, at a minimum, require any such place to be subject to video surveillance or to have in operation an alarm system capable of notifying the agency of unauthorized entry. (c) Inspection Authority.--The Attorney General may enter during business hours any place where a State or local agency stores or keeps explosive materials that have been shipped or transported in interstate or foreign commerce, for the purpose of inspecting the explosive materials and determining whether the materials are being stored or kept in compliance with the regulations prescribed under subsection (b). (d) Authority to Impose Penalty for Noncompliance.-- (1) Authority to reduce grants.--If a State or local agency fails to comply with this section or any regulation prescribed under this section, the Attorney General may reduce by 10 percent the funds that the agency would otherwise receive, or would otherwise be allocated, under any grant program of the Department of Justice. (2) Reallocation of funds.--Any funds that are not allocated to a State or local agency by reason of paragraph (1) shall be reallocated to other State or local agencies whose grants are not reduced by reason of paragraph (1). SEC. 3. MATCHING GRANTS. (a) Application.--A State or local agency may submit to the Secretary of Homeland Security an application for a grant under this section, which shall contain-- (1) a good faith estimate of the total amount the agency will need to expend to comply with the regulations prescribed under section 2(b); and (2) a certification that the agency has obtained commitments to receive from State or local sources sums totalling not less than \1/2\ of the amount referred to in paragraph (1), and will expend the sums to achieve such compliance. (b) Grant Authority.--The Secretary of Homeland Security may make a grant under this section to an applicant therefor if-- (1) the application contains the information required by subsection (a)(1) of this section; and (2) the applicant has submitted to the Secretary of Homeland Security all reports required from the applicant by or under section 2(a). (c) Amount of Grant.--The amount of the grant to be made to an applicant under this section shall not exceed \1/2\ of the amount set forth in the application pursuant to subsection (a)(1). (d) Use of Grant.--An applicant who receives a grant under this section shall use the grant only to cover the cost of complying with the regulations prescribed under section 2(b). (e) Limitations on Authorization of Appropriations.--For grants under this section, there are authorized to be appropriated to the Secretary of Homeland Security $10,000,000, without fiscal year limitation. SEC. 4. DEFINITIONS. In this Act: (1) Explosive materials.--The term ``explosive materials'' has the meaning given in section 841(c) of title 18, United States Code. (2) Agency.--The term ``agency'' does not include any component of the National Guard. (3) State.--The term ``State'' includes the District of Columbia.

Safeguarding Explosives for Homeland Security Act - Requires each state to submit to the Attorney General a written report (and subsequent updates) that specifies each location at which any agency operating under state law stores or keeps explosive materials that have been transported in interstate or foreign commerce and the types and amounts of such materials. Directs the Attorney General to prescribe final regulations governing the storage of such materials by state or local agencies, including public safety and security standards and requirements for video surveillance or an alarm system. Authorizes the Attorney General to enter during business hours any place where a state or local agency stores explosive materials that have been transported in interstate or foreign commerce, for the purpose of inspecting and determining whether they are stored in compliance with such regulations. Authorizes the Attorney General to reduce by 10% the funds that an agency would otherwise receive under any Department of Justice grant program if it fails to comply. Authorizes the Secretary of Homeland Security to make matching grants to state and local law enforcement agencies to cover the cost of complying with such regulations.

To enhance homeland security by preventing unauthorized access to explosive materials stored by State or local agencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Servicemembers Online Act of 2017''. SEC. 2. PROHIBITION ON NONCONSENSUAL DISTRIBUTION OF PRIVATE SEXUAL IMAGES. (a) Prohibition.--Section 920c of title 10, United States Code (article 120c of the Uniform Code of Military Justice), is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): ``(d) Nonconsensual Distribution of Private Sexual Images.-- ``(1) In general.--Any person subject to this chapter who-- ``(A) knowingly broadcasts or distributes a visual image of another person who-- ``(i) is at least 18 years of age; ``(ii) is identifiable from the image itself or from information displayed in connection with the image; ``(iii) is engaged in a sexual act or exposes a private area; and ``(iv) had a reasonable expectation of privacy in the conduct depicted on the image; ``(B) knows that the image was to remain private; ``(C) knows that the person depicted in the image has not consented to the broadcast or distribution; and ``(D) broadcasts or distributes the image with the intent to harm, harass, intimidate, or coerce the person depicted in the image; is guilty of an offense under this subsection and shall be punished as a court-martial may direct. ``(2) Construction of certain broadcast or distribution.-- The broadcast or distribution by a person of a visual image of the person to one other particular person shall not, by itself, constitute consent for the broadcast or distribution of the visual image by that particular person to any other person or persons for purposes of this subsection.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to offenses committed on or after the date of the enactment of this Act. SEC. 3. PROHIBITION ON HARASSMENT. (a) Punitive Article.-- (1) In general.--Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 917 (article 117) the following new section (article): ``Sec. 917a. Art. 117a. Harassment ``(a) In General.--Any person subject to this chapter who-- ``(1) intentionally engages in a course of conduct, including broadcast or transmission by electronic means, with the intent to cause harm through directing harassing communications at one or more specific other persons; and ``(2) causes harm to the other person or persons, or to the military unit of the other person or persons, by the harassing communication; is guilty of an offense under this section and shall be punished as a court-martial may direct. ``(b) Definitions.--In this section: ``(1) The term `course of conduct' means a pattern of conduct consisting of two or more acts directed to a specific person or persons and evidencing a continuity of purpose. ``(2) The term `harassing communication' means a communication that-- ``(A) seriously intimidates or harasses another person or persons; ``(B) would cause a reasonable person to suffer substantial emotional distress; and ``(C) serves no military purpose.''. (2) Clerical amendment.--The table of sections at the beginning of subchapter X of chapter 47 of such title is amended by inserting after the item relating to section 917 (article 117) the following new item: ``917a. 117a. Harassment.''. (b) Coordination With UCMJ Reform.-- (1) In general.--Effective as of the effective date of the amendments made by division E of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328), as provided in section 5542(a) of that Act, and immediately after the coming into effect of such amendments, subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is further amended-- (A) by transferring section 917a (article 117a), as added by subsection (a), to appear after section 915 (article 115), as amended by section 5427 of the National Defense Authorization Act for Fiscal Year 2017; and (B) by redesignating such section (article), as so transferred, as section 915a (article 115a). (2) Clerical amendments.--Effective as of the effective date provided in paragraph (1), the table of sections at the beginning of subchapter X of chapter 47 of such title, as amended by section 5452 of the National Defense Authorization Act for Fiscal Year 2017, is further amended-- (A) by inserting after the item relating to section 915 (article 115) the following new item: ``915a. 115a. Harassment.''; and (B) by striking the item relating to section 917a (article 117a).

Protecting Servicemembers Online Act of 2017 This bill subjects to a court-martial under the Uniform Code of Military Justice a person who: knowingly broadcasts or distributes an identifiable visual image of another person who is at least 18 years old, who is engaged in a sexual act or exposes a private area, and who had a reasonable expectation of privacy in the depicted conduct; knows that the image was to remain private; knows that the depicted person has not consented to the broadcast or distribution; and broadcasts or distributes the image with the intent to harm, harass, intimidate, or coerce such person. The broadcast or distribution by a person of his or her visual image to one other particular person shall not by itself constitute consent for such image's broadcast or distribution by that particular person to any other person. The bill also subjects to a court-martial a person who: intentionally engages in a course of conduct with the intent to cause harm through directing harassing communications at another specific person; and causes harm to such person or to such person's military unit by such communication.

Protecting Servicemembers Online Act of 2017

SECTION 1. REMOTE MONITORING PILOT PROJECTS. (a) Pilot Projects.-- (1) In general.--Not later than 9 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall conduct pilot projects under title XVIII of the Social Security Act for the purpose of providing incentives to home health agencies to utilize home monitoring and communications technologies that-- (A) enhance health outcomes for medicare beneficiaries; and (B) reduce expenditures under such title. (2) Site requirements.-- (A) Urban and rural.--The Secretary shall conduct the pilot projects under this section in both urban and rural areas. (B) Site in a small state.--The Secretary shall conduct at least 1 of the pilot projects in a State with a population of less than 1,000,000. (3) Definition of home health agency.--In this section, the term ``home health agency'' has the meaning given that term in section 1861(o) of the Social Security Act (42 U.S.C. 1395x(o)). (b) Medicare Beneficiaries Within the Scope of Projects.--The Secretary shall specify the criteria for identifying those medicare beneficiaries who shall be considered within the scope of the pilot projects under this section for purposes of the application of subsection (c) and for the assessment of the effectiveness of the home health agency in achieving the objectives of this section. Such criteria may provide for the inclusion in the projects of medicare beneficiaries who begin receiving home health services under title XVIII of the Social Security Act after the date of the implementation of the projects. (c) Incentives.-- (1) Performance targets.--The Secretary shall establish for each home health agency participating in a pilot project under this section a performance target using one of the following methodologies, as determined appropriate by the Secretary: (A) Adjusted historical performance target.--The Secretary shall establish for the agency-- (i) a base expenditure amount equal to the average total payments made to the agency under parts A and B of title XVIII of the Social Security Act for medicare beneficiaries determined to be within the scope of the pilot project in a base period determined by the Secretary; and (ii) an annual per capita expenditure target for such beneficiaries, reflecting the base expenditure amount adjusted for risk and adjusted growth rates. (B) Comparative performance target.--The Secretary shall establish for the agency a comparative performance target equal to the average total payments under such parts A and B during the pilot project for comparable individuals in the same geographic area that are not determined to be within the scope of the pilot project. (2) Incentive.--Subject to paragraph (3), the Secretary shall pay to each participating home care agency an incentive payment for each year under the pilot project equal to a portion of the medicare savings realized for such year relative to the performance target under paragraph (1). (3) Limitation on expenditures.--The Secretary shall limit incentive payments under this section in order to ensure that the aggregate expenditures under title XVIII of the Social Security Act (including incentive payments under this subsection) do not exceed the amount that the Secretary estimates would have been expended if the pilot projects under this section had not been implemented. (d) Waiver Authority.--The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as the Secretary determines to be appropriate for the conduct of the pilot projects under this section. (e) Report to Congress.--Not later than 5 years after the date that the first pilot project under this section is implemented, the Secretary shall submit to Congress a report on the pilot projects. Such report shall contain a detailed description of issues related to the expansion of the projects under subsection (f) and recommendations for such legislation and administrative actions as the Secretary considers appropriate. (f) Expansion.--If the Secretary determines that any of the pilot projects under this section enhance health outcomes for medicare beneficiaries and reduce expenditures under title XVIII of the Social Security Act, the Secretary may initiate comparable projects in additional areas. (g) Incentive Payments Have No Effect on Other Medicare Payments to Agencies.--An incentive payment under this section-- (1) shall be in addition to the payments that a home health agency would otherwise receive under title XVIII of the Social Security Act for the provision of home health services; and (2) shall have no effect on the amount of such payments.

Directs the Secretary of Health and Human Services to conduct pilot projects under title XVIII (Medicare) of the Social Security Act for the purpose of providing incentives to home health agencies to utilize home monitoring and communications technology.

A bill to establish pilot projects under the medicare program to provide incentives for home health agencies to utilize home monitoring and communications technologies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Military Academy Bicentennial Commemorative Coin Act of 1993''. SEC. 2. COIN SPECIFICATIONS. (a) Five Dollar Gold Coins.-- (1) Issuance.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall issue not more than 50,000 $5 coins, which shall weigh 8.359 grams, have a diameter of 0.850 inches, and shall contain 90 percent gold and 10 percent alloy. (2) Design.--The design of the $5 coins shall be emblematic of the United States Military Academy and its motto ``Duty, Honor, Country''. On each such coin there shall be a designation of the value of the coin, an inscription of the year ``2002'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) One Dollar Silver Coins.-- (1) Issuance.--The Secretary shall issue not more than 250,000 $1 coins, which shall weigh 26.73 grams, have a diameter of 1.500 inches, and shall contain 90 percent silver and 10 percent copper. (2) Design.--The design of the $1 coins shall be emblematic of the United States Military Academy and its motto ``Duty, Honor, Country''. On each such coin there shall be a designation of the value of the coin, an inscription of the year ``2002'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Half Dollar Clad Coins.-- (1) Issuance.--The Secretary shall issue not more than 350,000 half dollar coins, each of which shall weigh 11.34 grams, have a diameter of 1.205 inches; and be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (2) Design.--The design of the half dollar coins shall be emblematic of the United States Military Academy and its motto ``Duty, Honor, Country''. On each such coin there shall be a designation of the value of the coin, an inscription of the year ``2002'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (d) Legal Tender.--The coins issued under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. SEC. 3. SOURCES OF BULLION. (a) Silver Bullion.--The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. (b) Gold Bullion.--The Secretary shall obtain gold for the coins minted under this Act pursuant to the authority of the Secretary under existing law. SEC. 4. SELECTION OF DESIGN. The design for each coin authorized by this Act shall be selected by the Secretary after consultation with the Commission of Fine Arts and the Bicentennial Steering Group, Association of Graduates, United States Military Academy. As required by section 5135 of title 31, United States Code, the designs shall also be reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF THE COINS. (a) Gold Coins.--The $5 coins authorized under this Act may be issued in uncirculated and proof qualities and shall be struck at the United States Bullion Depository at West Point. (b) Silver and Half Dollar Coins.--The $1 coins and the half dollar coins authorized under this Act may be issued in uncirculated and proof qualities, except that not more than 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality. (c) Commencement of Issuance.--The coins authorized under this Act shall be available for issue not later than March 16, 2002. (d) Sunset Provision.--No coins shall be minted under this Act after December 31, 2002. SEC. 6. SALE OF THE COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge provided in subsection (d) with respect to such coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount. (d) Surcharge Required.--All sales shall include a surcharge of $25 per coin for the $5 coins, $5 per coin for the $1 coins, and $1 per coin for the half dollar coins. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. No provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this Act. Nothing in this section shall relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. The total surcharges collected by the Secretary from the sale of the coins issued under this Act shall be promptly paid by the Secretary to the Association of Graduates, United States Military Academy to assist the Association of Graduates' efforts to provide direct support to the academic, military, physical, moral, and ethical development programs of the Corps of Cadets, United States Military Academy. SEC. 9. AUDITS. The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Association of Graduates, United States Military Academy as may be related to the expenditure of amounts paid under section 8. SEC. 10. NUMISMATIC PUBLIC ENTERPRISE FUND. The coins issued under this Act are subject to the provisions of section 5134 of title 31, United States Code, relating to the Numismatic Public Enterprise Fund. SEC. 11. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take all actions necessary to ensure that the issuance of the coins authorized by this Act shall result in no net cost to the United States Government. (b) Adequate Security for Payment Required.--No coin shall be issued under this Act unless the Secretary has received-- (1) full payment therefore; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

United States Military Academy Bicentennial Commemorative Coin Act of 1993 - Directs the Secretary of the Treasury to issue five-dollar gold coins, one-dollar silver coins, and half dollar clad coins emblematic of the U.S. Military Academy. Mandates that surcharges collected from coin sales be paid to the Association of Graduates, U.S. Military Academy, to assist its efforts to provide direct support to the Corps of Cadets, U.S. Military Academy.

United States Military Academy Bicentennial Commemorative Coin Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federalization of Crimes Uniform Standards Act of 2000''. SEC. 2. FINDINGS. Congress finds the following: (1) The State and Federal courts together comprise an intertwined system for the delivery of justice in the United States. The 2 court systems have played different but equally significant roles in the Federal system. The State courts have served as the chief tribunals for trials of criminal law cases. (2) The Federal courts have a more limited jurisdiction than the State courts with respect to criminal matters because of the fundamental constitutional principle that the Federal Government is a government of delegated power in which the residual power remains in the States. In criminal matters, the jurisdiction of the Federal courts should complement, not supplant, that of the State courts. (3) There is no sound justification for having 2 parallel justice systems. (4) Citizens should not be subject to different, competing law enforcement systems, different penalties depending on which system brings them to trial, and an ever-lengthening possibility that they might be tried for the same offense more than once. SEC. 3. COMMISSION TO REVIEW THE FEDERAL CRIMINAL CODE. (a) Establishment.--There is established a commission to be known as the ``Commission to Review the Federal Criminal Code''. (b) Duties.--The Commission shall have the following duties, which the Commission shall carry out through the Director: (1) To prepare Federal law enforcement impact statements in accordance with section 5. (2) To review Federal criminal offenses subject to section 6. (3) To carry out, in accordance with this Act, any other activity of the Commission under this Act. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 5 members appointed as follows: (A) 1 member appointed by the President pro tempore of the Senate. (B) 1 member appointed by the minority leader of the Senate. (C) 1 member appointed by the Speaker of the House of Representatives. (D) 1 member appointed by the minority leader of the House of Representatives. (E) 1 member appointed by the Chief Justice of the United States. (2) Disqualification.--A person who is an officer or employee of the United States may not be a member of the Commission. (3) Terms.--Each member shall be appointed for a term of 5 years. (4) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Basic Pay.--Members shall each be paid at the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (6) 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. (7) Quorum.--3 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (8) Chairperson.--The member appointed by the Chief Justice of the United States shall serve as the Chairperson of the Commission. (9) Meetings.--The Commission shall meet at the call of the Chairperson. (d) Staffing and Support Functions.-- (1) Director.--The Commission shall have a director who shall be appointed by the Chairperson. (2) Staff.--Subject to rules prescribed by the Commission, the Director may appoint additional personnel as the Commission considers appropriate. (3) 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, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (e) Powers.-- (1) 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. The Commission may administer oaths or affirmations to witnesses appearing before it. The Commission may establish rules for its proceedings. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. (3) 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. Upon request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission, unless doing so would threaten the national security, the health or safety or any individual, or the integrity of an ongoing investigation. (4) 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 title. (5) Reports.-- (A) The Commission shall submit to the Congress an initial report not later than 4 years after the date of the enactment of this Act. The report shall contain, for each Federal criminal offense subject to section 6 with a date of enactment on or before the date of the enactment of this Act, the contents specified in subparagraph (C) with respect to that offense. (B) For each Federal criminal offense subject to section 6 enacted after the date of the enactment of this Act, the Commission shall submit to the Congress, not later than 4 years after the date of the enactment of that offense, a report containing the contents specified in subparagraph (C) with respect to that offense. (C) The contents referred to in subparagraphs (A) and (B) are the findings, conclusions, and recommendations of the Commission as to the extent to which-- (i) that offense is within core Federal responsibilities; (ii) the efforts of States have proven inadequate to address the purposes served by that offense; and (iii) that offense imposes burdens on the Federal court system. (f) Termination.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Commission. SEC. 4. CONTROLS ON CERTAIN FEDERAL CRIMINAL LEGISLATION. (a) Point of Order.--It shall not be in order in either the House of Representatives or the Senate to consider any measure containing a provision that would increase the law enforcement responsibilities of the Federal Government, unless that measure is accompanied by a Federal law enforcement impact statement prepared in accordance with section 5. (b) Exercise of Rulemaking Powers.--The provisions of subsection (a) are enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of such House, respectively, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of each House. (c) Applicability.--This section shall apply to any consideration of a measure after the date that is 1 year after the date of the enactment of this Act. SEC. 5. FEDERAL LAW ENFORCEMENT IMPACT STATEMENT. (a) Preparation.--For each measure referred to in section 4 that is provided to the Commission by a Senator, Representative in (or Delegate or Resident Commissioner to) the Congress, or committee of the Senate or the House of Representatives, the Commission shall, as promptly as practicable-- (1) prepare a Federal law enforcement impact statement with respect to that measure; and (2) provide that statement to that Senator, Representative, or committee. (b) Contents.--A Federal law enforcement impact statement with respect to a measure shall, for each provision of that measure that would increase the law enforcement responsibilities of the Federal Government, contain the findings, conclusions, and recommendations of the Commission as to the following: (1) The extent to which that increase in responsibilities would occur only as to core Federal responsibilities. (2) The extent to which the efforts of States are inadequate to address the purposes to be served by that provision. (3) The extent to which the burdens imposed on the Federal court system with respect to that provision could be accommodated within the existing capacity, resources, and structure of that system. SEC. 6. DEFINITIONS. In this Act, the following definitions apply: (1) The term ``Commission'' means the Commission to Review the Federal Code established under section 3. (2) The term ``Director'' means the Director of the Commission. (3) The term ``measure'' means a bill or joint resolution, amendment thereto, or conference report thereof. (4) The term ``core Federal responsibilities'' mean the responsibilities of the Federal Government in enforcing the following offenses: (A) An offense directly against the Federal Government, including an offense directly against an officer, employee, agency, or instrumentality of the Federal Government. (B) An offense that proscribes an activity with respect to which a clear need for uniform Federal law enforcement exists, including an activity that-- (i) involves conduct of such an interstate or international nature, or of such magnitude or complexity, that a State acting singly cannot carry out effective law enforcement with respect to that conduct; or (ii) involves conduct of overriding national interest, such as interference with the exercise of constitutional rights.

(Sec. 4) Specifies that it shall not be in order in either the House of Representatives or the Senate to consider any measure containing a provision that would increase the law enforcement responsibilities of the Federal Government, unless that measure is accompanied by a Federal law enforcement impact statement. (Sec. 5) Directs the Commission, for each such measure that is provided to the Commission by a Member of Congress or a congressional committee, to promptly: (1) prepare a Federal law enforcement impact statement with respect to that measure; and (2) provide the statement to that Member or committee. Requires a Federal law enforcement impact statement, for each provision of that measure that would increase the law enforcement responsibility of the Government, to contain the findings, conclusions, and recommendations of the Commission as to the extent to which: (1) that increase in responsibilities would occur only as to core Federal responsibilities; (2) the efforts of States are inadequate to address the purposes to be served by that provision; and (3) the burdens imposed on the Federal court system with respect to that provision could be accommodated within the existing capacity, resources, and structure of that system.

Federalization of Crimes Uniform Standards Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rocky Mountain Forest Insects Response Enhancement and Support Act'' or the ``Rocky Mountain FIRES Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) fire beetles, bark beetles, and other insects that feed on trees are-- (A) natural parts of the Rocky Mountain forest ecology; and (B) shape the forest in a beneficial manner by thinning dense tree stands and promoting cyclical re- growth; (2) in various parts of the Rocky Mountain region large- scale infestations of bark beetles and other insects, in combination with other factors, have increased the likelihood of unusually severe wildfires that pose a threat to individuals and properties that are located in nearby communities; (3) increased wildfire danger is the result of numerous factors, including-- (A) a century-long policy of suppressing small fires on Federal land that, combined with a recent reduction in the quantity of timber harvested on Federal land, has resulted in unusually dense vegetation that can provide fuel for unusually severe wildfires; (B) a pronounced and prolonged drought that has weakened trees and made the trees more susceptible to wildfire and insects; and (C) population growth in the mountain communities adjacent to Federal land, and the development of ski areas and other recreational facilities on and in the vicinity of Federal land, that have increased the number of individuals, homes, and businesses at risk; (4) the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.) addressed the need to reduce the volume of fuel that can feed the most severe fires that threaten communities; and (5) provisions of that Act and other laws need to be modified to help reduce the increased risk of severe wildfires to communities in the Rocky Mountain region resulting from the effects of widespread infestations of bark beetles and other insects. (b) Purpose.--The purpose of this Act is to facilitate a more expeditious response by the Secretary of Agriculture and the Secretary of the Interior in reducing the increased risk of severe wildfires to communities in the Rocky Mountain region resulting from the effects of widespread infestations of bark beetles and other insects. SEC. 3. RESPONSE TO WIDESPREAD INFESTATIONS OF BARK BEETLES AND OTHER INSECTS ON FEDERAL LAND IN THE ROCKY MOUNTAIN REGION. (a) Definitions.--Section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511) is amended-- (1) by redesignating paragraphs (12) through (16) as paragraphs (13), (14), (16), (17), and (18), respectively; (2) by inserting after paragraph (11) the following: ``(12) Insect emergency area.--The term `insect-emergency area' means Federal land in the Rocky Mountain region that-- ``(A) the Secretary determines is subject to a widespread infestation of bark beetles and other insects; ``(B) is identified for hazardous fuel reduction treatment in a community wildfire protection plan; and ``(C) is characterized by insect-induced tree mortality that the Secretary determines has, or within 1 year will have, produced a condition such that an immediate reduction in hazardous fuels is required to reduce the risks to human life and property, or to a municipal water supply, from a severe wildfire.''; and (3) by inserting after paragraph (14) (as redesignated by paragraph (1)) the following: ``(15) Rocky mountain region.--The term `Rocky Mountain region' means the States of Arizona, Colorado, Idaho, Montana, New Mexico, North Dakota, South Dakota, Utah, and Wyoming.''. (b) Prioritization for Federal Land in Rocky Mountain Region.-- Section 103(d)(1) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6513(d)(1)) is amended by adding at the end the following: ``(D) Prioritization for federal land in rocky mountain region.--The Secretary shall use not less than 70 percent of the funds allocated for authorized hazardous fuel reduction projects in the Rocky Mountain region for-- ``(i) projects in the wildland-urban interface; and ``(ii) projects on land that-- ``(I) is in proximity to-- ``(aa) a municipal water supply system; or ``(bb) a stream feeding a municipal water supply system in a municipal watershed; and ``(II) has been identified for hazardous fuel reduction projects in community wildfire protection plans.''. (c) Alternative Analysis Process.--Section 104(d)(2) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514(d)(2)) is amended by inserting ``or on any other land identified for such a project in a community wildfire protection plan for an at-risk community in or adjacent to an insect-emergency area'' after ``at-risk community''. (d) Insect Emergencies.--Title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) is amended-- (1) by redesignating sections 107 and 108 as sections 109 and 110, respectively; and (2) by inserting after section 106 the following: ``SEC. 107. ACTIONS RELATING TO INSECT-EMERGENCY AREAS. ``(a) Designation.-- ``(1) Authority.--The Secretary may designate insect- emergency areas. ``(2) Basis of designation.--The Secretary shall designate an insect-emergency area based on the best information available to the Secretary, including observation of relevant insect infestations. ``(3) Initiation.--The designation of an insect-emergency area may be made-- ``(A) on the initiative of the Secretary; or ``(B) in response to a request by-- ``(i) a State agency; or ``(ii) a political subdivision of a State. ``(4) Deadline.--Not later than 90 days after the date of receipt of a request under paragraph (3)(B), the Secretary shall approve or deny the request. ``(5) Limitation on delegation.--In the case of National Forest System land, the authority of the Secretary to make a designation under this section may be delegated only to a Regional Forester. ``(b) Consultation and Public Comment.--Before making a determination to designate an insect-emergency area, the Secretary shall-- ``(1) consult with-- ``(A) any Federal agency responsible for managing land in an applicable community wildfire protection plan; and ``(B) appropriate State and local officials; and ``(2) provide public notice and an opportunity to comment. ``(c) Effect of Determination.-- ``(1) Authorized hazardous fuel reduction projects.--An authorized hazardous fuel reduction project involving land in an insect-emergency area may be categorically excluded from documentation in an environmental impact statement and environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if-- ``(A) the project involves only land that is identified for hazardous-fuel reduction treatment in a community wildfire protection plan; and ``(B) the decision to categorically exclude the project is made in accordance with applicable extraordinary circumstances procedures required by section 1508.4 of title 40, Code of Federal Regulations (or a successive regulation). ``(2) Stewardship projects.--A stewardship contracting project under section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; 112 Stat. 2681-298) to carry out a hazardous fuel reduction project in an insect-emergency area may exceed 10 years, but shall not exceed 15 years, in duration. ``(d) Personnel Authority.--The Secretary may relocate or reassign personnel of the Forest Service to provide additional personnel to prepare and carry out-- ``(1) applied silvicultural assessments under section 404 in response to an insect emergency; or ``(2) other appropriate actions involving Federal land subject to an insect emergency.''. (e) Hazardous Fuel Reduction Projects.--The Secretary may allocate funds made available under Section 35 of the Mineral Leasing Act (30 U.S.C. 191) (as amended by section 4(b)) for hazardous fuel reduction projects in designated insect emergency areas. (f) Conforming Amendment.--The table of contents for the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; 117 Stat. 1888) is amended by striking the items relating to section 107 and 108 and inserting the following: ``Sec. 107. Actions relating to insect-emergency areas. ``Sec. 108. Effect of title. ``Sec. 109. Authorization of appropriations.'' SEC. 4. COMMUNITY WILDFIRE PROTECTION PLAN DEVELOPMENT ASSISTANCE FOR AT-RISK COMMUNITIES IN THE ROCKY MOUNTAIN REGION. (a) Availability of Assistance.--Section 103 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6513) is amended by adding at the end the following: ``(e) Planning Assistance for At-Risk Communities.-- ``(1) In general.--The Secretary, in consultation with appropriate State agencies, shall make grants to at-risk communities in the Rocky Mountain region to assist the at-risk communities in preparing or revising a community wildfire protection plan. ``(2) Source of funds.--The Secretary shall use amounts made available under section 35(c) of the Mineral Leasing Act (30 U.S.C. 191(c)) to carry out this subsection.''. (b) Funding Source.--Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended by adding at the end the following: ``(d) Assistance for At-Risk Communities.--Notwithstanding the first sentence of subsection (a), $5,000,000 of the amounts paid into the Treasury under subsection (a) for each of fiscal years 2006 through 2010 shall be made available to the Secretary, without further appropriation and until expended, for obligation and expenditure pursuant to section 103(e) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6513(e)).''. SEC. 5. ADDITIONAL ASSISTANCE FOR PREPARATION OF COMMUNITY WILDFIRE PROTECTION PLANS. Section 33(b)(3) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(3)) is amended by striking subparagraph (L) and inserting the following: ``(L) To fund fire prevention programs, including the development of community wildfire protection plans (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)).''. SEC. 6. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM; BIOMASS COLLECTION. (a) Biomass Commercial Utilization Grant Program.--The Healthy Forests Restoration Act of 2003 (16 U.S.C. 6531) is amended by striking section 203 and inserting the following: ``SEC. 203. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM. ``(a) Program Authorized.--The Secretary may provide to owners or operators of facilities that use biomass, on an annual basis, grants for use in accordance with subsection (d). ``(b) Eligible Recipients.--A grant shall be awarded under this section only to an owner or operator of a facility that uses biomass-- ``(1) as a raw material to produce-- ``(A) electricity; ``(B) sensible heat; or ``(C) transportation fuel; ``(2) for wood-based products; or ``(3) for other commercial purposes. ``(c) Priority.--In making grants under this section, the Secretary shall give priority to applications submitted by individuals or entities that purchase biomass removed from land in insect-emergency areas (as defined in section 101) through an authorized hazardous fuel reduction project carried out pursuant to section 102. ``(d) Use of Grant Funds.--An owner or operator who receives a grant pursuant to this section may use funds from the grant to offset the costs of purchasing biomass. ``(e) Relationship to Other Authority.--The Secretary may exercise the authority provided by this section in conjunction with, or in addition to, any other authority of the Secretary to support or stimulate the use of biomass fuel. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2007 through 2010.''. ``SEC. 204. ESTABLISHMENT OF CENTRAL COLLECTION POINTS. ``(a) Establishment.-- ``(1) In general.--To the maximum extent practicable, and consistent with relevant land management plans, the Secretary shall establish 1 or more collection points for the placement of vegetative material removed from Federal or other land as part of a hazardous fuel reduction project under title I. ``(2) Conditions for establishment.-- ``(A) Safe transportation of vegetative material.-- No collection point shall be established pursuant to this section if the Secretary determines that transportation of the vegetative material to or from the proposed collection point would result in an increased risk of infestation of insects. ``(B) Consent of property owner.--No collection point shall be established pursuant to this section on any property not owned by the United States without the consent of the owner of the property. ``(b) Use.--Vegetative material placed at a collection point established under this section may be sold, donated, or otherwise made available to any individual or entity that agrees to remove the material from the collection point.''. (b) Conforming Amendment.--The table of contents of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.) is amended by adding after the item relating to section 203 the following: ``Sec. 204. Establishment of central collection points.''.

Rocky Mountain Forest Insects Response Enhancement and Support Act or the Rocky Mountain FIRES Act - Amends the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture or the Secretary of the Interior (the Secretary) to use not less than 70% of the funds allocated for authorized hazardous fuel reduction projects in the Rocky Mountain region for: (1) projects in the wildland-urban interface; and (2) projects on land that is in proximity to a municipal water supply system or a stream feeding such a system in a municipal watershed and that has been identified for such projects in community wildfire protection plans. Authorizes the Secretary to designate insect-emergency areas. Authorizes grants to: (1) at-risk communities in the Rocky Mountain region to assist such communities in preparing or revising a community wildfire protection plan; and (2) owners or operators of facilities that use biomass to offset their costs of purchasing biomass. Requires the Secretary to establish at least one collection point for the placement of vegetative material removed from federal or other land as part of a hazardous fuel reduction project.

A bill to amend the Healthy Forests Restoration Act of 2003 to help reduce the increased risk of severe wildfires to communities in forested areas affected by infestations of bark beetles and other insects, and for other purposes.

SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Fair Pay Act of 1994''. (b) Reference.--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 Fair Labor Standards Act of 1938. SEC. 2. FINDINGS. The Congress finds the following: (1) Wage differentials exist between equivalent jobs segregated by sex, race, and national origin in Government employment and in industries engaged in commerce or in the production of goods for commerce: (2) The existence of such wage differentials-- (A) depresses wages and living standards for employees necessary for their health and efficiency; (B) prevents the maximum utilization of the available labor resources; (C) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce; (D) burdens commerce and the free flow of goods in commerce; and (E) constitutes an unfair method of competition. (3) Discrimination in hiring and promotion has played a role in maintaining a segregated work force. (4) Many women and people of color work in occupations dominated by individuals of their same sex, race, and national origin. (5) In its seminal 1981 report ``Women, Work, and Wages: Equal Pay for Jobs of Equal Value'' the National Academy of Sciences Committee on Occupation Classification and Analysis found that in 1970 jobs dominated by women were paid $27.50 less per year for each additional percentage point female than equivalent mixed and male-dominated jobs. (6) A General Accounting Office analysis of wages in the civil service of the State of Washington found that in 1985 of the 44 jobs studied that paid less than the average of all equivalent jobs, approximately 39 percent were female-dominated and approximately 16 percent were male dominated. (7) A study of wages in Minnesota using 1990 Decennial Census data found that 75 percent of the wage differential between white and non-white workers was unexplained and may be a result of discrimination. (8) Section 6(d) of the Fair Labor Standards Act of 1938 prohibits discrimination in compensation for ``equal work'' on the basis of sex. (9) Title VII of the Civil Rights Act of 1964 prohibits discrimination in compensation because of race, color, religion, national origin, and sex. The United States Supreme Court, in its decision in County of Washington v. Gunther, 452 U.S. 161 (1981), held that title VII's prohibition against discrimination in compensation also applies to jobs which do not constitute ``equal work'' as defined in section 6(d) of the Fair Labor Standards Act of 1938. Decisions of lower courts, however, have demonstrated that further clarification of existing legislation is necessary in order effectively to carry out the intent of Congress to implement the Supreme Court's holding in its Gunther decision. (10) Artificial barriers to the elimination of discrimination in compensation based upon sex, race, and national origin continue to exist more than 3 decades after the passage of section 6(d) of the Fair Labor Standards Act of 1938 and the Civil Rights Act of 1964. SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS. (a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at the end the following: ``(g)(1)(A) No employer having employees subject to any provisions of this section shall discriminate between its employees on the basis of sex, race, or national origin by paying wages to employees or groups of employees at a rate less than the rate at which the employer pays wages to employees or groups of employees of the opposite sex or different race or national origin for work in equivalent jobs, except where such payment is made pursuant to a seniority system, a merit system, or a system which measures earnings by quantity or quality of production. ``(B) An employer who is paying a wage rate differential in violation of subparagraph (A) shall not, in order to comply with the provisions of such subparagraph, reduce the wage rate of any employee. ``(2) No labor organization or its agents representing employees of an employer having employees subject to any provision of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1)(A). ``(3) For purposes of administration and enforcement of this subsection, any amounts owing to any employee which have been withheld in violation of paragraph (1)(A) shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this section or section 7. ``(4) As used in this subsection: ``(A) The term `labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. ``(B) The term `equivalent jobs' means jobs that may be dissimilar, but whose requirements are equivalent, when viewed as a composite of skills, effort, responsibility, and working conditions.''. (b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is amended in the matter before paragraph (1) by striking ``section 6(d)'' and inserting ``sections 6(d) and 6(g)''. SEC. 4. PROHIBITED ACTS. Section 15(a) (29 U.S.C. 215(a)) is amended by striking the period at the end of paragraph (5) and inserting a semicolon and by adding after paragraph (5) the following: ``(6) to discriminate against any individual because such individual has opposed any act or practice made unlawful by section 6(g) or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under section 6(g); or ``(7) to discharge or in any other manner discriminate against, coerce, intimidate, threaten, or interfere with any employee or any other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages or the wages of any other employee, or because the employee exercised, enjoyed, aided, or encouraged any other person to exercise or enjoy any right granted or protected by section 6(g).''. SEC. 5. REMEDIES. Section 16 (29 U.S.C. 216) is amended-- (1) by adding at the end the following: ``(f) In any action brought under this section for violation of section 6(g), the court shall, in addition to any other remedies awarded to the prevailing plaintiff or plaintiffs, allow expert fees as part of the costs. Any such action may be maintained as a class action as provided by the Federal Rules of Civil Procedure.''; (2) in subsection (b), by striking ``section 15(a)(3)'' each place it occurs and inserting ``paragraphs (3), (6), and (7) of section 15(a)''; and (3) in the fourth sentence of subsection (b), by striking ``No employees'' and inserting ``Except with respect to class actions brought under subsection (f), no employees''. SEC. 6. RECORDS. Section 11(c) (29 U.S.C. 211(c)) is amended by inserting ``(1)'' after ``(c)'' and by adding at the end the following: ``(2)(A) Every employer subject to section 6(g) shall preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to the employees of the employer. Every employer subject to section 6(g) shall preserve such records for such periods of time and shall make such reports therefrom to the Equal Employment Opportunity Commission as shall be prescribed by the Equal Employment Opportunity Commission by regulation or order as necessary or appropriate for the enforcement of the provisions of section 6(g) or any regulations promulgated thereunder. ``(B) Every employer subject to section 6(g) shall file annually with the Equal Employment Opportunity Commission a report signed by its president, treasurer, or corresponding principal officer containing information in such detail as may be necessary accurately to disclose the wage or salary rates paid to each classification, position, job title, or other wage or salary group of employees employed by the employer, as well as the sex, race, and national origin of employees at each wage or salary level in each classification, position, job title, or other wage or salary group. The report shall not list the name of any individual employee. ``(C) Every employer required to submit a report under subparagraph (B) shall make available to all of its employees the information required to be contained in such report. ``(D) The contents of the reports filed with the Equal Employment Opportunity Commission pursuant to subparagraph (B) shall be public information, and the Equal Employment Opportunity Commission may publish any information and data which it obtains pursuant to the provisions of subparagraph (B). The Equal Employment Opportunity Commission may use the information and data for statistical and research purposes, and compile and publish such studies, analyses, reports, and surveys based thereon as it may deem appropriate. ``(E) The Equal Employment Opportunity Commission shall by regulation make reasonable provision for the inspection and examination by any person of the information and data contained in any report filed with it pursuant to subparagraph (B). ``(F) The Equal Employment Opportunity Commission shall by regulation provide for the furnishing of copies of reports filed with it pursuant to subparagraph (B) to any person upon payment of a charge based upon the cost of the service. ``(G) The Equal Employment Opportunity Commission shall issue rules and regulations prescribing the form and content of reports required to be filed under subparagraph (B) and such other reasonable rules and regulations as it may find necessary to prevent the circumvention or evasion of such reporting requirements. In exercising its authority under subparagraph (B), the Equal Employment Opportunity Commission may prescribe by general rule simplified reports for employers for whom it finds that by virtue of their size a detailed report would be unduly burdensome.''. SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT TO CONGRESS. Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the following: ``(4) The Equal Employment Opportunity Commission shall undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement the provisions of section 6(g) prohibiting wage discrimination between employees performing work in equivalent jobs on the basis of sex, race, or national origin. Such studies, information, and technical assistance shall be based upon and include reference to the declared policy of such section to eliminate such discrimination. In order to achieve the purposes of such section, the Equal Employment Opportunity Commission shall further carry on a continuing program of research, education, and technical assistance including-- ``(A) undertaking and promoting research with the intent of developing means to expeditiously correct the conditions leading to section 6(g); ``(B) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various media of communication, and the general public the findings of studies and other materials for promoting compliance with section 6(g); ``(C) sponsoring and assisting State and community informational and educational programs; and ``(D) providing technical assistance to employers, labor organizations, professional associations and other interested persons on means of achieving and maintaining compliance with the provisions of section 6(g). ``(5) The report submitted annually by the Equal Employment Opportunity Commission to Congress pursuant to paragraph (1) shall include a separate evaluation and appraisal regarding the implementation of section 6(g).''. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of one year from the date of its enactment.

Fair Pay Act of 1994 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in payment of wages on the basis of sex, race, or national origin. Requires such nondiscriminatory equal pay for equivalent jobs with the same employer, unless the differential payment is made pursuant to a system of seniority, merit, or production quality or quantity based earnings. Prohibits discrimination against an employee for exercising rights under this Act. Directs the court, in actions brought for violations of this Act, to allow expert fees as part of the costs, in addition to any other remedies awarded to prevailing plaintiffs. Allows such actions to be maintained as class actions. Requires employers to keep records and file annual reports with the Equal Employment Opportunity Commission (EEOC) necessary for enforcement of this Act. Provides that such reports' contents shall be public information. Directs the EEOC to carry out a research, education, and technical assistance program for employers, labor organizations, and the general public concerning effective means available to implement this Act.

Fair Pay Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Skin Cancer Prevention, Education, and Consumer Right-To-Know Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Skin cancer is a growing epidemic in the United States with more than 1,000,000 new cases diagnosed each year. (2) About 10,000 Americans die each year from skin cancer. (3) The most deadly form of skin cancer, melanoma, has tripled among Caucasians since 1980. (4) One in 5 Americans and one in 3 Caucasians will develop skin cancer in the course of a lifetime. (5) A person's risk for skin cancer doubles if he or she has had 5 or more sunburns. (6) More than 90 percent of all skin cancers are caused by sun exposure, yet fewer than 33 percent of adults, adolescents, and children routinely use sun protection. (7) Most skin cancer is caused by prolonged exposure to the ultraviolet rays from the sun. This invisible radiation is classified as UVA radiation and UVB radiation. (8) UVB radiation is the chief cause of sunburn and skin cancer. (9) UVA radiation is more constant, year-round, and penetrates the skin more deeply, causing both premature aging and skin cancer. (10) Current United States sunscreen standards set by the Food and Drug Administration (FDA) require protection from UVB radiation but not UVA radiation. (11) The current United States sunscreen standards provide a false sense of security to Americans, since their sunscreen is protecting successfully against sunburn, but not adequately against other forms of skin damage, including skin cancers. Consumers may wrongly believe that their sunscreen is sufficiently protecting them and therefore stay in the sun longer. SEC. 3. BROAD-SPECTRUM SUNSCREEN STANDARD. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended-- (1) in section 502, by adding at the end the following: ``(y) If it is a drug that is a sunscreen product and its labeling is in violation of section 566 .''; and (2) by inserting after section 565 the following: ``SEC. 566. BROAD-SPECTRUM SUNSCREEN STANDARD. ``(a) Labeling.--The labeling of a drug that is a sunscreen product and fails to meet the standard adopted under subsection (b)(1) shall not-- ``(1) describe the product using the term `broad-spectrum' (or any variant of such term); or ``(2) include the symbol described in subsection (b)(2). ``(b) Standard; Symbol.--The Secretary shall-- ``(1) adopt a standard for broad-spectrum protection in sunscreen products in order to better protect Americans from skin cancer and premature aging; and ``(2) adopt an easily recognized symbol for inclusion in the labeling of sunscreen products meeting such standard. ``(c) Minimum Requirements.-- ``(1) Minimum requirements.--In establishing the standard under subsection (b)(1), the Secretary shall require-- ``(A) a minimum ratio 1 to 3 of UVA protection factor (UVA-PF) to sun protection factor (SPF); ``(B) a critical wavelength of 370 nanometers, as obtained in application of the critical wavelength testing method; ``(C) a minimum level of UVB radiation protection of sun protection factor 6 as obtained in application of the International Sun Protection Factor Test Methods (2006) or an equivalent degree of protection obtained with any in vitro method; and ``(D) truth in labeling requirements such that-- ``(i) claims of broad-spectrum protection from ultraviolet radiation can only be made in cases where the product meets the requirements established under this section; and ``(ii) labels claiming broad-spectrum protection include the symbol described in subsection (b)(2) only if the sunscreen product meets the standard adopted under subsection (b)(1). ``(2) Measurement of protection levels.--The protection factors described in paragraph (1) shall be measured using standardized, reproducible testing methods that take photo- degradation into account. In considering such methods, the Secretary shall give preference to in vitro testing methods. ``(d) Regulations.--Not later than December 31, 2007, the Secretary shall issue comprehensive final regulations for carrying out this section with respect to sunscreen products. ``(e) Definitions.-- ``(1) Broad-spectrum protection.--The term `broad-spectrum protection' means protection from both UVA radiation and UVB radiation. ``(2) Sun protection factor.--The term `sun protection factor' is the ratio between the ultraviolet dose required to produce minimal erythema reaction (redness) in protected skin (skin with sunscreen) compared to unprotected skin (skin without any sunscreen). The number indicates how many times longer a person can stay in the sun before beginning to burn while wearing sun protection than if he or she were not wearing any sunscreen at all. ``(3) UVA protection factor.--The term `UVA protection factor' means the ratio of the minimum UVA radiation dose necessary to induce a persistent pigment darkening on the skin protected by a sunscreen product to the minimal UVA radiation dose necessary to induce the minimal darkening effect on the same unprotected skin. ``(4) UVA radiation.--The term `UVA radiation' means sun radiation in the spectrum of 320 to 400 nanometers. ``(5) UVB radiation.--The term `UVB radiation' means sun radiation in the spectrum of 290 to 320 nanometers.''. (b) Effective Date.--The requirements of sections 502(y) and 566(a) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), shall take effect on the earlier of-- (1) the date determined appropriate by the Secretary of Health and Human Services; or (2) the date that is 1 year after the date of the enactment of this Act. SEC. 4. EDUCATION. (a) Education.--Upon issuing the regulations required by subsection (d) of section 566 of the Federal Food, Drug, and Cosmetic Act, as added by section 3, the Secretary of Health and Human Services shall implement a general, nationwide education campaign identifying the risks posed by sun exposure without the use of a sunscreen providing broad-spectrum protection. (b) Contents.--The education campaign under this section shall be designed to increase the level of knowledge and awareness among the general public of the causes of skin cancer, the risks posed by unprotected sun exposure, the respective roles of UVA radiation and UVB radiation (as defined in such section 566) in the development of skin cancer, the effective application of sunscreen, and the release of the standard requiring broad-spectrum protection (as defined in such section 566) in sunscreen products. (c) Duration.--The education campaign under this section shall be implemented for not less than one year.

Skin Cancer Prevention, Education, and Consumer Right-To-Know Act - Amends the Federal Food, Drug, and Cosmetic Act to deem a drug that is a sunscreen product whose labeling violates this Act to be adulterated. Prohibits the labeling of a drug that is a sunscreen product that fails to meet the standards adopted under this Act from: (1) describing the product using the term "broad-spectrum"; or (2) including a specified symbol adopted to indicate broad-spectrum. Requires the Secretary of Health and Human Services to adopt: (1) a standard for broad-spectrum protection in sunscreen products; and (2) an easily recognized symbol for inclusion in the labeling of sunscreen products meeting such standards. Sets forth minimum standards that the Secretary shall adopt for such broad-spectrum protection, including a minimum ratio of UVA protection factor to sun protection factor, a minimum level of UVB radiation protection, and specified truth in labeling requirements. Requires sun protection factors to be measured using standardized, reproducible testing methods that take photo-degradation into account. Requires the Secretary to implement an education campaign identifying the risks posed by sun exposure without the use of a sunscreen providing broad-spectrum protection.

To require the Food and Drug Administration to establish a standard for broad-spectrum protection in sunscreen products, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Part D Patient Safety and Drug Abuse Prevention Act of 2013''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishing PDP safety program to prevent fraud and abuse in Medicare prescription drug plans. Sec. 3. Part D suspension of claims payment. Sec. 4. Improving activities of Medicare Drug Integrity Contractors (MEDICs). Sec. 5. Requiring e-prescribing for coverage of covered part D controlled substances. SEC. 2. ESTABLISHING PDP SAFETY PROGRAM TO PREVENT FRAUD AND ABUSE IN MEDICARE PRESCRIPTION DRUG PLANS. (a) PDP Safety Program.--Section 1860D-4(c) of the Social Security Act (42 U.S.C. 1395w-104(c)) is amended-- (1) in paragraph (1)(D)-- (A) by inserting ``, designed to'' after ``program''; and (B) by inserting ``, that includes the procedures described in paragraph (4)'' after ``waste''; and (2) by adding at the end the following: ``(4) Safe pharmacy access program.-- ``(A) PDP sponsor procedures.--A PDP sponsor (or an MA organization offering an MA-PD plan) shall have in place procedures designed-- ``(i) to identify an individual who has obtained coverage for a covered part D drug that is a frequently abused schedule II, III, IV, or V controlled substance, as determined in accordance with utilization guidelines established by the Secretary and the sponsor (or MA organization), and to notify such individuals that they have been so identified; ``(ii) to contract with pharmacies authorized to dispense such controlled substances to create a safe pharmacy network that meets the criteria specified in subparagraph (C); ``(iii) taking into account the location of the individual's residence (or residences), work site, mobility, and other relevant factors, to limit coverage to schedule II, III, IV, or V controlled substances for some or all classes of covered part D drugs for an individual identified under clause (i) (or under subparagraph (B)) to drugs dispensed by one or more pharmacies contracted with under clause (ii); ``(iv) to provide to the Secretary the name, and other information that the Secretary may require, of individuals so identified and of the fact of such individual's disenrollment (if any) from the plan of the sponsor (or the MA-PD plan offered by the MA organization); ``(v) to provide for an appeals process whereby an individual so identified may appeal such identification on the basis that the identification was not appropriate; ``(vi) to provide for a process whereby an individual so identified may petition for the termination of such identification on the basis that the limitation on coverage is no longer necessary to prevent fraud and abuse by the individual; and ``(vii) to provide that coverage shall be provided for a schedule II, III, IV, or V controlled substance only if it prescribed in accordance with an electronic prescribing program under subsection (e), except in such exceptional circumstances as the Secretary may permit. ``(B) Sharing information for subsequent plan enrollments.--The Secretary shall share information, with respect to the identity of an individual identified under subparagraph (A)(i) who disenrolls from a plan under subparagraph (A)(iv), with a PDP sponsor (or MA organization) that subsequently enrolls such individual under another plan in order that the provisions of subparagraph (A)(iii) would apply under such subsequent enrollment. ``(C) Safe pharmacy network criteria.--The criteria specified in this subparagraph for a safe pharmacy network are the following: ``(i) The pharmacies in the network are able to properly monitor the usage of schedule II, III, IV, and V controlled substances. ``(ii) Such pharmacies and network meet such other drug safety criteria as the Secretary or the PDP sponsor (or MA organization) determines to be appropriate, such as use of a State prescription drug monitoring program, if such a program is available in the State.''. (b) Dual Eligibles.--Section 1860D-1(b)(3)(D) of the Social Security Act (42 U.S.C. 1395w-101(b)(3)(D)) is amended by inserting ``, subject to such limits as the Secretary may establish for individuals identified pursuant to section 1860D-4(c)(4)(A)(i)'' after ``the Secretary''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning after the date that is 8 months after the date of the enactment of this Act. SEC. 3. PART D SUSPENSION OF CLAIMS PAYMENT. Amend 1860D-12(b)(4) of the Social Security Act (42 U.S.C. 1395w- 112(b)(4)) is amended by adding at the end the following new subparagraph: ``(H) Suspension of payments pending investigation of credible allegations of fraud by pharmacies.-- ``(i) In general.--A PDP sponsor may suspend payments and clean claim notifications to a pharmacy pending an investigation of a credible allegation of fraud (as defined in clause (ii)) against the pharmacy, unless the Secretary determines there is a good cause not to suspend payments. ``(ii) Credible allegation of fraud defined.--In this subparagraph, the term `credible allegation of fraud' includes-- ``(I) a complaint made on the Medicare fraud hotline; ``(II) detection of potential fraud through the analysis of claims data; ``(III) detection of potential fraud through identification of inappropriate dispensing through audits, civil false claims cases, and law enforcement investigations; and ``(IV) claims referred to Medicare drug integrity contractors (MEDICs). ``(iii) Rule of construction.--Nothing in this subparagraph shall be construed as limited the authority of a PDP sponsor to conduct post- claim payment review.''. SEC. 4. IMPROVING ACTIVITIES OF MEDICARE DRUG INTEGRITY CONTRACTORS (MEDICS). (a) In General.--Section 1893 of the Social Security Act (42 U.S.C. 1395ddd) is amended by adding at the end the following new subsection: ``(j) Improving Activities of Medicare Drug Integrity Contractors (MEDICs).-- ``(1) Access to in general.--Under contracts entered into under this section (each in this subsection referred to as a `MEDIC contract') with Medicare drug integrity contractors (each in this subsection referred to as a `MEDIC'), the Secretary shall authorize MEDICs to directly obtain prescription and medical records from entities such as pharmacies, PDP and physicians. ``(2) Requirement for acknowledgment of referrals.--If a PDP sponsor refers information to a MEDIC for investigation, under the MEDIC contract the MEDIC must acknowledge receipt of the referral and must report back to the sponsor the result of the MEDIC's investigation within 45 days of the date of the referral and share such results with appropriate agencies, such as law enforcement officials and State licensing authority. ``(3) Uniform annual report criteria.--In order to assess the performance of MEDICs, the Secretary shall develop a uniform reporting criteria for the annual reporting of the results of investigations by MEDICs to the Secretary and to Congress. Each such annual report shall include information on the number of referrals for investigation made to a MEDIC, the average time required for investigation, the results of the investigation, and the number of results that were referred to the Inspector General of the Department of Health and Human Services and to State licensing officials for further investigations.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply as quickly as possible to MEDIC contracts, including MEDIC contracts entered into before such date of enactment. SEC. 5. REQUIRING E-PRESCRIBING FOR COVERAGE OF COVERED PART D CONTROLLED SUBSTANCES. (a) In General.--Section 1860D-4(e) of the Social Security Act (42 U.S.C. 1395w-104(e)) is amended by adding at the end the following: ``(7) Requirement of e-prescribing for controlled substances.--Except in such emergent circumstances as the Secretary may specify, coverage shall not be provided for a covered part D drug under a prescription drug plan (or under an MA-PD plan) for a schedule II, III, IV, or V controlled substance unless the prescription for the drug has been transmitted electronically in accordance with an electronic prescription drug program that meets the requirements of paragraph (2).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to coverage of drugs prescribed on or after January 1, 2015.

Medicare Part D Patient Safety and Drug Abuse Prevention Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to establish a safe pharmacy access program under which a prescription drug plan (PDP) sponsor (or a Medicare Advantage (MA) organization offering an MA-PD plan) shall have in place procedures designed to prevent fraud and abuse in the dispensing of certain controlled substances under Medicare part D. Allows a PDP sponsor to suspend payments and clean claim notifications to a pharmacy pending an investigation of a credible allegation of fraud against the pharmacy, unless the Secretary determines there is a good cause not to suspend payments. Directs the Secretary of Health and Human Services (HHS), under contracts entered into under the Medicare integrity program with Medicare drug integrity contractors (MEDICs), to authorize such MEDICs to obtain prescription and medical records directly from entities such as pharmacies, PDPs, and physicians. Requires a MEDIC to acknowledge receipt of a PDP sponsor referral of information for investigation, report back to the sponsor the investigation results within 45 days, and share them with appropriate agencies. Requires electronic transmission (e-prescribing) of prescriptions for certain covered Medicare part D controlled substances.

Medicare Part D Patient Safety and Drug Abuse Prevention Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Fish and Wildlife Restoration Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) the Great Lakes Fishery Resources Restoration Study, for which a report was submitted to Congress in 1995, was a comprehensive study of the status, and the assessment, management, and restoration needs, of the fishery resources of the Great Lakes Basin, and was conducted through the joint effort of the United States Fish and Wildlife Service, State fish and wildlife resource management agencies, Indian tribes, and the Great Lakes Fishery Commission; and (2) the study-- (A) found that, although State, Provincial, Native American Tribal, and Federal agencies have made significant progress toward the goal of restoring a healthy fish community to the Great Lakes Basin, additional actions and better coordination are needed to protect and effectively manage the fisheries and related resources in the Great Lakes Basin; and (B) recommended actions that are not currently funded but are considered essential to meet goals and objectives in managing the resources of the Great Lakes Basin. SEC. 3. REFERENCE; REPEAL. (a) Reference.--Each reference in this Act (other than in subsection (b)) to the Great Lakes Fish and Wildlife Restoration Act of 1990 is a reference to the Act enacted by title I of Public Law 101-537 (104 Stat. 2370). (b) Repeal of Duplicative Enactment.--The Great Lakes Fish and Wildlife Restoration Act of 1990, enacted as title II of Public Law 101-646 (104 Stat. 4773), is repealed. SEC. 4. PURPOSES. Section 1003 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941a) is amended-- (1) in the matter preceding paragraph (1), by striking ``this Act'' and inserting ``this title''; (2) by striking paragraph (1); (3) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; (4) by striking paragraph (1) (as so redesignated) and inserting the following: ``(1) to develop and implement proposals for the restoration of fish and wildlife resources in the Great Lakes Basin; and''; and (5) in paragraph (2) (as redesignated by paragraph (3)), by striking ``habitat of'' and inserting ``habitat in''. SEC. 5. DEFINITIONS. Section 1004 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941b) is amended-- (1) in the matter preceding paragraph (1), by striking ``this Act'' and inserting ``this title''; (2) by redesignating paragraphs (2), (3), (4), (5), (6), (7), (8), (9), and (10) as paragraphs (3), (4), (5), (6), (7), (14), (9), (12), and (13), respectively; (3) by moving paragraph (14) (as redesignated by paragraph (2)) to the end of the section; (4) in paragraph (9) (as redesignated by paragraph (2)), by striking ``plant or animal'' and inserting ``plant, animal, or other organism''; (5) by inserting after paragraph (1) the following: ``(2) the term `Committee' means the Great Lakes Fish and Wildlife Restoration Proposal Review Committee established by section 1005(c);''; (6) by inserting after paragraph (7) (as redesignated by paragraph (2)) the following: ``(8) the term `non-Federal source' includes a State government, local government, Indian tribe, other non-Federal governmental entity, private entity, and individual;''; (7) by inserting after paragraph (9) (as redesignated by paragraph (2)) the following: ``(10) the term `Report' means the United States Fish and Wildlife Service report entitled `Great Lakes Fishery Resources Restoration Study', submitted to the President of the Senate and the Speaker of the House of Representatives on September 13, 1995; ``(11) the term `restoration' means rehabilitation and maintenance of the structure, function, diversity, and dynamics of a biological system, including reestablishment of self-sustaining populations of fish and wildlife;''; (8) in paragraph (12) (as redesignated by paragraph (2)), by striking ``and'' at the end; and (9) in paragraph (13) (as redesignated by paragraph (2)), by striking the period at the end and inserting ``; and''. SEC. 6. IDENTIFICATION; REVIEW; AND IMPLEMENTATION OF PROPOSALS. Section 1005 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941c) is amended to read as follows: ``SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS. ``(a) In General.--The Director, in consultation with the Committee, shall encourage the development and, subject to the availability of appropriations, the implementation of proposals based on the results of the Report. ``(b) Identification of Proposals.-- ``(1) Request by the director.--The Director shall annually request that State Directors and Indian tribes, in cooperation or partnership with other interested entities and based on the results of the Report, submit proposals for the restoration of fish and wildlife resources. ``(2) Requirements for proposals.--A proposal under paragraph (1) shall be submitted in the manner and form prescribed by the Director and shall be consistent with the goals of the Great Lakes Water Quality Agreement, as revised in 1987, the 1954 Great Lakes Fisheries Convention, the 1980 Joint Strategic Plan for the Management of Great Lakes fishery resources, the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.), and the North American Waterfowl Management Plan and joint ventures established under the plan. ``(3) Sea lamprey authority.--The Great Lakes Fishery Commission shall retain authority and responsibility for formulation and implementation of a comprehensive program for eradicating or minimizing sea lamprey populations in the Great Lakes Basin. ``(c) Review of Proposals.-- ``(1) Establishment of committee.--There is established the Great Lakes Fish and Wildlife Restoration Proposal Review Committee, which shall operate under the guidance of the Council of Lake Committees of the Great Lakes Fishery Commission. ``(2) Membership and appointment.-- ``(A) In general.--The Committee shall consist of representatives of all State Directors and Indian tribes with Great Lakes fish and wildlife management authority in the Great Lakes Basin. ``(B) Appointments.--State Directors and Tribal Chairs shall appoint their representatives, who shall serve at the pleasure of the appointing authority. ``(C) Observer.--The Great Lakes Coordinator of the United States Fish and Wildlife Service shall participate as an observer of the Committee. ``(D) Recusal.--A member of the Committee shall recuse himself or herself from consideration of proposals that the member, or the entity that the member represents, has submitted. ``(3) Functions.--The Committee shall at least annually-- ``(A) review proposals developed in accordance with subsection (b) to assess their effectiveness and appropriateness in fulfilling the purposes of this title; and ``(B) recommend to the Director any of those proposals that should be funded and implemented under this section. ``(d) Implementation of Proposals.--After considering recommendations of the Committee and the goals specified in section 1006, the Director shall select proposals to be implemented and, subject to the availability of appropriations and subsection (e), fund implementation of the proposals. In selecting and funding proposals, the Director shall take into account the effectiveness and appropriateness of the proposals in fulfilling the purposes of other laws applicable to restoration of the fishery resources and habitat of the Great Lakes Basin. ``(e) Cost-Sharing.-- ``(1) In general.--Not less than 25 percent of the cost of implementing a proposal selected under subsection (d) (not including the cost of establishing sea lamprey barriers) shall be paid in cash or in-kind contributions by non-Federal sources. ``(2) Exclusion of federal funds from non-federal share.--The Director may not consider the expenditure, directly or indirectly, of Federal funds received by a State or local government to be a contribution by a non-Federal source for purposes of this subsection.''. SEC. 7. REPORTS TO CONGRESS. Section 1008 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941f) is amended to read as follows: ``SEC. 1008. REPORTS TO CONGRESS. ``On December 31, 2002, the Director shall submit to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes-- ``(1) actions taken to solicit and review proposals under section 1005; ``(2) the results of proposals implemented under section 1005; and ``(3) progress toward the accomplishment of the goals specified in section 1006.''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 1009 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941g) is amended to read as follows: ``SEC. 1009. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Director-- ``(1) for the activities of the Great Lakes Coordination Office in East Lansing, Michigan, of the Upper Great Lakes Fishery Resources Office, and of the Lower Great Lakes Fishery Resources Office under section 1007, $3,500,000 for each of fiscal years 1999 through 2004; and ``(2) for implementation of fish and wildlife restoration proposals selected by the Director under section 1005(d), $4,500,000 for each of fiscal years 1999 through 2004, of which no funds shall be available for costs incurred in administering the proposals.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Great Lakes Fish and Wildlife Restoration Act of 1998 - Amends the Great Lakes Fish and Wildlife Restoration Act of 1990 to: (1) include among the Act's purposes to develop and implement proposals for the restoration of fish and wildlife resources in the Great Lakes Basin; and (2) add a reference to "other organisms" to the definition of "nonindigenous species." Requires the Director of the United States Fish and Wildlife Service to: (1) encourage the development and implementation of proposals based on the Great Lakes Fishery Resources Restoration Study; and (2) annually request that State Directors and Indian Tribes submit fish and wildlife resources restoration proposals. Requires the Great Lakes Fishery Commission to retain authority and responsibility for formulation and implementation of a comprehensive program for eradicating or minimizing sea lamprey populations in the Basin. Establishes the Great Lakes Fish and Wildlife Restoration Proposal Review Committee and requires that it operate under the guidance of the Council of Lake Committees of the Great Lakes Fishery Commission. Requires the Director to select proposals to be implemented and, within available appropriations, fund their implementation. Sets forth cost-sharing requirements. Authorizes appropriations.

