FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Driver Licensing and Education Improvement Act of 2005''. SEC. 2. DRIVER LICENSING AND EDUCATION. (a) National Driver Licensing and Education Improvement Program.-- Section 105 of title 49, United States Code, is amended by adding at the end the following: ``(f)(1) There is established, within the National Highway Traffic Safety Administration, the National Driver Licensing and Education Improvement Program. ``(2) The National Driver Licensing and Education Improvement Program shall-- ``(A) provide States with services for coordinating the motor vehicle driver education and licensing programs of the States; ``(B) develop, and make available to the States, a cooperatively developed, research-based model for novice driver motor vehicle driver education and graduated licensing that incorporates the best practices in driver education and graduated licensing; ``(C) carry out such research and undertake such other activities that the Administrator determines appropriate to develop and continually improve the model described in subparagraph (B); ``(D) provide States with voluntary technical assistance for the implementation and deployment of the model described in subparagraph (B) through pilot programs and other means; ``(E) develop and recommend to the States methods for harmonizing the presentation of motor vehicle driver education and licensing with the requirements of multistage graduated licensing systems, including systems described in section 410(b)(1)(D) of title 23, and to demonstrate and evaluate the effectiveness of those methods in selected States; ``(F) develop programs identifying best practices for the certification of driver education instructors; ``(G) provide States with financial assistance under section 412 of title 23 for-- ``(i) the implementation of the motor vehicle driver education and licensing comprehensive model recommended under subparagraph (B); ``(ii) the establishment or improved administration of multistage graduated licensing systems; and ``(iii) the support of other improvements in motor vehicle driver education and licensing programs; ``(H) evaluate the effectiveness of the comprehensive model recommended under subparagraph (B); and ``(I) perform such other functions relating to motor vehicle driver education or licensing as the Secretary may require. ``(3) Not later than 3 years after the date of enactment of the Driver Licensing and Education Improvement Act of 2005, the Administrator shall submit to Congress a report on the progress made by the National Driver Licensing and Education with respect to the functions described in paragraph (2).''. (b) Grant Program for Improvement of Driver Education and Licensing.-- (1) Authority.--Chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 412. Driver education and licensing ``(a) Authority.-- ``(1) In general.--The Secretary shall establish a program to provide grants to States to-- ``(A) improve motor vehicle driver education programs; and ``(B) establish and improve the administration of graduated licensing systems, including systems described in section 410(b)(1)(D). ``(2) Program administration.--The Secretary shall administer the program established under this section through the National Driver Licensing and Education Improvement Program. ``(b) Rulemaking.-- ``(1) Eligibility requirements.--Not later than 18 months after the date of enactment of this section, the Secretary shall issue regulations, which describe the eligibility requirements, application and approval procedures and standards, and authorized uses of grant funds awarded under this section. ``(2) Use of funds.--The regulations issued under this subsection shall authorize the use of grant funds-- ``(A) for quality assurance testing, including followup testing to monitor the effectiveness of-- ``(i) driver licensing and education programs; ``(ii) instructor certification testing; and ``(iii) other statistical research designed to evaluate the performance of driver education and licensing programs; ``(B) to improve motor vehicle driver education curricula; ``(C) to train instructors for motor vehicle driver education programs; ``(D) to test and evaluate motor vehicle driver performance; ``(E) for public education and outreach regarding motor vehicle driver education and licensing; and ``(F) to improve State graduated licensing programs and carry out related enforcement activities. ``(3) Consultation requirement.--In prescribing regulations under this subsection, the Secretary shall consult with-- ``(A) the heads of such Federal departments and agencies as the Secretary considers appropriate on the basis of relevant interests or expertise; ``(B) appropriate officials of the governments of States and political subdivisions of States; and ``(C) other experts and organizations recognized for expertise, with respect to novice drivers, in-- ``(i) graduated driver licensing; ``(ii) publicly administered driver education; or ``(iii) privately administered driver education. ``(c) Matching Requirement.--The amount of grant funds awarded for a program, project, or activity under this section may not exceed 75 percent of the total cost of such program, project, or activity. ``(d) Prohibited Activities.--Grant funds provided to States under this section may not be used to finance-- ``(1) the day-to-day operational expenses, including employee salaries and facilities costs, of publicly or privately administered driver education programs; or ``(2) the activities described in subparagraphs (A) through (C) of subsection (b)(2) in fiscal year 2006 or 2007.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``412. Driver education and licensing.''. (c) Study of National Driver Education Standards.-- (1) Requirement for study.--The Secretary of Transportation shall conduct a study to determine whether the establishment and imposition of nationwide minimum standards of motor vehicle driver education would improve national highway traffic safety or the performance and legal compliance of novice drivers. (2) Time for completion of study.--The Secretary shall complete the study not later than 2 years after the date of enactment of this Act. (3) Report.--The Secretary shall publish a report on the results of the study under this section not later than 2 years after the study is completed. (d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated $25,000,000 for each of the fiscal years 2006 through 2010 to carry out section 412 of title 23, United States Code, as added by subsection (b). (2) Availability.--Funds appropriated pursuant to paragraph (1) for fiscal years 2006 and 2007 may be used for the National Driver Licensing and Education Improvement Program established under section 105(f) of title 49, United States Code. (e) Grants for Support of Alcohol-Impaired Driving Countermeasures.-- (1) Revised eligibility requirements.--Section 410(b)(1)(D) of title 23, United States Code, is amended to read as follows: ``(D) Graduated licensing system.--A multiple-stage graduated licensing system for young drivers that-- ``(i) authorizes the issuance of an initial license or learner's permit to a driver on or after the driver's 16th birthday; ``(ii) makes it unlawful for a person under age 21 to operate a motor vehicle with a blood alcohol concentration of .02 percent or greater; ``(iii) provides for a learning stage of at least 6 months and an intermediate stage of at least 6 months; and ``(iv) applies the following restrictions and features to the stages described in clause (iii) and to such other stage or stages as may be provided under State law: ``(I) A restriction that not more than 2 passengers under age 18 may occupy a vehicle while it is being operated by a young driver. ``(II) Nighttime driving restrictions applicable, at a minimum, during the hours between 10:00 p.m. and 5:00 a.m. ``(III) Special penalties (including delays in progression through the stages of the graduated licensing system) for violations of restrictions under the system and violations of other State laws relating to operation of motor vehicles.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect 1 year after the date of enactment of this Act.

Driver Licensing and Education Improvement Act of 2005 - Amends Federal transportation law to establish the National Driver Licensing and Education Improvement Program in the National Highway Traffic Safety Administration. Requires the Program, among other things, to provide States with services for coordinating State motor vehicle driver education and licensing programs. Amends Federal highway law to direct the Secretary of Transportation to provide grants to States to: (1) improve motor vehicle driver education programs; and (2) establish and improve the administration of graduated licensing systems. Directs the Secretary to conduct a study to determine whether the establishment and imposition of nationwide minimum standards of motor vehicle driver education would improve national highway traffic safety or the performance and legal compliance of novice drivers. Modifies eligibility requirements for grants for support of alcohol-impaired driving countermeasures to require a multiple-stage graduated licensing system for young drivers that: (1) authorizes the issuance of an initial license or learner's permit to a driver on or after the driver's 16th birthday; (2) prohibits a person under age 21 with a blood alcohol concentration of .02 percent or greater from operating a motor vehicle; (3) provides for a learning stage and an intermediate stage of at least six months each; (4) limits the numbers of passengers under the age of 18 years old; (5) limits nighttime driving, and (6) applies special penalties for violations of system restrictions and of other State motor vehicle laws.

A bill to improve driver licensing and education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Loan Securitization and Secondary Market Enhancement Act of 1993''. SEC. 2. SMALL BUSINESS RELATED SECURITY. (a) Definition.--Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended by adding at the end the following new paragraph: ``(53)(A) The term `small business related security' means a security that is rated in 1 of the 4 highest rating categories by at least 1 nationally recognized statistical rating organization, and either-- ``(i) represents an interest in 1 or more promissory notes evidencing the indebtedness of a small business and originated by an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act), credit union, insurance company, or similar institution which is supervised and examined by a Federal or State authority; or ``(ii) is secured by an interest in 1 or more promissory notes (with or without recourse to the issuer) and provides for payments of principal in relation to payments, or reasonable projections of payments, on notes meeting the requirements of subparagraph (A). ``(B) For purposes of this paragraph-- ``(i) an interest in a promissory note includes ownership rights, certificates of interest or participation in such notes, and rights designed to assure servicing of such notes, or the receipt or timely receipt of amounts payable under such notes; and ``(ii) a small business is a business that meets the criteria for a `small business concern' established under section 3(a) of the Small Business Act.''. (b) Conforming Amendment.--Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended by redesignating paragraph (51) defining the term ``foreign financial regulatory authority'' as paragraph (52) and inserting such paragraph after paragraph (51), defining the term ``penny stocks''. SEC. 3. APPLICABILITY OF MARGIN REQUIREMENTS. Section 7(g) of the Securities Exchange Act of 1934 (15 U.S.C. 78g(g)) is amended by inserting ``or a small business related security'' after ``mortgage related security''. SEC. 4. BORROWING IN THE COURSE OF BUSINESS. Section 8(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78h(a)) is amended in the last sentence by inserting ``or a small business related security'' after ``mortgage related security''. SEC. 5. SMALL BUSINESS RELATED SECURITIES AS COLLATERAL. Clause (ii) of section 11(d)(1) of the Securities Exchange Act of 1934 (15 U.S.C. 78k(d)(1)) is amended by inserting ``or any small business related security'' after ``mortgage related security''. SEC. 6. INVESTMENT BY DEPOSITORY INSTITUTIONS. (a) Home Owners' Loan Act Amendment.--Section 5(c)(1) of the Home Owners' Loan Act (12 U.S.C. 1464(c)(1)) is amended by adding at the end the following new subparagraph: ``(S) Small business related securities.-- Investments in small business related securities (as defined in section 3(a)(53) of the Securities Exchange Act of 1934), subject to such regulations as the Director may prescribe, including regulations concerning the minimum size of the issue (at the time of the initial distribution) or minimum aggregate sales price, or both.''. (b) Credit Unions.--Section 107(15) of the Federal Credit Union Act (12 U.S.C. 1757(15)) is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B), by inserting ``or'' at the end; and (3) by adding at the end the following new subparagraph: ``(C) are small business related securities (as defined in section 3(a)(53) of the Securities Exchange Act of 1934), subject to such regulations as the Board may prescribe, including regulations prescribing the minimum size of the issue (at the time of the initial distribution) or minimum aggregate sales price, or both;''. (c) National Banking Associations.--Section 5136 of the Revised Statutes (12 U.S.C. 24) is amended in the last sentence in the first full paragraph of paragraph Seventh by striking ``or (B) are mortgage'' and inserting the following: ``(B) are small business related securities (as defined in section 3(a)(53) of the Securities Exchange Act of 1934); or (C) are mortgage''. SEC. 7. PREEMPTION OF STATE LAW. (a) In General.--Section 106(a)(1) of the Secondary Mortgage Market Enhancement Act of 1984 (15 U.S.C. 77r-1(a)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) small business related securities (as defined in section 3(a)(53) of the Securities Exchange Act of 1934), or''. (b) Obligations of the United States.--Section 106(a)(2) of the Secondary Mortgage Market Enhancement Act of 1984 (15 U.S.C. 77r- 1(a)(2)) is amended-- (1) by striking ``or'' at the end of subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) small business related securities (as defined in section 3(a)(53) of the Securities Exchange Act of 1934), or''. (c) Preemption of State Laws.--Section 106(c) of the Secondary Mortgage Market Enhancement Act of 1984 (15 U.S.C. 77r-1(c)) is amended-- (1) in the first sentence, by striking ``or that'' and inserting ``, that''; (2) by inserting ``, or that are small business related securities (as defined in section 3(a)(53) of the Securities Exchange Act of 1934)'' before ``shall be exempt''; and (3) by adding at the end the following new subsection: ``(d) Implementation.-- ``(1) Limitation.--The provisions of subsections (a) and (b) concerning small business related securities shall not apply with respect to a particular person, trust, corporation, partnership, association, business trust, or business entity or class thereof in any State that, prior to the expiration of 7 years after the date of enactment of this Act, enacts a statute that specifically refers to this section and either prohibits or provides for a more limited authority to purchase, hold, or invest in small business related securities by any person, trust, corporation, partnership, association, business trust, or business entity or class thereof than is provided in such amendments. The enactment by any State of any statute of the type described in the preceding sentence shall not affect the validity of any contractual commitment to purchase, hold, or invest that was made prior to such enactment, and shall not require the sale or other disposition of any small business related securities acquired prior to the date of such enactment. ``(2) Enactment of state provisions.--Any State may, not later than 7 years after the date of enactment of this Act, enact a statute that specifically refers to this section and requires registration or qualification of any small business related securities on terms that differ from those applicable to any obligation issued by the United States.''. SEC. 8. INSURED DEPOSITORY INSTITUTION CAPITAL REQUIREMENTS FOR TRANSFERS OF SMALL BUSINESS LOANS AND INVESTMENTS IN SMALL BUSINESS RELATED SECURITIES. (a) Accounting Principles.--The accounting principles applicable to the transfer of a small business loan with recourse contained in reports or statements required to be filed with the appropriate Federal banking agencies by all insured depository institutions shall be uniform and consistent with generally accepted accounting principles. (b) Capital Requirements.--The amount of capital required to be maintained by an insured depository institution under applicable capital standards and other capital measures with respect to the sale of a small business loan with recourse, as reported under subsection (a), shall not exceed an amount sufficient to meet the institution's reasonable estimated liability under the recourse arrangement. (c) Investments in Small Business Related Securities.--A small business related security shall be treated as a similarly rated mortgage-backed security under the risk-based capital requirement applicable to insured depository institutions. (d) Regulations Required.--Not later than 180 days after the date of enactment of this Act, each appropriate Federal banking agency shall promulgate final regulations implementing this section not later than 180 days after the date of enactment of this Act. (e) Definitions.--For purposes of this section-- (1) the term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act; (2) the term ``capital standards'' has the same meaning as in section 38(c) of the Federal Deposit Insurance Act; (3) the term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act; (4) the term ``other capital measures'' has the same meaning as in section 38(c) of the Federal Deposit Insurance Act; (5) the term ``recourse'' shall have the meaning given such term under generally accepted accounting principles; (6) the term ``small business'' means a business that meets the criteria for a small business concern established under section 3(a) of the Small Business Act; and (7) the term ``small business related security'' has the same meaning as in section 3(a)(53) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(53). SEC. 9. TRANSACTIONS IN SMALL BUSINESS RELATED SECURITIES BY EMPLOYEE BENEFIT PLANS. (a) Prohibited Transaction Exemption.--The Secretary of Labor, in consultation with the Secretary of the Treasury, shall exempt transactions involving small business related securities (as defined in section 3(a)(53) of the Securities Exchange Act of 1934 (as added by section 2 of this Act)), either unconditionally or on stated terms and conditions, from the restrictions of sections 406 and 407 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1106, 1107) and the taxes imposed under section 4975 of the Internal Revenue Code of 1986 (26 U.S.C. 4975). (b) Conditions.--In providing for the exemption required under subsection (a) the Secretary of Labor shall consider-- (1) the importance of facilitating transactions in small business related securities; and (2) the necessity of imposing any term or condition to protect the rights and interests of participants and beneficiaries of such plan. (c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall promulgate final regulations to carry out subsection (a). SEC. 10. TAXATION OF SMALL BUSINESS LOAN INVESTMENT CONDUITS. (a) Taxation Similar to REMIC.--The Secretary of the Treasury shall promulgate regulations providing for the taxation of a small business loan investment conduit and the holder of an interest therein similar to the taxation of a real estate mortgage investment conduit and the holder of interests therein under the Internal Revenue Code of 1986. (b) Adjustment to REMIC Provisions.--In promulgating regulations under subsection (a), the Secretary shall make any necessary adjustments to the real estate mortgage investment conduit provisions to take into consideration-- (1) the purpose of facilitating the securitization of small business loans through the use of small business loan investment conduits and the development of a secondary market in small business loans; (2) differences in the nature of qualifying mortgages in a real estate mortgage investment conduit and small business loans and obligations; and (3) differences in the practices of participants in the securitization of real estate mortgages in a real estate mortgage investment conduit and the securitization of other assets. (c) Small Business Loan Investment Conduit Defined.--For purposes of this section, the term ``small business loan investment conduit'' means-- (1) any entity substantially all of the assets of which consist of any obligation (including any participation or certificate of beneficial ownership therein) of a business that meets the criteria for a small business concern established under section 3(a) of the Small Business Act; and (2) if such obligation was originated by an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act), credit union, insurance company, or similar institution which is supervised and examined by an appropriate Federal or State authority.

Small Business Loan Securitization and Secondary Market Enhancement Act of 1993 - Amends the Securities Exchange Act of 1934 to define a "small business related security" (SBRS) as generally a high rated security that represents and is secured by promissory notes evidencing and that provides for payments of principal in relation to payments on the notes. Provides that SBRSs shall be exempt from: (1) certain restrictions in the margin and securities delivery rules; (2) certain restrictions on borrowing on securities by and lending among, brokers, dealers, and other members of national securities exchanges; and (3) certain prohibitions on the extension of credit by members of exchanges, brokers, and dealers against a security which was part of a new issue. Amends the Home Owners' Loan Act, the Federal Credit Union Act, and related statutes to allow banks, credit unions, and other depository institutions to invest in SBRSs. Amends the Secondary Mortgage Market Enhancement Act of 1984 to: (1) authorize any U.S. person or entity to invest in SBRS, to the same extent such person is authorized to invest in U.S. obligations issued; and (2) exempt SBRSs from any State law's security registration and qualification to the same extent that U.S. securities are so exempt. Provides for States to enact provisions prescribing specific requirement for SBRSs. Requires the accounting principles applicable to the transfer of a small business loan with recourse contained in reports or statements required by appropriate Federal banking agencies to be uniform and consistent with generally accepted accounting principles. Prohibits the amount of capital required to be maintained by a depository institution with respect to the sale of a small business loan with recourse from exceeding an amount sufficient to meet the institution's reasonable estimated liability under the recourse arrangement. Requires an SBRS to be treated as a mortgage-backed security under the risk-based capital requirements applicable to insured depository institutions. Directs the Secretary of Labor to exclude transactions involving SBRSs from certain restrictions and taxes imposed on "prohibited transactions" under the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (thereby allowing pension fund managers to participate in the pooling and packaging of small business loans for sale as securities). Requires the Secretary of the Treasury to promulgate regulations providing for the taxation of a small business loan investment conduit and the holder of an interest therein in a manner similar to the taxation of a real estate mortgage investment conduit and the holder of an interest therein under the Internal Revenue Code.

Small Business Loan Securitization and Secondary Market Enhancement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antitrust Improvements Act of 1998''. SEC. 2. PURPOSE. The purpose of this Act is to enhance the authority of the Attorney General to prevent certain mergers and acquisitions that would unreasonably limit competition in the telecommunications industry in any case in which certain Federal requirements that would enhance competition are not met. SEC. 3. RESTRAINT OF TRADE. The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the end the following new section: ``SEC. 27. RESTRAINT OF TRADE REGARDING TELECOMMUNICATIONS. ``(a) Large Local Telephone Company Defined.--In this section, the term `large local telephone company' means a local telephone company that, as of the date of a proposed merger or acquisition covered by this section, serves more than 5 percent of the telephone access lines in the United States. ``(b) Restraint of Trade Regarding Telecommunications.-- Notwithstanding any other provision of law, a large local telephone company, including any affiliate of such a company, shall not merge with or acquire a controlling interest in another large local telephone company unless-- ``(1) the Attorney General finds that the proposed merger or acquisition will promote competition for telephone exchange services and exchange access services; and ``(2) the Federal Communications Commission finds that each large local telephone company that is a party to the proposed merger or acquisition, with respect to at least \1/2\ of the access lines in each State served by that company, of which at least \1/2\ are residential access lines, has fully implemented the requirements of sections 251 and 252 of the Communications Act of 1934 (47 U.S.C. 251, 252), including the regulations of the Commission and of the States that implement those requirements. ``(c) Report of the Attorney General.--Not later than 10 days after the Attorney General makes a finding described in subsection (b)(1), the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the finding, including an analysis of the effect of the merger or acquisition on competition in the United States telecommunications industry. ``(d) Application Process.-- ``(1) In general.--Each large local telephone company or affiliate of a large local telephone company proposing to merge with or acquire a controlling interest in another large local telephone company shall file an application with both the Attorney General and the Federal Communications Commission, on the same day. ``(2) Decisions.--The Attorney General and the Federal Communications Commission shall issue a decision regarding the application within the time period applicable to review of mergers under section 7A of this Act. ``(e) Jurisdiction of the United States Courts.-- ``(1) In general.--The district courts of the United States are vested with jurisdiction to prevent and restrain any mergers or acquisitions described in subsection (d) that are inconsistent with a finding under subsection (b) (1) or (2). ``(2) Actions.--The Attorney General may institute proceedings in any district court of the United States in the district in which the defendant resides or is found or has an agent and that court shall order such injunctive, and other relief, as may be appropriate if-- ``(A) the Attorney General makes a finding that a proposed merger or acquisition described in subsection (d) does not meet the applicable condition under subsection (b)(1); or ``(B) the Federal Communications Commission makes a finding that 1 or more of the parties to the merger or acquisition referred to in subsection (b)(2) do not meet the requirements specified in that subsection.''. SEC. 4. PRESERVATION OF EXISTING AUTHORITIES. (a) In General.--Nothing in this Act or the amendments made by this Act shall be construed to modify, impair, or supersede the applicability of the antitrust laws, or any authority of the Federal Communications Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.), with respect to mergers, acquisitions, and affiliations of large incumbent local exchange carriers. (b) Antitrust Laws Defined.--In this section, the term ``antitrust laws'' has the meaning given that term in the first section of the Clayton Act (15 U.S.C. 12). SEC. 5. APPLICABILITY. This Act and the amendments made by this Act shall apply to a merger or acquisition of a controlling interest of a large local telephone company (as that term is defined in section 27 of the Clayton Act, as added by section 3 of this Act), occurring on or after the date of enactment of this Act.

Antitrust Improvements Act of 1998 - Amends the Clayton Act to prohibit a large local telephone company (defined as a local telephone company that, as of the date of a proposed merger or acquisition (merger) covered by the Act, serves more than five percent of the telephone access lines in the United States), including any affiliate of such a company, from merging with or acquiring a controlling interest in another such company unless: (1) the Attorney General finds that the proposed merger will promote competition for telephone exchange services and exchange access services; and (2) the Federal Communications Commission (FCC) finds that each large local telephone company that is a party to the proposed merger, with respect to at least half of the access lines in each State served by that company of which at least half are residential access lines, has fully implemented requirements of the Communications Act of 1934 regarding interconnection (including duties of telecommunications and local exchange carriers) and regarding procedures for negotiation, arbitration, and approval of agreements, including FCC and State implementing regulations. Directs the Attorney General to report to specified congressional committees within ten days on the finding, including an analysis of the effect of the merger on competition in the U.S. telecommunications industry. Requires: (1) each large local telephone company or affiliate of such company proposing to merge with or acquire a controlling interest in another such company to file an application with both the Attorney General and the FCC on the same day; and (2) the Attorney General and the FCC to issue a decision regarding the application within the time period applicable to review of mergers under the Act. Vests jurisdiction in the U.S. district courts to prevent and restrain any such mergers that are inconsistent with the finding. Authorizes the Attorney General to institute proceedings in any U.S. district court in which the defendant resides, is found, or has an agent, and directs the court to order appropriate relief, if the Attorney General makes a finding that a proposed merger does not meet the applicable condition, or the FCC makes a finding that one or more of the parties to the merger do not meet specified requirements.

Antitrust Improvements Act of 1998

SECTION 1. DEFINITIONS. In this Act: (1) Church.--The term ``Church'' means the Church Universal and Triumphant. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) Specifications document.--The term ``specifications document'' means the document entitled ``Church/Forest Service Land Exchange Specifications'' agreed to by the Church and the Secretary under section 2(b)(3). SEC. 2. LAND EXCHANGE. (a) In General.--Notwithstanding any other law, if an offer is made under subsection (b), the Secretary shall acquire by exchange certain lands and interests in land owned by the Church, its successors and assigns, located in the Yellowstone Controlled Groundwater Area and Corwin Springs Known Geothermal Resource Area of the Gallatin National Forest. (b) Offer and Acceptance of Land and Interests in Land.-- (1) Non-federal lands and interests in land.--If the Church offers-- (A) title that is acceptable to the United States to all right, title, and interest to approximately 26 acres of land owned by the Church as depicted on the maps entitled ``Church/Forest Services Land Exchange Proposal'', dated July 1994; (B) all right, title, and interest to the subsurface regulated resources estate on all Church properties within the Yellowstone Controlled Groundwater Area; (C) a perpetual public access road and utility easement 60 feet wide, plus allowance for cuts and fills, over Church property to the Gallatin National Forest lands in the Cutler Homestead/Sentinel Butte area, as depicted on the maps described in subparagraph (A); and (D) other rights and covenants in accordance with the terms of the specifications document, the Secretary shall accept a warranty deed to the land described in subparagraph (A), a special warranty deed to the regulated resources described in subparagraph (B), State water rights transfer documents, and any other such instruments as are necessary to transfer the property interests described in subparagraphs (A), (B), (C), and (D). (2) Federal land and interests in land.-- (A) In general.--On acceptance by the Secretary of title to the lands, interests, and rights and covenants offered by the Church under paragraph (1)-- (i) the Secretary shall convey by patent to the Church, subject to all valid existing rights, and a reservation to the United States of all regulated resources, title to approximately 11 acres within the Gallatin National Forest, as depicted on the maps described in paragraph (1)(A); (ii) the Secretary shall convey an easement to the Church granting the right to collect and transport across Federal land the natural unenhanced surface flow at LaDuke Hot Springs from its source to the east bank of the Yellowstone River as depicted on the maps described in paragraph (1)(A), and the United States shall withdraw all of its water rights claims and objections filed with regard to LaDuke Hot Springs in pending water rights adjudications under Federal and State law; (iii) the Secretary shall grant to the Church standard Forest Service right-of-way authorizations for roads across National Forest System land as generally depicted on the maps described in paragraph (1)(A) and further defined by the specifications document; and (iv) the Secretary shall grant to the Church other rights and covenants in accordance with the terms of the specifications document. (B) Surveys.--Surveys prepared to standards approved by the Secretary shall be furnished by the Church for the affected Federal and non-Federal lands and surface interests prior to conveyance of the Federal lands and interests under subparagraph (A). (3) Specifications document.-- (A) In general.--A document entitled ``Church/ Forest Service Land Exchange Specifications'', jointly developed and agreed to by the Secretary and the Church shall define the non-Federal and Federal lands and interests to be exchanged under this Act, including legal descriptions of lands and interests in land and other terms, conditions, and covenants. (B) Limitation.--The specifications document shall not include any minimum surface flow requirements to the Yellowstone River from LaDuke Hot Springs. (C) Submission to congress.--The Secretary shall submit a copy of the completed specifications document to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives, and the specifications document shall take effect 60 days thereafter. (c) Title.-- (1) Review of title.--Within 90 days after receipt of the approved surveys and title documents from the Church, the Secretary shall review the title for the non-Federal lands described in subsection (b)(1) and determine whether-- (A) the applicable title standards for Federal land acquisition have been satisfied; and (B) all draft conveyances and closing documents have been received and approved. (2) Corrective action.--If the quality of title does not meet Federal standards or is otherwise unacceptable to the Secretary, the Secretary shall advise the Church regarding corrective actions necessary to cure title defects. (3) Conveyance of title.--The conveyance to the Church of lands described in subsection (b)(2)(A) shall be completed not later than 90 days after the Secretary approves title. SEC. 3. GENERAL PROVISIONS. (a) Correction of Errors in Maps.--The maps described in section 2(b)(1)(i) are subject to correction of any technical error in describing the lands and interests in land to be exchanged under this Act. (b) Availability for Public Inspection.--The maps described in section 2(b)(1)(i) and the specifications document shall be on file and available for public inspection in the Office of the Chief of the Forest Service, in Washington, D.C. (c) National Forest System Lands.--All lands and interests in land conveyed to the United States under this Act shall be administered in accordance with the laws (including regulations) pertaining to the National Forest System. (c) Valuation.--The value of the lands and interests in lands to be exchanged under this Act are deemed to be equal, and no appraisal shall be required.

Directs the Secretary of Agriculture to acquire by exchange certain lands in the Yellowstone Controlled Groundwater Area and Corwin Springs Known Geothermal Resource Area of the Gallatin National Forest, Montana, from the Church Universal and Triumphant.

A bill to direct the Secretary of Agriculture to make a land exchange in the State of Montana, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Return of the Lost Boys and Lost Girls of Sudan Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The 21-year civil war between the North and the South in Sudan, which ended with the signing of the Comprehensive Peace Agreement on January 9, 2005, caused many Sudanese people to flee their homes and seek refuge elsewhere in Sudan, in neighboring countries, and even in the United States. (2) Over 10,000 Sudanese boys and girls were separated from their parents during this war and fled on foot to Ethiopia, walking more than 1,000 kilometers on their four-month journey, and then fled again to Kenya to avoid forcible repatriation to Sudan. (3) These Sudanese refugees suffered tremendous hardships during their journey, and hundreds drowned, were eaten by wild animals, killed by military forces, or overcome with dehydration or starvation along the way. (4) Approximately 3,800 of these Sudanese refugees were granted priority resettlement status in the United States. These Sudanese boys and girls are commonly known as the ``Lost Boys and Lost Girls of Sudan''. (5) As is common for refugees, the Lost Boys and Lost Girls of Sudan, upon their arrival in the United States, struggled to adjust to the dramatic change in their surroundings. (6) The story of the Lost Boys and Lost Girls of Sudan has been documented in a number of books and films in the United States. (7) The Lost Boys and Lost Girls of Sudan have acquired a reputation for being a resilient and highly motivated group of individuals, with many of them gaining employment and pursuing higher education simultaneously. (8) Many Lost Boys and Lost Girls of Sudan have publicly expressed their interest in eventually returning to their homeland to contribute to reconstruction efforts following the end of the 21-year civil war in Sudan. SEC. 3. PROGRAM TO ASSIST SUDANESE REFUGEES IN THE UNITED STATES KNOWN AS THE ``LOST BOYS AND LOST GIRLS OF SUDAN'' TO VOLUNTARILY RETURN TO SOUTHERN SUDAN TO ASSIST IN RECONSTRUCTION EFFORTS IN SOUTHERN SUDAN. (a) Statement of Purpose.--It is the purpose of this section to establish a program to assist Sudanese refugees in the United States known as the ``Lost Boys and Lost Girls of Sudan'' to voluntarily return to southern Sudan to assist in reconstruction efforts in southern Sudan. (b) Program Required.--From the amount appropriated under subsection (g) for any fiscal year, the Director of Foreign Assistance shall, in accordance with subsection (c), establish and carry out a program to assist Sudanese refugees in the United States known as the ``Lost Boys and Lost Girls of Sudan'' to voluntarily return to southern Sudan to assist in reconstruction efforts in southern Sudan. (c) Eligibility Requirements.--An individual shall be eligible to participate in the program under this section if the individual-- (1) is an alien who-- (A) is a national of Sudan; (B) was admitted to the United States as a refugee under section 207 of the Immigration Nationality Act (8 U.S.C. 1157) from Kakuma refugee camp in Kenya, and identified by the Secretary of State under the worldwide refugee application processing priority system as `Priority-2' (P-2), a group of special concern to the United States; and (C) has been continuously physically present in the United States from the date of the alien's admission to the United States through the date of application for participation in the program under this section, except that the alien shall not be considered to have failed to maintain continuous physical presence by reasons of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days; and (2) commits to returning to southern Sudan for a period of not less than three years for purposes of contributing knowledge gained through higher education and professional experience in the United States to assist in reconstruction efforts in southern Sudan, as approved by the Director of Foreign Assistance for purposes of this section. (d) Award Amount.-- (1) In general.--The Director of Foreign Assistance may, from funds appropriated under subsection (g), make available amounts necessary to cover travel, lodging, living, student loan repayment, and other costs that are determined to be appropriate and associated with participation in the program under this section. (2) Award basis.--The Director of Foreign Assistance shall make payments to individuals who participate in the program under this section on a first-come first-served basis, subject to the availability of appropriations. (e) Regulations.--The Director of Foreign Assistance shall issue such regulations as may be necessary to carry out the provisions of this section. (f) Sense of Congress.--It is the sense of Congress that, in carrying out the program under this section, the Director of Foreign Assistance should-- (1) review programs similar to the program under this section, including programs carried out by the United States Agency for International Development in Sudan, the International Organization on Migration's ``Return of Talent Programme'', and any other similar or related programs for purposes of replicating best practices in the program under this section; (2) consult with the Lost Boys/Lost Girls Organization in the United States for purposes of identifying interested and eligible candidates for the program under this section; (3) seek cooperation with local and international organizations in southern Sudan to most effectively identify sectors, programs, and projects in which the talents and skills of individuals who participate in the program under this section will be most useful to reconstruction efforts in southern Sudan; and (4) seek to ensure that individuals who participate in the program under this section are permitted to retain their immigration status under United States law. (g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated to the Director of Foreign Assistance such sums as may be necessary for fiscal year 2008 and for each of the five succeeding fiscal years.

Return of the Lost Boys and Lost Girls of Sudan Act - Requires the Director of Foreign Assistance to establish and carry out a program to assist eligible Sudanese refugees in the United States known as the "Lost Boys and Lost Girls of Sudan" to voluntarily return to southern Sudan to assist in reconstruction efforts. Expresses the sense of Congress that the Director should: (1) review similar programs for purposes of replicating best practices; (2) consult with the Lost Boys/Lost Girls Organization in the United States to identify interested and eligible program candidates; (3) seek cooperation with local and international organizations in southern Sudan to identify appropriate sectors, programs, and projects; and (4) seek to ensure that program participants retain their U.S. immigration status.

To establish a program to assist Sudanese refugees in the United States known as the "Lost Boys and Lost Girls of Sudan" to voluntarily return to southern Sudan to assist in reconstruction efforts in southern Sudan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fugitive Apprehension Assistance Act of 2005''. SEC. 2. ADMINISTRATIVE SUBPOENAS TO APPREHEND FUGITIVES. (a) In General.--Chapter 49 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1075. Administrative subpoenas to apprehend fugitives ``(a) Definitions.--In this section: ``(1) Fugitive.--The term `fugitive', inter alia, means a person who-- ``(A) having been accused of committing a felony by complaint, information, or indictment under Federal law or having been convicted of committing a felony under Federal law, flees or attempts to flee from or evades or attempts to evade the jurisdiction of the court with jurisdiction over the felony; ``(B) having been accused of committing a felony by complaint, information, or indictment under State law or having been convicted of committing a felony under State law, flees or attempts to flee from, or evades or attempts to evade, the jurisdiction of the court with jurisdiction over the felony; ``(C) escapes from lawful Federal or State custody after having been accused by complaint, information, or indictment or having been convicted of committing a felony under Federal or State law; or ``(D) is in violation of subparagraph (2) or (3) of the first undesignated paragraph of section 1073. ``(2) Investigation.--The term `investigation' means, with respect to a State fugitive described in subparagraph (B) or (C) in paragraph (1), an investigation in which there is reason to believe that the fugitive fled from or evaded, or attempted to flee from or evade, the jurisdiction of the court, or escaped from custody, in or affecting, or using any facility of, interstate or foreign commerce, or as to whom an appropriate law enforcement officer or official of a State or political subdivision has requested the Attorney General to assist in the investigation, and the Attorney General finds that the particular circumstances of the request give rise to a Federal interest sufficient for the exercise of Federal jurisdiction pursuant to section 1075. ``(3) State.--The term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(b) Subpoenas and Witnesses.-- ``(1) Subpoenas.--In any investigation with respect to the apprehension of a fugitive, the Attorney General may subpoena witnesses for the purpose of the production of any records (including books, papers, documents, electronic data, and other tangible and intangible items that constitute or contain evidence) that the Attorney General finds, based on articulable facts, are relevant to discerning the whereabouts of the fugitive. A subpoena under this subsection shall describe the records or items required to be produced and prescribe a return date within a reasonable period of time within which the records or items can be assembled and made available: Provided, however, That procedures other than subpoenas shall be used to obtain documents and information from Federal agencies. ``(2) Witnesses.--The attendance of witnesses and the production of records may be required from any place in any State or other place subject to the jurisdiction of the United States at any designated place where the witness was served with a subpoena, except that a witness shall not be required to appear more than 500 miles distant from the person's residence or from the place where the witness was served. Witnesses summoned under this section shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. ``(3) Prohibitions.--Nothing in this section shall require the attendance of witnesses or the production of records whose attendance or production is otherwise prohibited by law. ``(c) Service.-- ``(1) Agent.--A subpoena issued under this section may be served by any person designated in the subpoena as the agent of service. ``(2) Natural person.--Service upon a natural person may be made by personal delivery of the subpoena to that person or by certified mail with return receipt requested. ``(3) Corporation.--Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association that is subject to suit under a common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. ``(4) Affidavit.--The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it shall be proof of service. ``(d) Contumacy or Refusal.-- ``(1) In general.--In the case of the contumacy by or refusal to obey a subpoena issued to any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction in which the investigation is carried on or of which the subpoenaed person is an inhabitant, or in which he carries on business or may be found, to compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person to appear before the Attorney General to produce records if so ordered. ``(2) Contempt.--Any failure to obey the order of the court may be punishable by the court as contempt thereof. ``(3) Process.--All process in any case to enforce an order under this subsection may be served in any judicial district in which the person may be found. ``(4) Rights of subpoena recipient.--Not later than 20 days after the date of service of an administrative subpoena under this section upon any person, or 10 days before the return date specified in the subpoena, whichever period is shorter, such person may file, in the district within which such person resides, is found, or transacts business, a petition to modify or quash such subpoena on grounds that-- ``(A) the terms of the subpoena are unreasonable or unnecessary; ``(B) the subpoena fails to meet the requirements of this section; or ``(C) The subpoena violates the constitutional rights or any other legal rights or privilege of the subpoenaed party. ``(e) Guidelines.-- ``(1) In general.--The Attorney General shall issue guidelines governing the issuance of administrative subpoenas pursuant to this section. ``(2) Review.--The guidelines required by this subsection shall mandate that administrative subpoenas may be issued only after review and approval of senior supervisory personnel, as determined by the Attorney General, of the relevant component of the Department of Justice, as the case may be. ``(f) Delayed Notice.-- ``(1) In general.--Where an administrative subpoena is issued under this section to a provider of electronic communication service, (as defined in section 2510 of this title) or remote computing service (as defined in section 2711 of this title), the Attorney General may-- ``(A) In accordance with section 2705(a) of this title, delay notification to the subscriber or customer to whom the record pertains; and ``(B) apply to a court, in accordance with section 2705(b) of this title for an order commanding the provider of electronic communication service or remote computing service not to notify any other person of the existence of the subpoena or court order. ``(2) Subpoenas for financial records.--If a subpoena is issued under this section to a financial institution for financial records of any customer of such institution, the Attorney General may apply to a court under section 1109 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3409) for an order to delay customer notice as otherwise required. ``(3) Nondisclosure requirements.-- ``(A) In general.--Except as otherwise provided in paragraphs (1) and (2), the court may require the party to whom an administrative subpoena is directed to refrain from notifying any other party or person of the existence of the subpoena for 30 days. ``(B) Extension.--The Attorney General may apply to a court for an order extending the time for such period as the court deems appropriate. ``(C) Criteria for extension.--The court shall enter an order under paragraph (2) if it determines that there is reason to believe that notification of the existence of the administrative subpoena will result in-- ``(i) endangering the life or physical safety of an individual; ``(ii) flight from prosecution or custody or confinement after conviction; ``(iii) destruction or tampering with evidence; ``(iv) intimidation of potential witnesses; or ``(v) otherwise seriously jeopardizing an investigation or undue delay in trial. ``(g) Immunity From Civil Liability.--Any person including officers, agents, and employees, who in good faith produce the records or items required in a subpoena shall not be liable in any court of any State or the United States to any customer or other person for such production or for nondisclosure of that production to the customer, in compliance with the terms of a court order for nondisclosure.''. (b) Technical and Conforming Amendment.--The analysis for chapter 49 of title 18, United States Code, is amended by adding at the end of the following: ``1075. Administrative subpoenas to apprehend fugitives.''.

Fugitive Apprehension Assistance Act of 2005 - Amends the federal criminal code to authorize the Attorney General, in any investigation with respect to the apprehension of a fugitive, to subpoena witnesses for the production of records that are relevant to discerning the fugitive's whereabouts. Authorizes requiring the attendance of witnesses and the production of records from any place subject to U.S. jurisdiction, except that a witness shall not be required to appear more than 500 miles from the person's residence or the place where the witness was served. Sets forth provisions regarding: (1) service of process to natural persons and corporations; (2) subpoena enforcement; and (3) the rights of subpoena recipients. Directs the Attorney General to issue guidelines governing the issuance of administrative subpoenas. Authorizes: (1) the Attorney General, where a subpoena is issued to a provider of electronic communication service or remote computing service or to a financial institution for financial records, to delay notice to the subscriber or customer to whom the records pertain if the court determines that there is reason to believe that notification of the subpoena's existence may have an adverse result; and (2) the court to require the party to whom the subpoena is directed to refrain from notifying any other party of the subpoena's existence for 30 days (with extensions under specified circumstances). Grants immunity from civil liability for good faith compliance with the terms of a court order for the production of records or for nondisclosure to the customer.

To provide administrative subpoena authority to apprehend fugitives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethanol Energy Promotion Act of 2001''. SEC. 2. PROHIBITION ON USE OF MTBE AS A FUEL ADDITIVE Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) is amended by adding the following at the end of paragraph (1): ``Effective on the date of the enactment of this sentence, the use of methyl tertiary butyl ether (MTBE) as a fuel additive is prohibited.''. The Administrator of the Environmental Protection Agency shall amend the regulations under section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) as promptly as practicable after the enactment of this Act to conform to the amendment made by this section. SEC. 3. WAIVER OF OXYGEN CONTENT REQUIREMENT REPEALED. Section 211(k) of the Clean Air Act (42 U.S.C. 7545(k)) is amended by striking out the second sentence. SEC. 4. CREDITS FOR EXCEEDING REDUCTION IN CARBON MONOXIDE AND VOLATILITY REQUIREMENTS. Section 211(k)(7) of the Clean Air Act (42 U.S.C. 7545(k)(7)) is amended by adding the following at the end thereof: ``(D) In addition to the credits described in subparagraph (A), the Administrator shall also promulgate regulations under this paragraph permitting any person who refines, blends, or imports and certifies a gasoline or a slate of gasoline with an oxygen content that exceeds the minimum oxygen content specified in paragraph (2) to take a volatility credit for such gasoline. Such credit may be used to offset to an appropriate extent, the Reid Vapor Pressure levels requirements of subsection (h). The amount of the credit that is appropriate shall be based on the ozone forming potential of the gasoline concerned to insure that allowance of such credit will not increase the ozone forming potential of such gasoline above that of other gasoline that meets the requirements of this subsection.''. SEC. 5. FEDERAL VEHICLES. Section 248(f) of the Clean Air Act (42 U.S.C. 7588(f)) is amended by inserting the following before the period at the end thereof: ``, and all such vehicles shall be clean fuel vehicles certified under this part capable of using ethanol as fuel and shall use ethanol wherever economically feasible, as determined by the Administrator''. SEC. 6. SMALL ETHANOL PRODUCER CREDIT. (a) Allocation of Alcohol Fuels Credit to Patrons of a Cooperative.--Section 40(g) Internal Revenue Code of 1986 (relating to definitions and special rules for eligible small ethanol producer credit) is amended by adding at the end the following: ``(6) Allocation of small ethanol producer credit to patrons of cooperative.-- ``(A) Election to allocate.-- ``(i) In general.--Notwithstanding paragraph (4), in the case of a cooperative organization described in section 1381(a), any portion of the credit determined under subsection (a)(3) for the taxable year may, at the election of the organization, be apportioned pro rata among patrons of the organization on the basis of the quantity or value of business done with or for such patrons for the taxable year. ``(ii) Form and effect of election.--An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. ``(B) Treatment of organizations and patrons.--The amount of the credit apportioned to patrons under subparagraph (A)-- ``(i) shall not be included in the amount determined under subsection (a) with respect to the organization for the taxable year, ``(ii) shall be included in the amount determined under subsection (a) for the taxable year of each patron for which the patronage dividends for the taxable year described in subparagraph (A) are included in gross income, and ``(iii) shall be included in gross income of such patrons for the taxable year in the manner and to the extent provided in section 87. ``(C) Special rules for decrease in credits for taxable year.--If the amount of the credit of a cooperative organization (as so defined) determined under subsection (a)(3) for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year, an amount equal to the excess of-- ``(i) such reduction, over ``(ii) the amount not apportioned to such patrons under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this subpart or subpart A, B, E, or G.''. (b) Definition of Small Ethanol Producer; Improvements to Small Ethanol Producer Credit.-- (1) Definition of small ethanol producer.-- (A) In general.--Section 40(g)(1) of the Internal Revenue Code of 1986 (relating to eligible small ethanol producer) is amended by striking ``30,000,000'' and inserting ``60,000,000''. (B) Conforming amendments.--Section 40(g) of such Code is amended by striking ``30,000,000'' both places it appears in paragraphs (2) and (5)(A) and inserting ``60,000,000''. (2) Small ethanol producer credit not a passive activity credit.--Clause (i) of section 469(d)(2)(A) of such Code (relating to passive activity credit) is amended by striking ``subpart D'' and inserting ``subpart D, other than section 40(a)(3),''. (3) Allowing credit against minimum tax.-- (A) In general.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following: ``(3) Special rules for small ethanol producer credit.-- ``(A) In general.--In the case of the small ethanol producer credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraphs (A) and (B) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the small ethanol producer credit). ``(B) Small ethanol producer credit.--For purposes of this subsection, the term `small ethanol producer credit' means the credit allowable under subsection (a) by reason of section 40(a)(3).''. (B) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the small ethanol producer credit'' after ``employment credit''. (4) Small ethanol producer credit not added back to income under section 87.--Section 87 of such Code (relating to income inclusion of alcohol fuel credit is amended to read as follows: ``SEC. 87. ALCOHOL FUEL CREDIT. ``Gross income includes an amount equal to the sum of-- ``(1) the amount of the alcohol mixture credit determined with respect to the taxpayer for the taxable year under section 40(a)(1), and ``(2) the alcohol credit determined with respect to the taxpayer for the taxable year under section 40(a)(2).''. (c) Conforming Amendment.--Section 1388 of the Internal Revenue Code of 1986 (relating to definitions and special rules for cooperative organizations) is amended by adding at the end the following: ``(k) Cross Reference.--For provisions relating to the apportionment of the alcohol fuels credit between cooperative organizations and their patrons, see section 40(d)(6).''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Ethanol Energy Promotion Act of 2001 - Amends the Clean Air Act to prohibit the use of methyl tertiary butyl ether as a fuel additive.Removes authority of the Administrator of the Environmental Protection Agency to waive the reformulated gasoline oxygen content requirement for an ozone nonattainment area.Directs the Administrator to promulgate regulations permitting a person who refines, blends, or imports and certifies gasoline with an oxygen content exceeding the minimum to take a volatility credit, based on the gasoline's ozone forming potential, to offset applicable Reid Vapor Pressure levels requirements.Requires Federal agency fleet vehicles to be certified as capable of using ethanol and to use ethanol wherever economically feasible.Amends the Internal Revenue Code with respect to the small ethanol producer credit to: (1) authorize credit allocation among a cooperative's patrons; (2) increase the gallon capacity for eligible producers; (3) make the credit a non-passive income credit; and (4) remove the credit from the alcohol fuel credit gross income inclusion.

To amend the Clean Air Act to prohibit the use of methyl tertiary butyl ether as a fuel additive, to require Federal vehicles to use ethanol fuel, and for other purposes.

SECTION 1. REPORTS ON MANAGEMENT OF ARLINGTON NATIONAL CEMETERY. (a) Report on Gravesite Discrepancies.--Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall submit to the committees of Congress specified in subsection (c) a report setting forth an accounting of the gravesites at Arlington National Cemetery, Virginia. The accounting shall-- (1) specify whether gravesite locations at Arlington National Cemetery are correctly identified, labeled, and occupied; and (2) set forth a plan of action, including the resources required and a proposed schedule, to implement remedial actions to address deficiencies identified pursuant to the accounting. (b) GAO Review of Management and Oversight of Contracts.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the committees of Congress specified in subsection (c) a report on the management and oversight of contracts at Arlington National Cemetery. (2) Elements.--The report required by paragraph (1) shall include the following: (A) The number, dollar amount, and duration of current contracts at Arlington National Cemetery over the simplified acquisition threshold. (B) The number, dollar amount, and duration of current contracts for automation of burial operations at Arlington National Cemetery, including contracts relating to the Total Cemetery Management System (TCMS), the Geographic Information System (GIS), the Interment Scheduling System (ISS), the Interment Management System (IMS), and new or modified versions of the Burial Operations Support System (BOSS) of the Department of Veterans Affairs. (C) An assessment of the management and oversight by the Executive Director of the Army National Cemeteries Program of the contracts covered by subparagraphs (A) and (B), including the use of and actions taken for that purpose by the Corps of Engineers and the National Capital Region Contracting Center of the Army Contracting Command. (D) An assessment of the actions taken by the Executive Director of the Army National Cemeteries Program in response to the findings and recommendations of the Inspector General of the Army in the report entitled ``Report of Investigation and Special Inspection of Arlington National Cemetery Final Report (Case 10-04)'', dated June 9, 2010. (E) An assessment of the implementation of the following: (i) Army Directive 2010-04 on Enhancing the Operations and Oversight of the Army National Cemeteries Program, dated June 10, 2010, including, without limitation, an evaluation of the sufficiency of all contract management and oversight procedures, current and planned information and technology systems, applications, and contracts, current organizational structure and manpower, and compliance with and execution of all plans, reviews, studies, evaluations, and requirements specified in the Army Directive. (ii) The recommendations and actions proposed by the Army National Cemeteries Advisory Commission with respect to Arlington National Cemetery. (F) An assessment of the adequacy of current practices at Arlington National Cemetery to provide information, outreach, and support to families of individuals buried at Arlington National Cemetery regarding procedures to detect and correct current errors in burials at Arlington National Cemetery. (G) An assessment of the feasibility and advisability of transferring jurisdiction of Arlington National Cemetery and the United States Soldiers' and Airmen's Home National Cemetery to the Department of Veterans Affairs, and an assessment of the feasibility and advisability of the sharing of jurisdiction of such facilities between the Department of Defense and the Department of Veterans Affairs. (3) Simplified acquisition threshold defined.--In this subsection, the term ``simplified acquisition threshold'' has the meaning provided that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). (c) Specified Committees of Congress.--The committees of Congress specified in this subsection are-- (1) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Veterans' Affairs of the Senate; and (2) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Veterans' Affairs of the House of Representatives. (d) Reports on Implementation of Army Directive on Army National Cemeteries Program.-- (1) In general.--The Secretary of the Army shall submit to the appropriate committees of Congress reports on execution of and compliance with Army Directive 2010-04 on Enhancing the Operations and Oversight of the Army National Cemeteries Program, dated June 10, 2010. Each such report shall include, for the preceding 270 days or year (as applicable), a description and assessment of the following: (A) Execution of and compliance with every section of the Army Directive for Arlington National Cemetery, including, without limitation, an evaluation of the sufficiency of all contract management and oversight procedures, current and planned information and technology systems, applications, and contracts, current organizational structure and manpower, and compliance with and execution of all plans, reviews, studies, evaluations, and requirements specified in the Army Directive. (B) The adequacy of current practices at Arlington National Cemetery to provide information, outreach, and support to families of those individuals buried at Arlington National Cemetery regarding procedures to detect and correct current errors in burials at Arlington National Cemetery. (2) Period and frequency of submittal.--A report required by paragraph (1) shall be submitted not later than 270 days after the date of the enactment of this Act, and every year thereafter for the next 2 years. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Secretary of the Army to submit to the congressional defense, homeland security, and veterans committees an accounting of the gravesites at Arlington National Cemetery, including, among other things, whether such gravesites are correctly identified, labeled, and occupied. Requires the Comptroller General to report to such committees on the management and oversight of burial operations contracts at such Cemetery. Directs the Secretary of the Army to submit to the appropriate congressional committees biennial reports on the execution of and compliance with Army Directive 2010-04, Enhancing the Operations and Oversight of the Army National Cemeteries Program.

A bill to require reports on the management of Arlington National Cemetery.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low-Income and Rural School Program''. SEC. 2. PROGRAM AUTHORIZED. (a) Reservations.--From amounts appropriated under section 7 for this Act for a fiscal year, the Secretary shall reserve \1/2\ of 1 percent to make awards to elementary or secondary schools operated or supported by the Bureau of Indian Affairs to carry out the purpose of this Act. (b) Grants to States.-- (1) In general.--From amounts appropriated under section 7 for this Act that are not reserved under subsection (a), the Secretary shall award grants for a fiscal year to State educational agencies that have applications approved under section 4 to enable the State educational agencies to award subgrants to eligible local educational agencies for local authorized activities described in subsection (c)(2). (2) Allocation.--From amounts appropriated for this Act, the Secretary shall allocate to each State educational agency for a fiscal year an amount that bears the same ratio to the amount of funds appropriated under section 7 for this Act that are not reserved under subsection (a) as the number of students in average daily attendance served by eligible local educational agencies in the State bears to the number of all such students served by eligible local educational agencies in all States for that fiscal year. (3) Direct awards to specially qualified agencies.-- (A) Nonparticipating state.--If a State educational agency elects not to participate in the program under this Act or does not have an application approved under section 4 a specially qualified agency in such State desiring a grant under this Act shall apply directly to the Secretary to receive such a grant. (B) Direct awards to specially qualified agencies.--The Secretary may award, on a competitive basis, the amount the State educational agency is eligible to receive under paragraph (2) directly to specially qualified agencies in the State. (c) Local Awards.-- (1) Eligibility.--A local educational agency shall be eligible to receive funds under this Act if-- (A) 20 percent or more of the children aged 5 to 17, inclusive, served by the local educational agency are from families with incomes below the poverty line; and (B) all of the schools served by the agency are located in a community with a School Locale code of 6, 7, or 8, as determined by the Secretary of Education. (2) Uses of funds.--Grant funds awarded to local educational agencies or made available to schools under this Act shall be used for-- (A) teacher recruitment and retention, including the use of signing bonuses and other financial incentives; (B) teacher professional development, including programs that train teachers to utilize technology to improve teaching and to train special needs teachers; (C) educational technology, including software and hardware as described in title III of the Elementary and Secondary Education Act of 1965; or (D) programs that promote academic enrichment. SEC. 3. STATE DISTRIBUTION OF FUNDS. (a) Award Basis.--A State educational agency shall award grants to eligible local educational agencies-- (1) on a competitive basis; or (2) according to a formula based on the number of students in average daily attendance served by the eligible local educational agencies or schools (as appropriate) in the State, as determined by the State. (b) Administrative Costs.--A State educational agency receiving a grant under this Act may not use more than 5 percent of the amount of the grant for State administrative costs. SEC. 4. APPLICATIONS. Each State educational agency and specially qualified agency desiring to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Such application shall include specific measurable goals and objectives relating to increased student academic achievement, decreased student drop-out rates, or such other factors that the State educational agency or specially qualified agency may choose to measure. SEC. 5. REPORTS. (a) State Reports.--Each State educational agency that receives a grant under this Act shall provide an annual report to the Secretary. The report shall describe-- (1) the method the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this Act; (2) how local educational agencies and schools used funds provided under this Act; and (3) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 4. (b) Specially Qualified Agency Report.--Each specially qualified agency that receives a grant under this Act shall provide an annual report to the Secretary. Such report shall describe-- (1) how such agency uses funds provided under this Act; and (2) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 2(b)(4)(A). (c) Report to Congress.--The Secretary shall prepare and submit to the Committee on Education and the Workforce for the House of Representatives and the Committee on Health, Education, Labor, and Pensions for the Senate an annual report. The report shall describe-- (1) the methods the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this Act; (2) how eligible local educational agencies and schools used funds provided under this Act; and (3) progress made in meeting specific measurable educational goals and objectives. SEC. 6. DEFINITIONS. For the purposes of this Act-- (1) The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. (2) The term ``specially qualified agency'' means an eligible local educational agency, located in a State that does not participate in a program under this Act in a fiscal year, that may apply directly to the Secretary for a grant in such year in accordance with section 2(b)(4). (3) The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. SEC. 7. PERFORMANCE REVIEW. Three years after a State educational agency or specifically qualified agency receives funds under this Act, the Secretary shall review the progress of such agency toward achieving the goals and objectives included in its application to determine if the agency has made progress toward meeting such goals and objectives. To review the performance of each agency, the Secretary shall-- (1) review the use of funds of such agency under section 2(c)(2); and (2) deny the provision of additional funds in subsequent fiscal years to an agency only if the Secretary determines, after notice and an opportunity for a hearing, that the agency's use of funds has been inadequate to justify the continuation of such funding. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $125,000,000 for fiscal year 2002 and such sums as may be necessary for each of 4 succeeding fiscal years.

Low-Income and Rural School Program - Establishes a Low-Income and Rural School Program. Directs the Secretary of Education to award formula grants to State educational agencies to make competitive or formula subgrants to certain rural and low-income local educational agencies (LEAs). Authorizes the Secretary to make direct competitive grants to specially qualified LEAs in nonparticipating States. Reserves a portion of program funds for schools operated or supported by the Bureau of Indian Affairs. Requires LEAs or schools to use program grant funds for: (1) teacher recruitment and retention, including signing bonuses and other financial incentives; (2) professional development, including training for special needs teachers and in technology use; (3) educational technology, including software and hardware; or (4) academic enrichment programs.

To provide grants to certain rural local educational agencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guantanamo Detainees Procedures Act of 2005''. SEC. 2. AUTHORITY OF EXECUTIVE BRANCH TO DETAIN PERSONS COVERED BY THIS ACT AS UNLAWFUL COMBATANTS. (a) Finding.--Congress finds that the executive branch has authority to detain persons covered by this Act as unlawful combatants. (b) Persons Covered by This Act.--In this Act, the term ``person covered by this Act'' means an individual who-- (1) is accused of knowingly-- (A) planning, authorizing, committing, aiding, or abetting one or more terrorist acts against the United States; or (B) being part of or supporting forces engaged in armed conflict against the United States; (2) is not a United States person or lawful permanent resident; and (3) is not a prisoner of war within the meaning of the Geneva Convention Relative to the Treatment of Prisoners of War, done on August 12, 1949. SEC. 3. RIGHT OF PERSON DETAINED AS UNLAWFUL COMBATANT OR ON SIMILAR BASIS TO CHALLENGE THAT BASIS. (a) In General.--Whenever the United States detains a person covered by this Act on the basis of a determination that the person can be detained as an unlawful combatant or can be detained on any similar basis, the person is entitled to a hearing under this section as expeditiously as practicable but not later than 6 months after the date on which the United States first made the determination. (b) Requirements for Hearing.--A hearing required by subsection (a) must meet the following requirements: (1) The hearing officer is an active member of one of the Courts of Criminal Appeals of the Armed Forces. (2) The hearing officer has authority to decide de novo whether the basis of a determination under subsection (a) is valid and to grant appropriate relief if the hearing officer decides that the basis is invalid. (3) The hearing officer is impartial in fact, and is in a position independent from-- (A) the individuals who first determined that the person can be detained; and (B) the individuals on whose orders the person is being detained. (4) The person is provided with access to the evidence that tends to support the determination that the person can be detained. (5) The person is provided with an opportunity to address the hearing officer, and is provided with an interpreter for that purpose. (c) Administrative Review.--The Secretary of Defense shall conduct administrative review of the activities of a hearing officer under this section. SEC. 4. RIGHT OF PERSON DETAINED TO DISPOSITION WITHIN 2 YEARS. (a) In General.--Whenever the United States detains a person covered by this Act on the basis of a determination that the person can be detained as an unlawful combatant or can be detained on any similar basis, the person is entitled to a disposition under this section not later than 2 years after the date on which the United States first made the determination. (b) Requirements for Disposition.--A disposition under this section is any one of the following: (1) Repatriation to the governing authority in the area in which the person was first detained or the person's country of origin, except where there are substantial grounds to believe that the person would be in danger of being subjected to torture. (2) The commencement, by formal charges, of prosecution in an appropriate court, which may include an extraordinary tribunal under section 5 of this Act, an international criminal tribunal, or a district court of the United States. (c) Extension.-- (1) Certification.--The period required by subsection (a) for the repatriation of the person or the commencement of formal charges may be extended if the Secretary of Defense certifies, in writing, with respect to the person that the Secretary of Defense has determined that the person is a continuing threat to the national security of the United States due to a likelihood that the person will undertake terrorist or belligerent acts against the United States based on the person's past conduct, level of authority within the group or organization, statement and actions during confinement, age and health, psychological profile, and other pertinent factors, and the repatriation of the person or the commencement of formal charges will compromise the national security of the United States by curtailing intelligence gathering from the person, jeopardize intelligence sources necessary to prosecute the person, or other extraordinary circumstances justify the extension. (2) Detailed basis.--A certification under this subsection must include a detailed account of the factual basis for that determination. (3) Access to certification.--A person covered by a certification under this subsection is entitled to an unclassified copy of the certification. (4) Duration of certification.--A certification under this subsection is effective for not more than 1 year. The Secretary may make successive certifications with respect to a person so long as each additional certification is made while an imminent threat to national security continues to be posed by the group or organization in which the person is a member or by other persons associated with, or acting on behalf of, the group, organization, or person. (5) Judicial review.--The United States Court of Appeals for the Armed Forces shall provide judicial review with respect to any issue under this subsection, including whether the determination of the Secretary under paragraph (1) is justified by the factual basis under paragraph (2). SEC. 5. EXTRAORDINARY TRIBUNALS. (a) Authority.--The President is hereby authorized to establish tribunals for the trial of persons covered by this Act. (b) Jurisdiction.--Tribunals established under subsection (a) may adjudicate violations of the law of war, international laws of armed conflict, and crimes against humanity targeted against United States persons or residents. (c) Authority to Establish Procedural Rules.--The Secretary of Defense, in consultation with the Secretary of State and the Attorney General, shall prescribe and publish in the Federal Register, and report to the Committees on the Judiciary of the Senate and the House of Representatives, the rules of evidence and procedure that are to apply to tribunals established under subsection (a). SEC. 6. PROCEDURAL REQUIREMENTS. (a) In General.--The rules prescribed for a tribunal under section 5(c) shall be designed to ensure a full and fair hearing of the charges against the accused. The rules shall require the following: (1) That the tribunal be independent and impartial. (2) That the accused be notified of the particulars of the offense charged or alleged without delay. (3) That the proceedings be made simultaneously intelligible for participants not conversant in the English language by translation or interpretation. (4) That the evidence supporting each alleged offense be given to the accused, except as provided in subsection (d). (5) That the accused have the opportunity to be present at trial. (6) That the accused have a right to be represented by counsel. (7) That the accused have the opportunity-- (A) to respond to the evidence supporting each alleged offense; (B) to obtain exculpatory evidence from the prosecution; and (C) to present exculpatory evidence. (8) That the accused have the opportunity to confront and cross-examine adverse witnesses and to offer witnesses. (9) That the proceeding and disposition be expeditious. (10) That the tribunal apply reasonable rules of evidence designed to ensure admission only of reliable information or material with probative value. (11) That the accused be afforded all necessary means of defense before and after the trial. (12) That conviction of an alleged offense not be based upon an act, offense, or omission that was not an offense under law when it was committed. (13) That the penalty for an offense not be greater than it was when the offense was committed. (14) That the accused-- (A) be presumed innocent until proven guilty, and (B) not be found guilty except upon proof beyond a reasonable doubt. (15) That the accused not be compelled to confess guilt or testify against himself. (16) That, subject to subsections (c) and (d), the trial be open and public and include public availability of the transcripts of the trial and the pronouncement of judgment. (17) That a convicted person be informed of remedies and appeals and the time limits for the exercise of the person's rights to the remedies and appeals under the rules. (18) That a preliminary proceeding be held within 30 days of detention to determine whether there is jurisdiction under section 4 over the person and the offenses charged. The preliminary proceeding may be continued for an additional 30 days for good cause shown. (19) That the privilege of the writ of habeas corpus under title 28, United States Code, or under any other provision of law not be infringed. (20) That the tribunal be comprised of a military judge and not less than five members. (b) Imposition of the Death Penalty.--The requirements of the Uniform Code of Military Justice for the imposition of the death penalty shall apply in any case in which a tribunal established under section 5 is requested to adjudge the death penalty. (c) Public Proceedings.--Any proceedings conducted by a tribunal established under section 5, and the proceedings on any appeal of an action of the tribunal, shall be accessible to the public consistent with any demonstrable necessity to secure the safety of observers, witnesses, tribunal judges, counsel, or other persons. (d) Confidentiality of Evidence.--Evidence available from an agency of the Federal Government that is offered in a trial by a tribunal established under section 5 may be kept secret from the public only when the head of the agency personally certifies in writing that disclosure will cause-- (1) identifiable harm to the prosecution of military objectives; (2) significant, identifiable harm to intelligence sources or methods; or (3) substantial risk that such evidence could be used for planning future terrorist attacks. (e) Review.-- (1) Procedures required.--The Secretary of Defense shall provide for prompt review of convictions by tribunals established under section 5 to ensure that the procedural requirements of a full and fair hearing have been met and that the evidence reasonably supports the convictions. (2) United states court of appeals for the armed forces.-- The procedures established under paragraph (1) shall, at a minimum, allow for review of the proceedings of the tribunals, and the convictions and sentences of such tribunals, by the United States Court of Appeals for the Armed Forces established under the Uniform Code of Military Justice. (3) Supreme court.--The decisions of the United States Court of Appeals for the Armed Forces regarding proceedings of tribunals established under section 5 shall be subject to review by the Supreme Court by writ of certiorari. SEC. 7. ANNUAL REPORT ON PERSONS COVERED BY THIS ACT WHO ARE DETAINED AS UNLAWFUL COMBATANTS BY THE UNITED STATES. (a) Report Required.--The Secretary of Defense shall submit to Congress an annual report on persons covered by this Act who are detained as unlawful combatants by the United States. (b) Current Detainees.--The report shall include, for each person currently so detained, the following: (1) The name and nationality of the person. (2) The period during which the person has been so detained. (3) A description of the specific process afforded to the person under sections 3 and 4 of this Act and the outcome of those processes. (c) Former Detainees.--The report shall include, for each person formerly so detained, the following: (1) The name and nationality of the person. (2) The terms of the conditional release agreement with respect to the person. (3) A statement of the basis for the determination of the United States Government that release was warranted. (4) The period during which the person was so detained, including the release date of the person. (d) Classification.--The report required by this section shall be submitted in unclassified form, but may include a classified annex.

Guantanamo Detainees Procedures Act of 2005 - Requires that, whenever the United States detains a person on the basis that such person can be detained as an unlawful combatant or other similar basis, the person is entitled to a hearing as expeditiously as possible, but no later than six months after the determination. Requires hearing disposition within two years of such determination, with an authorized extension if the person is determined to be a continuing threat to U.S. national security. Authorizes the President to establish tribunals for the trial of persons covered under this Act. Outlines procedural requirements. Requires an annual report from the Secretary of Defense to Congress on persons covered by this Act who are detained as unlawful combatants. Includes as covered by this Act a person who: (1) is accused of knowingly planning, authorizing, committing, aiding, or abetting one or more terrorist acts against the United States or being part of, or supporting, forces engaged in armed conflict against the United States; (2) is not a U.S. person or lawful permanent resident; and (3) is not a prisoner of war.

To affirm the authority of the executive branch to detain foreign nationals as unlawful combatants, to enable a person detained as an unlawful combatant to challenge the basis for that detention and to receive a disposition within 2 years, to provide for the President to establish military tribunals to try such persons, and for other purposes.

TITLE V--TAX PROVISIONS SEC. 500. SHORT TITLE; ETC. (a) Short Title.--This title may be cited as the ``Small Business Jobs Tax Relief Act of 2010''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this title is as follows: Sec. 500. Short title; etc. Subtitle A--Small Business Tax Incentives Part 1--General Provisions Sec. 501. Temporary exclusion of 100 percent of gain on certain small business stock. Part 2--Limitations and Reporting on Certain Penalties Sec. 511. Limitation on penalty for failure to disclose certain information. Sec. 512. Annual reports on penalties and certain other enforcement actions. Part 3--Other Provisions Sec. 521. Increase in amount allowed as deduction for start-up expenditures. Sec. 522. Nonrecourse small business investment company loans from the Small Business Administration treated as amounts at risk. Sec. 523. Benefits under the Small Business Borrower Assistance Program excluded from gross income. Subtitle B--Revenue Provisions Sec. 531. Required minimum 10-year term, etc., for grantor retained annuity trusts. Sec. 532. Crude tall oil ineligible for cellulosic biofuel producer credit. Sec. 533. Time for payment of corporate estimated taxes. Subtitle A--Small Business Tax Incentives PART 1--GENERAL PROVISIONS SEC. 501. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON CERTAIN SMALL BUSINESS STOCK. (a) In General.--Subsection (a) of section 1202 is amended by adding at the end the following new paragraph: ``(4) Special 100 percent exclusion.--In the case of qualified small business stock acquired after March 15, 2010, and before January 1, 2012-- ``(A) paragraph (1) shall be applied by substituting `100 percent' for `50 percent', ``(B) paragraph (2) shall not apply, and ``(C) paragraph (7) of section 57(a) shall not apply.''. (b) Conforming Amendments.--Paragraph (3) of section 1202(a) is amended-- (1) by striking ``after the date of the enactment of this paragraph and before January 1, 2011'' and inserting ``after February 17, 2009, and before March 16, 2010''; and (2) by striking ``Special rules for 2009 and 2010'' in the heading and inserting ``Special 75 percent exclusion''. (c) Effective Date.--The amendments made by this section shall apply to stock acquired after March 15, 2010. PART 2--LIMITATIONS AND REPORTING ON CERTAIN PENALTIES SEC. 511. LIMITATION ON PENALTY FOR FAILURE TO DISCLOSE CERTAIN INFORMATION. (a) In General.--Subsection (b) of section 6707A is amended to read as follows: ``(b) Amount of Penalty.-- ``(1) In general.--Except as otherwise provided in this subsection, the amount of the penalty under subsection (a) with respect to any reportable transaction shall be 75 percent of the decrease in tax shown on the return as a result of such transaction (or which would have resulted from such transaction if such transaction were respected for Federal tax purposes). ``(2) Maximum penalty.--The amount of the penalty under subsection (a) with respect to any reportable transaction for any taxable year shall not exceed-- ``(A) in the case of a listed transaction, $200,000 ($100,000 in the case of a natural person), or ``(B) in the case of any other reportable transaction, $50,000 ($10,000 in the case of a natural person). ``(3) Minimum penalty.--The amount of the penalty under subsection (a) with respect to any transaction for any taxable year shall not be less than $10,000 ($5,000 in the case of a natural person).''. (b) Effective Date.--The amendment made by this section shall apply to penalties assessed after December 31, 2006. SEC. 512. ANNUAL REPORTS ON PENALTIES AND CERTAIN OTHER ENFORCEMENT ACTIONS. (a) In General.--The Commissioner of Internal Revenue, in consultation with the Secretary of the Treasury, shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate an annual report on the penalties assessed by the Internal Revenue Service during the preceding year under each of the following provisions of the Internal Revenue Code of 1986: (1) Section 6662A (relating to accuracy-related penalty on understatements with respect to reportable transactions). (2) Section 6700(a) (relating to promoting abusive tax shelters). (3) Section 6707 (relating to failure to furnish information regarding reportable transactions). (4) Section 6707A (relating to failure to include reportable transaction information with return). (5) Section 6708 (relating to failure to maintain lists of advisees with respect to reportable transactions). (b) Additional Information.--The report required under subsection (a) shall also include information on the following with respect to each year: (1) Any action taken under section 330(b) of title 31, United States Code, with respect to any reportable transaction (as defined in section 6707A(c) of the Internal Revenue Code of 1986). (2) Any extension of the time for assessment of tax enforced, or assessment of any amount under such an extension, under paragraph (10) of section 6501(c) of the Internal Revenue Code of 1986. (c) Date of Report.--The first report required under subsection (a) shall be submitted not later than December 31, 2010. PART 3--OTHER PROVISIONS SEC. 521. INCREASE IN AMOUNT ALLOWED AS DEDUCTION FOR START-UP EXPENDITURES. (a) In General.--Subsection (b) of section 195 is amended by adding at the end the following new paragraph: ``(3) Increased limitation for taxable years beginning in 2010 or 2011.--In the case of any taxable year beginning in 2010 or 2011, paragraph (1)(A)(ii) shall be applied-- ``(A) by substituting `$20,000' for `$5,000', and ``(B) by substituting `$75,000' for `$50,000'.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 522. NONRECOURSE SMALL BUSINESS INVESTMENT COMPANY LOANS FROM THE SMALL BUSINESS ADMINISTRATION TREATED AS AMOUNTS AT RISK. (a) In General.--Subparagraph (B) of section 465(b)(6) is amended to read as follows: ``(B) Qualified nonrecourse financing.--For purposes of this paragraph-- ``(i) In general.--The term `qualified nonrecourse financing' means any financing-- ``(I) which is qualified real property financing or qualified SBIC financing, ``(II) except to the extent provided in regulations, with respect to which no person is personally liable for repayment, and ``(III) which is not convertible debt. ``(ii) Qualified real property financing.-- The term `qualified real property financing' means any financing which-- ``(I) is borrowed by the taxpayer with respect to the activity of holding real property, ``(II) is secured by real property used in such activity, and ``(III) is borrowed by the taxpayer from a qualified person or represents a loan from any Federal, State, or local government or instrumentality thereof, or is guaranteed by any Federal, State, or local government. ``(iii) Qualified sbic financing.--The term `qualified SBIC financing' means any financing which-- ``(I) is borrowed by a small business investment company (within the meaning of section 301 of the Small Business Investment Act of 1958), and ``(II) is borrowed from, or guaranteed by, the Small Business Administration under the authority of section 303(b) of such Act.''. (b) Conforming Amendments.--Subparagraph (A) of section 465(b)(6) is amended-- (1) by striking ``in the case of an activity of holding real property,''; and (2) by striking ``which is secured by real property used in such activity''. (c) Effective Date.--The amendments made by this section shall apply to loans and guarantees made after the date of the enactment of this Act. SEC. 523. BENEFITS UNDER THE SMALL BUSINESS BORROWER ASSISTANCE PROGRAM EXCLUDED FROM GROSS INCOME. (a) In General.--Part III of subchapter B of chapter 1 is amended by adding at the end the following new section: ``SEC. 139F. BENEFITS UNDER THE SMALL BUSINESS BORROWER ASSISTANCE PROGRAM. ``(a) In General.--Gross income shall not include any amount paid on behalf of a borrower by the Administrator of the Small Business Administration under the Small Business Borrower Assistance program established under section 402 of the Small Business Assistance Fund Act of 2010 (as in effect immediately after the date of the enactment of such Act). ``(b) Denial of Double Benefit.--Notwithstanding any other provision of this subtitle, with respect to the person for whose benefit a payment described in subsection (a) is made-- ``(1) Interest.--No deduction shall be allowed for interest to the extent the liability for such interest is covered by such payment. ``(2) Payments of principal.--If any payment is applied to reduce the principal of the loan to which such payment relates-- ``(A) Allocation among financed expenditures.--Such payment shall be allocated pro rata among the expenditures financed with such loan. ``(B) Credits and deductible expenses.--No deduction or credit shall be allowed for, or by reason of, any such expenditure to the extent of the amount of the payment allocated to such expenditure under subparagraph (A). ``(C) Adjustment of basis.--The adjusted basis of any property acquired with such expenditure shall be reduced to the extent of the amount of the payment allocated to such expenditure under subparagraph (A).''. (b) Clerical Amendments.--The table of sections for part III of subchapter B of chapter 1 is amended by adding at the end the following new item: ``Sec. 139F. Benefits under the Small Business Borrower Assistance Program.''. (c) Effective Date.--The amendments made by this section shall apply to payments made after the date of the enactment of this Act. Subtitle B--Revenue Provisions SEC. 531. REQUIRED MINIMUM 10-YEAR TERM, ETC., FOR GRANTOR RETAINED ANNUITY TRUSTS. (a) In General.--Subsection (b) of section 2702 is amended-- (1) by redesignating paragraphs (1), (2) and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs (as so redesignated) 2 ems to the right; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; (3) by striking ``paragraph (1) or (2)'' in paragraph (1)(C) (as so redesignated) and inserting ``subparagraph (A) or (B)''; and (4) by adding at the end the following new paragraph: ``(2) Additional requirements with respect to grantor retained annuities.--For purposes of subsection (a), in the case of an interest described in paragraph (1)(A) (determined without regard to this paragraph) which is retained by the transferor, such interest shall be treated as described in such paragraph only if-- ``(A) the right to receive the fixed amounts referred to in such paragraph is for a term of not less than 10 years, ``(B) such fixed amounts, when determined on an annual basis, do not decrease relative to any prior year during the first 10 years of the term referred to in subparagraph (A), and ``(C) the remainder interest has a value greater than zero determined as of the time of the transfer.''. (b) Effective Date.--The amendments made by this section shall apply to transfers made after the date of the enactment of this Act. SEC. 532. CRUDE TALL OIL INELIGIBLE FOR CELLULOSIC BIOFUEL PRODUCER CREDIT. (a) In General.--Clause (iii) of section 40(b)(6)(E) is amended-- (1) by striking ``or'' at the end of subclause (I), (2) by striking the period at the end of subclause (II) and inserting ``, or'', (3) by adding at the end the following new subclause: ``(III) such fuel has an acid number greater than 25.'', and (4) by striking ``unprocessed'' in the heading and inserting ``certain''. (b) Effective Date.--The amendment made by this section shall apply to fuels sold or used on or after January 1, 2010. SEC. 533. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES. The percentage under paragraph (2) of section 561 of the Hiring Incentives to Restore Employment Act in effect on the date of the enactment of this Act is increased by 7.75 percentage points.

Title V: Tax Provisions - Small Business Jobs Tax Relief Act of 2010 - Subtitle A: Small Business Tax Incentives - Part 1: General Provisions - (Sec. 501) Amends the Internal Revenue Code to increase from 50% to 100% the exclusion from gross income of the gain from the sale or exchange of qualified small business stock acquired after March 15, 2010, and before January 1, 2012. Part 2: Limitations and Reporting on Certain Penalties - (Sec. 511) Limits the penalty for failure to disclose a reportable transaction (a transaction determined by the Internal Revenue Service [IRS] as having a potential for tax avoidance or evasion) to 75% of the decrease in tax resulting from such transaction. (Sec. 512) Requires the Commissioner of Internal Revenue to report by December 31, 2010, and annually thereafter, to the House Committee on Ways and Means and the Senate Committee on Finance on penalties assessed for certain tax shelters and reportable transactions. Part 3: Other Provisions - (Sec. 521) Increases the tax deduction for trade or business start-up expenditures from $5,000 to $20,000 in 2010 and 2011. (Sec. 522) Revises the definition of "qualified nonrecourse financing" to include qualified nonrecourse real property or Small Business Investment Company financing as amounts at risk for purposes of determining the deductibility of losses from certain investment activities, including farming, leasing, and energy exploration. (Sec. 523) Excludes from gross income any amount paid for a borrower under the Small Business Administration (SBA) borrower assistance program. Subtitle B: Revenue Provisions - (Sec. 531) Revises rules for valuing assets in grantor retained annuity trusts to require that the right to receive fixed amounts from an annuity last for a term of not less than 10 years, that such fixed amounts not decrease during the first 10 years of the annuity term, and that the remainder interest have a value greater than zero when transferred. (Sec. 532) Excludes any fuel with an acid number greater than 25 from the definition of "cellulosic biofuel" for purposes of the tax credit for alcohol used as fuel. (Sec. 533) Increases by 7.75% the estimated tax installment for the third quarter of 2015 for corporations with assets of not less than $1 billion.

To amend the Internal Revenue Code of 1986 to provide tax incentives for small business job creation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``U.S.-India Defense Technology and Partnership Act''. SEC. 2. ENHANCING DEFENSE AND SECURITY COOPERATION WITH INDIA. (a) Findings.--Congress finds the following: (1) The United States and India face mutual security threats and a robust defense partnership is in the interest of both countries. (2) The relationship between the United States and India has developed over the past decade to become a multifaceted, major strategic partnership rooted in shared democratic values and the promotion of mutual prosperity, greater economic cooperation, regional peace, security, and stability. (3) In 2012, the Department of Defense began an initiative to increase senior-level oversight and engagement on defense cooperation between the United States and India, which is referred to as the U.S.-India Defense Technology and Trade Initiative (DTTI). (4) On June 3, 2015, the Government of the United States and the Government of India entered into an executive agreement entitled ``Framework for the U.S.-India Defense Relationship'', which renewed and updated the previous defense framework agreement between the United States and India, executed on June 28, 2005. (5) Consistent with the Framework for the U.S.-India Defense Relationship and the goals of the DTTI, it is in the interest of United States national security to improve defense cooperation and the alignment of systems with India, achieve greater interaction between the armed forces of both countries, increase the flow of technology and investment, develop capabilities and partnerships in co-development and co- production, and strengthen two-way defense trade. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States-India defense partnership is vital to regional and international stability and security; (2) the interest of United States national security can be improved by further advancing the goals of the Framework for the U.S.-India Defense Relationship and the effective operation of the DTTI; (3) the President should take action to-- (A) formalize India's status as a major partner of the United States; (B) designate an official with experience in defense acquisition and technology to reinforce and ensure, through interagency policy coordination, the success of the Framework for the U.S.-India Defense Relationship; (C) approve and facilitate the transfer of advanced technology in the context of, and in order to satisfy, combined military planning with the Indian military for missions such as humanitarian assistance and disaster relief, counter piracy, and maritime domain awareness; (D) strengthen the effectiveness of the DTTI and the durability of the Department of Defense's ``India Rapid Reaction Cell''; (E) resolve issues impeding United States-India defense trade, security cooperation, and co-production and co-development opportunities; (F) collaborate with the Government of India to develop mutually agreeable mechanisms to verify the security of defense technology information and equipment, such as tailored cyber security and end use monitoring arrangements; (G) promote policies that will encourage the efficient review and authorization of defense sales and exports to India, including the treatment of military sales and export authorizations to India in a manner similar to that of the United States closest defense partners; (H) pursue greater government-to-government and commercial military transactions between the United States and India; and (I) support the development and alignment of India's export control and procurement regimes with those of the United States and multilateral control regimes; and (4) the President's commitment to enhancing defense and security cooperation with India should be considered a priority with respect to advancing United States interests in the South Asia and greater Indo-Pacific regions. (c) Military Contingency Plans.--The President is encouraged to coordinate with India on an annual basis to develop military contingency plans for addressing threats to mutual security interests of both countries. (d) Assessment Required.-- (1) In general.--The President shall, on an annual basis, carry out an assessment of the extent to which India possesses strategic operational capabilities to execute military operations of mutual interest between the United States and India. (2) Use of assessment.--The President shall ensure that the assessment described in paragraph (1) is used to inform the review by the United States of applications to sell or export defense articles, defense services, or technical data under the Arms Export Control Act (22 U.S.C. 2751 et seq.). (3) Form.--The assessment described in paragraph (1) shall, to the maximum extent practicable, be in classified form. (4) Definition.--In this subsection, the term ``strategic operational capabilities'' means the ability to execute military operations of mutual security interest while sustaining minimal damages and casualties, through the use of military means, possessed in sufficient quantity, including weapons, command, control, communication, intelligence, surveillance, and reconnaissance capabilities. (e) Foreign Military Sales and Export Status Under Arms Export Control Act.--The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended-- (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A), 36(c)(5), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting ``India,'' before ``or New Zealand'' each place it appears; (2) in section 3(b)(2), by inserting ``the Government of India,'' before ``or the Government of New Zealand''; and (3) in sections 21(h)(1)(A) and 21(h)(2), by inserting ``India,'' before ``or Israel'' each place it appears.

U.S.-India Defense Technology and Partnership Act This bill expresses the sense of Congress that: (1) the U.S.-India defense partnership is vital to regional and international stability and security, and (2) the President should take action to formalize India's status as a U.S. major partner. The President should coordinate with India annually to develop military contingency plans for addressing threats to mutual security interests. The President shall: (1) annually assess the extent to which India possesses strategic operational capabilities to execute military operations of mutual interest to the United States and India; and (2) ensure that such assessment is used in reviewing applications to sell or export defense articles, defense services, or technical data. The Arms Export Control Act is amended to extend special foreign military sales status to India.

U.S.-India Defense Technology and Partnership Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Battered Women's Shelters and Services Act''. SEC. 2. FVPSA IMPROVEMENTS. (a) State Demonstration Grants.--Section 303(a)(2) of the Family Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)) is amended-- (1) by redesignating subparagraph (G) as subparagraph (H); and (2) by inserting after subparagraph (F) the following: ``(G) provide documentation, including memoranda of understanding, of the specific involvement of the State domestic violence coalition and other knowledgeable individuals and interested organizations, in the development of the application; and''. (b) Minimum Allotment.--Section 304(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10403(a)) is amended-- (1) by inserting after ``grant authorized under section 303(a)'' the following: ``$500,000, with the remaining sums to be allotted to each State in''; and (2) by striking ``except that--'' and all that follows and inserting the following: ``except that Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands shall each be allotted not less than one-eighth of 1 percent of the amounts available for grants under section 303(a) for the fiscal year for which the allotment is made.''. (c) Reallotment.--Section 304(d) of the Family Violence Prevention and Services Act (42 U.S.C. 10403(d)) is amended-- (1) in paragraph (1)-- (A) by inserting after ``to such State in grants under section 303(a)'' the following: ``or to Indian tribes, tribal organizations, or other entities under section 303(b)''; (B) by inserting after ``failure of such State'' the following: ``and Indian tribes, tribal organizations, and other entities''; (C) by inserting after ``such amount to States'' the following: ``or Indian tribes, tribal organizations, or other entities''; and (D) by inserting after ``which meet such requirements'' the following: ``in proportion to the original allocation made under subsection (a) or (b) of section 303, respectively''; and (2) by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following: ``(2) If, at the end of the sixth month of any fiscal year for which sums are appropriated under section 310, the amount allotted to an entity has not been made available to such entity in grants under section 308 or 311 because of the failure of such entity to meet the requirements for a grant or because the limitation on expenditure has been reached, the Secretary shall reallot such amount to States and Indian tribes, tribal organizations, and other entities that meet such requirements in proportion to the original allocation made under subsection (a) or (b) of section 303, respectively.'' (d) Secretarial Responsibilities.--Section 305(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10404(a)) is amended-- (1) by striking ``an employee'' and inserting ``one or more employees''; (2) by striking ``title.'' and inserting ``title, including evaluation and monitoring.''; and (3) by striking ``individual'' and inserting ``individuals''. (e) Grants for Information and Technical Assistance Centers.-- Section 308(a)(2) of the Family Violence Prevention and Services Act (42 U.S.C. 10407(a)(2)) is amended-- (1) by inserting ``on providing training and technical assistance'' after ``focusing''; and (2) by adding at the end the following: ``The Secretary may award grants to nonprofit, nongovernmental organizations for technical assistance and training initiatives on the subject identified in subsection (c), if such initiatives do not duplicate the work of the entities funded under subsection (c) and if the total amount awarded for such initiatives does not exceed $500,000.'' (f) Special Issue Resource Centers.--Section 308(c) of the Family Violence Prevention and Services Act (42 U.S.C. 10407(c)) is amended-- (1) by striking ``service providers,'' and inserting ``service providers on emerging issues in domestic violence service, prevention, or law,''; (2) by striking ``areas of domestic violence service, prevention, or law:'' and inserting ``areas:''; (3) by adding the end the following new paragraphs: ``(8) Providing technical assistance and training to local domestic violence programs that provide shelter or related assistance. ``(9) Improving access to services, information, and training within Indian tribes and tribal organizations. ``(10) Responding to emerging issues in the field of domestic violence that the Secretary may identify in consultation with advocates representing local programs providing shelter or related assistance, State domestic violence coalitions, and national domestic violence organizations.''; and (4) by inserting after paragraph (10), as added by paragraph (3), the following: ``Nothing in this section shall prohibit the Secretary from making multiple grants to any nonprofit, nongovernmental entity to fulfill the purposes of this section.''. (g) Reporting.--Section 308(e) of the Family Violence Prevention and Services Act (42 U.S.C. 10407(e)) is amended by adding at the end the following: ``Not later than 90 days after the date of the enactment of the Battered Women's Shelters and Services Act, each entity receiving a grant under this section shall prepare and submit a report to the Secretary that evaluates the effectiveness of the use of amounts received under the grants by the entity and containing such other information as the Secretary may prescribe. The Secretary shall publish any such reports and provide at least 90 days for notice and opportunity for public comment prior to awarding or renewing any such grant.''. (h) Authorization of Appropriations for Grants Under Section 308.-- Section 310(c) of the Family Violence Prevention and Services Act (42 U.S.C. 10409(c)) is amended by inserting after ``for each fiscal year,'' the following: ``the lesser of $7,500,000 or''. (i) Grants for State Coalitions.--Section 310(d) of the Family Violence Prevention and Services Act (42 U.S.C. 10409(d)) is amended-- (1) by striking ``not less than'' and inserting ``the lesser of $22,000,000 or''; and (2) by adding at the end the following: ``At such time as the appropriation under this subsection exceeds $11,000,000, the Secretary shall designate that of the amounts appropriated under this subsection up to 20 percent of such funds shall be made available in the amounts necessary to State domestic violence coalitions for the specific purpose of providing technical assistance, training, and direct assistance in the areas specified in section ____ or for such other priorities that may be determined by the Secretary in consultation with State domestic violence coalitions and programs that provide shelter or related assistance.''. (j) Grants for State Domestic Violence Coalitions.--Section 311 of the Family Violence Prevention and Services Act (42 U.S.C. 10410) is amended by adding at the end the following: ``(i) Model Leadership Grants; Direct Emergency Assistance; Technical Assistance and Training.-- ``(1) In general.--For any fiscal year for which the amount made available to carry out this section exceeds $11,000,000, the Secretary shall use not more than 20 percent of such available amount to award grants to State domestic violence coalitions, consistent with paragraphs (2) through (4), or in accordance with such other requirements and priorities as may be determined by the Secretary in consultation with State domestic violence coalitions and programs that provide shelter or related assistance. ``(2) Model leadership grants for domestic violence intervention in underserved communities.-- ``(A) In general.--The Secretary may award grants for up to 3 years to not more than 10 State domestic violence coalitions, and not more than 10 local domestic violence programs providing shelter or related assistance, to develop model strategies to address domestic violence in underserved populations (as that term is defined in section 2003 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg- 2)). Such grants shall be used to assess the needs of underserved populations in the State, build collaborative relationships with community-based organizations serving underserved populations, and develop and implement model community intervention strategies to decrease the incidence of domestic violence in underserved populations. ``(B) Eligibility.--To be eligible for a 1-year model leadership grant under this paragraph, an applicant shall demonstrate-- ``(i) a plan for assessing the needs of underserved populations and identifying a specific population for development of an intervention strategy in year 1 of the grant; and ``(ii) inclusion of representatives from community-based organizations in underserved communities in planning, designing, and disseminating the needs assessment instruments. ``(C) Eligibility for continued funding.--To be eligible for continued funding of up to 2 additional years, an applicant shall provide-- ``(i) a plan for implementing the model strategies which includes collaborative partnerships with community-based organizations within the underserved populations identified; and ``(ii) a plan for disseminating the model strategy throughout the State or to other States during year 3 of the grant. ``(D) Priority for collaborative funding.--In awarding grants under this paragraph, the Secretary shall give preference to State domestic violence coalitions and local domestic violence shelters and programs that submit applications in collaboration with community-based organizations serving underserved populations. A grant may not be made under this subparagraph in an amount less than $100,000 for each fiscal year. ``(3) Direct emergency assistance to victims of domestic violence.-- ``(A) In general.--The Secretary may award grants to each State domestic violence coalition for the purpose of administering an emergency assistance fund for victims of domestic violence. Funds received under this paragraph may be used only to provide emergency assistance directly to victims of domestic violence who are in the process of fleeing an abusive situation. Emergency assistance shall include transportation, housing, and other expenses associated with relocation. Funds shall be made available to domestic violence shelters and programs on behalf of victims. ``(B) Application.--Prior to receipt of emergency assistance funds under this section, a State domestic violence coalition shall provide to the Secretary-- ``(i) a detailed description of the process for receiving and reviewing applications for emergency assistance; ``(ii) a detailed description of the process for notifying domestic violence shelters and programs about the availability of emergency assistance funds; ``(iii) an application form that includes the type of assistance requested, a statement of need for the funds, a statement about the impact of the funds on the victim's ability to escape domestic violence, and other such information that would be helpful in disbursing emergency assistance funds; ``(iv) the process that will be used to make payments to recipients; and ``(v) a statement of procedures that will be used to protect the confidentiality of recipients. ``(C) Reporting.--A State domestic violence coalition receiving a grant under this paragraph shall file an annual report to the Secretary describing the distribution of funds to victims of domestic violence by type and amount of assistance provided. For reasons of safety and confidentiality, such report shall not contain individually identifying information. ``(4) Technical assistance and training for state and local domestic violence programs.-- ``(A) In general.--The Secretary may award grants to a State domestic violence coalition (or multiple coalitions) for the purpose of providing training and technical assistance for State domestic violence coalitions and other nonprofit, nongovernmental State and local domestic violence programs. Funds received under this paragraph shall be used to conduct regional training and technical assistance initiatives to be developed and implemented by a nonprofit, nongovernmental State domestic violence coalition or coalitions within each of the regions administered by the Department of Health and Human Services. Funds shall be used to prioritize, plan, and implement solutions to regional problems experienced by domestic violence coalitions and programs providing shelter or related assistance within the region. ``(B) Eligibility.--To be eligible for a grant under this paragraph, a State domestic violence coalition shall demonstrate that it has the support of the majority of State domestic violence coalitions within the region and shall have its principal place of operation within the region. Nothing in this paragraph shall be construed to prohibit domestic violence programs within Indian tribes from receiving technical assistance and training under this paragraph. Grantees shall be encouraged to work in collaboration with domestic violence advocates and organizations outside of the region, and with the national resource center and special issue resource centers established under section 308, in order to gain expertise in delivering training and technical assistance within the region. ``(C) Reporting.--A State domestic violence coalition receiving a grant under this paragraph shall file an annual report to the Secretary describing the recipients of the technical assistance and training provided under this paragraph and the type of technical assistance and training provided.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR FAMILY VIOLENCE PREVENTION AND SERVICES. (a) In General.--Section 310(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as follows: ``(a) In General.--There are authorized to be appropriated to carry out this title-- ``(1) $120,000,000 for fiscal year 1999; ``(2) $160,000,000 for fiscal year 2000; ``(3) $200,000,000 for fiscal year 2001; ``(4) $260,000,000 for fiscal year 2002; and ``(5) $260,000,000 for fiscal year 2003.''. (b) Section 308.--Section 310(c) of the Family Violence Prevention and Services Act (42 U.S.C. 10409(c)) is amended by inserting after ``for each fiscal year,'' the following: ``the lesser of $7,500,000 or''. (c) Grants for State Coalitions.--Section 310(d) of the Family Violence Prevention and Services Act (42 U.S.C. 10409(d)) is amended-- (1) by striking ``Of the amounts'' and inserting ``Subject to section 311(i), of the amounts''; and (2) by striking ``not less than'' and inserting ``the lesser of $22,000,000 or''. (d) Evaluation, Monitoring, and Administration.--Section 310 of the Family Violence Prevention and Services Act (42 U.S.C. 10409) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Evaluation, Monitoring, and Administration.--Of the amounts appropriated under subsection (a) for each fiscal year, not less than $1,200,000 shall be used in carrying out this title for Federal evaluation, monitoring, and administrative costs.''.

Battered Women's Shelters and Services Act - Amends the Family Violence Prevention and Services Act to mandate that State grant applications document specific involvement in application development of the State domestic violence coalition and other knowledgeable individuals and interested organizations. Revises minimum fund allotment and proportionality guidelines. Cites circumstances under which the Secretary of Health and Human Services may award grants to nonprofit, nongovernmental organizations for technical assistance and training initiatives for special issue resource centers. Expands such resource centers' specialization areas to include: (1) providing technical assistance and training to local domestic violence programs that provide shelter or related assistance; (2) improving access to services, information, and training within Indian tribes and organizations; and (3) responding to emerging domestic violence issues identified in consultation with advocates representing local shelter or related assistance programs, State domestic violence coalitions, and national domestic violence organizations. Authorizes appropriations. Modifies grant amounts for State coalitions and for State domestic violence coalitions, including: (1) model leadership grants for domestic violence intervention in underserved communities; (2) direct emergency assistance; and (3) technical assistance and training for State and local domestic violence programs. Authorizes appropriations for FY 1999 through 2003 for family violence prevention and services.

Battered Women's Shelters and Services Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Financial Institutions Regulatory Relief Act of 2014''. SEC. 2. CERTAIN LOANS INCLUDED AS QUALIFIED MORTGAGES. Section 129C(b)(2) of the Truth in Lending Act (15 U.S.C. 1639c(b)(2)) is amended by adding at the end the following: ``(F) Loans held on portfolio.--The term `qualified mortgage' includes a residential mortgage loan made by a creditor having less than $10,000,000,000 in total assets, so long as such loan is originated and retained in portfolio of the creditor for the duration of the loan term.''. SEC. 3. EXEMPTION FROM ESCROW REQUIREMENTS FOR LOANS HELD BY SMALL CREDITORS. Section 129D(c) of the Truth in Lending Act (15 U.S.C. 1639d(c)) is amended-- (1) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D) and moving such subparagraphs 2 ems to the right; (2) striking ``The Board'' and inserting the following: ``(1) In general.--The Bureau''; and (3) by adding at the end the following: ``(2) Treatment of Loans Held by Smaller Creditors.--The Bureau shall, by regulation, exempt from the requirements of subsection (a) any loan secured by a first lien on a consumer's principle dwelling, if such loan is held by a creditor with assets of less than $10,000,000,000.''. SEC. 4. INCREASE IN SMALL SERVICER EXEMPTION. Section 6 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605) is amended by adding at the end the following: ``(n) Small Servicer Exemption.--The Bureau shall, by regulation, provide exemptions to, or adjustments for, the provisions of this section for servicers that service 10,000 or fewer mortgage loans, in order to reduce regulatory burdens while appropriately balancing consumer protections.''. SEC. 5. EXCEPTION TO ANNUAL PRIVACY NOTICE REQUIREMENT UNDER THE GRAMM- LEACH-BLILEY ACT. Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is amended by adding at the end the following: ``(f) Exception to Annual Notice Requirement.--A financial institution that-- ``(1) provides nonpublic personal information only in accordance with the provisions of subsection (b)(2) or (e) of section 502 or regulations prescribed under section 504(b), and ``(2) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this subsection, shall not be required to provide an annual disclosure under this subsection until such time as the financial institution fails to comply with any criteria described in paragraph (1) or (2).''. SEC. 6. CHANGES REQUIRED TO SMALL BANK HOLDING COMPANY POLICY STATEMENT ON ASSESSMENT OF FINANCIAL AND MANAGERIAL FACTORS. (a) Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors.-- (1) In general.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors (12 C.F.R. part 225--appendix C) that provide that the policy shall apply to a bank holding company which has pro forma consolidated assets of less than $5,000,000,000 and that-- (A) is not engaged in any nonbanking activities involving significant leverage; and (B) does not have a significant amount of outstanding debt that is held by the general public. (2) Adjustment of amount.--The Board of Governors of the Federal Reserve System shall annually adjust the dollar amount referred to in paragraph (1) in the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors by an amount equal to the percentage increase, for the most recent year, in total assets held by all insured depository institutions, as determined by the Board. (b) Increase in Debt-to-Equity Ratio of Small Bank Holding Company.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors (12 C.F.R. part 225--appendix C) such that the debt-to-equity ratio allowable for a small bank holding company in order to remain eligible to pay a corporate dividend and to remain eligible for expedited processing procedures under Regulation Y of the Board of Governors of the Federal Reserve System would increase from 1:1 to 3:1. SEC. 7. MEMBERSHIP OF BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM. (a) Inclusion of a Person With Community Bank Experience.--The first undesignated paragraph of section 10 of the Federal Reserve Act (12 U.S.C. 241) is amended by inserting after the second sentence the following: ``The Board shall at all times have as a member at least 1 person with demonstrated experience working in or supervising community banks having less than $10,000,000,000 in total assets''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act and apply to appointments made on and after that effective date, excluding any nomination pending in the Senate on that date. SEC. 8. DESIGNATION OF RURAL AREA. (a) Application.--Not later than 90 days after the date of the enactment of this Act, the Bureau of Consumer Financial Protection shall establish an application process under which a person who lives or does business in a State may, with respect to an area identified by the person in such State that has not been designated by the Bureau as a rural area for purposes of a Federal consumer financial law (as defined under section 1002 of the Consumer Financial Protection Act of 2010), apply for such area to be so designated. (b) Evaluation Criteria.--When evaluating an application submitted under subsection (a), the Bureau shall take into consideration the following factors: (1) Criteria used by the Director of the Bureau of the Census for classifying geographical areas as rural or urban. (2) Criteria used by the Director of the Office of Management and Budget to designate counties as metropolitan or micropolitan or neither. (3) Criteria used by the Secretary of Agriculture to determine property eligibility for rural development programs. (4) The Department of Agriculture rural-urban commuting area codes. (5) A written opinion provided by the State's bank supervisor, as defined under section 3(r) of the Federal Deposit Insurance Act (12 U.S.C. 1813(r)). (6) Population density. (c) Public Comment Period.-- (1) In general.--Not later than 60 days after receiving an application submitted under subsection (a), the Bureau shall-- (A) publish such application in the Federal Register; and (B) make such application available for public comment for not fewer than 90 days. (2) Limitation on additional applications.--Nothing in this section shall be construed to require the Bureau, during the public comment period with respect to an application submitted under subsection (a), to accept an additional application with respect to the area that is the subject of the initial application. (d) Decision on Designation.--Not later than 90 days after the end of the public comment period under subsection (c)(1) for an application, the Bureau shall-- (1) grant or deny such application, in whole or in part; and (2) publish such grant or denial in the Federal Register, along with an explanation of what factors the Bureau relied on in making such determination. (e) Subsequent Applications.--A decision by the Bureau under subsection (d) to deny an application for an area to be designated as a rural area shall not preclude the Bureau from accepting a subsequent application submitted under subsection (a) for such area to be so designated, so long as such subsequent application is made after the end of the 90-day period beginning on the date that the Bureau denies the application under subsection (d).

Small Financial Institutions Regulatory Relief Act of 2014 - Amends the Truth in Lending Act (TILA), with respect to minimum standards for residential mortgage loans and the presumption of ability to repay, to treat as a "qualified mortage" any residential mortgage loan made by a creditor having less than $10 billion in total assets, so long as the loan is originated and retained in creditor's portfolio for the duration of the loan term. Directs the Consumer Financial Protection Bureau (CFPB) to exempt a creditor with assets of less than $10 billion from the requirement to establish escrow or impound accounts for the payment of taxes and hazard insurance before consummating a consumer credit transaction secured by a first lien on the principal dwelling of the consumer. Amends the Real Estate Settlement Procedures Act of 1974 to direct the CFPB to provide either exemptions to, or adjustments from, its mortgage loan servicing and escrow account administration requirements for servicers that service fewer than 10,000 mortgage loans annually. Amends the Gramm-Leach-Bliley Act to exempt from its annual privacy policy notice requirement a financial institution that: (1) provides nonpublic personal information only in accordance with specified requirements, and (2) has not changed its policies and practices with regard to disclosing nonpublic personal information from those disclosed in its most recent disclosure to consumers. Directs the Board of Governors of the Federal Reserve System to publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on the Assessment of Financial and Managerial Factors that: (1) apply that policy to bank holding companies having pro forma consolidated assets of less than $5 billion (adjusted annually), no engagement in nonbanking activities involving significant leverage, and no significant amount of outstanding debt; and (2) increase from 1.1 to 3.1 the debt-to-equity ratio allowable for a small bank holding company in order to retain its eligibility both to pay a corporate dividend and to implement expedited processing procedures under the Board's Regulation Y. Amends the Federal Reserve Act to require the Board to have at all times at least one member with demonstrated experience working in or supervising community banks having less than $10 billion in total assets. Directs the CFPB to establish an application process under which a person who lives or does business in a state may apply to have an area in the state identified as rural if it has not yet been so designated for purposes of federal consumer financial law. Prescribes criteria for the CFPB to consider when evaluating an application. Requires the CFPB to: (1) grant or deny the application within 90 days after the public comment period ends; and (2) publish the grant or denial in the Federal Register.

Small Financial Institutions Regulatory Relief Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Initiative on Surface Transportation and the Environment Act''. SEC. 2. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM. (a) Eligible Projects.--Section 149(b) of title 23, United States Code, is amended-- (1) by inserting after ``nonattainment area'' the first place it appears ``(including an area subsequently redesignated as an attainment area)''; and (2) by inserting ``or thereafter'' after ``1994''. (b) Priority for Projects With Long-Term Sustainable Air Quality Benefits.--Section 149 of such title is amended by adding at the end the following: ``(e) Priority for Projects With Long-Term Sustainable Air Quality Benefits.--The Secretary, after consultation with the Administrator, shall establish a system for ranking projects and programs that are likely to have long-term sustainable air quality benefits, including energy efficiency, and for providing priority funding under this section for projects and programs that are ranked the highest under such system.''. (c) Authorization of Appropriations.--For the purposes of carrying out the congestion mitigation and air quality improvement program under title 23, United States Code, there is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $1,300,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. (d) Sense of Congress.--In order to provide the increased authorization of appropriations under subsection (c), it is the sense of Congress that the authorization of appropriations from the Highway Trust Fund for the National Highway System and the surface transportation program shall be reduced in the aggregate by $400,000,000 for each of fiscal years 1998 through 2003. SEC. 3. ASSESSMENT AND CLEANUP OF BROWNFIELD SITES. (a) National Highway System.--Section 103(i) of title 23, United States Code, is amended by adding at the end the following: ``(14) In accordance with all applicable Federal law and regulations, participation in assessment and cleanup of brownfield sites relating to projects funded under this title, projects on the rights-of-way of facilities constructed on such system under this title before, on, or after the date of the enactment of this paragraph, and projects for development of a brownfield site if such development will provide a substantive and demonstrable benefit to transportation on such system, including reduction of congestion, increased use of mass transit, and improved access to a transportation facility. Contributions toward these efforts may occur in advance of project construction only if such efforts are consistent with all applicable requirements of Federal law and regulations and State transportation planning processes.''. (b) Surface Transportation Program.-- (1) Eligible projects.--Section 133(b) of title 23, United States Code, is amended by adding at the end the following: ``(12) In accordance with all applicable Federal law and regulations, participation in assessment and cleanup of brownfield sites relating to projects funded under this title, projects on the rights-of-way of facilities constructed under this title before, on, or after the date of the enactment of this paragraph, and projects for development of a brownfield site if such development will provide a substantive and demonstrable benefit to motor vehicle transportation, including reduction of congestion, increased use of mass transit, and improved access to a transportation facility. Contributions toward these efforts may occur in advance of project construction only if such efforts are consistent with all applicable requirements of Federal law and regulations and State transportation planning processes.''. (2) Funding for urbanized areas over 200,000 population.-- Section 133(d) of such title is amended-- (A) in paragraph (3)(A)-- (i) by striking ``62.5'' and inserting ``70''; and (ii) by striking ``37.5'' and inserting ``30''; and (B) in paragraph (3)(C) by striking ``62.5'' and inserting ``70''. (3) Definitions.--Section 133 of such title is further amended by adding at the end the following: ``(g) Definitions.--In this section and section 103(i), the following definitions apply: ``(1) Brownfield site.--The term `brownfield site' means a parcel of land that contains or contained abandoned or underused commercial, industrial, or public facility, the expansion or redevelopment of which may be complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants. ``(2) Facility.--The term `facility' has the meaning such term has under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). ``(3) Hazardous substance.--The term `hazardous substance' has the meaning such term has under such section 101. ``(4) Pollutant or contaminant.--The term `pollutant or contaminant' has the meaning such term has under such section 101.''. (c) Federal Transit Programs.-- (1) Block grants.--Section 5307(b) of title 49, United States Code, is amended by adding at the end the following: ``(6) Assessment and cleanup of brownfield sites.--Amounts under this section may also be made available for assessment and cleanup of brownfield sites relating to projects funded under this title, projects on the rights-of-way of facilities constructed under this title before, on, or after the date of the enactment of this paragraph, and projects for development of a brownfield site if such development will provide a substantive and demonstrable benefit to mass transportation, including reduction of congestion, increased use of mass transit, and improved access to a transportation facility. Such assessments and cleanups shall be carried out in accordance with all applicable Federal law and regulations.''. (2) Discretionary grants and loans.--Section 5309(a) of such title 49 is amended-- (A) by striking ``and'' at the end of subparagraph (F); (B) by striking the period at the end of subparagraph (G) and inserting ``; and''; and (C) by adding at the end the following: ``(H) in accordance with all applicable Federal law and regulations, assessment and cleanup of brownfield sites relating to projects funded under this title, projects on the rights-of-way of facilities constructed under this title before, on, or after the date of the enactment of this subparagraph, and projects for development of a brownfield site if such development will provide a substantive and demonstrable benefit to mass transportation, including reduction of congestion, increased use of mass transit, and improved access to a transportation facility.''. (3) Financial assistance for other than urbanized areas.-- Section 5311(b)(1) of such title 49 is amended by inserting before the period at the end of the first sentence the following: ``and, in accordance with all applicable Federal law and regulations, assessment and cleanup of brownfield sites relating to projects funded under this section, projects on the rights-of-way of facilities constructed under this section before, on, or after the date of the enactment of the National Initiative on Surface Transportation and the Environment Act, and projects for development of a brownfield site if such development will provide a substantive and demonstrable benefit to mass transportation, including reduction of congestion, increased use of mass transit, and improved access to a transportation facility in such areas''. (4) Definitions.--Section 5302(a) of such title 49 is amended-- (A) by redesignating paragraphs (1) through (13) as paragraphs (2) through (14), respectively; and (B) by inserting before paragraph (2), as so redesignated, the following: ``(1) Brownfield site.--The term `brownfield site' means a parcel of land that contains or contained abandoned or underused commercial, industrial, or public facility, the expansion or redevelopment of which may be complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants. In this paragraph, the terms `facility', `hazardous substance', and `pollutant or contaminant' have the meaning such terms have under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).''. SEC. 4. WETLANDS RESTORATION PROGRAM. (a) Establishment.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 162. Wetlands restoration program ``(a) Establishment.--The Secretary shall establish a wetlands restoration program under which the Secretary may make grants to States for projects to mitigate against losses of wetlands that have occurred as a result of Federal-aid highway construction projects carried out before the date of the enactment of this section. ``(b) Allocation of Funds.--The Secretary shall allocate funds made available to carry out this section for a fiscal year among the States in the ratio that the number of acres of wetlands lost by each State as a result of Federal-aid highway construction projects in the preceding fiscal year bears to the number of acres of wetlands lost by all States as a result of such projects in such fiscal year; except that no State may receive more than 5 percent of such funds. ``(c) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $16,666,000 per fiscal year for each of fiscal years 1998 through 2003 to carry out this section. Such sums shall remain available until expended.''. (b) Conforming Amendment.--The table of sections for such chapter is amended by adding at the end the following: ``162. Wetlands restoration program.''. SEC. 5. NONPOINT SOURCE POLLUTION. (a) Use of STP Funds for Mitigation of Water Pollution.--Section 133(d) of title 23, United States Code, is amended by adding at the end the following: ``(3) For mitigation of water pollution.--1 percent of the funds apportioned to a State under section 104(b)(3) for a fiscal year shall only be available for monitoring, mitigating, and cleaning up water pollution due to highway runoff.''. (b) Applied Research and Technology Program.--Section 307(e) of such title is amended-- (1) by redesignating paragraphs (9) through (13) as paragraphs (10) through (14), respectively; and (2) by inserting after paragraph (8) the following: ``(9) Porous paving materials.--As part of the program under this subsection, the Secretary shall carry out a program to assess the benefits of using porous paving materials for highways and parking lots as a method of mitigating water pollution due to highway runoff.''. SEC. 6. INCENTIVES FOR REDUCTIONS IN MOTOR VEHICLE EMISSIONS. (a) In General.--Chapter 1 of title 23, United States Code, is further amended by adding at the end the following: ``Sec. 163. Incentives for reductions in motor vehicle emissions ``(a) Grants to MPO's.-- ``(1) Authority to make grants.--The Secretary may make grants to up to 10 metropolitan planning organizations designated under section 134 for implementing alternative transportation strategies to achieve reductions in motor vehicle emissions. Such strategies include coordinating land uses with transportation systems, creating balanced commercial and residential regions, promoting alternative fuel vehicles and alternative transport strategies, designing local modeling systems, and increasing full public participation. ``(2) Amount of grants.--Each grant made to a metropolitan planning organization under this subsection in a fiscal year shall be in an amount equal to one-tenth of the amount made available to carry out this subsection in such fiscal year. ``(3) Authorization of appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection $4,500,000 per fiscal year for each of fiscal years 1998 through 2003. Such sums shall remain available until expended. ``(b) Grants to States.-- ``(1) Authority to make grants.--On or before December 31, 2003, the Secretary shall award a grant to each of the 10 States that the Secretary determines have achieved during the period beginning on October 1, 1997, and ending on September 30, 2003, the greatest per capita reduction in fuel consumption. ``(2) Use of grants.--A State may obligate amounts from grants received under paragraph (1) for projects eligible for funding under section 149. ``(3) Amount of grants.--Each grant made under this subsection shall be in an amount equal to one-tenth of the total amount made available to carry out this subsection. ``(4) Authorization of appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal years 1997 through 2003 $500,000,000 in the aggregate to carry out this subsection. Such sums shall remain available until expended.''. (b) Conforming Amendment.--The table of sections for such chapter is amended by adding at the end the following: ``163. Incentives for reductions in motor vehicle emissions.''.

National Initiative on Surface Transportation and the Environment Act - Amends Federal highway provisions to expand eligibility for projects under the congestion mitigation and air quality improvement program. Directs the Secretary of Transportation to establish a system for ranking projects and programs that are likely to have long-term sustainable air quality benefits and for providing funding for projects and programs that are ranked the highest under such system. Authorizes appropriations. Expresses the sense of the Congress that the authorization of appropriations from the Highway Trust Fund for the National Highway System and the surface transportation program (STP) shall be reduced in the aggregate by $400 million for each of FY 1998 through 2003. (Sec. 3) Requires that participation in assessment and cleanup of brownfield sites relating to specified projects provide a substantive and demonstrable benefit to transportation on such system, including reduction of congestion, increased use of mass transit, and improved access to a transportation facility. Permits contributions toward such efforts to occur in advance of project construction only if such efforts are consistent with Federal requirements and State transportation planning processes. Increases the percentage of funds apportioned to a State for the STP that must be obligated to urbanized areas with population of over 200,000 and other areas of the State in proportion to their relative share of the State's population. Makes Federal transit block grants, discretionary grants and loans, and financial assistance for other than urban areas available for assessment and cleanup of brownfield sites relating to specified projects if such development will provide a substantive and demonstrable benefit to mass transportation. (Sec. 4) Directs the Secretary to establish a wetlands restoration program under which the Secretary may make grants to States for projects to mitigate losses of wetlands that have occurred as a result of Federal-aid highway construction projects. Authorizes appropriations. (Sec. 5) Makes one percent of STP funds apportioned to a State for a fiscal year available for monitoring, mitigating, and cleaning up water pollution due to highway runoff. Directs the Secretary to carry out a program to assess the benefits of using porous paving materials for highways and parking lots as a method of mitigating such pollution. (Sec. 6) Authorizes the Secretary to make grants to up to ten metropolitan planning organizations designated for implementing alternative transportation strategies to achieve reductions in motor vehicle emissions. Authorizes appropriations. Directs the Secretary, on or before December 31, 2003, to award a grant to each of the ten States that the Secretary determines have achieved the greatest per capita reduction in fuel consumption between October 1, 1997, and September 30, 2003. Authorizes appropriations.