Great Lakes Fish and Wildlife Restoration Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Right to a Second Medical Opinion Act of 2009''. SEC. 2. COVERAGE OF SECOND OPINIONS. (a) Group Health Plans.-- (1) ERISA amendments.-- (A) Subpart B of part 7 of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: ``SEC. 715. COVERAGE OF SECOND OPINIONS. ``(a) Coverage of Second Opinions.--A group health plan, and a health insurance issuer that provides health insurance coverage in connection with a group health plan, shall provide coverage for a second opinion (as defined in subsection (b)(1)), if-- ``(1) the second opinion is requested by-- ``(A) a participant or beneficiary; or ``(B) a health care practitioner (as defined in subsection (b)(2))-- ``(i) who, with respect to a medical condition, is treating or has proposed a treatment plan for the participant or beneficiary; and ``(ii) who has the consent of the participant or beneficiary to make the request; and ``(2)(A) the participant or beneficiary questions a diagnosis, treatment plan, surgical procedure, or therapeutic procedure for a medical condition that threatens loss of life, quality of life, loss of limb, loss of bodily function, loss of cognitive function, or substantial impairment of the mind or body (including a serious chronic condition or infection); ``(B) the clinical indications with respect to a medical condition are not conclusive; ``(C) a diagnosis for a medical condition is in doubt due to conflicting test results; ``(D) the health care practitioner treating the participant or beneficiary for a medical condition is unable to diagnose the condition; ``(E) the treatment plan being used by the participant or beneficiary for a medical condition is not causing improvement in the condition within an appropriate period of time given the diagnosis and plan of care as expected for such condition; or ``(F) the medical condition under treatment accelerates or continues. ``(b) Coverage of a Second Opinion and Related Definitions.--For purposes of this section: ``(1) Coverage of a second opinion.--The term `coverage of a second opinion' means, with respect to a medical condition, coverage for-- ``(A) at least three appointments for the participant or beneficiary with the qualified second opinion physician (as defined in paragraph (7)) for the purposes of making and reviewing a second opinion (as defined in paragraph (8)) for the medical condition; and ``(B) ancillary diagnostic tests conducted or ordered by the qualified second opinion physician for the purpose of making such second opinion to the extent such tests would be covered by the plan or issuer involved if the tests were conducted to provide information to a participating physician (as defined in paragraph (5)) for the purpose of making the initial opinion (as defined in paragraph (3)) with respect to the medical condition. ``(2) Health care practitioner.--The term `health care practitioner' means a physician or a nurse practitioner. ``(3) Initial opinion.--The term `initial opinion' means, with respect to a medical condition, the first opinion for such condition. ``(4) Opinion.--The term `opinion' means, for a medical condition, an opinion respecting the diagnosis or treatment plan for the condition that is made by a health care practitioner for a participant or beneficiary. ``(5) Participating physician.--The term `participating physician' means, with respect to a group health plan or an issuer of health insurance coverage, a physician who participates in a preferred physician network (or similar arrangement) recognized under such coverage of a plan or issuer. ``(6) Physician.--The term `physician' has the meaning given such term in section 1861(r)(1) of the Social Security Act (42 U.S.C. 1935x(r)(1)). ``(7) Qualified second opinion physician.--The term `qualified second opinion physician' means, with respect to a medical condition, a physician who possesses a clinical background, including training and expertise or a history of treating patients, related to the condition. ``(8) Second opinion.--The term `second opinion' means, with respect to a medical condition, an opinion made by a qualified second opinion physician for a medical condition for which another health care practitioner (as defined in paragraph (2)) made an initial opinion (as defined in paragraph (3)). ``(c) Financial Responsibility, Terms of Coverage, and Limitations.-- ``(1) Financial responsibility.-- ``(A) Participant.--The financial responsibility of the participant or beneficiary (including deductibles, coinsurance, co-payments, and other cost sharing) under a group health plan or health insurance coverage for a second opinion under subsection (a) shall be the same as the financial responsibility of the participant or beneficiary under such plan or coverage for comparable services furnished by a participating physician in connection with an initial opinion. ``(B) Plan or issuer.--Subject to paragraph (3), the plan or issuer of health insurance coverage shall reimburse the second opinion physician for the total costs of the physician's services that are in excess of the financial responsibility of the participant under subparagraph (A). ``(2) Terms of coverage.--The terms of coverage under a group health plan or health insurance coverage for a second opinion under subsection (a) shall be the same as the terms of coverage under such plan or coverage for an initial opinion made by a participating physician. ``(3) Use of networks.--The plan or issuer may limit coverage of a second opinion to a participating physician, but only if there is a participating physician who-- ``(A) is a qualified second opinion physician, for purposes of the second opinion requested under subsection (a)(1); ``(B) is located within 50 miles of the home of the participant or beneficiary with respect to which a request was made under subsection (a)(1); and ``(C) has an initial appointment available for such participant or beneficiary within 30 days of date on which such request was made. ``(4) Preapproval.-- ``(A) In general.--Subject to subparagraph (B) and subsection (e), the plan or issuer may require preapproval for the second opinion from the plan or issuer, but only in accordance with this paragraph and with paragraph (2). ``(B) Rules for preapproval.-- ``(i) Notice of approval or denial.--A plan or issuer that requires preapproval of second opinions shall provide notice to the participant or beneficiary about the plan or issuer's decision concerning a request for preapproval of a second opinion for such participant or beneficiary not later than 10 business days after the date on which the participant or beneficiary requests the preapproval. ``(ii) Prohibition.--A plan or issuer may not require preapproval of a second opinion if the participant or beneficiary requesting such approval faces an imminent threat to health (including the potential loss of life, limb, major bodily function) and a delay in receiving a second opinion would be detrimental to the participant's or beneficiary's ability to regain maximum function. In such cases, the provider is required to reimburse the beneficiary for the costs of the services and items described in subparagraphs (A) and (B) of subsection (b)(1) that are related to the second opinion, minus the allowable copayments determined under paragraph (1), if the beneficiary paid for such opinion from personal sources. ``(d) Consultation Report.--The plan or issuer may condition payment for the second opinion under subsection (a) on the qualified second opinion physician providing to the participant or beneficiary and to the health care practitioner who made the initial opinion a consultation report that includes, with respect to the medical condition for which the second opinion was made, any diagnosis of such condition made by the qualified second opinion physician and any recommended procedures, tests, or treatments that the qualified second opinion physician believes are appropriate. ``(e) Denial of Coverage or Preapproval.--If a plan or issuer denies coverage for a second opinion or denies preapproval for a second opinion under subsection (c)(4), the plan or issuer shall, not later than 3 business days after the date of such denial-- ``(1) notify the participant or beneficiary in writing of the reasons for the denial; ``(2) inform the participant or beneficiary of such participant's or beneficiary's right to file an appeal with the plan or issuer; and ``(3) inform the participant or beneficiary of the process for appealing the denial. ``(f) Appeals.-- ``(1) In general.--The plan or issuer shall establish a process for a participant or beneficiary to appeal when preapproval for a second opinion or coverage of a second opinion is denied by the plan or issuer. ``(2) Report to secretary.--No later than 90 days after the date of enactment of this section, the plan or issuer shall submit to the Secretary a report describing the appeal process developed by the plan or issuer under paragraph (1). ``(g) Timelines Required.-- ``(1) In general.--Not later than 90 days after the date of enactment of this section and not later than 30 days after the date a timeline required under this subsection is amended, each plan or issuer shall file with the Secretary a timeline for-- ``(A) providing reimbursement of claims submitted for second opinions; and ``(B) if required by the plan or issuer, responding to requests for preapproval of second opinions under subsection (c)(4). ``(2) Public availability.--Any timeline filed under paragraph (1) shall be available to the public upon request. ``(h) Notice.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply. ``(i) Construction Regarding Additional Opinions.--Nothing in this section shall be construed to prevent the plan or issuer, based on its independent determination, from providing coverage to a participant or beneficiary for additional medical opinions. ``(j) Service Plan Contacts.--The Secretary shall deem health care service plan contracts that provide benefits to participants or beneficiaries through preferred practitioner contracting arrangements to have satisfied the requirements of this section if, subject to all other terms and conditions of the contract that apply generally to all other benefits, access to and coverage for second opinions is not limited.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 715''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 715''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 714 the following new item: ``Sec. 715. Coverage of second opinions.''. (2) Public health service act amendments.-- (A) In general.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following new section: ``SEC. 2708 COVERAGE OF SECOND OPINIONS. ``The provisions of section 715 of the Employee Retirement Income Security Act of 1974, except for subsection (h) of such section, shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subpart.''. (B) Clerical amendment.--Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2708''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (26 U.S.C. 9811 et seq.) is amended by adding at the end the following: ``SEC. 9814 COVERAGE OF SECOND OPINIONS. ``The provisions of section 715 of the Employee Retirement Income Security Act of 1974, except for subsection (h) of such section, shall apply to group health plans as if included in this subchapter.''. (B) Conforming amendment.--The table of sections for subchapter B of chapter 100 of such Code is amended by inserting after the item relating to section 9813 the following new item: ``Sec. 9814. Coverage of second opinions.''. (b) Individual Health Insurance.-- (1) In general.--Subpart 2 of part B of title XXVII of the Public Health Service Act is amended by inserting at the end the following new section: ``SEC. 2754 COVERAGE OF SECOND OPINIONS. ``The provisions of section 2708 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as such provisions apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (2) Conforming amendment.--Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2754''. (c) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this section (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) the enforcement of such regulations, rulings, and interpretations is coordinated by such Secretaries for the purposes of having a consistent enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. (d) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after January 1, 2010. (2) Individual health insurance coverage.--The amendments made by subsection (b) apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2010. (3) Collective bargaining exception.--In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of enactment of this Act, the amendments made to subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreement relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or (B) January 1, 2010. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement.

Right to a Second Medical Opinion Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code of 1986 to require a group health plan to provide coverage for a second opinion requested by a participant or beneficiary or a health care practitioner if certain conditions are met, including that the medical condition threatens loss of life, quality of life, loss of limb, loss of bodily function, loss of cognitive function, or substantial impairment of the mind or body. Directs that the financial responsibility of the participant or beneficiary for a second opinion shall be the same as that for comparable services furnished by a participating physician in connection with an initial opinion. Sets forth provisions governing a health plan: (1) limiting coverage of a second opinion to a participating physician; (2) requiring preapproval for a second opinion; and (3) denying coverage or denying preapproval for a second opinion. Allows a plan to condition payment for a second opinion on the physician providing a consultation report to the health care practitioner making the initial opinion. Requires plans to provide the Secretary of Health and Human Services (HHS) a timeline for providing reimbursement of claims for second opinions and for responding to requests for preapproval of second opinions. Applies the provisions of this Act to individual health insurance coverage.

To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code to require that group health plans and issuers of health insurance coverage provide coverage for second opinions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Environmentally Efficient Building Materials Act of 1993''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``agency'' means an Executive agency as defined under section 105 of title 5, United States Code, and any agency of the judicial branch of Government. (3) The term ``environmentally efficient materials'' means any recycled, recovered, reclaimed, or reused material whose production, manufacture, fabrication, and use conserves and preserves natural resources when compared to the production, manufacture, fabrication, and use of comparable, more conventional materials. (4) The term ``environmentally efficient building materials'' means any environmentally efficient material which may be used in the construction of a building or facility. (5) The term ``solid waste'' means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). (6) The term ``construction'' with respect to any project of construction under this Act, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (B) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractors, cranes, and other machinery) necessary for the proper utilization and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action necessary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the project to completion. SEC. 3. FEDERAL ACQUISITION AND USE OF ENVIRONMENTALLY EFFICIENT BUILDING MATERIALS. (a) Demonstration of Acquisition and Use of Materials.--Not later than 90 days after the date of the enactment of this Act, the Administrator shall establish a 3-year pilot program to promote research on, and development of, environmentally efficient building materials through demonstration of the acquisition and use of environmentally efficient building materials in the construction of new Federal facilities and buildings and in existing Federal facilities and buildings. In carrying out the pilot program, the Administrator shall take into consideration the advice and recommendations of the Environmentally Efficient Building Material Advisory Board established under section 5. (b) Selection Criteria.--In selecting environmentally efficient building materials, the Administrator shall use the criteria of-- (1) maximizing the conservation and preservation of natural resources; (2) ensuring that the materials are similar in quality and durability to comparable, more conventional materials; (3) ensuring that the materials are cost competitive with comparable, more conventional materials on a life-cycle cost basis; (4) ensuring that the materials meet appropriate environmental, public health, and safety standards; and (5) ensuring that the materials meet appropriate standards for energy efficiency. (c) Preferences Among Environmentally Efficient Building Materials.--When making choices between comparable environmentally efficient building materials that meet all the criteria under subsection (b), the Administrator shall give preference to those materials that best satisfy the criteria under subsection (b)(1). SEC. 4. REPORT. Not later than 30 days after completion of the pilot program established under section 3, the Administrator shall submit to Congress a report on its implementation. Such a report shall include-- (1) a listing of the type and quantities of environmentally efficient building materials used; (2) the cost and performance of such materials compared to comparable, more conventional materials; (3) an assessment of the extent to which the acquisition and use of such materials can be expanded beyond the scope of the pilot program; (4) an assessment of how well the materials meet the criteria under section 3(b); and (5) an assessment of the extent to which research on, and development of, such materials occurred as a result of the pilot program and the extent to which further support is needed to stimulate such research and development. SEC. 5. ENVIRONMENTALLY EFFICIENT BUILDING MATERIAL ADVISORY BOARD. (a) Establishment.--There is established the Environmentally Efficient Building Material Advisory Board (hereafter in this section referred to as the ``Board''). The Board shall consist of 11 members appointed by the Administrator of whom-- (1) one shall be a representative from the Environmental Protection Agency; (2) one shall be a representative from the General Services Administration; (3) one shall be a representative from the Army Corps of Engineers; (4) two shall be representatives from the environmental community; (5) two shall be representatives from the construction industry, of whom at least one shall be from a small business; (6) two shall be representatives from manufacturing companies that produce environmentally efficient materials, of whom at least one shall be from a small business; and (7) two shall be representatives from the scientific and technical community. (b) Duties.--The Board shall-- (1) provide advice and recommendations to the Administrator on the implementation of the pilot program established under section (3); (2) advise the Administrator on the latest research on, and development of, environmentally efficient building materials and design and how such research and development may be incorporated into the construction of Federal buildings; (3) make recommendations to the Administrator on actions needed to further facilitate the research on, and development, acquisition, and use of, environmentally efficient materials in Federal construction; and (4) make recommendations to the Administrator on actions needed to minimize the generation of solid waste in the construction of Federal buildings and facilities. (c) Chairman.--The Administrator shall serve as Chairman of the Board and shall be a voting member. (d) Meetings.--The Board shall meet on a quarterly basis. The Board shall comply with the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). (e) Appointments.--No later than 90 days after the date of the enactment of this Act, the Administrator shall make the initial appointments to the Board. The appointees shall serve until the Board's termination. (f) Hearings.--The Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Board considers advisable to carry out the purposes of this Act. (g) Information From Federal Agencies.--The Board may secure directly from any Federal department or agency such information as the Board considers necessary to carry out the provisions of this Act. Upon request of the Chairman of the Board, the head of such department or agency shall furnish such information to the Board. (h) Postal Services.--The Board may use the United States mail in the same manner and under the same conditions as other departments and agencies of the Federal Government. (i) Gifts.--The Board may accept, use, and dispose of gifts or donations of services or property for purposes of carrying out its duties under this section. (j) Compensation of Members.--Each member of the Board who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Board. All members of the Board who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (k) Travel Expenses.--The members of the 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 Board. (l) Staff.--(1) The Chairman of the Board may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Board to perform its duties. The employment of an executive director shall be subject to confirmation by the Board. (2) The Chairman of the Board 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, 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 such title. (m) Detail of Government Employees.--Any Federal Government employee may be detailed to the Board without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (n) Procurement of Temporary and Intermittent Services.--The Chairman of the Board 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 such title. (o) Report.--(1) Taking into consideration the results of the pilot program established under section 3, the Board shall submit a report to Congress and the Administrator that-- (A) makes recommendations on actions needed to further facilitate the research on, and development, acquisition, and use of, environmentally efficient materials in Federal construction; (B) makes recommendations on actions needed to minimize the generation of solid waste in the construction of Federal buildings and facilities; and (C) includes any dissenting minority views. (2) The report required by paragraph (1) shall be submitted not later than 90 days after completion of the pilot program established under section 3. (p) Termination.--The Board shall cease to exist within 1 year after the submission of its report under subsection (o). SEC. 6. GUIDELINES TO FEDERAL AGENCIES. (a) In General.--No later than 1 year after the Environmentally Efficient Building Material Advisory Board submits its report under section 5(o), the Administrator shall, after consultation with the Administrator of General Services, promulgate regulations containing guidelines to Federal agencies on minimizing the creation of solid waste and on maximizing the use of environmentally efficient building materials in the construction of Federal buildings. Such regulations shall include-- (1) a requirement that any bid or proposal for Federal contracts for the construction of Federal buildings include a plan for minimizing the generation of solid waste and for maximizing the use of environmentally efficient building materials in such construction; and (2) standards for an acceptable plan that satisfies the requirement under paragraph (1).

Federal Environmentally Efficient Building Materials Act of 1993 - Directs the Administrator of the Environmental Protection Agency to establish a three-year pilot program to promote research on, and development of, environmentally efficient building materials through use of such materials in new and existing Federal facilities and buildings. Sets forth selection criteria for such materials. Establishes the Environmentally Efficient Building Material Advisory Board. Directs the Administrator to promulgate guidelines for Federal agencies on minimizing the creation of solid waste and maximizing the use of environmentally efficient building materials.

Federal Environmentally Efficient Building Materials Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent Election Hacking Act of 2018''. SEC. 2. HACK THE ELECTION PROGRAM. (a) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a program to be known as the ``Hack the Election Program'' to improve the cybersecurity of the systems used to administer elections for Federal office by facilitating and encouraging assessments by independent technical experts, in cooperation with State and local election officials and election service providers, to identify and report election cybersecurity vulnerabilities. (b) Voluntary Participation by Election Officials and Election Service Providers.-- (1) No requirement to participate in program.-- Participation in the Hack the Election Program shall be entirely voluntary for State and local election officials and election service providers. (2) Encouraging participation and input from election officials.--In developing the Hack the Election program under this section, the Secretary shall solicit input from, and encourage participation by, State and local election officials. (c) Activities Funded.--In establishing the Hack the Election Program under this section, the Secretary shall-- (1) establish a recurring competition for independent technical experts to assess election systems for the purpose of identifying and reporting election cybersecurity vulnerabilities; (2) establish an expeditious process by which independent technical experts can qualify to participate in the competition; (3) establish a schedule of awards (monetary or non- monetary) for reports of previously unidentified election cybersecurity vulnerabilities discovered by independent technical experts during the competition; (4) establish a process for State and local election officials and election service providers to voluntarily participate in the program by designating specific election systems, periods of time, and circumstances for assessment by independent technical experts; and (5) promptly notify State and local election officials and election service providers about relevant election cybersecurity vulnerabilities discovered through the competition, and provide technical assistance in remedying the vulnerabilities. (d) Use of Service Providers.--The Secretary may award competitive contracts as necessary to manage the Hack the Election Program under this section. (e) Consultation With Secretary of Defense.--In developing the Hack the Election Program under this section, the Secretary shall consult with the relevant offices at the Department of Defense that were responsible for launching the 2016 ``Hack the Pentagon'' pilot program and subsequent Department of Defense bug bounty programs. SEC. 3. SAFE HARBOR FOR PARTICIPANTS IN PROGRAM. (a) In General.--Notwithstanding section 1030 of title 18, United States Code, and except as provided in subsection (b), it shall not be unlawful for a person acting in compliance with the Hack the Election Program under section 2 to take actions necessary to discover and report an election cybersecurity vulnerability if the person reports the cybersecurity vulnerability to the Secretary. (b) Limitation.--Subsection (a) shall not apply to any person that-- (1) acts outside the scope of the Hack the Election Program; (2) exploits an election cybersecurity vulnerability; or (3) publicly exposes an election cybersecurity vulnerability before reporting the vulnerability to the Secretary. SEC. 4. DEFINITIONS. In this Act, the following definitions apply: (1) The terms ``election'' and ``Federal office'' have the meanings given such terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101). (2) The term ``election cybersecurity vulnerability'' means any security vulnerability (as defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501)) that affects an election system. (3) The term ``election service provider'' means any person providing, supporting, or maintaining an election system on behalf of a State or local election official, such as a contractor or vendor. (4) The term ``election system'' means any information system (as defined in section 3502 of title 44, United States Code) used for the management, support, or administration of an election for Federal office, such as a voting system, a voter registration website or database, an electronic pollbook, a system for tabulating or reporting election results, or the email system of a State or local election official. (5) The term ``Secretary'' means the Secretary of Homeland Security, or, upon designation by the Secretary of Homeland Security, the Deputy Secretary of Homeland Security, the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department, or a Senate-confirmed official that reports to that Under Secretary. (6) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of Northern Mariana Islands, and the United States Virgin Islands. (7) The term ``voting system'' has the meaning given such term in section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b)).

Prevent Election Hacking Act of 2018 This bill directs the Department of Homeland Security to establish the Hack the Election Program to improve the cybersecurity of the systems used to administer federal elections by facilitating and encouraging assessments by independent technical experts, in cooperation with state and local election officials and election service providers, to identify and report election cybersecurity vulnerabilities.

Prevent Election Hacking Act of 2018

SECTION 1. MUSIC LICENSE FEES. Section 110(5) of title 17, United States Code, is amended to read as follows: ``(5) communication within a commercial establishment of a transmission embodying a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission, if communicated-- ``(A) in an area within the establishment where a transmission is intended to be received by the general public that is smaller than 5,000 square feet; ``(B) within an establishment whose gross annual income does not exceed 20 percent of the gross annual income of a small business under the applicable Standard Industrial Code as defined by the Small Business Administration; ``(C) by means of 10 or fewer loudspeakers, not including speakers in audiovisual devices; or ``(D) by means of speakers in audiovisual devices only, if no direct charge is made to see or hear the transmission, the reception of the transmission is authorized, and the transmission or retransmission is not further transmitted to the public beyond the premises of the retail establishment;''. SEC. 2. ARBITRATION BETWEEN GENERAL MUSIC USERS AND PERFORMING RIGHTS SOCIETIES; AVAILABILITY OF REPERTOIRE. (a) Arbitration.-- (1) In general.--Chapter 1 of title 17, United States Code, is amended by adding after section 120 the following new section: ``Sec. 121. Arbitration between general music users and performing rights societies; availability of repertoire ``(a) Arbitration.-- ``(1) In general.--Any controversy or dispute arising out of or related to the appropriate fee to be paid for the user's past or future performance of nondramatic musical works in the repertoire of the performing rights society shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award may be rendered by the arbitrators may be entered in any court having jurisdiction thereof. ``(2) Findings.--The arbitrator's findings shall be confidential and shall not provide any precedent for the determination of rates, except as to the parties involved. ``(3) Duration of determination.--In any arbitration proceeding initiated under this subsection, the arbitrator's determination of a fair and reasonable license fee for the performance of nondramatic musical works in the repertoire of the performing rights society shall apply for a period of not less than 3 years nor more than 5 years after the date of the arbitrator's determination. ``(b) Access to Licensing Information and Repertoire.-- ``(1) In general.--Performing rights societies shall make available, free of charge, to all interested persons, online computer access to copyright and licensing information for each nondramatic musical work in its repertoire which is published or performed, without regard to whether the work is identified in the society's survey of music use. Such information shall, for each such nondramatic musical work, identify the work by the title of the work; the name of the writer; the name, address, and telephone number of the publisher; when the work will enter the public domain, if determinable; and the names of any artists known by the society to have recorded the work, to the extent such artist information is tracked by the society for any purpose other than this section. Such online computer access shall permit the efficient review of multiple musical works consistent with reasonably available technology. ``(2) Directory.--Each performing rights society shall make available at its reproduction cost, not including the cost of maintaining the database or any other overhead, not less frequently than semiannually, a printed directory or CD ROM directory of each title in its repertoire, at the choice of the music user, as of the date which is not more than 30 days before the date on which the directory is published, containing the information under paragraph (1).''. (2) Technical and conforming amendment.--The table of sections for chapter 1 of title 17, United States Code, is amended by adding after the item relating to section 120 the following: ``121. Arbitration between general music users and performing rights societies; availability of repertoire.''. (b) Restrictions on Infringement Actions.--Section 504 of title 17, United States Code, is amended by adding at the end thereof the following new subsection: ``(d) Restrictions.--No fee for a license may be charged and no action may be instituted, maintained, or supported by the society for the public performance of a nondramatic musical work in a society's repertoire, that is not identified and documented as required under section 121, without regard to whether the nondramatic musical work has been published or performed, if a good faith effort to search the repertoire of the performing rights society as provided under section 121 has been made.''. SEC. 3. RADIO PER PROGRAMMING PERIOD LICENSE. Section 504 of title 17, United States Code, as amended by section 2 of this Act, is further amended by adding at the end thereof the following new subsection: ``(f) Radio Per Programming Period License.-- ``(1) In general.--Each performing rights society shall offer, to any radio broadcaster that so requests, a per programming period license to perform nondramatic musical works in the repertoire of the performing rights society. Such license shall be offered on reasonable terms and conditions that provide an economically and administratively viable alternative to the blanket license offered by the society to radio broadcasters for all such broadcasters. ``(2) Price of per programming period license.-- ``(A) The total price of a per programming period license described under paragraph (1)-- ``(i) shall include separate components for incidental and feature performances, with the incidental performance component to be independent of the quantity of such performances by the broadcaster and not to exceed the relative value the performing rights society assigns to such performances in its distribution of royalties; and ``(ii) shall vary between the incidental performance component, for a broadcaster that makes only incidental performances of music in the society's repertoire, and the fee that would be payable under the blanket license offered to radio broadcasters, in direct proportion to the percentage of the broadcaster's revenue attributable to programming periods containing feature performances of nondramatic musical works in the society's repertoire compared to the industry average percentage of revenue attributable to programming periods containing feature performances of such musical works. ``(B) A nondramatic musical work shall not be considered in calculating any per programming period license fee under this subsection, if the performance of such work-- ``(i) has been licensed directly, at the source, or other than by the society; or ``(ii) constitutes fair use or is otherwise exempt from liability under this title. ``(3) Administration of license.--Commencing on January 1, 1998, the performance of nondramatic musical works by a broadcaster under any per programming period license shall be determined on the basis of statistically reliable sampling or monitoring by the performing rights society, and the society may not require the broadcaster to report such performances to the society. The society shall provide the broadcaster with a report detailing the results of such sampling or monitoring, identifying each programming period containing the performance of nondramatic musical works in the society's repertoire and the nondramatic musical works in the society's repertoire performed during each such period. ``(4) Implementation.--Any radio broadcaster entitled to a per programming period license under this subsection may bring an action to require compliance with this subsection in an appropriate United States district court, including any district court established by court order or statute as a court that resolves disputes, with respect to license rates, that may arise between performing rights societies and persons who perform musical works in the society's repertoire. ``(5) Definitions.--As used in this subsection-- ``(A) the term `blanket license' means a license provided by a performing rights society that authorizes the unlimited performance of musical works in the society's repertoire, for a fee that does not vary with the quantity of performances of musical works in the society's repertoire, or any other license with comparable economic effect; ``(B) the term `incidental' as applied to performances shall include commercial jingles not exceeding 60 seconds in duration, bridges, themes or signatures, arrangements of works in the public domain, and background music, including music used in conjunction with sporting events; and ``(C) the term `programming period' means any 15 minute period of radio broadcasting commencing on the hour, or at 15, 30, or 45 minutes past the hour.''. SEC. 4. RELIGIOUS SERVICE EXEMPTION. Section 110(3) of title 17, United States Code, is amended by inserting after ``religious assembly'' the following: ``the transmission of such services, whether live or recorded, or the recording of copies or phonorecords of a transmission program embodying such services in their entirety, if there is no commercial advertisement or commercial sponsor within the program.''. SEC. 5. CONFORMING AMENDMENTS RELATING TO DEFINITIONS. (a) Performing Rights Society.--Section 101 of title 17, United States Code, is amended by inserting after the undesignated paragraph relating to the definition of ``perform'' the following: ``A `performing rights society' is an association, corporation, or other entity that licenses the public performance of nondramatic musical works on behalf of copyright owners of such works, such as the American Society of Composers, Authors, and Publishers, Broadcast Music, Inc., and SESAC, Inc. The repertoire of a performing rights society consists of those works for which the society provides licenses on behalf of the owners of copyright in the works.''. (b) General Music User.--Section 101 of title 17, United States Code, is amended by inserting after the undesignated paragraph relating to the definition of ``fixed'' the following: ``A `general music user' is any person who performs musical works publicly but is not engaged in the transmission of musical works to the general public or to subscribers through broadcast, cable, satellite, or other transmission. For purposes of this paragraph, transmissions within a single commercial establishment or within establishments under common ownership or control are not transmissions to the general public.''. (c) Loudspeaker.--Section 101 of title 17, United States Code, is amended by inserting after the undesignated paragraph relating to the definition of ``Literary works'' the following: ``A `loudspeaker' is any device or self contained collection of devices that converts electronic signals to audible sound.''.

Exempts from copyright infringement the communication within a commercial establishment of the transmission of a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission, if no direct charge is made to see or hear the transmission, its reception is authorized, and such transmission is not retransmitted to the public beyond such premises, and if communicated: (1) in an area where a transmission is intended to be received by the general public that is smaller than 5,000 square feet; (2) within an establishment whose gross annual income does not exceed 20 percent of the gross annual income of a small business as defined by the Small Business Administration; (3) by means of ten or fewer loudspeakers; or (4) by means of speakers in audiovisual devices only. (Sec. 2) Requires any controversy or dispute arising out of the appropriate fee to be paid for the user's past or future performance of nondramatic musical works in the repertoire of a performing rights society (PRS) to be settled by arbitration administered by the American Arbitration Association. Outlines provisions: (1) requiring the confidentiality of arbitration findings; (2) limiting the length of time that the finding of an appropriate fee shall apply; (3) requiring a PRS to make available to all interested persons access to copyright and licensing information for each nondramatic musical work in its repertoire; and (4) requiring a PRS to make available a printed directory of each title in its repertoire. Provides restrictions for PRSs not in compliance with such requirements. (Sec. 3) Requires each PRS to offer to any radio broadcaster that so requests a per programming period license (license) to perform nondramatic musical works in the repertoire of the PRS. Outlines provisions: (1) determining the price of each such license; (2) providing for the determination of the performance of nondramatic musical works by a broadcaster under any such license; and (3) enforcing a broadcaster's right to apply for and receive such a license. (Sec. 4) Exempts from copyright infringement the transmission of religious services, or the recording of a program embodying such services in their entirety, if there is no commercial advertisement or commercial sponsor within such program. (Sec. 5) Defines "performing rights society," "general music user," and "loudspeaker" for purposes of the copyright laws.

A bill to amend title 17, United States Code, relating to the copyright interests of certain musical performances, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Intelligence Authorization Act for Fiscal Year 2006''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--INTELLIGENCE ACTIVITIES Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Personnel ceiling adjustments. Sec. 104. Intelligence Community Management Account. TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Sec. 201. Authorization of appropriations. TITLE III--GENERAL PROVISIONS Sec. 301. Increase in employee compensation and benefits authorized by law. Sec. 302. Restriction on conduct of intelligence activities. Sec. 303. Clarification of delegation of transfer or reprogramming authority. Sec. 304. Additional duties for the Director of Science and Technology. Sec. 305. Comprehensive inventory of special access programs. Sec. 306. Sense of Congress on budget execution authority procedures. Sec. 307. Sense of Congress with respect to multi-level security clearances. Sec. 308. Reports on failure to timely implement the National Counterterrorism Center. TITLE I--INTELLIGENCE ACTIVITIES SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2006 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Department of State. (8) The Department of the Treasury. (9) The Department of Energy. (10) The Department of Justice. (11) The Federal Bureau of Investigation. (12) The National Reconnaissance Office. (13) The National Geospatial-Intelligence Agency. (14) The Coast Guard. (15) The Department of Homeland Security. SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. (a) Specifications of Amounts and Personnel Ceilings.--The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 2006, for the conduct of the intelligence and intelligence-related activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared to accompany the bill H.R. 2475 of the One Hundred Ninth Congress. (b) Availability of Classified Schedule of Authorizations.--The Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch. SEC. 103. PERSONNEL CEILING ADJUSTMENTS. (a) Authority for Adjustments.--With the approval of the Director of the Office of Management and Budget, the Director of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2006 under section 102 when the Director of National Intelligence determines that such action is necessary to the performance of important intelligence functions. (b) Notice to Intelligence Committees.--The Director of National Intelligence shall notify promptly the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives whenever the Director exercises the authority granted by this section. SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT. (a) Authorization of Appropriations.--There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2006 the sum of $446,144,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2007. (b) Authorized Personnel Levels.--The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 817 full-time personnel as of September 30, 2006. Personnel serving in such elements may be permanent employees of the Intelligence Community Management Account or personnel detailed from other elements of the United States Government. (c) Classified Authorizations.-- (1) Authorization of appropriations.--In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are also authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2006 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2007. (2) Authorization of personnel.--In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2006, there are also authorized such additional personnel for such elements as of that date as are specified in the classified Schedule of Authorizations. (d) Reimbursement.--Except as provided in section 113 of the National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2006 any officer or employee of the United States or a member of the Armed Forces who is detailed to the staff of the Intelligence Community Management Account from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of National Intelligence. TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM SEC. 201. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2006 the sum of $244,600,000. TITLE III--GENERAL PROVISIONS SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States. SEC. 303. CLARIFICATION OF DELEGATION OF TRANSFER OR REPROGRAMMING AUTHORITY. Paragraph (5)(B) of section 102A(d) of the National Security Act of 1947 (50 U.S.C. 403-1(d)), as added by section 1011(a) of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108- 458; 118 Stat. 3643), is amended by striking ``or agency involved'' in the second sentence and inserting ``involved or the Director of the Central Intelligence Agency (in the case of the Central Intelligence Agency)''. SEC. 304. ADDITIONAL DUTIES FOR THE DIRECTOR OF SCIENCE AND TECHNOLOGY. (a) Coordination and Prioritization of Research Conducted by Elements of the Intelligence Community.--Subsection (d) of section 103E of the National Security Act of 1947 (50 U.S.C. 403-3e), as added by section 1011(a) of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108-458; 118 Stat. 3643), is amended-- (1) by inserting ``and prioritize'' after ``coordinate'' in paragraph (3)(A); and (2) by adding at the end the following new paragraph: ``(4) In carrying out paragraph (3)(A), the Committee shall identify basic, advanced, and applied research programs to be carried out by elements of the intelligence community.''. (b) Development of Technology Goals.--Section 103E of such Act (50 U.S.C. 403-3e), as so added, is amended-- (1) in subsection (c)-- (A) by striking ``and'' at the end of paragraph (4); (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following new paragraph: ``(5) assist the Director in establishing goals for the elements of the intelligence community to meet the technology needs of the community; and''; and (2) by adding at the end the following new subsection: ``(e) Goals for Technology Needs of the Intelligence Community.--In carrying out subsection (c)(5), the Director of Science and Technology shall-- ``(1) perform systematic identification and assessment of the most significant intelligence challenges that require technical solutions; and ``(2) examine options to enhance the responsiveness of research and design programs to meet the requirements of the intelligence community for timely support.''. (c) Report.--Not later than June 30, 2006, the Director of National Intelligence shall submit to Congress a report containing a strategy for the development and use of technology in the intelligence community through 2021. Such report may be submitted in classified form and shall include-- (1) an assessment of the highest priority intelligence gaps across the intelligence community that may be resolved by the use of technology; (2) goals for advanced research and development and a strategy to achieve such goals; (3) an explanation of how each advanced research and development project funded under the National Intelligence Program addresses an identified intelligence gap; (4) a list of all current and projected research and development projects by research type (basic, advanced, or applied) with estimated funding levels, estimated initiation dates, and estimated completion dates; and (5) a plan to incorporate technology from research and development projects into National Intelligence Program acquisition programs. SEC. 305. COMPREHENSIVE INVENTORY OF SPECIAL ACCESS PROGRAMS. Not later than January 15, 2006, the Director of National Intelligence shall submit to the congressional intelligence committees (as defined in section 3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7))) a classified report providing a comprehensive inventory of all special access programs under the National Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 (50 U.S.C. 401a(6))). SEC. 306. SENSE OF CONGRESS ON BUDGET EXECUTION AUTHORITY PROCEDURES. It is the sense of Congress that the Director of National Intelligence should expeditiously establish the necessary budgetary processes and procedures with the heads of the departments containing agencies or organizations within the intelligence community, and the heads of such agencies and organizations, in order to-- (1) implement the budget execution authorities provided under, and submit the reports to Congress required by, subsection (c) of section 102A of the National Security Act of 1947 (50 U.S.C. 403-1), as amended by section 1011(a) of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108-458; 118 Stat. 3643); and (2) carry out the duties and authorities of the Director of National Intelligence with respect to the transfer and reprogramming of funds under the National Intelligence Program under subsection (d) of such section, as so amended. SEC. 307. SENSE OF CONGRESS WITH RESPECT TO MULTI-LEVEL SECURITY CLEARANCES. It is the sense of Congress that the Director of National Intelligence should promptly establish and oversee the implementation of a multi-level security clearance system across the intelligence community to leverage the cultural and linguistic skills of subject matter experts and individuals proficient in foreign languages critical to national security. SEC. 308. REPORTS ON FAILURE TO TIMELY IMPLEMENT THE NATIONAL COUNTERTERRORISM CENTER. (a) Initial Report on Failure to Meet Deadlines Imposed Under Law.--Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall provide written notice to Congress explaining the failure of the executive branch to implement the National Counterterrorism Center, as established under section 119 of the National Security Act of 1947, as added by section 1021 of the National Security Intelligence Reform Act of 2004 (title I of the Intelligence Reform and Terrorism Prevention Act of 2004; Public Law 108-458), by the deadlines imposed under section 1097(a) of such Act for the implementation of such Center, including the failure by the President to nominate an individual to serve as Director of the National Counterterrorism Center. (b) Subsequent Monthly Updates.--The Director of National Intelligence shall provide to Congress monthly updates to the initial notice to Congress under subsection (a) until the National Counterterrorism Center is fully implemented and operational. Passed the House of Representatives June 21, 2005. Attest: JEFF TRANDAHL, Clerk.