National Initiative on Surface Transportation and the Environment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Justice Reform Act of 1993''. SEC. 2. DIVERSITY OF CITIZENSHIP JURISDICTION; AWARD OF ATTORNEYS' FEES TO PREVAILING PARTY. (a) Award of Fees.--Section 1332 of title 28, United States Code, is amended by inserting after subsection (e) the following new subsection: ``(f)(1) The prevailing party in an action under this section shall be entitled to attorneys' fees only to the extent that such party prevails on any position or claim advanced during the action. Attorneys' fees under this paragraph shall be paid by the nonprevailing party but shall not exceed the amount of the attorneys' fees of the nonprevailing party with regard to such position or claim. If the nonprevailing party receives services under a contingent fee agreement, the amount of attorneys' fees under this paragraph shall not exceed the reasonable value of those services. ``(2) In order to receive attorneys' fees under paragraph (1), counsel of record in any actions under this section shall maintain accurate, complete records of hours worked on the matter regardless of the fee arrangement with his or her client. ``(3) The court may, in its discretion, limit the fees recovered under paragraph (1) to the extent that the court finds special circumstances that make payment of such fees unjust. ``(4) This subsection shall not apply to any action removed from a State court under section 1441 of this title, or to any action in which the United States, any State, or any agency, officer, or employee of the United States or any State is a party. ``(5) As used in this subsection, the term `prevailing party' means a party to an action who obtains a favorable final judgment (other than by settlement), exclusive of interest, on all or a portion of the claims asserted in the action.''. (b) Study and Report.--(1) The Director of the Administrative Office of the United States Courts shall conduct a study regarding the effect of the requirements of subsection (f) of section 1332 of title 28, United States Code, as added by subsection (a) of this section, on the caseload of actions brought under such section, which study shall include-- (A) data on the number of actions, within each judicial district, in which the nonprevailing party was required to pay the attorneys' fees of the prevailing party; and (B) an assessment of the deterrent effect of the requirements on frivolous or meritless actions. (2) No later than 4 years after the date of enactment of this Act, the Director of the Administrative Office of the United States Courts shall submit a report to the appropriate committees of Congress containing-- (A) the results of the study described in paragraph (1); and (B) recommendations regarding whether the requirements should be continued or applied with respect to additional actions. (c) Repeal.--No later than 5 years after the date of enactment of this Act, this section and the amendment made by this section shall be repealed. SEC. 3. OFFER OF JUDGMENT. (a) In General.--Part V of title 28, United States Code, is amended by inserting after chapter 113 the following new chapter: ``CHAPTER 114--PRETRIAL PROVISIONS ``Sec. ``1721. Offer of judgment. ``Sec. 1721. Offer of judgment ``(a)(1) In any civil action filed in a district court, any party may serve upon any adverse party a written offer to allow judgment to be entered for the money or property specified in the offer. ``(2) If within 14 days after service of the offer, the adverse party serves written notice that the offer is accepted, either party may file the offer and notice of acceptance and the clerk shall enter judgment. ``(3) An offer not accepted within such 14-day period shall be deemed withdrawn and evidence thereof is not admissible, except in a proceeding to determine reasonable attorney fees. ``(4) If the final judgment obtained by the offeree is not more favorable than the offer made under paragraph (1) which was not accepted by the offeree, the offeree shall pay the offeror's reasonable attorney fees incurred after the expiration of the time for accepting the offer, to the extent necessary to make the offeror whole. ``(5) In no case shall an award of attorney fees under this section exceed the amount of the judgment obtained. The court may reduce the award of costs and attorney fees to avoid the imposition of undue hardship on a party. ``(6) The fact that an offer is made under this section shall not preclude a subsequent offer. ``(7)(A) Subject to the provisions of subparagraph (B), when the liability of 1 party has been determined by verdict, order, or judgment, but the amount or extent of the liability remains to be determined by further proceedings, any party may make an offer of judgment, which shall have the same effect as an offer made before trial. ``(B) The court may shorten the period of time an offeree may have to accept an offer under subparagraph (A), but in no case shall such period be less than 7 days. ``(b) A party making an offer shall not be deprived of the benefits of an offer it makes by an adverse party's subsequent offer, unless the subsequent offer is more favorable than the judgment obtained. ``(c) If the judgment obtained includes nonmonetary relief, a determination that it is more favorable to the offeree than was the offer shall be made only when the terms of the offer included all such nonmonetary relief. ``(d) This section shall not apply to class or derivative actions under rules 23, 23.1 and 23.2 of the Federal Rules of Civil Procedure. ``(e)(1) Except as provided under paragraph (2), the provisions of this section shall not be construed to prohibit an award or reduce the amount of an award a party may receive under a statute which provides for the payment of attorney's fees by another party. ``(2) The amount a party may receive under this section may be set off against the amount of an award made under a statute described in paragraph (1).''. (b) Technical and Conforming Amendment.--The table of chapters for part IV of title 28, United States Code, is amended by inserting after the item relating to chapter 113 the following: ``114. Pretrial provisions.................................. 1721''. SEC. 4. PRIOR NOTICE AS A PREREQUISITE OF FILING A CIVIL ACTION IN THE UNITED STATES DISTRICT COURT. (a) In General.--Chapter 23 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 483. Prior notice of civil action ``(a)(1) No less than 30 days before filing a civil action in a court of the United States the claimant intending to file such action shall transmit written notice to any intended defendant of the specific claims involved, including the amount of actual damages and expenses incurred and expected to be incurred. The claimant shall transmit such notice to any intended defendant at an address reasonably expected to provide actual notice. ``(2) For purposes of this section, the term `transmit' means to mail by first class-mail, postage prepaid, or contract for delivery by any company which physically delivers correspondence as a commercial service to the public in its regular course of business. ``(3) The claimant shall at the time of filing a civil action, file in the court a certificate of service evidencing compliance with this subsection. ``(b) If the applicable statute of limitations for such action would expire during the period of notice required by subsection (a), the statute of limitations shall expire on the thirtieth day after the date on which written notice is transmitted to the intended defendant or defendants under subsection (a). The parties may by written agreement extend that 30-day period for an additional period of not to exceed 90 days. ``(c) The requirements of this section shall not apply-- ``(1) in any action to seize or forfeit assets subject to forfeiture or in any bankruptcy, insolvency, receivership, conservatorship, or liquidation proceeding; ``(2) if the assets that are the subject of the action or would satisfy a judgment are subject to flight, dissipation, or destruction, or if the defendant is subject to flight; ``(3) if a written notice prior to filing an action is otherwise required by law, or the claimant has made a prior attempt in writing to settle the claim with the defendant; ``(4) in proceedings to enforce a civil investigative demand or an administrative summons; ``(5) in any action to foreclose a lien; or ``(6) in any action pertaining to a temporary restraining order, preliminary injunctive relief, or the fraudulent conveyance of property, or in any other type of action involving exigent circumstances that compel immediate resort to the courts. ``(d) If the district court finds that the requirements of subsection (a) have not been met by the claimant, and such defect is asserted by the defendant within 60 days after service of the summons or complaint upon such defendant, the claim shall be dismissed without prejudice and the costs of such action, including attorneys' fees, shall be imposed upon the claimant. Whenever an action is dismissed under this subsection, the claimant may refile such claim within 60 days after dismissal regardless of any statutory limitations period if-- ``(1) during the 60 days after dismissal, notice is transmitted under subsection (a); and ``(2) the original action was timely filed in accordance with subsection (b).''. (b) Conforming Amendment.--The table of sections at the beginning of chapter 23 of title 28, United States Code, is amended by adding at the end the following: ``483. Prior notice of civil action.''. SEC. 5. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT. (a) Exhaustion of Administrative Remedies.--Section 7 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is amended-- (1) by amending subsection (a) to read as follows: ``(a) In any action brought pursuant to section 1979 of the Revised Statutes of the United States, by any adult convicted of a crime confined in any jail, prison, or other correctional facility, the court shall continue such case for a period not to exceed 180 days in order to require exhaustion of such plain, speedy, and effective administrative remedies as are available.''; and (2) in subsection (b)-- (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (B) by inserting immediately after ``(b)'' the following: ``(1) Upon the request of a State or local corrections agency, the Attorney General of the United States shall provide the agency with technical advice and assistance in establishing plain, speedy, and effective administrative remedies for inmate grievances.''. (b) Proceedings in Forma Pauperis.--Section 1915(d) of title 28, United States Code, is amended to read as follows: ``(d) The court may request an attorney to represent any such person unable to employ counsel and may dismiss the case if the allegation of poverty is untrue, or if satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act. SEC. 6. EXPERT WITNESSES. (a) In General.--Chapter 119 of title 28, United States Code, is amended by inserting after section 1828 the following new section: ``Sec. 1829. Multiple expert witnesses ``In any civil action filed in a district court, the court shall not permit opinion evidence on the same issue from more than 1 expert witness for each party, except upon a showing of good cause.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 119 of title 28, United States Code, is amended by inserting after the item relating to section 1828 the following new section: ``1829. Multiple expert witnesses.''. SEC. 7. SEVERABILITY. If any provision of this Act or the amendments made by this Act or the application of any provision or amendment to any person or circumstance is held invalid, the remainder of this Act and such amendments and the application of such provision and amendments to any other person or circumstance shall not be affected by that invalidation. SEC. 8. EFFECTIVE DATE. Except as expressly provided otherwise, this Act and the amendments made by this Act shall become effective 90 days after the date of the enactment of this Act. This Act shall not apply to any action or proceeding commenced before such effective date.

Civil Justice Reform Act of 1993 - Amends the Federal judicial code to entitle the prevailing party in a diversity action to attorney's fees only to the extent that such party prevails on any position or claim advanced during the action. Requires the Director of the Administrative Office of the United States Courts to study and report to the Congress on the caseloads of such diversity actions and the awarding of attorney's fees therein. Repeals such entitlement five years after the enactment of this Act. Outlines provisions under which any party to a civil action filed in a district court may serve upon, and have accepted by, any adverse party a written offer to allow judgment to be entered for the money or property specified in the offer. Requires such offer to be accepted by the adverse party within 14 days or to be considered withdrawn. Requires a claimant, at least 30 days before filing suit in a civil action brought in a U.S. district court, to transmit written notice to any intended defendant at an address reasonably calculated to provide actual notice. Directs the claimant, at the commencement of the action, to file in such court a certificate of service evidencing compliance with such provision. Provides for a 30-day extension of any applicable statute of limitations that would expire during the period of such notice. Makes such provision inapplicable under specified circumstances. Amends the Civil Rights of Institutionalized Persons Act to provide that, in actions brought by any adult convicted of a crime and confined in any jail, prison, or other correctional facility, the court shall continue such case for up to 180 days in order to require the exhaustion of remedies. (Current law calls for a 90-day extension if the court believes it to be appropriate and in the interests of justice.) Requires the Attorney General, upon the request of a State or local correctional facility, to provide technical advice and assistance in establishing plain, speedy, and effective administrative remedies for inmate grievances. Prohibits the district court in a civil action from permitting opinion evidence on the same issue from more than one expert witness for each party, except upon a showing of good cause.

Civil Justice Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Assistance Eligibility Verification Act of 2013''. SEC. 2. INFORMATION COMPARISONS FOR USDA HOUSING ASSISTANCE PROGRAMS. (a) In General.--Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) is amended by adding at the end the following new paragraph: ``(12) Information comparisons for usda housing assistance programs.-- ``(A) Furnishing of information by secretary of agriculture.--Subject to the provisions of this paragraph, the Secretary of Agriculture shall furnish to the Secretary, on such periodic basis as determined by the Secretary of Agriculture in consultation with the Secretary, information in the custody of the Secretary of Agriculture for comparison with information in the National Directory of New Hires, in order to obtain information in such Directory with respect to individuals (including tenants) who are applying for or participating in any housing program under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.), including the single family and multifamily housing programs. ``(B) Requirement to seek minimum information.--The Secretary of Agriculture shall seek information pursuant to this paragraph only to the extent necessary to verify the employment and income of individuals described in subparagraph (A). ``(C) Duties of the secretary.-- ``(i) Information disclosure.--The Secretary, in consultation with the Secretary of Agriculture, shall compare information in the National Directory of New Hires with information provided by the Secretary of Agriculture with respect to individuals described in subparagraph (A), and shall disclose information in such Directory regarding such individuals to the Secretary of Agriculture, in accordance with this paragraph, for the purposes specified in this paragraph. ``(ii) Condition on disclosure.--The Secretary shall make disclosures in accordance with clause (i) only to the extent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. ``(D) Use of information by secretary of agriculture.--The Secretary of Agriculture may use information resulting from a data match pursuant to this paragraph only-- ``(i) for the purposes specified in subparagraph (B); and ``(ii) after removal of personal identifiers, to conduct analyses of the employment and income reporting of individuals described in subparagraph (B). ``(E) Disclosure of information by secretary of agriculture.-- ``(i) Purpose of disclosure.--The Secretary of Agriculture may make a disclosure under this subparagraph only for the purpose of verifying the employment and income of individuals described in subparagraph (A). ``(ii) Disclosures permitted.--Subject to clause (iii), the Secretary of Agriculture may disclose information resulting from a data match pursuant to this paragraph only to the owner of a property, the Inspector General of the Department of Agriculture, and the Attorney General in connection with the enforcement of employment and income requirements for the programs described in subparagraph (A). Information obtained by the Secretary of Agriculture pursuant to this paragraph shall not be made available under section 552(b)(3) of title 5, United States Code. ``(iii) Conditions on disclosure.-- Disclosures under this paragraph shall be-- ``(I) made in accordance with data security and control policies established by the Secretary of Agriculture and approved by the Secretary; ``(II) subject to audit in a manner satisfactory to the Secretary; and ``(III) subject to the sanctions under subsection (l)(2). ``(iv) Additional disclosures.-- ``(I) Determination by secretaries.--The Secretary of Agriculture and the Secretary shall determine whether to permit disclosure of information under this paragraph to persons or entities described in subclause (II), based on an evaluation made by the Secretary of Agriculture (in consultation with and approved by the Secretary), of the costs and benefits of disclosures made under clause (ii) and the adequacy of measures used to safeguard the security and confidentiality of information so disclosed. ``(II) Permitted persons or entities.--If the Secretary of Agriculture and the Secretary determine pursuant to subclause (I) that disclosures to additional persons or entities shall be permitted, information under this paragraph may be disclosed by the Secretary of Agriculture to a private owner of a property and a management agent, in connection with the administration of a program described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretaries. ``(v) Restrictions on redisclosure.--A person or entity to which information is disclosed under this subparagraph may use or disclose such information only as needed for verifying the employment and income of individuals described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretaries. ``(F) Reimbursement of hhs costs.--The Secretary of Agriculture shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph. ``(G) Consent.--The Secretary of Agriculture shall not seek, use, or disclose information under this paragraph relating to an individual without the prior written consent of such individual (or of a person legally authorized to consent on behalf of such individual).''. (b) Amendment to the Internal Revenue Code.--Section 6103(l)(7)(D) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(l)(7)(D)) is amended-- (1) in clause (viii), by striking the ``and'' at the end; (2) in clause (ix), by striking the period at the end and inserting ``, and''; and (3) by inserting after clause (ix) the following new clause: ``(x) any housing program under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.).''.

Housing Assistance Eligibility Verification Act of 2013 - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Act to direct the Secretary of Agriculture (USDA) to furnish to the Secretary of Health and Human Service (HHS) information in the Federal Parent Locator Service (FPLS) and other USDA sources for comparison with information in the National Directory of New Hires, in order to obtain information in the Directory with respect to individuals (including tenants) who are applying for or participating in any housing program under the Housing Act that extends financial assistance, through the Farmers Home Administration, to owners of farms and other real estate, among other such parties. Requires USDA to seek information, and make information disclosures, only to the extent necessary to verify an individual's employment and income. Requires the Secretary of HHS to: (1) compare information in the National Directory with information provided by USDA about such individuals; and (2) disclose to USDA, in turn, National Directory information about them. Authorizes USDA to use the information resulting from a data match to: (1) verify the employment and income of such individuals; and (2) analyze such information after the removal of personal identifiers. Sets forth rules for the types of disclosures permitted and conditions on disclosure. Amends the Internal Revenue Code to apply to farm housing programs under the Housing Act of 1949 the requirement that the Commissioner of Social Security and the Secretary of the Treasury disclose return information on earned, retirement, and unearned income to federal, state, and local agencies administering certain programs under the Social Security Act, the Food Stamp Act of 1977, or veterans programs, or certain housing assistance programs.

Housing Assistance Eligibility Verification Act of 2013

SECTION 1. AUTHORITY TO CONVEY WHITEFISH POINT LIGHT STATION LAND. (a) Authority To Convey.-- (1) In general.--Except as provided in paragraph (2), the Secretary of the Department in which the Coast Guard is operating (in this section referred to as the ``Secretary'') may convey, by an appropriate means of conveyance, all right, title, and interest of the United States in and to each of 3 parcels comprising the land on which the United States Coast Guard Whitefish Point Light Station is situated (in this section referred to as the ``Property''), as follows: (A) To the Great Lakes Shipwreck Historical Society (in this section referred to as a ``recipient''), located in Sault Ste. Marie, Michigan, a parcel of land described as follows: A parcel of land located in Fractional Section 32, Town 51 North, Range 5 West, Whitefish Township, Chippewa County, Michigan, more particularly described as commencing at the Southwest corner of said Section 32; thence N89 deg.51'00"E along the South line of said Section 32 a distance of 2,054.59 feet to a D.N.R. brass capped monument at the Meander Corner between said Section 32 and Section 5, Town 50 North, Range 5 West; thence N09 deg.05'48"W a distance of 786.48 feet to a \1/2\" iron pin w/P.S. cap in the centerline of Whitefish Road, said point is the point of beginning: thence continuing N09 deg.05'48"W a distance of 163.70 feet to a B.L.M. brass capped monument; thence N01 deg.30'39"W a distance of 537.25 feet to a D.N.R. Aluminum capped monument, later referred to in this description as ``Point A''; thence continuing N01 deg.30'39"W a distance of 189 feet, more or less, to the water's edge of Lake Superior; thence Southeasterly along said water's edge a distance of 945 feet, more or less; thence S68 deg.16'41"W a distance of 171 feet, more or less, to a \1/2\" iron pin w/P.S. cap, said pin bears S63 deg.24'47"E a distance of 741.84 feet from aforementioned ``Point A''; thence continuing S68 deg.16'41"W along an existing road/path (Whitefish Point road extended) a distance of 384.74 feet to a \1/2\" iron pin w/ P.S. cap; thence S49 deg.51'18"W along said road a distance of 347.89 feet to the point of beginning. Containing 4.816 acres, more or less (8.734 acres, more or less to shore of Lake Superior). Subject to all easements, conditions, reservations, exceptions and restrictions contained in prior conveyances of record. (B) To the United States Fish and Wildlife Service (in this section referred to as a ``recipient''), a parcel of land described as follows but excluding the parcel described in subparagraph (C): A parcel of land located in Fractional Section 32, Town 51 North, Range 5 West, Whitefish Township, Chippewa County, Michigan, more particularly described as commencing at the Southwest corner of said Section 32; thence N89 deg.51'00"E along the South line of said Section 32 a distance of 2,054.59 feet to a D.N.R. aluminum capped monument at the Meander Corner between said Section 32 and Section 5, Town 50 North, Range 5 West; said Meander Corner is the point of beginning: thence S41 deg.00'00"E along the line dividing the accreted land between said Sections 32 and 5, a distance of 184.80 feet to a D.N.R. aluminum capped monument, later referred to in this description as ``Point B''; thence continuing S41 deg.00'00"E a distance of 381 feet, more or less, to the water's edge of Lake Superior; thence Northeasterly and Northwesterly along said water's edge a distance of 2590 feet, more or less; thence S68 deg.16'41"W a distance of 171 feet, more or less, to a \1/2\" iron pin which bears N67 deg.30'00"E a distance of 1150.00 feet and N39 deg.05'42"W a distance of 1085.76 feet from aforementioned ``Point B''; thence continuing S68 deg.16'41"W a distance of 384.74 feet to a \1/2\" iron pin; thence S49 deg.51'18"W a distance of 347.89 feet to a \1/2\" iron pin; thence S09 deg.05'48"E a distance of 786.48 feet to the point of beginning. Containing 37.765 acres, more or less (including all land to the water's edge of Lake Superior). Subject to all easements, conditions reservations, exceptions and restrictions contained in prior conveyances of record. (C) To the Michigan Audubon Society (in this section referred to as a ``recipient''), a parcel of land described as follows: A parcel of land located in Fractional Section 32, Town 51 North, Range 5 West, Whitefish Township, Chippewa County, Michigan, more particularly described as commencing at the Southwest Corner of said Section 32; thence N89 deg.51'00"E along the South line of said Section 32 a distance of 2,054.59 feet to a D.N.R. aluminum capped monument at the Meander Corner between said Section 32 and Section 5, Town 50 North, Range 5 West; thence N09 deg.05'48"W, 786.48 feet, thence N49 deg.51'18"E, 265.01 feet to the point of beginning: thence continuing N49 deg.51'18"E, 82.88 feet; thence N68 deg.16'41"E, 170.00 feet; thence S28 deg.13'19"E, 460.00 feet; thence S61 deg.46'41"W, 250.00 feet; thence N28 deg.13'19"W, 462.12 to the point of beginning. Containing 2.7 acres, more or less. Subject to all easements, conditions, reservations, exceptions, and restrictions contained in prior conveyances of record. (2) Limitation.--Notwithstanding paragraph (1), the Secretary shall retain for the United States all right, title, and interest in-- (A) any historical artifact, including any lens or lantern, and (B) the light, antennas, sound signal, towers, associated lighthouse equipment, and any electronic navigation equipment, which are active aids to navigation, which is located on the Property, or which relates to the Property. (3) Identification of the property.--The Secretary may identify, describe, and determine the parcels to be conveyed pursuant to this section. (b) Terms and Conditions.-- (1) In general.--Any conveyance pursuant to subsection (a) shall be made-- (A) without payment of consideration; and (B) subject to such terms and conditions as the Secretary considers appropriate. (2) Maintenance of navigation functions.--The Secretary shall ensure that any conveyance pursuant to this section is subject to such conditions as the Secretary considers to be necessary to assure that-- (A) the light, antennas, sound signal, towers, and associated lighthouse equipment, and any electronic navigation equipment, which are located on the Property and which are active aids to navigation shall continue to be operated and maintained by the United States for as long as they are needed for this purpose; (B) the recipients may not interfere or allow interference in any manner with such aids to navigation without express written permission from the United States; (C) there is reserved to the United States the right to relocate, replace, or add any aids to navigation, or make any changes on any portion of the Property as may be necessary for navigation purposes; (D) the United States shall have the right, at any time, to enter the Property without notice for the purpose of maintaining aids to navigation; (E) the United States shall have-- (i) an easement of access to the Property for the purpose of maintaining the aids to navigation and associated equipment in use on the Property, (ii) an easement for an arc of visibility, (iii) a 500-foot nuisance easement around the Fog Signal Tower, and (iv) an easement for an underground cable running from the Fog Signal Tower to the Light; and (F) the United States shall not be responsible for the cost and expense of maintenance, repair, and upkeep of the Property. (3) Maintenance obligation.--The recipients shall not have any obligation to maintain any active aid to navigation equipment on any parcel conveyed pursuant to this section. (c) Property To Be Maintained in Accordance With Certain Laws.-- Each recipient shall maintain the parcel conveyed to the recipient pursuant to subsection (a) in accordance with the provisions of the National Historic Preservation Act (16 U.S.C. 470 et seq.), and other applicable laws. (d) Maintenance Standard.--Each recipient shall maintain the parcel conveyed to the recipient pursuant to subsection (a), at its own cost and expense, in a proper, substantial, and workmanlike manner, including the easements of access, the easement for an arc of visibility, the nuisance easement, and the underground easement. (e) Cooperative Use Agreement.--The Secretary shall require, as a condition of each conveyance of property under this section, that all of the recipients have entered into the same cooperative agreement governing the shared use and occupancy of the existing Whitefish Point Light Station facilities. The cooperative agreement shall include-- (1) terms governing building occupancy and access of recipient staff and public visitors to public restrooms, the auditorium, and the parking lot; and (2) terms requiring that each recipient shall be responsible for paying a pro rata share of the costs of operating and maintaining the existing Whitefish Point Light Station facilities, that is based on the level of use and occupancy of the facilities by the recipient. (f) Limitations on Development and Impairing Uses.--It shall be a term of each conveyance under this section that-- (1) no development of new facilities or expansion of existing facilities or infrastructure on property conveyed under this section may occur, except for purposes of implementing the Whitefish Point Comprehensive Plan of October 1992 and for a gift shop, unless-- (A) each of the recipients consents to the development or expansion in writing; (B) there has been a reasonable opportunity for public comment on the development or expansion, and full consideration has been given to such public comment as is provided; and (C) the development or expansion is consistent with preservation of the Property in its predominantly natural, scenic, historic, and forested condition; and (2) any use of the Property or any structure located on the property which may impair or interfere with the conservation values of the Property is expressly prohibited. (g) Revisionary Interest.-- (1) In general.--All right, title, and interests in and to property and interests conveyed under this section shall revert to the United States and thereafter be administered by the Secretary of Interior acting through the Director of the United States Fish and Wildlife Service, if-- (A) in the case of such property and interests conveyed to the Great Lakes Shipwreck Historical Society, the property or interests cease to be used for the purpose of historical interpretation; (B) in the case of such property and interests conveyed to the Michigan Audubon Society, the property or interests cease to be used for the purpose of environmental protection, research, and interpretation; or (C) in the case any property and interests conveyed to a recipient referred to in subparagraph (A) or (B)-- (i) there is any violation of any term or condition of the conveyance to that recipient; or (ii) the recipient has ceased to exist. (2) Authority to enforce reversionary interest.--The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall have the authority-- (A) to determine for the United States Government whether any act or omission of a recipient results in a reversion of property and interests under paragraph (1); and (B) to initiate a civil action to enforce that reversion, after notifying the recipient of the intent of the Secretary to initiate that action.

Authorizes the Secretary of the department in which the Coast Guard is operating to convey each of three parcels of land on which the U.S. Coast Guard Whitefish Point Light Station, Michigan, is situated to: (1) the Great Lakes Shipwreck Historical Society; (2) the U.S. Fish and Wildlife Service; and (3) the Michigan Audubon Society. Requires current navigation functions of such areas to be maintained, granting the United States an easement to such properties for such purpose. Requires an appropriate maintenance standard for each conveyee. Directs the Secretary to require that the three recipients enter into the same cooperative agreement governing the shared use and occupancy of existing Light Station facilities. Provides limitations on development and impairing uses of the property. Provides for reversion to the United States if conveyance conditions are not met.

To authorize conveyance of land on which is situated the United States Coast Guard Whitefish Point Light Station.

SECTION 1. SHORT TITLE. This Act may be cited as the ``At-Risk Youth Protection Act of 2006''. SEC. 2. GRANTS TO REDUCE YOUTH AND GANG VIOLENCE. (a) Grants to SEAs.-- (1) In general.--The Secretary of Education may make grants to State educational agencies for the purpose of making subgrants to alternative schools or programs that agree to implement a community service requirement and thereby reduce youth and gang violence. (2) Application.--To seek a grant under this section, a State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Subgrants to Alternative Schools or Programs.-- (1) In general.--A State educational agency receiving a grant under this section shall use the grant to make subgrants to alternative schools or programs that agree to require each secondary school student enrolled in the school or program-- (A) to perform not less than 100 hours of community service each school year; and (B) to receive training or counseling on conflict resolution as a prerequisite to performing such community service. (2) Application.--To seek a subgrant under this section, an alternative school or program shall submit an application to the State educational agency at such time, in such manner, and containing such information as the Secretary may require. (c) Definitions.--In this section: (1) The term ``alternative school or program'' means a public school or program designed to address student needs that typically cannot be met in regular schools because the student is at risk of education failure (as indicated by poor grades, truancy, disruptive behavior, pregnancy, or similar factors associated with temporary or permanent withdrawal from school). (2) The term ``community service'' means a method of service learning-- (A) under which the student involved learns and develops through active participation in thoughtfully organized and adult-supervised service that-- (i) is conducted in, and meets the needs of, a community; (ii) is coordinated with the student's alternative school or program, and with the community; and (iii) helps foster civic responsibility; and (B) that-- (i) is integrated into and enhances the academic curriculum of the student, or the educational components of the community service program in which the student is enrolled; and (ii) provides structured time for the student to reflect on the service experience. (3) The term ``institution of higher education'' has the meaning given to that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) The term ``secondary school'' has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) The term ``Secretary'' means the Secretary of Education. (6) The term ``State educational agency'' has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 3. COMMUNITY SERVICE DEDUCTION. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 181 the following new section: ``SEC. 182. COMMUNITY SERVICE DEDUCTION. ``(a) Allowance of Deduction.--In the case of a business, there shall be allowed as a deduction an amount determined in accordance with subsection (b). ``(b) Amount of Deduction.--In the case of a business, the amount determined under this subsection, with respect to a taxable year, is the sum of-- ``(1) $750 per 100 hours of community service completed by a qualified student through such business during such taxable year, plus ``(2) $2,000 per qualified employee employed through such business. ``(c) Dollar Limitation.--In the case of a business, the amount determined under subsection (b)(1), with respect to each qualified student completing hours of community service through such business, shall not exceed $1,500. ``(d) Definitions.--For purposes of this section, with respect to a taxable year-- ``(1) Qualified student.--The term `qualified student' means a student enrolled in an alternative school or program (as defined in section 2(c) of the At-Risk Youth Protection Act of 2006) who performs community service through a place of business located not more than 20 miles from the location of the student's alternative school or program in order to comply with such school or program's community service requirement. ``(2) Qualified employee.--With respect to a business, the term `qualified employee' means a graduate of an alternative school or program (as defined in section 2(c) of the At-Risk Youth Protection Act of 2006) who completes 1 year of employment through such business during such taxable year. ``(3) Community service.--The term `community service' has the meaning given to such term in section 2(c) of the At-Risk Youth Protection Act of 2006. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section and to ensure that the community service completed by a qualified student through a business that is allowed a deduction under subsection (a) meets the requirements described in section 2(c) of the At-Risk Youth Protection Act of 2006.''. (b) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 181 the following new item: ``Sec. 182. Community service deduction.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

At-Risk Youth Protection Act of 2006 - Authorizes the Secretary of Education to make grants to states for subgrants to alternative public schools or programs that serve the needs of students who are at risk of educational failure. Requires subgrantees to require their secondary school students to perform at least 100 hours of community service each school year and receive training or counseling on conflict resolution as a prerequisite to performing such service. Amends the Internal Revenue Code of 1986 to provide a tax deduction to a business of: (1) $750 per 100 hours of community service provided by such a student through such business during the taxable year; and (2) $2,000 for each graduate of such alternative school or program who completes one year of employment with such business.

To increase community service by students at risk of education failure and thereby reduce youth and gang violence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Opportunity Tax Credit Act of 2006''. SEC. 2. COLLEGE OPPORTUNITY TAX CREDIT. (a) In General.-- (1) Allowance of credit.--Section 25A(a) of the Internal Revenue Code of 1986 (relating to allowance of credit) is amended-- (A) in paragraph (1), by striking ``the Hope Scholarship Credit'' and inserting ``the eligible student credit amount determined under subsection (b)'', and (B) in paragraph (2), by striking ``the Lifetime Learning Credit'' and inserting ``the part-time, graduate, and other student credit amount determined under subsection (c)''. (2) Name of credit.--The heading for section 25A of such Code is amended to read as follows: ``SEC. 25A. COLLEGE OPPORTUNITY CREDIT.''. (3) Clerical amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25A and inserting the following: ``Sec. 25A. College opportunity credit.''. (b) Eligible Students.-- (1) In general.--Paragraph (1) of section 25A(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``the Hope Scholarship Credit'' and inserting ``the eligible student credit amount determined under this subsection'', and (B) by striking ``Per student credit'' in the heading and inserting ``In general''. (2) Amount of credit.--Paragraph (4) of section 25A(b) of such Code (relating to applicable limit) is amended by striking ``2'' and inserting ``3''. (3) Credit refundable.-- (A) In general.--Section 25A of such Code is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: ``(i) Portion of Credit Refundable.-- ``(1) In general.--The aggregate credits allowed under subpart C shall be increased by the amount of the credit which would be allowed under this section-- ``(A) by reason of subsection (b), and ``(B) without regard to this subsection and the limitation under section 26(a) or subsection (j), as the case may be. ``(2) Treatment of credit.--The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a) or subsection (j), as the case may be.''. (B) Technical amendment.--Section 1324(b) of title 31, United States Code, is amended by inserting ``, or enacted by the College Opportunity Tax Credit Act of 2006'' before the period at the end. (4) Limitations.-- (A) Credit allowed for 4 years.--Subparagraph (A) of section 25A(b)(2) of such Code is amended-- (i) by striking ``2'' in the text and in the heading and inserting ``4'', and (ii) by striking ``the Hope Scholarship Credit'' and inserting ``the credit allowable''. (B) Elimination of limitation on first 2 years of postsecondary education.--Section 25A(b)(2) of such Code is amended by striking subparagraph (C) and by redesignating subparagraph (D) as subparagraph (C). (5) Conforming amendments.-- (A) The heading of subsection (b) of section 25A of such Code is amended to read as follows: ``(b) Eligible Students.--''. (B) Section 25A(b)(2) of such Code is amended-- (i) in subparagraph (B), by striking ``the Hope Scholarship Credit'' and inserting ``the credit allowable'', and (ii) in subparagraph (C), as redesignated by paragraph (4)(B), by striking ``the Hope Scholarship Credit'' and inserting ``the credit allowable''. (c) Part-Time, Graduate, and Other Students.-- (1) In general.--Subsection (c) of section 25A of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Part-Time, Graduate, and Other Students.-- ``(1) In general.--In the case of any student for whom an election is in effect under this section for any taxable year, the part-time, graduate, and other student credit amount determined under this subsection for any taxable year is an amount equal to the sum of-- ``(A) 40 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the student during any academic period beginning in such taxable year) as does not exceed $1,000, plus ``(B) 20 percent of such expenses so paid as exceeds $1,000 but does not exceed the applicable limit. ``(2) Applicable limit.--For purposes of paragraph (1)(B), the applicable limit for any taxable year is an amount equal to 3 times the dollar amount in effect under paragraph (1)(A) for such taxable year. ``(3) Special rules for determining expenses.-- ``(A) Coordination with credit for eligible students.--The qualified tuition and related expenses with respect to a student who is an eligible student for whom a credit is allowed under subsection (a)(1) for the taxable year shall not be taken into account under this subsection. ``(B) Expenses for job skills courses allowed.--For purposes of paragraph (1), qualified tuition and related expenses shall include expenses described in subsection (f)(1) with respect to any course of instruction at an eligible educational institution to acquire or improve job skills of the student.''. (2) Inflation adjustment.-- (A) In general.--Subsection (h) of section 25A of such Code (relating to inflation adjustments) is amended by adding at the end the following new paragraph: ``(3) Dollar limitation on amount of credit under subsection (a)(2).-- ``(A) In general.--In the case of a taxable year beginning after 2007, each of the $1,000 amounts under subsection (c)(1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100.''. (B) Conforming amendment.--The heading for paragraph (1) of section 25A(h) of such code is amended by inserting ``under subsection (a)(1)'' after ``credit''. (d) Credit Allowed Against Alternative Minimum Tax.-- (1) In general.--Section 25A of the Internal Revenue Code of 1986, as amended by subsection (b)(3), is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (h) the following new subsection: ``(j) 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 subsection (a) for the 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 allowed under this subpart (other than this section and sections 23, 24, and 25B) and section 27 for the taxable year.''. (2) Conforming amendment.--Section 25(a)(1) of such Code is amended by inserting ``25A,'' after ``24,''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

College Opportunity Tax Credit Act of 2006 - Amends the Internal Revenue Code to replace the Hope Scholarship and Lifetime Learning Tax Credits with an increased, partially refundable college opportunity tax credit to cover up to four years (currently, limited to two years) of the tuition and related expenses of full or part-time postsecondary and graduate students.

A bill to amend the Internal Revenue Code of 1986 to replace the Hope and Lifetime Learning credits with a partially refundable college opportunity credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Average Fuel Economy Reform Act of 2006''. SEC. 2. CAFE STANDARDS FOR PASSENGER AUTOMOBILES. (a) Average Fuel Economy Standards for Automobiles.--Section 32902 of title 49, United States Code, is amended-- (1) by striking subsections (b) and (c) and inserting the following: ``(b) Passenger Automobiles.-- ``(1) In general.--At least 18 months before the beginning of each model year, the Secretary of Transportation shall prescribe by regulation average fuel economy standards for passenger automobiles manufactured by a manufacturer in that model year. Each standard shall be the maximum feasible average fuel economy level that the Secretary decides the manufacturers can achieve in that model year. The Secretary may prescribe separate standards for different classes of passenger automobiles. ``(2) Minimum standard.--In prescribing a standard under paragraph (1), the Secretary shall ensure that no manufacturer's standard for a particular model year is less than the greater of-- ``(A) the standard in effect on the date of enactment of the Corporate Average Fuel Economy Reform Act of 2006; or ``(B) a standard established in accordance with the requirement of section 5(c)(2) of that Act. ``(c) Flexibility of Authority.-- ``(1) In general.--The authority of the Secretary to prescribe by regulation average fuel economy standards for automobiles under this section includes the authority to prescribe standards based on one or more vehicle attributes that relate to fuel economy, and to express the standards in the form of a mathematical function. The Secretary may issue a regulation prescribing standards for one or more model years. ``(2) Required lead-time.--When the Secretary prescribes an amendment to a standard under this section that makes an average fuel economy standard more stringent, the Secretary shall prescribe the amendment at least 18 months before the beginning of the model year to which the amendment applies. ``(3) No across-the-board increases.--When the Secretary prescribes a standard, or prescribes an amendment under this section that changes a standard, the standard may not be expressed as a uniform percentage increase from the fuel- economy performance of automobile classes or categories already achieved in a model year by a manufacturer.''; (2) by inserting ``motor vehicle safety, emissions,'' in subsection (f) after ``economy,''; (3) by striking ``energy.'' in subsection (f) and inserting ``energy and reduce its dependence on oil for transportation.''; (4) by striking subsection (j) and inserting the following: ``(j) Comments From DOE and EPA.-- ``(1) Notice of proposed rulemaking.--Before issuing a notice proposing to prescribe or amend an average fuel economy standard under subsection (a), (b), or (g), the Secretary of Transportation shall give the Secretary of Energy and the Administrator of the Environmental Protection Agency at least 10 days to comment on the proposed standard or amendment. If the Secretary of Energy or the Administrator concludes that the proposed standard or amendment would adversely affect the conservation goals of the Department of Energy or the environmental protection goals of the Environmental Protection Agency, respectively, the Secretary or the Administrator may provide written comments to the Secretary of Transportation about the impact of the proposed standard or amendment on those goals. To the extent that the Secretary of Transportation does not revise a proposed standard or amendment to take into account the comments, if any, the Secretary shall include the comments in the notice. ``(2) Notice of final rule.--Before taking final action on a standard or an exemption from a standard under this section, the Secretary of Transportation shall notify the Secretary of Energy and the Administrator of the Environmental Protection Agency and provide them a reasonable time to comment on the standard or exemption.''; and (5) by adding at the end thereof the following: ``(k) Costs-Benefits.--The Secretary of Transportation may not prescribe an average fuel economy standard under this section that imposes marginal costs that exceed marginal benefits, as determined at the time any change in the standard is promulgated.''. (b) Exemption Criteria.--The first sentence of section 32904(b)(6)(B) of title 49, United States Code, is amended-- (1) by striking ``exemption would result in reduced'' and inserting ``manufacturer requesting the exemption will transfer''; (2) by striking ``in the United States'' and inserting ``from the United States''; and (3) by inserting ``because of the grant of the exemption'' after ``manufacturing''. (c) Conforming Amendments.-- (1) Section 32902 of title 49, United States Code, is amended-- (A) by striking ``or (c)'' in subsection (d)(1); (B) by striking ``(c),'' in subsection (e)(2); (C) by striking ``subsection (a) or (d)'' each place it appears in subsection (g)(1) and inserting ``subsection (a), (b), or (d)''; (D) by striking ``(1) The'' in subsection (g)(1) and inserting ``The''; (E) by striking subsection (g)(2); and (F) by striking ``(c),'' in subsection (h) and inserting ``(b),''. (2) Section 32903 of such title is amended by striking ``section 32902(b)-(d)'' each place it appears and inserting ``subsection (b) or (d) of section 32902''. (3) Section 32904(a)(1)(B) of such title is amended by striking ``section 32902(b)-(d)'' and inserting ``subsection (b) or (d) of section 32902''. (4) The first sentence of section 32909(b) of such title is amended to read ``The petition must be filed not later than 59 days after the regulation is prescribed.''. (5) Section 32917(b)(1)(B) of such title is amended by striking ``or (c)''. SEC. 3. USE OF EARNED CREDITS. Section 32903 of title 49, United States Code, is amended-- (1) by striking ``3 consecutive model years'' in subsection (a)(1) and subsection (a)(2) and inserting ``5 consecutive model years''; (2) by striking ``3 model years'' in subsection (b)(2) and inserting ``5 model years''; (3) by redesignating subsection (f) as subsection (g); and (4) by inserting after subsection (e) the following: ``(f) Credit Transfers.--The Secretary of Transportation may permit by regulation, on such terms and conditions as the Secretary may specify, a manufacturer of automobiles that earns credits to transfer such credits attributable to one of the following production segments in a model year to apply those credits in that model year to the other production segment: ``(1) Passenger-automobile production. ``(2) Non-passenger-automobile production. In promulgating such a regulation, the Secretary shall take into consideration the potential effect of such transfers on creating incentives for manufacturers to produce more efficient vehicles and domestic automotive employment.''. SEC. 4. USE OF CIVIL PENALTIES FOR RESEARCH AND DEVELOPMENT. Section 32912 of title 49, United States Code, is amended by adding at the end thereof the following: ``(e) Research and Development and Use of Civil Penalties.-- ``(1) All civil penalties assessed by the Secretary or by a Court shall be credited to an account at the Department of Transportation and shall be available to the Secretary to carry out the research program described in paragraph (2). ``(2) The Secretary shall carry out a program of research and development into fuel saving automotive technologies and to support rulemaking related to the corporate average fuel economy program.''. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act, and the amendments made by this Act, take effect on the date of enactment of this Act. (b) Transition for Passenger Automobile Standard.--Notwithstanding subsection (a), and except as provided in subsection (c)(2), until the effective date of a standard for passenger automobiles that is issued under the authority of section 32902(b) of title 49, United States Code, as amended by this Act, the standard or standards in place for passenger automobiles under the authority of section 32902 of that title, as that section was in effect on the day before the date of enactment of this Act, shall remain in effect. (c) Rulemaking.-- (1) Initiation of rulemaking under amended law.--Within 60 days after the date of enactment of this Act, the Secretary of Transportation shall initiate a rulemaking for passenger automobiles under section 32902(b) of title 49, United States Code, as amended by this Act. (2) Amendment of existing standard.--Until the Secretary issues a final rule pursuant to the rulemaking initiated in accordance with paragraph (1), the Secretary shall amend the average fuel economy standard prescribed pursuant to section 32092(b) of title 49, United States Code, with respect to passenger automobiles in model years to which the standard adopted by such final rule does not apply.D23/

Corporate Average Fuel Economy Reform Act of 2006 - Amends federal transportation law to direct the Secretary of Transportation to prescribe minimum corporate average fuel economy (CAFE) standards for passenger automobiles, including standards that are based on one or more vehicle attributes that relate to fuel economy. Requires the Secretary of Transportation, when deciding maximum feasible average fuel economy for passenger automobiles, to consider (in addition to current considerations) motor vehicle safety, emissions, and the need of the United States to reduce its dependence on oil for transportation. Solicits comment from the Department of Energy (DOE) (currently) and the Environmental Protection Agency (EPA) before the Secretary issues a notice for a proposed or amended CAFE standard. Allows manufacturers to earn credits which may be applied to any five (currently, three) consecutive model years after the year in which they were earned if the average fuel economy of passenger automobiles manufactured by a manufacturer in a particular model year exceeds an applicable established average fuel economy standard. Permits trading credits between passenger-automobile production and non-passenger-automobile production. Requires civil penalties assessed by the Secretary or by a Court against a person who violates CAFE standards to be credited to a Department of Transportation (DOT) account and made available to carry out a program of research and development into fuel saving automotive technologies and to support the CAFE program.

A bill to amend the automobile fuel economy provisions of title 49, United States Code, to reform the setting and calculation of fuel economy standards for passenger automobiles, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Housing Rent Reform Act''. SEC. 2. PUBLIC HOUSING CEILING RENTS. Section 3(a)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)(2)) is amended-- (1) in subparagraph (A), by striking clause (iii) and inserting the following new clause: ``(iii) at the election of such agency and subject to approval by the Secretary, is-- ``(I) not less than the average monthly amount of debt service and operating expenses attributable to dwelling units of similar size in public housing projects owned and operated by such agency; ``(II) not less than the rental paid by a family the amount of whose rent is such that, on the date upon which a public housing agency adopts ceiling rents under this subclause for the project in which such family resides, not less than 10 percent nor more than 20 percent (as determined by the Secretary from time to time by regulation) of the families residing in such project pay a higher rent; any ceiling rents so adopted and approved by the Secretary shall be redetermined annually by application of the automatic annual adjustment factors issued from time to time by the Secretary pursuant to section 8(c)(2)(A); or ``(III) not less than the fair market rent determined by the agency for comparable units of similar size pursuant to the procedures prescribed by the Secretary for determining rent reasonableness under the program for rental certificate assistance under section 8(b); the Secretary may, not more frequently than annually, review the ceiling rents determined under this subclause by each agency and each agency's application of the procedures for determining rent reasonableness used in establishing such rents and if, pursuant to such review, the Secretary determines on the record after opportunity for an agency hearing, that the ceiling rents adopted by an agency pursuant to this subclause are deliberately and materially understated, the Secretary may impose such corrective actions as the Secretary considers appropriate, which may include payment to the Secretary of some or all of the aggregate amounts by which such rents are understated; the Secretary may at any time require that the determination of ceiling rents pursuant to this subclause be conducted by a qualified independent third party in accordance with regulations issued by the Secretary.''; and (2) by redesignating subparagraph (B) as subparagraph (I) and inserting after subparagraph (A) the following new subparagraphs: ``(B) A waiver by the Secretary shall not be necessary for a public housing agency to adopt ceiling rents under this paragraph. The discretion of the Secretary in approving an election by a public housing agency to adopt ceiling rents shall be limited to ensuring that the election meets the requirements of this paragraph. Without limiting any other provision of this subparagraph, the Secretary shall not (except as otherwise specifically provided in subparagraph (C)) hold or exercise any discretion with respect to the method under subparagraph (A)(iii) that an agency may elect to determine its ceiling rents, and such election shall be within the sole discretion of the agency. ``(C) Unless otherwise approved by the Secretary, a public housing agency shall utilize the same method for determining ceiling rents for all projects with respect to which such agency elects to adopt ceiling rents; except that, with respect to single family scattered site housing or projects consisting of 10 or less units, a public housing agency may elect, or the Secretary may require, that ceiling rents applicable to such units be calculated using the method under subparagraph (A)(iii)(III), notwithstanding that ceiling rents applicable to the agency's other projects are calculated using another method. After the initial adoption of ceiling rents by a public housing agency and approval thereof by the Secretary, the agency may not thereafter elect a different method of calculating such rents except as approved by the Secretary. ``(D) Subject to the limitations under subparagraph (C), different ceiling rents may be adopted by a public housing agency and approved by the Secretary for each project owned by the public housing agency. A public housing agency may adopt and the Secretary may approve maximum rents for some or all of the projects owned by such agency. ``(E) Any ceiling rents adopted shall be redetermined annually, for each project for which such rents are adopted, by the public housing agency and, subject to subsequent readjustment if the Secretary determines after review that such rents are improper, such redetermined ceiling rents shall be effective without further approval by the Secretary. ``(F) Notwithstanding any other provision of this paragraph-- ``(i) not more than 25 percent of the total number of dwelling units contained in any project (rounded upward to the nearest whole unit) may be occupied by families whose rents are limited in amount by the ceiling rents adopted for such project; if, at any time, families occupying more than 25 percent of the units in a project are eligible for ceiling rents, then, at the time of the next annual redetermination of ceiling rents for such project, the public housing agency shall increase the applicable ceiling rents so that, at the time of such redetermination, not more than 25 percent of the dwelling units in the project are occupied by families whose rent is limited by ceiling rents; and ``(ii) the total continuous period during which any family's rent may be limited by the full application of ceiling rents shall not exceed 3 years; if at any time commencing before the expiration of the 3-year period, the rent payable by a family is less than the applicable ceiling rent for a period in excess of 12 consecutive months, because of a reduction in the family's adjusted income or an increase in ceiling rents, or both, then a new 3-year period shall commence when such family's rent again would exceed the applicable ceiling rents; after the expiration of any 3-year continuous period during which ceiling rents are fully applied to limit a family's rent, the reduction in such family's rent that would otherwise result from full application of the ceiling rents shall be successively decreased so that (I) during the 4th year, the family shall receive 85 percent of the reduction that would result if the ceiling rents were fully applied; (II) during the 5th year, the family shall receive 65 percent of such reduction; (III) during the 6th year, the family shall receive 40 percent of such reduction; and (IV) during the 7th and subsequent years the family shall not receive any reduction in rent as a result of the adoption of ceiling rents; the commencement of a family's initial 3-year eligibility or subsequent 3-year reeligibility for full ceiling rent limitations and the commencement of each reduction in the full application of ceiling rents as provided in this clause shall, in the case of each family, occur not later than the effective date of such family's annual redetermination of rent and family composition in accordance with its public housing lease. ``(G) Ceiling rents authorized under this paragraph shall not be applicable to any project which is designated as housing for elderly persons. ``(H) For purposes of this paragraph-- ``(i) the term `ceiling rent' means the maximum amount of rent, adopted by a public housing agency and approved by the Secretary pursuant to this subparagraph, that may be charged to a family; and ``(ii) the term `project' means a building or group of buildings containing public housing units and having a common identity and management, as determined by the public housing agency; a project need not contain buildings or sets of buildings having the same project number assigned by the Secretary or all of the buildings or sets of buildings having the same such number.''. SEC. 3. EARNED INCOME EXCLUSIONS. Section 3(b)(5) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(5)) is amended-- (1) in subparagraph (C)-- (A) by striking ``and'' before ``(ii)''; and (B) by inserting before the semicolon at the end the following; ``; and (iii) to the extent documented, the amount actually paid by the family for health insurance coverage for any members of the family residing in the household who, at the time, are not receiving or approved to receive any assistance for health care from the Federal Government or any State government''; (2) by striking subparagraph (E) and inserting the following new subparagraph: ``(E) in the case of an elderly family, 10 percent of the earned income of the family, and, in the case of a nonelderly family, 20 percent of the earned income of the family;''; (3) in subparagraph (F), by striking ``and'' at the end; (4) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following new subparagraphs: ``(H) in the case of 2-parent families with children (as defined by the Secretary by regulation), an amount not to exceed an additional 10 percent of the earned income of the family; and ``(I) in the case of a family residing in public housing, of any earned income of any formerly dependent child who is a member of the family-- ``(i) 100 percent of such earned income during the period beginning on the date of the first redetermination of the rent for and family composition of the family that occurs after the child reaches 18 years of age and ending upon the commencement of the period under clause (ii); ``(ii) 85 percent of such earned income during the period beginning on the date of the first redetermination of the rent for and family composition of the family that occurs after the child reaches 21 years of age and ending upon the commencement of the period under clause (iii); ``(iii) 65 percent of such earned income during the period beginning on the date of the first redetermination of the rent for and family composition of the family that occurs after the child reaches 22 years of age and ending upon the commencement of the period under clause (iv); ``(iv) 40 percent of such earned income during the 1-year period beginning on the date of the first redetermination of the rent for and family composition of the family that occurs after the child reaches 23 years of age.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect 120 days after the date of the enactment of this Act. SEC. 5. IMPLEMENTATION. The Secretary shall issue any final regulations necessary to implement the amendments made by this Act, which shall take effect not later than the effective date under section 4 for the amendments. The regulations shall be issued after notice and opportunity for public comment in accordance with the procedures under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).

Public Housing Rent Reform Act - Amends the United States Housing Act of 1937 to: (1) revise public housing maximum rent provisions; and (2) exclude private health insurance payments and increase and expand earned income exclusions from related income eligibility determinations.

Public Housing Rent Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carrizo Plain National Conservation Area Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) The public lands administered by the Bureau of Land Management in the State of California within the Carrizo Plain contain the last remnants of the once vast San Joaquin Valley grasslands that covered a large expanse of central California. (2) As a remnant ecosystem, these lands provide the best remaining contiguous habitat for a number of State or federally listed endangered species or threatened species, including the San Joaquin kit fox, the blunt-nosed leopard lizard, the giant kangaroo rat, and the San Joaquin antelope squirrel, and numerous other federally or State listed or sensitive plant and animal species. Many other important species of native wildlife inhabit the area, such as pronghorn antelope and tule elk. (3) In addition to its biological diversity, Carrizo Plain contains nationally significant cultural and historical sites which are very important to indigenous peoples in the area for religious and traditional cultural purposes. (4) The Carrizo Plain area also contains one of the best and most visible exposures of the geologically unique San Andreas fault, which is the boundary between the Pacific Plate (on the west) which moves northward relative to the North American Plate (on the east) and has and will continue to play a critical role in the evolution and future of California. (5) The Carrizo Plain offers unique research, interpretive, and educational opportunities, and significant recreation opportunities for the public. (6) Since 1985, the Carrizo Plain has been cooperatively managed by the Bureau of Land Management, the California Department of Fish and Game, and The Nature Conservancy, each of which owns a part of the Carrizo Plain and all of which work closely together in a manner that makes jurisdictional differences among them nearly transparent. (7) A cooperative management plan has been prepared for the Carrizo Plain by the Bureau of Land Management, the California Department of Fish and Game, and The Nature Conservancy, with full public involvement, that sets the stage for long-term joint management of the area for public use and enjoyment. (8) This management plan is based on the agencies' joint primary mission as set forth in the plan to ``manage the Carrizo Plain . . . so indigenous species interact within a dynamic and fully functioning ecosystem in perpetuity while conserving unique natural and cultural resources and maintaining opportunities for compatible scientific, cultural, social, and recreational activities''. In this context, and under the basic principles of multiple use and sustained yield, other resource uses, such as livestock grazing and recreation use, are allowed under the management plan in the conservation area if they are managed in a manner compatible with that primary mission. SEC. 3. ESTABLISHMENT OF THE NATIONAL CONSERVATION AREA. (a) Establishment and Purposes.--To preserve the nationally significant biological, geological, cultural, and recreation values found in the Carrizo Plain, California, as an enduring legacy of our heritage, and to secure for future generations the opportunity to experience those values in an environment rich in biological diversity and natural beauty, the area described in subsection (b) is hereby designated as the Carrizo Plain National Conservation Area. (b) Area Described.-- (1) Boundary map.--The area referred to in subsection (a) consists of approximately 250,000 acres of lands and waters, and interests therein, as generally depicted on the map entitled ``Boundary Map, Carrizo Plain National Conservation Area'', dated February 1999. (2) Legal description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall file a legal description of the conservation area with the Committee on Resources of the House of Representatives and with the Committee on Energy and Natural Resources of the Senate. Such legal description shall have the same force and effect as if included in this Act, subject to paragraph (3). (3) Revisions and corrections.--The Secretary may-- (A) make minor revisions in the boundary of the conservation area; and (B) correct clerical and typographical errors in the map and legal description referred to in paragraphs (1) and (2), respectively. (4) Public availability.--The Secretary shall keep the map and legal description referred to in paragraphs (1) and (2), respectively, on file and available for public inspection in the offices of the Director in the District of Columbia and in Sacramento and Bakersfield, California. SEC. 4. MANAGEMENT OF THE CONSERVATION AREA. (a) In General.--The Secretary, acting through the Director, shall manage the public lands within the conservation area in a manner that conserves, protects, and enhances its resources and values in accordance with this Act, and pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and in accordance with all applicable laws and the management plan. (b) Uses.--The Secretary shall allow only such uses of the conservation area as the Secretary finds will further the purposes for which the conservation area is designated. (c) Vehicular Use.--Use of motorized vehicles or mechanized transport in the conservation area is prohibited, except-- (1) where needed for administrative purposes or to respond to an emergency; or (2) on roads and trails that-- (A) existed as of May 11, 1999; and (B) are specifically designated for such use as part of the management plan revised pursuant to subsection (g). (d) Hunting and Fishing.--Hunting and fishing shall be permitted within the conservation area in accordance with applicable laws and regulations of the United States and the State of California; except that the Secretary, after consultation with the California Department of Fish and Game, may issue regulations designating zones where and establishing periods when no hunting or fishing shall be permitted for reasons of public safety, administration, or public use and enjoyment. (e) Grazing.--Livestock grazing within the conservation area shall be conducted in a manner that is compatible with the purposes for which the conservation area is established. The management plan revised pursuant to subsection (g) shall specify resource objectives to be met through grazing within the conservation area. (f) Interpretive Sites.--The Secretary may establish, in cooperation with other public or private entities as the Secretary may consider appropriate, interpretive sites that are minimal in scope to meet administrative and visitor needs of the conservation area. Any facilities for such sites shall be designed to protect cultural, historic, biologic, scientific, and esthetic values of the conservation area. (g) Review and Revision of Management Plan.--The Secretary of the Interior, in cooperation with the Director, the California Department of Fish and Game, affected landowners, and The Nature Conservancy-- (1) shall, by not later than 1 year after the date of the enactment of this Act, review the management plan referred to in section 9(4) and make such revisions in that plan as are necessary to ensure that it is consistent with the this Act and with the conservation, enhancement, and protection of the conservation area; and (2) may from time to time thereafter make such revisions as are necessary to ensure that consistency. (h) Gifts.--The Secretary may accept, receive, hold, administer, and use any gift, devise, or bequest, absolutely or in trust, of real or personal property, including any income from or interest in property or any funds, for management of the conservation area for the purposes for which the conservation area is established under section 3(a). (i) Funding Account.-- (1) In general.--To fund management activities for the conservation area, there is established in the Treasury a separate account to be known as the Carizzo Plain National Conservation Area Management Fund. (2) Contents.--The account shall consist of-- (A) amounts received as fees for activities in the conservation area; (B) amounts received by the United States as a gift, devise, or bequest authorized by subsection (h); and (C) amounts appropriated to the account. (3) Use.--Amounts in the account shall be available to the Secretary for management of the conservation area pursuant to the purposes for which the conservation is established under section 3(a). (j) Advisory Council.-- (1) Establishment.--The Secretary shall establish a Carrizo Plain National Conservation Area Advisory Council to advise the Secretary with respect to preparation and implementation of the management plan pursuant to subsection (g). The Advisory Council shall conform to the requirements of the Federal Advisory Committee Act (88 Stat. 770; 5 U.S.C. App.) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (2) Representation.--The Advisory Council shall consist of 15 members to be appointed by the Secretary. The members shall be persons with local and regional involvement as well as recognized backgrounds in areas directly related to the purposes for which the conservation area is designated. SEC. 5. LAND ACQUISITION. (a) Land Acquisition.--The Secretary may acquire lands and interests therein within the conservation area by donation, by exchange, or by purchase with the consent of the owner thereof. (b) Management.--Lands or interests therein within the conservation area so acquired by the United States shall, after the date of the enactment of this Act, be incorporated into and managed as part of the conservation area. SEC. 6. WITHDRAWAL; MINERAL DEVELOPMENT. (a) Withdrawal.--Subject to valid existing rights, all Federal lands within the conservation area, including all lands or interests acquired by the United States after the date of enactment of this Act, are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws and from location, entry, and patent under the mining laws of the United States. (b) Mineral Development.-- (1) In general.--Except as provided in paragraph (2), mineral development may occur in the conservation area pursuant to the Act of February 25, 1920 (30 U.S.C. 181 et seq.; popularly known as the Mineral Leasing Act), and laws supplementary thereto, or the Act of July 31, 1947 (30 U.S.C. 601 et seq.; popularly known as the Materials Act of 1947), and laws supplementary thereto, only to the extent that development is consistent with the management plan. (2) State and private lands and interests not affected.-- This subsection shall not affect any State or privately owned lands or interests in lands. SEC. 7. COOPERATIVE AGREEMENTS. The Secretary may, consistent with the management plan, enter into any cooperative agreements or shared management arrangements with any person for the purposes of management, interpretation, and research of the conservation area's resources. SEC. 8. NATIVE AMERICAN USES. (a) Native American Uses.--The Secretary shall ensure nonexclusive access to and use of the public lands in the conservation area by Native Americans for traditional cultural and religious purposes consistent with the American Indian Religious Freedom Act (42 U.S.C. 1996). (b) Temporary Closure.--To implement this section, the Secretary may from time to time temporarily close to general public use any specific areas of public lands in the conservation area in order to protect the privacy of Native American religious activities in such areas. Any such closure shall be made in such manner as will affect the smallest practicable area for the minimum period necessary for such purposes. SEC. 9. DEFINITIONS. In this Act: (1) Conservation area.--The term ``conservation area'' means the Carrizo Plain National Conservation Area designated under section 3(a). (2) California department of fish and game.--The term ``California Department of Fish and Game'' means the public entity within the State of California's Resources Agency established by the laws of the State of California to administer the fish and wildlife resources in the State on behalf of the people of California. (3) Director.--The term ``Director'' means the Director of the Bureau of Land Management. (4) Management plan.--The term ``management plan'' means the management plan developed cooperatively by the Bureau of Land Management, the California Department of Fish and Game, and The Nature Conservancy, entitled ``The Carrizo Plain Natural Area Management Plan'' and dated November 1996, as such plan may be revised by the Secretary under section 4(b). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) The nature conservancy.--The term ``The Nature Conservancy'' means the nonprofit organization established under laws of the State of Virginia and doing business in that name.