Intelligence Authorization Act for Fiscal Year 2006 - Title I: Intelligence Activities - (Sec. 101) Authorizes appropriations for FY2006 for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence; (2) Central Intelligence Agency (CIA); (3) Department of Defense (DOD); (4) Defense Intelligence Agency; (5) National Security Agency (NSA); (6) Departments of the Army, Navy, and Air Force; (7) Departments of State, the Treasury, Energy, and Justice; (8) Federal Bureau of Investigation (FBI); (9) National Reconnaissance Office; (10) National Geospatial-Intelligence Agency; (11) Coast Guard; and (12) Department of Homeland Security. (Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2006, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President. (Sec. 103) Allows the Director of National Intelligence (DNI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 2006 when necessary for the performance of important intelligence functions. Requires notification of the congressional intelligence committees on the use of such authority. (Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2006, for full-time personnel for elements within such Account, and for certain classified personnel. Title II: Central Intelligence Agency Retirement and Disability System - (Sec. 201) Authorizes appropriations for FY2006 for the Central Intelligence Agency Retirement and Disability Fund. Title III: General Provisions - (Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. (Sec. 302) Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States. (Sec. 304) Requires the DNI's: (1) Science and Technology Committee to prioritize research and development related to intelligence; and (2) Director of Science and Technology to assist the DNI in establishing intelligence community (IC) technology goals. Directs the DNI to report to Congress a strategy for the development and use of technology in the IC through 2021. (Sec. 305) Requires the DNI to submit to the intelligence committees a classified comprehensive inventory of all special access programs under the National Intelligence Program. (Sec. 306) Expresses the sense of Congress that the DNI should expeditiously establish the necessary processes and procedures with the heads of executive departments and agencies to carry out the budgetary execution authorities within the National Security Intelligence Reform Act of 2004. (Sec. 307) Expresses the sense of Congress that the DNI should promptly establish and oversee implementation of a multi-level security clearance system across the IC to leverage the cultural and linguistic skills of subject matter experts and individuals proficient in foreign languages critical to national security. (Sec. 308) Requires the DNI to provide written notice to Congress explaining the failure of the executive branch to implement within the appropriate deadlines the National Counterterrorism Center, as required under the National Security Intelligence Reform Act of 2004, including the failure by the President to nominate an individual to serve as its Director. Requires monthly updates of such notice until the Center is fully implemented and operational.

To authorize appropriations for fiscal year 2006 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethical Stem Cell Research Tax Credit Act of 2008''. SEC. 2. CREDIT FOR ETHICAL STEM CELL RESEARCH. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 (relating to business related credits) of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45O. ETHICAL STEM CELL RESEARCH. ``(a) Allowance of Credit.--For purposes of section 38, in the case of an eligible taxpayer, the ethical stem cell research credit determined under this section for the taxable year shall be an amount equal to 30 percent of the qualified stem cell research expenses paid or incurred by the taxpayer during the taxable year. ``(b) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means any taxpayer that elects the application of this section for the taxable year. ``(c) Qualified Stem Cell Research Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified stem cell research expenses' means expenses which are paid or incurred by the eligible taxpayer during the taxable year in carrying on basic and applied research to develop techniques for the isolation, derivation, production, testing, and human clinical use of stem cells that may result in improved understanding of or treatments for diseases and other adverse health conditions, no part of which may involve-- ``(A) the creation of a human embryo for research purposes, ``(B) the destruction of or discarding of, or risk of injury to, a human embryo, or ``(C) the use of any stem cell, the derivation or provision of which would be inconsistent with subparagraph (A) or (B). ``(2) Human embryo.--The term `human embryo' means any organism not protected as a human subject under part 46 of title 45, Code of Federal Regulations (as in effect on the date of the enactment of this section) that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. ``(3) Risk of injury.--The term `risk of injury' means subjecting a human embryo to risk of injury or death greater than that allowed for research on a fetus in utero under section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)) (as in effect on the date of the enactment of this section) and section 46.204(b) of title 45, Code of Federal Regulations (as so in effect). ``(d) Treatment of Qualified Stem Cell Research Expenses.-- ``(1) In general.--Except as provided in paragraph (2), any qualified stem cell research expenses for a taxable year to which an election under this section applies shall not be taken into account for purposes of determining the credit allowable under section 41 for such taxable year. ``(2) Treated as base period research expenses.--Any qualified stem cell research expenses for any taxable year which are qualified research expenses (within the meaning of section 41(b)) shall be taken into account in determining base period research expenses for purposes of applying section 41 to subsequent taxable years. ``(e) Special Rules.-- ``(1) Limitation.--No credit shall be allowed under this section with respect to any stem cell research conducted by a corporation to which an election under section 936 applies. ``(2) Aggregation of expenditures and allocations of credit.--Rules similar to the rules of paragraphs (1) and (2) of section 41(f) and section 41(g) shall apply for purposes of this section.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) the ethical stem cell research credit determined under section 45O(a).''. (c) Denial of Double Benefit.--Section 280C of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Ethical Stem Cell Research Credit.-- ``(1) In general.--No deduction shall be allowed for that portion of the qualified stem cell research expenses (as defined in section 45O(c)(1)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45O(a). ``(2) Similar rule where taxpayer capitalizes rather than deducts expenses.--If-- ``(A) the amount of the credit determined for the taxable year under section 45O(a), exceeds ``(B) the amount allowable as a deduction for such taxable year for qualified stem cell research expenses (determined without regard to paragraph (1)), the amount chargeable to capital account for the taxable year for such expenses shall be reduced by the amount of such excess. ``(3) Controlled groups.--Paragraph (3) of subsection (b) shall apply for purposes of this subsection.''. (d) Clerical Amendment.--The table of sections for 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 item: ``Sec. 45O. Ethical stem cell research.''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

Ethical Stem Cell Research Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for 30% of qualified stem cell research expenses paid or incurred in a taxable year. Defines "qualified stem cell research expenses" as expenses for carrying out basic and applied research to develop techniques for the isolation, derivation, production, testing, and human clinical use of stem cells that may result in improved understanding of or treatments for diseases and other adverse health conditions. Prohibits a tax credit for any research expenses that may involve: (1) the creation of a human embryo for research purposes; (2) the destruction of or discarding of, or risk of injury to, a human embryo; or (3) the use of any stem cell for prohibited purposes.

A bill to amend the Internal Revenue Code of 1986 to provide a Federal income tax credit for certain stem cell research expenditures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Towing Vessel Safety Act of 1996''. SEC. 2. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT FOR TOWING VESSELS. (a) In General.--Section 4102 of title 46, United States Code, is amended by adding at the end the following: ``(f)(1) In prescribing regulations for towing vessels, the Secretary shall-- ``(A) consider the characteristics, methods of operation, and nature of the service of towing vessels; ``(B) consult with the Towing Safety Advisory Committee; and ``(C) require, to the extent appropriate, the installation, maintenance, and use of and familiarity with the following equipment on each towing vessel, other than a towing vessel that is used only for towing disabled vessels: ``(i) A radar system. ``(ii) An electronic position-fixing device. ``(iii) A sonic depth finder. ``(iv) A compass or swing meter. ``(v) Adequate towing wire and associated equipment. ``(vi) Up-to-date navigational charts and publications for the areas normally transited by the vessel. ``(vii) Other safety equipment the Secretary determines to be necessary. ``(2) The Secretary shall establish in regulations under this chapter requirements that-- ``(A) any equipment required on a towing vessel under paragraph (1) shall be maintained in effective operating condition; and ``(B) if such equipment on a vessel ceases to operate, the master of the vessel shall exercise due diligence to restore the equipment to effective operating condition, or cause it to be restored to that condition, at the earliest practicable date.''. (b) Regulations.--The Secretary of Transportation shall issue regulations by not later than 12 months after the date of the enactment of this Act, prescribing navigational publication and equipment requirements under subsection (f) of section 4102 of title 46, United States Code, as added by subsection (a) of this section. SEC. 3. REPORTING MARINE CASUALTIES. (a) Expedited Reporting Required.--Section 6101(b) of title 46, United States Code, is amended by striking ``within 5 days'' and inserting ``by as soon as practicable, but in no case later than within 5 days,''. (b) Penalty for Failure To Report a Casualty.--Section 6103(a) of title 46, United States Code is amended by striking ``$1,000'' and inserting ``not more than $25,000''. SEC. 4. REPORT ON FEASIBILITY OF ESTABLISHING A DIFFERENTIAL GLOBAL POSITIONING SATELLITE NAVIGATION SYSTEM AND ELECTRONIC CHARTS FOR INLAND WATERWAYS. Not later than 6 months after the date of the enactment of this Act, the Secretary of Transportation shall submit a report to the Congress on the feasibility of establishing a differential global positioning satellite navigation system and creating electronic charts for the inland waterways of the United States. SEC. 5. PROTECTION OF SEAMEN AGAINST DISCRIMINATION. Section 2114 of title 46, United States Code, is amended-- (1) by amending subsection (a) to read as follows: ``(a) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel may not discharge, temporarily remove, or in any manner discriminate against a seaman because the seaman-- ``(1) in good faith has reported or is about to report to the Coast Guard that the seaman believes that a violation of this subtitle, or a regulation issued under this subtitle, has occurred; or ``(2) refuses to violate this subtitle or a regulation issued under this subtitle.''; and (2) in subsection (b)-- (A) in paragraph (1) by striking ``and'' after the semicolon; (B) in paragraph (2) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(3) an award of cost and reasonable attorney's fees to the prevailing plaintiff.''. SEC. 6. MANNING AND LICENSING REQUIREMENTS FOR TOWING VESSELS. (a) Manning Requirements.--Section 8904 of title 46, United States Code, is amended by adding at the end the following: ``(c) A towing vessel, other than a vessel referred to in subsection (b), shall-- ``(1) while being operated, have on board an individual licensed by the Secretary as a master of that type of towing vessel; and ``(2) be operated by an individual licensed by the Secretary to operate that type of towing vessel.''. (b) Regulations Establishing Licenses for Masters and Operators.-- Section 7101 of title 46, United States Code, is amended by adding at the end the following: ``(j)(1) The Secretary shall prescribe regulations which establish licenses for masters and mates of towing vessels. ``(2) Regulations under this subsection shall provide that an individual may be issued a license as a master or mate of a towing vessel only if the individual-- ``(A) demonstrates proficiency in the use of the equipment required pursuant to section 4102(f)(1)(C) of this title; and ``(B) demonstrates proficiency in operating a towing vessel. ``(3) Regulations under this subsection may establish standards and procedures under which the Secretary may delegate, to individuals who have experience in the operation of towing vessels and to other qualified persons, the authority to conduct examinations required for the issuance of a license as a master or mate of a towing vessel.''. (c) Existing Uninspected Towing Vessel Operator License Holders.-- An uninspected towing vessel operator license that is valid on the date of enactment of this Act shall be valid as a master or mate license required under section 8904 of title 46, United States Code, as amended by this section, until otherwise required to be renewed. The Secretary shall require that an individual applying for a first renewal of such a license as a master or mate license under that section demonstrate proficiency under the requirements of section 7101(j) of title 46, United States Code, as added by this section. (d) Effective Date.--The amendments made by this section shall take effect 2 years after the date of the enactment of this Act. (e) Deadline for Regulations.--The Secretary of the department in which the Coast Guard is operating shall issue regulations under the amendments made by this section by not later than 1 year after the date of the enactment of this Act. SEC. 7. INSPECTION OF TOWING VESSELS. (a) In General.--Section 3301 of title 46, United States Code, is amended by adding at the end the following: ``(14) towing vessels.''. (b) Exception.--Section 3302 of title 46, United States Code, is amended by adding at the end the following: ``(n) A towing vessel is not subject to inspection under section 3301(14) of this title if the vessel-- ``(1) is used only for towing disabled vessels; or ``(2) is not used to pull, push, or haul alongside a barge that is subject to inspection under section 3301 of this title.''. (c) Equipment Requirements.--Section 3306 of title 46, United States Code, is amended by adding at the end the following: ``(j) In prescribing regulations for towing vessels, the Secretary shall-- ``(1) consider the characteristics, methods of operation, and nature of the service of towing vessels; ``(2) consult with the Towing Safety Advisory Committee; and ``(3) require, to the extent appropriate, the installation, maintenance, and use of the following equipment on each towing vessel, other than a towing vessel that is used only for towing disabled vessels: ``(A) A radar system. ``(B) An electronic position-fixing device. ``(C) Adequate communications equipment. ``(D) A sonic depth finder. ``(E) A compass or swing meter. ``(F) Adequate towing equipment. ``(G) Up-to-date navigational charts and publications for the areas normally transited by the vessel. ``(H) Adequate fire fighting equipment. ``(I) Other equipment the Secretary determines will minimize the risk of injury to the crew or the risk of a vessel or barge casualty.''. (d) Regulations.--The Secretary of Transportation shall prescribe regulations implementing this section within 1 year after the date of enactment of this Act. SEC. 8. CIVIL PENALTIES. (a) Prohibited Operation of Uninspected Towing Vessel, Generally.-- Section 4106 of title 46, United States Code, is amended by striking ``$5,000'' and inserting ``$25,000''. (b) Operation of Uninspected Towing Vessel in Violation of Manning Requirements.--Section 8906 of title 46, United States Code, is amended by striking ``$1,000'' and inserting ``not more than $25,000''.

Towing Vessel Safety Act of 1996 - Amends Federal marine safety law to require the Secretary of Transportation, in prescribing regulations for towing vessels, to: (1) consider the characteristics and nature of the service of towing vessels; (2) consult with the Towing Safety Advisory Committee; and (3) require the installation of certain navigational safety equipment on each towing vessel (other than one used only for towing disabled vessels). Revises the marine casualty reporting deadline to require that marine casualties be reported as soon as practicable, but in no case later than within five days (currently, within five days). Increases from $1,000 to up to $25,000 the civil penalty for vessel owners and operators for failing to report marine casualties. Requires the Secretary to report to the Congress on the feasibility of establishing a differential global positioning satellite navigation system and creating electronic charts for U.S. inland waterways. Revises antidiscrimination provisions to prohibit a vessel owner or operator from temporarily removing a seaman because he or she refuses in good faith to violate marine safety regulations. Requires towing vessels to be: (1) manned by a licensed master; and (2) operated by a licensed individual. Directs the Secretary to prescribe regulations which establish licenses for masters and mates of such vessels, subject to specified conditions. Subjects towing vessels to Federal inspection laws, with specified exceptions. Increases civil penalties for violations of licensing (from $5,000 to $25,000) and manning (from $1,000 to up to $25,000) requirements committed by owners and operators of uninspected towing vessels.

Towing Vessel Safety Act of 1996

SECTION 1. INDIAN EDUCATION ASSISTANCE TRUST FUNDS. (a) Establishment.-- (1) Arizona fund.-- (A) In general.--There is established in the Treasury of the United States a fund to be known as the Interim Arizona InterTribal Education Assistance Trust Fund subject to the same conditions as described for the Arizona InterTribal Trust Fund in subsections (c) and (d) of section 405 of the Arizona-Idaho Conservation Act of 1988, Public Law 100-696 (hereinafter ``the Act''). (B) Amounts in fund.--The fund established in subparagraph (A) shall consist of such amounts as are appropriated and allocated to the fund pursuant to subsection (b). (2) Navajo fund.-- (A) In general.--There is established in the Treasury of the United States a fund to be known as the Interim Navajo Education Assistance Trust Fund subject to the same conditions as described for the Navajo Trust Fund in subsections (c) and (d) of section 405 of the Act. (B) Amounts in fund.--The fund established in subparagraph (A) shall consist of such amounts as are appropriated and allocated to the fund pursuant to subsection (b). (b) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated an aggregate of $34,900,000 to the funds established in subsection (a) to be allocated in accordance with paragraph (2). In no case shall moneys appropriated pursuant to this authorization diminish or otherwise reduce any Indian account. (2) Allocation.-- (A) Arizona fund.--Sums appropriated pursuant to paragraph (1) shall be allocated to the fund established in subsection (a)(1) in the same manner as sums are allocated to the Arizona InterTribal Trust Fund pursuant to section 405 of the Act. (B) Navajo fund.--Sums appropriated pursuant to paragraph (1) shall be allocated to the fund established in subsection (a)(2) in the same manner as sums are allocated to the Navajo Trust Fund pursuant to section 405 of such Act. (c) Reimbursement.-- (1) In general.-- (A) Full appropriation.--Notwithstanding title IV of such Act, if the full amount specified in subsection (b)(1) is appropriated and allocated in accordance with subsection (b) prior to the date on which the first annual payment is required to be made by Collier to the Arizona InterTribal Trust Fund and the Navajo Trust Fund under title IV of such Act, and the Trust Fund Payment Agreement required under section 403 of such Act, the Secretary of the Interior shall direct Collier to pay to the Secretary of the Treasury for deposit into the general fund of the Treasury any amounts otherwise due and payable to the United States under the Trust Fund Payment Agreement, in lieu of and in full satisfaction of payment to the United States by Collier for deposit into the Arizona InterTribal Trust Fund and the Navajo Trust Fund pursuant to title IV of such Act and such Trust Fund Payment Agreement. (B) Partial appropriation.--Notwithstanding title IV of such Act, if less than the amount specified in subsection (b)(1) is appropriated and allocated in accordance with subsection (b) prior to the date described in subparagraph (A), at such time as Collier is required to make any payment under the Trust Fund Payment Agreement described under subparagraph (A), the Secretary of the Interior shall direct Collier to pay, in full satisfaction and in lieu of such payment-- (i) to the Secretary of the Treasury for deposit into the general fund of the Treasury, an amount which bears the same proportion to the total amount of such payment as the total of the sums appropriated pursuant to subsection (b) bears to $34,900,000, and (ii) to the Secretary of the Interior for deposit into the Arizona InterTribal Trust Fund and Navajo Trust Fund, in accordance with section 405 of the Act, the remainder of each such payment. (2) Definition.--As used in this subsection, the term ``Collier'' has the meaning provided under section 401(5) of such Act. (d) Termination.-- (1) In general.--The funds established in subsection (a) shall terminate on the date of the first Collier payment described in subsection (c)(1)(A). (2) Transfer of remaining sums.--Upon termination under paragraph (1)-- (A) The Secretary of the Treasury shall transfer any sums remaining in the fund established in subsection (a)(1) to the Arizona InterTribal Trust Fund established under section 405(a) of such Act; and (B) The Secretary of the Treasury shall transfer any sums remaining in the fund established in subsection (a)(2) to the Navajo Trust Fund established under section 405(a) of such Act. (e) No funds appropriated under this Act shall be available to the InterTribal Council in Arizona (ITCA) and Navajo Tribe (as defined in section 401 of the Act) or be deposited into the Interim Trust Funds established by section 1 of this Act unless the ITCA and Navajo Tribe provide written consent to the method of payment established in this Act in lieu of the method of payment provided in the Act and the Trust Fund Payment Agreement authorized by the Act.

Establishes in the Treasury the Interim Arizona InterTribal Education Assistance Trust Fund and the Interim Navajo Education Assistance Trust Fund (interim education funds). Subjects such funds to the same conditions as those for the Arizona InterTribal Trust Fund and the Navajo Trust Fund (permanent funds) under the Arizona-Idaho Conservation Act of 1988. Authorizes appropriations. Requires reimbursement of such sums to the Treasury by the Barron Collier Co. in fulfillment of its obligations under such Act.

To provide Indian education assistance to carry out the purposes of title IV of the Arizona-Idaho Conservation Act of 1988, Public Law 100-696, to provide for reimbursement to the Treasury by certain private parties, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Security and American Cyber Competitiveness Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Malicious state, terrorist, and criminal actors exploiting vulnerabilities in information and communications networks and gaps in cyber security pose one of the most serious and rapidly growing threats to both the national security and economy of the United States. (2) With information technology now the backbone of the United States economy, a critical element of United States national security infrastructure and defense systems, the primary foundation of global communications, and a key enabler of most critical infrastructure, nearly every single American citizen is touched by cyberspace and is threatened by cyber attacks. (3) Malicious actors in cyberspace have already caused significant damage to the United States Government, the United States economy, and United States citizens: United States Government computer networks are probed millions of times each day; approximately 9,000,000 Americans have their identities stolen each year; cyber crime costs American businesses with 500 or more employees an average of $3,800,000 per year; and intellectual property worth over $1,000,000,000,000 has already been stolen from American businesses. (4) In its 2009 Cyberspace Policy Review, the White House concluded, ``Ensuring that cyberspace is sufficiently resilient and trustworthy to support United States goals of economic growth, civil liberties and privacy protections, national security, and the continued advancement of democratic institutions requires making cybersecurity a national priority.'' (5) An effective solution to the tremendous challenges of cyber security demands cooperation and integration of effort across jurisdictions of multiple Federal, State, local, and tribal government agencies, between the government and the private sector, and with international allies, as well as increased public awareness and preparedness among the American people. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that Congress should enact, and the President should sign, bipartisan legislation to secure the United States against cyber attack, to enhance American competitiveness and create jobs in the information technology industry, and to protect the identities and sensitive information of American citizens and businesses by-- (1) enhancing the security and resiliency of United States Government communications and information networks against cyber attack by nation-states, terrorists, and cyber criminals; (2) incentivizing the private sector to quantify, assess, and mitigate cyber risks to their communications and information networks; (3) promoting investments in the American information technology sector that create and maintain good, well-paying jobs in the United States and help to enhance American economic competitiveness; (4) improving the capability of the United States Government to assess cyber risks and prevent, detect, and robustly respond to cyber attacks against the government and the military; (5) improving the capability of the United States Government and the private sector to assess cyber risk and prevent, detect, and robustly respond to cyber attacks against United States critical infrastructure; (6) preventing and mitigating identity theft and guarding against abuses or breaches of personally identifiable information; (7) enhancing United States diplomatic capacity and international cooperation to respond to emerging cyber threats, including promoting security and freedom of access for communications and information networks around the world and battling global cyber crime through focused diplomacy; (8) protecting and increasing the resiliency of United States' critical infrastructure and assets, including the electric grid, military assets, the financial sector, and telecommunications networks against cyber attacks and other threats and vulnerabilities; (9) expanding tools and resources for investigating and prosecuting cyber crimes in a manner that respects privacy rights and civil liberties and promotes American innovation; and (10) maintaining robust protections of the privacy of American citizens and their on-line activities and communications.

Cyber Security and American Cyber Competitiveness Act of 2011 - Calls for the enactment of bipartisan legislation to secure the United States against cyber attack, enhance American competitiveness and create jobs in the information technology industry, and protect the identities and sensitive information of American citizens and businesses by: (1) enhancing the security and resiliency of U.S. government communications and information networks against cyber attack; (2) incentivizing the private sector to quantify, assess, and mitigate cyber risks to networks; (3) promoting investments in the American information technology sector; (4) improving the capability of the government and the private sector to assess cyber risks and prevent, detect, and respond to cyber attacks; (5) preventing and mitigating identity theft; (6) enhancing U.S. diplomatic capacity and international cooperation to respond to emerging cyber threats; (7) protecting and increasing the resiliency of U.S critical infrastructure and assets against cyber attacks; (8) expanding resources for investigating and prosecuting cyber crimes in a manner that respects privacy rights and civil liberties and promotes American innovation; and (9) maintaining robust protections of the privacy of American citizens and their on-line activities and communications.

A bill to secure the United States against cyber attack, to enhance American competitiveness and create jobs in the information technology industry, and to protect the identities and sensitive information of American citizens and businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Africa Counter Terrorism Initiative Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The proliferation of terrorist groups is rampant in unstable countries in West and sub-Saharan Africa. The biggest regional threats include al-Qaeda in the Islamic Maghreb (AQIM), which has known ties to al-Qaeda in the Arabian Peninsula (AQAP), Boko Haram, and al-Shabab. The opportunity to expand the strategic reach and force projection of the United States into the theater of operations of the United States Africa Command (in this Act referred to as ``AFRICOM'') is now. With the United States strategic pivot to the Pacific now underway, the need to ensure retention of a strong Atlantic presence is a vital and delicate aspect of strategic re- positioning. (2) The United States Central Command operates from its headquarters in Tampa, Florida, with a forward operating location in Qatar. The United States Southern Command operates from its headquarters in Miami, Florida, with forward operating locations in Honduras and El Salvador. It is not unusual for United States military units and their combatant command headquarters to operate in different time zones. (3) Analyses conducted by the Government Accountability Office found that the annual recurring cost of maintaining a United States-based headquarters for AFRICOM would be $60 million to $70 million less than the cost of operating the AFRICOM headquarters in Stuttgart, Germany. The annual cost of providing AFRICOM personnel with overseas housing and cost-of- living pay was $81 million per year, compared with the $19 million to $25 million these would cost if the personnel were located in the United States. The break-even point to recover one-time relocation costs to the United States would be reached between 2 and 6 years after relocation, depending on the costs to establish facilities in the United States. Relocating AFRICOM to the continental United States could create up to 4,300 additional jobs, with an annual impact on the local economy ranging from $350 million to $450 million. (4) After an internal cost assessment, the Department of Defense decided to keep AFRICOM headquarters in Stuttgart, without fully explaining why the operational benefits of keeping the headquarters in Germany outweigh the benefit of potentially saving millions of dollars per year and creating thousands of jobs in the United States. (5) A review by the Government Accountability Office in 2013 of the Department's decision to keep AFRICOM headquarters in Germany found that the decision was not supported by comprehensive and well-documented analysis that balanced the operational and cost benefits of the options available to the Department. (6) In April 2013, after the decision had been made to maintain AFRICOM headquarters in Germany, Secretary of Defense Chuck Hagel called on the Department to challenge all past assumptions in order to seek cost savings and efficiencies in ``a time of unprecedented shifts in the world order, new global challenges, and deep global fiscal uncertainty'', to explore the full range of options for implementing United States national security strategy, and to ``put everything on the table''. The Secretary stated that the size and shape of the military forces should constantly be reassessed. He stated that this reassessment should include determining the most appropriate balance between forward-stationed, rotationally deployed, and home-based forces. (7) It is within the strategic and fiscal responsibility of Congress to fully analyze and provide for the implementation of any consolidation of military installations. There are more than 110,000 troops and civilians stationed and employed at 29 military installations in Europe. Priority should be given to consolidating bases that are in close proximity to each other and that can achieve cost savings without detriment to operational readiness, such as Royal Air Force Station Mildenhall and Royal Air Force Station Lakenheath, as well as Moron Air Base, Spain, and Naval Station Rota, Spain. (8) Of particular concern is the decision to deploy assets to Moron Air Base, where the readiness and effectiveness of deployed troops is hindered by the lack of infrastructure to house, train, and equip them. Specifically, Moron lacks the facilities to properly perform ground and naval training operations, and only has limited ability to accomplish air training operations. By contrast, Lajes Field has implemented more than $150 million of major infrastructure upgrades over the past 12 years to improve the quality of life, upgrade communication capabilities, bolster security, and enhance military operations. With a nearby port, sprawling fields, and unrestricted airspace, Lajes Field has the unique ability to host extensive air, ground, and naval training operations. Lajes' strategic location, infrastructure improvements, unrestricted air space, and outstanding training environment for all forces make this an indispensable asset and an ideal forward operating base for AFRICOM, as opposed to spending hundreds of millions of dollars to upgrade aging sites such as Moron Air Base, Spain. (9) It is in the national interest of the United States to save millions of dollars per year and bring thousands of jobs to the United States by moving AFRICOM headquarters from Stuttgart, Germany, to the continental United States. SEC. 3. REQUIREMENT FOR PLAN TO MOVE AFRICOM HEADQUARTERS TO CONTINENTAL UNITED STATES. (a) Plan Required.--The Secretary of Defense shall develop a plan in accordance with subsection (b) to transfer the headquarters of AFRICOM from Stuttgart, Germany, to a location in the continental United States. (b) Matters Covered.-- (1) Assets of africom.--The plan required under this section shall provide for-- (A) the 65th Air Base Wing to be an AFRICOM asset; (B) AFRICOM permanent assets (including assets related to air, ground, special operations, and logistics) to be located at Lajes Field, Azores, Portugal; and (C) the transfer of United States assets at Lajes Field from United States European Command to AFRICOM, for purposes of being the forward operating location, logistical hub, and location of assets of AFRICOM. (2) Relocations to lajes field.--The plan required under this section shall also provide for the relocation of the Special-Purpose Marine Air-Ground Task Force Crisis Response (SP-MAGTF CR) from Moron Air Base, Spain, to Lajes Field. (c) Submission to Congress.--The plan required under this section shall be submitted to Congress not later than 6 months after the date of the enactment of this Act. (d) Implementation of Plan.--The Secretary of Defense shall implement the plan required by this section within 6 months after submission of the plan to Congress under subsection (c), and in no event later than 1 year after the date of the enactment of this Act. SEC. 4. REQUIREMENT FOR REVIEW OF AGREEMENT ON COOPERATION AND DEFENSE BETWEEN THE UNITED STATES AND PORTUGAL. The Secretary of Defense shall conduct a review of the Agreement on Cooperation and Defense Between the United States and Portugal, signed at Lisbon June 1, 1995, to ensure that such Agreement accurately reflects and accounts for the plan required under section 3. SEC. 5. CONTINUED OPERATION OF LAJES FIELD. Effective until at least the date of completion of the 2018 quadrennial defense review, Lajes Field shall continue operating 24 hours a day, at or above its 2012 levels of readiness.

Africa Counter Terrorism Initiative Act - Directs the Secretary of Defense (DOD) to develop, submit to Congress, and implement within one year after enactment of this Act a plan to transfer the headquarters of AFRICOM from Stuttgart, Germany, to a location in the continental United States. Requires the plan to provide for: (1) the 65th Air Base Wing to be an AFRICOM asset; (2) AFRICOM permanent assets to be located at Lajes Field, Azores, Portugal; (3) the transfer of U.S. assets at Lajes Field from United States European Command to AFRICOM for purposes of being the forward operating location, logistical hub, and location of AFRICOM assets; and (4) the relocation of the Special-Purpose Marine Air-Ground Task Force Crisis Response (SP-MAGTF CR) from Moron Air Base, Spain, to Lajes Field. Directs the Secretary to conduct a review of the Agreement on Cooperation and Defense Between the United States and Portugal, signed at Lisbon on June 1, 1995, to ensure that such Agreement accurately reflects and accounts for such plan. Requires Lajes Field to continue operating 24 hours a day, at or above its 2012 levels of readiness, effective until at least the date of completion of the 2018 quadrennial defense review.

Africa Counter Terrorism Initiative Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuels for Energy Security Act of 2001''. SEC. 2. RENEWABLE CONTENT OF MOTOR VEHICLE FUEL. (a) Definitions.--In this section: (1) Biodiesel.--The term ``biodiesel'' means mono alkyl esters of long chain fatty acids derived from renewable liquid sources such as vegetable oils or animal fats, for use in compression-ignition (diesel) engines. (2) Biogas.--The term ``biogas'' means gas produced from a biogas source. (3) Biogas source.--The term ``biogas source'' means-- (A) a landfill; (B) a sewage waste treatment plant; (C) a feedlot; and (D) any other accumulation of decaying organic material. (4) Biomass.-- (A) In general.--The term ``biomass'' means lignocellulosic or hemicellulosic matter that is available on a renewable basis. (B) Inclusions.--The term ``biomass'' includes-- (i) dedicated energy crops and trees; (ii) wood and wood residues; (iii) plants; (iv) grasses; (v) agricultural commodities and residues; (vi) fibers; and (vii) animal waste, municipal solid waste, and other waste. (5) Biomass ethanol.--The term ``biomass ethanol'' means ethanol derived from biomass. (6) Renewable fuel.--The term ``renewable fuel'' means fuel that-- (A) is-- (i) biodiesel; (ii) ethanol or any other liquid fuel produced from biomass; or (iii) biogas; and (B) is used to reduce the quantity of fossil fuel present in a fuel mixture used to operate a motor vehicle. (7) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Renewable Fuel Program.-- (1) Program requirements.--The motor vehicle fuel sold or introduced into commerce in the United States in calendar year 2002 or any calendar year thereafter by a refiner, blender, or importer shall, on a 6-month average basis, be comprised of a quantity of renewable fuel, measured in gasoline-equivalent gallons (as determined by the Secretary), that is not less than the applicable percentage by volume for the 6-month period. (2) Applicable percentage.-- (A) In general.--For the purposes of paragraph (1), the applicable percentage for a 6-month period of a calendar year shall be determined in accordance with the following table, unless modified under subparagraph (B): Calendar year: Applicable percentage of renewable fuel: 2002.......................................... .8 2003.......................................... .9 2004.......................................... 1.1 2005.......................................... 1.3 2006.......................................... 1.5 2007.......................................... 1.7 2008.......................................... 2.0 2009.......................................... 2.3 2010.......................................... 2.6 2011.......................................... 3.0 2012.......................................... 3.42 2013.......................................... 3.84 2014.......................................... 4.24 2015.......................................... 4.63 2016 and thereafter........................... 5.00. (B) Adjustments to applicable percentage.--On petition by a State, the Secretary, in consultation with the Secretary of Agriculture, may lower the applicable percentage specified in subparagraph (A) for a period of 1 calendar year with respect to motor vehicle fuel sold or introduced into commerce in the State, based on a determination by the Secretary, after public notice and opportunity for comment, that during the calendar year there is likely to be an inadequate domestic supply or distribution capacity in the State to meet the applicable percentage specified in subparagraph (A) for the calendar year. (C) Petitions for adjustment.-- (i) Submission.--A State shall submit a petition under subparagraph (B) not later than September 1 of the year preceding the calendar year for which the adjustment is sought. (ii) Action on petitions.--The Secretary, in consultation with the Secretary of Agriculture, shall approve or deny a State petition before the beginning of the calendar year. (c) Credit Program.-- (1) In general.--Not later than 270 days after the date of enactment of this Act, the Secretary shall promulgate regulations providing for the generation of an appropriate amount of credits by a person that refines, blends, or imports motor vehicle fuel that contains, on a 6-month average basis, a quantity of renewable fuel that is greater than the quantity required for that 6-month period under subsection (b). (2) Use of credits.--A person that generates credits under paragraph (1) may use the credits, hold the credits for later use, or transfer all or a portion of the credits to another person, for the purpose of complying with subsection (b). (3) Expiration of credits.--A credit generated under this subsection shall expire 2 years after the date on which the credit was generated. (4) Inability to purchase sufficient credits.--The regulations under paragraph (1) shall include provisions allowing a refiner, blender, or importer that is unable to purchase sufficient credits to meet the requirements of subsection (b) to enter into an enforceable agreement to generate or purchase sufficient credits to make up for any deficiency within a period of time specified in the agreement. (5) Testing; reports.--The regulations under paragraph (1) may include provisions requiring a refiner, blender, or importer-- (A) to conduct tests to ascertain the composition of fuels for the purpose of compliance with subsection (b); and (B) to submit to the Secretary periodic reports on the composition of the fuels refined, blended, or imported. (d) Civil Penalties and Enforcement.-- (1) Civil penalties.-- (A) In general.--The Secretary may impose against a person that fails to comply with subsection (b) or with a regulation under subsection (c) a civil penalty in the amount of-- (i) not more than $25,000 for each day of the failure to comply; plus (ii) the amount of economic benefit realized by the person as a result of the failure to comply. (B) Averaging period.--Any failure to comply with respect to a regulation under subsection (c) that establishes a regulatory requirement based on an averaging period shall constitute a separate day of failure of compliance for each day of the averaging period. (2) Enforcement.--The Secretary may bring a civil action in United States district court for-- (A) an order enjoining a failure to comply with subsection (b) or with a regulation under subsection (c); and (B) other appropriate relief.