Requires the Secretary, in cooperation with the Director, the California Department of Fish and Game, affected landowners, and The Nature Conservancy, to review and make any necessary revisions to the existing management plan. Establishes in the Treasury a separate Carrizo Plain National Conservation Area Management Fund. Directs the Secretary to establish a Carrizo Plain National Conservation Area Advisory Council for advice and recommendations with respect to management plan preparation and implementation. Authorizes the Secretary to acquire nongovernment, privately owned lands and interests within the conservation area by donation, exchange, or purchase with the owner's consent. Withdraws all Federal lands within the conservation area, including all subsequently acquired lands or interests, from all forms of entry, appropriation, or disposal under the public land laws and from location, entry, and patent under Federal mining laws. Allows mineral development in the conservation area only to the extent consistent with the management plan. Authorizes the Secretary to enter into cooperative agreements or shared management arrangements with any person for management, interpretation, and research of the conservation area's resources. Directs the Secretary to ensure nonexclusive access to and use of the public lands in the conservation area by Native Americans for traditional cultural and religious purposes consistent with the American Indian Religious Freedom Act. Permits the Secretary from time to time temporarily to specific areas in such lands close to general public use in order to protect the privacy of Native American religious activities.

Carrizo Plain National Conservation Area Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``New Economy Tax Fairness Act or NET FAIR Act''. SEC. 2. JURISDICTIONAL STANDARDS FOR THE IMPOSITION OF STATE AND LOCAL BUSINESS ACTIVITY, SALES, AND USE TAX OBLIGATIONS ON INTERSTATE COMMERCE. Title I of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved on September 14, 1959 (15 U.S.C. 381 et seq.), is amended to read as follows: ``TITLE I--JURISDICTIONAL STANDARDS ``SEC. 101. IMPOSITION OF STATE AND LOCAL BUSINESS ACTIVITY, SALES, AND USE TAX OBLIGATIONS ON INTERSTATE COMMERCE. ``(a) In General.--No State shall have power to impose, for any taxable year ending after the date of enactment of this title, a business activity tax or a duty to collect and remit a sales or use tax on the income derived within such State by any person from interstate commerce, unless such person has a substantial physical presence in such State. A substantial physical presence is not established if the only business activities within such State by or on behalf of such person during such taxable year are any or all of the following: ``(1) The solicitation of orders or contracts by such person or such person's representative in such State for sales of tangible or intangible personal property or services, which orders or contracts are approved or rejected outside the State, and, if approved, are fulfilled by shipment or delivery of such property from a point outside the State or the performance of such services outside the State. ``(2) The solicitation of orders or contracts by such person or such person's representative in such State in the name of or for the benefit of a prospective customer of such person, if orders or contracts by such customer to such person to enable such customer to fill orders or contracts resulting from such solicitation are orders or contracts described in paragraph (1). ``(3) The presence or use of intangible personal property in such State, including patents, copyrights, trademarks, logos, securities, contracts, money, deposits, loans, electronic or digital signals, and web pages, whether or not subject to licenses, franchises, or other agreements. ``(4) The use of the Internet to create or maintain a World Wide Web site accessible by persons in such State. ``(5) The use of an Internet service provider, on-line service provider, internetwork communication service provider, or other Internet access service provider, or World Wide Web hosting services to maintain or take and process orders via a web page or site on a computer that is physically located in such State. ``(6) The use of any service provider for transmission of communications, whether by cable, satellite, radio, telecommunications, or other similar system. ``(7) The affiliation with a person located in the State, unless-- ``(A) the person located in the State is the person's agent under the terms and conditions of subsection (d); and ``(B) the activity of the agent in the State constitutes substantial physical presence under this subsection. ``(8) The use of an unaffiliated representative or independent contractor in such State for the purpose of performing warranty or repair services with respect to tangible or intangible personal property sold by a person located outside the State. ``(b) Domestic Corporations; Persons Domiciled in or Residents of a State.--The provisions of subsection (a) shall not apply to the imposition of a business activity tax or a duty to collect and remit a sales or use tax by any State with respect to-- ``(1) any corporation which is incorporated under the laws of such State; or ``(2) any individual who, under the laws of such State, is domiciled in, or a resident of, such State. ``(c) Sales or Solicitation of Orders or Contracts for Sales by Independent Contractors.--For purposes of subsection (a), a person shall not be considered to have engaged in business activities within a State during any taxable year merely by reason of sales of tangible or intangible personal property or services in such State, or the solicitation of orders or contracts for such sales in such State, on behalf of such person by one or more independent contractors, or by reason of the maintenance of an office in such State by one or more independent contractors whose activities on behalf of such person in such State consist solely of making such sales, or soliciting orders or contracts for such sales. ``(d) Attribution of Activities and Presence.--For purposes of this section, the substantial physical presence of any person shall not be attributed to any other person absent the establishment of an agency relationship between such persons that-- ``(1) results from the consent by both persons that one person act on behalf and subject to the control of the other; and ``(2) relates to the activities of the person within the State. ``(e) Definitions.--For purposes of this title-- ``(1) Business activity tax.--The term `business activity tax' means a tax imposed on, or measured by, net income, a business license tax, a business and occupation tax, a franchise tax, a single business tax or a capital stock tax, or any similar tax or fee imposed by a State. ``(2) Independent contractor.--The term `independent contractor' means a commission agent, broker, or other independent contractor who is engaged in selling, or soliciting orders or contracts for the sale of, tangible or intangible personal property or services for more than one principal and who holds himself or herself out as such in the regular course of his or her business activities. ``(3) Internet.--The term `Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such Protocol. ``(4) Internet access.--The term `Internet access' means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as a part of a package of services offered to users. ``(5) Representative.--The term `representative' does not include an independent contractor. ``(6) Sales tax.--The term `sales tax' means a tax that is-- ``(A) imposed on or incident to the sale of tangible or intangible personal property or services as may be defined or specified under the laws imposing such tax; and ``(B) measured by the amount of the sales price, cost, charge, or other value of or for such property or services. ``(7) Solicitation of orders or contracts.--The term `solicitation of orders or contracts' includes activities normally ancillary to such solicitation. ``(8) State.--The term `State' means any of the several States, the District of Columbia, or any territory or possession of the United States, or any political subdivision thereof. ``(9) Use tax.--The term `use tax' means a tax that is-- ``(A) imposed on the purchase, storage, consumption, distribution, or other use of tangible or intangible personal property or services as may be defined or specified under the laws imposing such tax; and ``(B) measured by the purchase price of such property or services. ``(10) World wide web.--The term `World Wide Web' means a computer server-based file archive accessible, over the Internet, using a hypertext transfer protocol, file transfer protocol, or other similar protocols. ``(f) Application of Section.--This section shall not be construed to limit, in any way, constitutional restrictions otherwise existing on State taxing authority. ``SEC. 102. ASSESSMENT OF BUSINESS ACTIVITY TAXES. ``(a) Limitations.--No State shall have power to assess after the date of enactment of this title any business activity tax which was imposed by such State or political subdivision for any taxable year ending on or before such date, on the income derived for activities within such State that affect interstate commerce, if the imposition of such tax for a taxable year ending after such date is prohibited by section 101. ``(b) Collections.--The provisions of subsection (a) shall not be construed-- ``(1) to invalidate the collection on or before the date of enactment of this title of any business activity tax imposed for a taxable year ending on or before such date; or ``(2) to prohibit the collection after such date of any business activity tax which was assessed on or before such date for a taxable year ending on or before such date. ``SEC. 103. TERMINATION OF SUBSTANTIAL PHYSICAL PRESENCE. ``If a State has imposed a business activity tax or a duty to collect and remit a sales or use tax on a person as described in section 101, and the person so obligated no longer has a substantial physical presence in that State, the obligation to pay a business activity tax or to collect and remit a sales or use tax on behalf of that State applies only for the period in which the person has a substantial physical presence. ``SEC. 104. SEPARABILITY. ``If any provision of this title or the application of such provision to any person or circumstance is held invalid, the remainder of this title or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.''.

New Economy Tax Fairness Act or NET FAIR Act - Amends Federal law providing jurisdictional standards for the imposition of State and local business activity, sales, and use taxes on interstate commerce to prohibit a State from imposing any such tax on income derived from interstate commerce unless such person has a substantial physical presence in such State. States that a substantial physical presence does not exist if the only business activities within such State include, among other things: (1) the presence or use of intangible personal property in such State; (2) the use of the Internet or an Internet service provider within such State to maintain, take, or process orders; and (3) affiliation with a person within such State or the use of an unaffiliated representative or independent contractor in such State. Provides that the substantial physical presence of any person shall not be attributed to any other person absent the establishment of a relationship that: (1) results from the consent by both persons that one person act on the other's behalf and subject to their control; and (2) relates to the activities of the person within the State.Prohibits a State from assessing any business activity tax which was imposed prior to this Act, if the imposition of such tax is prohibited, above.Terminates a person's obligation to pay State-imposed business activity, sales, or use tax if such person no longer has a substantial physical presence in that State.

A bill to provide jurisdictional standards for the imposition of State and local tax obligations on interstate commerce, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Pension Investments Modernization Act of 2014''. SEC. 2. CONSIDERATION OF FIRM-SPECIFIC RISKS AND INCLUSION OF DIVERSE ASSET MANAGERS IN ERISA PLANS. (a) In General.--Section 404(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) by designating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: ``(D) in any case in which the fiduciary appoints an investment manager or managers to manage any assets of a plan under section 402(c)(3), or business enterprise or enterprises for brokerage and investment banking services, by establishing policies under which the fiduciary will consider-- ``(i) the concentration level of the plan's exposure to firm-specific risks, including operational, compliance, and fraud risks; ``(ii) the inclusion, to the greatest extent feasible, of minority business enterprises for brokerage and investment banking services; and ``(iii) the utilization of diverse asset managers, taking into consideration the investment opportunities they offer in sectors, strategies, geographies, and demographics not meaningfully available to the plans.''; and (2) by inserting at the end the following: ``(3)(A) For purposes of this subsection, the term `minority business enterprise' means any business entity-- ``(i) not less than 51 percent of which is owned by one or more individuals described in subparagraph (C) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by such individuals; or ``(ii)(I) not less than 35 percent of which is owned by one or more individuals described in subparagraph (C) or, in the case of any publicly owned business, not less than 35 percent of the stock of which is owned by such individuals; and ``(II) the management and daily business operations of which are controlled by one or more individuals described in subparagraph (C). ``(B) For purposes of this subsection, the term `diverse asset manager' means a minority business enterprise that manages an investment portfolio of at least $100,000,000 and not more than $25,000,000,000. ``(C) An individual described in this subparagraph is-- ``(i) an African-American, Hispanic-American, Asian Pacific American, Subcontinent Asian American, or Native American; ``(ii) a woman; or ``(iii) a veteran (as defined in section 101(2) of title 38, United States Code).''. (b) Issuance of Guidance by Secretary of Labor.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall issue guidance relating to the requirement imposed by section 404(a)(1)(D) of such Act (as amended by subsection (a)). In issuing guidance under this subsection, the Secretary of Labor shall consider successful practices from State, local, and private-sector retirement systems' utilization of diverse and emerging asset managers and of minority business enterprises for brokerage and investment banking services, including established efforts, programs, plans, and goals designed to increase their participation in financial services, and providing pension plans with greater access to investment opportunities that may otherwise be overlooked. SEC. 3. CONSIDERATION OF FIRM-SPECIFIC RISKS AND INCLUSION OF DIVERSE ASSET MANAGERS IN THE THRIFT SAVINGS PLAN. (a) In General.--Section 8472 of title 5, United States Code, is amended by adding at the end the following: ``(k) In establishing policies under subsection (f)(1)(A), the Board shall take into account the guidance issued by the Secretary of Labor pursuant to section 404(a)(1)(D) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)).''. (b) Conforming Amendment.--Section 8477(b)(1)(C) of such title is amended by inserting after ``of this title,'' the following: ``and consistent with the policies developed under section 8472(k),''. SEC. 4. ACTIVE MANAGEMENT OPTION UNDER THE THRIFT SAVINGS PLAN. (a) In General.--Subchapter III of chapter 84 of title 5, United States Code, is amended by inserting at the end the following: ``Sec. 8440g. Active management option ``(a) The Board shall provide employees and Members and former employees or Members the option to participate in actively managed funds within such employee or Member's Thrift Savings Fund account. Such option or options shall allow not more than 20 percent of an employee or Member's (or former employee or Member's) funds to be actively managed. ``(b) Notwithstanding the requirement of subsection (a), the Board may not subject more than 20 percent of the total assets under management of the Thrift Savings Fund to active management. ``(c) The Board shall promulgate guidelines regarding the active management of funds under this section. In promulgating such guidelines, the Board shall consider modern and successful practices from State, local, and private-sector retirement systems' utilization of active management strategies in order to-- ``(1) reduce market downside risks to the best extent possible, including dramatic swings in major market indexes; ``(2) take advantage of research and investment opportunities offered by small-, minority-, women- and veteran- owned firms that specialize in less traditional asset classes, or less efficient market segments with high-growth potentials, including investments in sectors, strategies, geographies and demographics that are not meaningfully available to large passively invested funds; and ``(3) take advantage of more effective portfolio designs that diversify across active and passive investment strategies and managers.''. (b) Clerical Amendment.--The table of sections for such subchapter is amended by adding after the item relating to section 8440f the following new item: ``8440g. Active management option.''. SEC. 5. REPORTS. Not later than 1 year after the issuance of guidance under section 2(b) and annually thereafter, the Secretary of Labor and the Chairman of the Federal Retirement Thrift Investment Board shall submit a report to Congress on the progress achieved and efforts being made to implement the amendments made by sections 2 and 3, respectively. Such report shall include such recommendations as the Secretary and the Chairman, respectively, deem necessary or appropriate. In addition, each report shall include-- (1) an assessment of the extent to which compliance with the requirements contained in such amendments is being achieved; (2) a summary of the enforcement actions taken by each of the agencies assigned administrative enforcement responsibilities for such requirements; (3) to the extent feasible, with respect to the Thrift Savings Plan and terminated plans within the meaning of title IV of the Employee Retirement Income Security Act of 1974-- (A) a list of all asset management firms (minority- owned and others) to which plan funds were allocated, and the amount allocated to each asset management firm; (B) the fees charged by each asset management firm, including proceeds from security lending, if any; (C) the list of all firms (minority-owned and others) used for brokerage and investment banking services, and the amount of transactions executed; and (D) the fees charged by each firm used for brokerage and investment banking services. SEC. 6. EFFECTIVE DATE. The amendments made by sections 2 and 3 shall apply with respect to plan years beginning at least 9 months after the issuance of guidance under section 2(b).

American Pension Investments Modernization Act of 2014 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the fiduciary of an employee benefit plan to establish policies for appointment of an investment manager or managers to manage any plan assets or business enterprise or enterprises for brokerage and investment banking services. Requires the fiduciary, under these policies, to consider: the concentration level of the plan's exposure to firm-specific risks, including operational, compliance, and fraud risks; the inclusion, to the greatest extent feasible, of minority business enterprises for brokerage and investment banking services (including enterprises owned or controlled by specified percentages of African-Americans, Hispanic-Americans, Asian Pacific Americans, Subcontinent Asian Americans, Native Americans, women, or veterans); and the utilization of diverse asset managers, taking into consideration the investment opportunities they offer in sectors, strategies, geographies, and demographics not meaningfully available to the plans. Defines "diverse asset manager" as a minority business enterprise that manages an investment portfolio of between $100 million and $25 billion. Directs the Secretary of Labor to issue related guidance and requires the Federal Retirement Thrift Investment Board (FRTIB) under the Federal Employees Retirement System (FERS) to take this guidance into account. Directs the FRTIB to give current and former federal employees and Members of Congress in FERS the option to participate in actively managed funds within the employee's or Member's Thrift Savings Fund account (but no more than 20% of a current or former employee's or Member's funds). Prohibits the FRTIB from subjecting more than 20% of the total assets under management of the Thrift Savings Fund to active management.

American Pension Investments Modernization Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Extractive Industries Transparency Disclosure Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Each year corporations pay billions of dollars to foreign governments and their affiliates for natural resources, such as oil, gas, coal, copper, diamonds, and other extracted minerals. (2) Developing countries that derive a significant portion of their revenues from natural resource extraction tend to have higher poverty rates, weaker governance, higher rates of conflict, and poorer development records than those countries that do not rely on resource revenues. Since revenues derived from natural resource extraction are often a singular opportunity for some developing countries to structure programs and institutions to broaden the collective and individual wealth of their citizens, it is imperative that the uses of such funds are closely monitored. (3) There is a growing consensus among oil, gas, and mining companies that transparency is good for business, since it improves the business climate in which they work and fosters good governance and accountability. (4) Transparency benefits shareholders because of their desire to know the amount of such payments in order to assess financial risk, compare payments from country to country, and assess whether such payments help to create a more stable investment climate; moreover, undisclosed payments may be perceived as corrupt and to the detriment of the image of the corporation. (5) It is in the United States best interest to promote transparency, since transparency contributes to a better investment climate, a more stable commodity supply, and greater energy security. SEC. 3. ADDITIONAL ANNUAL REPORT DISCLOSURES REQUIRED. (a) Amendment.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following new subsection: ``(m) Disclosure of Payment for Resource Extraction.-- ``(1) Disclosures required.--The Commission shall modify the rules prescribed under subsection (b) to require that each issuer required to file an annual report with the Commission shall disclose in such report the total amounts, for each foreign country and for each category of payment for each foreign country, of any and all payments made, directly or indirectly, by the issuer or any of its subsidiaries, to an agency or instrumentality of a foreign government-- ``(A) for natural resources in a foreign country; or ``(B) in any connection with the extraction of natural resources from a foreign country. ``(2) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Agency or instrumentality of a foreign government.--The term `agency or instrumentality of a foreign government' means-- ``(i) a foreign government; ``(ii) a department, ministry, agency, office, officer, employee, legislator, representative, subdivision, or agent of a foreign government; ``(iii) a person that is directly or indirectly owned, controlled, or employed by one or more of the persons or entities described in clause (i) or (ii); ``(iv) an account, trust, or other device held for the benefit of any of the persons or entities described in clause (i), (ii), or (iii); or ``(v) an entity controlled by the state, such as a state-owned oil company, and its agents. ``(B) Category of payment.--The term `category of payment', for any payment or transfer, means the category described in any of clauses (i) through (viii) of subparagraph (G) that most closely describes such payment or transfer. ``(C) Extraction.--The term `extraction' means-- ``(i) the search for any natural resource, in its natural deposits and original locations; ``(ii) the acquisition of property rights, licenses, or properties for the purpose of further exploration or for the purpose of removing any natural resource from existing deposits on those properties, or both; ``(iii) the construction, drilling, and production activities necessary to retrieve any natural resource from its natural deposit, and the acquisition, construction, installation, and maintenance of field gathering and storage systems, including lifting any other natural resource to the surface and gathering, treating, field processing, and field storage; ``(iv) the transportation of any natural resource through the territory of any foreign country by any means; ``(v) the export of any natural resource from an intermediary country; ``(vi) the acquisition of any concession, permission, permit, right, or other authorization from a foreign government necessary or desirable to conduct any of the activities described in clauses (i) through (v); or ``(vii) any combination of the activities described in clauses (i) through (vi). ``(D) Foreign country.--The term `foreign country' means any country other than the United States. ``(E) Foreign government.--The term `foreign government' means the government of any foreign country. ``(F) Natural resources.--The term `natural resources' means-- ``(i) oil and gas reserves, metal ores, gemstones, industrial materials, and coal; and ``(ii) any other commodity of commercial value produced by the extraction of natural resources, in its natural or refined state, that the Commission shall, by regulation, determine should be subject to the reporting requirements of this subsection in order to carry out the purposes of this subsection due to the significance of the amounts being paid therefor by one or more issuers. ``(G) Payments.--The term `payments' means any transfer or payment of any kind, either direct or indirect, and irrespective of the amount, and in any form whatsoever, including-- ``(i) host government's production entitlements; ``(ii) national state-owned company production entitlements; ``(iii) profits taxes; ``(iv) royalties; ``(v) dividends; ``(vi) bonuses (such as signature, discovery, or production bonuses); ``(vii) license fees, rental fees, entry fees, and other considerations for licenses or concessions; and ``(viii) other benefits to the foreign government or the agency or instrumentality of the foreign government that have a value of not less that $100,000.''. (b) Deadline.--The Securities and Exchange Commission shall prescribe the modifications to its rules required by section 13(m) of the Securities Exchange Act of 1934 (as added by the amendment made by subsection (a) of this section) not later than 90 days after the date of enactment of this Act, and shall make such modifications effective with respect to the annual reports of issuers with respect to the fiscal years of issuers ending on or after January 1, 2009. (c) Public Availability of Information.--The Securities and Exchange Commission shall, by rule or regulation, provide that the information filed by all issuers pursuant to such section 13(m) be compiled so that it is accessible by the public directly, and in a compiled format, from the website of the Commission without separately accessing on the EDGAR system the annual reports of each issuer filing such information.

Extractive Industries Transparency Disclosure Act - Amends the Securities Exchange Act of 1934 to instruct the Securities and Exchange Commission (SEC) to require specified annual reports of an issuer to disclose the total payments made to an agency or instrumentality of a foreign government: (1) for natural resources in a foreign country; or (2) in connection with the extraction of natural resources from a foreign country. Requires compilation of such information so that it is accessible by the public directly from the SEC website without separately accessing the annual reports of each issuer filing the information on the EDGAR system.

A bill to require, for the benefit of shareholders, the disclosure of payments to foreign governments for the extraction of natural resources, to allow such shareholders more appropriately to determine associated risks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Student Aid for All Act''. SEC. 2. INCREASING UNSUBSIDIZED STAFFORD LOAN LIMITS FOR UNDERGRADUATE STUDENTS. (a) Amendments.--Section 428H(d) of the Higher Education Act of 1965 (20 U.S.C. 1078-8(d)) is amended-- (1) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting ``paragraphs (2) through (5)''; and (2) by adding at the end the following: ``(4) Annual and aggregate limits for undergraduate dependent students.-- ``(A) Annual limits.--The maximum annual amount of loans under this section an undergraduate dependent student (except an undergraduate dependent student whose parents are unable to borrow under section 428B or the Federal Direct PLUS Loan Program) may borrow in any academic year (as defined in section 481(a)(2)) or its equivalent shall be the sum of the amount determined under paragraph (1), plus $1,000. ``(B) Aggregate limits.--The maximum aggregate amount of loans under this section a student described in subparagraph (A) may borrow shall be $29,500. Interest capitalized shall not be deemed to exceed such maximum aggregate amount. ``(5) Annual and aggregate limits for undergraduate independent students.-- ``(A) Annual limits.--The maximum annual amount of loans under this section an undergraduate independent student, or an undergraduate dependent student whose parents are unable to borrow under section 428B or the Federal Direct PLUS Loan Program, may borrow in any academic year (as defined in section 481(a)(2)) or its equivalent shall be the sum of the amount determined under paragraph (1), plus-- ``(i) in the case of such a student attending an eligible institution who has not completed such student's first 2 years of undergraduate study-- ``(I) $6,000, if such student is enrolled in a program whose length is at least one academic year in length; or ``(II) if such student is enrolled in a program of undergraduate education which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in clause (i) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year; ``(ii) in the case of such a student at an eligible institution who has successfully completed such first and second years but has not successfully completed the remainder of a program of undergraduate education-- ``(I) $7,000; or ``(II) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year; and ``(iii) in the case of such a student enrolled in coursework specified in sections 484(b)(3)(B) and 484(b)(4)(B), $6,000 for coursework necessary for enrollment in an undergraduate degree or certificate program. ``(B) Aggregate limits.--The maximum aggregate amount of loans under this section a student described in subparagraph (A) may borrow shall be $57,500. Interest capitalized shall not be deemed to exceed such maximum aggregate amount.''. (b) Conforming Amendments.--Section 428H(d) of the Higher Education Act of 1965 (as amended by subsection (a)) (20 U.S.C. 1078-8(d)) is further amended-- (1) in paragraph (2)-- (A) in the paragraph heading, by striking ``independent, graduate,'' and inserting ``graduate''; (B) in the matter preceding subparagraph (A), by striking ``an independent student'' and all that follows through ``Program)'' and inserting ``a student who is a graduate or professional student''; (C) by striking subparagraphs (A) and (B); (D) in subparagraph (D)-- (i) in the matter preceding clause (i), by inserting ``graduate'' before ``student''; (ii) in clause (i), by striking ``$4,000'' and all that follows through ``degree,''; and (iii) in clause (ii), by striking ``in the case'' and all that follows through ``degree,''; and (E) by redesignating subparagraphs (C) and (D) (as amended by subparagraph (D)) as subparagraphs (A) and (B), respectively; and (2) in the paragraph heading of paragraph (3), by striking ``independent, graduate,'' and inserting ``graduate''. SEC. 3. IN-SCHOOL DEFERMENT OF PLUS LOANS. Section 428B(d)(1) of the Higher Education Act of 1965 (20 U.S.C. 1078-2(d)(1)) is amended-- (1) by striking ``deferral during'' and inserting ``deferral-- ``(B) during''; and (2) by inserting before subparagraph (B) (as added by paragraph (1)) the following: ``(A) in the case of the parents of a dependent student, until the student ceases to be enrolled in an undergraduate program of study at an institution of higher education on at least a half-time basis; or''. SEC. 4. SECONDARY MARKET OF LAST RESORT. (a) In General.--Part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) is amended by adding at the end the following: ``SEC. 440B. SECONDARY MARKET OF LAST RESORT. ``(a) In General.--Notwithstanding any other provision of this Act and subject to subsections (b), (c), and (d), the Secretary-- ``(1) shall serve as the secondary market of last resort for loans under section 428, 428B, 428C, or 428H; ``(2) shall buy any such loan that an eligible lender wishes to sell to the Secretary, at a price equal to the sum of-- ``(A) the total of the outstanding principal of such loan and any accrued, unpaid interest due on such loan; and ``(B) a premium in the amount equal to the cost of originating a similar loan under part D; ``(3) shall hold and service such loan under section 428, 428B, 428C or 428H in the same manner as the Secretary holds and services similar loans under part D; and ``(4) may not alter the terms and conditions of a promissory note of such loan under section 428, 428B, 428C, or 428H except as necessary to comply with paragraphs (1) through (3), and shall not require the execution of a new promissory note. ``(b) Representative Subset of Loans.--An eligible lender that wishes to sell to the Secretary loans under section 428, 428B, 428C, or 428H, that do not represent 100 percent of all loans under such sections that are held by the lender, shall offer for sale to the Secretary a subset of the loans under such sections held by the lender that is representative (including representative with respect to risk of default) of the lender's total portfolio of loans under such sections. ``(c) Sunset Provision.-- ``(1) In general.--Except as provided in paragraph (2), the authority provided to the Secretary under subsection (a) shall expire on July 1, 2009. ``(2) Extension.--If the Secretary determines that economic circumstances necessitate extending the authority provided under subsection (a) in order to continue to ensure timely, uninterrupted access to student loans, the Secretary may extend the sunset provision under paragraph (1). The Secretary may make multiple extensions under this paragraph, except that each such extension may not be for a period of more than 12 months.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act. SEC. 5. NEGATIVE EXPECTED FAMILY CONTRIBUTION. (a) Dependent Students.--Section 475 of the Higher Education Act of 1965 (20 U.S.C. 1087oo) is amended-- (1) in subsection (b)(3)-- (A) in subparagraph (C)-- (i) by striking ``dividing the assessment resulting under paragraph (2)'' and inserting ``if the amount of the assessment resulting under paragraph (2) is a positive number, dividing such assessment''; and (ii) by striking the semicolon and inserting a period; and (B) by striking the matter following subparagraph (C); and (2) in subsection (g)(6), by inserting ``and the absolute value of the amount of the lowest assessment of adjusted available income in the table described in section 475(e) (or a successor table prescribed by the Secretary under section 478),'' after ``subsection (c)(1)''. (b) Independent Students Without Dependents Other Than a Spouse.-- Section 476 of the Higher Education Act of 1965 (20 U.S.C. 1087pp) is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``dividing the sum resulting under paragraph (1)'' and inserting ``if the sum resulting under paragraph (1) is a positive number, dividing such sum''; and (B) in the matter following paragraph (3)(B), by striking ``less than zero'' and inserting ``less than the amount of the lowest assessment of adjusted available income in the table described in section 477(d) (or a successor table prescribed by the Secretary under section 478)''; and (2) in paragraph (b)(5), by inserting before the period at the end ``, except that in no case shall the assessed amount be less than the amount of the lowest assessment of adjusted available income in the table described in section 477(d) (or a successor table prescribed by the Secretary under section 478).''. (c) Independent Students With Dependents Other Than a Spouse.-- Section 477(a) of the Higher Education Act of 1965 (20 U.S.C. 1087qq(a)) is amended-- (1) in paragraph (3), by striking ``dividing the assessment resulting under paragraph (2)'' and inserting ``if the amount of the assessment resulting under paragraph (2) is a positive number, dividing such assessment''; (2) in paragraph (4)(B), by striking the semicolon and inserting a period; and (3) by striking the matter following paragraph (4)(B). (d) Assessment Schedules and Rates.--Section 478(e)(1) of the Higher Education Act of 1965 (20 U.S.C. 1087rr(e)(1)) is amended by striking ``increasing'' and inserting ``adjusting''. (e) Simplified Needs Tests.--- (1) Simplified needs tests.--Section 479(c) of the Higher Education Act of 1965 (20 U.S.C. 1087ss) is further amended-- (A) in the subsection heading, by striking ``Expected''; and (B) in the matter preceding paragraph (1), by striking ``equal to zero'' and inserting ``equal to the amount of the lowest assessment of adjusted available income in the table described in section 477(d) (or a successor table prescribed by the Secretary under section 478)''. (2) Conforming amendments to the college cost reduction and access act.-- (A) Amendment.--Section 602(a)(3) of the College Cost Reduction and Access Act (Public Law 110-84) is amended in the quoted material inserted by subparagraph (C), by striking ``zero expected family contribution'' and inserting ``expected family contribution under this subsection.''. (B) Effective date.--The amendment made by subparagraph (A) shall take effect on July 1, 2009, as if enacted on the date of enactment of the College Cost Reduction and Access Act (Public Law 110-84). (f) Federal Pell Grants.--Section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)) is amended by inserting after paragraph (7) the following: ``(8) Increased Amount for Students With Negative Expected Family Contribution.-- ``(A) In general.--Notwithstanding paragraph (2)(A) and any other provision of law and subject to subparagraph (B) and (C), in the case of a student whose expected family contribution is a negative number, such student shall be eligible for a Federal Pell Grant under this section in the amount equal to the sum of-- ``(i) the maximum Federal Pell Grant for which a student shall be eligible during an award year, as specified in the last enacted appropriation Act applicable to that award year; ``(ii) the Federal Pell Grant increase described in paragraph (9) applicable to that award year; and ``(iii) an additional amount equal to the absolute value of the student's expected family contribution. ``(B) Cost of attendance limit.--Notwithstanding paragraph (3), in the case of a student whose expected family contribution is a negative number, the student's Federal Pell Grant under this subpart, as calculated under subparagraph (A), shall not exceed the student's cost of attendance at such institution, and if the amount of the student's Federal Pell Grant exceeds such cost of attendance for that year, such amount shall be reduced accordingly. ``(C) Formula otherwise unaffected.--Except as provided in subparagraphs (A) and (B), nothing in this paragraph shall be construed to alter the requirements of this section, or authorize the imposition of additional requirements, for the determination and allocation of Federal Pell Grants under this section.''. SEC. 6. LENDER-OF-LAST-RESORT. (a) In General.--Section 428(j) of the Higher Education Act of 1965 (20 U.S.C. 1078(j)) is amended-- (1) in the first sentence of paragraph (1), by striking ``part.'' and inserting ``part or who attend an institution of higher education in the State that is designated under paragraph (4).''; (2) in paragraph (2)(B), by inserting ``, in the case of students applying for loans under this subsection because of an inability to otherwise obtain loans under this part,'' after ``lender, nor''; (3) in paragraph (3)(C)-- (A) in the first sentence, by inserting ``or designates an institution of higher education for participation in the program under this subsection under paragraph (4),'' after ``under this part''; and (B) in the third sentence, by inserting ``or to eligible borrowers who attend an institution in the State that is designated under paragraph (4)'' after ``problems''; and (4) by adding at the end the following: ``(4) Institution-wide student qualification.--Upon the request of an institution of higher education, the Secretary shall designate such institution for participation in the lender-of-last-resort program under this paragraph in the State where the institution is located. If the Secretary designates an institution under this paragraph, the guaranty agency shall make loans, in the same manner as such loans are made under paragraph (1), to students of the designated institution who are eligible to receive interest benefits paid on the students' behalf under subsection (a) of this section, regardless of whether the students are otherwise unable to obtain loans under this part.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of enactment of this Act. SEC. 7. MANDATORY ADVANCES. (a) In General.--Section 421(b) of the Higher Education Act of 1965 (20 U.S.C. 1071(b)) is amended-- (1) in paragraph (4), by striking ``programs, and'' and inserting ``programs,''; (2) in paragraph (5), by striking ``agencies.'' and inserting ``agencies, and''; and (3) by adding at the end the following: ``(6) there is authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for the purpose of carrying out section 427(c)(7).''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of enactment of this Act. SEC. 8. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall take effect on July 1, 2008.

Strengthening Student Aid for All Act - Amends the Higher Education Act of 1965 to increase the maximum annual and aggregate unsubsidized Stafford loan amounts that may be provided to undergraduate students under the Federal Family Education Loan (FFEL) program. Allows parents of dependent students to defer PLUS FFEL principal repayment until such students cease to be enrolled as undergraduates on at least a half-time basis. Directs the Secretary of Education to act as the secondary market of last resort for FFELs, until July 2009, by purchasing such loans from lenders who cannot sell them in the private financial markets and thereby raise the capital needed to make new loans. Permits the Secretary to act in such capacity after such date if economic conditions threaten timely, uninterrupted access to student loans. Changes title IV need analyses by allowing the calculation of a negative expected family contribution. Increases the Pell Grant available to students whose expected family contribution is a negative number. Allows institutions of higher education (IHEs) to participate in the FFEL lender-of-last-resort program, thereby requiring guaranty agencies serving as lenders of last resort to make FFELs to students of such IHEs regardless of their ability to otherwise obtain such loans. Authorizes the Secretary to advance needed funds to guaranty agencies acting as lenders of last resort in such situations.

A bill to amend the Higher Education Act of 1965 in order to increase unsubsidized Stafford loan limits for undergraduate students, provide for a secondary market for FFEL loans, allow for the in-school deferment of PLUS loans, augment the maximum Federal Pell Grant for the lowest income students, and expand the number of students eligible to obtain loans under the lender-of-last-resort program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sowing the Seeds Through Science and Engineering Research Act''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR BASIC RESEARCH ACTIVITIES. (a) National Science Foundation.--There are authorized to be appropriated to the National Science Foundation for support of basic research activities in the physical sciences, mathematics and computer sciences, and engineering, $2,114,100,000 for fiscal year 2007, $2,325,510,000 for fiscal year 2008, $2,558,060,000 for fiscal year 2009, $2,813,870,000 for fiscal year 2010, and $3,095,260,000 for fiscal year 2011. (b) Department of Energy.--There are authorized to be appropriated to the Department of Energy's Office of Science for support of basic research activities in the physical sciences, mathematics and computer sciences, and engineering, $2,205,400,000 for fiscal year 2007, $2,425,940,000 for fiscal year 2008, $2,668,530,000 for fiscal year 2009, $2,935,380,000 for fiscal year 2010, and $3,228,920,000 for fiscal year 2011. (c) National Aeronautics and Space Administration.--There are authorized to be appropriated to the National Aeronautics and Space Administration for support of basic research activities in the physical sciences, mathematics and computer sciences, and engineering, $1,669,700,000 for fiscal year 2007, $1,836,670,000 for fiscal year 2008, $2,020,340,000 for fiscal year 2009, $2,222,370,000 for fiscal year 2010, and $2,444,610,000 for fiscal year 2011. (d) National Institute of Standards and Technology.--There are authorized to be appropriated to the National Institute of Standards and Technology for support of basic research activities in the physical sciences, mathematics and computer sciences, and engineering, $86,240,000 for fiscal year 2007, $94,860,000 for fiscal year 2008, $104,350,000 for fiscal year 2009, $114,780,000 for fiscal year 2010, and $126,260,000 for fiscal year 2011. (e) Department of Defense.--There are authorized to be appropriated to the Department of Defense for support of basic research activities under budget category 6.1, $1,784,750,000 for fiscal year 2007, $1,963,220,000 for fiscal year 2008, $2,159,540,000 for fiscal year 2009, $2,375,490,000 for fiscal year 2010, and $2,613,000,000 for fiscal year 2011. (f) High-Risk Research.--Of the amounts authorized to be appropriated in each of subsections (a) through (e), not less than 8 percent shall be available for high-risk, potentially high-payoff research as determined by technical program managers at the respective agencies. SEC. 3. EARLY CAREER SCIENTISTS AND ENGINEER AWARDS. In addition to amounts currently available for support of the Presidential Early Career Award for Scientists and Engineers program, the following amounts are authorized to be appropriated for the designated agencies: (1) For the National Science Foundation, $8,200,000 for fiscal year 2007, $16,400,000 for fiscal year 2008, $24,600,000 for fiscal year 2009, $32,800,000 for fiscal year 2010, and $41,000,000 for fiscal year 2011. (2) For the National Institutes of Health, $4,800,000 for fiscal year 2007, $9,600,000 for fiscal year 2008, $14,400,000 for fiscal year 2009, $19,200,000 for fiscal year 2010, and $24,000,000 for fiscal year 2011. (3) For the Department of Energy, $3,600,000 for fiscal year 2007, $7,200,000 for fiscal year 2008, $10,800,000 for fiscal year 2009, $14,400,000 for fiscal year 2010, and $18,000,000 for fiscal year 2011. (4) For the Department of Defense, $2,400,000 for fiscal year 2007, $4,800,000 for fiscal year 2008, $7,200,000 for fiscal year 2009, $9,600,000 for fiscal year 2010, and $12,000,000 for fiscal year 2011. (5) For the National Aeronautics and Space Administration, $1,000,000 for fiscal year 2007, $2,000,000 for fiscal year 2008, $3,000,000 for fiscal year 2009, $4,000,000 for fiscal year 2010, and $5,000,000 for fiscal year 2011. SEC. 4. GRADUATE SCHOLAR AWARDS IN SCIENCE, TECHNOLOGY, ENGINEERING, OR MATHEMATICS (GSA-STEM). (a) In General.--The National Science Foundation shall institute a program, to be known as the Graduate Scholar Awards in Science, Technology, Engineering, or Mathematics program, or the GSA-STEM program, to award graduate fellowships in science, technology, engineering, or mathematics to individuals following the criteria and procedures of the Foundation's Graduate Research Fellowship program, except as provided in subsection (b). (b) Special Requirements.-- (1) Fellowship amount.--Fellowships awarded under the GSA- STEM program shall provide an annual stipend of $30,000 to the recipient and $15,000, in lieu of tuition, to the institution of higher education at which the recipient is enrolled. (2) Advisory board.--(A) The Director of the National Science Foundation shall establish a board of advisors for the program. The board shall identify areas of national need for which shortages of scientific and engineering personnel with advanced academic degrees are anticipated. (B) The members of the advisory board established under subparagraph (A) shall be selected from among the principal Federal agencies that support research and development activities in science, technology, engineering, and mathematics. (3) Selection criteria.--The criteria for fellowship awards used in the Foundation's Graduate Research Fellowship program shall be applied to the GSA-STEM program. An additional criterion for awards under the GSA-STEM program shall be whether an applicant proposes to pursue an advanced degree in an area of national need, identified by the advisory board under paragraph (2)(A). (c) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation for the purposes of this section, $225,000,000 for fiscal year 2007, $450,000,000 for fiscal year 2008, and $675,000,000 for each of fiscal years 2009 through 2011. SEC. 5. PRESIDENTIAL INNOVATION AWARD. (a) Establishment.--There is hereby established a Presidential Innovation Award, signified by a medal which shall be of such design and materials and bear such inscriptions as the President, on the basis of recommendations submitted by the Director of the Office of Science and Technology Policy, may prescribe. (b) Award.--The President shall periodically award the medal, on the basis of recommendations received from the Director of the Office of Science and Technology Policy or on the basis of such other information as the President considers appropriate, to individuals who develop one or more unique scientific or engineering ideas in the national interest at the time the innovation occurs. (c) Purpose.--The awards under this section shall be made to-- (1) stimulate scientific and engineering advances in the national interest; (2) illustrate the linkage between science and engineering and national needs; and (3) provide an example to students of the contribution they could make to society by entering the science and engineering profession. (d) Citizenship.--An individual may not be awarded a medal under this section unless at the time such award is made the individual-- (1) is a citizen or other national of the United States; or (2) is an alien lawfully admitted to the United States for permanent residence who-- (A) has filed an application for petition for naturalization in the manner prescribed by section 334 of the Immigration and Nationality Act (8 U.S.C. 1445); and (B) is not permanently ineligible to become a citizen of the United States. (e) Presentation.--The presentation of the award shall be made by the President with such ceremonies as he may deem proper, including attendance by appropriate Members of Congress. SEC. 6. NATIONAL COORDINATION OFFICE FOR RESEARCH INFRASTRUCTURE. (a) In General.--The Office of Science and Technology Policy shall establish a National Coordination Office for Research Infrastructure, which shall identify and prioritize deficiencies in research facilities and instrumentation in academic institutions and in national laboratories and shall make recommendations for the allocation of resources provided under subsection (e). (b) Staffing.--The Director of the Office of Science and Technology Policy shall appoint individuals to serve in the office established under subsection (a) from among the principal Federal agencies that support research in the sciences, mathematics, and engineering, and shall at a minimum include individuals from the National Science Foundation and the Department of Energy. (c) Use of Funds.--The amounts authorized by subsection (e) shall be available on a competitive, merit-reviewed basis for construction and maintenance of research facilities at institutions of higher education or national laboratories, including instrumentation, computing and networking equipment, and other physical resources necessary for performing leading-edge research. (d) Report.--The Director of the Office of Science and Technology Policy shall provide annually a report to Congress at the time of the President's budget proposal describing the research infrastructure needs identified in accordance with subsection (a) and a list of infrastructure projects proposed for funding using the resources authorized by subsection (e). (e) Authorization of Appropriations.-- (1) National science foundation.--There are authorized to be appropriated to the National Science Foundation for the purposes of this section, $333,000,000 for each of fiscal years 2007 through 2011. (2) Department of energy.--There are authorized to be appropriated to the Department of Energy for the purposes of this section, $167,000,000 for each of fiscal years 2007 through 2011.

Sowing the Seeds Through Science and Engineering Research Act - Authorizes appropriations for FY2007-FY2011 to: (1) the National Science Foundation (NSF), Department of Energy (DOE), National Aeronautics and Space Administration (NASA), and National Institute of Standards and Technology (NIST) for support of basic research activities in the physical sciences, mathematics and computer sciences, and engineering; and (2) the Department of Defense (DOD) for support of basic research activities. Makes at least 8% of such amounts available for high-risk, potentially high-payoff research. Authorizes appropriations for FY2007-FY2011 to the NSF, National Institutes of Health (NIH), DOE, DOD, and NASA for the support of the Presidential Early Career Award for Scientists and Engineers program. Directs NSF to institute the Graduate Scholar Awards in Science, Technology, Engineering, or Mathematics program or GSA-STEM program, to award graduate fellowships in science, technology, engineering, or mathematics. Requires the NSF Director to establish an advisory board. Establishes a Presidential Innovation Award, which the President shall periodically award to individuals who develop one or more unique scientific or engineering ideas in the national interest. Directs the Office of Science and Technology Policy to establish a National Coordination Office for Research Infrastructure to: (1) identify and prioritize deficiencies in research facilities and instrumentation in academic institutions and national laboratories; and (2) make recommendations for resource allocation. Authorizes appropriations for FY2007-FY2011 to NSF and DOE for construction and maintenance of research facilities at institutions of higher education or national laboratories and other physical resources for performing leading-edge research.

To authorize appropriations for basic research and research infrastructure in science and engineering, and for support of graduate fellowships, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Voter Opportunity To Inform Congress Effectively on Term Limits Act'' (the ``VOICE Act''). SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the right of citizens of the United States to vote is a fundamental right; (2) the right of citizens of the United States to have an effective voice in the decisionmaking processes of the Congress is grounded in the right to petition and is a fundamental part of American democracy, and Congress should provide an opportunity for citizens to express their views on important public issues; (3) there is an increasing public sentiment and demand for limiting the terms of members of Congress; and (4) voters in 15 States have already voted and approved State laws to limit the terms of their congressional delegations, and voters in other States have expressed their interest in also having the opportunity to also vote on term limits for members of Congress. (b) Purposes.--The purposes of this Act are-- (1) to give the citizens of every State the opportunity to have a voice on whether or not the terms of members of Congress should be limited; and (2) to conduct a national non binding referendum on term limits in the 1994 general election, thereby affording an opportunity to study the feasibility of conducting national non binding referenda on other important issues in the future. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``advisory question'' means the question stated in section 4(b); (2) the term ``general election'' means an election for Federal office held in 1994; (3) the term ``Federal office'' means the office of a member of the House of Representatives, Senate, or Delegate to the Congress, or resident commissioner of a territory of the United States; and (4) the term ``State election agency'' means the official agency of a State or territory charged with the legal responsibility for conducting general elections within that jurisdiction. SEC. 4. PROCEDURES FOR NATIONAL VOTER OPPORTUNITY TO INFORM CONGRESS EFFECTIVELY ON TERM LIMITS NON BINDING REFERENDUM. (a) In General.--Each State shall place on the general election ballot the advisory question concerning term limits for members of Congress. (b) Advisory Question.--Not later than August 1, 1994, the Clerk of the House of Representatives and the Secretary of the Senate shall jointly certify to the appropriate State election agencies for inclusion on the general election ballot in each congressional district, the following question: ``national advisory referendum on term limits ``Should Congress propose a constitutional amendment to limit the number of terms that a Member of the United States House of Representatives and United States Senator can serve in office? ``Yes No''. (c) Transmission of Certified Results to the Congress, All Members, and Committees on the Judiciary.--The results of each State's non binding referendum on the advisory question shall be certified by the State election agency to the Clerk of the House of Representatives and the Secretary of the Senate in the same manner and at the same time of the certification of election of members of the House of Representatives and Senate for the general election. The results shall be certified by county, congressional district, and statewide totals. The Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, in light of the results of the non binding referendum, shall examine whether the Congress should propose an amendment to the Constitution providing for term limits and submit their recommendations for response to the House of Representatives and Senate within 6 months after the general election. (d) Comments Regarding Procedures for Future Non Binding Referenda.--Not later than 90 days after the general election, the State election agencies shall forward to the Clerk of the House of Representatives and the Secretary of the Senate their comments or suggestions regarding changes or improvements in procedures for conducting national non binding referenda in future general elections. All such comments shall be referred to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate. (e) Reimbursement of Costs.--The costs of including the advisory question required by this Act shall be reimbursed by the United States upon submission by the State election agency of the actual costs of conducting the non binding referendum in the State. All reimbursements to State election agencies for the costs of conducting the non binding referendum shall be made from the franking accounts of the Congress, with equal amounts drawn from the franking accounts of the House of Representatives and the Senate to reimburse the States for such expenses. The Clerk of the House of Representatives and the Secretary of the Senate shall be responsible for ensuring the proper application for and reimbursement of such expenses.

National Voter Opportunity To Inform Congress Effectively on Term Limits Act (VOICE Act) - Requires the Clerk of the House of Representatives and the Secretary of the Senate to certify to appropriate State agencies for inclusion on the 1994 general election ballot in each congressional district a national advisory referendum that asks whether the Congress should propose a constitutional amendment to limit the number of terms that a Member of Congress can serve in office. Requires each State to place such question on the ballot. Requires the results of each State's non-binding referendum on the advisory question to be certified by the State election agency to the Clerk of the House and the Secretary of the Senate in the manner and at the same time of the certification of election of Members of the Congress for the general election. Requires the House and Senate Judiciary Committees, in light of the non binding referendum results, to examine whether the Congress should propose an amendment to the Constitution providing for term limits and submit their recommendations for response to the Congress within six months after the general election. Requires the State election agencies to forward to the Clerk of the House and the Secretary of the Senate their comments or suggestions regarding changes or improvements in procedures for conducting national non-binding referenda in future general elections. Requires: (1) the costs of including the advisory question required by this Act to be reimbursed by the United States upon submission by the State election agency of the actual costs of conducting the non-binding referendum in the State; and (2) such reimbursements to be made from the franking accounts of the Congress divided equally between the two Houses. Makes the Clerk of the House and the Secretary of the Senate responsible for ensuring the proper application for and reimbursement of such expenses.

National Voter Opportunity To Inform Congress Effectively on Term Limits Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diagnostic Innovation Testing and Knowledge Advancement Act of 2013''. SEC. 2. CREATING INCENTIVES FOR INNOVATIVE DIAGNOSTICS. (a) Improvements To Process for Determining Fee Schedule Amounts for New Tests.-- (1) Clarifying factors for rate-setting.--In determining the payment amount under gapfilling procedures (as described in section 414.508(b) of title 42, Code of Federal Regulations, or any successor regulation to such section) for new clinical diagnostic laboratory tests under section 1833(h)(8) of the Social Security Act (42 U.S.C. 1395l(h)(8)), the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall take into account, as applicable and available, the following factors with respect to such a new test: (A) Impact on patient care.--The impact of the new test on patient care, patient management, or patient treatment. (B) Technical characteristics.--The technical characteristics of the new test, and the resources required to develop, validate, and perform the new test. (C) Claims data.--Data from claims for which payment is made under part B of title XVIII of the Social Security Act. (D) Laboratory charges.--Amounts charged by laboratories to self-pay patients for the new test. (E) Private insurance rates.--Amounts paid to laboratories for such new test under private health insurance coverage offered in the group market and the individual market. (F) Advisory panel recommendations.--The findings and recommendations of the independent advisory panel convened under paragraph (2) with respect to that new test and any comments received during the open meeting of the advisory panel. (G) Additional factors.--Such other factors as the Secretary may specify. (2) Input from patients, clinicians, and technical experts.-- (A) Requirement for independent advisory panel.-- The Secretary shall convene an independent advisory panel from which the Secretary shall request information and recommendations regarding any new test (as referred to under subparagraph (A) of section 1833(h)(8) of the Social Security Act (42 U.S.C. 1395l(h)(8))) for which payment is made under such section, including technical, clinical, and quality information. (B) Composition of independent advisory panel.-- Subject to subparagraph (D), the independent advisory panel shall be comprised of 19 members, including-- (i) 7 individuals with expertise and experience with clinical diagnostic laboratory tests including expertise in the technical characteristics of the new test as well as expertise in the requirements to develop, validate, and perform the new test; (ii) 3 representatives of patients, including a patient representative for rare disorders; (iii) 3 clinicians who use results of the new test in patient care; (iv) 2 laboratorians; (v) 2 individuals with expertise in the area of pharmacoeconomics or health technology assessment; and (vi) 2 individuals with expertise on the impact of new tests on quality of patient care, including genetic counselors. (C) Terms.--Subject to subparagraph (D), a member of the panel shall be appointed to serve a term of 6 years, except with respect to the members first appointed, whose terms of appointment shall be staggered evenly over 2-year increments. (D) Temporary appointment of experts.--Insofar as the Secretary determines with respect to a new test that there are an insufficient number of members of the panel with expertise with respect to that specific test, the Secretary may appoint individuals who have expertise pertaining to the new test involved to serve on the panel. (E) Open meetings.--The Secretary shall receive or review the findings and recommendations of the independent advisory panel with respect to the new tests described in subparagraph (A) involved during a meeting open to the public and provide opportunity for public comment. (F) Clarification of authority of secretary to consult carriers.--Nothing in this section shall be construed as affecting the authority of the Secretary to consult with appropriate Medicare administrative contractors. (3) Justification for payment determinations.-- (A) Initial justification.--With respect to decisions regarding payments made under the clinical laboratory fee schedule for new clinical diagnostic laboratory tests, the Secretary shall publicly provide a justification for the payment basis and payment rate determination, including a detailed summary of the information submitted to, or obtained by, the Secretary regarding the factors specified in paragraph (1), such that interested stakeholders can readily understand the Secretary's rationale for the payment basis and rate determinations. (B) Reconsideration period.--After providing such justification for a payment basis and payment rate determination, the Secretary shall provide for a reasonable period of reconsideration to receive any appeal of the determination and to evaluate any additional information received regarding the justification and the factors specified in paragraph (1). (C) Final determination.--After the period of reconsideration the Secretary shall make a final payment basis and payment rate determination and provide a justification for such final determination explaining what additional information was evaluated during the reconsideration and how such information was taken into account with respect to the final determination. Nothing in this paragraph shall be construed as authorizing the Secretary to reveal proprietary information which is otherwise prohibited from disclosure under law. (b) Process for Assignment of Temporary Codes for Diagnostic Tests.--The Secretary shall establish a process for application for the assignment of a temporary national HCPCS code to uniquely identify a diagnostic test until a permanent national HCPCS code is available for assignment to that test. Assignments of a temporary national HCPCS code shall occur on a quarterly basis. The Secretary shall provide public notice through the Centers for Medicare & Medicaid Services Web site of applications made for such temporary national HCPCS codes. Upon assignment of a temporary code under this process, the Secretary shall treat such test as a new test for purposes of section 1833(h)(8) of the Social Security Act. (c) Development of Further Improvements in Rate-Setting Processes.--The Secretary shall analyze the process used for the gapfilling procedure used in determining payment amounts for new clinical diagnostic laboratory tests under section 1833(h)(8) of the Social Security Act. Taking into account the changes made by this section, the Secretary shall identify further changes to improve the accuracy and appropriateness of resulting rates and the openness, transparency, and predictability of the process. The Secretary shall examine what and how many entities should perform gapfilling, under contract or otherwise, and how to ensure that the process is informed by appropriate expertise and proceeds in a transparent and accountable manner. The Secretary shall implement improvements in the process, insofar as these are possible under the law through regulations, after public notice and opportunity for comment. For changes the Secretary determines would require a change in law, the Secretary shall transmit recommendations to the Speaker of the House and the President of the Senate not later than July 1, 2014. (d) Definitions.--For purposes of this section: (1) New clinical diagnostic laboratory tests.--The term ``new clinical diagnostic laboratory test'' means a clinical diagnostic laboratory test-- (A) that is assigned a new or substantially revised code on or after January 1, 2013; or (B) for which a temporary national HCPCS code is granted under subsection (b) on or after January 1, 2014. (2) Self-pay patient.--The term ``self-pay patient'' means, with respect to a health care item or service, an individual who pays out of pocket for such item or service and who does not have health insurance coverage for such item or service. (e) Effective Date.-- (1) In general.--Subject to paragraph (2), this section shall take effect on the date of enactment of this Act and shall apply with respect to new clinical diagnostic laboratory tests. (2) Application of justifications to current rate determinations.--Subsection (a)(3) shall apply to payment basis and payment rate determinations made on or after January 1, 2013.

Diagnostic Innovation Testing and Knowledge Advancement Act of 2013 - Sets forth additional factors for the Secretary of Health and Human Services (HHS) to consider in determining the payment amount for new clinical diagnostic laboratory tests under gapfilling procedures which are used when no comparable existing test is available. Directs the Secretary to convene an independent advisory panel to inform and make recommendations to the Secretary regarding any new test. Requires the Secretary to justify publicly the basis and rate determination for any payments made under the clinical laboratory fee schedule for new clinical diagnostic laboratory tests, including a detailed summary of information received regarding the additional factors considered. Requires the Secretary then, after publishing such justification, to provide for a reasonable period of reconsideration to: (1) receive any appeal of the payment determination, and (2) evaluate any additional information received regarding the justification and the factors considered. Requires the Secretary, following the period of reconsideration, to make a final payment basis and payment rate determination, providing a justification for it with an explanation of what additional information was evaluated during reconsideration and how it was taken into account. Directs the Secretary to: (1) establish a process for application for the assignment of a temporary national HCPCS (Healthcare Common Procedure Coding System) code to uniquely identify a diagnostic test until a permanent national HCPCS code is available for assignment to that test, (2) analyze the process used for the gapfilling procedures used in determining payment amounts for new clinical diagnostic laboratory tests, and (3) implement improvements in the process after public notice and opportunity for comment. Applies this Act to payment basis and payment rate determinations made on or after January 1, 2013.

Diagnostic Innovation Testing and Knowledge Advancement Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) The demand for child pornography harms children because it drives production, which involves severe and often irreparable child sexual abuse and exploitation. (2) The harms caused by child pornography are more extensive than the harms caused by child sex abuse alone because child pornography is a permanent record of the abuse of the depicted child, and the harm to the child is exacerbated by its circulation. Every viewing of child pornography is a repetition of the victim's original childhood sexual abuse. (3) Victims suffer continuing and grievous harm as a result of knowing that a large, indeterminate number of individuals have viewed and will in the future view images of their childhood sexual abuse. Harms of this sort are a major reason that child pornography is outlawed. (4) The unlawful collective conduct of every individual who reproduces, distributes, or possesses the images of a victim's childhood sexual abuse plays a part in sustaining and aggravating the harms to that individual victim. Multiple actors independently commit intentional crimes that combine to produce an indivisible injury to a victim. (5) It is the intent of Congress that victims of child pornography be fully compensated for all the harms resulting from each and every perpetrator who contributes to their anguish. (6) Congress intends to adopt and hereby adopts an aggregate causation standard to address the unique crime of child pornography and the unique harms caused by child pornography. (7) Victims should not be limited to receiving restitution from defendants only for losses caused by each defendant's own offense of conviction. Courts must apply a less restrictive aggregate causation standard in child pornography cases, while also recognizing appropriate constitutional limits and protections for defendants. SEC. 3. MANDATORY RESTITUTION. Section 2259 of title 18, United States Code, is amended-- (1) in subsection (b), by striking paragraph (3) and inserting the following: ``(3) Definition.--(A) For purposes of this subsection, the term `full amount of the victim's losses' includes any costs incurred by the victim for-- ``(i) lifetime medical services relating to physical, psychiatric, or psychological care; ``(ii) lifetime physical and occupational therapy or rehabilitation; ``(iii) necessary transportation, temporary housing, and child care expenses; ``(iv) lifetime lost income; and ``(v) attorneys' fees, as well as other costs incurred. ``(B) For purposes of this subsection, the term `full amount of the victim's losses' also includes any other losses suffered by the victim, in addition to the costs listed in subparagraph (A), if those losses are a proximate result of the offense. ``(C) For purposes of this subsection, the term `full amount of the victim's losses' also includes any losses suffered by the victim from any sexual act or sexual conduct (as those terms are defined in section 2246) in preparation for or during the production of child pornography depicting the victim involved in the offense.''; (2) by redesignating subsection (c) as subsection (d); (3) by inserting after subsection (b) the following: ``(c) Determining Restitution.-- ``(1) Harmed by one defendant.--If the victim was harmed as a result of the commission of an offense under section 2251, 2251A, 2252, 2252A, or 2260 by 1 defendant, the court shall determine the full amount of the victim's losses caused by the defendant and enter an order of restitution for an amount that is not less than the full amount of the victim's losses. ``(2) Harmed by more than one defendant.--If the victim was harmed as a result of offenses under section 2251, 2251A, 2252, 2252A, or 2260 by more than 1 person, regardless of whether the persons have been charged, prosecuted, or convicted in any Federal or State court of competent jurisdiction within the United States, the court shall determine the full amount of the victim's losses caused by all such persons, or reasonably expected to be caused by such persons, and enter an order of restitution against the defendant in favor of the victim for-- ``(A) the full amount of the victim's losses; or ``(B) an amount that is not more than the amount described in subparagraph (A) and not less than-- ``(i) $250,000 for any offense or offenses under section 2251(a), 2251(b), 2251(c), 2251A, 2252A(g), or 2260(a); ``(ii) $150,000 for any offense or offenses under section 2251(d), 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2252A(a)(6), 2252A(a)(7), or 2260(b); or ``(iii) $25,000 for any offense or offenses under section 2252(a)(4) or 2252A(a)(5). ``(3) Maximum amount of restitution.--No order of restitution issued under this section may exceed the full amount of the victim's losses. ``(4) Joint and several liability.--Each defendant against whom an order of restitution is issued under paragraph (2)(A) shall be jointly and severally liable to the victim with all other defendants against whom an order of restitution is issued under paragraph (2)(A) in favor of such victim. ``(5) Contribution.--Each defendant who is ordered to pay restitution under paragraph (2)(A), and has made full payment to the victim equal to or exceeding the statutory minimum amount described in paragraph (2)(B), may recover contribution from any defendant who is also ordered to pay restitution under paragraph (2)(A). Such claims shall be brought in accordance with this section and the Federal Rules of Civil Procedure. In resolving contribution claims, the court may allocate payments among liable parties using such equitable factors as the court determines are appropriate so long as no payments to victims are reduced or delayed. No action for contribution may be commenced more than 5 years after the date on which the defendant seeking contribution was ordered to pay restitution under this section.''; (4) in subsection (d), as redesignated, by striking ``a commission of a crime under this chapter,'' and inserting ``or by the commission of (i) an offense under this chapter or (ii) a series of offenses under this chapter committed by the defendant and other persons causing aggregated losses,''; and (5) by adding at the end the following: ``(e) Report.--Not later than 1 year after the date of enactment of the Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014, the Attorney General shall submit to Congress a report on the progress, if any, of the Department of Justice in obtaining restitution for victims of any offense under section 2251, 2251A, 2252, 2252A, or 2260.''.

Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014 - Amends the federal criminal code to expand the definition of "full amount of the victim's losses" for purposes of provisions governing mandatory restitution of victims of offenses involving sexual exploitation and other abuse of children to include medical services, physical and occupational therapy or rehabilitation, and lost income for the victim's lifetime, as well as any losses suffered by the victim from any sexual act or conduct in preparation for or during the production of child pornography depicting the victim involved in the offense. Sets forth guidelines for determining restitution where the victim of of a specified child pornography offense was harmed by one defendant (requiring restitution for not less than the full amount of the victim's losses) or by more than one defendant (requiring restitution for not more than the full amount of the victim's losses and not less than specified minimum amounts for certain offenses). Requires joint and several liability where there are multiple defendants and allows each defendant who is ordered to pay restitution and who has made full payment to the victim equal to or exceeding the specified minimum amount to recover contribution from any other defendant ordered to pay. Sets forth contribution claim procedures. Requires the Attorney General to report to Congress within one year after enactment of this Act on any progress of the Department of Justice (DOJ) in obtaining restitution for victims of such offenses.

Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Health Care Coverage Act''. SEC. 2. FAMILY COVERAGE OF CHILDREN. (a) In General.--In the case of an individual enrolled in a health plan under a family class of enrollment, the carrier providing the plan, or the plan sponsor sponsoring or maintaining the plan, shall offer and provide equal coverage under the plan to any child of the individual, if the child elects to receive coverage pursuant to such family enrollment. (b) Definitions.--For purposes of this section: (1) Carrier.--The term ``carrier'' means a licensed insurance company, a hospital or medical service corporation (including an existing Blue Cross or Blue Shield organization, within the meaning of section 833(c)(2) of the Internal Revenue Code of 1986), a health maintenance organization, or any other entity (other than a plan sponsor) licensed or certified by a State to provide health insurance or health benefits. (2) Child.-- (A) In general.--The term ``child'' means an individual who-- (i) is less than 27 years of age; (ii) has never been married; (iii) has no dependents; and (iv) has a parent-child relationship with another individual who is eligible to enroll in a health plan under a family class of enrollment. (B) Application of state law.--Determination of whether a child has a parent-child relationship with another individual shall be made in accordance with applicable State law. (3) Family class of enrollment.--The terms ``family class of enrollment'' and ``family enrollment'' mean enrollment in a health plan under a class of enrollment that provides coverage for-- (A) An unmarried individual and 1 or more children; or (B) A married couple and 1 or more children. (4) Group health plan.--The term ``group health plan'' means an employee welfare benefit plan (as defined in section 3(1) of the Employee Retirement Income Security Act of 1974) providing medical care (as defined in section 213(d) of the Internal Revenue Code of 1986) to participants or beneficiaries (as defined in section 3 of the Employee Retirement Income Security Act of 1974) directly or through insurance, reimbursement, or otherwise. (5) Health plan.--The term ``health plan'' means-- (A) any contract of health insurance, including any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization group contract, that is provided by a carrier; or (B) a group health plan, an employee welfare benefit plan, a multiple employer welfare arrangement, or other arrangement insofar as the plan or arrangement provides health benefits and is funded in a manner other than through the purchase of one or more policies or contracts described in subparagraph (A). (6) Plan sponsor.--The term ``plan sponsor'' means-- (A) a plan sponsor described in section 3(16)(B)(iii) of Employee Retirement Income Security Act of 1974, but only with respect to a group health plan that is maintained by the sponsor; (B) an employer of an employee covered under a health plan that is a multiple employer welfare arrangement (as defined in section 3(40) of the Employee Retirement Income Security Act); or (C) an employee organization that sponsors such a health plan. SEC. 3. CIVIL MONEY PENALTY. (a) Violation.--Any individual who, or entity that, the Secretary of Health and Human Services determines has failed to comply with section 1 shall be subject, in addition to any other penalties that may be prescribed by law, to a civil money penalty of not more than $500 for each such violation. (b) Procedures for Imposition of Penalties.--The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b) and the second sentence of subsection (f)) shall apply to the imposition of a civil monetary penalty under this section in the same manner as such provisions apply with respect to the imposition of a penalty under section 1128A of such Act. SEC. 4. INAPPLICABILITY OF MCCARRAN-FERGUSON ACT. For purposes of section 2(b) of the Act of March 9, 1945 (15 U.S.C. 1012(b); commonly known as the McCarran-Ferguson Act), this Act shall be considered to specifically relate to the business of insurance. SEC. 5. REGULATIONS. The Secretary of Health and Human Services may issue regulations to carry out this Act.

Family Health Care Coverage Act - Requires health plans that provide a family class of enrollment to offer and provide equal coverage to any child of an eligible individual who is less than 27 years of age, has never been married, has no dependents, and has a parent-child relationship with such individual.

Family Health Care Coverage Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Medication Safety for Seniors Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Prescription medications are central to the health care of Americans, accessed by 65 percent of the U.S. public in a given year. (2) Medication related errors, or adverse drug events, are one of the most common types of medical errors and one of the greatest threats to patient safety. (3) Studies and data have documented the prevalence of inappropriate prescribing of medications remains a substantial problem, with an estimated 7,000 deaths in the United States occurring each year as a result of medication errors. (4) Medication errors not only are harmful to patients, but are financially costly to healthcare organizations and providers. (5) Resources that could be spent on direct health care services are diverted to counteract adverse drug events. (6) New tools and systems are necessary to address medical error problems. (7) Technology can be deployed which can vastly improve the medication management process and decrease preventable patient injuries. (8) Electronic prescribing systems hold the potential to substantially improve health care quality by reducing preventable adverse drug events. (9) Investment costs remain an obstacle for healthcare systems to create electronic prescribing systems. (b) Purpose.--The purpose of this Act is to encourage and create incentives for healthcare systems to develop an electronic prescribing system to improve safety and quality of care for all patients. SEC. 3. DEMONSTRATION PROGRAM FOR MEDICARE HEALTH CARE PROVIDERS TO IMPLEMENT ELECTRONIC PRESCRIPTION DRUG PROGRAMS. (a) Establishment of Demonstration Program.--The Secretary of Health and Human Services shall establish a demonstration program (in this section referred to as the ``demonstration program'') under which assistance described in subsection (b) is made available, upon request and on a voluntary basis, to medicare health care providers for the purpose of assisting those providers to offset the costs of electronic prescribing systems for those providers. (b) Assistance.--The assistance referred to in subsection (a) consists of the provision, directly or through grants under subsection (c), of the following: (1) Computer software and hardware, including handheld computer technologies and the installation of such software, hardware, and technologies. (2) Upgrades and other improvements to existing computer software and hardware to enable electronic prescribing systems. (3) Communications capabilities for clinical data access. storage, and exchange, including the installation of such capabilities. (4) Education and training to eligible staff of medicare health care providers on computer information system technologies made available under this section. (c) Awarding of Grants.-- (1) Authority.--The Secretary may make grants to medicare providers of services for the purchase, lease, and installation of the items and technologies described in subsection (b). (2) Application.--No grant may be made under this section except pursuant to a grant application that is submitted and approved in a time, manner, and form specified by the Secretary containing such information as the Secretary may require. (3) Limitation on grants.--Only 1 grant may be awarded under this section with respect to any medicare health care provider or group or practice of providers or suppliers, including providers furnishing services to medicare beneficiaries in long-term care facilities, skilled nursing facilities, and hospitals. (4) Terms and conditions.-- (A) In general.--Grants under this section shall be made under such terms and conditions as the Secretary specifies consistent with this section. (B) Provision of information.--As a condition for the awarding of a grant under this section, an applicant shall provide to the Secretary such information as the Secretary may require in order to-- (i) evaluate the project for which the grant is made; and (ii) ensure that funding provided under the grant is expended only for the purposes for which it is made. (C) Audit.--The Secretary shall conduct appropriate audits of grants under this section. (d) Demonstration Project Sites.-- (1) Number of sites.--The demonstration project established under this section shall be conducted in not more than 5 sites selected by the Secretary. (2) Selection criteria.--In selecting such sites, the Secretary shall give priority to sites in the following order: (A) First to sites in counties, or equivalent areas, in which the largest numbers of medicare beneficiaries reside. (B) Second to sites in rural areas. (e) Duration.--The authority of the Secretary to provide assistance under this section shall terminate on September 30, 2014. (f) Waiver Authority.--The Secretary may waive such requirements of titles XI and XVIII of the Social Security Act as may be necessary for the purposes of carrying out the demonstration project. (g) Evaluation and Report.-- (1) Evaluation.--The Secretary shall conduct evaluations of the clinical and cost-effectiveness of the demonstration project. (2) Reports.--The Secretary shall submit to Congress interim reports on the demonstration project, and not later than 6 months after the completion of the project, a final report on the demonstration project. Each report shall include the following: (A) An analysis of the patient outcomes and costs of furnishing care to the medicare beneficiaries participating in the project. (B) Such recommendations regarding the extension, expansion, or termination of the project as the Secretary determines appropriate. (h) Definition.--In this section: (1) Medicare health care provider.--The term ``medicare health care providers'' means any of the following that furnishes items or services for which payment is made under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.): (A) A provider of services, as that term is defined in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u)). (B) A supplier, as that term is defined in section 1861(d) of the Social Security Act (42 U.S.C. 1395x(d)). (2) 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. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (i) Authorization of Appropriations.-- (1) Amount of authorization.--There are authorized to be appropriated to the Secretary, from amounts not otherwise appropriated in the Treasury, to carry out this section $50,000,000 for fiscal year 2005, and such sums as may be necessary for each of fiscal years 2006 and 2007. (2) Availability.--Amounts appropriated pursuant to the authorization under paragraph (1) shall remain available without fiscal year limitation through September 30, 2014. (j) Implementation.--The Secretary may not implement the demonstration project under this section before the date on which the Secretary develops, adopts, recognizes, or modifies initial uniform standards relating to the requirements for electronic prescription drug programs under section 1860D-4(e)(4)(A) of the Social Security Act (42 U.S.C. 1395w-104(e)(4)(A)).

Ensuring Medication Safety for Seniors Act - Directs the Secretary of Health and Human Services to establish a demonstration program under which grants for computer hardware and software, as well as other communications capabilities, education, and training, are made available, upon request and on a voluntary basis, to Medicare health care providers to assist them in offsetting the costs of electronic prescribing systems.

To direct the Secretary of Health and Human Services to establish a demonstration program under which the Secretary offsets the costs of electronic prescribing systems of Medicare health care providers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Privatization Act of 1995''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Federal Direct Student Loan Program will result in an increase of at least 500 full-time equivalent employees at the United States Department of Education and the hiring of over 15,000 Federal contract employees, assuming full implementation of the program. (2) The involvement of private sector financial institutions and not-for-profit corporations chartered for the purpose of providing or supporting Federal student assistance results in increased efficiency, maintenance of quality of service to students and institutions, and innovation in and the use of modern data processing technology. (3) The Federal Family Education Loan Program is subject to excessive regulation resulting in burdensome administrative requirements for students, schools, and other program participants, the reduction of which would ease administrative burdens and improve program management. (4) The program costs of the Federal Direct Student Loan program are inaccurately reflected under the provisions of the Federal Credit Reform Act due to the exclusion of accounting for certain administrative costs associated with the program under that Act. (5) The budget scoring of Federal student loans under the Federal Credit Reform Act led to projections of savings which are highly unlikely to occur in reality for the Federal Direct Student Loan Program. TITLE I--REFORMS TO IMPROVE THE ACCURACY OF THE FEDERAL CREDIT REFORM ACT WITH RESPECT TO BUDGET SCORING THE COST OF THE FEDERAL DIRECT STUDENT LOAN PROGRAM SEC. 101. AMENDMENTS TO THE FEDERAL CREDIT REFORM ACT. Section 502(5)(B) of the Congressional Budget Act is amended to read as follows: ``(B) The cost of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following cash flows for the estimated life of the loan-- ``(i) loan disbursements; ``(ii) repayments of principal; ``(iii) payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties and other recoveries; and ``(iv) in the case of a direct loan made pursuant to a program for which the Office of Management and Budget estimates that for the coming fiscal year (or for any prior fiscal year) loan commitments will equal or exceed $5,000,000,000, direct and indirect expenses, including but not limited to the following: expenses arising from credit policy and oversight; activities related to credit extension; loan origination; loan servicing; technical assistance; training; program promotion; payments to contractors, other government entities, and program participants; collection of delinquent loans; write-off and close-out of loans; and an amount equal to 1 basis point multiplied by the amount of the total Federal debt obligations outstanding on the last day of the Federal fiscal year for each $50,000,000,000 outstanding in such direct loans.''. SEC. 102. EFFECTIVE DATE. The amendment made by section 101 shall apply to all fiscal years beginning on or after October 1, 1995, and to statutory changes made on or after the date of enactment of this Act. TITLE II--PHASE-OUT OF THE FEDERAL DIRECT STUDENT LOAN PROGRAM SEC. 201. PHASE-OUT OF PROGRAM. Section 453 of the Higher Education Act of 1965 (20 U.S.C. 1087c) (hereinafter in this title and in title III referred to as ``the Act'') is amended by adding at the end the following new subsection: ``(f) Phase-Out of Program.-- ``(1) General authority.--The Secretary shall modify or phase-out agreements entered into with institutions of higher education pursuant to section 454(a) to implement the phase-out of the Federal Direct Student Loan Program as specified in paragraph (2) of this section. ``(2) Modification or phase-out of agreements.--In order to ensure an expeditious but orderly phase-out of the programs authorized under this part, the Secretary shall modify or phase-out agreements entered into pursuant to section 454 with institutions of higher education to achieve the following results: ``(A) For academic year 1995-1996, loans made under this part shall represent not more than 5 percent of new student loan volume for such year. ``(B) For academic year 1996-1997 and all subsequent academic years, no loans shall be made pursuant to this part. ``(3) New student loan volume.--For the purposes of this subsection, the term `new student loan volume' has the same meaning as under subsection (a)(4) of this section. ``(4) Modification of software and systems for phase-out of direct loans.--The Secretary shall not make system modifications or upgrades to software used in support of the program under this part after the date of enactment of this subsection. ``(5) Regulations governing phase-out of direct loans.--The Secretary shall promulgate regulations governing the phase-out of the Federal Direct Student Loan Program not later than 90 days after the date of enactment of this subsection. Such regulation shall not be subject to the provisions of the Master Calendar as specified under section 482 of this title. The provisions of this subsection shall be implemented notwithstanding the nonpublication of regulations required under this subsection by the Secretary.''. SEC. 202. DIRECT LOAN VOLUME LIMITS. Section 453(a) of the Act (20 U.S.C. 1087(a)) is amended by striking paragraphs (2) and (3). SEC. 203. ADMINISTRATIVE EXPENSES. Section 458(a) of the Act (20 U.S.C. 1087h(a)) is amended to read as follows: ``(a) In General.--Each fiscal year there shall be available, from funds not otherwise appropriated, funds to be obligated for administrative costs under this part, and for certain expenditures in support of the program authorized under part B, not to exceed (from such funds not otherwise appropriated) $50,000,000 in fiscal year 1996, $45,000,000 in fiscal year 1997, and no funds available in fiscal year 1998. The total expenditures by the Secretary (from such funds not otherwise appropriated) shall not exceed $700,000,000 in fiscal years 1994 through 1998. The Secretary is also authorized to carry over funds available under this section to a subsequent fiscal year.''. SEC. 204. REPEAL. Part D of title IV of the Higher Education Act, as amended by this title, is repealed effective October 1, 1997. TITLE III--IMPROVEMENTS TO THE FEDERAL FAMILY EDUCATION LOAN PROGRAM SEC. 301. RECOVERY OF GUARANTY AGENCY RESERVES. The last sentence of section 422(a)(2) of the Act (20 U.S.C. 1072(a)(2)) is amended by striking ``Except as provided in section 428(c)(10)(E) or (F), such'' and inserting in lieu thereof ``Such''. SEC. 302. RESERVE FUNDS. Section 422(g) of the Act (20 U.S.C. 1072(g)) is amended to read as follows: ``(g) Disposition of Funds Returned or Recovered by the Secretary.--Any funds that are returned or otherwise recovered by the Secretary pursuant to this subsection shall be returned to the United States Treasury for purposes of reducing the Federal debt.''. SEC. 303. TERMINATION OF FDSL CONSOLIDATION LOAN AUTHORITY. (a) Part B Authority.--Section 428C(b) of the Act (20 U.S.C. 1078- 3(b)) is amended by striking paragraph (5). (b) Part D Authority.--Section 455 of the Act is amended by striking subsection (g). SEC. 304. CONSOLIDATION UNDER FFELP OF LOANS MADE PURSUANT TO PART D. Section 428C(a)(4)(B) of the Act (20 U.S.C. 1087-3(a)(4)(B)) is amended by inserting ``part D or'' before ``part E''. SEC. 305. ACCOUNTABILITY OF FUNDS FOR DIRECT LOAN ADMINISTRATIVE EXPENSES. Section 458 of the Act (20 U.S.C. 1087h) is amended by redesignating subsection (d) as subsection (e), and by inserting after subsection (c) thereof the following new subsection: ``(d) Prohibition on Certain Expenditures.--Notwithstanding any other provision of law, funds available under this section shall not be used to support public relations activities (by Department of Education employees or pursuant to contracts with the Department) or marketing of institutions to encourage participation in the program authorized under this part.''. SEC. 306. SALE OF FDSL LOAN PORTFOLIOS. The Act is amended by inserting after section 458 of the Act (20 U.S.C. 1087h) the following new section: ``SEC. 459. SALE OF FEDERAL DIRECT STUDENT LOAN PORTFOLIOS. ``(a) Auction Sales of Loan Portfolios.--The Secretary shall conduct auctions to sell the outstanding portfolio of loans made pursuant to this part. Such auctions shall consist of sales of portfolios representative of the overall characteristics of the direct loans held by the Secretary. Auctions shall be held for portfolios of not less than $40,000,000 of loans per sale. The first sale of loans shall take place not later than 120 days after the date of enactment of this section, and shall not include Federal guarantees or reinsurance against the contingency of borrower default, death, or disability. ``(b) Loan Terms Subject to Promissory Note.--Such loans shall be subject to the terms and conditions as specified in the borrower promissory note, and shall not be subject to further Federal regulations pursuant to this Act. ``(c) Assessment of Auction.--The Secretary, following the auctions required pursuant to this section, shall prepare a report on the results of such auctions. Such report shall include (but not be limited to) the following: ``(1) The Secretary's opinion as to whether the results of the auction represent a true reflection of the Federal subsidy costs associated with federally supported student loans; and ``(2) an estimate of the reductions in Federal administrative costs achieved through eliminating future Federal oversight and administrative responsibilities of affected loans as a result of sale to the private sector. ``(d) Transmittal of Results to Congressional Budget Office and Office of Management and Budget.--The Secretary shall provide a copy of all reports and analyses prepared in connection with implementation of this section to the Director of the Congressional Budget Office and the Director of the Office of Management and Budget. ``(e) Disposition of Proceeds.--All proceeds received as a result of the auctions conducted pursuant to this part shall be returned to the United States Department of the Treasury after deduction of expenses incurred by the Department of Education in connection with the auctions required pursuant to this section.''. SEC. 307. EFFECTIVE DATE. Except as otherwise specified therein, the amendments made by this title shall be effective 30 days after the date of the enactment.

TABLE OF CONTENTS: Title I: Reforms to Improve the Accuracy of the Federal Credit Reform Act with Respect to Budget Scoring the Cost of the Federal Direct Student Loan Program Title II: Phase-Out of the Federal Direct Student Loan Program Title III: Improvements to the Federal Family Education Loan Program Student Loan Privatization Act of 1995 - Title I: Reforms to Improve the Accuracy of the Federal Credit Reform Act with Respect to Budget Scoring the Cost of the Federal Direct Student Loan Program - Amends the Congressional Budget Act to revise its Federal Credit Reform Act provisions relating to budget accuracy of accounting for Federal costs associated with the Federal Direct Student Loan Program. Title II: Phase-Out of the Federal Direct Student Loan Program - Amends the Higher Education Act of 1965 (HEA) to direct the Secretary of Education to phase-out the Federal Direct Student Loan Program (FDSL) in a specified manner. Eliminates related requirements involving loan volume limits and administrative expenses for such program. Repeals HEA authority for such program as of the end of FY 1997. Title III: Improvements to the Federal Family Education Loan Program - Amends HEA to revise provisions under the Federal Family Education Loan Program (FFEL) relating to: (1) recovery of guaranty agency reserves; and (2) return to the Treasury of reserve funds returned or recovered by the Secretary. Terminates FDSL consolidation loan authority. Consolidates FDSL program loans under the FFEL program. Prohibits certain administrative funds from being expended to support public relations activities (by Department of Education employees or pursuant to contracts with the Department) or marketing of institutions to encourage participation in the FDSL program. Provides for sale of FDSL loan portfolios. Directs the Secretary to provide a copy of all reports and analyses prepared in connection with auctions, for purposes of such sales, to the Directors of the Congressional Budget Office and of the Office of Management and Budget. Requires all proceeds received as a result of such auctions to be returned to the Department of the Treasury after deduction of connected expenses incurred by the Department of Education.

Student Loan Privatization Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker's Freedom of Choice Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Because of the statutory requirements that certain workers must pay dues or fees to certain labor organizations subject to the National Labor Relations Act, workers who pay dues or fees to labor organizations should not, as a matter of law, be required to support activities of labor organizations that do not relate directly to the express purposes of the National Labor Relations Act, to-wit, those purposes expressed in the policies found in section 1 of such Act, (29 U.S.C. 151). In enacting the National Labor Relations Act, Congress expressly recognized that a purpose of the Act was to protect the freedom of association or actual liberty of contract of employees. To strengthen the ability of labor organizations to represent all employees with regard to the express purposes of the National Labor Relations Act, it is statutorily provided that labor organizations regulated by such Act may require employees to pay dues or fees to a labor organization as a condition of their employment. (2) Some labor organizations use the general treasury funds that consist of, or include, statutorily required dues and fees paid by employees for purposes other than the express purposes of the National Labor Relations Act. Some labor organizations use such treasury funds to support political candidates, tax- exempt organizations, issue advocacy and lobbying in support of legislation or causes which individual workers may not otherwise support and are not directly related to the express statutory purposes for which those funds are collected from workers by legislative mandate. Such uses of funds violate the rights and freedoms of association of employees for which the collective bargaining rights are statutorily protected under the National Labor Relations Act. (3) It is a fundamental tenet of this Nation that all men and women have a right to make individual choices about the political, social or charitable causes they support. It is also a fundamental right that an individual may not be forced or coerced by organizations, as a condition of employment, to support causes of any type, especially those that may be contrary to, or even inconsistent with, their individual beliefs. Such forced or coerced support violates basic notions of First Amendment rights of free speech and freedom of association. SEC. 3. FREEDOM TO CHOOSE. (a) In General.-- (1) Core purposes.--Notwithstanding the exception in section 7 of the National Labor Relations Act (29 U.S.C. 157), an employer or labor organization subject to a valid labor agreement shall not receive, solicit, or accept from an employee payment of any dues or fees not related to core purposes and exclusive representation. (2) Definition.--For purposes of this subsection, the term ``core purposes'' includes collective bargaining, contract administration, and grievance adjustment. (b) Discrepancy in Amount of Fees Collected.-- (1) Liability.--If an employee disputes the amount of fees collected by the labor organization, such employee may bring a civil action against the labor organization-- (A) for total damages, for each employee, equal to-- (i) 10 times the amount of the dues or fees accepted in violation of this section; (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii); and (iv) not more than $1,000 in punitive damages; (B) for such equitable relief as may be appropriate; and (C) revocation of tax exempt status. (2) Right of action.--An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any labor organization in any Federal court of competent jurisdiction by any one or more employees for and in behalf of-- (A) the employees; or (B) the employees and other employees similarly situated. (3) Fees and costs.--The court in such action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Limitation.--An action may be brought under this subsection not later than 5 years after the date the employee knew or should have known that dues or fees were accepted or spent by a labor organization in violation of this Act, except that such period shall be extended to 3 years in the case of a willful violation by a labor organization. SEC. 4. NOTICE. An employer whose employees are represented by a collective bargaining representative shall be required to post a notice, of such size and in such form as the Department of Labor shall prescribe, in conspicuous places in and about its plants and offices, including all places where notices to employees are customarily posted, informing employees that any labor organization accepting payment of any dues or fees from an employee as a condition of employment pursuant to an agreement authorized by Federal law is not permitted to withhold any portion of such dues or fees used for activities not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. SEC. 5. DISCLOSURE TO WORKERS. (a) Expenses Reporting.--Section 201(b) of the Labor-Management Reporting and Disclosure Act of 1959 is amended by adding at the end the following new sentence: ``Every labor organization shall be required to attribute and report expenses verified by an independent audit using generally accepted accounting principles and standards in such detail as necessary to allow members to determine whether such expenses were necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor- management issues.'' (b) Disclosure.--Section 201(c) of the Labor-Management Reporting and Disclosure Act of 1959 is amended-- (1) by inserting ``and employees required to pay any dues or fees to such organization'' after ``members''; and (2) inserting ``or employee required to pay any dues or fees to such organization'' after ``member'' each place it appears. (c) Written Requests.--Section 205(b) of the Labor-Management Reporting and Disclosure Act of 1959 is amended by adding at the end the following new sentence: ``Upon written request, the Secretary shall make available complete copies of any report or other document filed pursuant to section 201.''. SEC. 6. RETALIATION AND COERCION PROHIBITED. It shall be unlawful for any labor organization to coerce, intimidate, threaten, interfere with, or retaliate against any employee in the exercise of, or on account of having exercised, any right granted or protected by this Act. SEC. 7. REGULATIONS. The Secretary of Labor shall prescribe such regulations as are necessary to carry out sections 3 and 4 of this Act not later than 60 days after the date of enactment of this Act and shall prescribe such regulations as are necessary to carry out the amendments made by section 5 not later than 120 days after such date of enactment. SEC. 8. CONSTRUCTION. Nothing in this Act shall be construed to prohibit or discourage an employee from making voluntary personal contributions to charities, affiliates, events, or organizations endorsed or otherwise supported by a labor organization. SEC. 9. EFFECTIVE DATE AND APPLICATION. This Act shall be effective immediately upon enactment, except that sections 4 and 5 pertaining to worker consent and notice shall take effect 90 days after enactment and section 6 pertaining to disclosure shall take effect 150 days after enactment.

Worker's Freedom of Choice Act - Prohibits labor unions or employers subject to valid labor agreements from receiving, soliciting, or accepting payment of dues or fees not related to exclusive representation and core purposes, including collective bargaining, contract administration, and grievance adjustment (notwithstanding an exception under the National Labor Relations Act relating to union security agreements which require payment of union dues or fees as a condition of employment). Gives a right of civil action to employees who dispute the amount so collected by labor organizations. Requires employers to post notice of such prohibition against labor unions using dues or fees, which are collected as conditions of employment, for any activities not necessary to performing their duties of exclusive representation of employees in dealing with employers on labor-management issues (union duties).Amends the Labor-Management Reporting and Disclosure Act of 1959 to require every labor union to attribute and report expenses by function classification, verified by independent audit, in enough detail to allow its members to determine whether such expenses were necessary to perform such union duties. Requires disclosure under such Act to employees required to pay any union dues or fees under a union security agreement as well as to union members.Prohibits labor union retaliation or coercion against any employee for exercising any right granted or protected by this Act.

To ensure that labor dues and fees are used only for collective bargaining purposes and exclusive representation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Flood Response Act''. SEC. 2. EMERGENCY FLOOD ACTIVITY PILOT PROGRAM. (a) Establishment.--Not later than 18 months after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall establish and carry out a pilot program to assist flood response efforts at State and Federal regional levels in response to a levee failure or potential levee failure. (b) Grants.--In carrying out the pilot program established under subsection (a), the Administrator may award grants to not more than 10 eligible entities to-- (1) establish or maintain a flood emergency fund to be used for emergency flood activities described in subsection (f); and (2) ensure a unified command system organizational framework for such activities. (c) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including the following: (1) A plan describing the emergency flood activities for which the funds may be used as well as the levee safety plan that contains the unified command system that would carry out such activities. (2) A scope of work and tasks, project timeline, budget, and ongoing post-grant management plan. (3) Information regarding what entity maintains the flood emergency fund. (4) A description of non-Federal contributions to the flood emergency fund. (5) A description of how such plan will benefit the community, environment, and economy of the participating region within the legal boundaries of the applicant. (6) Mechanisms for long-term replenishment of the flood emergency fund and a description of what percentage of the fund will be used-- (A) to support ongoing administrative project maintenance; and (B) for the unified command system that would use and apply the fund in a flood emergency or post-flood recovery. (d) Eligibility.--To be eligible to receive a grant under this section, an eligible entity, in cooperation with appropriate local, State, and Federal agencies, shall establish criteria and procedures for use of the entity's flood emergency fund in a flood emergency. (e) Selection.-- (1) In general.--The Administrator shall award grants under subsection (b) on a competitive basis. (2) Priority.--In awarding grants under subsection (b), the Administrator shall prioritize applications-- (A) from eligible entities that represent a geographically diverse cross-section of the United States; (B) that include opportunities to build on existing Federal and non-Federal flood relief efforts; (C) from eligible entities that have a flood safety plan approved by a levee maintaining agency; and (D) from eligible entities that have a local mitigation plan regarding hazard mitigation approved by the Federal Emergency Management Agency. (f) Use of Funds.-- (1) In general.--Funds awarded under this section may be used in the case of a flood for emergency flood activities, including planning and preparing to perform emergency flood activities, and to support ongoing administrative project maintenance. Emergency flood activities include prompt emergency action to-- (A) prevent levee failure; (B) close levee breaks; (C) make relief cuts and dewater flooded areas; and (D) otherwise physically limit the extent, depth, and duration of flood waters in the event of a levee failure. (2) Limitation on use of funds.--Funds awarded under this section may not be used if-- (A) the emergency flood activity is required by law to be performed by the Corps of Engineers; and (B) the Corps of Engineers immediately exercises its authority to perform such activity. (3) Additional guidelines.--The Administrator, in consultation with the Corps of Engineers, shall establish any additional guidelines for the use of funds awarded under this section. (g) Reimbursement of Expenditures.--As a condition of a grant awarded to an eligible entity under subsection (b), the Administrator shall ensure that, following an expenditure of funds from the entity's flood emergency fund, the entity will-- (1) seek all available State and Federal disaster assistance reimbursements for such expenditures; and (2) deposit the reimbursements in the flood emergency fund. (h) Federal Share.--The Federal share of the cost of a flood emergency activity carried out using grant funds made available under this section may not exceed 50 percent of the cost of such activity. (i) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a State local levee maintaining agency or unit of local government that-- (A) is responsible for emergency flood response efforts; and (B) maintains and operates a flood emergency fund. (2) Flood emergency fund.--The term ``flood emergency fund'' means a fund established, maintained, and operated by a levee maintaining agency or a local designated coordinating agency, including the maintenance of the accounting of all Federal and non-Federal funds and derivation of such funds. (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 to remain available until expended.

Emergency Flood Response Act This bill directs the Federal Emergency Management Agency (FEMA) to establish and carry out a pilot program to assist flood response efforts at state and federal regional levels in response to a levee failure or potential levee failure. FEMA may award grants to up to 10 eligible entities to: (1) establish or maintain a flood emergency fund, and (2) ensure a unified command system organizational framework for emergency flood activities. An "eligible entity" is a levee maintaining agency or unit of local government that is responsible for emergency flood response efforts. Funds awarded under this bill may be used for emergency flood activities, including prompt emergency action to prevent levee failure, close levee breaks, make relief cuts and dewater flooded areas, and otherwise physically limit the extent, depth, and duration of flood waters in the event of a levee failure. Funds awarded may not be used if the emergency flood activity is required by law to be performed by the Corps of Engineers and the Corps immediately exercises its authority. FEMA shall ensure that, following an expenditure of funds from a grantee's flood emergency fund, the grantee will seek all available state and federal disaster assistance reimbursements for such expenditures and deposit the reimbursements in the fund. The federal share of the cost of a flood emergency activity carried out using grant funds made available under this Act may not exceed 50%.

Emergency Flood Response Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Atlantic Blackfish Conservation Act''. SEC. 2. PROHIBITION ON COMMERCIAL HARVESTING OF ATLANTIC BLACKFISH. (a) Prohibition.--It is unlawful to engage in, or to attempt to engage in-- (1) the commercial harvesting of Atlantic blackfish, popularly known as tautog, in the coastal waters or in the exclusive economic zone established by Proclamation Numbered 5030, dated March 10, 1983; or (2) the sale of Atlantic blackfish taken in violation of paragraph (1) or any part thereof. (b) Penalties.-- (1) Civil penalty.--Any person who is found by the Secretary of Commerce after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act that is unlawful under subsection (a), is liable to the United States for a civil penalty. The amount of the civil penalty may not exceed $1,000 for each violation. Each day of continuing violation constitutes a separate offense. The amount of the civil penalty shall be assessed by the Secretary of Commerce by written notice. In determining the amount of the penalty, the Secretary of Commerce shall take into account the nature, circumstances, extent, and gravity of the prohibited act committed and, with respect to the violator, the degree of culpability, any history of prior violations, ability to pay, and such other matters as justice may require. (2) Review; failure to pay, compromise, and subpoenas.-- Subsections (b) through (e) of section 308 of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1858(b)-(e); relating to review of civil penalties; acting upon failure to pay assessment, compromise, and subpoenas) shall apply to penalties assessed under paragraph (1) to the same extent and in the same manner as if those penalties were assessed under subsection (a) of such section 308. (c) Civil Forfeitures.-- (1) In general.--Any vessel (including its gear, equipment, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with, or the result of, the commission of any act that is unlawful under subsection (a), is subject to forfeiture to the United States. All or part of the vessel may, and all such fish (or the fair market value thereof) shall, be forfeited to the United States under a civil proceeding described in paragraph (2). The district courts of the United States have jurisdiction over proceedings under this subsection. (2) Judgment, procedure, and rebuttable presumptions.-- Subsections (c) through (e) of section 310 of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1860(c)-(e); relating to judgment, procedure, and rebuttable presumptions) shall apply with respect to proceedings for forfeiture commenced under this subsection to the same extent and in the same manner as if the proceeding were commenced under subsection (a) of such section 310. SEC. 3. CONSEQUENTIAL EFFECTS ON EXISTING LAW. The Atlantic States Marine Fisheries Commission shall promptly take action to amend the Interstate Fisheries Management Plan for Atlantic blackfish, including addenda thereto as appropriate, to take into account the prohibition established under section 2. SEC. 4. DEFINITIONS. As used in this Act: (1) Coastal state.--The term ``coastal State'' means-- (A) Pennsylvania and each State of the United States bordering on the Atlantic Ocean north of the State of South Carolina; (B) the District of Columbia; and (C) the Potomac River Fisheries Commission established by the Potomac River Compact of 1958. (2) Coastal waters.--The term ``coastal waters'' means-- (A) for each coastal State referred to in paragraph (1)(A)-- (i) all waters, whether salt or fresh, of the coastal State shoreward of the baseline from which the territorial sea of the United States is measured; and (ii) the waters of the coastal State seaward from the baseline referred to in clause (i) to the inner boundary of the exclusive economic zone; (B) for the District of Columbia, those waters within its jurisdiction; and (C) for the Potomac River Fisheries Commission, those waters of the Potomac River within the boundaries established by the Potomac River Compact of 1958.

Atlantic Blackfish Conservation Act - Prohibits the commercial harvesting of Atlantic blackfish, popularly known as tautog, in the coastal waters or the exclusive economic zone (EEZ) or the sale of blackfish taken in violation of that prohibition. Imposes penalties and allows civil forfeiture of vessels for violations. Requires the Atlantic States Marine Fisheries Commission to take actions reflecting the prohibition.

To prohibit the commercial harvesting of Atlantic blackfish in the coastal waters and the exclusive economic zone, and for other purposes.

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that: (1) The Weyerhaeuser Company has offered to the United States Government an exchange of lands under which Weyerhaeuser would receive approximately 50,000 acres of Federal land in Arkansas and Oklahoma in return for conveying to the United States lands owned by Weyerhaeuser consisting of approximately 165,000 acres of forested wetlands and other forest land of public interest in Arkansas and Oklahoma, consisting of-- (A) certain Arkansas Ouachita lands located near Lake Ouachita, Little Missouri Wild and Scenic River, Flatside Wilderness and the Ouachita National Forest; (B) certain lands in Oklahoma located near the McCurtain County Wilderness, the Broken Bow Reservoir, the Glover River, and the Ouachita National Forest; and (C) certain Arkansas Cossatot lands located on the Little and Cossatot Rivers and identified as the ``Pond Creek Bottoms'' in the Lower Mississippi River Delta section of the North American Waterfowl Management Plan. (2) Acquisition of the Arkansas Cossatot lands by the United States will remove the lands in the heart of a critical wetland ecosystem from sustained timber production and other development. (3) The acquisition of the Arkansas Ouachita lands and the Oklahoma lands by the United States for administration by the Forest Service will provide an opportunity for enhancement of ecosystem management of the National Forest System lands and resources. (4) The Arkansas Ouachita lands and the Oklahoma lands have outstanding wildlife habitat and important recreational values and should continue to be made available for activities such as public hunting, fishing, trapping, nature observation, enjoyment, education, and timber management. (5) Private use of the lands the United States will convey to Weyerhaeuser will not conflict with established management objectives on adjacent Federal lands. (6) The lands the United States will convey to Weyerhaeuser as part of the exchange described in paragraph (1) do not contain comparable fish, wildlife, or wetland values. (7) The United States will convey all mineral interests and oil and gas interests to Weyerhaeuser on or under all surface acres designated to be exchanged pursuant to the exchange described in paragraph (1) in which the Federal Government owns such interests. (8) Pursuant to such exchange, Weyerhaeuser will convey to the United States all mineral interests and equivalent oil and gas interests on or under all surface acres designated to be exchanged pursuant to the exchange described in paragraph (1) in which Weyerhaeuser owns such interests. (9) The United States and Weyerhaeuser have agreed to the values and boundaries of all lands, mineral interests, and oil and gas interests to be conveyed in the exchange and concur that the lands, mineral interests, and oil and gas interests to be conveyed by Weyerhaeuser and the lands, mineral interests, and oil and gas interests to be conveyed by the United States area approximately equal in value. (10) The exchange of lands, mineral interests, and oil and gas interests between Weyerhaeuser and the United States is in the public interest. (b) Purpose.--The purpose of this Act is to authorize and direct the Secretary of the Interior and the Secretary of Agriculture to enter into an exchange of lands, mineral interests, and oil and gas interests that will provide environmental, land management, recreational, and economic benefits to the States of Arkansas and Oklahoma and to the United States. SEC. 2. DEFINITIONS. As used in this Act: (1) Land.--The terms ``land'' or ``lands'' mean the surface estate and any other interests therein except for mineral interests and oil and gas interests. (2) Mineral interests.--The term ``mineral interests'' means geothermal steam and heat and all metals, ores, and minerals of any nature whatsoever, except oil and gas interests, in or upon lands subject to this Act including,but not limited to, coal, lignite, peat, rock, sands, gravel, and quartz. (3) Oil and gas interests.--The term ``oil and gas interests'' means all oil and gas of any nature whatsoever including carbon dioxide, helium, and gas taken from coal seams (collectively ``oil and gas'') together with the right to enter lands for the purpose of exploring the lands for oil and gas and drilling, opening, developing, and working wells on such lands and taking out and removing from such lands all such oil and gas together with the right to occupy and make use of as much of the surface of said lands as may reasonably be necessary for these purposes subject to the Secretary of Agriculture's rules and regulations set forth in section 251.15 of title 36, Code of Federal Regulations. (4) Secretaries.--The term ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture. (5) Weyerhaeuser.--The term ``Weyer- haeuser'' means Weyerhaeuser Company, a company incorporated in the State of Washington. SEC. 3. EXCHANGE. (a) Exchange of Lands and Mineral Interests.-- (1) In general.--Subject to paragraph (2), within 120 days after the date of the enactment of this Act, the Secretary of Agriculture shall convey to Weyerhaeuser, subject to any valid existing rights, approximately 20,000 acres of Federal lands and mineral interests in the State of Arkansas and approximately 30,000 acres of Federal lands and mineral interests in the State of Oklahoma as depicted for exchange on maps entitled ``Arkansas-Oklahoma Land Exchange--Federal Arkansas and Oklahoma Lands'', dated ____________ 1996 and available for public inspection in appropriate offices of the Secretaries. (2) Offer and acceptance of lands.--The Secretary of Agriculture shall make the conveyance to Weyerhaeuser if Weyerhaeuser offers deeds of title, subject to limitations and the reservation described in subsection (b), acceptable to the Secretary of Agriculture that convey to the United States the following: (A) Approximately 110,000 acres of lands and mineral interests owned by Weyerhaeuser in the State of Oklahoma, as depicted for transfer to the United States upon a map entitled ``Arkansas-Oklahoma Land Exchange-- Weyerhaeuser Oklahoma Lands'', dated ____________ 1996 and available for public inspection in appropriate offices of the Secretaries. (B) Approximately 30,000 acres of lands and mineral interests owned by Weyerhaeuser in the State of Arkansas, as depicted for transfer to the United States upon a map entitled ``Arkansas-Oklahoma Land Exchange-- Weyerhaeuser Arkansas Ouachita Lands'', dated ____________ 1996 and available for public inspection in appropriate offices of the Secretaries. (C) Approximately 25,000 acres of lands and mineral interests owned by Weyerhaeuser in the State of Arkansas, as depicted for transfer to the United States upon a map entitled ``Arkansas-Oklahoma Land Exchange-- Weyerhaeuser Arkansas Cossatot Lands'', dated ____________ 1996 and available for public inspection in appropriate offices of the Secretaries. (b) Exchange of Oil and Gas Interests.-- (1) In general.--Subject to paragraph (2), at the same time as the land and mineral interests exchange is carried out pursuant to this section, the Secretary of Agriculture shall exchange all Federal oil and gas interests, including existing leases and other agreements, in the lands described in subsection (a)(1) for equivalent oil and gas interests, including existing leases and other agreements, owned by Weyerhaeuser in the lands described in subsection (a)(2). Any exchange of oil and gas interests pursuant to this Act may be made without regard to the limitations requiring that exchanges be made within the same State under section 206 of the Federal Lands Policy and Management Act of 1976 (43 U.S.C. 1716). (2) Reservation.--In addition to exchanging oil and gas interests pursuant to paragraph (1), to account for the acreage imbalance in the exchange required under this Act, there is hereby reserved to Weyerhaeuser, its successors, and assigns until December 31, 2041, and for so long thereafter that oil or gas is produced therefrom (``term reservation''), all oil and gas in and under the acreage imbalance lands depicted for reservation by Weyerhaeuser upon a map entitled ``Arkansas-Oklahoma Land Exchange--Weyerhaeuser Oil and Gas Interest Reservation Lands'', dated ____________ 1996 and available for public inspection in appropriate offices of the Secretaries. Beginning January 1, 2042, there is hereby reserved to Weyerhaeuser, its successors and assigns, a proportionately reduced 6.25 percent of 8/8's overriding royalty interest in all oil and gas produced from any well in any governmental section adjacent to or cornering a section in which oil and gas is being produced at the expiration of the term reservation (``overriding royalty''). The overriding royalty will continue until either the producing well (a well producing on December 31, 2041) ceases production or until all federally leased wells to which the overriding royalty applies cease production, which is later. (c) General Provisions.-- (1) Valuation.--The lands, mineral interests, and oil and gas interests exchanged pursuant to this Act shall be approximately equal in value, as determined by the Secretaries and agreed to by Weyerhaeuser. To ensure that the natural values of the area are not affected by the exchange, a formal appraisal based upon drilling or other surface disturbing activities shall not be required for any mineral interests or oil and gas interests exchanged. (2) Maps controlling.--The acreage cited in this Act is approximate. In the case of a discrepancy between the description of lands, mineral interests, and/or oil and gas interests to be exchanged pursuant to subsection (a) and the lands, mineral interests, and/or oil and gas interests depicted on a map referred to in such subsection, the map shall control. Subject to the notification required by paragraph (3), the maps referenced in this Act are subject to such minor corrections as may be agreed upon by the Secretaries and Weyerhaeuser. (3) Final maps.--Not later than 180 days after the conclusion of the exchange required by subsection (a), the Secretaries shall transmit maps accurately depicting the lands and mineral interests conveyed and transferred pursuant to this Act and the acreage and boundary descriptions of such lands and mineral interests to the Committees on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. (4) Cancellation.--If, before the exchange has been carried out pursuant to subsections (a) and (b), Weyerhaeuser provides written notification to the Secretaries that Weyerhaeuser no longer intends to complete the exchange, with respect to the lands, mineral interests, and oil and gas interests that would otherwise be subject to the exchange, the status of such lands, mineral interests, and oil and gas interests shall revert to the status of such lands, mineral interests, and oil and gas interests as of the day before the date of enactment of this Act and shall be managed in accordance with applicable management plans. (5) Withdrawal.--Subject to valid existing rights, the lands, mineral interests, and oil and gas interests depicted for conveyance to Weyerhaeuser for possible exchange on the maps referenced in subsections (a) and (b) are withdrawn from all forms of entry and appropriation under the public land laws (including the mining laws); and from the operation of mineral leasing and geothermal steam leasing laws effective upon the date of the enactment of this Act. Such withdrawal shall terminate 45 days after completion of the exchange provided for in subsections (a) and (b) or on the date of notification by Weyerhaeuser of a decision not to complete the exchange. SEC. 4. DESIGNATION AND USE OF LANDS ACQUIRED BY THE UNITED STATES. (a) National Forest System.-- (1) Addition to the system.--Upon acceptance of title by the Secretary of Agriculture, the 140,000 acres of land conveyed to the United States pursuant to section 3(a)(2) (A) and (B) of this Act shall be administered by the Secretary of Agriculture in accordance with the laws and regulations pertaining to the National Forest system. (2) Plan amendments.--Within 36 months after the completion of the exchange required by this Act, the Secretary of Agriculture shall amend applicable land and resource management plans and accompanying documents pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976 (16 U.S.C. 1604). (b) Other.-- (1) Addition to the national wildlife refuge system.--Once acquired by the United States, the 25,000 acres of land identified in section 3(a)(2)(C), the Cossatot lands, shall be managed by the Secretary of the Interior as a component of the Cossatot National Wildlife Refuge in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee). (2) Plan preparation.--Within 24 months after the completion of the exchange required by this Act, the Secretary of the Interior shall prepare and implement a single refuge management plan for the Cossatot National Wildlife Refuge, as expanded by this Act. Such plans shall recognize the important public purposes served by the nonconsumptive activities, other recreational activities, and wildlife-related public use, including hunting, fishing and trapping. The plan shall permit, to the maximum extent practicable, compatible uses to the extent that they are consistent with sound wildlife management and in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee) and other applicable laws. Any regulations promulgated by the Secretary of the Interior with respect to hunting, fishing, and trapping on those lands shall, to the extent practicable, be consistent with State fish and wildlife laws and regulations. In preparing the management plan and regulations, the Secretary of the Interior shall consult with the Arkansas Game and Fish Commission. (3) Interim use of lands.-- (A) In general.--Except as provided in paragraph (2), during the period beginning on the date of the completion of the exchange of lands required by this Act and ending on the first date of the implementation of the plan prepared under paragraph (2), the Secretary of the Interior shall administer all lands added to the Cossatot National Wildlife Refuge pursuant to this Act in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee) and other applicable laws. (B) Hunting Seasons.--During the period described in subparagraph (A), the duration of any hunting season on the lands described in paragraph (1) shall comport with the applicable State law. SEC. 5. OUACHITA NATIONAL FOREST BOUNDARY ADJUSTMENT. (a) In general.--Upon acceptance of title by the Secretary of Agriculture of the lands conveyed to the United States pursuant to section 3(a)(2) (A) and (B), the boundaries of the Ouachita National Forest shall be adjusted to encompass those lands conveyed to the United States generally depicted on the maps entitled ``Arkansas- Oklahoma Land Exchange--Weyerhaeuser Oklahoma Lands'' and ``Arkansas- Oklahoma Land Exchange--Weyerhaeuser Arkansas Ouachita Lands'', dated ____________ 1996. For the purpose of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Ouachita National Forest, as adjusted by this Act, shall be considered to be the boundaries of the Forest as of January 1, 1965. (b) Maps and Boundary Descriptions.--Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall prepare a boundary description of the lands depicted on the maps referred to in section 3(a)(2) (A) and (B). Such maps and boundary description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors.

Authorizes and directs the Secretaries of Agriculture and the Interior to enter into an exchange with the Weyerhaeuser Company of specified lands, including mineral, oil, and gas interests, in Arkansas and Oklahoma. Provides for the inclusion of such lands in the Ouachita National Forest and the Cossatot National Wildlife Refuge.