Renewable Fuels for Energy Security Act of 2001 - Sets forth requirements for a renewable fuel program under which the motor vehicle fuel placed into commerce by a refiner, blender, or importer shall be composed of renewable fuel measured according to a statutory formula for specified calendar years.Establishes civil penalties for non-compliance with such program.

A bill to provide for the energy security of the United States and promote environmental quality by enhancing the use of motor vehicle fuels from renewable sources, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemember Employment Protection Act of 2012''. SEC. 2. UNENFORCEABILITY OF AGREEMENTS TO ARBITRATE DISPUTES ARISING UNDER USERRA. (a) In General.--Subchapter III of chapter 43 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 4328. Unenforceability of agreements to arbitrate disputes ``(a) Protection of Employee Rights.--Notwithstanding any other provision of law, any clause of any agreement between an employer and an employee that requires arbitration of a dispute arising under this chapter shall not be enforceable. ``(b) Exceptions.--(1) Subsection (a) shall not apply with respect to any dispute if, after such dispute arises, the parties involved knowingly and voluntarily agree to submit such dispute to arbitration. ``(2) Subsection (a) shall not preclude the enforcement of any of the rights or terms of a valid collective bargaining agreement. ``(c) Validity and Enforcement.--Any issue as to whether this section applies to an arbitration clause shall be determined by Federal law. Except as otherwise provided in chapter 1 of title 9, the validity or enforceability of an agreement to arbitrate referred to in subsection (a) or (b)(1) shall be determined by a court, rather than the arbitrator, regardless of whether the party resisting arbitration challenges the agreement to arbitrate specifically or in conjunction with other terms of the agreement. ``(d) Application.--This section shall apply with respect to all contracts and agreements between an employer and an employee in force before, on, or after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4327 the following new item: ``4328. Unenforceability of agreements to arbitrate disputes.''. (c) Application.--The provisions of section 4328 of title 38, United States Code, as added by subsection (a), shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act. SEC. 3. EXPANSION OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED SERVICES TO INCLUDE PROTECTION FOR ABSENCES FROM EMPLOYMENT FOR MEDICAL TREATMENT RELATING TO SERVICE-CONNECTED INJURIES AND ILLNESSES. (a) In General.--Section 4303(13) of title 38, United States Code, is amended by inserting ``a period for which a person is absent from a position of employment for the purpose of medical or dental treatment for an injury or illness incurred or aggravated in line of duty during a period of service in the uniformed services,'' after ``for any such duty,''. (b) FMLA.-- (1) Rule of construction.--For purposes of that section 4303(13) and each covered provision-- (A) the reference in that section 4303(13) to a period for which a person is absent from a position of employment for the purpose of medical or dental treatment shall not be considered to be a reference to a period of leave under a covered provision; and (B) the person's employer shall not designate the period of absence as such a period of leave, unless the person requests and obtains the leave under the corresponding covered provision. (2) Definition.--In this subsection, the term ``covered provision'' means-- (A) title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), including the application of that title under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) and chapter 5 of title 3, United States Code; and (B) subchapter V of chapter 63 of title 5, United States Code. SEC. 4. SUSPENSION, TERMINATION, OR DEBARMENT OF CONTRACTORS FOR REPEATED VIOLATIONS OF EMPLOYMENT OR REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED SERVICES. (a) In General.--Subchapter III of chapter 43 of title 38, United States Code, as amended by section 2, is further amended by adding at the end the following new section: ``Sec. 4329. Suspension, termination, or debarment of contractors ``(a) Grounds for Suspension, Termination, or Debarment.--Payment under a contract awarded by a Federal executive agency may be suspended and the contract may be terminated, and the contractor who made the contract with the agency may be suspended or debarred in accordance with the requirements of this section, if the head of the agency determines that the contractor as an employer has repeatedly failed or refused to comply with a provision of this chapter. ``(b) Conduct of Suspension, Termination, and Debarment Proceedings.--A contracting officer who determines in writing that cause for suspension of payments, termination, or suspension or debarment exists shall initiate an appropriate action, to be conducted by the agency concerned in accordance with applicable law, including Executive Order 12549 or any superseding executive order, the Federal Acquisition Regulation, and any other regulations prescribed to implement the law or executive order. ``(c) Effect of Debarment.--A contractor debarred by a final decision under this section is ineligible for award of a contract by a Federal executive agency, and for participation in a future procurement by a Federal executive agency, for a period specified in the decision, not to exceed 5 years.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 43 of such title, as amended by section 2, is further amended by inserting after the item relating to section 4328, as added by such section, the following new item: ``4329. Suspension, termination, or debarment of contractor.''. (c) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out section 4329 of title 38, United States Code, as added by subsection (a). (d) Effective Date.--Section 4329 of title 38, United States Code, as added by subsection (a), shall apply with respect to failures and refusals to comply with provisions of chapter 43 of such title occurring on or after the date of the enactment of this Act.

Servicemember Employment Protection Act of 2012 - Makes unenforceable any clause of an agreement between an employer and employee requiring arbitration of a dispute arising under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Provides an exception when both parties voluntarily agree to arbitration. Requires any issue as to whether such requirement applies to an arbitration clause to be determined by federal law and the validity or enforceability of an agreement to arbitrate to be determined by a court rather than an arbitrator. Protects under USERRA an individual who is absent from employment in order to receive medical or dental treatment for an injury or illness incurred or aggravated in the line of duty. Authorizes the suspension, termination, or debarment of federal contractors for repeated failures or refusals to comply with USERRA protections.

A bill to amend title 38, United States Code, to improve the protection and enforcement of employment and reemployment rights of members of the uniformed services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Opportunities for Service- Disabled Veteran-Owned Small Businesses Act of 2014''. SEC. 2. SMALL BUSINESS DEFINITION OF SMALL BUSINESS CONCERN CONSOLIDATED. Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is amended-- (1) by amending paragraph (2) to read as follows: ``(2) Small business concern owned and controlled by service-disabled veterans.--The term `small business concern owned and controlled by service-disabled veterans' means a small business concern-- ``(A)(i) not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and ``(ii) the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or ``(B) not less than 51 percent of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern or, in the case of a publicly owned business, not less than 51 percent of the stock of which is owned by one or more such veterans.''; and (2) by adding at the end the following: ``(6) Treatment of businesses after death of veteran- owner.-- ``(A) In general.--If the death of a service- disabled veteran causes a small business concern to be less than 51 percent owned by one or more such veterans, the surviving spouse of such veteran who acquires ownership rights in such small business concern shall, for the period described in subparagraph (B), be treated as if the surviving spouse were that veteran for the purpose of maintaining the status of the small business concern as a small business concern owned and controlled by service-disabled veterans. ``(B) Period described.--The period referred to in subparagraph (A) is the period beginning on the date on which the service-disabled veteran dies and ending on the earliest of the following dates: ``(i) The date on which the surviving spouse remarries. ``(ii) The date on which the surviving spouse relinquishes an ownership interest in the small business concern. ``(iii) The date that-- ``(I) in the case of a surviving spouse of a veteran with a service- connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability, is 10 years after the date of the veteran's death; or ``(II) in the case of a surviving spouse of a veteran with a service- connected disability rated as less than 100 percent disabling who does not die as a result of a service-connected disability, is three years after the date of the veteran's death.''. SEC. 3. VETERANS AFFAIRS DEFINITION OF SMALL BUSINESS CONCERN CONSOLIDATED. Section 8127 of title 38, United States Code, is amended-- (1) by striking subsection (h); and (2) in subsection (l)(2), by striking ``means'' and all that follows through the period at the end and inserting the following: ``has the meaning given that term under section 3(q) of the Small Business Act (15 U.S.C. 632(q)).''. SEC. 4. GAO REPORT ON VERIFICATION OF STATUS. Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Veterans' Affairs and the Committee on Small Business of the House of Representatives a report-- (1) evaluating whether it is practicable for the Administrator of the Small Business Administration or the Secretary of Veterans Affairs to have Government-wide responsibility for verifying whether a business concern purporting to be a small business concern owned and controlled by service-disabled veterans (as defined under section 3(q) of the Small Business Act (15 U.S.C. 632(q)), as amended by this Act) qualifies as a small business concern owned and controlled by service-disabled veterans; and (2) making recommendations on the advisability of the Administrator of the Small Business Administration or the Secretary of Veterans Affairs having such Government-wide responsibility.

Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2014 - Amends the Small Business Act to expand the definition of "small business concern owned and controlled by service-disabled veterans" for purposes of federal agencies awarding small business contracts pursuant to Small Business Administration (SBA) programs to include: (1) a small business concern not less than 51% of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern; or (2) in the case of a publicly owned business, a small business concern not less than 51% of the stock of which is owned by one or more such veterans. (Currently, such veterans with permanent and total disabilities are provided for in a separate small business program under veterans' benefits laws carried out by the Department of Veterans Affairs [VA].) Revises the VA definition of "small business concern owned and controlled by veterans" to be the same as the SBA definition of such term, thereby making the eligibility requirements for participation in veteran-owned small business contracting programs consistent for both SBA programs and VA programs. Provides that if the death of a service-disabled veteran causes a small business concern to be less than 51% owned by one or more such veterans, the surviving spouse of such veteran who acquires ownership rights in such small business concern shall be treated as if the surviving spouse were that veteran for the purpose of maintaining the business's eligibility for such contracting programs until the earliest of the following dates: (1) the date on which the surviving spouse either remarries or relinquishes the ownership interest, (2) 10 years after the veteran's death in the case of a surviving spouse of a veteran with a service-connected disability rated as 100% disabling or who dies as a result of a service-connected disability, or (3) 3 years after the veteran's death in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100% disabling who does not die as a result of a service-connected disability. (Currently, the SBA program does not provide such treatment for surviving spouses while the VA program provides such treatment only until remarriage, ownership relinquishment, or for 10 years with respect to surviving spouses of veterans with a 100% disabling service-connected disability or who die as a result of a service-connected disability.) Requires a Comptroller General (GAO) report on the advisability of the SBA or the VA having government-wide responsibility for verifying businesses purporting to be small business concerns owned and controlled by service-disabled veterans.

Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Territories Infrastructure Bond Bank Authorization Act''. SEC. 2. DEFINITIONS. In this Act: (1) Bank.--The term ``Bank'' means the United States Territories Infrastructure Bond Bank. (2) Board.--The term ``Board'' means the Board of Directors of the United States Territories Infrastructure Bond Bank. (3) Debt instruments.--The term ``debt instruments'' means bonds or notes issued by the Bank under authority granted in this Act. (4) Infrastructure.--The term ``infrastructure'' means those facilities that are essential for public health, welfare, and safety, such as sewage treatment facilities, municipal water supply and treatment facilities, solid waste facilities, public safety equipment and facilities, roads, traffic control devices and other transportation facilities, sidewalks, buried utility lines and other streetscape improvements, parks and other open space or recreational areas. (5) Territorial customer.--The term ``territorial customer'' means any of the governments of the United States territories of American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, or such other territory as shall become eligible in accordance with the provisions of section 14. (6) Territory.--The term ``territory'' means a territory of the United States. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. ESTABLISHMENT. (a) In General.--The Secretary shall establish, in accordance with this Act, a body corporate and politic, with corporate succession, to be known as the ``United States Territories Infrastructure Bond Bank''. The Bank shall not be an agency or instrumentality of the Federal Government, and an officer, employee, or member of the board of the Bank shall not be deemed to be an officer or employee of or agent for the Federal Government by reason of such service. (b) Purpose.--The purpose of the Bank shall be to provide low-cost financing for any territorial customer to construct infrastructure or refinance debt that was acquired to construct infrastructure. (c) Essential Governmental Function.--The Bank shall be an entity exercising public and essential governmental functions, and the exercise by the Bank of the powers conferred by this Act is deemed to be an essential governmental function of the territories. (d) Incorporation of Bank.--The Secretary shall-- (1) incorporate the Bank in a jurisdiction of the United States, under the laws of that jurisdiction, after consultation with the governors of the territories; and (2) organize the initial meeting of the Board of Directors. SEC. 4. BOARD OF DIRECTORS. (a) In General.--Except as provided in section 14, the Bank shall be governed by a Board of Directors consisting of 5 members as follows: one appointed by the Secretary, and one each appointed by the governors of American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Residency.--A director from a territory shall be a resident of the territory from which the director was appointed. (c) Term of Office; Vacancy; Removal.--Directors shall serve for a term of 4 years, except that the terms of the members of the initial board shall terminate in a uniformly staggered fashion over the first 4 years of the Bank's existence as determined by the Secretary. A director may be reappointed. Any vacancy occurring other than by the expiration of a term shall be filled by appointment for the unexpired term. The Secretary may remove a director from office for cause after a public hearing. The Secretary may suspend a director pending the completion of this hearing. (d) Election of Chairman.--The Board shall elect a chairman by a simple majority from among the Board's members. (e) Oath of Office.--Each director shall-- (1) take and subscribe an oath, upon entering office, to perform the duties of his office faithfully, impartially and justly to the best of his ability, with a record of the oath to be filed with the records of the Bank; (2) submit a report of the director's personal investment holdings and if the Secretary determines that such holdings conflict with the purposes of this Act, the director must divest himself of such holdings, or vacate the position; and (3) execute a surety bond as required in section 12. (f) Compensation.--All directors shall be reimbursed for reasonable expenses incurred in carrying out their duties under this Act. SEC. 5. PROFESSIONAL STAFF. (a) Appointment of President by Board.--The Board shall appoint a President who shall serve at the pleasure of the Board, and, subject to the authority of the Board, shall exercise general supervision, direction, and control of the affairs of the Bank. The Board of Directors shall determine the duties and compensation of the President. (b) Employees.--The President may employ a general counsel, architects, engineers, accountants, attorneys, financial advisors or experts and any other agents or employees who are required and determine their qualifications, terms of office, duties and compensation. SEC. 6. BANK AUTHORITY AND PROHIBITIONS. (a) Authority To Issue General Obligations, Bonds, or Notes.--The Bank may issue general obligations, bonds, or notes in such principal amounts as the Board deems necessary to provide funds for any purpose authorized in this Act, including-- (1) making loans; (2) paying, funding, or refunding of the principal of, or interest or redemption premiums on, any bonds or notes issued by it whether the bonds or notes or interest to be funded or refunded have or have not become due; (3) establishing or increasing of reserves to secure or to pay bonds or notes or interest thereon, and (4) paying all other costs or expenses of the Bank, during the initial 2 years of operation, that are incident to carrying out the Bank's purposes and powers. (b) General Powers.--The Bank may exercise the general powers of a bond bank, such as the power to-- (1) sue and be sued; (2) adopt an official seal and alter the seal at pleasure; (3) adopt bylaws and make and enforce rules for the conduct of its business and for use of its services and facilities; (4) maintain an office at any place within the United States; (5) acquire, hold, use and dispose of its income, revenues, funds and moneys; (6) acquire, rent, lease, hold, use and dispose of other personal property for its purposes; (7) borrow money and issue its negotiable general obligation debt instruments payable from revenues or funds of the Bank, subject only to agreements with the holders of particular bonds or notes pledging particular revenues or funds, and to provide for and secure the payment thereof and to provide for the rights of the holders thereof, and to purchase, hold and dispose of any of its debt instruments; Except as otherwise provided herein or by the Bank, every issue of bonds or notes shall be general obligations; (8) obtain additional security for bonds or notes by a pledge of any grant or contributions from the United States, a State or territory, or any other governmental unit, or any person, firm or corporation, or a pledge of any income or revenues, funds or moneys of the Bank from any source whatsoever; (9) fix and revise from time to time and charge and collect fees and charges for the use of its services or facilities; (10) accept gifts or grants of property, funds, money, materials, labor, supplies or services from the United States of America or from any governmental unit or any person, firm or corporation, and carry out the terms or provisions or make agreements with respect to any gifts or grants, and to do any and all things necessary and appropriate in connection with procuring, acceptance or disposition of gifts or grants; (11) do anything authorized by this Act, through its officers, agents or employees or by contracts with any person, firm or corporation; (12) enter into and enforce all contracts necessary and appropriate for the purposes of the Bank or pertaining to any loan to a governmental unit or any purchase or sale of municipal bonds or revenue bonds or other investments or to the performance of its duties and execution or carrying out of any of its powers under this Act; (13) purchase or hold municipal bonds and revenue bonds at such prices and in such manner as the Bank deems advisable, and sell municipal bonds and revenue bonds acquired or held by it at such prices without relation to cost and in such manner as the Bank deems advisable; (14) invest any funds or moneys of the Bank not immediately required for loan to governmental units and for the purchase of municipal bonds or revenue bonds, in the same manner as permitted for investment of funds belonging to the territories or held in the treasury, except as otherwise provided by this Act; (15) prescribe any form of application or procedure required of a governmental unit for the loan or purchase of its municipal bonds or revenue bonds, fix the terms and conditions of that loan or purchase, and enter into agreements with governmental units with respect to any loan or purchase; (16) consider the need, desirability or eligibility of the loan to a territorial customer, the ability of the territorial customer to secure borrowed money from other sources and the costs thereof, and the particular public improvement or purpose to be financed by the municipal bonds or revenue bonds to be purchased by the Bank; (17) charge for its costs and services in review or consideration of any proposed loan to a territorial customer or purchase of municipal bonds or revenue bonds of a territorial customer, including a charge for such costs or services, whether or not the loan is made or the municipal bonds or revenue bonds are purchased; (18) establish any terms and provisions with respect to any purchase of municipal bonds or revenue bonds by the Bank, including date and maturities of the bonds, provisions as to redemption or payment prior to maturity, and any other matters which are necessary or advisable in the judgment of the Bank; (19) conduct examinations and hearings and to hear testimony and take proof, under oath or affirmation, at public or private hearings, on any matter material for its information and necessary to carry out this Act; (20) issue subpoenas requiring the attendance of witnesses and the production of books and papers pertinent to any hearing before the Bank, or before one or more of the directors of the Bank appointed by it to conduct the hearing; (21) apply to any court, having territorial jurisdiction of the offense, to have punished for contempt any witness who refuses to obey a subpoena, or who refuses to be sworn or affirmed to testify, or who is guilty of any contempt after summons to appear; (22) procure insurance against any losses in connection with its property, operations or assets in such amounts and from such insurers as it deems desirable; (23) consent, to the extent permitted under its contracts with the holders of bonds or notes of the Bank, to any modification of the rate of interest, time and payment of any installment of principal or interest, security or any other term of bond or note, contract or agreement of any kind to which the Bank is a party; and (24) issue Bank bonds or notes which are secured by neither the reserve fund nor the revenue bond reserve fund, but which may be secured by such other funds and accounts as may be authorized by the Bank from time-to-time. (c) Prohibitions.--The Bank may not-- (1) make loans of money to any person, firm or corporation other than a government or a governmental agency or subdivision, or purchase securities issued by any person, firm or corporation other than a governmental unit or for investment except as provided in this Act; (2) issue bills of credit, or accept deposits of money for time or demand deposit, or administer trust, or engage in any form or manner in, or in the conduct of, any private or commercial banking business, or act as a savings bank or savings and loan association; (3) be or constitute a bank or trust company within the jurisdiction or under the control of the comptroller of the currency of the United States of America or the department of the treasury thereof; or (4) be or constitute a bank, banker or dealer in securities within the meaning of or subject to the provisions of any securities, securities exchange, or securities dealers law, of the United States of America or of the territories or of any State. SEC. 7. BYLAWS. The Board shall adopt, consistent with this Act and with concurrence from the Secretary, an appropriate bylaws, charter or operating model that shall describe-- (1) the operational structure of the Bank, including the banks powers and limitation; (2) a description of the Bank's fund and account structure; (3) procedures for payments and defaults; and (4) minimum borrower requirements. SEC. 8. SECURITY. (a) Aid Interception.--An interception of any Federal aid intended for a United States territory that has defaulted on an obligation to the Bank may be implemented, subject to the following conditions-- (1) the Federal aid to be intercepted was explicit in the debt instrument signed by the territorial customer and the Bank; (2) the member or members of the Board appointed by the Secretary agreed to the specific designation in the debt instrument of sources of Federal aid that would be intercepted; (3) the Bank provides the Secretary with written certification of the default and a request to intercept the Federal Aid, and sends notice of the certification to the territorial customer; and (4) the Bank provides notice to the Federal departments or agencies administering those funds payable to the territorial customer that were explicit in the debt instrument. (b) Directed Payment.--Following receipt of the written certification from the Bank provided for in subsection (a), the Secretary shall notify the Secretary of the Treasury of the default and the Federal aid to be intercepted. The Secretary of the Treasury shall pay the Federal aid funds that are intercepted to the Bank on the account of the territorial customer to defray principal and interest owed according the debt instrument. SEC. 9. REPORTS. The Bank shall prepare and submit to each official who has appointed a member of the Board a report on activities of the Bank for the preceding calendar year, and an audit of its books and accounts by in independent certified public accountant, within 90 days of the end of the calendar year. The report and audit shall be made available by request to the public. SEC. 10. UNITED STATES AND TERRITORIAL GOVERNMENTS NOT OBLIGATED. (a) United States Not Obligated.--The deposit of Federal funds into the Bank established under this Act shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt-financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. (b) Obligations of Territorial Governments.--A territorial customer is liable only for its obligations to the Bank, and not for the obligations and actions of the Bank. SEC. 11. LOCAL AUTHORITY. Prior to a territory receiving financial assistance from the Bank, the Governor of the territory must sign or concur in a certification that the territory has appropriate legal authority to avail itself of the financial assistance offered by the Bank. SEC. 12. ADMINISTRATION. (a) Expenses.--All expenses incurred by the Bank in carrying out the purposes of this Act shall be payable solely from revenues or fees collected by the Bank, except as provided in section 6(a) of this Act. (b) Surety Bonds.--The following surety bonds to be paid by the Bank shall be required of the officials of the Bank-- (1) $50,000 for the Chairman of the Board; (2) $50,000 for the President of the Bank; and (3) $25,000 for a member of the Board. SEC. 13. TAX EXEMPTION. All activities, instruments, property, and income of the Bank shall be exempt from all manner of Federal, State, and local taxation. SEC. 14. ADDITIONAL PARTICIPATION. (a) Extended Eligibility.--After the initial 5 years of the Bank's existence, the Secretary, with the concurrence of each of the Governors of the American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, may invite the governor of another United States territory to appoint a member of the Board and, at such time as the new member has been appointed, extend eligibility to that territory for Bank services. (b) Voting Members.--If the number of voting members on the Board is an even number, the Secretary shall appoint another member.

United States Territories Infrastructure Bond Bank Authorization Act - Directs the Secretary to establish a United States Territories Infrastructure Bond Bank to provide low-cost financing for the governments of American Samoa, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands to construct infrastructure or to refinance debt acquired to construct infrastructure. Directs the Secretary to incorporate the Bank in a U.S. jurisdiction and organize the initial meeting of its Board of Directors, which shall consist of five members, with one appointed by the Secretary and each of the governors of American Samoa, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. Allows the Secretary, after the initial five years of the Bank's existence, to invite the governor of another U.S. territory to appoint a Board member, at which time eligibility for Bank services shall be extended to that territory. Authorizes the interception of federal aid intended for a U.S. territory that has defaulted on an obligation to the Bank. Exempts Bank activities and income from taxation.

To establish the United States Territories Infrastructure Bond Bank, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Museum of Asian Pacific American History and Culture Act''. SEC. 2. DEFINITIONS. In this Act: (1) Board of regents.--The term ``Board of Regents'' means the Board of Regents of the Smithsonian Institution. (2) Council.--The term ``Council'' means the National Museum of Asian Pacific American History and Culture Council established by section 4. (3) Museum.--The term ``Museum'' means the National Museum of Asian Pacific American History and Culture established by section 3. (4) Secretary.--The term ``Secretary'' means the Secretary of the Smithsonian Institution. SEC. 3. ESTABLISHMENT OF MUSEUM. (a) Establishment.--There is established within the Smithsonian Institution a museum to be known as the ``National Museum of Asian Pacific American History and Culture''. (b) Purpose.--The purpose of the Museum shall be to provide for-- (1) the collection, study, and establishment of programs relating to Asian Pacific American life, art, history, and culture; (2) the creation and maintenance of permanent and temporary exhibits documenting the history of Asian Pacific American life, art, history, and culture; (3) the collection and study of artifacts and documents relating to Asian Pacific American life, art, history, and culture; and (4) collaboration between the Museum and other museums, Asian American and Native American Pacific Islander-serving institutions, historical societies, educational institutions, and other organizations that promote the study or appreciation of Asian Pacific American life, art, history, or culture, including collaboration concerning-- (A) development of cooperative programs and exhibitions; (B) identification, management, and care of collections; and (C) training of museum professionals. SEC. 4. COUNCIL. (a) Establishment.--There is established within the Smithsonian Institution a council to be known as the ``National Museum of Asian Pacific American History and Culture Council''. (b) Duties.-- (1) In general.--The Council shall-- (A) make recommendations to the Board of Regents concerning the planning, design, and construction of the Museum; (B) advise and assist the Board of Regents on all matters relating to the administration, operation, maintenance, and preservation of the Museum; (C) recommend annual operating budgets for the Museum to the Board of Regents; (D) report annually to the Board of Regents on the acquisition, disposition, and display of objects relating to Asian Pacific American life, art, history, and culture; and (E) adopt bylaws for the operation of the Council. (2) Principal responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have sole authority to-- (A) purchase, accept, borrow, and otherwise acquire artifacts for addition to the collections of the Museum; (B) loan, exchange, sell, and otherwise dispose of any part of the collections of the Museum, but only if the funds generated by that disposition are used for additions to the collections of the Museum; or (C) specify criteria with respect to the use of the collections and resources of the Museum, including policies on programming, education, exhibitions, and research. (3) Other responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have authority-- (A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and (B) to solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the Museum. (c) Composition and Appointment.-- (1) In general.--The Council shall be composed of 19 voting members as provided under paragraph (2). (2) Voting members.--The Council shall include the following voting members: (A) The Secretary of the Smithsonian Institution. (B) One member of the Board of Regents, appointed by the Board of Regents. (C) Seventeen individuals appointed by the Board of Regents-- (i) taking into consideration individuals recommended by organizations and entities that are committed to the advancement of knowledge of Asian Pacific American life, art, history, and culture; and (ii) taking into consideration individuals recommended by the members of the Council. (3) Initial appointments.--The Board of Regents shall make initial appointments to the Council under paragraph (2) not later than 180 days after the date of enactment of this Act. (d) Terms.-- (1) In general.--Except as provided in this subsection, each appointed member of the Council shall be appointed for a term of 3 years. (2) Initial appointees.--As designated by the Board of Regents at the time of appointment, of the voting members first appointed under subsection (c)(2)(C)-- (A) six members shall be appointed for a term of 1 year; (B) six members shall be appointed for a term of 2 years; and (C) five members shall be appointed for a term of 3 years. (3) Reappointment.--A member of the Council may be reappointed, except that no individual may serve on the Council for a total of more than 2 terms. For purposes of this paragraph, the number of terms an individual serves on the Council shall not include any portion of a term for which an individual is appointed to fill a vacancy under paragraph (4)(B). (4) Vacancies.-- (A) In general.--A vacancy on the Council-- (i) shall not affect the powers of the Council; and (ii) shall be filled in the same manner as the original appointment was made. (B) Term.--Any member of the Council appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of that term. (e) Compensation.-- (1) In general.--Except as provided in paragraph (2), a member of the Council shall serve without pay. (2) Travel expenses.--A member of the Council 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 Council. (f) Chairperson.--By a majority vote of its voting members, the Council shall elect a chairperson from its members. (g) Meetings.-- (1) In general.--The Council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Council, but not fewer than twice each year. (2) Initial meetings.--During the 1-year period beginning on the date of the first meeting of the Council, the Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Council under this Act. (h) Quorum.--A majority of the voting members of the Council holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the Council. SEC. 5. DIRECTOR AND STAFF OF THE MUSEUM. (a) Director.-- (1) In general.--The Museum shall have a Director who shall be appointed by the Secretary, taking into consideration individuals recommended by the Council. (2) Duties.--The Director shall manage the Museum subject to the policies of the Board of Regents. (b) Staff.--The Secretary may appoint two additional employees to serve under the Director, except that such additional employees may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (c) Pay.--The employees appointed by the Secretary under subsection (b) may be paid 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. SEC. 6. EDUCATIONAL AND LIAISON PROGRAMS. (a) In General.-- (1) Programs authorized.--The Director of the Museum may carry out educational and liaison programs in support of the goals of the Museum. (2) Specific activities described.--In carrying out this section, the Director shall-- (A) carry out educational programs relating to Asian Pacific American life, art, history, and culture, including-- (i) programs using digital, electronic, and interactive technologies; and (ii) programs carried out in collaboration with elementary schools, secondary schools, and postsecondary schools; and (B) consult with the Director of the Institute of Museum and Library Services concerning the grant and scholarship programs carried out under subsection (b). (b) Grant and Scholarship Programs.--In consultation with the Council and the Director of the Museum, the Director of the Institute of Museum and Library Services shall establish-- (1) a grant program with the purpose of improving operations, care of collections, and development of professional management at Asian Pacific American museums; (2) a grant program with the purpose of providing internship and fellowship opportunities at Asian Pacific American museums; and (3) a scholarship program with the purpose of assisting individuals who are pursuing careers or carrying out studies in the arts, humanities, and sciences in the study of Asian Pacific American life, art, history, and culture. SEC. 7. BUILDING FOR THE NATIONAL MUSEUM OF ASIAN PACIFIC AMERICAN HISTORY AND CULTURE. (a) In General.-- (1) Location.-- (A) In general.--Not later than 12 months after the date of the enactment of this Act, the Board of Regents, in consultation with the Secretary of the Interior, the Commission of Fine Arts, the National Capital Planning Commission, and other Federal and local agencies, shall designate a site for the Museum. (B) Transfer to smithsonian institution.--If the site designated for the Museum is in an area that is under the administrative jurisdiction of a Federal agency, as soon as practicable after the date on which the designation is made, the head of the Federal agency shall transfer to the Smithsonian Institution administrative jurisdiction over the area. (C) Consultation.--The Board of Regents shall carry out its duties under this paragraph in consultation with the following: (i) The Chair of the National Capital Planning Commission. (ii) The Chair of the Commission on Fine Arts. (iii) The Chair of the Presidential Commission referred to in section 8. (iv) The Chair and Ranking Member of each of the following committees: (I) The Committee on Rules and Administration of the Senate. (II) The Committee on House Administration of the House of Representatives. (III) The Committee on Transportation and Infrastructure of the House of Representatives. (IV) The Committee on Appropriations of the Senate. (V) The Committee on Appropriations of the House of Representatives. (2) Construction of building.--The Board of Regents, in consultation with the Council, may plan, design, and construct a building for the Museum, which shall be located at the site designated by the Board of Regents under this paragraph. (3) Nonapplicability of provisions relating to monuments and commemorative works.--Chapter 89 of title 40, United States Code, shall not apply with respect to the Museum. (b) Cost Sharing.--The Board of Regents shall pay-- (1) 50 percent of the costs of carrying out this section from Federal funds; and (2) 50 percent of the costs of carrying out this section from non-Federal sources. SEC. 8. CONSIDERATION OF RECOMMENDATIONS OF PRESIDENTIAL COMMISSION. In carrying out their duties under this Act, the Council and the Board of Regents shall take into consideration the reports and plans submitted by the National Museum of Asian Pacific American History and Culture Plan for Action Presidential Commission.

National Museum of Asian Pacific American History and Culture Act This bill establishes a National Museum of Asian Pacific American History and Culture within the Smithsonian Institution to provide for the collection, study, and establishment of programs related to Asian Pacific American life, art, history, and culture. The bill also establishes a National Museum of Asian Pacific American History and Culture Council to: (1) make recommendations to the Board of Regents of the Smithsonian Institution concerning construction of the Museum, and (2) advise and assist the Board on all matters related to the Museum's administration and preservation. The Institute of Museum and Library Services shall establish: (1) a grant program for improving operations, care of collections, and development of professional management at Asian Pacific American museums; (2) a grant program that provides internship and fellowship opportunities at such museums; and (3) a scholarship program for assisting individuals who are pursuing careers or carrying out studies in the arts, humanities, and sciences in the study of Asian Pacific American life, art, history, and culture. The Board shall designate a site for the Museum within 12 months of this bill's enactment.

National Museum of Asian Pacific American History and Culture Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Youth Violence Commission Act''. SEC. 2. NATIONAL YOUTH VIOLENCE COMMISSION. (a) Establishment of Commission.--There is established a commission to be known as the National Youth Violence Commission (hereinafter referred to in this Act as the ``Commission''). The Commission shall-- (1) be composed of 16 members appointed in accordance with subsection (b); and (2) conduct its business in accordance with the provisions of this Act. (b) Membership.-- (1) Persons eligible.--Except for those members who hold the offices described under paragraph (2)(A), and those members appointed under paragraph (2) (C)(ii) and (D)(iv), the members of the Commission shall be individuals who have expertise, by both experience and training, in matters to be studied by the Commission under section 3. The members of the Commission shall be well-known and respected among their peers in their respective fields of expertise. (2) Appointments.--The members of the Commission shall be appointed for the life of the Commission as follows: (A) Four shall be appointed by the President of the United States, including-- (i) the Surgeon General of the United States; (ii) the Attorney General of the United States; (iii) the Secretary of the Department of Health and Human Services; and (iv) the Secretary of the Department of Education. (B) Four shall be appointed by the Speaker of the House of Representatives, including-- (i) 1 member who meets the criteria for eligibility in paragraph (1) in the field of law enforcement; (ii) 1 member who meets the criteria for eligibility in paragraph (1) in the field of school administration, teaching, or counseling; (iii) 1 member who meets the criteria for eligibility in paragraph (1) in the field of parenting and family studies; and (iv) 1 member who meets the criteria for eligibility in paragraph (1) in the field of child or adolescent psychology. (C) Two shall be appointed by the Minority Leader of the House of Representatives, including-- (i) 1 member who meets the criteria for eligibility in paragraph (1) in the field of law enforcement; and (ii) 1 member who is a recognized religious leader. (D) Four shall be appointed by the Majority Leader of the Senate, including-- (i) 1 member who meets the criteria for eligibility in paragraph (1) in the field of law enforcement; (ii) 1 member who meets the criteria for eligibility in paragraph (1) in the field of school administration, teaching, or counseling; (iii) 1 member who meets the criteria for eligibility in paragraph (1) in the social sciences; and (iv) 1 member who is a recognized religious leader. (E) Two shall be appointed by the Minority Leader of the Senate, including-- (i) 1 member who meets the criteria for eligibility in paragraph (1) in the field of school administration, teaching, or counseling; and (ii) 1 member who meets the criteria for eligibility in paragraph (1) in the field of parenting and family studies. (3) Completion of appointments; vacancies.--Not later than 30 days after the date of enactment of this Act, the appointing authorities under paragraph (2) shall each make their respective appointments. Any vacancy that occurs during the life of the Commission shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs. (4) Operation of the commission.-- (A) Chairmanship.--The appointing authorities under paragraph (2) shall jointly designate 1 member as the Chairman of the Commission. In the event of a disagreement among the appointing authorities, the Chairman shall be determined by a majority vote of the appointing authorities. The determination of which member shall be Chairman shall be made not later than 15 days after the appointment of the last member of the Commission, but in no case later than 45 days after the date of enactment of this Act. (B) Meetings.--The Commission shall meet at the call of the Chairman. The initial meeting of the Commission shall be conducted not later than 30 days after the later of-- (i) the date of the appointment of the last member of the Commission; or (ii) the date on which appropriated funds are available for the Commission. (C) Quorum; voting; rules.--A majority of the members of the Commission shall constitute a quorum to conduct business, but the Commission may establish a lesser quorum for conducting hearings scheduled by the Commission. Each member of the Commission shall have 1 vote, and the vote of each member shall be accorded the same weight. The Commission may establish by majority vote any other rules for the conduct of the Commission's business, if such rules are not inconsistent with this Act or other applicable law. SEC. 3. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--It shall be the duty of the Commission to conduct a comprehensive factual study of incidents of youth violence to determine the root causes of such violence. (2) Matters to be studied.--In determining the root causes of incidents of youth violence, the Commission shall study any matter that the Commission determines relevant to meeting the requirements of paragraph (1), including at a minimum-- (A) the level of involvement and awareness of teachers and school administrators in the lives of their students and any impact of such involvement and awareness on incidents of youth violence; (B) trends in family relationships, the level of involvement and awareness of parents in the lives of their children, and any impact of such relationships, involvement, and awareness on incidents of youth violence; (C) the alienation of youth from their schools, families, and peer groups, and any impact of such alienation on incidents of youth violence; (D) the availability of firearms to youth, including the means by which they acquire such firearms, and any impact of such availability on incidents of youth violence; (E) the effect upon youth of depictions of violence in the media and any impact of such depictions on incidents of youth violence; and (F) the availability to youth of information regarding the construction of weapons, including explosive devices, and any impact of such information on incidents of youth violence. (3) Testimony of parents and students.--In determining the root causes of incidents of youth violence, the Commission shall, pursuant to section 4(a), take the testimony of parents and students to learn and memorialize their views and experiences regarding incidents of youth violence. (b) Recommendations.--Based on the findings of the study required under subsection (a), the Commission shall make recommendations to the President and Congress to address the causes of youth violence and reduce incidents of youth violence. If the Surgeon General issues any report on media and violence, the Commission shall consider the findings and conclusions of such report in making recommendations under this subsection. (c) Report.-- (1) In general.--Not later than 1 year after the date on which the Commission first meets, the Commission shall submit to the President and Congress a comprehensive report of the Commission's findings and conclusions, together with the recommendations of the Commission. (2) Summaries.--The report under this subsection shall include a summary of-- (A) the reports submitted to the Commission by any entity under contract for research under section 4(e); and (B) any other material relied on by the Commission in the preparation of the Commission's report. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.-- (1) In general.--The Commission may hold such hearings, sit and act at such times and places, administer such oaths, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under section 3. (2) Witness expenses.--Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. (b) Subpoenas.-- (1) In general.--If a person fails to supply information requested by the Commission, the Commission may by majority vote request the Attorney General of the United States to require by subpoena the production of any written or recorded information, document, report, answer, record, account, paper, computer file, or other data or documentary evidence necessary to carry out the Commission's duties under section 3. The Commission shall transmit to the Attorney General a confidential, written request for the issuance of any such subpoena. The Attorney General shall issue the requested subpoena if the request is reasonable and consistent with the Commission's duties under section 3. A subpoena under this paragraph may require the production of materials from any place within the United States. (2) Interrogatories.--The Commission may, with respect only to information necessary to understand any materials obtained through a subpoena under paragraph (1), request the Attorney General to issue a subpoena requiring the person producing such materials to answer, either through a sworn deposition or through written answers provided under oath (at the election of the person upon whom the subpoena is served), to interrogatories from the Commission regarding such information. The Attorney General shall issue the requested subpoena if the request is reasonable and consistent with the Commission's duties under section 3. A complete recording or transcription shall be made of any deposition made under this paragraph. (3) Certification.--Each person who submits materials or information to the Attorney General pursuant to a subpoena issued under paragraph (1) or (2) shall certify to the Attorney General the authenticity and completeness of all materials or information submitted. The provisions of section 1001 of title 18, United States Code, shall apply to any false statements made with respect to the certification required under this paragraph. (4) Treatment of subpoenas.--Any subpoena issued by the Attorney General under paragraph (1) or (2) shall comply with the requirements for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure. (5) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued by the Attorney General under paragraph (1) or (2), the Attorney General may apply to a United States district court for an order requiring that person to comply with such subpoena. The application may be made within the judicial district in which that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (c) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under section 3. Upon the request of the Commission, the head of such department or agency may furnish such information to the Commission. (d) Information To Be Kept Confidential.-- (1) In general.--The Commission shall be considered an agency of the Federal Government for purposes of section 1905 of title 18, United States Code, and any individual employed by any individual or entity under contract with the Commission under subsection (e) shall be considered an employee of the Commission for the purposes of section 1905 of title 18, United States Code. (2) Disclosure.--Information obtained by the Commission or the Attorney General under this Act and shared with the Commission, other than information available to the public, shall not be disclosed to any person in any manner, except-- (A) to Commission employees or employees of any individual or entity under contract to the Commission under subsection (e) for the purpose of receiving, reviewing, or processing such information; (B) upon court order; or (C) when publicly released by the Commission in an aggregate or summary form that does not directly or indirectly disclose-- (i) the identity of any person or business entity; or (ii) any information which could not be released under section 1905 of title 18, United States Code. (e) Contracting for Research.--The Commission may enter into contracts with any entity for research necessary to carry out the Commission's duties under section 3. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission. (c) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, 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 and termination of an executive director shall be subject to confirmation by a majority of the members of the Commission. (2) Compensation.--The executive director shall be compensated at a rate not to exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. The Chairman may fix the compensation of 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, except that the rate of pay for such personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Detail of government employees.--Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privilege. (d) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission and any agency of the Federal Government assisting the Commission in carrying out its duties under this Act such sums as may be necessary to carry out the purposes of this Act. Any sums appropriated shall remain available, without fiscal year limitation, until expended. SEC. 7. TERMINATION OF THE COMMISSION. The Commission shall terminate 30 days after the Commission submits the report under section 3(c).

National Youth Violence Commission Act - Establishes a National Youth Violence Commission to: (1) conduct a comprehensive study of incidents of youth violence to determine the root causes of such violence; and (2) report to the President and Congress recommendations to address the causes of, and reduce incidences of, youth violence. Authorizes appropriations.

National Youth Violence Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sales Tax Holiday Act of 2001''. SEC. 2. STATE AND LOCAL SALES TAX RELIEF FOR CONSUMERS. (a) In General.--The Secretary shall reimburse each State for the amount of State and local sales tax payable and not collected during the sales tax holiday period. (b) Determination and Timing of Reimbursement.-- (1) Predetermined amount.--Not later than January 4, 2002, the Secretary shall pay to each State an amount equal to the sum of-- (A)(i) the amount of State and local sales tax payable and collected in such State during the same period in 2000 as the sales tax holiday period, times (ii) an acceleration factor equal to 1.73, plus (B) an amount equal to 1 percent of the amount determined under subparagraph (A) for State administrative costs. (2) Reconciliation amount.--Not later than March 6, 2002, the Secretary shall pay to each electing State under subsection (c)(2) an amount equal to the excess (if any) of-- (A) the amount of State and local sales tax payable and not collected in such State during the sales tax holiday period, over (B) the amount determined under paragraph (1)(A) and paid to such State. (c) Requirement for Reimbursement.--The Secretary may not pay a reimbursement under this section unless-- (1) the chief executive officer of the State informs the Secretary, not later than November 28, 2001, of the intention of the State to qualify for such reimbursement by not collecting sales tax payable during the sales tax holiday period, (2) in the case of a State which elects to receive the reimbursement of a reconciliation amount under subsection (b)(2)-- (A) the chief executive officer of the State informs the Secretary and the Director of Management and Budget and the retail sellers of tangible property in such State, not later than November 28, 2001, of the intention of the State to make such an election, (B) the chief executive officer of the State informs the retail sellers of tangible property in such State, not later than November 28, 2001, of the intention of the State to make such an election and the additional information (if any) that will be required as an addendum to the standard reports required of such retail sellers with respect to the reporting periods including the sales tax holiday period, (C) the chief executive officer reports to the Secretary and the Director of Management and Budget, not later than February 15, 2002, the amount determined under subsection (b)(2) in a manner specified by the Secretary, (D) if amount determined under subsection (b)(1)(A) and paid to such State exceeds the amount determined under subsection (b)(2)(A), the chief executive officer agrees to remit to the Secretary such excess not later than March 6, 2002, and (E) the chief executive officer of the State certifies that such State-- (i) in the case of any retail seller unable to identify and report sales which would otherwise be taxable during the sales tax holiday period, shall treat the reporting by such seller of sales revenue during such period, multiplied by the ratio of taxable sales to total sales for the same period in 2000 as the sales tax holiday period, as a good faith effort to comply with the requirements under subparagraph (B), and (ii) shall not treat any such retail seller of tangible property who has made such a good faith effort liable for any error made as a result of such effort to comply unless it is shown that the retailer acted recklessly or fraudulently, (3) in the case of any home rule State, the chief executive officer of such State certifies that all local governments that impose sales taxes in such State agree to provide a sales tax holiday during the sales tax holiday period, (4) the chief executive officer of the State agrees to pay each local government's share of the reimbursement (as determined under subsection (d)) not later than 20 days after receipt of such reimbursement, and (5) in the case of not more than 20 percent of the States which elect to receive the reimbursement of a reconciliation amount under subsection (b)(2), the Director of Management and Budget certifies the amount of the reimbursement required under subsection (b)(2) based on the reports by the chief executive officers of such States under paragraph (2)(C). (d) Determination of Reimbursement of Local Sales Taxes.--For purposes of subsection (c)(4), a local government's share of the reimbursement to a State under this section shall be based on the ratio of the local sales tax to the State sales tax for such State for the same time period taken into account in determining such reimbursement, based on data published by the Bureau of the Census. (e) Definitions.--For purposes of this section-- (1) Home rule state.--The term ``home rule State'' means a State that does not control imposition and administration of local taxes. (2) Local.--The term ``local'' means a city, county, or other subordinate revenue or taxing authority within a State. (3) Sales tax.--The term ``sales tax'' means-- (A) a tax imposed on or measured by general retail sales of taxable tangible property, or services performed incidental to the sale of taxable tangible property, that is-- (i) calculated as a percentage of the price, gross receipts, or gross proceeds, and (ii) can or is required to be directly collected by retail sellers from purchasers of such property, (B) a use tax, or (C) the Illinois Retailers' Occupation Tax, as defined under the law of the State of Illinois, but excludes any tax payable with respect to food and beverages sold for immediate consumption on the premises, beverages containing alcohol, and tobacco products. (4) Sales tax holiday period.--The term ``sales tax holiday period'' means the period beginning after December 7, 2001, and ending before December 16, 2001. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (6) State.--The term ``State'' means any of the several States, the District of Columbia, or the Commonwealth of Puerto Rico. (7) Use tax.--The term ``use tax'' means a tax imposed on the storage, use, or other consumption of tangible property that is not subject to sales tax.

Sales Tax Holiday Act of 2001 - Directs the Secretary of the Treasury to reimburse each State for the amount of State and local sales tax payable and not collected during the sales tax holiday period, as specified.

To provide Federal reimbursement to State and local governments for a limited sales, use, and retailers' occupation tax holiday.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Transforming America's Regions Act of 2016''. SEC. 2. MODIFICATION TO THE HUBZONE PROGRAM. (a) In General.--Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (E), by striking ``or'' at the end; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following: ``(F) another qualified area designated by the Administrator under section 31(d); or''; and (2) in paragraph (4)(C), by striking ``until the later of'' and all that follows and inserting ``for the 7-year period following the date on which the census tract or nonmetropolitan county ceased to be so qualified.''. (b) Applicability.--The amendment made by subsection (a)(2) shall apply to any census tract or nonmetropolitan county that becomes a redesignated area under section 3(p)(4)(C) of the Small Business Act (15 U.S.C. 632(p)(4)(C)) on or after the date that is 3 years before the date of enactment of this Act. (c) Other Qualified Areas.--Section 31 of the Small Business Act (15 U.S.C. 657a) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Other Qualified Areas.-- ``(1) Definitions.--In this subsection-- ``(A) the term `governor' means the chief executive of a State; and ``(B) the term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. ``(2) Designation.--A governor may petition the Administrator to designate 1 or more census tracts in the State of the governor as a HUBZone if each tract nonmetropolitan counties in the State as a HUBZone if each nonmetropolitan county-- ``(A) has a median household income that is less than 70 percent 90 percent of the median household income of the State in which the tract nonmetropolitan county is located based on the most recent data available from the Bureau of the Census; ``(B) has an unemployment rate that is not less than 120 percent of the average unemployment rate of the United States or of the State in which the tract nonmetropolitan county is located, whichever is less, based on the most recent data available from the Department of Labor; or ``(C) meets other criteria determined by the Administrator. ``(3) Petition.--With respect to a petition submitted by a governor to the Administrator under paragraph (2)-- ``(A) the governor may submit not more than 1 petition in a fiscal year unless the Administrator determines that an additional petition from the State of the governor is appropriate; ``(B) the governor may not submit a petition for more than 30 percent of the total number of census tracts nonmetropolitan counties in the State of the governor; and ``(C) if the Administrator grants the petition and designates 1 or more census tracts nonmetropolitan counties as a HUBZone, the governor shall, not less frequently than annually, submit data to the Administrator certifying that each census tract nonmetropolitan county continues to meet the criteria establishing the eligibility of the tract nonmetropolitan county under the HUBZone program. ``(4) Process.--The Administrator shall establish procedures to-- ``(A) ensure that the Administration accepts petitions under paragraph (2) from all States each fiscal year; and ``(B) provide technical assistance, before the filing of a petition under paragraph (2), to a governor who is interested in filing such a petition.''. SEC. 3. FILING OF PETITIONS FOR RECONSIDERATION OF SIZE STANDARDS. (a) Definition.--In this section, the term ``covered period'' means the period beginning on November 25, 2015 and ending on the effective date of the regulations establishing procedures to implement section 3(a)(9) of the Small Business Act (15 U.S.C. 632(a)(9)). (b) Petitions for Reconsideration.-- (1) Acceptance of applications.--Section 3(a)(9)(A) of the Small Business Act (15 U.S.C. 632(a)(9)(A)) is amended by striking ``A person'' and inserting ``On or after the effective date of the regulations establishing procedures to implement this paragraph, a person''. (2) Covered period.--Notwithstanding section 3(a)(9)(B) of the Small Business Act (15 U.S.C. 632(a)(9)(B)), a person filing a petition described in section 3(a)(9)(A) of that Act relating to a size standard that is revised, modified, or established during the covered period shall file the petition not later than 30 days after the effective date of the regulations establishing procedures to implement section 3(a)(9) of that Act. SEC. 4. PAST PERFORMANCE CREDIT FOR SUBCONTRACTORS. Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended by adding at the end the following: ``(17) Past performance credit for certain small business subcontractors.-- ``(A) In general.--A prime contractor for a covered contract, as that term is defined in paragraph (13)(A), shall provide a past performance rating for the Contractor Performance Assessment Rating System, the Past Performance Information Retrieval System, or any successor system for any subcontractor used by the prime contractor in performing the covered contract as part of the performance reporting by the prime contractor for the covered contract. ``(B) Time for completion.--A prime contractor shall submit the past performance rating of a subcontractor not later than 14 days after the date of the completion of performance of the subcontract by the subcontractor. ``(C) Failure to enter information.--The failure of a prime contractor to enter the past performance rating of a subcontractor shall be considered when evaluating the past performance of the prime contractor. ``(D) Use of information.--A Federal agency shall use a past performance rating provided under subparagraph (A) for a subcontractor that is a small business concern in evaluating the past performance of the subcontractor for purposes of determining whether to award a prime contract to the subcontractor.''. SEC. 5. MEMBERSHIP OF THE ADMINISTRATOR OF THE SMALL BUSINESS ADMINISTRATION ON THE FEDERAL ACQUISITION REGULATORY COUNCIL. (a) Addition of Administrator of Small Business Administration to Federal Acquisition Regulatory Council.--Section 1302(b)(1) of title 41, United States Code, is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking the period and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(E) the Administrator of the Small Business Administration.''. (b) Conforming Amendments.--Such title is further amended-- (1) in section 1303(a)(1)-- (A) by striking ``and the Administrator of National Aeronautics and Space,'' and inserting ``the Administrator of National Aeronautics and Space, and the Administrator of the Small Business Administration,''; and (B) by striking ``and the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.),'' and inserting ``the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), and the Small Business Act (15 U.S.C. 631 et seq.),''; and (2) in section 1121(d), by striking ``and the General Services Administration'' and inserting ``the General Services Administration, and the Small Business Administration''.

Small Business Transforming America's Regions Act of 2016 (Sec. 2) This bill amends the Small Business Act to include in the Historically Underutilized Business Zone (HUBZone) program a qualified area designated by the Small Business Administration (SBA) in response to a petition by the governor of a state, the District of Columbia, or a U.S. territory. With respect to HUBZones located in census tracts or nonmetropolitan counties that cease to qualify according to the ordinary criteria for the HUBZone program but are "redesignated" to qualify for it, the bill increases the length of time a census tract or nonmetropolitan county may be so redesignated from three years to seven years after the date on which the area ceased to qualify for the HUBZone program according to the ordinary criteria. This increased length of time for a census tract or nonmetropolitan county shall apply only to those that become redesignated areas within three years before enactment of this bill. The SBA may designate, in response to a governor's petition, only a nonmetropolitan county that: has a median household income less than 90% of the state median household income; has an unemployment rate at least 120% percent of the average U.S. or state unemployment rate, whichever is less; or meets other SBA criteria. A governor may not file a petition for more than 30% of the total number of nonmetropolitan counties in the state. The SBA shall establish procedures to: ensure that it accepts petitions from all states each fiscal year, and give an interested governor technical assistance before a petition is filed. (Sec. 3) The bill revises application of the 30-day period for filing a petition with the SBA Office of Hearings and Appeals for reconsideration of a small business concern size standard. No such petition may be filed until on or after the effective date of regulations for establishing the procedures for reconsideration of a size standard. Any person filing a petition relating to a size standard revised, modified, or established between November 25, 2015, and the effective date of such regulations must file the petition within 30 days after that effective date. (Sec. 4) A prime federal contractor shall, within 14 days after completion of a subcontract, give a past performance rating for the Contractor Performance Assessment Rating System, the Past Performance Information Retrieval System, or any successor system for any subcontractor (whether or not a small business concern) used in performing the federal contract as part of the prime contractor's performance reporting. Failure of the prime contractor to enter the subcontractor's past performance rating shall be considered in evaluating the primer contractor's past performance. A federal agency shall use a small business subcontractor's past performance rating in determining whether to award the subcontractor a prime contract. (Sec. 5) The bill adds the SBA Administrator to the Federal Acquisition Regulatory Council.

Small Business Transforming America's Regions Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tech Bond Initiative of 2001''. SEC. FINDINGS. Congress finds the following: (1) Access to high-speed Internet is as important to 21st Century businesses as access to the railroads meant to businesses of the last century. (2) In States across the Nation, up to one-third of the population lacks access to high-speed Internet. (3) Companies without access to high-speed Internet are at a competitive disadvantage. (4) Tech bonds would give State and local governments incentives to expand broadband deployment in their communities. SEC. 2. CREDIT TO HOLDERS OF QUALIFIED TECHNOLOGY 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 Technology Bonds ``Sec. 54. Credit to holders of qualified technology bonds. ``SEC. 54. CREDIT TO HOLDERS OF QUALIFIED TECHNOLOGY BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a qualified technology 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 the amount determined under subsection (b). ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any qualified technology bond is the amount equal to the product of-- ``(A) the credit rate determined by the Secretary under paragraph (2) for the month in which such bond was issued, multiplied by ``(B) the face amount of the bond held by the taxpayer on the credit allowance date. ``(2) Determination.--During each calendar month, the Secretary shall determine a credit rate which shall apply to bonds issued during the following calendar month. The credit rate for any month is the percentage which the Secretary estimates will permit the issuance of qualified technology bonds without discount and without interest cost to the issuer. ``(c) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under this part (other than this subpart and subpart C). ``(d) Qualified Technology Bond.--For purposes of this part-- ``(1) In general.--The term `qualified technology bond' means any bond issued as part of an issue if-- ``(A) 95 percent or more of the proceeds of such issue are to be used for any qualified project, ``(B) the bond is issued by a State or local government within the jurisdiction of which such project is located, ``(C) the issuer designates such bond for purposes of this section, ``(D) certifies that it has obtained the written approval of the Secretary of Commerce for such project, and ``(E) the term of each bond which is part of such issue does not exceed 15 years. ``(2) Qualified project.-- ``(A) In general.--The term `qualified project' means a project-- ``(i) to expand broadband telecommunications services in an area within the jurisdiction of a State or local government, ``(ii) which is nominated by such State or local government for designation as a qualified project, and ``(iii) which the Secretary of Commerce, after consultation with the Secretary of Housing and Urban Development designates as a qualified project. ``(B) Designation preferences.--With respect to designations under this section, preferences shall be given to-- ``(i) nominations of projects involving underserved or rural areas lacking access to high-speed Internet connections, and ``(ii) nominations reflecting partnerships and comprehensive planning between State and local governments and the private sector. ``(e) Limitation on Amount of Bonds Designated.-- ``(1) National limitation.--There is a national technology bond limitation for each calendar year. Such limitation is $100,000,000 for 2002, 2003, 2004, 2005, and 2006, and, except as provided in paragraph (4), zero thereafter. ``(2) Allocation of limitation.--The national technology bond limitation for a calendar year shall be allocated by the Secretary among the qualified projects designated for such year. ``(3) Designation subject to limitation amount.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (d)(1) with respect to any qualified project shall not exceed the limitation amount allocated to such project under paragraph (2) for such calendar year. ``(4) Carryover of unused limitation.--If for any calendar year-- ``(A) the national technology limitation amount, exceeds ``(B) the amount of bonds issued during such year which are designated under subsection (d)(1) with respect to qualified projects, the national technology limitation amount for the following calendar year shall be increased by the amount of such excess. ``(f) Other Definitions.--For purposes of this subpart-- ``(1) Bond.--The term `bond' includes any obligation. ``(2) Credit allowance date.--The term `credit allowance date' means, with respect to any issue, the last day of the 1- year period beginning on the date of issuance of such issue and the last day of each successive 1-year period thereafter. ``(3) State.--The term `State' means the several States and the District of Columbia. ``(g) 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. ``(h) Other Special Rules.-- ``(1) Partnership; s corporation; and other pass-thru entities.--Under regulations prescribed by the Secretary, 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). ``(2) Bonds held by regulated investment companies.--If any qualified technology 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. ``(3) Treatment for estimated tax purposes.--Solely for purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a qualified technology 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. ``(4) Reporting.--Issuers of qualified technology bonds shall submit reports similar to the reports required under section 149(e).''. (b) 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 technology bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 54(g) and such amounts shall be treated as paid on the credit allowance date (as defined in section 54(f)(2)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). ``(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.''. (c) Clerical Amendments.-- (1) 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 Technology Bonds.''. (2) Section 6401(b)(1) of such Code is amended by striking ``and G'' and inserting ``G, and H''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2001.

Tech Bond Initiative of 2001 - Amends the Internal Revenue Code to create a limited credit for the holder of a "qualified technology bond" (as defined).

To amend the Internal Revenue Code of 1986 to provide an income tax credit to holders of bonds financing new communications technologies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seabed Protection Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) More than \2/3\ of Earth's surface is covered by oceans. (2) The oceans and marine waters contain a greater variety of forms of life than exists on land, and scientists are continually discovering new forms of life in previously unexplored, unique habitats. (3) The earth's human population is dependent upon the products of the oceans for income, nutrition, medicines, raw materials, and valuable natural services such as climate regulation, flood control, and storm surge protection. (4) The practice and technology of bottom trawling and use of other mobile fishing gear on the seabed has increased to the point that an area of seabed twice the size of the contiguous United States is affected by these practices each year. (5) These practices result in a loss of biological diversity, which is detrimental not only to the ocean environment itself but also to the industries and people that depend on that environment. (6) Little is known about the recoverability of the seabed from the effects of bottom trawling and use of other mobile fishing gear on the seabed. However, due to the slow rates of growth and reproduction of some marine species, it is believed that full recovery in some areas may take decades or centuries. SEC. 3. MORATORIUM. (a) In General.--Notwithstanding any provision of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), no person may engage in bottom trawling or use of other mobile fishing gear on the seabed in any marine area described in subsection (b), until-- (1) the National Marine Fisheries Service has completed a study and determined the effects of those practices in those areas; (2) the Secretary of Commerce has determined, based on findings of such a study and other pertinent scientific information, that the impacts of bottom trawling and such other mobile fishing gear on biodiversity, marine habitat, and productivity of fish stocks is negligible; and (3) the Secretary of Commerce has approved and implemented fishery management plans for those areas, that-- (A) are developed by the appropriate regional fishery management councils in accordance with that Act; (B) encourage the use of fishing gears that are less destructive of habitat than bottom trawling and other mobile fishing gear on the seabed; and (C) prohibit use of bottom trawling and other mobile fishing gear practices that threaten the continued sustainability of ecosystems in those areas. (b) Marine Areas Described.-- (1) In general.--The marine areas referred to in subsection (a) are the following: (A) The Heceta Banks, located off the coast of Oregon, 125 00' w-124 45' w / 43 55' n-44 15' n. (B) Cordell Bank, located off the coast of central California, 123 20' w-123 38' w/ 37 55' n-30 05' n. (C) The Gulf of the Farallones outside of the line that is three miles from the coastline, located off the coast of California, 122 35' w-123 15''w/ 37 30' n-38 05' n. (D) Tanner and Cortez Banks, located off the coast of southern California, 119 00' w-119 25' w/ 32 50 n-32 20' n. (E) Punta Gorda, located off the coast of northern California, 124 23' w-124 50' w/ 4-20' n-40 10' n. (F) Cape Blanco, located off the coast of Oregon, 124 42' w-124 55' w/ 42 40' n-43 00n. (G) Florida Middle Grounds located in the Gulf of Mexico off the coast of Florida, 84 40'w-85 15' w/ 28 10'n-28 55n. (H) Dry Tortugas, located in the Gulf of Mexico off the coast of Florida, 82 40'2w-83 10'w/ 24 30'n 24 50'n. (I) Nantucket Shoals, located off the coast of Cape Cod, Massachusetts, 69 00'w-70 20'w/ 40 30'n-41 00'n. (J) Jeffrey's Ledge, Tillies Bank, and Stellwagon Bank, located in the Gulf of Maine, 69 50'w-70 30'w/42 08'n-43 15'n. (K) Cashes Ledge, located in the Gulf of Maine, 68 40'w-69 15'w/42 30'n-43 15'n. (L) Stonewall Bank of the central Oregon coast, 124 20'w-124 28'w/44 27'n-44 39'n. (M) Rogue River Reef off the southern Oregon coast, 124 35'w-124 50'w/42 25'n-42 35'n. (2) Further description by secretary.--For purposes of this Act, the Secretary of Commerce may more particularly describe the areas listed in paragraph (1). (c) Report.--The Secretary of Commerce shall report annually to the Committee on Resources of the House of Representatives and the Committee on Commerce of the Senate regarding the recovery of areas described in subsection (b) from the effects of bottom trawling and use of other mobile fishing gear on the seabed. (d) Limitation on Application.--Subsection (a) shall not apply to an area after the date the Secretary publishes a finding that there are in effect, under State law or a fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), measures that are at least as effective as subsection (a) in maintaining the sustainability of ecosystems in that area. (e) Definitions.--In this section: (1) Negligible.--The term ``negligible'' means-- (A) insufficient to diminish the productivity of fish stocks; and (B) insufficient to significantly reduce other marine life. (2) Sustainability of ecosystems.--The term ``sustainability of ecosystems'' means the capability of ecosystems to-- (A) maintain productivity of fish stocks at maximum sustainable yield specified for those fish stocks in fishery management plans in effect under the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); and (B) maintain types and abundances of other marine species normally found within similar areas that are not subject to bottom trawling and other mobile fishing gear practices.

Directs the Secretary to report annually to specified congressional committees regarding the recovery of such marine areas from the effects of bottom trawling and use of other mobile fishing gear on the seabed. Provides that such prohibition shall not apply to an area after the Secretary publishes a finding that there are in effect, under State law or a fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act measures that are at least as effective as those required under this Act in maintaining the sustainability of ecosystems in that area.

Seabed Protection Act

SECTION 1. CREDIT FOR COVERAGE UNDER PRIOR GROUP HEALTH PLAN AGAINST ANY PREEXISTING CONDITION LIMITATION. (a) In General.--Section 4980B of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (i) and by inserting after subsection (f) the following new subsections: ``(g) Preexisting Condition Limitation Requirements of Group Health Plans.-- ``(1) In general.--A group health plan meets the requirements of this subsection only if the preexisting condition limitation period (if any) under the plan with respect to any individual who commences coverage under the plan after December 31, 1995, is reduced by the length of the aggregate period of qualified prior coverage (if any) applicable to such individual as of the date of such commencement. ``(2) Preexisting condition limitation period.--For purposes of paragraph (1), the term `preexisting condition limitation period' means, with respect to coverage of an individual under a group health plan, the period during which benefits with respect to treatment of a condition of such individual are not provided based on the fact that the condition was preexisting. ``(3) Aggregate period of qualified prior coverage.-- ``(A) In general.--For purposes of paragraph (1), the term `aggregate period of qualified prior coverage' means, with respect to commencement of coverage of an individual under a group health plan, the aggregate of the qualified coverage periods of such individual occurring before the date of such commencement. Such period shall be treated as zero if there is more than a 60-day break in coverage under a group health plan between the date the most recent qualified coverage period ends and the date of such commencement. ``(B) Qualified coverage period.-- ``(i) In general.--For purposes of this paragraph, the term `qualified coverage period' means, with respect to an individual, any period of coverage of the individual under a group health plan. ``(ii) Disregarding periods before breaks in coverage.--Such term does not include any period occurring before any 60-day break in coverage under a group health plan. ``(C) Waiting period not treated as a break in coverage.--For purposes of subparagraphs (A) and (B), any period that is in a waiting period for any coverage under a group health plan shall not be considered to be a break in coverage under a group health plan. ``(D) Inclusion of continuation coverage.--For purposes of this paragraph, continuation coverage, as defined in subsection (f)(2), is treated as coverage under the group health plan to which such continuation coverage relates. ``(E) Establishment of period.--A qualified coverage period with respect to an individual shall be established through presentation of certifications described in paragraph (4) or in such other manner as may be specified in regulation. ``(F) Treatment of coverage before january 1, 1996.--In no event shall a qualified coverage period with respect to an individual include any coverage before January 1, 1996, unless such coverage is under the group health plan under which the individual was covered as of December 31, 1995. ``(4) Certification of period of prior coverage.--The plan administrator of a group health plan shall, on request made on behalf of an individual covered (or previously covered) under the plan, provide for a certification of the period of coverage of the individual under the plan and of the waiting period (if any) imposed with respect to the individual for any coverage under the plan. ``(5) Application to small employer plans.--For purposes of applying this subsection and so much of this section as relates to this subsection, subsection (d)(1) shall not apply. ``(h) Nondiscrimination in Eligibility Based on Health Status for Certain Previously Covered Individuals.-- ``(1) In general.--A group health plan meets the requirements of this subsection only if the plan does not establish eligibility, continuation, enrollment, or contribution requirements for a qualified individual based on factors directly related to the health status, medical condition, claims experience, receipt of health care, medical history, disability, or evidence of insurability of the individual. ``(2) Qualified individual defined.--For purposes of this subsection, the term `qualified individual' means an individual who (at the time of determining eligibility, continuation, enrollment, or contributions with respect to a group health plan) has an aggregate period of qualified prior coverage (as defined in subsection (g)(3)(A)) of greater than zero. ``(3) Construction.--Nothing in this subsection shall be construed as preventing a group health plan from establishing preexisting condition limitations and restrictions consistent with subsection (g).'' (b) Notice.--Subsection (f)(6)(A) of section 4980B of such Code is amended by inserting before the period the following: ``and subsections (g) and (h)''. (c) Technical Amendments.-- (1) Subsection (a) of section 4980B of such Code is amended by striking ``the requirements of'' and all that follows and inserting ``the requirements of-- ``(1) subsection (f) with respect to any qualified beneficiary, ``(2) subsection (g) with respect to any individual covered under the group health plan, or ``(3) subsection (h) with respect to any individual.'' (2) Subsection (f) of section 4980B of such Code is further amended-- (A) in paragraph (2)(B)(i)(III), by striking ``(g)(1)(D)(iii)'' and inserting ``(i)(1)(D)(iii)'', (B) in paragraph (2)(B)(iv)(II), by striking ``(g)(1)(D)'' and inserting ``(i)(1)(D)'', (C) in the last sentence of paragraph (3), by striking ``(g)(1)(D)'' and inserting ``(i)(1)(D)'', and (D) in paragraph (5)(B), by striking ``(g)(1)'' and inserting ``(i)(1)''. (d) Effective Date.-- The amendments made by this section shall apply to plan years beginning after December 31, 1995.