To provide for the exchange of certain federally owned lands and mineral interests therein, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Telecommunications Improvement and Value Enhancement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the average telephone penetration rate for Native Americans on reservations is 47 percent (with some reservations as low as 16 percent) as compared to 94 percent for the entire United States; (2) barriers to telephone penetration on Native American reservations include poverty (the per capita income for Native Americans is $8,234), the high cost of service due to sparse population, and geographic challenges; and (3) without telephone service, individuals cannot obtain access to medical care in an emergency (911 service), cannot reach prospective employers quickly and easily, and cannot take advantage of the educational, medical, and commercial opportunities offered by the Internet. SEC. 3. ESTABLISHMENT OF LOAN PROGRAM. The Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) is amended by adding at the end the following: ``TITLE VI--MISCELLANEOUS PROVISIONS ``SEC. 601. NATIVE AMERICAN TELECOMMUNICATIONS IMPROVEMENT AND VALUE ENHANCEMENT LOAN PROGRAM. ``(a) In General.--The Secretary, acting through the Rural Utilities Service, shall establish a program to make loans to eligible Indian tribes (or tribal entities that have entered into a partnership with a telecommunications carrier) to enable such tribes to provide for the development of telecommunications infrastructure (wireline or wireless) on lands under the jurisdiction of the tribe involved. ``(b) Eligibility.--To be eligible to receive a loan under the program established under subsection (a) an Indian tribe shall-- ``(1)(A) be a member of a cooperative that is made up of Federally-recognized Indian tribes specifically formed for the purpose of providing telecommunications services to members of the tribes involved; or ``(B) be a Federally-recognized Indian tribe that has entered into an agreement with a telecommunications carrier for the purpose of obtaining loans under this section to improve the telecommunications infrastructure on lands under the jurisdiction of the tribe involved; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a telecommunications plan that meets the requirements of section 305(d)(3)(B). ``(c) Revolving Loan Fund.-- ``(1) In general.--There is hereby established in the Treasury of the United States a fund, to be known as the Native American Telecommunications Improvement Revolving Fund (referred to as the `Fund'), consisting of-- ``(A) all notes, bonds, obligations, liens, mortgages, and property delivered or assigned to the Secretary pursuant to loans made under this section, and all proceeds from the sales of such notes, bonds, obligations, liens, mortgages, and property, which shall be transferred to and be assets of the Fund; ``(B) all collections of principal and interest received on a loan made under subsection (a), which shall be paid into and be assets of the Fund; and ``(C) all amounts appropriated to the Fund under subsection (f). ``(2) Use.--The assets of the Fund shall be used-- ``(A) to make loans under subsection (a) and to otherwise administer the loan program under this section; and ``(B) to award grants as provided for in subsection (e). ``(d) Interest.--The interest rate for any loan made under subsection (a) shall not exceed an annual rate of-- ``(1) two percent for loans made to tribes where the per capita income of the area to be served under the loan is 25 percent or less of the per capita income of the entire United States, based on the most recent census; ``(2) three percent for loans made to tribes where the per capita income of the area to be served under the loan is at least 26 percent but less than 34 percent of the per capita income of the entire United States, based on the most recent census; ``(3) four percent for loans made to tribes where the per capita income of the area to be served under the loan is at least 34 percent but less than 51 percent or less of the per capita income of the entire United States, based on the most recent census; or ``(4) five percent for loans made to tribes-- ``(A) where the per capita income of the area to be served under the loan is at least 51 percent of the per capita income of the entire United States, based on the most recent census; or ``(B) that otherwise meet the definition of hardship as contained in the Rural Utilities Service regulations in effect on the date of enactment of this Act. ``(e) Grants.-- ``(1) In general.--The Secretary shall award grants to Indian tribes to enable such tribes to conduct feasibility studies with respect to tribal telecommunications projects ``(2) Limitation.--The amount of a grant awarded under paragraph (1) shall not exceed $200,000. ``(3) Funding.--Of the amount appropriated under subsection (f) and transferred to the Fund-- ``(A) $2,000,000 shall be available immediately upon the appropriation of funds under subsection (f) and be used to award grants under this section; and ``(B) an amount determined appropriate by the Secretary from the interest derived from loans made under this section shall be used to award grants under this section upon the use of all funds under subparagraph (A). ``(f) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000,000 to carry out this section. ``(g) Definitions.--In this section: ``(1) Federally-recognized indian tribe.--The term `Federally-recognized Indian tribe' means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that is acknowledged by the Federal Government to constitute a government-to-government relationship with the United States and to be eligible for the programs and services established by the United States for Indians. ``(2) Telecommunications carrier.--The term `telecommunications carriers' means any provider of telecommunications services. ``(h) Termination.--The program established under this section shall terminate on the earlier of-- ``(1) the date that is 10 years after the date on which the first loan is made under the program; or ``(2) the date on which the Secretary determines that the telecommunications penetration rate is at least 90 percent of all households on reservation lands.''.

Native American Telecommunications Improvement and Value Enhancement Act - Amends the Rural Electrification Act of 1936 to direct the Secretary of Agriculture to establish a program to make loans to eligible Indian tribes, or tribal entities that have entered into a partnership with a telecommunications carrier, to enable such tribes to provide for the development of telecommunications infrastructure (wireline or wireless) on lands under their jurisdiction. Outlines tribal eligibility requirements, including submission of a telecommunications plan.Establishes in the Treasury the Native American Telecommunications Improvement Revolving Fund to make loans and award grants to eligible tribes. Limits loan interest rates dependent upon tribal per capita income.Directs the Secretary to award grants to enable tribes to conduct feasibility studies with respect to telecommunications projects. Limits grants to $200,000.Terminates the program on the earlier of: (1) ten years after the first loan is made; or (2) the date on which the Secretary determines that the telecommunications penetration rate is at least 90 percent of all households on reservation lands.

A bill to provide loans for the improvement of telecommunications services on Indian reservations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Delivering Antimicrobial Transparency in Animals Act of 2013''. SEC. 2. FINDINGS. The Congress finds the following: (1) Antimicrobials are of critical importance to public health and to the American economy. (2) Use of antimicrobials, whether in human medicine or in agriculture, contributes to the development and spread of antimicrobial resistance. (3) Data from the Food and Drug Administration (FDA) indicate that approximately 80 percent of all antimicrobials sold in the United States, over 29,000,000 pounds in 2009, were sold for use in food animals. (4) A study published in September, 2012, in Proceedings of the National Academy of Sciences of the United States of America found that even low doses of antimicrobials in animal feed for short periods of time increased the prevalence of the bacteria E. coli and the prevalence and diversity of antimicrobial resistance genes in bacteria in pigs. (5) Public Law 110-316, the Animal Drug User Fee Amendments of 2008, requires producers of drugs used in food animals to provide specified information annually to the FDA on the sales and indications for use of such drugs. (6) A September 2011 study by the Government Accountability Office found that the data provided to the FDA under the Animal Drug User Fee Amendments Act of 2008 lacked sufficient details necessary to analyze trends in antimicrobial resistance, such as information on actual drug use in specific food-producing animal species. SEC. 3. PURPOSE. The purpose of this Act is to provide the Food and Drug Administration and the public with better information on the use of antimicrobial drugs in animals used for food to-- (1) enable public health officials and scientists to better understand and interpret trends and variations in rates of microbial resistance to such antimicrobial drugs; (2) improve the understanding of the relationship between antimicrobial drug use in animals used for food and antimicrobial drug resistance in microbes in and on animals and humans; and (3) identify interventions to prevent and control such antimicrobial drug resistance. SEC. 4. ENHANCED REPORTING REQUIREMENTS. (a) Reports.--Section 512(l) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(l)) is amended by striking paragraph (3) and inserting the following: ``(3)(A) In the case of each new animal drug described in paragraph (1) that contains an antimicrobial active ingredient, the sponsor of the drug shall submit an annual report to the Secretary on the amount of each antimicrobial active ingredient in the drug that is sold or distributed for use in food- producing animals, including information on any distributor- labeled product. ``(B) Each report under this paragraph shall specify the amount of each antimicrobial active ingredient-- ``(i) by container size, strength, and dosage form; ``(ii) by quantities distributed to each State domestically and by quantities exported; and ``(iii) by dosage form, including (for each dosage form) the known or estimated amounts of the antimicrobial active ingredient sold or distributed for use in each food-producing animal for which the new animal drug is approved, including a description of the methods used to determine or estimate the amounts. ``(4)(A) Subject to subparagraph (B), in the case of animal feed in final formulation bearing or containing a new animal drug for which reporting is required under paragraph (3), a live poultry dealer, swine contractor, or feed lot operator who purchases, contracts, or manufactures such feed shall submit to the Secretary an annual report that specifies, by food- producing animal for which the new animal drug is approved and, where applicable as determined by the Secretary, by production class of such animal-- ``(i) the amount of each antimicrobial active ingredient contained per kilogram of each such feed sold or distributed for that animal and, where applicable, production class; ``(ii) the quantity of such feed sold or distributed for that animal and, where applicable, production class; and ``(iii) for each such feed sold or distributed under a veterinary feed directive-- ``(I) the indications for which the feed was sold or distributed and the quantities of such feed that were sold or distributed per each such indication; ``(II) the number of individuals of the food-producing animal and, where applicable, the production class to which the feed was intended; and ``(III) the length of time over which the feed was intended to be provided to the animals and the dose of the active antimicrobial ingredient the animals were intended to receive. ``(B)(i) Subparagraph (A) does not apply to a live poultry dealer, swine contractor, or feed lot operator if the total value of the live animals owned, purchased, sold, contracted for, or otherwise controlled by the dealer, contractor, or operator, directly or through subsidiaries or affiliates, per year, does not exceed-- ``(I) $10,000,000; or ``(II) such other sum as the Secretary may specify through regulation. ``(ii) The Secretary may specify through regulation alternative reporting requirements, including via pilot programs or based on the results of pilot programs-- ``(I) to improve the accuracy of reports; ``(II) to lessen the burden of reporting; ``(III) to facilitate the Secretary's ability to provide public summaries of the reports; or ``(IV) to improve the Secretary's ability to use the reports, or the public's ability to use the summaries under paragraph (5), to understand the relationship between sales, distribution, and end-use practices with respect to feed containing new animal drugs described in paragraph (1) and antimicrobial resistance trends in microbes in animals, animal food products, and humans. ``(5)(A) Each report under paragraph (3) or (4) shall-- ``(i) be submitted electronically not later than March 31 each year; ``(ii) cover the period of the preceding calendar year; ``(iii) include separate information for each month of such calendar year; and ``(iv) be in such format as the Secretary may require. ``(B) In specifying a format under subparagraph (A)(iv), the Secretary shall seek to ensure that such format enables the data reported to be integrated or otherwise easily associated and compared with data from other Federal databases containing data on-- ``(i) drug sales for human use; and ``(ii) rates of antimicrobial resistance in bacteria in and on animals, animal food products, and people. ``(C) The Secretary may share information reported under paragraph (3) or (4) with the Antimicrobial Resistance Task Force established under section 319E of the Public Health Service Act. ``(D)(i) Not later than November 30 each year, the Secretary shall make publicly available summaries of the information reported under paragraphs (3) and (4). ``(ii) For each summary under clause (i), except as provided in clause (iii), the Secretary shall-- ``(I) report data by antimicrobial drug class; ``(II) for each such antimicrobial drug class, specify-- ``(aa) the quantity of drugs sold or distributed per dosage form; ``(bb) the percentage of drugs sold or distributed with labeled indications that fall within each of the following categories: growth promotion, feed efficiency, or other production purposes; disease prevention; disease control; and disease treatment; ``(cc) the quantity of drugs sold or distributed per each of the following marketing categories: over-the-counter, prescription, and veterinary feed directive; ``(dd) the quantity of drugs sold or distributed per State of sale or distribution; and ``(ee) the known or estimated quantity of drugs sold or distributed for each food- producing animal and, where feasible, production class of such animal; and ``(III) for each feed sold or distributed under a veterinary food directive for which reporting is required under paragraph (4), include the information reported pursuant to subclauses (I), (II), and (III) of paragraph (4)(A)(iii). ``(iii) For any antimicrobial drug class with fewer than 3 sponsors of approved new animal drugs, instead of reporting data under clause (ii), the Secretary shall for each such class-- ``(I) report data by category of importance of the antimicrobial drugs within that class to human medicine, as determined by the Secretary; and ``(II) to the extent feasible for each such category, specify-- ``(aa) the quantity of drugs sold or distributed per dosage form; ``(bb) the percentage of drugs sold or distributed with labeled indications that fall within each of the following categories: growth promotion, feed efficiency, or other production purposes; disease prevention; disease control; and disease treatment; ``(cc) the quantity of drugs sold or distributed per each of the following marketing categories: over-the-counter, prescription, and veterinary feed directive; and ``(dd) the quantity of drugs sold or distributed per State of sale or distribution. ``(iv) In carrying out this subparagraph, the Secretary shall report data in a manner consistent with protecting both national security and confidential business information. ``(E) In this paragraph, the terms `live poultry dealer' and `swine contractor' have the meanings given to those terms in section 2 of the Packers and Stockyards Act, 1921.''. (b) Rule of Application.--The amendment made by this section applies to reports under paragraphs (3) and (4) of section 512(l) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(l)) (as amended by subsection (a)) that cover the period of calendar year 2014 or any subsequent calendar year. The provisions of section 512(l)(3) of such Act, as in effect the day before the date of enactment of this Act, apply to reports that cover the period of calendar year 2013. SEC. 5. ENHANCED COLLABORATION BETWEEN THE FOOD AND DRUG ADMINISTRATION AND THE DEPARTMENT OF AGRICULTURE. The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall increase collaboration and coordination with the Secretary of Agriculture to expand and coordinate the collection of data on the use of antimicrobial drugs in or on cattle, swine, chickens, turkeys, and such other food-producing animal species as agreed to by the Secretary of Health and Human Services and the Secretary of Agriculture, including by providing information to the Secretary of Agriculture for use by-- (1) the Animal and Plant Health Inspection Service to help inform its collection of data through the National Animal Health Monitoring System; and (2) the Economic Research Service to help inform its collection of data through the Agricultural Resource Management Survey. SEC. 6. ACTION BY GOVERNMENT ACCOUNTABILITY OFFICE. (a) Publication of Final Guidance.--Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall publish a final version of draft guidance #213, entitled ``New Animal Drugs and New Animal Drug Combination Products Administered in or on Medicated Feed or Drinking Water of Food- Producing Animals: Recommendations for Drug Sponsors for Voluntarily Aligning Product Use Conditions with GFI #209''. (b) Report by GAO.-- (1) In general.--Not later than 3 years after the publication of final guidance pursuant to subsection (a), the Comptroller General of the United States shall commence a study to evaluate-- (A) the voluntary approach used by the Food and Drug Administration to eliminate injudicious use of antimicrobial drugs in food-producing animals; and (B) the effectiveness of the data collection activities conducted by the Food and Drug Administration regarding antimicrobial resistance. (2) Report.--Not later than 1 year after commencing the study required by paragraph (1), the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of such study.

Delivering Antimicrobial Transparency in Animals Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act to revise reporting requirements for the sponsor of a new animal drug containing an antimicrobial active ingredient. Requires a sponsor's annual report to the Secretary of Health and Human Services (HHS) to specify for each dosage form the known or estimated amounts of the antimicrobial active ingredient sold or distributed for use in each food-producing animal for which the new animal drug is approved. Repeals the requirement that such report list, for each dosage form, the target animals, indications, and production classes specified on the approved label of the product. Requires live poultry dealers, swine contractors, or feed lot operators who purchase, contract, or manufacture animal feed in final formulation bearing or containing a new animal drug with an antimicrobial active ingredient to report annually to the Secretary information about such ingredient by food-producing animal for which the new animal drug is approved and, if applicable, by production class of the animal. Exempts dealers, contractors, or operators from this reporting requirement if the value of their live animals does not exceed $10 million or such other sum as the Secretary may specify. Authorizes the Secretary to specify alternative reporting requirements. Establishes requirements for: (1) publicly available summaries of the information in the annual reports, including data by antimicrobial class; and (2) how to report data with fewer than three sponsors of such approved new animal drugs. Requires the Secretary, acting through the Commissioner of Food and Drugs (FDA), to increase collaboration and coordination with the Secretary of Agriculture (USDA) to expand and coordinate the collection of data on the use of antimicrobial drugs in or on food-producing animals, as well as provide information to the Secretary of Agriculture for use by: (1) the Animal and Plant Health Inspection Service to help inform its collection of data through the National Animal Health Monitoring System, and (2) the Economic Research Service to help inform its collection of data through the Agricultural Resource Management Survey. Requires the Secretary to publish a final version of draft guidance #213 entitled “New Animal Drugs and New Animal Drug Combination Products Administered in or on Medicated Feed or Drinking Water of Food-Producing Animals: Recommendations for Drug Sponsors for Voluntarily Aligning Product Use Conditions with GFI #209.” Requires the Comptroller General (GAO), within three years after such publication, to evaluate: (1) the voluntary approach used by the FDA to eliminate injudicious use of antimicrobial drugs in food-producing animals, and (2) the effectiveness of FDA data collection activities regarding antimicrobial resistance.

Delivering Antimicrobial Transparency in Animals Act of 2013

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Iraq Redeployment Timetable and Political Reconciliation Act of 2008''. SEC. 2. SENSE OF CONGRESS REGARDING SERVICE OF UNITED STATES ARMED FORCES IN IRAQ AND POLITICAL RECONCILIATION IN IRAQ. It is the sense of the Congress that-- (1) the men and women of the United States Armed Forces have served honorably and expertly in Operation Iraqi Freedom; (2) political reconciliation in the Republic of Iraq is the key component in providing stability in Iraq; (3) political reconciliation cannot occur in the Republic of Iraq without robust diplomatic efforts by the United States and the international community; (4) the overwhelming presence of the United States Armed Forces in Iraq has neither encouraged nor precipitated the political, religious, ethnic, and tribal leaders in Iraq to achieve political and diplomatic solutions in providing security and stability for their own nation; (5) a defined schedule for redeployment of the United States Armed Forces from Iraq, which is the only real remaining political leverage available to the United States, is the quickest, safest, and most responsible way to bring the Armed Forces home; (6) a defined schedule for redeployment requires the people and government of Iraq to take responsibility for their future and will help engage the international community to assist the people and government of Iraq in making political progress; and (7) continuous and extended deployments of the United States Armed Forces have compromised United States military readiness around the globe and reduced the ability of the United States to respond to other international commitments, notably Afghanistan. SEC. 3. TIMETABLE FOR REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ. (a) Commencement of Redeployment.--Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense shall commence the redeployment of the units and members of the United States Armed Forces deployed in Iraq. (b) Purpose of Redeployment.--The redeployment required by this section shall be carried out for purposes of-- (1) ensuring that the national security interests of the United States are protected; and (2) improving the military readiness of the United States Armed Forces. (c) Completion of Redeployment.--The Secretary of Defense shall complete the redeployment of the United States Armed Forces from Iraq by the end of the 180-day period beginning on the date on which the Secretary of Defense commences the redeployment required by subsection (a). (d) Redeployment Report.--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 report outlining the necessary elements of the required timetable for the redeployment of the United States Armed Forces from Iraq. To the maximum extent possible, the report shall be submitted in an unclassified format. The report shall include-- (1) a timetable for completion of the redeployment within 180 days after commencement; (2) an estimate of the number of members of the United States Armed Forces needed to perform the activities described in subsection (f); (3) an estimate of the number of sea, air, and ground equipment required to perform the activities described in subsection (f); (4) a plan for ensuring the safe and orderly withdrawal of the United States Armed Forces from Iraq; (5) an estimate of the cost of providing security for United States citizens remaining in Iraq to conduct diplomatic, economic, and social rehabilitation, including Provincial Reconstruction Teams; and (6) the total estimated costs of redeployment. (e) Certification of Redeployment.--Upon the completion of the redeployment, the Secretary of Defense shall submit a report to the congressional defense committees certifying that all United States Armed Forces have been redeployed from Iraq. (f) Protection of United States Embassy in Baghdad, Iraq.-- Notwithstanding any other provision of this Act, the Secretary of Defense may retain members of the United States Armed Forces in Iraq in such numbers as the Secretary considers required for protection of the United States Embassy compound in Baghdad, Iraq. SEC. 4. RELATIONS WITH THE GOVERNMENT OF IRAQ. (a) Diplomatic Relations.--Concurrently with the redeployment of United States Armed Forces pursuant to section 3, the Secretary of State shall continue to work with the elected Government of Iraq to provide for the security and stability of Iraq and its transition to democratic rule through diplomatic means. (b) Continuation of Diplomatic, Social, and Economic Rehabilitation Activities in Iraq.--Nothing in this Act shall be construed to prohibit or otherwise restrict the use of funds available to any department or agency of the United States, other than the Department of Defense, to carry out diplomatic, social, and economic rehabilitation activities in Iraq. (c) Report and Components.--Not later than 30 days after the date of the enactment of this Act, and every 30 days thereafter, the President of the United States shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report describing the efforts by the United States to carry out diplomatic, social, and economic rehabilitation activities in Iraq. The report shall include, at minimum-- (1) current efforts to effect political dialogue among the political, religious, ethnic, and tribal leaders in Iraq; (2) current efforts of international organizations in assisting with political reconciliation in Iraq; and (3) initiatives, either planned or ongoing, for assistance by the United States to the Government of Iraq to assist in the areas of governance, rule of law, democracy, and human rights protections. SEC. 5. MIDDLE EAST SECURITY AND ECONOMIC ORGANIZATION. (a) Sense of the Congress.--It is the sense of Congress that-- (1) security and stability in Iraq and the broader Middle East is vital to all nations of the world; (2) diplomatic involvement of the broader international community in the regional security and stability of Iraq and the Middle East region is essential; (3) involvement in the Middle East region remains vital to the national security interests of the United States; (4) the Middle East region lacks a regional security and economic organization that would allow for increased dialogue among participating nations; (5) a regional security and economic organization, modeled on the Organization for Security and Cooperation in Europe, should be created; and (6) a regional, multilateral security and economic organization provides the structure necessary to cultivate regional security and to promote economic development and cooperation in the Middle East region. (b) Negotiations.--In parallel with the redeployment of United States Armed Forces from Iraq pursuant to section 3, the Secretary of State shall begin immediate negotiations for the creation of a multi- lateral security and economic organization for the Middle East region, to be known as the ``Middle East Security and Economic Organization''. (c) Purpose.--The purpose of the Middle East Security and Economic Organization is to cultivate regional security and to promote economic development and cooperation in the Middle East region. (d) Composition.--At minimum, the Middle East Security and Economic Organization should be comprised of nations located in the Persian Gulf and broader Middle East region, as well as the broader international community. It is the sense of Congress that the composition of the Middle East Security and Economic Organization include-- (1) representative countries from the League of Arab States; (2) member states from the North Atlantic Treaty Organization; and (3) interested nations holding seats in the UN General Assembly. (e) Report.--Within 30 days after commencement of negotiations to establish the Middle East Security and Economic Organization, and every 30 days thereafter until negotiations are complete, the Secretary of State shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report describing the progress of negotiations in forming the Middle East Security and Economic Organization. SEC. 6. DEFINITIONS. In this Act: (1) The term ``United States Armed Forces'' has the meaning given the term ``armed forces'' in section 101(a)(4) of title 10, United States Code. (2) 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.

Iraq Redeployment Timetable and Political Reconciliation Act of 2008 - Directs the Secretary of Defense to: (1) begin U.S. military redeployment from Iraq within 90 days after the enactment of the Act; and (2) complete such redeployment within 180 days. States that the redeployment shall be carried out in order to protect U.S. national security interests and improve U.S. military readiness. Authorizes the Secretary to retain U.S. military forces in Iraq as required for protection of the U.S. Embassy compound in Baghdad, Iraq. Directs the Secretary of State to: (1) continue to work with the government of Iraq to provide for the security and stability of Iraq and its transition to democratic rule through diplomatic means; and (2) begin negotiations for the creation of a multilateral security and economic organization for the Middle East region (the Middle East Security and Economic Organization).

To provide for a timetable for the redeployment of the United States Armed Forces from Iraq and to seek political and diplomatic solutions for the security and stability of the Republic of Iraq.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guam World War II Loyalty Recognition Act''. SEC. 2. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF GUAM. (a) Recognition of the Suffering of the Residents of Guam.--The United States recognizes that, as described by the Guam War Claims Review Commission, the residents of Guam, on account of their United States nationality, suffered unspeakable harm as a result of the occupation of Guam by Imperial Japanese military forces during World War II, by being subjected to death, rape, severe personal injury, personal injury, forced labor, forced march, or internment. (b) Recognition of the Loyalty of the Residents of Guam.--The United States forever will be grateful to the residents of Guam for their steadfast loyalty to the United States, as demonstrated by the countless acts of courage they performed despite the threat of death or great bodily harm they faced at the hands of the Imperial Japanese military forces that occupied Guam during World War II. SEC. 3. GUAM WORLD WAR II CLAIMS FUND. (a) Establishment of Fund.--The Secretary of the Treasury shall establish in the Treasury of the United States a special fund (in this Act referred to as the ``Claims Fund'') for the payment of claims submitted by compensable Guam victims and survivors of compensable Guam decedents in accordance with sections 4 and 5. (b) Composition of Fund.--The Claims Fund established under subsection (a) shall be composed of amounts deposited into the Claims Fund under subsection (c) and any other payments made available for the payment of claims under this Act. (c) Payment of Certain Duties, Taxes, and Fees Collected From Guam Deposited Into Fund.-- (1) In general.--Notwithstanding section 30 of the Organic Act of Guam (48 U.S.C. 1421h), the excess of-- (A) any amount of duties, taxes, and fees collected under such section after fiscal year 2014, over (B) the amount of duties, taxes, and fees collected under such section during fiscal year 2014, shall be deposited into the Claims Fund. (2) Application.--Paragraph (1) shall not apply after the date for which the Secretary of the Treasury determines that all payments required to be made under section 4 have been made. (d) Limitation on Payments Made From Fund.-- (1) In general.--No payment may be made in a fiscal year under section 4 until funds are deposited into the Claims Fund in such fiscal year under subsection (c). (2) Amounts.--For each fiscal year in which funds are deposited into the Claims Fund under subsection (c), the total amount of payments made in a fiscal year under section 4 may not exceed the amount of funds available in the Claims Fund for such fiscal year. (e) Deductions From Fund for Administrative Expenses.--The Secretary of the Treasury shall deduct from any amounts deposited into the Claims Fund an amount equal to 5 percent of such amounts as reimbursement to the Federal Government for expenses incurred by the Foreign Claims Settlement Commission and by the Department of the Treasury in the administration of this Act. The amounts so deducted shall be covered into the Treasury as miscellaneous receipts. SEC. 4. PAYMENTS FOR GUAM WORLD WAR II CLAIMS. (a) Payments for Death, Personal Injury, Forced Labor, Forced March, and Internment.--After the Secretary of the Treasury receives the certification from the Chairman of the Foreign Claims Settlement Commission as required under section 4(b)(8), the Secretary of the Treasury shall make payments to compensable Guam victims and survivors of a compensable Guam decedents as follows: (1) Compensable guam victim.--Before making any payments under paragraph (2), the Secretary shall make payments to compensable Guam victims as follows: (A) In the case of a victim who has suffered an injury described in subsection (c)(2)(A), $15,000. (B) In the case of a victim who is not described in subparagraph (A), but who has suffered an injury described in subsection (c)(2)(B), $12,000. (C) In the case of a victim who is not described in subparagraph (A) or (B), but who has suffered an injury described in subsection (c)(2)(C), $10,000. (2) Survivors of compensable guam decedents.--In the case of a compensable Guam decedent, the Secretary shall pay $25,000 for distribution to survivors of the decedent in accordance with subsection (b). The Secretary shall make payments under this paragraph only after all payments are made under paragraph (1). (b) Distribution of Survivor Payments.--A payment made under subsection (a)(2) to the survivors of a compensable Guam decedent shall be distributed as follows: (1) In the case of a decedent whose spouse is living as of the date of the enactment of this Act, but who had no living children as of such date, the payment shall be made to such spouse. (2) In the case of a decedent whose spouse is living as of the date of the enactment of this Act and who had one or more living children as of such date, 50 percent of the payment shall be made to the spouse and 50 percent shall be made to such children, to be divided among such children to the greatest extent possible into equal shares. (3) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had one or more living children as of such date, the payment shall be made to such children, to be divided among such children to the greatest extent possible into equal shares. (4) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had no living children as of such date, but who-- (A) had a parent who is living as of such date, the payment shall be made to the parent; or (B) had two parents who are living as of such date, the payment shall be divided equally between the parents. (5) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act, who had no living children as of such date, and who had no parents who are living as of such date, no payment shall be made. (c) Definitions.--For purposes of this Act: (1) Compensable guam decedent.--The term ``compensable Guam decedent'' means an individual determined under section 5 to have been a resident of Guam who died as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, and whose death would have been compensable under the Guam Meritorious Claims Act of 1945 (Public Law 79-224) if a timely claim had been filed under the terms of such Act. (2) Compensable guam victim.--The term ``compensable Guam victim'' means an individual who is not deceased as of the date of the enactment of this Act and who is determined under section 5 to have suffered, as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, any of the following: (A) Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis). (B) Forced labor or a personal injury not under subparagraph (A) (such as disfigurement, scarring, or burns). (C) Forced march, internment, or hiding to evade internment. (3) Definitions of severe personal injuries and personal injuries.--Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall promulgate regulations to specify the injuries that constitute a severe personal injury or a personal injury for purposes of subparagraphs (A) and (B), respectively, of paragraph (2). SEC. 5. ADJUDICATION. (a) Authority of Foreign Claims Settlement Commission.-- (1) In general.--The Foreign Claims Settlement Commission shall adjudicate claims and determine the eligibility of individuals for payments under section 4. (2) Rules and regulations.--Not later than 180 days after the date of the enactment of this Act, the Chairman of the Foreign Claims Settlement Commission shall publish in the Federal Register such rules and regulations as may be necessary to enable the Commission to carry out the functions of the Commission under this Act. (b) Claims Submitted for Payments.-- (1) Submittal of claim.--For purposes of subsection (a)(1) and subject to paragraph (2), the Foreign Claims Settlement Commission may not determine an individual is eligible for a payment under section 4 unless the individual submits to the Commission a claim in such manner and form and containing such information as the Commission specifies. (2) Filing period for claims and notice.-- (A) Filing period.--An individual filing a claim for a payment under section 4 shall file such claim not later than one year after the date on which the Foreign Claims Settlement Commission publishes the notice described in subparagraph (B). (B) Notice of filing period.--Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall publish a notice of the deadline for filing a claim described in subparagraph (A)-- (i) in the Federal Register; and (ii) in newspaper, radio, and television media in Guam. (3) Adjudicatory decisions.--The decision of the Foreign Claims Settlement Commission on each claim filed under this Act shall-- (A) be by majority vote; (B) be in writing; (C) state the reasons for the approval or denial of the claim; and (D) if approved, state the amount of the payment awarded and the distribution, if any, to be made of the payment. (4) Deductions in payment.--The Foreign Claims Settlement Commission shall deduct, from a payment made to a compensable Guam victim or survivors of a compensable Guam decedent under this section, amounts paid to such victim or survivors under the Guam Meritorious Claims Act of 1945 (Public Law 79-224) before the date of the enactment of this Act. (5) Interest.--No interest shall be paid on payments made by the Foreign Claims Settlement Commission under section 4. (6) Limited compensation for provision of representational services.-- (A) Limit on compensation.--Any agreement under which an individual who provided representational services to an individual who filed a claim for a payment under this Act that provides for compensation to the individual who provided such services in an amount that is more than one percent of the total amount of such payment shall be unlawful and void. (B) Penalties.--Whoever demands or receives any compensation in excess of the amount allowed under subparagraph (A) shall be fined not more than $5,000 or imprisoned not more than one year, or both. (7) Appeals and finality.--Objections and appeals of decisions of the Foreign Claims Settlement Commission shall be to the Commission, and upon rehearing, the decision in each claim shall be final, and not subject to further review by any court or agency. (8) Certifications for payment.--After a decision approving a claim becomes final, the Chairman of the Foreign Claims Settlement Commission shall certify such decision to the Secretary of the Treasury for authorization of a payment under section 4. (9) Treatment of affidavits.--For purposes of section 4 and subject to paragraph (2), the Foreign Claims Settlement Commission shall treat a claim that is accompanied by an affidavit of an individual that attests to all of the material facts required for establishing the eligibility of such individual for payment under such section as establishing a prima facie case of the eligibility of the individual for such payment without the need for further documentation, except as the Commission may otherwise require. Such material facts shall include, with respect to a claim for a payment made under section 4(a), a detailed description of the injury or other circumstance supporting the claim involved, including the level of payment sought. (10) Release of related claims.--Acceptance of a payment under section 4 by an individual for a claim related to a compensable Guam decedent or a compensable Guam victim shall be in full satisfaction of all claims related to such decedent or victim, respectively, arising under the Guam Meritorious Claims Act of 1945 (Public Law 79-224), the implementing regulations issued by the United States Navy pursuant to such Act (Public Law 79-224), or this Act. SEC. 6. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING WORLD WAR II. (a) Establishment.--Subject to subsection (b), the Secretary of the Interior shall establish a grant program under which the Secretary shall award grants for research, educational, and media activities for purposes of appropriately illuminating and interpreting the causes and circumstances of the occupation of Guam during World War II and other similar occupations during the war that-- (1) memorialize the events surrounding such occupation; or (2) honor the loyalty of the people of Guam during such occupation. (b) Eligibility.--The Secretary of the Interior may not award a grant under subsection (a) unless the person seeking the grant submits an application to the Secretary for such grant, in such time, manner, and form and containing such information as the Secretary specifies. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Guam World War II Claims Payments and Adjudication.--There are authorized to be appropriated for any fiscal year beginning after the date of the enactment of this Act, such sums as may be necessary to enable the Commission and the Treasury Department to pay their respective administrative expenses incurred in carrying out their functions under sections 4 and 5. Amounts appropriated under this section may remain available until expended. (b) Guam World War II Grants Program.--For purposes of carrying out section 6, there are authorized to be appropriated $5,000,000 for each fiscal year beginning after the date of the enactment of this Act.

Guam World War II Loyalty Recognition Act Recognizes the suffering and the loyalty of the residents of Guam during the Japanese occupation of Guam in World War II. Directs the Secretary of the Treasury to establish a Fund for the payment of claims submitted by compensable Guam victims and survivors of compensable Guam decedents. Directs the Secretary to make specified payments to: (1) living Guam residents who were raped, injured, interned, or subjected to forced labor or marches, or internment resulting from, or incident to, such occupation and subsequent liberation; and (2) survivors of compensable residents who died in war (such payments to be made after payments have been made to surviving Guam residents). Directs the Foreign Claims Settlement Commission to specify injuries that would constitute a severe personal injury or a personal injury and adjudicate claims and determine payment eligibility. Requires claims to be filed within one year after the Commission publishes notice of the filing period in the Federal Register and in the Guam media. Directs the Secretary of the Interior to establish a grant program for research, educational, and media activities that memorialize the events surrounding the occupation of Guam during World War II or honor the loyalty of the people of Guam during such occupation.

Guam World War II Loyalty Recognition Act

SECTION 1. TREATMENT OF LOTTERY WINNINGS AND OTHER LUMP-SUM INCOME FOR PURPOSES OF INCOME ELIGIBILITY UNDER MEDICAID. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)(17), by striking ``(e)(14), (e)(14)'' and inserting ``(e)(14), (e)(15)''; and (2) in subsection (e)-- (A) in paragraph (14) (relating to modified adjusted gross income), by adding at the end the following new subparagraph: ``(J) Treatment of certain lottery winnings and income received as a lump sum.-- ``(i) In general.--In the case of an individual who is the recipient of qualified lottery winnings (pursuant to lotteries occurring on or after January 1, 2018) or qualified lump sum income (received on or after such date) and whose eligibility for medical assistance is determined based on the application of modified adjusted gross income under subparagraph (A), a State shall, in determining such eligibility, include such winnings or income (as applicable) as income received-- ``(I) in the month in which such winnings or income (as applicable) is received if the amount of such winnings or income is less than $60,000; ``(II) over a period of two months if the amount of such winnings or income (as applicable) is greater than or equal to $60,000 but less than $70,000; ``(III) over a period of three months if the amount of such winnings or income (as applicable) is greater than or equal to $70,000 but less than $80,000; and ``(IV) over an additional one-month period for each increment of $10,000 of such winnings or income (as applicable) received, not to exceed 120 months (for winnings or income of $1,240,000 or more), if the amount of such winnings or income is greater than or equal to $80,000. ``(ii) Counting in equal installments.--For purposes of clause (i), winnings or income to which such clause applies shall be counted in equal monthly installments over the applicable period of months specified in such clause. ``(iii) Qualified lottery winnings defined.--In this subparagraph, the term `qualified lottery winnings' means winnings from a sweepstakes, lottery, or pool described in paragraph (3) of section 4402 of the Internal Revenue Code of 1986 or a lottery operated by a multistate or multijurisdictional lottery association, including amounts awarded as a lump sum payment. ``(iv) Qualified lump sum income defined.-- In this subparagraph, the term `qualified lump sum income' means income that is received as a lump sum from one of the following sources: ``(I) Monetary winnings from gambling (as defined by the Secretary and including gambling activities described in section 1955(b)(4) of title 18, United States Code). ``(II) Damages received, whether by suit or agreement and whether as lump sums or as periodic payments (other than monthly payments), on account of causes of action other than causes of action arising from personal physical injuries or physical sickness. ``(III) Income received as liquid assets from the estate (as defined in section 1917(b)(4)) of a deceased individual.''; and (B) by striking ``(14) Exclusion'' and inserting ``(15) Exclusion''. (b) Rule of Construction.--Nothing in the amendment made by subsection (a)(2)(A) shall be construed as preventing a State from intercepting the State lottery winnings awarded to an individual in the State to recover amounts paid by the State under the State Medicaid plan under title XIX of the Social Security Act for medical assistance furnished to the individual.

This bill amends title XIX (Medicaid) to specify how a state must treat qualified lottery winnings and lump sum income for purposes of determining an individual's income-based eligibility for a state Medicaid program. Specifically, a state shall include such winnings or income as income received: (1) in the month in which it was received, if the amount is less than $60,000; (2) over a period of two months, if the amount is at least $60,000 but less than $70,000; (3) over a period of three months, if the amount is at least $70,000 but less than $80,000; and (4) over an additional one-month period for each increment of $10,000 received, not to exceed 120 months. Qualified lump sum income includes: (1) monetary winnings from gambling; (2) damages received in lump sums or periodic payments, excluding monthly payments, on account of causes of action other than those arising from personal physical injuries or sickness; and (3) income received as liquid assets from the estate of a deceased individual.

To amend title XIX of the Social Security Act to clarify the treatment of lottery winnings and other lump sum income for purposes of income eligibility under the Medicaid program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Make it in America Awards Act of 2014''. SEC. 2. PRESIDENTIAL MAKE IT IN AMERICA AWARDS. (a) Establishment and Award Criteria.--There are established the following Presidential awards: (1) The Presidential Reshoring Award, which shall be awarded to the best example of a United States company that returns manufacturing jobs and operations from overseas to the United States. (2) The Presidential Invest in America Award, which shall be awarded to the best example of a United States company that invests in significant new domestic manufacturing jobs and operations. (3) The Presidential Foreign Direct Investment Award, which shall be awarded to the best example of a foreign company that invests in United States manufacturing jobs and operations. (b) Making and Presentation of Awards.-- (1) Making of awards.--The President (on the basis of recommendations received from the Secretary of Commerce (hereafter in this section referred to as ``the Secretary'')), or the Secretary, shall periodically make each of the awards described in subsection (a) to a qualified organization in an eligible category which in the judgment of the President or the Secretary meets the relevant criteria described in paragraphs (1) through (3) of subsection (a). (2) Presentation of awards.--The presentation of the awards shall be made by the President or the Secretary with such ceremonies as the President or the Secretary determine to be appropriate. (c) Qualified Organization.--An organization may qualify for an award under this section only if it-- (1) submits an application to the Secretary; (2) permits a rigorous evaluation of the way in which its business and other operations have benefitted the economic or social well-being of the United States; and (3) meets such requirements and specifications as the Secretary determines to be appropriate to achieve the objectives of this section. (d) Categories in Which Awards May Be Given.-- (1) Eligible categories.--Subject to paragraph (2), each of the awards described in subsection (a) may be awarded in each of the following categories: (A) Small business. (B) Company or its subsidiary. (C) Company which primarily provides services. (D) Health care provider. (E) Education provider. (F) Nonprofit organization. (2) Modification of categories.-- (A) Upon a determination that the objectives of this section would be better served thereby, the Secretary may at any time expand, subdivide, or otherwise modify the list of categories within which awards may be made as initially in effect under paragraph (1), and may establish separate award categories for other organizations including units of government. (B) The expansion, subdivision, modification, or establishment of award categories under subparagraph (A) shall not be effective until the Secretary has submitted a detailed description thereof to the Congress and a period of 30 days has elapsed since that submission. (3) Number of awards.--In any year, not more than 1 of each award described in subsection (a) may be made to a qualified organization in each eligible category. No award shall be made within any category if there are no qualified organizations in that category. (e) Publication of Award.--An organization to which an award is made under this section may publicize the receipt of the award by the organization and may use the award in advertising. (f) Information Sharing.--The Secretary shall publish on the website of the Department of Commerce information on the successful strategies and programs of organizations that receive awards under this section. (g) Funding.--The Secretary is authorized to seek and accept gifts from public and private sources to carry out the program under this section. If additional sums are needed to cover the full cost of the program, the Secretary shall impose fees upon the organizations applying for an award in amounts sufficient to provide such additional sums. The Secretary is authorized to use appropriated funds to carry out responsibilities under this Act. (h) Report.--The Secretary shall prepare and submit to the President and the Congress, not later than 3 years after the date of the enactment of this Act, a report on the effectiveness of the activities conducted under this section.

Presidential Make it in America Awards Act of 2014 - Establishes the following presidential awards: the Presidential Reshoring Award, for the best example of a U.S. company that returns manufacturing jobs and operations from overseas to the United States; the Presidential Invest in America Award, for the best example of a U.S. company that invests in significant new domestic manufacturing jobs and operations, and the Presidential Foreign Direct Investment Award, for the best example of a foreign company that invests in U.S. manufacturing jobs and operations. Authorizes the awards, subject to modification, in the categories of: (1) small business, (2) company or its subsidiary, (3) company which primarily provides services, (4) health care provider, (5) education provider, and (6) nonprofit organization. Limits the awards to one of each in any year to a qualified organization in each eligible category. Requires the Secretary of Commerce to publish on the departmental website information on the successful strategies and programs of organizations that receive these awards.

Presidential Make it in America Awards Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Chance for Ex-Offenders Act of 2001''. SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN NONVIOLENT OFFENDERS. (a) In General.--Chapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following new subchapter: ``SUBCHAPTER D--EXPUNGEMENT ``Sec. ``3631. Expungement of certain criminal records in limited circumstances. ``3632. Requirements for expungement. ``3633. Procedure for expungement. ``3634. Effect of expungement. ``3635. Reversal of expunged records. ``3636. Unsealing of records. ``Sec. 3631. Expungement of certain criminal records in limited circumstances ``(a) In General.--Any individual convicted of an nonviolent offense who fulfills the requirements of section 3632 may file a petition under this subchapter to expunge the record of such conviction. ``(b) Definition of Nonviolent Offense.--In this subchapter, the term `nonviolent offense' means a misdemeanor or felony offense against the United States that does not have as an element of the offense the use of a weapon or violence and which did not actually involve violence in its commission. ``Sec. 3632. Requirements for expungement ``No individual shall be eligible for expungement under this subchapter unless, before filing a petition under this subchapter, such individual-- ``(1) has never been convicted of a violent offense (including an offense under State law that would be a violent offense if it were Federal) other than the one for which expungement is sought; ``(2) has fulfilled all requirements of the sentence of the court in which conviction was obtained, including completion of any term of imprisonment or period of probation, meeting all conditions of a supervised release, and paying all fines; ``(3) has remained free from dependency on or abuse of alcohol or a controlled substance a minimum of 1 year and has been rehabilitated, to the satisfaction of the court referred to in section 3633(b), if so required by the terms of a supervised release; ``(4) has obtained a high school diploma or completed a high school equivalency program; and ``(5) has completed at least one year of community service, as determined by the court referred to in section 3633(b). ``Sec. 3633. Procedure for expungement ``(a) Definition of Satisfaction of the Court.--In this subchapter, the term `satisfaction of the court' means the individual has met all conditions required at sentencing and conditions of probation by the court in which the conviction was obtained. ``(b) Petition.--An individual may file a petition for expungement at the satisfaction of the court in which the conviction was obtained if convicted of a felony and at the satisfaction of the court in which the conviction was obtained if convicted of a misdemeanor. A petition under this chapter may be made to the United States district court for the district in which the conviction was obtained. A copy of the petition shall be served by the court upon the United States Attorney for the district in which the conviction sought to be expunged was obtained. Not later than 60 days after receipt of such petition, the United States Attorney may submit written recommendations to the court and notify the petitioner of that recommendation. ``(c) Court-Ordered Expungement.--The court, after consideration of evidence submitted by the petitioner in support of the petition and any evidence submitted by the Government in support of objections it may have to granting the petition, shall rule on the petition. In making that ruling the court, after determining whether the petitioner meets the eligibility requirements of this subchapter, shall weigh the interests of the petitioner against the best interests of justice and public safety. ``Sec. 3634. Effect of expungement ``(a) In General.--An order granting expungement under this subchapter shall restore the individual concerned, in the contemplation of the law, to the status such individual occupied before the arrest or institution of criminal proceedings for the crime that was the subject of the expungement. ``(b) No Disqualification; Statements.--After an order granting expungement of any individual's criminal records under this subchapter, such individual shall not be required to divulge information pertaining to the expunged conviction and the fact that such individual has been convicted of the criminal offense concerned shall not-- ``(1) operate as a disqualification of such individual to pursue or engage in any lawful activity, occupation, profession, and ``(2) held under any provision of law guilty of perjury, false answering, or making a false statement by reason of his failure to recite or acknowledge such arrest or institution of criminal proceedings, or results thereof, in response to an inquiry made of him for any purpose. ``(c) Records Expunged or Sealed.--Upon order of expungement, all official law enforcement and court records, including all references to such person's arrest for the offense, the institution of criminal proceedings against him, and the results thereof, except publicly available court opinions or briefs on appeal, shall be expunged (in the case of nontangible records) or gathered together and sealed (in the case of tangible records). ``(d) Record of Disposition To Be Retained.--A nonpublic record of a disposition or conviction that is the subject of an expungement order shall be retained only by the Department of Justice solely for the purpose of use by the courts in any subsequent adjudication. ``Sec. 3635. Disclosure of expunged records ``(a) Law Enforcement Purposes.--The Department of Justice may maintain a nonpublic manual or computerized index of expunged records containing only the name of, and alphanumeric identifiers that relate to, the persons who are the subject of such expunged records, the word `expunged', and the name of the person, agency, office, or department that has custody of the expunged records, and shall not name the offense committed. The index shall be made available only to Federal and State law enforcement personnel who have custody of such expunged records and only for the purposes set forth in subsection (b) of this section. ``(b) Authorized Disclosure.--Such records shall be made available to the person accused or to such person's designated agent and shall be made available to-- ``(1) any prosecutor, law enforcement agency, or court which has responsibility for criminally investigating, prosecuting, or adjudicating such individual; ``(2) any State or local office or agency with responsibility for the issuance of licenses to possess guns where the accused has made application for such license; or ``(3) any prospective city, State, or Federal employer or agency, involved in investigating and/or prosecuting under criminal or civil statutes including employers of police or peace officers and in relation to an application for employment as an employee of a city, State, or Federal employer or agency involved in investigating or prosecuting under criminal or civil statutes including as a police officer or peace officer, and every person who is an applicant for the position of police officer, peace officer, or any other prospective city, State, or Federal employer or agency, involved in investigating or prosecuting under criminal or civil statutes shall be furnished with a copy of all records obtained under this paragraph and afforded an opportunity to make an explanation thereto. ``(c) Punishment for Improper Disclosure.--Any person who knowingly disseminates information relating to an expunged conviction other than the offender shall be fined under this title or imprisoned not more than one year, or both. ``Sec. 3636. Reversal of expunged records ``The records expunged under this subchapter shall be restored by operation of law as public records and may be used in all court proceedings if the individual whose conviction was expunged is subsequently convicted of any Federal or State offense.''. (b) Clerical Amendment.--The table of subchapters at the beginning of chapter 229 of title 18, United States Code, is amended by adding at the end the following item: ``D. Expungement......................................... 3631''. (d) Effective Date.--The amendments made by this Act shall apply to individuals convicted of an offense before, on, or after the date of enactment of this Act.

Second Chance for Ex-Offenders Act of 2001 - Amends the Federal criminal code to allow an individual to file a petition for expungement of a record of conviction for a nonviolent criminal offense if such individual has: (1) never been convicted of another violent offense; (2) fulfilled all requirements of the sentence of the court in which conviction was obtained; (3) remained free from dependency on or abuse of alcohol or a controlled substance for a minimum of one year and has been rehabilitated, to the court's satisfaction, if so required by the terms of supervised release; (4) obtained a high school diploma or completed a high school equivalency program; and (5) completed at least one year of community service.Authorizes an individual convicted of a felony or a misdemeanor to file an expungement petition. Directs the court, in ruling on such petition, after determining petitioner eligibility, to weigh the petitioner's interests against the best interests of justice and public safety.Authorizes the Department of Justice to maintain a nonpublic manual or computerized index of expunged records, to be made available only to Federal and State law enforcement personnel who have custody of such records for limited disclosure purposes.Requires the restoration of expunged records of individuals subsequently convicted of any Federal or State offense.

To permit expungement of records of certain nonviolent criminal offenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Outdoor Economy Act''. SEC. 2. OUTDOOR RECREATION ADVISORY COMMITTEE. (a) Establishment.--There is established within the Department of the Interior a committee, to be known as the ``Outdoor Recreation Advisory Committee'' (referred to in this section as the ``Committee''). (b) Membership.-- (1) Composition.--The Committee shall be composed of 17 members, of whom-- (A) one shall be the Chief of the Forest Service (or a designee); (B) one shall be the Director of the United States Fish and Wildlife Service (or a designee); (C) one shall be the Director of the Bureau of Land Management (or a designee); (D) one shall be the Director of the National Park Service (or a designee); (E) one shall be the Chief of Engineers (or a designee); (F) one shall be the Commissioner of the Bureau of Reclamation (or a designee); and (G) eleven shall be appointed jointly by the Secretary of Agriculture and the Secretary of the Interior, with special consideration given to appointees who represent diverse or underrepresented groups in the outdoor recreation economy, of whom one shall be a representative of each of-- (i) State fish and wildlife management agencies; (ii) Tribal governments; (iii) hunting organizations; (iv) angler organizations; (v) motorized recreation organizations; (vi) horsemen organizations; (vii) human-powered transportation organizations; (viii) organizations that provide outreach or education to encourage youth participation in the outdoors, with specific preference given to organizations that engage economically disadvantaged or other underserved youth populations; (ix) veterans service organizations; (x) the outdoor recreation retail industry; and (xi) conservation organizations. (2) Date of appointments.--The appointment of a member of the Committee shall be made not later than 180 days after the date of enactment of this Act. (3) Term; vacancies.-- (A) Term.--A member shall be appointed for the life of the Committee. (B) Vacancies.--A vacancy on the Committee-- (i) shall not affect the powers of the Committee; and (ii) shall be filled in the same manner as the original appointment was made. (4) Chairperson and vice chairperson.--The Committee shall select a chairperson and vice chairperson from among the members of the Committee. (c) Meetings.--The Committee shall meet at the call of the chairperson. (d) Duties.-- (1) Study.--The Committee shall conduct a study and develop recommendations relating to the following: (A) Increasing public access to public land. (B) Identifying and addressing the maintenance needs on public land that most directly impact recreational opportunities. (C) Reducing barriers for underserved communities to engage in outdoor recreation. (D) Promoting new and existing service opportunities on public land for youth and others. (E) Methods to engage the outdoor recreation community to curb the spread of invasive species. (F) Any other strategies to strengthen the outdoor recreation economy and increase responsible recreation on public land. (2) Report.--Not later than 2 years after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Committee shall submit to Congress a report that contains-- (A) a detailed statement of the findings and conclusions of the Committee under paragraph (1); and (B) recommendations of the Committee for such legislation and administrative actions as the Committee considers to be appropriate. (e) Powers.-- (1) Hearings.--The Committee may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Committee considers to be advisable to carry out this section. (2) Information from federal agencies.-- (A) In general.--The Committee may secure directly from a Federal department or agency such information as the Committee considers to be necessary to carry out this section. (B) Provision of information.--On request of the chairperson of the Committee, the head of a Federal department or agency shall provide the information to the Committee. (3) Postal services.--The Committee may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies. (f) Committee Personnel Matters.-- (1) Compensation of members.-- (A) Non-federal employees.--A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. (B) Federal employees.--A member of the Committee who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (2) Travel expenses.--A member of the Committee 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 Committee. (3) Staff.-- (A) In general.--The chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Committee to perform the duties of the Committee. (B) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Committee. (C) Compensation.-- (i) In general.--Except as provided in subparagraph (B), the chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (ii) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (4) Procurement of temporary and intermittent services.-- The chairperson of the Committee 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. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $2,000,000 for each fiscal year, to remain available until expended.

Outdoor Economy Act This bill establishes the Outdoor Recreation Advisory Committee within the Department of the Interior to study and develop recommendations relating to increasing public access to public land, addressing maintenance needs, reducing barriers to service opportunities on public land, strengthening the outdoor recreation economy, and increasing responsible recreation on public land.

Outdoor Economy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cherry Valley National Wildlife Refuge Study Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the scenic Cherry Valley area of northeastern Pennsylvania is blessed with more than 80 special-concern animal and plant species and natural habitats; (2) 6 species that are listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) have been documented within or near Cherry Valley, including-- (A) the bog turtle (possibly the most significant population of the listed subspecies); (B) the dwarf wedge mussel; (C) the northeastern bulrush; (D) the small whorled pogonia; (E) the bald eagle; and (F) the Indiana bat (a historic resident, for which efforts to reestablish favorable conditions are being carried out); (3) Cherry Valley provides habitat for at least 79 species of national or regional concern, which either nest in Cherry Valley or migrate through the area during critical times in their life cycle, including-- (A) neotropical migratory birds, such as the Cerulean Warbler, the Worm-eating Warbler, and the Wood Thrush, all of which nest in Cherry Valley; (B) waterfowl, such as the American Black Duck; (C) several globally rare plants, such as the spreading globeflower; and (D) anadromous fish species; (4)(A) the Cherry Valley watershed encompasses a large segment of the Kittatinny Ridge, an important migration route for birds of prey throughout the northeastern United States; and (B) every migratory raptor species in the northeast United States is regularly observed along the Kittatinny Ridge during the autumnal migration, including the bald eagle, the golden eagle, and the broad-winged hawk; (5) the Kittatinny Ridge also includes a long segment of the Appalachian Trail, a nationally significant natural, cultural, and recreational feature; (6) many of the significant wildlife habitats found in Cherry Valley, especially the rare calcareous wetlands, have disappeared from other localities in that range; (7) ongoing studies have documented the high water quality of Cherry Creek; (8) 2 federally-owned parcels of land are contiguous to the area to be studied under this Act for acquisition and inclusion in a potential Cherry Valley National Wildlife Refuge, including-- (A) the Delaware Water Gap National Recreation Area; and (B) a 700-acre segment of the Appalachian Trail owned by the National Park Service; and (9) public meetings over several years have demonstrated strong, deep, and growing local support for a Cherry Valley National Wildlife Refuge, as demonstrated by the following: (A) Area landowners, business and community leaders, media, and elected officials have consistently voiced their enthusiasm for a Cherry Valley National Wildlife Refuge. (B)(i) Numerous local communities and public and private conservation entities share complementary goals for protecting Cherry Valley and are energetically conserving wildlife habitat and farmland. (ii) Along with State land management agencies and the National Park Service, those local entities-- (I) represent potential strong partners for the United States Fish and Wildlife Service; and (II) view a Cherry Valley National Wildlife Refuge as a complement to existing private, county, municipal, and State efforts. (C) A number of local landowners have already put their land into conservation easements or other conservation arrangements. (D) A voter-approved Monroe County, Pennsylvania, open space fund and a voter-approved Stroud Township, Pennsylvania, municipal land conservation fund have contributed to many of the projects described in this paragraph. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Proposed Cherry Valley National Wildlife Refuge-Authorization Boundary'' and dated February 24, 2005. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Study area.--The term ``Study Area'' means the fish and wildlife habitat and aquatic and terrestrial communities in Cherry Valley that are-- (A) located in northeastern Pennsylvania; and (B) identified on the map. SEC. 4. STUDY OF REFUGE POTENTIAL AND FUTURE REFUGE LAND ACQUISITION. (a) Study.--Not later than 30 days after the date of enactment of this Act, the Secretary shall initiate a study to evaluate the Study Area for-- (1) the potential acquisition of the Study Area by the United States Fish and Wildlife Service through donation, exchange, or voluntary sale; and (2) the subsequent inclusion of the Study Area in a potential Cherry Valley National Wildlife Refuge. (b) Consultation.--In conducting the study under subsection (a), the Secretary shall consult with appropriate State and local officials, private conservation organizations, affected major landowners, and other interested persons regarding, with respect to the Study Area-- (1) the identification of eligible land, water, and interests that are appropriate for acquisition for a national wildlife refuge; and (2) the determination of the boundaries within which such an acquisition should be made. (c) Inclusions.--In conducting the study under subsection (a), the Secretary shall-- (1) determine whether the Study Area is suitable for-- (A) inclusion in the National Wildlife Refuge System; and (B) management in accordance with the policies of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.); (2) assess the conservation benefits to be gained from the establishment of a Cherry Valley National Wildlife Refuge including-- (A) preservation and maintenance of diverse populations of fish, wildlife, and plants, including species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B) protection and enhancement of aquatic and wetland habitats; (C) opportunities for compatible wildlife-dependent recreation, scientific research, and environmental education and interpretation; and (D) fulfillment of international obligations of the United States with respect to fish and wildlife and their habitats; and (3)(A) provide an opportunity for public participation; and (B) give special consideration to views expressed by local public and private entities regarding land, water, and interests in the Study Area for future acquisition for refuge purposes. (d) Limitation.--The Secretary shall acquire not more than 30,000 total acres of land, water, and interests in the Study Area. (e) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall-- (A) complete the study under subsection (a); and (B) submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives a report describing the results of the study. (2) Inclusions.--The report under paragraph (1)(B) shall include-- (A) a map that-- (i) identifies and prioritizes specific land, water, and interests in the Study Area for future acquisition by the Secretary; and (ii) delineates an acquisition boundary for a potential Cherry Valley National Wildlife Refuge; (B) a cost estimate for the acquisition of such land, water, and interests in the Study Area as the Secretary determines to be appropriate for refuge status; and (C) an estimate of funds that could be made available from non-Federal sources for the acquisition and management of land, water, and interests in the Study Area. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $200,000.