Amends the Internal Revenue Code, with respect to imposition of the excise tax for failure of group health plans to meet certain requirements, to require any preexisting condition limitation period with respect to an individual who commences coverage after December 31, 1995, to be reduced by the aggregate of the individual's prior periods of coverage under a plan. Treats a period as zero if a break in coverage of greater than 60 days has occurred between the most recent qualified coverage and commencement of the current coverage. Prohibits, with respect to an individual whose periods of previous coverage are greater than zero, the establishment by a plan of eligibility, continuation, enrollment, or contribution requirements based on factors directly related to health status, medical condition, claims experience, receipt of health care, medical history, disability, or evidence of insurability.

To amend the Internal Revenue Code of 1986 to require employer-provided group health plans to credit coverage under a prior group health plan against any preexisting condition limitation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep America's Oil Here Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States is taking a number of steps to reduce domestic consumption of oil, many of which will soon take effect. (2) In 2007, the Congress passed the Energy Independence and Security Act of 2007 (Public Law 110-140), which increased fuel economy standards to at least 35 miles per gallon by 2020 and established renewable fuel standards to ensure that enough renewable fuel is produced by 2022 to reduce the need for 1.6 million barrels of oil per day. These programs to reduce our domestic oil consumption have yet to be fully implemented. (3) The administration of President Obama is accelerating the implementation of the fuel economy standards and greenhouse gas emission standards. (4) In 2010, the President issued a rule that required increased fuel economy and decreased global warming emissions for light-duty vehicles produced in model years 2012-2016. This rule is in the process of being implemented, and will reduce the need for an additional 1.9 million barrels of oil per day by 2030 and reduce the need for 2.3 million barrels of oil per day by 2040. (5) In 2011, the President issued a proposed rule to implement increased fuel economy and decreased global warming emissions for light duty vehicles produced in model years 2017- 2025. This rule, once fully implemented, will reduce the need for an additional 1.5 million barrels of oil per day by 2030 and reduce the need for 2.4 million barrels of oil per day by 2040. (6) These actions will help reduce domestic consumption of crude oil, which is an exhaustible natural resource. These measures represent only a portion of Federal Government efforts to assist economic growth and reduce economic pressures relating to high oil prices. (7) As the result of actions undertaken by the Congress and the executive branch, domestic oil production has ramped up considerably. Oil production is currently at its highest level since 2003, while production of oil and natural gas liquids combined are at their highest level since 1997. Domestic oil production is expected to continue rising through 2020. Restrictions on exports of oil produced on public lands are a necessary and appropriate complement to energy efficiency measures and will help to ensure a reliable and affordable supply of such oil and refined products from such oil. SEC. 3. NO FOREIGN SALES OF OIL PRODUCED ON FEDERAL LANDS. The Secretary of the Interior may accept bids on any new oil and gas leases of Federal lands (including submerged lands) under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) only from bidders certifying that all crude oil produced under such leases, and all refined petroleum products produced from such crude oil, shall be offered for sale only in the United States. SEC. 4. WAIVER. The President may provide for waiver of the application of section 3 with respect to a lease in a case in which-- (1) the President determines that such a waiver is in the national interest because it-- (A) will not lead to an increase in domestic consumption of crude oil obtained from countries hostile to United States interests or that have political and economic instability that compromises energy supply security; (B) will not lead to higher costs to oil refiners that purchase the crude oil than such refiners would have to pay for crude oil in the absence of such a waiver; and (C) will not lead to higher gasoline costs paid by consumers than consumers would have to pay in the absence of such a waiver; (2) an exchange of crude oil or refined petroleum products provides for no net loss of crude oil or refined petroleum products, respectively, consumed domestically; (3) a waiver is necessary under the Constitution, a law, or an international agreement; or (4) a standing trade agreement with a North American trading partner allows for such exports, and all crude oil and refined petroleum products exported under such a waiver will be consumed in North America. SEC. 5. REFINED PETROLEUM PRODUCT DEFINED. In this Act the term ``refined petroleum product'' means any of the following: (1) Finished reformulated or conventional motor gasoline. (2) Finished aviation gasoline. (3) Kerosene-type jet fuel. (4) Kerosene. (5) Distillate fuel oil. (6) Residual fuel oil. (7) Lubricants. (8) Waxes. (9) Petroleum coke. (10) Asphalt and road oil.

Keep America's Oil Here Act - Authorizes the Secretary of the Interior to accept bids on any new oil and gas leases of federal lands (including submerged lands) only from bidders certifying that all crude oil produced under such leases, and all refined petroleum products made from such crude oil, shall be offered for sale only in the United States. Authorizes the President to waive such limited leasing authorization upon specified determinations, including that waiver is in the national interest because it will not lead to: (1) an increase in domestic consumption of crude oil obtained from countries hostile to U.S. interests or that have political and economic instability compromising energy supply security, (2) higher costs to oil refiners purchasing the crude oil than the refiners would have to pay in the absence of such a waiver; and (3) higher gasoline costs paid by consumers than they would have to pay in the absence of such a waiver.

To provide that the Secretary of the Interior may accept bids on any new oil and gas leases of Federal lands (including submerged lands) only from bidders certifying that all oil produced pursuant to such leases, and all refined petroleum products produced from such oil, shall be offered for sale only in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for the Victims of Pan Am 103 Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) 270 people, including 189 Americans, were killed in the terrorist bombing of Pan Am Flight 103 over Lockerbie, Scotland on December 21, 1988; (2) On January 31, 2001 the three judges of the Scottish court meeting in the Netherlands to try the two Libyan suspects in the bombing of Pan Am 103 found that ``the conception, planning and execution of the plot which led to the planting of the explosive device was of Libyan origin''; (3) The Court found conclusively that Abdel Basset Ali Megrahi ``caused an explosive device to detonate on board Pan Am 103'' and sentenced him to a life term in prison; (4) The Court accepted the evidence that Abdel Basset Ali Megrahi was a member of the Jamahiriyah Security Organization, one of the main Libyan intelligence services; (5) United Nations Security Council Resolutions 731 and 748 of 1992 applied economic sanctions against Libya until Libya extradited the Pan Am 103 suspects and cooperated with the court, and, although the United Nations has suspended the sanctions, the Secretary-General's report of June 30, 1999, which stated that Libya was cooperating with the court did not recommend permanently dropping the sanctions. (6) The United Nations Security Council has required Libya to pay compensation to the families of the victims of Pan Am 103 if the suspects are found guilty, and end support for international terrorism before multilateral sanctions can be permanently lifted; SEC. 3. DEFINITIONS. In this Act: (1) Government of libya.--The term ``Government of Libya'' includes any agency or instrumentality of the Government of Libya. (2) United states assistance.--The term ``United States assistance'' means-- (A) any assistance under the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation); (B) sales, or financing on any terms, under the Arms Export Control Act; (C) the provision of agricultural commodities under the Agricultural Trade Development and Assistance Act of 1954; and (D) financing under the Export-Import Bank Act of 1945. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Government of Libya and its leader, Moammar Gaddafi, should be condemned, in the strongest possible terms, for support of international terrorism, including the bombing of Pan Am 103; (2) the Government of Libya should immediately make a full and complete public accounting of and apology for the bombing of Pan Am 103 and provide adequate and due compensation to the families of the victims of Pan Am 103; (3) the President, Secretary of State, and other United States Government officials should encourage other countries to maintain international sanctions against Libya until Libya provides a full and complete public accounting and apology and accepted public responsibility for the bombing of Pan Am 103, pays compensation to the families of the victims of Pan Am 103, and ends support for international terrorism; (4) the President should instruct the United States Permanent Representative to the United Nations to encourage the members of the United Nations Security Council to maintain United Nations sanctions against Libya until Libya provides a full and complete public accounting and apology and accepted public responsibility for the bombing of Pan Am 103, pays compensation to the families of the victims of Pan Am 103, and ends support for international terrorism, and to oppose any efforts to lift United Nations sanctions until these conditions are met; and (5) the President should consult fully with Congress in considering policy toward Libya. SEC. 5. POLICY OF THE UNITED STATES TOWARD LIBYA. (a) In General.--It shall be the policy of the United States to oppose the removal of United Nations sanctions, United States sanctions (including sanctions imposed pursuant to the authorities of law specified in subsection (b)), the travel ban, and all other United States restrictions on Libya until the conditions specified in section 7 have been satisfied. (b) Covered Sanctions.--The authorities of law specified in this subsection are the following: (1) The International Security and Development Cooperation Act of 1981 (Public Law 97-113). (2) The International Security and Development Cooperation Act of 1985 (Public Law 99-83). (3) The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 (Public Law 103-87). (4) The Iran and Libya Sanctions Act of 1996 (Public Law 104-172). SEC. 6. PROHIBITION ON UNITED STATES ASSISTANCE FOR LIBYA. Notwithstanding any other provision of law, United States assistance shall not be provided to the Government of Libya until the President determines and certifies to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives that the conditions specified in section 7 have been satisfied. SEC. 7. CONDITIONS. The conditions specified in this section are the following: (1) All cases of United States nationals who were victims of Libyan terrorism have been resolved. (2) The Government of Libya has provided compensation to the families of the victims of Pan Am 103. (3) The Government of Libya has provided a full and complete public accounting and apology and accepted public responsibility for the bombing. (4) The Government of Libya has taken real and concrete steps to end support for international terrorism.

Justice for the Victims of Pan Am 103 Act of 2001 - Expresses the sense of Congress that: (1) the Government of Libya and its leader, Moammar Gaddafi, should be condemned for support of international terrorism, including the bombing of Pan Am 103; (2) the Government of Libya should make a full apology for the bombing of Pan Am 103 and provide adequate compensation to the families of the victims; and (3) the President, the Secretary of State, and other Government officials should encourage other countries to maintain international sanctions (including United Nations (UN) sanctions) against Libya until the requirements of this Act are met.Declares it shall be U.S. policy to oppose the removal of UN sanctions, U.S. sanctions, the travel ban, and all other U.S. restrictions on Libya until certain conditions with respect to Libya and international terrorism and Pan Am 103 are met. Prohibits U.S. assistance to the Government of Libya until the President certifies to specified congressional committees that such conditions are met.

A bill to provide for United States policy toward Libya.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Flu Response Act of 2004''. SEC. 2. EMERGENCY FLU RESPONSE. Title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et seq.) is amended by adding at the end the following: ``Subtitle 3--Influenza Vaccine ``SEC. 2141. DEFINITION. ``In this subtitle, the term `priority group' means a group described as a priority group for vaccination with influenza vaccine in recommendations entitled `Interim Influenza Vaccination Recommendations - 2004-2005 Influenza Season', dated October 5, 2004, or any successor to such recommendations issued by the Secretary. ``SEC. 2142. EMERGENCY ACCESS TO INFLUENZA VACCINE. ``(a) Declaration of Emergency.-- ``(1) In general.--Under section 564(b)(1)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb- 3(b)(1)(C)), the Secretary shall immediately declare the shortage of influenza vaccine in the United States for the 2004-2005 influenza season to be an emergency justifying an authorization for a product under section 564 of such Act (21 U.S.C. 360bbb). ``(2) Determination.--For the purpose of making determinations under section 564(b)(1)(C) of such Act to carry out paragraph (1), the Secretary-- ``(A) shall deem the shortage to be a public health emergency described in such section; and ``(B) shall deem influenza virus to be a biological agent. ``(3) Construction.--Nothing in this subsection shall be considered to invoke the authorities described in section 319, or to limit the ability of the Secretary to invoke such authorities. ``(b) Seeking Influenza Vaccine.--The Secretary shall promptly consult with the health ministries of Canada, countries that are members of the European Union as of January 1, 2003, Japan, and Switzerland to assess the availability of influenza vaccine for the 2004-2005 influenza season that-- ``(1) has been approved, licensed, or otherwise cleared for marketing by the relevant regulatory agency in such a country; and ``(2) is in excess of the needs in such country for the vaccination of persons at high risk for complications from influenza. ``(c) Issuance of Authorization.-- ``(1) In general.--The Secretary shall promptly evaluate available influenza vaccine (as identified under subsection (b)) to determine whether the vaccine meets the criteria for issuance of an authorization under section 564(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3(c)). ``(2) Criteria.--For the purpose of making determinations under section 564(c) of such Act to carry out paragraph (1), the Secretary-- ``(A) shall deem influenza virus to be an agent that can cause a serious or life-threatening disease or condition; and ``(B) shall deem the shortage described in subsection (a)(1) to be sufficient evidence that there is no alternative described in section 564(c)(3). ``(d) Vaccine Purchase.--Not later than 30 days after the date of enactment of the Emergency Flu Response Act of 2004, the Secretary shall purchase, at a reasonable price, available influenza vaccine identified under subsection (b) for which the Secretary has issued an authorization under section 564(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3(c)). ``(e) Vaccine Distribution.--Notwithstanding any other provision of law, the Secretary shall promptly import and distribute any influenza vaccine purchased under subsection (d), giving first priority to persons in priority groups. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2005. ``SEC. 2143. EFFECTIVE RESPONSES TO VACCINE SHORTAGES. ``(a) In General.--The Secretary shall award a grant to each State to allow such State to develop and implement a plan to respond to the shortage of influenza vaccine in the United States for the 2004-2005 influenza season. ``(b) Use of Funds.--A State that receives a grant under this section shall use the funds made available through a grant under subsection (a) to develop-- ``(1) a voluntary plan to ensure that the influenza vaccine is, to the maximum extent possible, administered to priority groups; ``(2) a system to notify health care providers about revisions in guidelines for administering influenza vaccine; ``(3) an awareness campaign to inform the public about recommendations concerning groups that are priority groups for vaccination with influenza vaccine; and ``(4) procedures to allow for the voluntary donation of vaccine as described in section 2145. ``(c) Amount.--The amount of a grant under subsection (a) shall be proportional to the population of the State and the severity of the shortage of influenza vaccine in such State, as determined by the Secretary. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2005. ``SEC. 2144. EFFECTIVE MONITORING OF THE NATION'S INFLUENZA VACCINE SUPPLY. ``(a) Manufacturers.--Not later than 15 days after the date of enactment of the Emergency Flu Response Act of 2004 and every 30 days thereafter, any person who manufactures influenza vaccine for introduction into interstate commerce shall prepare and submit to the Secretary a summary report that lists-- ``(1) each client, both public and private, who purchased influenza vaccine from the manufacturer during the period covered by the report; and ``(2) the number of doses of influenza vaccine sold to each client during the period. ``(b) State Public Health Agencies.--To be eligible to receive a grant under section 2143(a), a State through its public health agency shall, not later than 15 days after the date of enactment of the Emergency Flu Response Act of 2004 and every 30 days thereafter, prepare and submit to the Secretary a summary report describing-- ``(1) the number of doses of influenza vaccine available in the State during the period covered by the report; ``(2) the number of such doses that were given to each priority group during that period; and ``(3) to the extent that such information is readily obtainable by the State, the manner in which such doses were distributed to consumers during such period, such as by distribution through public health agencies or private health care providers. ``SEC. 2145. CLEARINGHOUSES FOR VOLUNTARY DONATION OF INFLUENZA VACCINE. ``The Centers for Disease Control and Prevention, and each State public health agency described in section 2144(b), shall establish a clearinghouse to-- ``(1) enable persons to voluntarily donate influenza vaccine doses; and ``(2) distribute the doses for administration to individuals in priority groups. ``SEC. 2146. PURCHASES OF INFLUENZA VACCINE. ``(a) In General.--The Secretary shall establish a program through which the Secretary may-- ``(1) purchase from private employers, vaccine wholesalers, and other appropriate individuals and entities, doses of influenza vaccine that are not needed for the vaccination of priority groups; and ``(2) distribute the doses purchased under paragraph (1) for administration to individuals in priority areas. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2005. ``SEC. 2147. USE OF INFLUENZA VACCINE. ``(a) Executive Branch.--The head of each Executive agency (as defined in section 105 of title 5, United States Code) shall ensure that any influenza vaccine in the possession of the head of the agency shall-- ``(1) be administered only to employees of the agency who are in priority groups; and ``(2) provide to the Secretary any doses of the vaccine that are not needed for the vaccination of individuals in priority groups, so that the Secretary can distribute the doses for administration to individuals in the priority groups. ``(b) Legislative Branch.--The Attending Physician of the Capitol shall ensure that any influenza vaccine in the possession of the Attending Physician shall-- ``(1) be administered only to employees of the legislative branch of the Federal Government who are in priority groups; and ``(2) provide to the Secretary any doses of the vaccine that are not needed for the vaccination of individuals in priority groups, so that the Secretary can distribute the doses for administration to individuals in the priority groups. ``SEC. 2148. ENHANCING EXISTING COUNTERMEASURES AGAINST INFLUENZA. ``(a) Authorization to Purchase.--The Secretary may, subject to amounts appropriated under subsection (d), purchase at a reasonable negotiated price, such additional amounts of any drug approved by the Commissioner of Food and Drugs to treat influenza as are determined necessary by the Secretary. ``(b) Addition to Stockpile.--The Secretary shall include any drug purchased under subsection (a) in the stockpile established under section 121 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. ``(c) Increasing the Effectiveness of Existing Vaccine Supplies.-- The Secretary, acting through the Director of the National Institutes of Health, shall conduct a clinical trial or trials to determine whether influenza vaccine can be diluted and continue to retain its effectiveness in preventing influenza in individuals in priority groups. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2005. ``SEC. 2149. NATIONAL QUARANTINE COMPENSATION PROGRAM. ``(a) In General.--There is established the National Quarantine Compensation Program to be administered by the Secretary under which compensation shall be paid to individuals who are subjected to an order of quarantine issued by a Federal or State health agency. ``(b) Amount.--An individual's compensation under the National Quarantine Compensation Program shall be equal to wages lost as a result of such individual being subjected to the quarantine. ``(c) Appropriations.--There are authorized to be appropriated and there are hereby appropriated to carry out subsections (a) and (b) such sums as may be necessary. ``SEC. 2150. EMPLOYMENT RIGHTS AND PROTECTIONS RELATING TO FEDERALLY MANDATED HEALTH-RELATED QUARANTINE. ``(a) Definitions.--In this section: ``(1) Employer.--The term `employer'-- ``(A) means any person engaged in commerce or in any industry or activity affecting commerce; and ``(B) includes-- ``(i)(I) any person who acts, directly or indirectly, in the interest of a person described in subparagraph (A) to any of the employees of such person; or ``(II) any successor in interest of a person described in subparagraph (A); ``(ii) any public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)); ``(iii) the Government Accountability Office, the Government Printing Office, and the Library of Congress; and ``(iv) all other legislative branch entities identified as employing offices in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.). ``(2) Employment benefits.--The term `employment benefits' means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an employee benefit plan, as defined in section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002). ``(3) Secretary.-- ``(A) In general.--Except as otherwise provided in subparagraph (B), the term `Secretary' means the Secretary of Labor. ``(B) Exceptions.--In the case of actions brought regarding employees-- ``(i) of the Government Accountability Office, the term `Secretary' means the Comptroller General of the United States; ``(ii) of the Government Printing Office, the term `Secretary' means the Public Printer; ``(iii) of the Library of Congress, the term `Secretary' means the Librarian of Congress; and ``(iv) of any other legislative branch employer, the term `Secretary' means the Office of Compliance. ``(b) Employment Rights, Benefits, and Protection From Discrimination.-- ``(1) Restoration to position.--Any individual subjected to an order of quarantine issued by a Federal or State health agency shall be entitled, on return from such quarantine-- ``(A) to be restored by the employer of such individual to the position of employment held by the individual when the quarantine of such individual commenced; or ``(B) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. ``(2) Benefits.--An individual restored to such individual's position, or equivalent position, pursuant to paragraph (1) shall be entitled to the seniority and other rights and benefits that the individual had on the date when the quarantine of such individual commenced, plus the additional seniority and rights and benefits that the individual would have attained had the individual not been subjected to a federally mandated health-related quarantine. ``(3) Protection from discrimination.--It shall be unlawful for an employer to discharge or in any other manner discriminate against any individual on the basis of such individual's being, or having been, subjected to a federally mandated health-related quarantine. ``(c) Investigative Authority; Enforcement.-- ``(1) In general.--The Secretary shall ensure compliance with the provisions of subsection (b) and enforce violations of subsection (b). ``(2) Same authorities.--In order to carry out paragraph (1), the Secretary shall have the same authorities as provided to the Secretary under sections 106 and 107 of the Family and Medical Leave Act of 1993 (29 U.S.C. 209 and 210) to ensure compliance with and enforce violations of the Family and Medical Leave Act of 1993. ``(d) State and Local Laws.--Nothing in this section shall be construed to supersede any provision of any State or local law that provides greater rights than the rights established under this section.''. ``SEC. 2151. ASSURING THAT INDIVIDUALS IN PRIORITY GROUPS RECEIVE VACCINES. ``(a) Determinations.--Not later than 30 days after the date of enactment of the Emergency Flu Response Act of 2004, and every 30 days thereafter, the Secretary shall review the effectiveness of measures taken under sections 2142 through 2147 and determine whether the measures have ensured the distribution of influenza vaccine for administration to individuals in priority groups. If the Secretary determines that the measures have not ensured that distribution, the Secretary-- ``(1) may take the actions described in subsection (b) if the Secretary determines that such actions are needed to protect the public health; and ``(2) shall notify the appropriate committees of Congress of such determination. ``(b) Assuring the Individuals in Priority Groups Receive Vaccines.--On making the determination described in subsection (a), the Secretary may require that a person, not including a person that is a manufacturer of influenza vaccine, who possesses influenza vaccine sell such person's supply of the influenza vaccine to the Federal Government, as an exercise of the Federal Government's power to take private property for public use, for just compensation. ``(c) Prioritization.--The Secretary shall distribute the doses of influenza vaccine obtained under subsection (b) in a manner determined appropriate by the Secretary to ensure that such vaccine is administered to individual in priority groups.''.

Emergency Flu Response Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to immediately declare the shortage of the influenza vaccine to be a public health emergency justifying an authorization of the use of unapproved products. Requires the Secretary to: (1) consult with certain foreign countries to assess the availability of excess vaccines; (2) determine whether such vaccines meet the criteria for emergency authorization; (3) purchase, import, and distribute such vaccines; (4) award a grant to each State to develop and implement a plan to respond to the current shortage; and (5) establish a program to purchase and redistribute excess doses for administration to individuals in priority areas. Requires the head of each executive agency and the Attending Physician of the Capitol to ensure that vaccines are administered only to employees in priority groups and to provide the Secretary with any excess doses for redistribution. Allows the Secretary to purchase any approved drug to treat influenza for inclusion in the Strategic National Stockpile. Requires the Secretary, acting through the Director of the National Institutes of Health (NIH), to conduct clinical trials to determine whether a diluted influenza vaccine is effective in priority groups. Establishes the National Quarantine Compensation Program to pay individuals subject to a State or Federal quarantine order an amount equal to lost wages. Prohibits an employer from discharging or discriminating against such individuals. Allows the Secretary, upon determining that measures taken under this Act have not been effective, to: (1) take additional measures necessary to protect the public health; and (2) require manufacturers or anyone in possession of the vaccine to sell their supply to the Federal Government.

To amend the Public Health Service Act to address the shortage of influenza vaccine, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buy-American Investment Incentive Act''. SEC. 2. INCREMENTAL INVESTMENT CREDIT. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(4) the incremental investment credit.'' (b) Amount of Credit.--Section 48 of such Code is amended by adding at the end thereof the following new subsection: ``(c) Incremental Investment Credit.-- ``(1) In general.--For purposes of section 46, the incremental investment credit for any taxable year is an amount equal to 10 percent of the excess (if any) of-- ``(A) the aggregate bases of qualified investment credit properties placed in service during such taxable year, over ``(B) 80 percent of the base amount. ``(2) Qualified investment credit property.--For purposes of this subsection-- ``(A) In general.--The term `qualified investment credit property' means any eligible property-- ``(i) which is tangible property to which section 168 applies, ``(ii) which is section 1245 property (as defined in section 1245(a)(3)), and ``(iii)(I) the construction, reconstruction, or erection of which is completed by the taxpayer, or ``(II) which is acquired by the taxpayer if the original use of such property commences with the taxpayer. ``(B) Eligible property.-- ``(i) In general.--Except as otherwise provided in this subparagraph, the term `eligible property' means tangible property (other than a building, its structural components, or an air conditioning or heating unit), but only if such property-- ``(I) is used as an integral part of manufacturing, production (including agriculture), or extraction or of furnishing transportation, communications, electrical energy, gas, water, waste disposal, or pollution control services, ``(II) constitutes a research facility or research equipment used in connection with any of the activities referred to in subclause (I), or ``(III) constitutes a facility used in connection with any of the activities referred to in subclause (I) for the bulk storage of fungible commodities (including commodities in a liquid or gaseous state). ``(ii) Imported property not eligible.-- Property shall not be treated as eligible property if-- ``(I) such property was completed outside the United States, or ``(II) less than 75 percent of the basis of such property is attributable to value added within the United States. For purposes of this clause, the term `United States' includes the Commonwealth of Puerto Rico and the possessions of the United States. ``(iii) Certain property not eligible.--Any passenger automobile and any office furnishings shall not be treated as eligible property. ``(3) Base amount.--For purposes of paragraph (1)(B)-- ``(A) In general.--The term `base amount' means the product of-- ``(i) the fixed-base percentage, and ``(ii) the average annual gross receipts of the taxpayer for the 4 taxable years preceding the taxable year for which the credit is being determined (hereafter in this subsection referred to as the `credit year'). ``(B) Minimum base amount.--In no event shall the base amount be less than 50 percent of the amount determined under paragraph (1)(A). ``(C) Fixed-base percentage.-- ``(i) In general.--The fixed-base percentage is the percentage which the aggregate amounts described in paragraph (1)(A) for taxable years beginning after December 31, 1987, and before January 1, 1993, is of the aggregate gross receipts of the taxpayer for such taxable years. ``(ii) Rounding.--The percentages determined under clause (i) shall be rounded to the nearest \1/100\ of 1 percent. ``(D) Other rules.--Rules similar to the rules of paragraphs (4) and (5) of section 41(c) shall apply for purposes of this paragraph. ``(4) Coordination with other credits.--This subsection shall not apply to any property to which the energy credit or rehabilitation credit would apply unless the taxpayer elects to waive the application of such credits to such property. ``(5) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsection (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection.'' (c) Incremental Investment Credit Allowable Against Entire Regular Tax and Alternative Minimum Tax.-- (1) Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by adding at the end thereof the following new paragraph: ``(3) Special rules for incremental investment credit.-- ``(A) In general.--In the case of a C corporation, this section and section 39 shall be applied separately-- ``(i) first with respect to so much of the credit allowed by subsection (a) as is not attributable to the incremental investment credit, and ``(ii) then with respect to the incremental investment credit. ``(B) Rules for application of incremental investment credit.-- ``(i) In general.--In the case of the incremental investment credit, in lieu of applying the preceding paragraphs of this subsection, the amount of such credit allowed under subsection (a) for any taxable year shall not exceed the net chapter 1 tax for such year. ``(ii) Net chapter 1 tax.--For purposes of clause (i), the term `net chapter 1 tax' means the sum of the regular tax liability for the taxable year and the tax imposed by section 55 for the taxable year, reduced by the sum of the credits allowable under this part for the taxable year (other than under section 34 and other than the incremental investment credit). ``(C) Incremental investment credit.--For purposes of this paragraph, the term `incremental investment credit' means the credit allowable under subsection (a) by reason of section 48(c).'' (2) Paragraph (2) of section 55(c) of such Code is amended to read as follows: ``(2) Cross references.-- ``(A) For provisions providing that certain credits are not allowable against the tax imposed by this section, see sections 26(a), 28(d)(2), 29(b)(5), and 38(c). ``(B) For provision allowing incremental investment credit against the tax imposed by this section, see section 38(c)(3).'' (d) Technical Amendments.-- (1) Clause (ii) of section 49(a)(1)(C) of such Code is amended by inserting ``or qualified investment credit property'' after ``energy property''. (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(5)'' before the period at the end thereof. (3) Paragraph (5) of section 50(a) of such Code is amended by adding at the end thereof the following new subparagraph: ``(D) Special rules for certain property.--In the case of any qualified investment credit property which is 3-year property (within the meaning of section 168(e))-- ``(i) the percentage set forth in clause (ii) of the table contained in paragraph (1)(B) shall be 66 percent, ``(ii) the percentage set forth in clause (iii) of such table shall be 33 percent, and ``(iii) clauses (iv) and (v) of such table shall not apply.'' (4)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (e) Effective Date.--The amendments made by this section shall apply to-- (1) property acquired by the taxpayer after December 3, 1992, and (2) property the construction, reconstruction, or erection of which is completed by the taxpayer after December 3, 1992, but only to the extent of the basis thereof attributable to construction, reconstruction, or erection after such date.

Buy-American Investment Incentive Act - Amends the Internal Revenue Code to allow an incremental investment credit in an amount equal to ten percent of the excess of the aggregate bases of qualified investment credit properties placed in service over 80 percent of the base amount. Excludes: (1) property if completed outside the United States or if less than 75 percent of the basis of the property is attributable to value added within the United States; and (2) passenger automobiles and office furnishings. Establishes formulas for determining the base amount. Makes the incremental investment credit inapplicable to any property to which the energy or rehabilitation credit would apply unless the taxpayer waives the application of such credits. Establishes special rules for the incremental investment credit in relation to limitations based on the amount of tax. Applies such limitations and provisions concerning carryback and carryforward of unused credits separately, in the case of a C corporation: (1) first with respect to the credit allowed as is not attributable to the incremental investment credit; and (2) then with respect to such credit. Limits the credit, in lieu of current limitations, to the net chapter 1 tax.

Buy-American Investment Incentive Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Chance Homes Promotion Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States has the highest rates of teenage pregnancy and births in the western industrialized world. (2) Teenage pregnancy costs the United States at least $7,000,000,000 annually. Four in 10 young women become pregnant at least once before they reach the age of 20, for a total of nearly 1,000,000 teenage pregnancies a year. Eight in 10 of these pregnancies are unintended, and 79 percent are to unmarried teens. (3) Teenage mothers are less likely than other teens to complete high school. Only \1/3\ of teenage mothers receive a high school diploma. Teenage mothers are also more likely than other individuals to become dependent on welfare, with nearly 80 percent of unmarried teenage mothers ending up on welfare. (4) The children of teenage mothers have lower birth weights, are more likely to perform poorly in school, and are at greater risk of abuse and neglect than are other children. The sons of teenage mothers are 13 percent more likely than other males to end up in prison, while daughters of teenage mothers are 22 percent more likely than other females to become teenage mothers themselves. (5) In the amendments made by the 1996 welfare reform legislation, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Congress endorsed the concept of ``second chance homes'' as an alternative for minor teenage parents required by the law to live at home or under adult supervision. The law required States to ``provide, or assist the individual in locating, a second chance home, maternity home, or other appropriate adult-supervised supportive living arrangement''. According to a 1999 report by the Center for Law and Social Policy, 18 States had no policy for helping families with teenage parents find shelter. A 1998 survey by the Center on Law and Social Policy found that in the 9 States that keep data on minors ineligible for welfare, 1,300 teens were denied assistance under State temporary assistance for needy families programs because of their living situations. (6) Second chance homes offer the 3 elements that teenage welfare mothers need to change their lives-- (A) socialization; (B) nurturing and support; and (C) structure and discipline. (7) These homes have produced the following notable and promising results: (A) Few second pregnancies. (B) Slightly higher adoption rates. (C) Less child abuse. (D) Better maternal and child health. (E) Dramatically increased school completion rates for mothers. (F) Higher employment rates. (G) Reduced welfare dependency. SEC. 3. SECOND CHANCE HOME PROGRAM AUTHORIZATION. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') is authorized to award grants to eligible entities to enable such eligible entities to carry out the activities described in section 6. (b) Process.--The Secretary shall award grants under this Act on a competitive basis, after reviewing all applications submitted under section 5. SEC. 4. ELIGIBLE ENTITIES. (a) In General.--To be eligible to receive a grant under this Act, an entity shall be-- (1) a State; (2) a unit of local government; (3) an Indian tribe; or (4) a public or private nonprofit agency, organization, or institution, or other nonprofit entity, including a nonprofit urban Indian organization or an Indian group or community that is not an Indian tribe. (b) Definitions.--In this section-- (1) Indian tribe.--The term ``Indian tribe'' has the meaning given such term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (2) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. SEC. 5. APPLICATION. (a) In General.--An eligible entity that desires a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall reasonably require. (b) Priority.--In awarding grants under this Act, the Secretary shall give priority to an eligible entity that submits an application-- (1) proposing to establish a new second chance home, especially in a rural area or tribal community; (2) proposing to collaborate with a non-profit entity in establishing, expanding, or enhancing a second chance home; or (3) demonstrating that the eligible entity will use funds under a State temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) to support a portion of the operating costs of the applicable second chance home. SEC. 6. USE OF FUNDS. (a) In General.--An eligible entity that receives a grant under this Act shall use such grant funds to establish, expand, or enhance a second chance home. (b) Second Chance Home.--In this Act, the term ``second chance home'' means a community-based, adult-supervised group home that provides young mothers and their children with a supportive and supervised living arrangement in which such mothers are required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic independence and the well-being of their children. (c) Requirement.--A second chance home that receives grant funds under this Act shall provide services to mothers who are not more than 23 years of age and their children. SEC. 7. MATCHING FUNDS. The Secretary shall not award a grant to an eligible entity under this Act unless the eligible entity agrees that, with respect to the costs to be incurred in carrying out the activities for which the grant was awarded, the eligible entity will make available non-Federal contributions in an amount equal to not less than 20 percent of the Federal funds provided under the grant. Such contributions may be provided in cash or in kind, fairly valued, including plant, equipment, or services. SEC. 8. DURATION. Grants under this Act shall be awarded for a period of 5 years. SEC. 9. CONTRACT FOR EVALUATION. (a) In General.--The Secretary shall enter into a contract with a public or private entity for the evaluation of the second chance homes that are supported by grant funds under this Act. (b) Information.--The evaluation shall include the collection of information about the relevant characteristics of individuals who benefit from second chance homes such as those that are supported by grant funds under this Act and what services provided by such second chance homes are most beneficial to such individuals. (c) Report.-- (1) In general.--The entity conducting the evaluation under this section shall submit to Congress an interim report and a final report in accordance with paragraph (2) containing the results of the evaluation. (2) Date.-- (A) Interim report.--The interim report shall be submitted not later than 2 years after the date on which the entity enters into a contract. (B) Final report.--The final report shall be submitted not later than 5 years after the date on which the entity enters into a contract. SEC. 10. TECHNICAL ASSISTANCE. (a) In General.--From amounts appropriated under section 11(a), the Secretary may use an amount not to exceed $500,000 to enter into a contract, with a public or private entity, for the provision of technical assistance to eligible entities receiving grant funds under this Act. (b) Conferences.--The technical assistance provided under this section may include conferences for the purpose of disseminating information concerning best practices for second chance homes. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act, other than section 9, $45,000,000 for fiscal year 2002. (b) Evaluation.--There is authorized to be appropriated to carry out section 9, $1,000,000 for fiscal year 2002. (c) Availability.--Any amounts authorized under the authority of subsections (a) and (b) shall remain available until expended.

Second Chance Homes Promotion Act of 2001 Authorizes the Secretary of Health and Human Services to award grants on a competitive and matching-funds basis to enable eligible entities to establish, expand, or enhance a community-based, adult-supervised group home that provides mothers age 23 or under and their children with a supportive and supervised living arrangement in which such mothers are required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic independence and the well-being of their children.

A bill to support community-based group homes for young mothers and their children.

SECTION l. SHORT TITLE. This Act may be cited as the ``Invest in the Deficit Act of 1993''. SEC. 2. NEW REVENUE TO REDUCE DEFICITS. (a) In General.--Except as provided by subsection (b), whenever a law is enacted that provides new revenue or an asset of the United States is sold to the public, all such revenue and the proceeds of all such sales shall be dedicated to the reduction of any annual Federal budget deficit. (b) Exception.--Subsection (a) shall not apply to any fiscal year if there was no Federal budget deficit in the immediately preceding fiscal year. (c) Definition.--As used in this section, the term ``new revenue'' refers to additional receipts resulting from the enactment, after the date of enactment of this Act, of new taxes or higher rates for existing taxes, including any extension of temporary taxes or rates. SEC. 3. MAXIMUM DEFICIT AMOUNTS AND DISCRETIONARY SPENDING LIMITS FOR FISCAL YEAR 1994-1998. (a) Maximum Deficit Amounts.--Section 601(a)(1) of the Congressional Budget Act of 1974 is amended by striking subparagraphs (D) and (E) and inserting the following: ``(D) with respect to fiscal year 1994, $260,800,000,000; ``(E) with respect to fiscal year 1995, $240,000,000,000; ``(F) with respect to fiscal year 1996, $210,000,000,000; ``(G) with respect to fiscal year 1997, $170,000,000,000; and ``(H) with respect to fiscal year 1998, $130,000,000,000;''. (b) Discretionary Spending Limits.--(1) Section 601(a)(2) of the Congressional Budget Act of 1974 is amended by striking subparagraphs (D) and (E) and by inserting ``and'' at the end of subparagraph (B). (2) Section 601(a) of the Congressional Budget Act of 1974 is amended by adding at the end the following new paragraph: ``(3) Discretionary spending limits for fiscal years 1994- 1998.--The term `discretionary spending limit' means-- ``(A) for the defense category-- ``(i) with respect to fiscal year 1994, $281,151,000,000 in new budget authority and $290,361,000,000 in outlays; ``(ii) with respect to fiscal year 1995, $279,151,000,000 in new budget authority and $288,361,000,000 in outlays; ``(iii) with respect to fiscal year 1996, $273,151,000,000 in new budget authority and $282,361,000,000 in outlays; ``(iv) with respect to fiscal year 1997, $269,651,000,000 in new budget authority and $278,861,000,000 in outlays; and ``(v) with respect to fiscal year 1998, $264,651,000,000 in new budget authority and $273,861,000,000 in outlays; and ``(B) for the international category, as adjusted in strict conformance with section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985-- ``(i) with respect to fiscal year 1994, $34,941,000,000 in new budget authority and $20,519,000,000 in outlays; ``(ii) with respect to fiscal year 1995, $35,558,000,000 in new budget authority and $20,881,000,000 in outlays; ``(iii) with respect to fiscal year 1996, $36,732,000,000 in new budget authority and $21,570,000,000 in outlays; ``(iv) with respect to fiscal year 1997, $37,980,000,000 in new budget authority and $22,304,000,000 in outlays; and ``(v) with respect to fiscal year 1998, $39,272,000,000 in new budget authority and $23,062,000,000 in outlays; and ``(C) for the domestic category, as adjusted in strict conformance with section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985-- ``(i) with respect to fiscal year 1994, $205,501,000,000 in new budget authority and $228,997,000,000 in outlays; ``(ii) with respect to fiscal year 1995, $209,131,000,000 in new budget authority and $233,043,000,000 in outlays; ``(iii) with respect to fiscal year 1996, $216,032,000,000 in new budget authority and $240,733,000,000 in outlays; ``(iv) with respect to fiscal year 1997, $223,378,000,000 in new budget authority and $248,918,000,000 in outlays; and ``(v) with respect to fiscal year 1998, $230,972,000,000 in new budget authority and $257,382,000,000 in outlays.''. (c) Conforming Amendments.--(1) Section 601(b)(1) of the Congressional Budget Act of 1974 is amended by striking ``or 1995'' and inserting ``1995, 1996, 1997, or 1998''. (2) Section 602(c) of the Congressional Budget Act of 1974 is amended by striking ``1995'' and inserting ``1998''. (3) Section 602(d) of the Congressional Budget Act of 1974 is amended in its side heading by striking ``1995'' and inserting ``1998'' and by striking ``1995'' and inserting ``1998''. (4) Section 606(c) of the Congressional Budget Act of 1974 is amended-- (A) in subsection (a), by striking ``or 1995'' and inserting ``1995, 1996, 1997, or 1998''; and (B) in subsection (d), by striking ``and 1995'' and inserting ``1995, 1996, 1997, and 1998''. (5) Section 607 of the Congressional Budget Act of 1974 is amended by striking ``1995'' and inserting ``1998''. SEC. 4. CONFORMING AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985. Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) Section 250(a) is amended by striking ``1995'' and inserting ``1998''. (2) Section 250(c) is amended-- (A) in paragraph (4), by striking ``(A)'', by striking ``1991, 1992, and 1993'' and inserting ``1991 through 1998'', and by repealing subparagraph (B); (B) in paragraph (6)(B), by striking ``or 1995,'' and inserting ``1995, 1996, 1997, or 1998,''; and (C) in paragraph (14), by striking ``1995'' and inserting ``1998''. (3)(A) The side heading of section 251(a) is amended by striking ``1995'' and inserting ``1998''. (B) Section 251(b) is amended-- (i) by striking ``or 1995'' and inserting ``1995, 1996, 1997, or 1998'' in the first sentence of paragraph (1), in paragraph (1)(B)(i), in the first sentence of paragraph (2), and in paragraph (2)(D); (ii) in paragraph (1)(B), effective for fiscal year 1994, by striking clause (ii) and inserting the following new clause: ``(ii) For a budget year the inflation adjustment factor shall be measured by the average of the estimated gross national product implicit price deflator index for a fiscal year divided by the average of the prior fiscal year.''; (iii) in the first sentence of paragraph (2) by striking ``through 1995'' and inserting ``through 1998''; and (iv) in paragraph (2)(F) by striking the comma after ``or 1993'' and all that follows and inserting a period. (4)(A) The side heading of section 252(a) is amended by striking ``1995'' and inserting ``1998''. (B) Section 252(d) is amended by striking ``1995'' and inserting ``1998'' each place it appears. (C) Section 252(e) is amended by striking ``or 1995'' and inserting ``1995, 1996, 1997, or 1998'' and by striking ``through 1995'' and inserting ``through 1998''. (5) Section 253 is amended-- (A) in subsection (g)(1)(B), by inserting ``or any subsequent fiscal year through 1998'' after ``fiscal year 1994'', by striking ``fiscal years 1994 and 1995'' and inserting ``that fiscal year and the subsequent fiscal year (through fiscal year 1998)'', by striking the second sentence, and, in the last sentence, by striking ``through fiscal year'' and all that follows and inserting: ``shall be deemed to apply for that fiscal year.''; (B) in subsection (g)(1)(C), by striking ``or 1995'' and inserting ``1995, 1996, 1997, or 1998''; and (C) in subsection (h), by striking ``fiscal year 1994 and fiscal year 1995'' both places it appears and inserting ``fiscal year 1994, 1995, 1996, 1997, and 1998''. (6) Section 254 is amended-- (A) in subsection (c), by striking ``or 1995'' and inserting ``1995, 1996, 1997, or 1998''; (B) in subsection (d)(2), by striking ``1995'' and inserting ``1998''; and (C) in paragraphs (2)(A) and (3) of subsection (g), by striking ``1995'' and inserting ``1998''. (7) Section 275(b) is amended by striking ``1995'' and inserting ``1998''.

Invest in the Deficit Act of 1993 - Declares that whenever a law is enacted that provides new revenue or an asset of the United States is sold to the public, all such revenue and proceeds sales shall be dedicated to the reduction of any annual Federal budget deficit. Amends the Congressional Budget Act of 1974 to increase the maximum deficit amounts for FY 1994 and 1995 and to establish such amounts for FY 1996 through 1998. Repeals discretionary spending limits for FY 1994 and 1995. Establishes such limits for FY 1994 through 1998 for the defense, international, and domestic categories. Requires adjustments to the international and domestic categories to be made in strict conformance with enforcement provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).

Invest in the Deficit Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Medal for Outstanding Contributions in Math and Science Education Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Elementary school and secondary school.--The terms ``elementary school'' and ``secondary school'' have the meaning given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 3. ESTABLISHMENT OF PROGRAM. The Director shall establish a Congressional Medal for Outstanding Contributions in Math and Science Education program, which shall be designed to-- (1) recognize private entities for outstanding efforts supporting elementary and secondary schools in improving student achievement in science, technology, engineering, and mathematics; (2) encourage private entities to support elementary and secondary schools to improve and underscore the importance of science, technology, engineering, and mathematics education; and (3) make information about medal recipients available to schools, institutions of higher education, educators, parents, administrators, policymakers, researchers, public and private entities, and the general public. SEC. 4. MEDALS. (a) Finalists.--Beginning not later than 2 years after the date of enactment of this Act, the Director shall annually name as finalists for medals under this Act-- (1) not more than 20 private entities with more than 500 employees; and (2) not more than 20 private entities with 500 or fewer employees. Each finalist shall receive a citation describing the basis for the entity achieving status as a finalist. (b) Medal Winners.--Beginning not later than 2 years after the date of enactment of this Act, from among finalists named under subsection (a), the Director shall annually award medals under this Act to-- (1) not more than 5 private entities with more than 500 employees; and (2) not more than 5 private entities with 500 or fewer employees. (c) Distribution of Information.--(1) The Director shall distribute information about the Congressional Medal for Outstanding Contributions in Math and Science Education recipients in a timely and efficient manner (including through the use of a searchable online database) to schools, institutions of higher education, educators, parents, administrators, policymakers, researchers, public and private entities, and the general public. (2) Any entity that is a finalist or receives a medal under this section may use such information for advertising and other publicity purposes. SEC. 5. ELIGIBILITY. Eligibility to receive medals under section 4 of this Act shall be limited to private entities that-- (1) have, whether working alone or in partnership with for- profit or nonprofit entities, assisted students, teachers, administrators, or other support staff to improve student achievement in science, technology, engineering, and mathematics in a school or community; and (2) have been involved in such activities in a sustained manner for at least 2 years with at least one elementary or secondary school. SEC. 6. APPLICATION. The Director shall establish a system for accepting applications from entities seeking to be considered for a medal under this Act. Applications shall include at least two letters of support, which may come from teachers, professional support staff, administrators, professional or business organizations, local, county, or State Departments of Education, or any other category of persons as designated by the Director. Letters of support shall describe the reasons the entity deserves the medal. SEC. 7. SELECTION. In selecting entities to receive medals under this Act, the Director shall give priority consideration to evidence of improved achievement in science, technology, engineering, or mathematics by students, including improved achievement by individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b). In addition to any other criteria the Director may establish, the Director shall also consider the following: (1) Evidence of innovative approaches to increase interest in science, technology, engineering, and mathematics by students, including individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b). One measure of such evidence may be an increase in the number of students enrolled in advanced courses related to such fields. (2) Evidence of employee interaction with students or teachers to support and improve science, technology, engineering, and mathematics learning. (3) Evidence of success in positively influencing student attitudes and promoting education and career opportunities in science, technology, engineering, and mathematics. (4) Evidence of successful outreach to students, parents, and the community regarding the importance of science, technology, engineering, and mathematics education to the Nation's prosperity, job creation, and standard of living, as well as future earning potential for the individual. (5) Evidence of a strong and sustained commitment to the students and schools. SEC. 8. BIENNIAL REPORT. Section 37(a) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d(a)) is amended by striking ``By January 30, 1982, and biennially thereafter'' and inserting ``By January 30 of each odd- numbered year''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. For each of fiscal years 2005 through 2007, there are authorized to be appropriated to the National Science Foundation such sums as may be necessary for carrying out this Act, to be derived from amounts authorized by the National Science Foundation Authorization Act of 2002. Passed the House of Representatives April 21, 2004. Attest: JEFF TRANDAHL, Clerk.

Congressional Medal for Outstanding Contributions in Math and Science Education Act of 2004 - (Sec. 3) Requires the Director of the National Science Foundation (NSF) to establish a Congressional Medal for Outstanding Contributions in Math and Science Education program. (Sec. 4) Requires the Director to annually name as finalists for medals up to: (1) 20 private entities with more than 500 employees; and (2) 20 private entities with 500 or fewer employees. Requires the Director to annually award medals from among such finalists up to: (1) five private entities with more than 500 employees; and (2) five private entities with 500 or fewer employees. Requires the Director to distribute information about the Medal recipients in a timely and efficient manner (including through the use of a searchable online database) to schools, institutions of higher education, educators, parents, administrators, policy-makers, researchers, public and private entities, and the general public. Allows any entity that is a finalist or receives a medal under this section to use such information for advertising and other publicity purposes. (Sec. 5) Limits eligibility for such a medal to private entities that have: (1) whether alone or in partnership with for-profit or nonprofit entities, assisted students, teachers, administrators, or other support staff to improve student achievement in science, technology, engineering, and mathematics in a school or community; and (2) been involved in such activities in a sustained manner for at least two years with at least one elementary or secondary school. (Sec. 6) Requires the Director to establish a system for accepting applications from entities seeking to be considered for a medal under this Act. Directs that applications include at least two letters of support, which: (1) may come from teachers, professional support staff, administrators, professional or business organizations, local, county, or State Departments of Education, or any other category of persons as designated by the Director; and (2) shall describe the reasons the entity deserves the medal. (Sec. 7) Requires the Director, in selecting entities to receive medals under this Act, to give priority consideration to evidence of improved achievement in science, technology, engineering, or mathematics by students, including improved achievement by women, minorities, and persons with disabilities. Directs the Director to also consider evidence of: (1) innovative approaches to increase interest in science, technology, engineering, and mathematics by students, including women, minorities, and persons with disabilities, one measure of which may be an increase in the number of students enrolled in advanced courses related to such fields; (2) employee interaction with students or teachers to support and improve science, technology, engineering, and mathematics learning; (3) success in positively influencing student attitudes and promoting education and career opportunities in science, technology, engineering, and mathematics; (4) successful outreach to students, parents, and the community regarding the importance of science, technology, engineering, and mathematics education to the Nation's prosperity, job creation, and standard of living, as well as future earning potential for the individual; and (5) strong and sustained commitment to the students and schools. (Sec. 8) Amends the Science and Engineering Equal Opportunities Act to change the deadline for submission to Congress of the NSF report on women and minorities in science and engineering from even-numbered to odd-numbered years. (Sec. 9) Authorizes appropriations to NSF.

To establish the Congressional Medal for Outstanding Contributions in Math and Science Education program to recognize private entities for their outstanding contributions to elementary and secondary science, technology, engineering, and mathematics education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agriculture Competition Enhancement Act of 2000''. SEC. 2. LIMITATION ON MERGERS. It shall be unlawful for a person in the business of purchasing livestock, poultry, or a basic agricultural commodity for wholesale resale either unprocessed or processed, to acquire directly or indirectly the voting securities or assets of any person if-- (1) the total amount of-- (A) voting securities, or assets relating to the purchasing, processing, or selling of livestock, poultry, or a basic agricultural commodity; or (B) annual net sales of such livestock, poultry, or basic agricultural commodity; of each person exceeds $1,000,000,000; and (2) the acquisition of such voting securities or such assets by the acquiring person would reduce competition so as to have a negative effect on prices paid to producers of any livestock, poultry, or basic agricultural commodities. SEC. 3. PREMERGER NOTICE REQUIREMENT. (a) Notice.--Whenever a person in the business of purchasing livestock, poultry, or a basic agricultural commodity for wholesale resale either unprocessed or processed, files a notification under section 7A of the Clayton Act (15 U.S.C. 18a), such person shall file simultaneously with the Secretary a notice in accordance with rules issued by the Secretary, that such person has filed such notification. (b) Public Comments.--The Secretary shall-- (1) publish promptly in the Federal Register a copy of each notice received under subsection (a), (2) accept public comments on the proposed merger described in such notice, and (3) consider as part of the review required by subsection (c), such comments timely received. (c) Review.--Not later than 30 days after receiving a notice filed under subsection (a), the Secretary shall-- (1) review the proposed acquisition described in such notice; (2) determine-- (A) the probable effects such acquisition would have on the prices paid to producers of any livestock, poultry, or basic agricultural commodities who sell to, buy from, or bargain with 1 or more of the persons involved in the proposed acquisition; and (B) whether such acquisition would-- (i) result in significantly increased market power for any of such persons; and (ii) increase the potential for anticompetitive or predatory pricing conduct by any of such persons; (3) prepare a report containing-- (A) the detailed findings made by the Secretary as a result of such review and such determination; and (B) an economic analysis of the Secretary regarding whether such acquisition may substantially lessen competition or tend to create a monopoly; and (4) transmit to the Office of Special Counsel for Agriculture, and shall publish in the Federal Register, simultaneously, a copy of such report. SEC. 4. ENFORCEMENT PROVISIONS. Sections 4B, 4C, 4E, 4F, 4G, 4H, 12, 13, 15, and 16 of the Clayton Act (15 U.S.C. 15b, 15c, 15e, 15f, 15g, 15h, 22, 23, 25, 26a) shall apply with respect to a violation of section 2 in the same manner as such sections apply with respect to a violation of the antitrust laws. SEC. 5. SPECIAL COUNSEL FOR AGRICULTURE. (a) Establishment of Office.--The Attorney General shall establish in the Department of Justice an Office of Special Counsel for Agriculture that shall handle agricultural antitrust issues and related matters, as determined by the Attorney General. (b) Appointment.--The Special Counsel for Agriculture may be appointed by the Attorney General only after the expiration of the 30- day period beginning on the date the Attorney General publishes in the Federal Register the name of the individual proposed to be appointed and requests public comment with respect to the appointment of such individual. SEC. 6. GAO STUDY. (a) In General.--The Comptroller General shall conduct a study and make findings and recommendations with respect to-- (1) whether the Grain Inspection, Packers and Stockyard Administration needs additional resources in order to expand its capability to monitor and investigate the competitive implications of structural changes and practices in the meat packing industry; and (2) whether there are disparities in the Grain Inspection, Packers and Stockyard Administration's administrative authority with regard to the poultry, beef, and pork industries. (b) Report.--The Comptroller General shall submit a report to Congress on the study, findings, and recommendations required by subsection (a) not later than 1 year after the date of enactment of this Act. SEC. 7. DEFINITIONS. For purposes of this Act-- (1) the term ``antitrust laws'' has the meaning given such term in subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12(a)), (2) the term ``basic agricultural commodity'' means corn, wheat, or soybeans, (3) the term ``livestock'' means cattle, sheep, goats, swine, or equine animals used for food or in the production of food, (4) the term ``person'' has the meaning given such term in subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12(a)), (5) the term ``poultry'' means chickens, turkeys, ducks, geese, or other domestic fowl used for food or in the production of food, and (6) the term ``Secretary'' means the Secretary of Agriculture.

(Sec. 3) Requires such a purchaser filing a premerger notice under the Clayton Act to also file with the Secretary of Agriculture. Provides for: (1) public comment; and (2) review by the Secretary respecting such action's anticompetitive effects. (Sec. 4) Subjects such actions to specified enforcement provisions of the Clayton Act. (Sec. 5) Directs the Attorney General to establish in the Department of Justice an Office of Special Counsel for Agriculture to handle agricultural antitrust issues. (Sec. 6) Directs the Comptroller General to conduct a study respecting whether: (1) the Grain Inspection, Packers and Stockyard Administration needs additional resources to monitor and investigate the competitive implications of meat packing industry practices; and (2) disparities exist in the Administration's authority respecting the poultry, meat, and pork industries.

Agriculture Competition Enhancement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Wetlands Conservation Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) according to the United States Fish and Wildlife Service, approximately 170,200,000 acres of wetlands existed in Alaska in the 1780s and approximately 170,000,000 acres of wetlands exist now, representing a loss of less than one-tenth of 1 percent through human and natural processes; (2) according to the United States Fish and Wildlife Service more than 221,000,000 acres of wetlands existed at the time of Colonial America in the area that is now the contiguous United States and that 117,000,000 of those acres, roughly 53 percent, have been filled, drained, or otherwise removed from wetland status; (3) Alaska contains more wetlands than all of the other States combined; (4) 88 percent of Alaska's wetlands are publicly owned, while only 26 percent of the wetlands in the 48 contiguous States are publicly owned; (5) approximately 98 percent of all Alaskan communities, including 200 of the 209 remote villages in Alaska, are located in or adjacent to wetlands; (6) approximately 62 percent of all federally designated wilderness lands, 70 percent of all Federal park lands, and 90 percent of all Federal refuge lands are located in Alaska, thus providing protection against use or degradation to approximately 60,000,000 acres of wetlands in Alaska; (7) 104,000,000 acres of land were granted to the State of Alaska at statehood for purposes of economic development; (8) approximately 43,000,000 acres of land were granted to Alaska Natives through regional and village corporations and Native allotments for their use and between 45 percent and 100 percent of each Native corporation's land is categorized as wetlands; (9) development of basic community infrastructure in Alaska, where approximately 75 percent of the nonmountainous areas are wetlands, is often delayed and sometimes prevented by the existing wetlands regulatory program, with minimal identifiable environmental benefit; (10) the 1899 Rivers and Harbors Act formerly regulated disposition of dredge spoils in navigable waters, which did not include wetlands, to keep navigable waters free of impairments; (11) the 1972 Federal Water Pollution Control Act, more commonly known as the Clean Water Act, formed the basis for a broad expansion of Federal jurisdiction over wetlands by modifying the definition of ``navigable waters'' to include all ``waters of the United States''; (12) in 1975, a United States district court ordered the Army Corps of Engineers to publish revised regulations concerning the program to implement section 404 of the Clean Water Act, which expanded the scope of the program to include the discharge of dredged and fill material into wetlands; (13) the wetlands regulatory program was expanded yet again by regulatory action to include isolated wetlands (wetlands that are not adjacent to navigable waters), and such an expansion formed the basis for burdensome intrusions on the property rights of Alaskans, Alaskan Native Corporations, and the State of Alaska; (14) expansion of the wetlands regulatory program in this manner is beyond what the Congress intended when it passed the Clean Water Act and has placed unnecessary economic and administrative burdens on private property owners, small businesses, city governments, State governments, farmers, ranchers, and others, while providing negligible environmental benefits; (15) for Alaska, a State with substantial conserved wetlands and less than 1 percent private, noncorporate land ownership, the burdens of the current wetlands regulatory program unnecessarily inhibit reasonable community growth and environmentally benign resource development; (16) Alaska villages, municipalities, boroughs, city governments, and Native organizations are increasingly frustrated with the constraints of the wetlands regulatory program because it interferes with the location of community centers, airports, sanitation systems, roads, schools, industrial areas, and other critical community infrastructure; (17) policies intended to achieve ``no net loss'' of wetlands reflect a response to the 53 percent loss of the wetlands base in the 48 contiguous States, and do not take into account the large percentage of conserved wetlands in Alaska; and (18) individual landowners in Alaska have lost up to 97 percent of their property value and Alaskan communities have lost a significant portion of their tax base due to wetlands regulations. SEC. 3. AMENDMENTS TO THE FEDERAL WATER POLLUTION CONTROL ACT. (a) National Policy.--Section 101(a) of the Federal Water Pollution Control Act (33 U.S.C. 1251(a)) is amended by-- (1) striking ``and'' at the end of paragraph (6); (2) striking the period at the end of paragraph (7) and inserting in lieu thereof a semicolon; and (3) adding at the end the following new paragraphs: ``(8) it is the national policy to (A) achieve a balance between wetlands conservation and adverse economic impacts on local, regional, and private economic interests, and (B) eliminate the regulatory taking of private property by the regulatory program authorized under section 404; ``(9) it is the national policy to encourage localized wetlands planning (without mandating such planning and by providing funds to facilitate such planning), and to allow greater flexibility for the issuance of wetlands permits in States with substantial conserved wetlands; and ``(10) it is the national policy that compensatory mitigation under section 404 for the development of wetlands in a State with substantial conserved wetlands shall not be required, requested, or otherwise utilized to offset impacts to such wetlands.''. (b) Discharge Permits.--Section 404(b) of the Federal Water Pollution Control Act (33 U.S.C. 1344(b)) is amended by inserting after the period at the end the following new sentence: ``Notwithstanding the preceding sentence, such guidelines with respect to disposal sites in any State with substantial conserved wetlands-- ``(A) shall not require mitigation to compensate for wetlands loss and adverse impacts to wetlands; ``(B) may include reasonable requirements for the minimization of adverse impacts to wetlands; and ``(C) may include reasonable requirements for the avoidance of impacts, but may not require the permit applicant to establish that alternative sites do not exist.''. (c) General Permits.--Section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 1344(e)) is amended by inserting at the end the following new paragraph: ``(3) Notwithstanding the requirements of paragraphs (1) and (2), at the request of a State with substantial conserved wetlands, the Secretary shall issue a general permit on a Statewide basis for any category of activities in such State. Any such permit shall apply to the discharge of dredged or fill material into disposal sites that are up to, at a minimum, 10 acres in size, and may not contain guidelines for disposal sites that are more stringent than the guidelines for such sites in that State under subsection (b).''. (d) Nonprohibited Discharges.--Section 404(f)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)(1)) is amended by-- (1) striking the comma at the end of subparagraph (F) and inserting in lieu thereof a semicolon; and (2) adding at the end the following new subparagraph: ``(G) in a State with substantial conserved wetlands-- ``(i) associated with airport safety (ground and air); ``(ii) for the construction and maintenance of log transfer facilities relating to log transportation activities; ``(iii) for the construction of tailings impoundments utilized for treatment facilities (as determined by the development document) for the mining subcategory for which the tailings impoundments are constructed; and ``(iv) for the construction of ice pads and ice roads and for the purposes of snow storage and removal,''. (e) Definitions.--Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), as amended, is amended further by adding at the end the following new subsections: ``(u) Definitions.--For purposes of this section-- ``(1) the term `conserved wetlands' means wetlands that are located in the National Park System, National Wildlife Refuge System, National Wilderness System, the Wild and Scenic River System, and other similar Federal conservation systems, as well as wetlands located in comparable types of conservation systems established under State or local authority; ``(2) the term `economic base lands' means lands conveyed to, selected by, or owned by Alaska Native entities pursuant to the Alaska Native Claims Settlement Act Public Law 92-203), as amended, or the Alaska Native Allotment Act of 1906 (34 Stat. 197), as amended, and lands conveyed to, selected by, or owned by, the State of Alaska pursuant to the Alaska Statehood Act (Public Law 85-508), as amended; and ``(3) the term `State with substantial conserved wetlands' means any State which-- ``(A) contains at least 15 acres of conserved wetlands for each acre of wetlands filled, drained, or otherwise converted within such State (based upon wetlands loss statistics reported in the 1990 United States Fish and Wildlife Service Wetlands Trends report to Congress entitled `Wetlands Losses in the United States 1780's to 1980's'); or ``(B) the Secretary of the Army determines has sufficient conserved wetlands to provide adequate wetlands conservation in such State, based on the policies set forth in this Act. ``(v) Alaska Native and State of Alaska Land Exceptions.-- ``(1)(A) Notwithstanding subsections (a) or (b), upon application by the holder of economic base lands, the Secretary shall issue a permit for the discharge of dredged or fill material into the navigable waters at a disposal site on such lands if such discharge complies with reasonable guidelines established by the Secretary under this subsection. The guidelines established by the Secretary under this subsection may be no more stringent than the guidelines established under subsection (b) for disposal sites in a State with substantial conserved wetlands, and must take into consideration the requirements of subparagraph (B). ``(B) In considering the requirements otherwise applicable under subsections (a) and (b) for use in guidelines applicable to permits issued under this paragraph, the Secretary shall-- ``(i) balance the standards and policies of this Act against the obligations of the United States to allow economic base lands to be beneficially used to create and sustain economic activity; ``(ii) with respect to Alaska Native lands, give substantial weight to the social and economic needs of Alaska Natives; and ``(iii) consider the abundance and value of conserved wetlands in the State in which such economic base lands are found. ``(2) The Secretary shall issue general permits under subsection (e)(1) for categories of activities on economic base lands relating to the development of rural Alaska community infrastructure (including water and sewer systems, airports, roads, communication sites, fuel storage sites, landfills, housing, hospitals, medical clinics, and schools) without determining whether or not such activities will cause only minimal adverse environmental effects when performed separately, or whether or not such activities will have only minimal cumulative adverse effects on the environment. ``(3) The Secretary shall consult with and provide assistance to Alaska Natives (including Alaska Native Corporations) and the State of Alaska regarding promulgation and administration of policies and regulations under this section.''.

Alaska Wetlands Conservation Act - Amends the Federal Water Pollution Control Act to provide that specified guidelines for disposal sites for the discharge of dredged and fill material into navigable waters for States with substantial conserved wetlands areas: (1) shall not require mitigation to compensate for wetlands loss and adverse impacts to wetlands; (2) may include requirements for minimization of such adverse impacts; and (3) may include requirements for avoidance of impacts but may not require the permit applicant to establish that upland alternative sites do not exist. Directs the Secretary of the Army, at the request of a State with substantial conserved wetlands areas, to issue a general permit for such State which applies to the discharge of dredged or fill material into disposal sites of at least ten acres, and may not contain guidelines for disposal sites that are more stringent than the guidelines described above. Includes as a nonprohibited discharge of dredged or fill material in a State with substantial conserved wetlands any discharge: (1) associated with airport safety; (2) for the construction and maintenance of log transfer facilities; (3) for the construction of tailings impoundments utilized for treatment facilities; and (4) for construction of ice pads and ice roads and for snow storage and removal purposes. Requires the Secretary to issue a permit for the discharge of dredged or fill material into the navigable waters at a disposal site if such discharge complies with reasonable guidelines established by the Secretary. Directs the Secretary, for permits issued for economic base lands (specified lands conveyed to or owned by Alaska Native entities or the State of Alaska), to: (1) balance the standards and policies of this Act against U.S. obligations to allow such lands to be used to create and sustain economic activity; (2) give substantial weight to the social and economic needs of Alaska Natives; and (3) consider the abundance and value of conserved wetlands in the State in which such economic base lands are found. Directs the Secretary to issue general permits for categories of activities on economic base lands relating to the development of rural Alaskan community infrastructure without determining whether such activities will: (1) cause only minimal adverse environmental effects when performed separately; or (2) have only minimal cumulative adverse effects on the environment.

Alaska Wetlands Conservation Act