Cherry Valley National Wildlife Refuge Study Act - Requires the Secretary of the Interior to conduct a study to evaluate specified fish and wildlife habitat and aquatic and terrestrial communities in northeastern Pennsylvania for potential acquisition and subsequent inclusion in a future Cherry Valley National Wildlife Refuge. Prohibits the Secretary from acquiring more than 30,000 total acres of land, water, and interests in the study area.

A bill to direct the Secretary of the Interior to initiate and complete an evaluation of land and water located in northeastern Pennsylvania for future acquisition and inclusion in a potential Cherry Valley National Wildlife Refuge, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Service Fellowship Program Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Secretary of State Hillary Clinton has said that a critical component of our efforts to bolster national and global security is to ``find common ground and common purpose with other peoples'' and to invest in social development. (2) Polling data from Terror Free Tomorrow indicates that nearly 60 percent of the people of Indonesia and 75 percent of the people of Pakistan held more favorable views of the United States following humanitarian assistance after their tsunami and earthquake tragedies, respectively, and these changes in perception of the United States were sustained beyond the initial period of aid and service. (3) International volunteering opportunities are effective means of addressing critical human needs, building bridges across cultures, and promoting mutual understanding. (4) Current volunteer programs, such as the Peace Corps, remain an important part of Federal efforts to promote volunteer service and provide related programming. (5) Financial limitations are a common obstacle to volunteering overseas, and awarding financial fellowships would reduce barriers for many individuals otherwise unable to afford travel overseas. (6) Allowing flexibility in the duration of volunteering opportunities would reduce another barrier to volunteering. (7) A global service fellowship program would provide funding and programmatic flexibility for volunteers of all backgrounds, ages, and geographical locations. (8) Eligible organizations willing to participate in the fellowship program as sponsoring organizations would be in a better position to recruit volunteers for their programs overseas. (9) The United States Agency for International Development has taken important steps towards encouraging this kind of a program through the creation of Volunteers for Prosperity, which promotes international volunteer service by skilled professionals from the United States but has never been formally authorized. SEC. 3. VOLUNTEERS FOR PROSPERITY. (a) Establishment.--Consistent with Executive Order 13317 (68 Fed. Reg. 56515), the Administrator of the United States Agency for International Development shall establish the Office of Volunteers for Prosperity. (b) Purpose.--The Office of Volunteers for Prosperity shall pursue the objectives described in section 4(d)(2), including by-- (1) implementing the Global Service Fellowship Program established under section 4; (2) promoting other short and long-term international volunteering opportunities; (3) promoting the efforts of Global Service Fellows as part of the public diplomacy efforts of the United States Government; (4) helping eligible United States sponsoring organizations, as described in section 4(e)(3)(A), to recruit and effectively manage skilled United States professionals for volunteer assignments overseas; and (5) providing recognition for volunteers from the United States who serve internationally, and the organizations sponsoring them. SEC. 4. GLOBAL SERVICE FELLOWSHIP PROGRAM. (a) Establishment.--The Administrator of the United States Agency for International Development shall establish and administer a program to be known as the Global Service Fellowship Program (in this section referred to as the ``Program''). (b) Purpose.--The purpose of the Program is to fund fellowships to promote international volunteering opportunities as a means of building bridges across cultures, addressing critical human needs, and promoting mutual understanding. (c) Fellowships.--Grants awarded under the Program shall be used to fund fellowships as follows: (1) Fellowships lasting 90 days or less in duration may be funded at levels of up to $2,500. (2) Fellowships lasting between 91 days and 180 days may be funded at levels up to $5,000. (3) Fellowships lasting between 181 days and one year may be funded at levels up to $7,500. (d) Coordination With Sponsoring Organizations.-- (1) In general.--Fellows shall undertake their volunteer opportunity in coordination with an eligible volunteer sponsoring organization. Such organizations shall be registered with the Administrator and shall collaborate with host country organizations in developing, as appropriate, fellowships that appropriately address local needs, maximize the transfer of skills, and build local capacity. (2) Prioritization of projects.--Decisions to award fellowships shall be prioritized according to humanitarian and development goals of the United States Government, including the following: (A) Eradication of extreme poverty in conjunction with the United Nations Millennium Development Goals. (B) Achievement of universal primary education. (C) Promotion of gender equality and the empowerment of women and families. (D) Reducing child mortality and improving maternal health. (E) Providing medical and dental health care and prevention. (F) Providing assistance for the elderly, orphans, people with disabilities, and refugees. (G) Promoting environmental sustainability. (H) Providing economic and social opportunities for young people in countries with significant youth populations, including promoting youth service by building related volunteer-sector capacity in host countries. (I) Combating HIV/AIDS, malaria, and other infectious diseases. (J) Helping to build or provide decent housing. (K) Providing disaster and humanitarian response, preparedness, and reconstruction. (L) Promoting cross-cultural exchange, language education, conflict resolution, and peace. (M) Developing global partnerships for development in the areas of economic growth, microenterprise, asset development, and agricultural and rural development. (N) Advancing access to information technology and strengthening civil society. (e) Application Process.-- (1) Submission and review of applications.--Applicants shall submit applications for fellowships under the Program to the Administrator of the United States Agency for International Development. (2) Selection.--The Administrator of the United States Agency for International Development shall determine the eligibility of candidates and, in coordination with sponsoring organizations, award and administer fellowships under the Program. (3) Criteria.--The Administrator of the United States Agency for International Development shall develop and publish criteria for fellowships in accordance with the following guidelines: (A) Sponsoring organizations.--Applicants for Global Service Fellowships must be registered with qualified sponsoring organizations such as-- (i) nongovernmental organizations based in the United States that sponsor international volunteer service; (ii) faith-based organizations engaged in the delivery of nonsectarian services; (iii) universities and colleges operating international service learning and volunteer service programs; and (iv) nongovernmental organizations based in the United States that collaborate with local or national host government agencies or nongovernmental organizations in promoting volunteer capacity and national and community service activities consistent with the prioritized humanitarian and development goals set forth in subsection (d)(2). (B) Applicants.--Applicants shall be selected for Global Service Fellowships as follows: (i) Applicants shall have clearly defined and structured goals for their proposed fellowships, including a plan for assessing and monitoring progress toward such goals with sponsoring organizations and a basis for follow-up and review by the Administrator of the United States Agency for International Development. (ii) Priority should be given to-- (I) applicants from households with an income that is less than 200 percent of the poverty level established pursuant to current census figures; (II) applicants who have demonstrated prior community service experience; (III) applicants with skills and experience suited to the specific needs of host organizations; (IV) applicants who demonstrate a clear plan to communicate their volunteer experiences to their community upon their return; and (V) applicants whose physical residence would ensure a diverse geographical distribution of awardees from across the United States. (f) Reporting Requirement.-- (1) Notification of awards.--The Administrator of the United States Agency for International Development shall notify Members of Congress of the decision to award a fellowship to their constituents at least 2 business days prior to notification to the awardee and shall provide intended travel dates and project summaries of the fellows. Members of Congress may then elect to notify the constituent of the award. (2) Reports.--Not later than 90 days after returning from service abroad under the Program, fellows shall submit such reports as the Administrator of the United States Agency for International Development may require, including post- fellowship reports prepared for their home communities, to the Administrator of the United States Agency for International Development and their congressional representatives. (g) Eligible Costs.-- (1) In general.--Funds awarded under this section may be used by the sponsoring organization to cover the following costs associated with Global Service Fellowships: (A) Airfare, accommodations, and transportation within the host country. (B) Fees assessed by sponsoring organizations to defray international service program costs and administrative costs. (C) Subsistence allowance in accordance with local market conditions. (D) Program materials and tools used for service- related purposes. (E) Language and cultural training and other costs associated with pre-service project orientation. (2) Tuition not covered.--Funds awarded under this section may not be used for tuition costs. (h) Nondiscrimination Requirements.-- (1) Selection of applicants.--The selection of applicants under subsection (e) shall be without regard to race, religion, color, national origin, sex, age, political affiliation, sexual orientation, or disability. (2) Sponsoring organizations.-- (A) In general.--A sponsoring organization shall not discriminate against a Global Service Fellowship Program participant or applicant, a beneficiary of any project in which a Global Service Fellow participates, or, except as provided in subparagraph (B), an employee of the organization who is paid with assistance provided under the Program on the basis of race, religion, color, national origin, sex, age, political affiliation, sexual orientation, or disability. (B) Limited exception for employees of sponsoring organizations employed at time of awarding of funds.-- The prohibition under subparagraph (A) on discrimination on the basis of religion shall not apply to the employment, with assistance provided under this Program, of any employee who was employed with the sponsoring organization on the date that the funds were awarded. SEC. 5. EVALUATION AND REPORT. (a) Evaluation of Global Service Fellowship Program.--The Administrator of the United States Agency for International Development shall establish and implement an evaluation process for determining the effectiveness of the Global Service Fellowship Program. (b) Report.--Not later than March 31, 2011, the Administrator of the United States Agency for International Development shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the Global Service Fellowships Program established under section 4. The report shall describe-- (1) the identity and location of sponsoring organizations; (2) for each humanitarian or development goal identified by sponsoring organizations, the number of volunteer opportunities and the number of related Global Service Fellowships that have been funded; (3) the number of volunteers recruited or engaged with Global Service Fellows and their sponsoring organizations or local host organizations; (4) the locations of volunteer services; (5) the effectiveness of such services based upon findings of the evaluation process; and (6) the total numbers of applications for Global Service Fellowships that have been received and accepted to the Program. SEC. 6. REGULATIONS. The Administrator of the United States Agency for International Development shall prescribe regulations to carry out the provisions of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Funding.--There is authorized to be appropriated to the Secretary of State $15,000,000 for each of fiscal years 2010 through 2012 for the Office of Volunteers for Prosperity and the Global Service Fellowship Program. (b) Allocation of Funds.--Of the amounts appropriated pursuant to subsection (a)-- (1) not less than 90 percent of expended amounts shall be used to fund Global Service Fellowships; and (2) not more than 10 percent of expended amounts may be used for administrative expenses of the Office of Volunteers for Prosperity and the Global Service Fellowship Program. (c) Offset.--In order to provide an offset for amounts appropriated pursuant to subsection (a), the Internal Revenue Service shall deposit in the Treasury as miscellaneous receipts all of the fees it receives for services.

Global Service Fellowship Program Act of 2009 - Directs the Administrator of the United States Agency for International Development (USAID) to: (1) establish and administer a Global Service Fellowship Program to fund fellowships to promote international volunteering opportunities as a means of building bridges across cultures, addressing critical human needs, and promoting mutual understanding; and (2) establish the Office of Volunteers for Prosperity to implement the Global Service Fellowship Program. Sets forth Program provisions. Authorizes appropriations.

A bill to establish a Global Service Fellowship Program and to authorize Volunteers for Prosperity, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovative Design Protection Act of 2012''. SEC. 2. AMENDMENTS TO TITLE 17, UNITED STATES CODE. (a) Designs Protected.--Section 1301 of title 17, United States Code, is amended-- (1) in subsection (a), by adding at the end the following: ``(4) Fashion design.--A fashion design is subject to protection under this chapter.''; (2) in subsection (b)-- (A) in paragraph (2), by inserting ``, or an article of apparel,'' after ``plug or mold''; and (B) by adding at the end the following: ``(8) A `fashion design'-- ``(A) is the appearance as a whole of an article of apparel, including its ornamentation; and ``(B) includes original elements of the article of apparel or the original arrangement or placement of original or non-original elements as incorporated in the overall appearance of the article of apparel that-- ``(i) are the result of a designer's own creative endeavor; and ``(ii) provide a unique, distinguishable, non-trivial and non-utilitarian variation over prior designs for similar types of articles. ``(9) The term `design' includes fashion design, except to the extent expressly limited to the design of a vessel. ``(10) The term `apparel' means-- ``(A) an article of men's, women's, or children's clothing, including undergarments, outerwear, gloves, footwear, and headgear; ``(B) handbags, purses, wallets, tote bags, and belts; and ``(C) eyeglass frames. ``(11) In the case of a fashion design, the term `substantially identical' means an article of apparel which is so similar in appearance as to be likely to be mistaken for the protected design, and contains only those differences in construction or design which are merely trivial.''; and (3) by adding at the end the following: ``(c) Rule of Construction.--In the case of a fashion design under this chapter, those differences or variations which are considered non- trivial for the purposes of establishing that a design is subject to protection under subsection (b)(8) shall be considered non-trivial for the purposes of establishing that a defendant's design is not substantially identical under subsection (b)(11) and section 1309(e).''. (b) Designs Not Subject to Protection.--Section 1302(5) of title 17, United States Code, is amended-- (1) by striking ``(5)'' and inserting ``(5)(A) in the case of a design of a vessel hull,''; (2) by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(B) in the case of a fashion design, embodied in a useful article that was made public by the designer or owner in the United States or a foreign country before the date of enactment of this chapter or more than 3 years before the date upon which protection of the design is asserted under this chapter.''. (c) Revisions, Adaptations, and Rearrangements.--Section 1303 of title 17, United States Code, is amended by adding at the end the following: ``The presence or absence of a particular color or colors or of a pictorial or graphic work imprinted on fabric shall not be considered in determining the protection of a fashion design under section 1301 or 1302 or in determining infringement under section 1309.''. (d) Term of Protection.--Section 1305(a) of title 17, United States Code, is amended to read as follows: ``(a) In General.--Subject to subsection (b), the protection provided under this chapter-- ``(1) for a design of a vessel hull, shall continue for a term of 10 years beginning on the date of the commencement of protection under section 1304; and ``(2) for a fashion design, shall continue for a term of 3 years beginning on the date of the commencement of protection under section 1304.''. (e) Notice.--Section 1306 of title 17, United States Code, is amended by adding at the end the following: ``(d) Fashion Design.-- ``(1) In general.--In the case of a fashion design, the owner of the design shall provide written notice of the design protection to any person the design owner has reason to believe has violated or will violate this chapter. ``(2) Contents.--The written notice required under paragraph (1) shall contain, at a minimum-- ``(A) the date on which protection for the design commenced; ``(B) a description of the protected design which specifies how the protected design falls within the meaning of section 1301(b)(8); ``(C) a description of the allegedly infringing design which specifies how the allegedly infringing design infringed upon the protected design as described under section 1309(e); and ``(D) the date on which the protected design or an image thereof was available such that it could be reasonably inferred from the totality of the surrounding facts and circumstances that the owner of the allegedly infringing design saw or otherwise had knowledge of the protected design. ``(3) Commencement of action.--An action for infringement of a fashion design under this chapter shall not commence until the date that is 21 days after the date on which written notice required under this subsection was provided to the defendant. ``(4) Limitation on damages.--A person alleged to be undertaking action leading to infringement under this chapter shall be held liable only for damages and profits accrued after the date on which the action for infringement is commenced against such person under paragraph (3).''. (f) Infringement.--Section 1309 of title 17, United States Code, is amended-- (1) in subsection (b)-- (A) by amending the matter preceding paragraph (1) to read as follows: ``(b) Acts of Sellers, Importers and Distributors.--A retailer, seller, importer or distributor of an infringing article who did not make the article shall be deemed to have infringed on a design protected under this chapter only if that person--''; and (B) in paragraph (1), by striking ``, or an importer to import''; (2) in subsection (c)-- (A) by inserting ``offer for sale'' after ``sell,''; and (B) by inserting ``either actual or reasonably inferred from the totality of the circumstances,'' after ``created without knowledge''; (3) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; (4) by inserting after subsection (d) the following: ``(e) Acts of Third Parties.--Acts that do not constitute acts of infringement under subsections (a) or (b) do not otherwise constitute acts of infringement under this chapter. It shall not be infringement under this section to be engaged in-- ``(1) the provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 the Communications Act of 1934 (47 U.S.C. 231)); or ``(2) the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)).''; (5) by amending subsection (f), as so redesignated, to read as follows: ``(f) Infringing Article Defined.-- ``(1) In general.--As used in this section, an `infringing article' is any article the design of which has been copied from a design protected under this chapter, or from an image thereof, without the consent of the owner of the protected design. An infringing article is not an illustration or picture of a protected design in an advertisement, book, periodical, newspaper, photograph, broadcast, motion picture, or similar medium. ``(2) Vessel hull design.--In the case of a design of a vessel hull, a design shall not be deemed to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design. ``(3) Fashion design.--In the case of a fashion design, a design shall not be deemed to have been copied from a protected design if that design-- ``(A) is not substantially identical in overall visual appearance to and as to the original elements of a protected design; or ``(B) is the result of independent creation.''; and (6) by adding at the end the following: ``(i) Home Sewing Exception.-- ``(1) In general.--It is not an infringement of the exclusive rights of a design owner for a person to produce a single copy of a protected design for personal use or for the use of an immediate family member, if that copy is not offered for sale or use in trade during the period of protection. ``(2) Rule of construction.--Nothing in this subsection shall be construed to permit the publication or distribution of instructions or patterns for the copying of a protected design.''. (g) Application for Registration.--Section 1310(a) of title 17, United States Code, is amended-- (1) by striking ``Protection under this chapter'' and inserting ``In the case of a design of a vessel hull, protection under this chapter''; and (2) by adding ``Registration shall not apply to fashion designs.'' after ``first made public.''. (h) Remedy for Infringement.--Section 1321 of title 17, United States Code, is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Vessel hull.--In the case of a vessel hull, the owner of a design is entitled, after issuance of a certificate of registration of the design under this chapter, to institute an action for any infringement of the design. ``(2) Fashion design.--In the case of a fashion design, the owner of a design is entitled to institute an action for any infringement of the design after-- ``(A) the design is made public under the terms of section 1310(b) of this chapter; and ``(B) the 21-day period described in section 1306(d).''; and (2) by adding at the end the following: ``(e) Pleading Requirement for Fashion Designs.-- ``(1) In general.--In the case of a fashion design, a claimant in an action for infringement shall plead with particularity facts establishing that-- ``(A) the design of the claimant is a fashion design within the meaning of section 1301(b)(8) of this title and thus entitled to protection under this chapter; ``(B) the design of the defendant infringes upon the protected design as described under section 1309(e); and ``(C) the protected design or an image thereof was available in such location or locations, in such a manner, and for such duration that it can be reasonably inferred from the totality of the surrounding facts and circumstances that the defendant saw or otherwise had knowledge of the protected design. ``(2) Considerations.--In considering whether a claim for infringement has been adequately pleaded, the court shall consider the totality of the circumstances.''. (i) Penalty for False Representation.--Section 1327 of title 17, United States Code, is amended-- (1) by inserting ``or for purposes of obtaining recovery based on a claim of infringement under this chapter'' after ``registration of a design under this chapter''; (2) by striking ``$500'' and inserting ``5,000''; and (3) by striking ``$1,000'' and inserting ``$10,000''. (j) Nonapplicability of Enforcement by Treasury and Postal Service.--Section 1328 of title 17, United States Code, is amended-- (1) in subsection (a), in the first sentence, by striking ``The Secretary'' and inserting ``In the case of designs of vessel hulls protected under this chapter, the Secretary''; (2) in subsection (b), in the first sentence, by striking ``Articles'' and inserting ``In the case of designs of vessel hulls protected under this chapter, articles''; and (3) by adding at the end the following: ``(c) Nonapplicability.--This section shall not apply to fashion designs protected under this chapter.''. (k) Common Law and Other Rights Unaffected.--Section 1330 of title 17, United States Code, is amended-- (1) in paragraph (1), by striking ``or'' after the semicolon; (2) in paragraph (2), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(3) any rights that may exist under provisions of this title other than this chapter.''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date of enactment of this Act.

Innovative Design Protection Act of 2012 - Extends copyright protection to fashion designs. Revises the definition of "useful article" to include an article of apparel (clothing, handbags, purses, wallets, tote bags, belts, and eyeglass frames). Excludes from protection designs embodied in a useful article made public by the designer or owner: (1) more than two years before the date of the application for registration in the case of a vessel hull design, and (2) more than three years before the date upon which protection of the design is asserted in the case of a fashion design. Prohibits considering the presence or absence of a particular color or of a pictorial or graphic work imprinted on fabric when determining the protection of a fashion design. Sets the term of protection at 3 years for a fashion design and 10 years for a design of a vessel hull. Requires the owner of a fashion design to provide written notice of the design protection to any person the design owner has reason to believe has violated or will violate such protections. Prohibits an action for infringement of a fashion design from commencing until 21 days after such written notice is provided to the defendant. Modifies infringement criteria with respect to retailers, sellers, importers, or distributors of an infringing article who did not make the article. Revises provisions concerning acting without knowledge to state that it is not infringement to make, have made, import, sell, offer for sale, or distribute any article embodying a design which was created without knowledge, either actual or reasonably inferred from the totality of the circumstances, that a design was protected and was copied from such protected design. Declares that it shall not be infringement (under specified federal protections of original designs) to be engaged in: (1) the provision of a telecommunications service, or of an Internet access service or Internet information location tool; or (2) the transmission, storage, retrieval, hosting, formatting, or translation of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with the Communications Act of 1934. Prohibits deeming a vessel hull design to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design. Prohibits deeming a fashion design to have been copied from a protected design if it: (1) is not substantially identical in overall visual appearance to and as to the original elements of a protected design, or (2) is the result of independent creation. Rewrites the remedy for infringement to state, in general, that: (1) in the case of a vessel hull, the owner of a design is entitled, after issuance of a certificate of registration of the design, to institute an action for any infringement of the design; and (2) in the case of a fashion design, the owner of a design is entitled to institute an action for any infringement of the design after the design is made public and the 21-day notice period provided in this Act. Increases the penalty for false representation. Excludes protected fashion designs from: (1) importation enforcement regulations issued by the Secretary of the Treasury and the U.S. Postal Service (USPS), and (2) seizure and forfeiture provisions. Limits the applicability of such regulations and provisions to specified vessel hulls.

A bill to amend title 17, United States Code, to extend protection to fashion design, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Post Office Relocation Act of 1997''. SEC. 2. GUIDELINES FOR RENOVATION, RELOCATION, CLOSING, OR CONSOLIDATION OF POST OFFICES. Section 404(b) of title 39, United States Code, is amended to read as follows-- ``(b)(1) The Postal Service, prior to making a determination under subsection (a)(3) of this section as to the necessity for the renovation, relocation, closing, or consolidation of any post office, shall provide adequate notice of its intention to renovate, relocate, close, or consolidate such post office at least 60 days prior to the proposed date of such renovation, relocation, closing, or consolidation to persons served by such post office. ``(2) Such notification shall be made in writing and shall be hand delivered or delivered by mail to persons served by such post office, and shall be published in one or more newspapers of general circulation within the zip codes served by such post office. Such notification shall include-- ``(A) an identification of the renovation, relocation, closing, or consolidation; ``(B) a summary of the reasons for the renovation, relocation, closing, or consolidation; and ``(C) the proposed date for the renovation, relocation, renovation, closing, or consolidation. ``(3) Any person served by the post office may offer an alternative renovation, relocation, consolidation, or closing proposal within the 60 day notice period. The Postal Service shall deliver a response in writing by hand delivery or certified mail to the person making the proposal. In a case in which the Postal Service rejects a bona fide proposal, the Postal Service shall state in writing the reasons for the rejection. ``(4) At the end of the 60 day notice period, the Postal Service shall make a determination under subsection (a)(3). Prior to making a final determination, the Postal Service shall conduct a hearing, and persons served by the post office may present oral or written testimony with respect to the renovation, relocation, closing, or consolidation of such post office. The Postal Service, in making a determination as to whether or not to renovate, relocate, close, or consolidate a post office shall consider-- ``(A) the extent to which such post office is part of a core downtown business area; ``(B) the effect of such renovation, relocation, closing, or consolidation on the community served by such post office; ``(C) whether the community served by such post office opposes a renovation, relocation, closing, or consolidation; ``(D) the effect of such renovation, relocation, closing, or consolidation on employees of the Postal Service employed at such office; ``(E) whether such renovation, relocation, closing, or consolidation is consistent with the policy of the Government, as stated in section 101(b) of this title, that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self sustaining; ``(F) the quantified long-term economic saving to the Postal Service resulting from such renovation, relocation, closing, or consolidation; ``(G) whether postal officials engaged in negotiations with persons served by the post office concerning the proposed renovation, relocation, closing, or consolidation; ``(H) whether management of the post office contributed to a desire to relocate; ``(I) the adequacy of the existing post office, and whether all reasonable alternatives have been explored; and ``(J) such other factors as the Postal Service determines are necessary. ``(5) Any determination of the Postal Service to renovate, relocate, close, or consolidate a post office shall be in writing and shall include the findings of the Postal Service with respect to the considerations required to be made under paragraph (4) of this subsection. Such determination and findings shall be made available to persons served by such post office. ``(6) The Postal Service shall take no action to renovate, relocate, close, or consolidate a post office until 60 days after its written determination is made available to persons served by such post office. ``(7) A determination of the Postal Service to renovate, relocate, close, or consolidate any post office may be appealed by any person served by such post office to the Postal Rate Commission within 30 days after such determination is made available to such person under paragraph (5). The Commission shall review such determination on the basis of the record before the Postal Service in the making of such determination. The Commission shall make a determination based upon such review no later than 120 days after receiving any appeal under this paragraph. The commission shall set aside any determination, findings, and conclusions found to be-- ``(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law; ``(B) without observance of procedure required by law; or ``(C) unsupported by substantial evidence on the record. The Commission may affirm the determination of the Postal Service or order that the entire matter be returned for further consideration, but the Commission may not modify the determination of the Postal Service. The Commission may suspend the effectiveness of the determination of the Postal Service until the final disposition of the appeal. The provisions of section 556, section 557, and chapter 7 of title 5 shall not apply to any review carried out by the Commission under this paragraph. ``(8) In a case in which a community has procedures to address the renovation, relocation, closing, or consolidation of buildings in the community, and the public participation requirements of such procedures are more stringent than those provided in this subsection, the Postal Service shall follow such procedures and disregard the procedures established in this subsection. ``(9) The Postal Service, in making a determination to renovate, relocate, close, or consolidate any post office, shall comply with any zoning, planning, or land use regulations, or building codes applicable to State or local public entities, including the zoning authority, of the local jurisdiction.''. SEC. 3. POLICY STATEMENT. Section 101(g) of title 39, United States Code, is amended by adding at the end the following: ``The Postal Service shall also consider the effect a new postal facility may have on the community served by the prior facility.''.

Post Office Relocation Act of 1997 - Modifies Federal postal provisions to require a 60-day notice before the renovation, relocation, closing, or consolidation (currently, the closing or consolidation) of a post office. Requires such notice to be: (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office. Sets forth provisions which: (1) allow any person served by the post office to offer an alternative renovation, relocation, consolidation, or closing proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing to allow the individual to present oral or written testimony. Revises the factors to be considered in deciding whether or not to renovate, relocate, close, or consolidate a post office to include: (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community; (3) whether postal officials negotiated with persons served; (4) whether management of the post office contributed to a desire to relocate; and (5) the adequacy of the existing post office. Requires the Postal Service to follow a community's public participation procedures to address the renovation, relocation, closing, or consolidation of buildings in the community if participation requirements of such procedures are more stringent than those provided in this Act. Requires the Postal Service, in making a determination to renovate, relocate, close, or consolidate any post office, to comply with any zoning, planning, or land use regulations or building codes applicable to State or local public entities, including the zoning authority of the local jurisdiction. Includes within the Postal Service policy with respect to planning and building new postal facilities that the Service consider the effect a new facility may have on the community.

Post Office Relocation Act of 1997

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Ricky Ray Hemophilia Relief Fund Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--HEMOPHILIA RELIEF FUND Sec. 101. Ricky Ray Hemophilia Relief Fund. Sec. 102. Compassionate payment relating to individuals with blood- clotting disorders and HIV. Sec. 103. Determination and payment. Sec. 104. Limitation on transfer of rights and number of petitions. Sec. 105. Time limitation. Sec. 106. Certain claims not affected by payment. Sec. 107. Limitation on agent and attorney fees. Sec. 108. Definitions. TITLE II--TREATMENT OF CERTAIN PRIVATE SETTLEMENT PAYMENTS IN HEMOPHILIA-CLOTTING-FACTOR SUIT UNDER THE MEDICAID AND SSI PROGRAMS Sec. 201. Treatment of certain private settlement payments in hemophilia-clotting-factor suit under the Medicaid and SSI programs. TITLE I--HEMOPHILIA RELIEF FUND SEC. 101. RICKY RAY HEMOPHILIA RELIEF FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the ``Ricky Ray Hemophilia Relief Fund'', which shall be administered by the Secretary of the Treasury. (b) Investment of Amounts in Fund.--Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on and proceeds from any such investment shall be credited to and become part of the Fund. (c) Availability of Fund.--Amounts in the Fund shall be available only for disbursement by the Secretary of Health and Human Services under section 103. (d) Termination.--The Fund shall terminate upon the expiration of the 5-year period beginning on the date of the enactment of this Act. If all of the amounts in the Fund have not been expended by the end of the 5-year period, investments of amounts in the Fund shall be liquidated, the receipts of such liquidation shall be deposited in the Fund, and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury of the United States. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Fund to carry out this title $750,000,000. SEC. 102. COMPASSIONATE PAYMENT RELATING TO INDIVIDUALS WITH BLOOD- CLOTTING DISORDERS AND HIV. (a) In General.--If the conditions described in subsection (b) are met and if there are sufficient amounts in the Fund to make each payment, the Secretary shall make a single payment of $100,000 from the Fund to any individual who has an HIV infection and who is described in one of the following paragraphs: (1) The individual has any form of blood-clotting disorder, such as hemophilia, and was treated with antihemophilic factor at any time during the period beginning on July 1, 1982, and ending on December 31, 1987. (2) The individual-- (A) is the lawful spouse of an individual described in paragraph (1); or (B) is the former lawful spouse of an individual described in paragraph (1) and was the lawful spouse of the individual at any time after a date, within the period described in such subparagraph, on which the individual was treated as described in such paragraph and through medical documentation can assert reasonable certainty of transmission of HIV from individual described in paragraph (1). (3) The individual acquired the HIV infection through perinatal transmission from a parent who is an individual described in paragraph (1) or (2). (b) Conditions.--The conditions described in this subsection are, with respect to an individual, as follows: (1) Submission of medical documentation of hiv infection.--The individual submits to the Secretary written medical documentation that the individual has an HIV infection. (2) Petition.--A petition for the payment is filed with the Secretary by or on behalf of the individual. (3) Determination.--The Secretary determines, in accordance with section 103(b), that the petition meets the requirements of this title. SEC. 103. DETERMINATION AND PAYMENT. (a) Establishment of Filing Procedures.--The Secretary of Health and Human Services shall establish procedures under which individuals may submit petitions for payment under this title. The procedures shall include a requirement that each petition filed under this Act include written medical documentation that the relevant individual described in section 102(a)(1) has (or had) a blood-clotting disorder, such as hemophilia, and was treated as described in such section. (b) Determination.--For each petition filed under this title, the Secretary shall determine whether the petition meets the requirements of this title. (c) Payment.-- (1) In general.--To the extent there are sufficient amounts in the Fund to cover each payment, the Secretary shall pay, from the Fund, each petition that the Secretary determines meets the requirements of this title in the order received. (2) Payments in case of deceased individuals.-- (A) In general.--In the case of an individual referred to in section 102(a) who is deceased at the time that payment is made under this section on a petition filed by or on behalf of the individual, the payment shall be made as follows: (i) If the individual is survived by a spouse who is living at the time of payment, the payment shall be made to such surviving spouse. (ii) If the individual is not survived by a spouse described in clause (i), the payment shall be made in equal shares to all children of the individual who are living at the time of the payment. (iii) If the individual is not survived by a person described in clause (i) or (ii), the payment shall be made in equal shares to the parents of the individual who are living at the time of the payment. (iv) If the individual is not survived by a person described in clause (i), (ii), or (iii), the payment shall revert back to the Fund. (B) Filing of petition by survivor.--If an individual eligible for payment under section 102(a) dies before filing a petition under this title, a survivor of the individual may file a petition for payment under this title on behalf of the individual if the survivor may receive payment under subparagraph (A). (C) Definitions.--For purposes of this paragraph: (i) The term ``spouse'' means an individual who was lawfully married to the relevant individual at the time of death. (ii) The term ``child'' includes a recognized natural child, a stepchild who lived with the relevant individual in a regular parent-child relationship, and an adopted child. (iii) The term ``parent'' includes fathers and mothers through adoption. (3) Timing of payment.--The Secretary may not make a payment on a petition under this title before the expiration of the 120-day period beginning on the date of the enactment of this Act or after the expiration of the 5-year period beginning on the date of the enactment of this Act. (d) Action on Petitions.--The Secretary shall complete the determination required by subsection (b) regarding a petition not later than 120 days after the date the petition is filed under this title. (e) Humanitarian Nature of Payment.--This Act does not create or admit any claim of or on behalf of the individual against the United States or against any officer, employee, or agent thereof acting within the scope of employment or agency that relate to an HIV infection arising from treatment with antihemophilic factor, at any time during the period beginning on July 1, 1982, and ending on December 31, 1987. A payment under this Act shall, however, when accepted by or on behalf of the individual, be in full satisfaction of all such claims by or on behalf of that individual. (f) Administrative Costs Not Paid From Fund.--No costs incurred by the Secretary in carrying out this title may be paid from the Fund or set off against, or otherwise deducted from, any payment made under subsection (c)(1). (g) Termination of Duties of Secretary.--The duties of the Secretary under this section shall cease when the Fund terminates. (h) Treatment of Payments Under Other Laws.--A payment under subsection (c)(1) to an individual-- (1) shall be treated for purposes of the Internal Revenue Code of 1986 as damages described in section 104(a)(2) of such Code; (2) shall not be included as income or resources for purposes of determining the eligibility of the individual to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits, and such benefits shall not be secondary to, conditioned upon reimbursement from, or subject to any reduction because of receipt of, any such payment; and (3) shall not be treated as a third party payment or payment in relation to a legal liability with respect to such benefits and shall not be subject (whether by subrogation or otherwise) to recovery, recoupment, reimbursement, or collection with respect to such benefits (including the Federal or State governments or any entity that provides such benefits under a contract). (i) Regulatory Authority.--The Secretary may issue regulations necessary to carry out this title. (j) Time of Issuance of Procedures.--The Secretary shall, through the promulgation of appropriate regulations, guidelines, or otherwise, first establish the procedures to carry out this title not later than 120 days after the date of the enactment of this Act. SEC. 104. LIMITATION ON TRANSFER OF RIGHTS AND NUMBER OF PETITIONS. (a) Rights Not Assignable or Transferable.--Any right under this title shall not be assignable or transferable. (b) One Petition With Respect to Each Victim.--With respect to each individual described in paragraph (1), (2), or (3) of section 102(a), the Secretary may not make payment with respect to more than one petition filed in respect to an individual. SEC. 105. TIME LIMITATION. The Secretary may not make any payment with respect to any petition filed under this title unless the petition is filed within 3 years after the date of the enactment of this Act. SEC. 106. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT. A payment made under section 103(c)(1) shall not be considered as any form of compensation, or reimbursement for a loss, for purposes of imposing liability on the individual receiving the payment, on the basis of such receipt, to repay any insurance carrier for insurance payments or to repay any person on account of worker's compensation payments. A payment under this title shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker's compensation. SEC. 107. LIMITATION ON AGENT AND ATTORNEY FEES. Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the petition of an individual under this title, more than 5 percent of a payment made under this title on the petition. Any such representative who violates this section shall be fined not more than $50,000. SEC. 108. DEFINITIONS. For purposes of this title: (1) The term ``AIDS'' means acquired immune deficiency syndrome. (2) The term ``Fund'' means the Ricky Ray Hemophilia Relief Fund. (3) The term ``HIV'' means human immunodeficiency virus. (4) Unless otherwise provided, the term ``Secretary'' means Secretary of Health and Human Services. TITLE II--TREATMENT OF CERTAIN PAYMENTS IN HEMOPHILIA-CLOTTING-FACTOR SUIT UNDER THE SSI PROGRAM SEC. 201. TREATMENT OF CERTAIN PAYMENTS IN HEMOPHILIA-CLOTTING-FACTOR SUIT UNDER THE MEDICAID AND SSI PROGRAMS. (a) Private Payments.-- (1) In general.--Notwithstanding any other provision of law, the payments described in paragraph (2) shall not be considered income or resources in determining eligibility for, or the amount of-- (A) medical assistance under title XIX of the Social Security Act; or (B) supplemental security income benefits under title XVI of the Social Security Act. (2) Private payments described.--The payments described in this subsection are-- (A) payments made from any fund established pursuant to a class settlement in the case of Susan Walker v. Bayer Corporation, et al., 96-C-5024 (N.D. Ill.); and (B) payments made pursuant to a release of all claims in a case-- (i) that is entered into in lieu of the class settlement referred to in subparagraph (A); and (ii) that is signed by all affected parties in such case on or before the later of-- (I) December 31, 1997; or (II) the date that is 270 days after the date on which such release is first sent to the persons (or the legal representative of such persons) to whom the payment is to be made. (b) Government Payments.-- (1) In general.--Notwithstanding any other provision of law, the payments described in paragraph (2) shall not be considered income or resources in determining eligibility for, or the amount of supplemental security income benefits under title XVI of the Social Security Act. (2) Government payments described.--The payments described in this subsection are payments made from the Fund established pursuant to section 101 of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Hemophilia Relief Fund Title II: Treatment of Certain Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs Ricky Ray Hemophilia Relief Fund Act of 1998 - Title I: Hemophilia Relief Fund - Establishes in the Treasury the Ricky Ray Hemophilia Relief Fund. Terminates the Fund five years after enactment of this Act. Authorizes appropriations. (Sec. 102) Mandates a single payment of $100,000 from the Fund to any individual infected with the human immunodeficiency virus (HIV) if the individual has any blood-clotting disorder and was treated with blood-clotting agents between July 1, 1982, and December 31, 1987, is the lawful current or former spouse of such an individual, or acquired the HIV infection from a parent who is such an individual. (Sec. 103) Declares that: (1) this Act does not create or admit any claim of the individual against the United States or its agents regarding HIV and antihemophilic factor treatment; and (2) acceptance of a payment under this Act is in full satisfaction of all such claims of the individual. (Sec. 105) Prohibits any payment under this Act unless the petition is filed within three years after enactment of this Act. (Sec. 107) Limits, notwithstanding any contract, the amount an individual's representative may receive for services in connection with a petition. Title II: Treatment of Certain Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs - Prohibits a settlement payment under certain class action lawsuits from being considered income or resources in determining eligibility for, or the amount of, medical assistance under the Medicaid program or benefits under the Supplemental Security Income (SSI) program (titles XIX and XVI of the Social Security Act). Prohibits Government payments under title I of this Act from being considered income or resources in determining eligibility for, or the amount of, SSI benefits.

Ricky Ray Hemophilia Relief Fund Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Privacy Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) People in the United States lack important privacy protections. (2) The opportunities for an individual to secure employment, insurance, and credit, to obtain medical care, and to participate in electronic commerce are endangered by the potential for misuse of certain personal information. (3) Because markets work through trust, predictability, and stability, privacy protections should help businesses gain the trust of consumers and compliment existing practices. (4) 84 percent of Internet users are concerned about businesses and people they do not know obtaining personal information about them. (5) Nearly 80 percent of online consumers have at some time abandoned e-commerce transactions due to privacy concerns, resulting in an estimated loss to companies of $12.4 billion in 2000. (6) In order to protect the privacy of individuals in the Information Age, it is necessary and appropriate for public officials to take steps to safeguard this essential freedom. (b) Purpose.--The purpose of this Act is to assure that personal information about an individual consumer in the United States is properly protected and that any use of such information by others is consistent with the prior consent of the consumer. SEC. 3. PROTECTION OF PERSONAL INFORMATION. (a) Limitations on Disclosure of Personal Information.--An information recipient shall not disclose to any other person personal information collected or obtained from or about a consumer, unless-- (1) such disclosure is made after the consumer has been provided with a clear and concise description of the extent and circumstances under which such a disclosure may occur; (2) such disclosure does not exceed the scope of the consumer's prior consent, which shall be-- (A) in the case of disclosure of personal information, granted tacitly or affirmatively by the consumer after receiving the description required by paragraph (1); or (B) in the case of disclosure of sensitive personal information, granted affirmatively by the consumer after receiving the description required by paragraph (1); and (3) the consent granted under paragraph (2) has not subsequently been withdrawn by the consumer. (b) Limitation on Collection of Optional Information.--An information recipient may not require a consumer to provide, as a condition of entering into or completing a transaction with the information recipient, personal information that is not necessary to complete the transaction. (c) Limitation on Refusal to Transact.--An information recipient may not terminate or refuse to enter into a transaction with a consumer because the consumer has not granted, or has withdrawn, the consent required by subsection (a), except when the sole purpose of the transaction is the acquisition of such information for disclosure. (d) Reasonable Access to Personal Information.--An information recipient shall provide to a consumer about whom personal information has been obtained reasonable access to the consumer's personal information. SEC. 4. EXCEPTIONS. Section 3 does not apply to the disclosure of personal information-- (1) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer; (2) to protect the confidentiality or security of personal information; (3) to prevent or investigate fraud, an unauthorized transaction, a claim, or other liability; (4) to collect a debt or dishonored item; (5) for the purpose of a securitization or secondary market sale (including servicing rights); (6) for the purposes of legal process; (7) for law enforcement purposes; (8) for governmental regulatory purposes; (9) as otherwise authorized or required under a Federal law; or (10) if the Federal Trade Commission has made a finding that such a disclosure is consistent with the purposes of this Act and in the public interest. SEC. 5. UNFAIR OR DECEPTIVE ACT OR PRACTICE. (a) Violation of Act.--Disclosure of personal information about a consumer in a manner that violates this Act constitutes 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)). (b) Violation of Rule.--Violation of a rule made under this Act constitutes violation of a rule defining an unfair or deceptive act or practice made under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). SEC. 6. SAFE HARBOR. (a) Practices and Procedures, Guidelines.--A person does not commit a violation of this Act if such person-- (1) establishes, implements, and follows reasonable practices and procedures to effectively prevent a violation of this Act; (2) implements and follows a set of guidelines setting forth reasonable practices and procedures to effectively prevent a violation of this Act, if such guidelines are-- (A) issued by a self-regulatory organization to which such person is, or could be, subject; and (B) approved under subsection (b), after submission by such organization to the Federal Trade Commission; or (3) implements and follows a set of model guidelines issued by the Commission, after notice and opportunity for comment, setting forth reasonable practices and procedures to effectively prevent a violation of this Act. (b) Approval of Guidelines.--Not later than 90 days after receiving a request by a self-regulatory organization for approval of guidelines under subsection (a)(2) and after notice and an opportunity for comment, the Federal Trade Commission shall approve or disapprove such proposed guidelines (setting forth in writing the reasons for any disapproval). SEC. 7. PRIVATE RIGHT OF ACTION. A consumer may bring in an appropriate district court of the United States or, if otherwise permitted by the laws or rules of court of a State, in an appropriate court of that State-- (1) a civil action to enjoin a violation of this Act; (2) a civil action to recover-- (A) the greater of actual monetary loss or $1,000 in damages for each such violation; and (B) up to $10,000, to be determined in the discretion of the court, if the court finds that the defendant willfully or knowingly violated such rules; or (3) both such actions. SEC. 8. ACTIONS BY STATES. (a) Authority of States.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of violations of this Act, the State, on behalf of its residents, may bring-- (1) a civil action to enjoin such violations; and (2) a civil action to recover-- (A) the greater of actual monetary loss of such residents or $1,000 in damages for each such violation; and (B) up to $10,000, to be determined in the discretion of the court, if the court finds that the defendant willfully or knowingly violated such rules; or (3) both such actions. (b) Exclusive Jurisdiction of Federal Courts.--(1) The district courts of the United States shall have exclusive jurisdiction over all civil actions brought under this section. (2) Upon a proper showing in a civil action brought under this section, a permanent or temporary injunction or restraining order shall be granted without bond. (c) Rights of Federal Trade Commission.--(1) The State shall serve prior written notice of any civil action brought under this section upon the Federal Trade Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. (2) The Commission shall have the right-- (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (d) Limitation.--Whenever the Federal Trade Commission has commenced a civil action for violation of this Act, no State may, during the pendency of such action commenced by the Commission, subsequently commence a civil action against any defendant named in the Commission's complaint for any violation as alleged in the Commission's complaint. SEC. 9. PREEMPTION. This Act and the rules made under this Act preempt any inconsistent provision of State law. SEC. 10. DEFINITIONS. In this Act: (1) The term ``information recipient'' means any person who obtains personal information from or about a consumer, through a transaction in or affecting interstate or foreign commerce. Such term does not include-- (A) an affiliate, parent entity, or subsidiary of such person; or (B) the consumer about whom such information has been obtained. (2) The term ``consumer'' means an individual who is or was in a consumer relationship with an information recipient. (3) The term ``personal information'' means personally identifiable information and sensitive personal information. (4) The term ``personally identifiable information'' includes, with respect to a consumer-- (A) a name; (B) an address; (C) a phone number; and (D) an electronic mail address. (5) The term ``sensitive personal information'' includes, with respect to a consumer-- (A) a Social Security identification number; and (B) financial information. (6) The term ``State'' includes any commonwealth, territory, or possession of the United States. (7) The term ``violation of this Act'' includes violation of a rule made under this Act. SEC. 11. RULEMAKING AUTHORITY. Not later than one year after the date of enactment of this Act, the Federal Trade Commission shall prescribe rules, in accordance with section 553 of title 5, United States Code, to carry out this Act, which shall take effect not later than 180 days after their publication in final form. SEC. 12. EFFECTIVE DATE. This Act (other than section 11) shall take effect on the same date that the rules prescribed under section 11 take effect.

Consumer Privacy Protection Act - Prescribes limitations upon the disclosure by an information recipient of consumer personal and optional information, with certain exceptions. Mandates reasonable consumer access to such personal information.Deems disclosures in violation of this Act to constitute unfair or deceptive practices within the purview of the Federal Trade Commission Act. Specifies practices and procedures that shall not be deemed a violation of this Act. Authorizes civil suits brought in Federal district courts by: (1) a consumer for violations of this Act; and (2) a State, for any person engaging in a pattern or practice of such violations.

To protect consumer privacy.

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Energy Jobs for Veterans Act''. SEC. 2. VETERANS ENERGY-RELATED EMPLOYMENT PROGRAM. (a) Establishment of Pilot Program.--To encourage the employment of eligible veterans in the energy industry, the Secretary of Labor, as part of the Veteran's Workforce Investment Program, shall carry out a pilot program to be known as the ``Veterans Energy-Related Employment Program''. Under the pilot program, the Secretary shall award competitive grants to three States for the establishment and administration of a State program to make grants to energy employers and labor-management organizations that provide covered training, on- job training, apprenticeships, and certification classes to eligible veterans. Such a program shall be known as a ``State Energy-Related Employment Program''. (b) Eligibility for Grants.--To be eligible to receive a grant under the pilot program, a State shall submit to the Secretary an application that includes each of the following: (1) A proposal for the expenditure of grant funds to establish and administer a public-private partnership program designed to provide covered training, on-job training, apprenticeships, and certification classes to a significant number of eligible veterans and ensure lasting and sustainable employment in well-paying jobs in the energy industry. (2) Evidence that the State has-- (A) a population of eligible veterans of an appropriate size to carry out the State program; (B) a robust and diverse energy industry; and (C) the ability to carry out the State program described in the proposal under paragraph (1). (3) Such other information and assurances as the Secretary may require. (c) Use of Funds.--A State that is the recipient of a grant under this section shall use the grant for the following purposes: (1) Making grants to energy employers and labor-management organizations to reimburse such employers and organizations for the cost of providing covered training, on-job training, apprenticeships, and certification classes to eligible veterans. (2) Conducting outreach to inform energy employers, labor- management organizations, and veterans, including veterans in rural areas, of their eligibility or potential eligibility for participation in the State program. (d) Conditions.--Under the pilot program, each grant to a State shall be subject to the following conditions: (1) The State shall repay to the Secretary, on such date as shall be determined by the Secretary, any amount received under the pilot program that is not used for the purposes described in subsection (c). (2) The State shall submit to the Secretary, at such times and containing such information as the Secretary shall require, reports on the use of grant funds. (e) Employer Requirements.--In order to receive a grant made by a State under the pilot program, an energy employer shall-- (1) submit to the administrator of the State Energy-Related Employment Program an application that includes-- (A) the rate of pay for each eligible veteran proposed to be trained using grant funds; (B) the average rate of pay for an individual employed by the energy employer in a similar position who is not an eligible veteran; and (C) such other information and assurances as the administrator may require; and (2) agree to submit to the administrator, for each quarter, a report containing such information as the Secretary may specify. (f) Limitation.--None of the funds made available to an energy employer through a grant under the pilot program may be used to provide training of any kind to a person who is not an eligible veteran. (g) Report to Congress.--Together with the report required to be submitted annually under section 4107(c) of title 38, United States Code, the Secretary shall submit to Congress a report on the pilot program for the year covered by such report. The report on the pilot program shall include a detailed description of activities carried out under this section and an evaluation of the program. (h) Administrative and Reporting Costs.--Of the amounts appropriated pursuant to the authorization of appropriations under subsection (j), 2 percent shall be made available to the Secretary for administrative costs associated with implementing and evaluating the pilot program under this section and for preparing and submitting the report required under subsection (f). The Secretary shall determine the appropriate maximum amount of each grant awarded under this section that may be used by the recipient for administrative and reporting costs. (i) Definitions.--For purposes of this section: (1) The term ``covered training, on-job training, apprenticeships, and certification classes'' means training, on-job training, apprenticeships, and certification classes that are-- (A) designed to provide the veteran with skills that are particular to an energy industry and not directly transferable to employment in another industry; and (B) approved as provided in paragraph (1) or (2), as appropriate, of subsection (a) of section 3687 of title 38, United States Code. (2) The term ``eligible veteran'' means a veteran, as that term is defined in section 101(3) of title 38, United States Code, who is employed by an energy employer and enrolled or participating in a covered training, on-job training, apprenticeship, or certification class. (3) The term ``energy employer'' means an entity that employs individuals in a trade or business in an energy industry. (4) The term ``energy industry'' means any of the following industries: (A) The energy-efficient building, construction, or retrofits industry. (B) The renewable electric power industry, including the wind and solar energy industries. (C) The biofuels industry. (D) The energy efficiency assessment industry that serves the residential, commercial, or industrial sectors. (E) The oil and natural gas industry. (F) The nuclear industry. (j) Appropriations.--There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2011 through 2015, for the purpose of carrying out the pilot program. Passed the House of Representatives March 23, 2010. Attest: LORRAINE C. MILLER, Clerk.

Energy Jobs for Veterans Act - Directs the Secretary of Labor to establish a five-year pilot program (to be known as the Veterans Energy-Related Employment Program) to award competitive grants to three states to establish and administer a program of grants to energy industry employers and labor management organizations that provide training, apprenticeships, and certification classes to veterans employed by an energy employer. Requires annual reports from the Secretary to Congress for the duration of the pilot program. Authorizes appropriations.

To provide for the establishment of a pilot program to encourage the employment of veterans in energy-related positions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children First Child Support Reform Act of 1999''. SEC. 2. DISTRIBUTION AND TREATMENT OF CHILD SUPPORT COLLECTED BY THE STATE. (a) State Option to Pass All Child Support Collected Directly to the Family.-- (1) In general.--Section 457 of the Social Security Act (42 U.S.C. 657) is amended-- (A) in subsection (a), by striking ``(e) and (f)'' and inserting ``(e), (f), and (g)''; and (B) by adding at the end the following: ``(g) State Option to Pass Through All Support Collected to the Family.-- ``(1) In general.--At State option, subject to paragraph (2), and subsections (a)(4), (b), (e), (d), and (f), this section shall not apply to any amount collected on behalf of a family as support by the State and any amount so collected shall be distributed to the family. ``(2) Income protection requirement.--A State may not elect the option described in paragraph (1) unless the State ensures that any amount distributed to a family in accordance with that paragraph is not included in the income of the family for purposes of determining the eligibility of the family for, or the amount of, assistance under the State program funded under part A until the family has actually received the amount. ``(3) Option to pass through amounts collected pursuant to a continued assignment.--At State option, any amount collected pursuant to an assignment continued under subsection (b) may be distributed to the family in accordance with paragraph (1). ``(4) Release of obligation to pay federal share.--If a State that elects the option described in paragraph (1) also elects to disregard under section 408(a)(12)(B) at least 50 percent (determined, at the option of the State, in the aggregate or on a case-by-case basis) of the total amount annually collected and distributed to all families in accordance with paragraph (1) for purposes of determining the amount of assistance for such families under the State program funded under part A, the State is released from-- ``(A) calculating the Federal share of the amounts so distributed and disregarded; and ``(B) paying such share to the Federal Government.''. (2) Authority to claim passed through amount for purposes of tanf maintenance of effort requirements.--Section 409(a)(7)(B)(i)(I)(aa) of the Social Security Act (42 U.S.C. 609(a)(7)(B)(i)(I)(aa)) is amended by inserting ``, and, in the case of a State that elects under section 457(g) to distribute any amount so collected directly to the family, any amount so distributed (regardless of whether the State also disregards that amount under section 408(a)(12) in determining the eligibility of the family for, or the amount of, such assistance)'' before the period. (b) State Option to Disregard Child Support Collected for Purposes of Determining Eligibility for, or Amount of, TANF Assistance.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) State option to disregard child support in determining eligibility for, or amount of, assistance.-- ``(A) Option to disregard child support for purposes of determining eligibility.--A State to which a grant is made under section 403 may disregard any part of any amount received by a family as a result of a child support obligation in determining the family's income for purposes of determining the family's eligibility for assistance under the State program funded under this part. ``(B) Option to disregard child support in determining amount of assistance.--A State to which a grant is made under section 403 may disregard any part of any amount received by a family as a result of a child support obligation in determining the amount of assistance that the State will provide to the family under the State program funded under this part.''. (c) Maintenance of Effort Requirement.--Section 454 of the Social Security Act (42 U.S.C. 654) is amended-- (1) in paragraph (32), by striking ``and'' at the end; (2) in paragraph (33), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(34) provide that, if the State elects to distribute support directly to a family in accordance with section 457(g), the State share of expenditures under this part for a fiscal year shall not be less than an amount equal to the highest amount of such share expended for fiscal year 1995, 1996, 1997, or 1998 (determined without regard to any amount expended that was eligible for payment under section 455(a)(3)).''. (d) Conforming Amendment.--Section 457(f) of the Social Security Act (42 U.S.C. 657(f)) is amended by striking ``Notwithstanding'' and inserting ``Amounts Collected On Behalf of Children in Foster Care.-- Notwithstanding''. (e) Effective Date.--The amendments made by this section take effect on October 1, 1999.

Children First Child Support Reform Act of 1999 - Amends title IV, part D of the Social Security Act (Child Support and Establishment of Paternity) to prescribe guidelines for the States to exercise the option of: (1) distributing State-collected child support payments directly to a family receiving assistance under the temporary assistance to needy families program; and (2) disregarding any such payments when determining the family's eligibility for assistance under such program.

Children First Child Support Reform Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Environmental Self- Evaluation Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) Federal agency.--The term ``Federal agency'' means any agency (as defined in section 551 of title 5, United States Code) with authority to administer or enforce any environmental law. (2) State agency.--The term ``State agency'' means any agency or instrumentality of the executive branch of a State or local government with authority to administer or enforce any environmental law. (3) Environmental law.--The term ``environmental law'' means the following: (A) Each of the following Federal laws: (i) The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). (ii) The Toxic Substances Control Act (15 U.S.C. 2601 et seq.). (iii) The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (iv) The Safe Drinking Water Act (42 U.S.C. 300f et seq.). (v) The solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (vi) The Clean Air Act (42 U.S.C. 7401 et seq.). (vii) The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (viii) The Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.). (ix) The Oil Pollution Act of 1980 (33 U.S.C. 2701 et seq.). (x) The Noise Control Act of 1982 (42 U.S.C. 4901 et seq.). (xi) The Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq.). (xii) The Endangered Species Act (16 U.S.C. 1531 et seq.). (xiii) The Surface Mining Control and Reclamation Act (30 U.S.C. 1201). (xiv) The Rivers and Harbors Act (33 U.S.C. 401-465). (xv) The Hazardous Materials Transportation Act (49 U.S.C. 1801-1813). (xvi) Any other statute enacted after the effective date of this Act that addresses the same or similar subject matter. (B) Any legal requirement in effect in a State under a program delegated to the State under a law listed in subparagraph (A) or which the State is authorized to operate in lieu of a Federal program under a law listed in subparagraph (A). Such term includes any regulation or other requirement issued under a law in subparagraph (A) or (B) and the terms and conditions of any permit issued under any such law. (4) Voluntary environmental self-evaluation.--The term ``voluntary environmental self-evaluation'' means a periodic and objective review by regulated entities of facility operations and practices related to meeting environmental requirements. Such term shall not include an environmental compliance management system. (5) Environmental compliance management system.--The term ``environmental compliance management system'' encompasses the regulated entity's systematic efforts, appropriate to the size and nature of its business, to prevent, detect, and correct violations through all of the following: (A) Compliance policies, standards, and procedures that identify how employees and agents are to meet the requirements of laws, regulations, permits, and other sources of authority for environmental requirements. (B) Assignment of overall responsibility for overseeing compliance with policies, standards, procedures, and assignment of specific responsibility for assuring compliance at each facility or operation. (C) Mechanisms for systematically assuring that compliance policies, standards, and procedures are being carried out, including monitoring and auditing systems reasonably designed to detect and correct violations, periodic evaluation of the overall performance of the compliance management system, and a means for employees or agents to report violations of environmental requirements without fear of retaliation. (D) Efforts to communicate effectively the regulated entity's standards and procedures to all employees and other agents. (E) Appropriate incentives to managers and employees to perform in accordance with the compliance policies, standards, and procedures, including consistent enforcement through appropriate disciplinary mechanisms. (F) Procedures for the prompt and appropriate correction of any violations, and any necessary modifications to the regulated entity's program to prevent future violations. (6) Voluntary environmental self-evaluation report.--(A) The term ``voluntary environmental self-evaluation report'' means documents prepared as a result of a voluntary environmental self-evaluation. An environmental self-evaluation report shall include any field notes, drafts, memoranda, drawings, photographs, computer software or stored information or electronically recorded information, maps, charts, graphs, surveys, analyses (including laboratory results, instrument readings, and field analyses), or any other information pertaining to observations, findings, opinions, suggestions, or conclusions, if such supporting information is collected or developed for the primary purpose and in the course of the self-evaluation. (B) The report may include, but is neither limited to nor required to contain, the following general component parts: (i) A document prepared by the auditor or evaluator, which may describe the scope of the evaluation, the information learned, conclusions and recommendations, and exhibits and appendices. (ii) An analysis of a portion or all of the self- evaluation or issues arising therefrom. (iii) An implementation plan or tracking system that addresses actions taken or to be taken by the owner or operator of the facility as a result of the self-evaluation. (7) Civil proceedings.--The term ``civil proceeding'' includes any administrative or civil judicial proceeding, including those for suspension, or listing. (8) Regulated entity.--The term ``regulated entity'' means an entity, including a Federal, State, or municipal agency or facility, regulated under an environmental law. SEC. 3. NONDISCLOSURE PRIVILEGE. (a) In General.--No information contained in any voluntary environmental self-evaluation report, and no testimony relating to a voluntary environmental self-evaluation shall be admissible evidence in any Federal or State administrative or judicial proceeding under any environmental law or subject to discovery in any such proceeding, except as otherwise provided in this section. (b) Information Not Subject to Privilege.--The privilege under subsection (a) shall not apply to-- (1) any information required to be developed, maintained, or reported pursuant to any environmental law; or (2) information with respect to a regulated entity's specific intentional or willful violation of an environmental law. (c) Waiver.--Any entity entitled to a privilege of nondisclosure under subsection (a) may waive such privilege by means of an express written statement specifically describing the information to which such waiver applies. No disclosure of information pursuant to a confidentiality agreement in a business or financial transaction shall be considered to be an express written statement waiving the privileges under this section. (d) In Camera Hearing.--Whenever any person seeks to obtain any information described in subsection (a) from any other entity for use in any administrative or judicial proceeding, if such other entity refuses to disclose the information on the basis of a privilege under subsection (a), the person seeking disclosure may request an administrative law judge (in the case of an administrative proceeding) or the court (in the case of any civil or criminal proceeding) to convene an in camera proceeding to determine the application of the privilege. The administrative law judge or the court shall initiate such a proceeding and require disclosure of such information to the court under seal for purposes of making such determination. In any such hearing, the entity asserting the privilege shall have the burden of asserting a prima facie basis for the privilege and the person seeking disclosure shall have the burden of persuasion that the privilege should not apply. (e) Civil Proceedings.--The privilege under subsection (a) shall not apply in any civil proceeding if the administrative law judge (in the case of an administrative proceeding) or the court (in the case of a judicial proceeding) determines, in an in camera proceeding under subsection (d), that-- (1) the report, finding, opinion, or other document or communication or testimony indicates noncompliance with an environmental law by such entity, and such entity failed to initiate efforts to achieve compliance with the law within a reasonable period of time in a manner consistent with applicable provisions of law; (2) such entity is asserting the applicability of the privilege under this section for a fraudulent purpose; or (3) the report was prepared for the purpose of avoiding disclosure of information required for a then pending or imminent specific investigative, administrative, or judicial proceeding of which the regulated entity had knowledge. Whenever an administrative law judge or a court has ruled under this subsection that the privilege does or does not apply to any report, finding, opinion, or other document or communication or testimony of any entity, such entity may appeal such ruling to the appropriate United States district court (in the case of an administrative law judge) or to the appropriate court of appeals (in the case of a ruling by a court) and such court shall review such ruling and issue a decision on the appeal within 30 days after the filing of the appeal. (f) Criminal Proceedings.--The privilege under subsection (a) shall not apply in any criminal proceeding if the court, in an in camera hearing, makes any determination referred to in subsection (e). A law enforcement official, having probable cause (based upon information obtained from a source independent of a voluntary environmental self- evaluation report) to believe that a criminal offense has been committed under any of the covered environmental laws and that the report constitutes evidence of such offense, may obtain the report pursuant to a lawful search and seizure. However, upon taking possession of the report, the law enforcement official shall immediately place it under seal and shall not review, disclose, or otherwise use the contents of the report in any way, unless the person or entity for whom the report was prepared expressly waives its protected status pursuant to subsection (c) or the court determines that the report is subject to disclosure in an in camera hearing under subsection (d). During any such hearing, the court shall permit the agency to review, but not to disclose or use the information for purposes of any investigation or proceeding. SEC. 4. IMMUNITY FOR CERTAIN VOLUNTARY DISCLOSURES. (a) In General.--Whenever any entity has disclosed to the Federal or State agency administering any environmental law information relating to the violation by such entity of such environmental law as a result of a voluntary environmental self-evaluation performed by such entity or an environmental compliance management system used by such entity, such entity and officers, employees, and agents of such entity shall be immune from prosecution in any Federal or State administrative, civil, or criminal proceeding regarding such violation (other than a criminal proceeding for conduct involving specific intent to violate the law), and the information disclosed shall not be admissible in any court or administrative proceeding, if-- (1) such entity (or officer, employee, or agent) ensures that the disclosure is made promptly after receiving knowledge of the information; (2) such entity (or officer, employee, or agent) initiates efforts to achieve compliance in a manner consistent with applicable provisions of law; (3) such entity (or officer, employee, or agent) is not asserting the applicability of the immunity under this section for a fraudulent purpose; (4) such information is not disclosed for the purpose of avoiding penalties in an investigative, administrative, or judicial proceeding that, at the time of disclosure, was imminent or in progress; and (5) such entity (or officer, employee, or agent) discloses such other information relating to the violation as the agency concerned reasonably requests, other than information subject to a nondisclosure privilege under section 3 or under any other authority of law. (b) Exclusions.--The immunity under subsection (a) shall not apply to an entity if the violation concerned is part of a pattern of significant violations (counting any multiday occurrence stemming from the same cause as a single violation) that has occurred within the past 3 years at the same facility or at different facilities under the common control of a regulated entity whose senior management had actual knowledge of the violations and failed to take timely corrective action. For purposes of this section, a violation is any violation of an environmental law identified in a judicial or administrative order, consent agreement or order, conviction, or plea agreement. (c) Procedure.-- (1) Presumption.--Whenever a regulated entity voluntarily discloses to a Federal or State agency information relating to the violation by such entity of an environmental law, if such information was obtained as a result of a voluntary environmental self-evaluation, or from an environmental compliance management system, the entity shall be presumed to be entitled to immunity under this section with respect to such violation if the entity provides information supporting a claim that the entity is qualified for such immunity at the time the entity makes the disclosure. Such presumption shall be conclusive unless challenged by the agency within 60 days of the disclosure. (2) Judicial determination.--An entity may request the appropriate United States district court for a determination regarding whether or not the immunity under subsection (a) is applicable to such entity (or officer or employee or agent) with respect to any violation. SEC. 5. SAVINGS CLAUSE. (a) Authority To Issue Certain Orders.--Nothing in this Act shall be construed to affect the authority of a Federal or State agency responsible for administering an environmental law to issue a cease and desist order or to seek a temporary restraining order or injunction for any violation of an environmental law. (b) State Privileges and Immunities.--Nothing in this Act shall be construed to limit any privilege against disclosure in effect under State law. Nothing in this Act shall be construed to limit any immunity available to any person under State law. SEC. 6. EFFECTIVE DATE. This Act shall take effect with respect to civil and criminal proceedings commenced after the enactment of this Act.

Voluntary Environmental Self-Evaluation Act - Makes information contained in any voluntary environmental self-evaluation and any related testimony inadmissible evidence (and not subject to discovery) in Federal or State administrative or judicial proceedings under any Federal environmental law. Makes such privilege inapplicable to information: (1) required to be developed, maintained, or reported pursuant to such laws; or (2) with respect to a regulated entity's intentional or willful violation of such a law.Provides immunity from prosecution for voluntary disclosures of information relating to violations of an environmental law as a result of a voluntary environmental self-evaluation if certain conditions are met, including that the disclosure is made promptly and efforts to achieve compliance are initiated. Precludes immunity if the violation concerned is part of a pattern of significant violations.

To establish certain privileges and immunities for information disclosed as part of a voluntary self-evaluation of compliance with environmental requirements, relating to compliance with environmental laws, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Treat Emergency Victims Fairly Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) Price gouging in emergencies, including natural disasters and other emergencies, is reprehensible commercial activity. (2) Emergencies place great strains on commercial and consumer relationships in the areas affected. (3) Emergencies can strain commercial and consumer relationships in areas beyond those directly damaged or affected by the emergency. (4) It is an unfortunate truth that some will try to take advantage of others in emergency situations by price gouging for consumer and other commercial goods or services. (5) Price gouging can take place prior to, during, and following natural disasters and other emergencies. (6) Price gouging in commercial and consumer settings affects interstate commerce. (7) Price gouging-- (A) distorts markets without regard to State lines; (B) disturbs and interferes with the flow of commodities and services across State lines; and (C) creates or exacerbates shortages and interruptions of supplies of materials across State lines. (8) It is in the interest of the United States to prohibit and deter price gouging. SEC. 3. DEFINITIONS. In this Act: (1) Emergency.--The term ``emergency'' means a natural disaster or other circumstance or event that is formally declared to be an emergency by Federal or State authorities. An emergency may be associated with a designated area. (2) Goods or services.--The term ``goods or services'' means goods or services of any type, including food, transportation, housing, and energy supplies. (3) Person.--The term ``person'' means a natural person, corporation, governmental body, or other entity. (4) Price gouging.-- (A) In general.--The term ``price gouging'' means charging an unreasonable and unconscionable price for a good or service immediately prior to, during, or following an emergency. (B) Presumption.-- (i) Affirmative.--A price for a good or service is presumed to be unreasonable and unconscionable-- (I) in the designated area of an emergency if it reflects a price increase at least 10 percent greater than the average price for the good or service charged by the seller in the designated area during the 30 days prior to the formal declaration of the emergency; and (II) outside the designated area of an emergency if the price is affected by the emergency and if the price reflects a price increase at least 10 percent greater than the average price for the good or service charged by the seller in the area of the sale during the 30 days prior to the formal declaration of an emergency. For purposes of subclause (II), a price is presumed to be affected by the emergency if, within 30 days following the declaration of the emergency, the price is at least 25 percent greater than the average price for the good or service charged by the seller in the area of the sale during the 30 days prior to the formal declaration of the emergency. (ii) Negative.--A price for a good or service is not unreasonable and unconscionable if it reflects only the cost of the good or service to the seller prior to the emergency, the average profit margin of the seller during the 30 days prior to the formal declaration of an emergency, and the increased costs actually incurred by the seller to sell the good or service during or following the emergency. SEC. 4. CAUSE OF ACTION. (a) In General.--It shall be unlawful for any seller of goods or services to engage in price gouging. (b) Litigation.--A cause of action under this section may be brought-- (1) in Federal or State court; and (2) by the Federal Government, through the Attorney General, or a State Government acting through its attorney general. (c) Venue and Procedure.-- (1) Federal court.--An action in Federal court under this section may be brought in any court whose jurisdiction includes-- (A) the geographic area in which price gouging is alleged to have occurred; or (B) the State which is a plaintiff in the action. (2) State court.--An action in State court under this section shall conform to State rules of procedure. (d) Expedited Federal Consideration.--An action under this section in Federal court shall receive expedited review. (e) Investigations.-- (1) In general.--During the course of an investigation under this section by the Attorney General of the United States or a State attorney general, whether prior to filing an action or during such an action, the investigating attorney general may-- (A) order any person to file a statement, report in writing, or answer questions in writing, under oath or otherwise, concerning facts or circumstances reasonably related to alleged price gouging; (B) order any person to provide data or information the attorney general reasonably deems to be necessary to an investigation; and (C) issue subpoenas to require the attendance of witnesses or the production of relevant documents, administer oaths, and conduct hearings in aid of the investigation. (2) Enforcement.--A subpoena issued under this subsection may be enforced in Federal or State court. (3) Penalty.--Failure to comply with an order or subpoena under this subsection is subject to a civil penalty of up to $10,000. (f) Limitation.--An action under this section shall be brought not later than 3 years of the date of the sale of the goods or services at issue. SEC. 5. DAMAGES AND PENALTIES. (a) In General.--A prevailing plaintiff shall be entitled to-- (1) plaintiff's damages incurred as a result of the price gouging, including without limitation a refund of all prices paid by the plaintiff in excess of conscionable and reasonable prices; (2) injunctive relief prohibiting the defendant from price gouging or mandating action; and (3) attorneys fees and costs incurred by the plaintiff. (b) Restitution.--The Attorney General of the United States and a State attorney general, in an action brought on behalf of the citizens of the United States or a State, respectively, may recover restitution or disgorgement of excess profits on behalf of those citizens. (c) Civil Penalties.-- (1) In general.--A person who violates section 4(a) shall be subject to civil penalties of up to $10,000 per incident. (2) Disposition of penalties.--Civil penalties collected through an action by the United States Attorney General shall be deposited in the United States Treasury. Civil penalties collected through an action by an attorney general of a State shall be deposited in the State's treasury. The court may apportion the deposit of civil penalties as appropriate in the circumstances. SEC. 6. ATTORNEY GENERAL AUTHORITIES. The Attorney General of the United States shall-- (1) provide assistance to and cooperate with the States in State investigations of price gouging and in State litigation brought under this Act; (2) create and disseminate guidelines designed to assist the public to recognize and report price gouging and establish a system to gather and disseminate information about instances of reported price gouging; and (3) provide grants to offices of the State attorneys general of not greater than $50,000 in order to support the pursuit of price gouging investigations and other activities. SEC. 7. SAVINGS PROVISION. This Act shall not preempt or otherwise affect any State or local law.

Treat Emergency Victims Fairly Act of 2005 - Declares it is unlawful for any seller of goods or services of any type (including food, transportation, housing, and energy supplies) to engage in price gouging, that is, the charging of an unreasonable and unconscionable price for such a good or service immediately before, during, or after a natural disaster or other emergency formally declared by federal or state authorities. Permits the federal government, through the Attorney General, or a state government acting through its attorney general, to bring an action in federal or state court to enforce this Act. Requires an action that is brought under this Act in federal court to receive expedited review. Permits the Attorney General of the United States and a state attorney general, respectively, to recover restitution or disgorgement of excess profits. States that this Act does not preempt or otherwise affect any state or local law.

A bill to prohibit price gouging for commodities and services sold during national emergency situations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commuter Parity Act of 2013''. SEC. 2. QUALIFIED TRANSPORTATION FRINGE. (a) In General.--Subsection (f) of section 132 of the Internal Revenue Code of 1986 is amended to read as follows: ``(f) Qualified Transportation Fringe.-- ``(1) In general.--For purposes of this section, the term `qualified transportation fringe' means any of the following provided by an employer to an employee: ``(A) Transportation in a commuter highway vehicle if such transportation is in connection with travel between the employee's residence and place of employment. ``(B) Any transit pass. ``(C) Qualified parking. ``(D) Any qualified bicycle commuting reimbursement. ``(2) Limitation on exclusion.--The amount of the fringe benefits which are provided by an employer to any employee and which may be excluded from gross income under subsection (a)(5) shall not exceed-- ``(A) $220 per month in the case of the aggregate of the benefits described in subparagraphs (A) and (B) of paragraph (1), ``(B) $220 per month in the case of qualified parking, and ``(C) $35 per month for qualified bicycle commuting reimbursement. ``(3) No constructive receipt.--No amount shall be included in the gross income of an employee solely because the employee may choose between any qualified transportation fringe and compensation which would otherwise be includible in gross income of such employee. ``(4) Definitions.--For purposes of this subsection-- ``(A) Transit pass.--The term `transit pass' means any pass, token, farecard, voucher, or similar item entitling a person to transportation (or transportation at a reduced price) if such transportation is-- ``(i) on mass transit facilities (whether or not publicly owned), or ``(ii) provided by any person in the business of transporting persons for compensation or hire if such transportation is provided in a vehicle meeting the requirements of subparagraph (B)(i). ``(B) Commuter highway vehicle.--The term `commuter highway vehicle' means any highway vehicle-- ``(i) the seating capacity of which is at least 6 adults (not including the driver), and ``(ii) at least 80 percent of the mileage use of which can reasonably be expected to be-- ``(I) for purposes of transporting employees in connection with travel between their residences and their place of employment, and ``(II) on trips during which the number of employees transported for such purposes is at least \1/2\ of the adult seating capacity of such vehicle (not including the driver). ``(C) Qualified parking.--The term `qualified parking' means parking provided to an employee on or near the business premises of the employer or on or near a location from which the employee commutes to work by transportation described in subparagraph (A), in a commuter highway vehicle, or by carpool. Such term shall not include any parking on or near property used by the employee for residential purposes. ``(D) Transportation provided by employer.-- Transportation referred to in paragraph (1)(A) shall be considered to be provided by an employer if such transportation is furnished in a commuter highway vehicle operated by or for the employer. ``(E) Employee.--For purposes of this subsection, the term `employee' includes an individual who is an employee within the meaning of section 401(c)(1). ``(F) Qualified bicycle commuting reimbursement.-- For the purposes of this subsection, the term `qualified bicycle commuting reimbursement' means any employer reimbursement for reasonable expenses incurred by the employee for the purchase of a bicycle and bicycle improvements, repair, and storage, or bikesharing program, if such bicycle is regularly used for travel between the employee's residence and place of employment. ``(5) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2014, the dollar amounts contained in paragraph (2) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2013' for `calendar year 1992'. ``(B) Rounding.--If any increase determined under subparagraph (A) is not a multiple of $5, such increase shall be rounded to the next lowest multiple of $5. ``(6) Coordination with other provisions.--For purposes of this section, the terms `working condition fringe' and `de minimis fringe' shall not include any qualified transportation fringe (determined without regard to paragraph (2)).''. (b) Conforming Amendments.--Sections 403(b)(3)(B), 414(s)(2), 415(c)(3)(D)(ii) of such Code are each amended by striking ``132(f)(4),''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

Commuter Parity Act of 2013 - Amends the Internal Revenue Code to modify the exclusion from gross income, for income tax purposes, of certain transportation benefits provided by an employer to an employee, to allow a monthly exclusion amount of: (1) $220 for transportation in a commuter highway vehicle from home to work and any transit pass, (2) $220 for qualified parking, and (3) $35 for qualified bicycle commuting reimbursement. Allows an annual cost-of-living adjustment to such exclusion amounts after 2014.

Commuter Parity Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Our Lady of Peace Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Since 1994, more than 689,000 individuals have been denied a gun for failing a background check. (2) States that fail to computerize their criminal and mental illness records are the primary cause of delays for background checks. Helping States automate their records will reduce delays for law-abiding gun owners. (3) 25 States have automated less than 60 percent of their felony criminal conviction records. (4) 33 States do not automate or share disqualifying mental health records. (5) In 13 States, domestic violence restraining orders are not automated or accessible by the national instant criminal background check system. (6) In 15 States, no domestic violence misdemeanor records are automated or accessible by the national instant criminal background check system. TITLE I--TRANSMITTAL OF RECORDS SEC. 101. ENHANCEMENT OF REQUIREMENT THAT FEDERAL DEPARTMENTS AND AGENCIES PROVIDE RELEVANT INFORMATION TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM. (a) In General.--Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) is amended-- (1) by inserting ``electronically'' before ``furnish''; and (2) by adding at the end the following: ``The head of each department or agency shall ascertain whether the department or agency has any records relating to any person described in subsection (g) or (n) of section 922 of title 18, United States Code and on being made aware that the department or agency has such a record, shall make the record available to the Attorney General for inclusion in the system to the extent the Attorney General deems appropriate. The head of each department or agency, on being made aware that the basis under which a record was made available under this section does not apply or no longer applies, shall transmit a certification identifying the record (and any name or other relevant identifying information) to the Attorney General for removal from the system. The Attorney General shall notify the Congress on an annual basis as to whether the Attorney General has obtained from each such department or agency the information requested by the Attorney General under this subsection.''. (b) Immigration Records.--The Commissioner of the Immigration and Naturalization Service shall cooperate in providing information regarding all relevant records of persons disqualified from acquiring a firearm under Federal law, including but not limited to, illegal aliens, visitors to the United States on student visas, and visitors to the United States on tourist visas, to the Attorney General for inclusion in the national instant criminal background check system. SEC. 102. REQUIREMENTS TO OBTAIN WAIVER. (a) In General.--Beginning 5 years after the date of the enactment of this Act, a State shall be eligible to receive a waiver of the 10 percent matching requirement for National Criminal History Improvement Grants under the Crime Identification Technology Act of 1988 if the State provides at least 95 percent of the information described under subsections (b) and (c). The length of such a waiver shall not exceed 5 years. (b) Eligibility of State Records for Submission to the National Instant Criminal Background Check System.-- (1) Requirements for eligibility.--The State shall make available the following information established either through its own database or provide information to the Attorney General: (A) The name of and other relevant identifying information relating to each person disqualified from acquiring a firearm under subsection (g) or (n) of section 922 of title 18, United States Code, and each person disqualified from acquiring a firearm under applicable State law. (B) The State, on being made aware that the basis under which a record was made available under subparagraph (A) does not apply or no longer applies, shall transmit a certification identifying the record (and any name or other relevant identifying information) to the Attorney General for removal from the system. (C) Any information provided to the Attorney General under subparagraph (A) may be accessed only for background check purposes under section 922(t) of title 18, United States Code. (D) The State shall certify to the Attorney General that at least 95 percent of all information described in subparagraph (A) has been provided to the Attorney General in accordance with subparagraph (A). (2) Application to persons convicted of misdemeanor crimes of domestic violence.--(A) For purposes of paragraph (1), a person disqualified from acquiring a firearm as referred to in that paragraph includes a person who has been convicted in any court of any Federal, State, or local offense that-- (i) is a misdemeanor under Federal or State law or, in a State that does not classify offenses as misdemeanors, is an offense punishable by imprisonment for a term of 1 year or less (or punishable by only a fine); (ii) has, as an element of the offense, the use or attempted use of physical force (for example, assault and battery), or the threatened use of a deadly weapon; and (iii) was committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, or guardian, (for example, the equivalent of ``common-law marriage'' even if such relationship is not recognized under the law), or a person similarly situated to a spouse, parent, or guardian of the victim (for example, two persons who are residing at the same location in an intimate relationship with the intent to make that place their home would be similarly situated to a spouse). (B) A person shall not be considered to have been convicted of such an offense for purposes of subparagraph (A) unless-- (i) the person is considered to have been convicted by the jurisdiction in which the proceeding was held; (ii) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (iii) in the case of a prosecution for which a person was entitled to a jury trial in the jurisdiction in which the case was tried-- (I) the case was tried by a jury; or (II) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea, or otherwise. (C) A person shall not be considered to have been convicted of such an offense for purposes of subparagraph (A) if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the jurisdiction in which the proceedings were held provides for the loss of civil rights upon conviction of such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, and the person is not otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing any firearms. (c) Application to Persons Who Have Been Adjudicated as a Mental Defective or Committed to a Mental Institution.-- (1) Requirement.--The requirement of this subsection is that the State shall provide the name of and other relevant identifying information relating to persons adjudicated as mental defective or those committed to mental institutions to the Attorney General for inclusion in the national instant criminal background check system. (2) Definition.--For purposes of paragraph (1), an adjudication as a mental defective occurs when a court, board, commission, or other government entity determines that an individual is mentally retarded or of marked subnormal intelligence, mentally ill, or mentally incompetent, including-- (A) defendants in criminal cases adjudicated as not guilty by reason of insanity, or found incompetent to stand trial; (B) individuals who are a danger to others as a result of a mental disorder or illness; (C) individuals involuntarily committed to a mental institution by a court, board, commission, or other authority; (D) individuals committed because they lack the mental capacity to contract or manage their own affairs; and (E) individuals found to be a danger to themselves as a result of a mental disorder or illness. (3) Exception.--This subsection does not apply to-- (A) a person-- (i) in a mental institution for observation; or (ii) voluntarily committed to a mental institution; or (B) information protected by doctor-patient privilege. (4) Privacy protections.--For any information provided under the national instant criminal background check system, the Attorney General shall work with States and local law enforcement and the mental health community to establish regulations and protocols for protecting the privacy of information provided to the system. (5) State authority.--Notwithstanding any other provision of this subsection, a State may designate that records transmitted under this subsection shall be used only to determine eligibility to purchase or possess a firearm. (d) Attorney General Report.--Not later than January 31 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of States in automating the databases containing the information described in subsections (b) and (c) and in providing that information pursuant to the requirements of such subsections. SEC. 103. IMPLEMENTATION GRANTS TO STATES. (a) In General.--From amounts made available to carry out this section, the Attorney General shall make grants to each State, in a manner consistent with the national criminal history improvement program, which shall be used by the State, in conjunction with units of local government and State and local courts, to establish or upgrade information and identification technologies for firearms eligibility determinations. (b) Use of Grant Amounts.--Grants under this section may only be awarded for the following purposes: (1) Building databases that are directly related to checks under the national instant criminal background check system (NICS), including court disposition and corrections records. (2) Assisting States in establishing or enhancing their own capacities to perform NICS background checks. (3) Improving final dispositions of criminal records. (4) Supplying mental health records to NICS. (5) Supplying court-ordered domestic restraining orders and records of domestic violence misdemeanors (as defined in section 102 of this Act) for inclusion in NICS. (c) Condition.--As a condition of receiving a grant under this section, a State shall specify the projects for which grant amounts will be used, and shall use such amounts only as specified. A State that violates this section shall be liable to the Attorney General for the full amount granted. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $250,000,000 for each of fiscal years 2004, 2005, and 2006. (e) User Fee.--The Federal Bureau of Investigation shall not charge a user fee for background checks pursuant to section 922(t) of title 18, United States Code. TITLE II--FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF RELEVANT RECORDS SEC. 201. CONTINUING EVALUATIONS. (a) Evaluation Required.--The Director of the Bureau of Justice Statistics shall study and evaluate the operations of the national instant criminal background check system. Such study and evaluation shall include, but not be limited to, compilations and analyses of the operations and record systems of the agencies and organizations participating in such system. (b) Report on Grants.--Not later than January 31 of each year, the Director shall submit to Congress a report on the implementation of subsections (b) and (c) of section 102 of this Act. (c) Report on Best Practices.--Not later than January 31 of each year, the Director shall submit to Congress, and to each State participating in the National Criminal History Improvement Program, a report of the practices of the States regarding the collection, maintenance, automation, and transmittal of identifying information relating to individuals described in subsection (g) or (n) of section 922 of title 18, United States Code, by the State or any other agency, or any other records relevant to the national instant criminal background check system, that the Director considers to be best practices. TITLE III--GRANTS TO STATE COURTS FOR THE IMPROVEMENT IN AUTOMATION AND TRANSMITTAL OF DISPOSITION RECORDS SEC. 301. GRANTS AUTHORIZED. (a) In General.--From amounts made available to carry out this section, the Attorney General shall make grants to each State for use by the chief judicial officer of the State to improve the handling of proceedings related to criminal history dispositions and restraining orders. (b) Use of Funds.--Amounts granted under this section shall be used by the chief judicial officer only as follows: (1) For fiscal year 2004, such amounts shall be used to carry out assessments of the capabilities of the courts of the State for the automation and transmission to State and Federal record repositories the arrest and conviction records of such courts. (2) For fiscal years after 2004, such amounts shall be used to implement policies, systems, and procedures for the automation and transmission to State and Federal record repositories the arrest and conviction records of such courts. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section $125,000,000 for each of fiscal years 2004, 2005, and 2006.

Our Lady of Peace Act - Amends the Brady Handgun Violence Prevention Act to require the head of each U.S. department or agency to ascertain whether it has such information on persons for whom receipt of a firearm would violate specified Federal provisions regarding excluded individuals or State law as is necessary to enable the National Instant Criminal Background Check System to operate. Directs that any such record that the department or agency has be made available to the Attorney General for inclusion in the National Instant Criminal Background Check System or transmission of a certification identifying the record for removal from the System. Directs the head of such department or agency, at the Attorney General's request, to furnish such information to the System electronically.Makes a State eligible to receive a waiver of the ten percent matching requirement for National Criminal History Improvement Grants if the State provides at least 95 percent of the information described in this Act, including the name of and other relevant identifying information related to each person disqualified from acquiring a firearm.Requires the Attorney General to make grants to each State: (1) to establish or upgrade information and identification technologies for firearms eligibility determinations; and (2) for use by the State's chief judicial officer to improve the handling of proceedings related to criminal history dispositions and restraining orders. Requires the Director of the Bureau of Justice Statistics to study and evaluate the operations of the System and to report on grants and on best practices of States.

A bill to improve the national instant criminal background check system, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Immigrants From Legal Exploitation Act of 2017''. SEC. 2. SCHEMES TO PROVIDE FRAUDULENT IMMIGRATION SERVICES. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1041. Schemes to provide fraudulent immigration services ``(a) In General.--Any person who knowingly or recklessly executes a scheme or artifice, in connection with any matter that is authorized by or arises under any Federal immigration law or any matter the offender claims or represents is authorized by or arises under any Federal immigration law, to-- ``(1) defraud any person; or ``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, or promises, shall be fined under this title, imprisoned not more than 10 years, or both. ``(b) Misrepresentation.--Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both. ``(c) Reimbursement.--Any person convicted of offenses under this section must fully reimburse the client for any services that person fraudulently provided.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by adding at the end the following: ``1041. Schemes to provide fraudulent immigration services.''. SEC. 3. COMBATING SCHEMES TO DEFRAUD ALIENS. (a) Regulations, Forms, and Procedures.--The Secretary of Homeland Security and the Attorney General, for matters within their respective jurisdictions arising under the immigration laws, shall promulgate appropriate regulations, forms, and procedures defining the circumstances in which-- (1) persons submitting applications, petitions, motions, or other written materials relating to immigration benefits or relief from removal under the immigration laws will be required to identify who (other than immediate family members) assisted them in preparing or translating the immigration submissions; and (2) any person or persons who received compensation (other than a normal fee for copying, mailing, or similar services) in connection with the preparation, completion, or submission of such materials will be required to sign the form as a preparer and provide identifying information. (b) Civil Injunctions Against Immigration Service Provider.--The Attorney General may commence a civil action in the name of the United States to enjoin any immigration service provider from further engaging in any fraudulent conduct that substantially interferes with the proper administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before the Department of Justice and the Department of Homeland Security. (c) Definitions.--In this section: (1) Immigration laws.--The term ``immigration laws'' has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). (2) Immigration service provider.--The term ``immigration service provider'' means any individual or entity (other than an attorney or individual otherwise authorized to provide representation in immigration proceedings as provided in Federal regulation) who, for a fee or other compensation, provides any assistance or representation to aliens in relation to any filing or proceeding relating to the alien which arises, or which the provider claims to arise, under the immigration laws, Executive order, or Presidential proclamation. SEC. 4. RELIEF FOR VICTIMS OF NOTARIO FRAUD. (a) In General.--An alien may withdraw, without prejudice, an application or other submission for immigration status or other immigration benefit if the alien submits information indicating the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud and attests that the alien had no prior knowledge the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud. (b) Corrected Filings.--The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall develop a procedure for submitting corrected applications or other submissions withdrawn under paragraph (1). The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall permit corrected applications or other submissions to be resubmitted notwithstanding the numerical and time limitations on the filing of the applications or other submissions covered by this Act. (c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is further amended by adding at the end the following: ``(VII) Immigration practitioner fraud.--Clause (i) shall not apply to an alien if he can prove by a preponderance of the evidence that he departed the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud.''. (d) Regulations Implementing Contempt Authority of Immigration Judges.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations implementing the contempt authority for immigration judges provided by section 240(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(1)). Such regulations shall provide that any civil contempt sanctions including any monetary penalty may be applicable to all parties appearing before the immigration judge. SEC. 5. OUTREACH TO IMMIGRANT COMMUNITIES. (a) Authority To Conduct.--The Secretary of Homeland Security and the Attorney General, acting through the Director of the Office for Immigration Review, shall carry out a program to educate aliens regarding who may provide legal services and representation to aliens in immigration proceedings through cost-effective outreach to immigrant communities. (b) Purpose.--The purpose of the program authorized under subsection (a) is to prevent aliens from being subjected to fraud by individuals who are not authorized to provide legal services or representation to aliens. (c) Availability.--The Attorney General shall, to the extent practicable, make publicly available information regarding fraud by immigration consultants, visa consultants, and other individuals who are not authorized to provide legal services or representation to aliens available-- (1) at appropriate offices that provide services or information to aliens; and (2) through Web sites that are-- (A) maintained by the Attorney General; and (B) intended to provide information regarding immigration matters to aliens. (d) Foreign Language Materials.--Any educational materials used to carry out the program authorized under subsection (a) shall, to the extent practicable, be made available to immigrant communities in appropriate languages, including English and Spanish. (e) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. SEC. 6. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS. (a) Establishment.--The Secretary and the Attorney General shall establish, within the U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review respectively, programs to award grants, on a competitive basis, to eligible nonprofit organizations to provide direct legal services to aliens as described in subsection (c). (b) Eligible Nonprofit Organization.--The term ``eligible nonprofit organization'' means a nonprofit, tax-exempt organization whose staff has demonstrated qualifications, experience, and expertise in providing quality services to immigrants, refugees, persons granted asylum, or persons applying for such statuses. (c) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs to provide direct assistance, within the scope of authorized practice of law, to aliens in removal proceedings and to aliens completing applications and petitions, including providing assistance in obtaining necessary documents and supporting evidence. (d) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended.

Protecting Immigrants From Legal Exploitation Act of 2017 This bill amends the federal criminal code to subject to a fine, imprisonment, or both any individual who: (1) knowingly or recklessly executes a scheme in connection with any federal immigration law-related matter to defraud a person or to obtain money or anything else of value from a person by means of false or fraudulent pretenses, representations, or promises; or (2) knowingly and falsely represents that such individual is an attorney or an accredited representative in any federal immigration law-related matter. The Department of Justice (DOJ) and the Department of Homeland Security (DHS) shall promulgate regulations, forms, and procedures defining the circumstances in which: (1) persons submitting immigration documents must identify who (other than immediate family members) assisted them in preparing or translating such documents; and (2) any person who received compensation (other than a normal fee for copying, mailing, or similar services) in connection with the preparation or submission of such documents must sign the documents as a preparer and provide identifying information. DOJ may bring a civil injunction against an immigration service provider who engages in fraudulent conduct that substantially interferes with the administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before DOJ or DHS. An alien may withdraw an immigration submission if the alien: (1) submits information indicating that thesubmission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud, and (2) attests that he or she had no prior knowledge that the submission was prepared or submitted by such an individual. This bill amends the Immigration and Nationality Act to waive the bar on reentry for an alien who left the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud. DOJ and DHS shall: (1) carry out, through the Director of the Office for Immigration Review, an outreach program to educate aliens regarding who may provide legal services and representation in immigration proceedings; and (2) establish, within the U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review, programs to award grants to eligible nonprofit organizations for direct legal services to aliens.

Protecting Immigrants From Legal Exploitation Act of 2017

SECTION 1. REMOVAL OF SPECIAL TREATMENT OF CERTAIN TYPES OF CARE AND PAYMENTS UNDER MEDICAID THIRD-PARTY LIABILITY RULES. Section 1902(a)(25) of the Social Security Act (42 U.S.C. 1396a(a)(25)) is amended by striking subparagraphs (E) and (F). SEC. 2. CLARIFICATION OF ROLE OF MCOS WITH RESPECT TO THIRD-PARTY LIABILITY. (a) In General.--Section 1902(a)(25) of the Social Security Act (42 U.S.C. 1396a(a)(25)), as amended by section 1, is further amended by inserting, after subparagraph (D), the following: ``(E) that, if the State contracts with a managed care entity pursuant to section 1932 for the purpose of providing items and services under this title-- ``(i) such contract shall specify whether-- ``(I) the State is delegating to the managed care entity all or some of its right of recovery for an item or service for which payment has been made under the State plan; and ``(II) the State is transferring to the managed care entity all or some of the assignment to the State of any right of an individual or other entity to payment from a health insurer (including self-insured plans, group health plans (as defined in section 607(1) of the Employee Retirement Income Security Act of 1974), service benefit plans, managed care organizations, pharmacy benefit managers, or other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service) for an item or service for which payment has been made under the State plan; and ``(ii) if the State delegates its rights under clause (i)(I) or transfers assignment of rights under clause (i)(II), the State shall have in effect laws requiring such health insurers, as a condition of doing business in the State-- ``(I) to provide to such managed care entity, upon the request of such entity, the information described in subparagraph (I)(i); ``(II) if a right of recovery was delegated under clause (i)(I), accept the authority of the managed care entity to exercise such right; ``(III) if an assignment of rights was transferred under clause (i)(II), accept such transfer of assignment of rights; ``(IV) respond to an inquiry made by such entity in the same manner that the insurer would respond to an inquiry by a State under subparagraph (I)(iii); and ``(V) agree not to deny a claim submitted by a managed care entity for which the State has delegated or transferred rights under clause (i) in the same manner that the insurer may not deny a claim submitted by a State under subparagraph (I)(iv);''. (b) Treatment of Collected Amounts.--Section 1903(d)(2)(B) of the Social Security Act (42 U.S.C. 1396b(d)(2)(B)) is amended by adding at the end the following: ``For purposes of this subparagraph, reimbursements made by a third party to managed care entities pursuant to section 1902(a)(25)(E) shall be treated in the same manner as reimbursements made to a State under the previous sentence.''. SEC. 3. REQUIRING COORDINATION OF BENEFICIARY INFORMATION WITH RESPECT TO THIRD-PARTY LIABILITY. Section 1902(a)(25) of the Social Security Act (42 U.S.C. 1396a(a)(25)), as amended by section 2, is further amended by inserting, after subparagraph (E), the following: ``(F) that, if the State contracts with a health insurer (as defined for purposes of subparagraph (E)) for the purposes of providing items and services under this title such contract shall require that-- ``(i) if such insurer contracts with a pharmacy benefit manager to manage benefits under the health plan offered by such insurer, such contract shall require that the pharmacy benefit manager regularly report to the State (or, as applicable, to an authorized contractor or agent of the State) any data obtained by the pharmacy benefit manager that is relevant, as determined by the State, to assisting the State in determining whether such a health insurer is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service available under the plan; and ``(ii) such insurer cooperates (including by granting requests of the State for information, or for permission to utilize information, that is relevant to determining whether such a health insurer is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service available under the plan, regardless of the State in which the insurer is licensed) with the State Medicaid plan (including any State Medicaid agency or authorized agent or contractor of such program or entity) for the proper coordination of benefits offered through the plan of such insurer and medical assistance under the State plan to effectuate the principle of the program under this title being the payer of last resort;''. SEC. 4. DEVELOPMENT OF MODEL UNIFORM FIELDS FOR STATES TO REPORT THIRD- PARTY INFORMATION. Not later than January 1, 2015, the Secretary of Health and Human Services shall, in consultation with the States, develop and make available to the States a model uniform reporting field that States may use for purposes of reporting to the Secretary within CMS Form 64 (or any successor form) information identifying third-party health insurers (including self-insured plans, group health plans (as defined in section 607(1) of the Employee Retirement Income Security Act of 1974), service benefit plans, managed care organizations, pharmacy benefit managers, or other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service) and other relevant information for ascertaining the legal responsibility of such third parties to pay for care and services available under the State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). SEC. 5. STATE INCENTIVE TO PURSUE THIRD-PARTY LIABILITY FOR NEWLY ELIGIBLES. Section 1903(d)(2)(B) of the Social Security Act (42 U.S.C. 1396b(d)(2)(B)), as amended by section 2, is amended by adding at the end the following: ``In the case of expenditures for medical assistance provided during 2014 and subsequent years for newly eligible individuals (as such term is defined in section 1905(y)) described in subclause (VIII) of section 1902(a)(10)(A)(i), in determining the amount, if any, of overpayment under this subparagraph with respect to such services, the Secretary shall apply the Federal medical assistance percentage for the State under section 1905(b), notwithstanding the application of section 1905(y).''. SEC. 6. PENALTY FOR NON-COMPLIANCE. Subject to section 6(b), for any fiscal year beginning on or after the date that is 1 year after the effective date under section 6, in the case of a State that fails to comply with the additional requirements for the State plan for medical assistance under title XIX of the Social Security Act that are imposed by the amendments made by this Act, the Secretary of Health and Human Services shall reduce the Federal medical assistance percentage (as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) for such State by a percentage point for such fiscal year during which such requirements are not met. To the extent that a State fails to comply with such additional requirements for consecutive fiscal years, the reductions under the previous sentence shall be cumulative for each such subsequent fiscal year. SEC. 7. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act (other than section 4) and the amendments made by this Act shall take effect on the date of enactment of this Act and shall apply to medical assistance provided on or after such date. (b) Exception if State Legislation Required.--In the case of a State plan for medical assistance under title XIX of the Social Security Act that the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made under this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Amends title XIX (Medicaid) of the Social Security Act (SSA) to repeal the requirement that state plans for medical assistance pay for covered prenatal or preventive pediatric care services, or other covered services provided to an individual on whose behalf a state agency is enforcing child support, without regard to a third party's liability for payment for such services, and then seek reimbursement from the third party. Requires a state plan to require any contract with a managed care entity to specify whether the state is: (1) delegating to the entity all or some of its right of recovery for payment of an item or service, and (2) transferring to the entity all or some of the assignment to the state of any right of an individual or other entity to payment from a health insurer for an item or service. Requires any state that makes such a delegation or transfer to have in effect laws requiring such health insurers, as a condition of doing business, to: (1) provide the managed care entity certain information upon request; (2) accept the delegated right of recovery and the transferred assignment of rights; and (3) agree not to deny a claim submitted by a managed care entity, for which the state has delegated or transferred rights, in the same manner that the insurer may not deny a claim submitted by a state. Requires the state plan of any state that contracts with a health insurer to require that any contract of the health insurer with a pharmacy benefit manager to manage benefits under the insurer's health plan shall require that the pharmacy benefit manager regularly report to the state any relevant data it obtains to assist the state in determining whether the insurer is legally responsible for paying a claim for a health care item or service available under the plan. Requires such a contract also to require the insurer to cooperate with the state Medicaid plan for the proper coordination of benefits offered in order to effectuate the principle of the Medicaid program's being the payer of last resort. Directs the Secretary of Health and Human Services (HHS) to develop and make available to the states a model uniform reporting field that states may use for reporting to the Secretary within CME Form 64 (or any successor form) information identifying third-party health insurers and other relevant information for ascertaining the legal responsibility of such third parties to pay for care and services under Medicaid. Requires the Secretary to apply the federal medical assistance percentage (FMAP) for the state in determining the amount, if any, of any overpayment with respect to Medicaid services for newly eligible individuals. Prescribes an administrative penalty for non-compliance with the additional Medicaid requirements imposed by this Act.

To amend title XIX of the Social Security Act to clarify policy with respect to collecting reimbursement from third-party payers for medical assistance paid under the Medicaid program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Research for Neurological Diseases Act of 2015''. SEC. 2. NATIONAL NEUROLOGICAL DISEASES SURVEILLANCE SYSTEM. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-6 SURVEILLANCE OF NEUROLOGICAL DISEASES. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(1) enhance and expand infrastructure and activities to track the epidemiology of neurological diseases, including multiple sclerosis and Parkinson's disease; and ``(2) incorporate information obtained through such activities into a statistically-sound, scientifically-credible, integrated surveillance system, to be known as the National Neurological Diseases Surveillance System. ``(b) Research.--The Secretary shall ensure that the National Neurological Diseases Surveillance System is designed in a manner that facilitates further research on neurological diseases. ``(c) Content.--In carrying out subsection (a), the Secretary-- ``(1) shall provide for the collection and storage of information on the incidence and prevalence of neurological diseases in the United States; ``(2) to the extent practicable, shall provide for the collection and storage of other available information on neurological diseases, such as information concerning-- ``(A) demographics and other information associated or possibly associated with neurological diseases, such as age, race, ethnicity, sex, geographic location, and family history; ``(B) risk factors associated or possibly associated with neurological diseases, including genetic and environmental risk factors; and ``(C) diagnosis and progression markers; ``(3) may provide for the collection and storage of information relevant to analysis on neurological diseases, such as information concerning-- ``(A) the epidemiology of the diseases; ``(B) the natural history of the diseases; ``(C) the prevention of the diseases; ``(D) the detection, management, and treatment approaches for the diseases; and ``(E) the development of outcomes measures; and ``(4) may address issues identified during the consultation process under subsection (d). ``(d) Consultation.--In carrying out this section, the Secretary shall consult with individuals with appropriate expertise, including-- ``(1) epidemiologists with experience in disease surveillance or registries; ``(2) representatives of national voluntary health associations that-- ``(A) focus on neurological diseases, including multiple sclerosis and Parkinson's disease; and ``(B) have demonstrated experience in research, care, or patient services; ``(3) health information technology experts or other information management specialists; ``(4) clinicians with expertise in neurological diseases; and ``(5) research scientists with experience conducting translational research or utilizing surveillance systems for scientific research purposes. ``(e) Grants.--The Secretary may award grants to, or enter into contracts or cooperative agreements with, public or private nonprofit entities to carry out activities under this section. ``(f) Coordination With Other Federal Agencies.--Subject to subsection (h), the Secretary shall make information and analysis in the National Neurological Diseases Surveillance System available, as appropriate, to Federal departments and agencies, such as the National Institutes of Health, the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, the Department of Veterans Affairs, and the Department of Defense. ``(g) Public Access.--Subject to subsection (h), the Secretary shall make information and analysis in the National Neurological Diseases Surveillance System available, as appropriate, to the public, including researchers. ``(h) Privacy.--The Secretary shall ensure that privacy and security protections applicable to the National Neurological Diseases Surveillance System are at least as stringent as the privacy and security protections under HIPAA privacy and security law (as defined in section 3009(a)(2)). ``(i) Report.--Not later than 4 years after the date of the enactment of this section, the Secretary shall submit a report to the Congress concerning the implementation of this section. Such report shall include information on-- ``(1) the development and maintenance of the National Neurological Diseases Surveillance System; ``(2) the type of information collected and stored in the System; ``(3) the use and availability of such information, including guidelines for such use; and ``(4) the use and coordination of databases that collect or maintain information on neurological diseases. ``(j) Definition.--In this section, the term `national voluntary health association' means a national nonprofit organization with chapters, other affiliated organizations, or networks in States throughout the United States. ``(k) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2015 through 2019.''.

Advancing Research for Neurological Diseases Act of 2015 Amends the Public Health Service Act to require the Centers for Disease Control and Prevention to: (1) enhance and expand infrastructure and activities to track the epidemiology of neurological diseases, including multiple sclerosis and Parkinson's disease; and (2) incorporate information obtained through those activities into a National Neurological Diseases Surveillance System. Requires the Department of Health and Human Services (HHS) to ensure that the System facilitates further research on neurological diseases. Requires HHS to provide for the collection and storage of information on neurological diseases, including the incidence, prevalence, and other information, to the extent practicable. Requires HHS to: (1) make information and analysis in the System available to federal agencies and to the public, including researchers; and (2) ensure that privacy and security protections applicable to the System are at least as stringent as the protections under the Health Insurance Portability and Accountability Act.

Advancing Research for Neurological Diseases Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Development Information Act of 1997''. SEC. 2. FINDINGS AND DECLARATION. (a) Findings.--Congress finds that-- (1) the availability of accurate and timely information on economic development programs of the Federal Government, States, and political subdivisions of States, and of other data of use to public officials, economic development practitioners, business and community leaders, academia, and the general public in their pursuit of sound economic development, is essential to the maintenance of the national economy at a high level and to the relief of those regions, counties, and communities suffering substantial and persistent unemployment and underemployment; and (2) previous efforts of the Economic Development Administration to provide such information, through an Office of Economic Conversion Information, have achieved success, primarily in assisting communities impacted by the closing or realignment of military or Department of Energy installations, or the closing or downsizing of defense-related industries. (b) Declaration.--Congress declares that, in furtherance of maintaining the national economy at a high level-- (1) the provision of economic development information should be expanded so that such information is available to assist all areas suffering from economic distress or long-term economic deterioration; and (2) such information should provide access to various Governmentwide and other economic development resources in such format as to be readily useful to those who may have occasion to employ the information for economic development purposes. SEC. 3. OFFICE OF ECONOMIC DEVELOPMENT INFORMATION. Title VI of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3201-3204) is amended by adding at the end the following: ``SEC. 605. OFFICE OF ECONOMIC DEVELOPMENT INFORMATION. ``(a) Establishment.--The Secretary shall establish in the Economic Development Administration an Office of Economic Development Information (hereinafter in this section referred to as the `Office'). ``(b) Duties.--The Office shall-- ``(1) serve as a central information clearinghouse on matters relating to economic development programs and activities of the Federal Government and State governments, including political subdivisions of States; ``(2) help potential and actual applicants for economic development assistance under Federal, State, and local laws in locating and applying for such assistance, including financial and technical assistance; and ``(3) develop electronic links or other connections to information databases provided by Federal departments and agencies, State and local governmental agencies, public and private entities, and individuals to assist other such agencies, entities, and individuals in the process of identifying and applying for assistance and resources under economic development programs and activities of the Federal, State, and local governments. ``(c) Electronic Links and Connections.--The databases to which the Office shall develop electronic links or other connections shall include the following kinds of information: ``(1) Relevant information concerning available economic development programs of the Federal Government, including key contact personnel, descriptions of the application process, eligibility requirements and criteria, selection and followup procedures, and other such relevant information. ``(2) Relevant information concerning major State and local governmental economic development programs, including lists of appropriate offices, officers, and contact personnel connected with, or involved in, such programs. ``(3) Relevant and available economic data and trends, including information about the national, regional, and local impacts of trade agreements, defense spending and downsizing, technological change, and other sources of substantial economic dislocation. ``(4) Case studies and best practices in economic development, adjustment, and reinvestment. ``(5) Technology utilization programs, assistance, and resources. ``(6) Compilations of published works (including books, reports, articles, videos, and tapes), and selected texts of such works, related to all facets of economic development. ``(7) Information concerning current revolving loan fund programs and finance programs directly related to economic development objectives. ``(8) Resources that assist in identifying potential sources of capital for businesses, including revolving loan funds, venture capital, and other capital tools. ``(9) Resources that assist economic developers in understanding and pursuing sustainable development and initiatives. ``(d) Public Access to Data Services.--The Office shall establish the means to ensure easy access by the public to the Office's information clearinghouse, and shall take all appropriate steps to ensure that the clearinghouse and its resources are as accessible, user-friendly, and culturally neutral as possible. As soon as practicable, and until replaced by a means determined by the Secretary to be more effective in accomplishing the purposes of this section, access to the data services of the Office shall include each of the following means: ``(1) An Internet web site, with sorted key locations by economic development related topics for users to access lists of various Governmentwide and other economic development web site resources. ``(2) A toll-free nationwide telephone number to provide direct phone access to the public. ``(3) On-line electronic access through existing computer network services and publicly available computer database access facilities. ``(4) Printed manuals and orientation materials. ``(5) Periodic orientation workshops available to the public. ``(6) On-call information specialists to address special problems requiring person-to-person assistance. ``(e) Coordination With Other Federal Departments and Agencies.-- The Secretary shall enter into such agreements and understandings as may be necessary with other Federal departments and agencies to coordinate the accomplishment of the objectives of this section. ``(f) Economic Development Defined.--In this section, the term ``economic development'' includes economic adjustment, disaster recovery, industrial retention, and defense reinvestment. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''.

Economic Development Information Act of 1997 - Directs the Secretary of Commerce to establish in the Economic Development Administration an Office of Economic Development Information (the Office) to: (1) serve as a central information clearinghouse on matters relating to Federal, State, and municipal economic development programs and activities; (2) help applicants locate economic development assistance programs; and (3) develop electronic links or other connections to information databases, both public and private, and to other individuals in the process of identifying and applying for such economic development programs. Prescribes database contents. Requires the Office to establish the means to ensure easy public access to its database service. Authorizes appropriations.

Economic Development Information Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Weatherization, Assistance, and Relief for Middle-Income Households Act of 2008'' or the ``WARM Act of 2008''. SEC. 2. LOW-INCOME HOME ENERGY ASSISTANCE APPROPRIATIONS. In addition to any amounts appropriated under any other provision of Federal law, there is appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2008-- (1) $1,265,000,000 (to remain available until expended) for making payments under subsections (a) through (d) of section 2604 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623); and (2) $1,265,000,000 (to remain available until expended) for making payments under section 2604(e) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(e)), notwithstanding the designation requirement of section 2602(e) of such Act (42 U.S.C. 8621(e)). SEC. 3. WEATHERIZATION ASSISTANCE PROGRAM FOR LOW-INCOME PERSONS. In addition to any amounts appropriated under any other provision of Federal law, there is appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2008 $523,000,000 to carry out the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.), to remain available until expended. SEC. 4. CREDIT FOR HOME HEATING OIL EXPENDITURES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. HOME HEATING OIL EXPENDITURES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the qualified home heating oil expenditures made by the taxpayer during such taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) for any taxable year shall not exceed $1,000 ($2,000 in the case of a joint return). ``(2) Limitation based on adjusted gross income.--The amount which would (but for this paragraph) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by 10 percent (20 percent in the case of a joint return) of so much of the taxpayer's adjusted gross income as exceeds $60,000 ($90,000 in the case of a joint return). ``(c) Qualified Home Heating Oil Expenditures.--For purposes of this section, the term `qualified home heating oil expenditures' means any expenditures for the purchase of heating oil that-- ``(1) are made for the purpose of heating a dwelling unit or heating water for use in a dwelling unit located in the United States and used as a residence by the taxpayer, and ``(2) are made on or after June 1, 2008, and before January 1, 2009.''. (b) Conforming Amendments.-- (1) Section 24(b)(3)(B) of the Internal Revenue Code of 1986 is amended by striking ``and 25B'' and inserting ``, 25B, and 25E''. (2) Section 25(e)(1)(C)(ii) of such Code is amended by inserting ``25E,'' after ``25D,''. (3) Section 25B(g)(2) of such Code is amended by striking ``section 23'' and inserting ``sections 23 and 25E''. (4) Section 25D(c)(2) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (5) Section 26(a)(1) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (6) Section 904(i) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (7) Section 1400C(d)(2) of such Code is amended by striking ``and 25D'' and inserting ``25D, and 25E''. (c) Clerical Amendment.--The table of sections for subpart A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Home heating oil expenditures.''. SEC. 5. DENIAL OF DEDUCTION FOR MAJOR INTEGRATED OIL COMPANIES FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION OF OIL, GAS, OR PRIMARY PRODUCTS THEREOF. (a) In General.--Subparagraph (B) of section 199(c)(4) of the Internal Revenue Code of 1986 (relating to exceptions) is amended by striking ``or'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, or'', and by inserting after clause (iii) the following new clause: ``(iv) in the case of any major integrated oil company (as defined in section 167(h)(5)(B)), the production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof during any taxable year described in section 167(h)(5)(B).''. (b) Primary Product.--Section 199(c)(4)(B) of such Code is amended by adding at the end the following flush sentence: ``For purposes of clause (iv), the term `primary product' has the same meaning as when used in section 927(a)(2)(C), as in effect before its repeal.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 6. CLARIFICATION OF DETERMINATION OF FOREIGN OIL AND GAS EXTRACTION INCOME. (a) In General.--Paragraph (1) of section 907(c) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (B) as subparagraph (C), by striking ``or'' at the end of subparagraph (A), and by inserting after subparagraph (A) the following new subparagraph: ``(B) so much of any transportation of such minerals as occurs before the fair market value event, or''. (b) Fair Market Value Event.--Subsection (c) of section 907 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Fair market value event.--For purposes of this section, the term `fair market value event' means, with respect to any mineral, the first point in time at which such mineral-- ``(A) has a fair market value which can be determined on the basis of a transfer, which is an arm's length transaction, of such mineral from the taxpayer to a person who is not related (within the meaning of section 482) to such taxpayer, or ``(B) is at a location at which the fair market value is readily ascertainable by reason of transactions among unrelated third parties with respect to the same mineral (taking into account source, location, quality, and chemical composition).''. (c) Special Rule for Certain Petroleum Taxes.--Subsection (c) of section 907 of the Internal Revenue Code of 1986, as amended by subsection (b), is amended by adding at the end the following new paragraph: ``(7) Oil and gas taxes.--In the case of any tax imposed by a foreign country which is limited in its application to taxpayers engaged in oil or gas activities-- ``(A) the term `oil and gas extraction taxes' shall include such tax, ``(B) the term `foreign oil and gas extraction income' shall include any taxable income which is taken into account in determining such tax (or is directly attributable to the activity to which such tax relates), and ``(C) the term `foreign oil related income' shall not include any taxable income which is treated as foreign oil and gas extraction income under subparagraph (B).''. (d) Conforming Amendments.-- (1) Subparagraph (C) of section 907(c)(1) of the Internal Revenue Code of 1986, as redesignated by this section, is amended by inserting ``or used by the taxpayer in the activity described in subparagraph (B)'' before the period at the end. (2) Subparagraph (B) of section 907(c)(2) of such Code is amended to read as follows: ``(B) so much of the transportation of such minerals or primary products as is not taken into account under paragraph (1)(B),''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Weatherization, Assistance, and Relief for Middle-Income Households Act of 2008 or the WARM Act of 2008 - Makes additional appropriations in FY2008 for the Low-Income Home Energy Assistance Program (LIHEAP) and the Weatherization Assistance Program for Low-Income Persons. Amends the Internal Revenue Code to: (1) allow a income-based tax credit for 50% of home heating oil expenditures made on or after June 1, 2008, and before January 1, 2009, up to $1,000 ($2,000 for joint returns); (2) deny major integrated oil companies a tax deduction for income attributable to domestic production, refining, processing, transportation, or distribution of oil, gas, or primary products thereof; and (3) establish a fair market value standard for determining foreign oil and gas extraction income.

A bill to provide weatherization and home heating assistance to low income households, and to provide a heating oil tax credit for middle income households.

SECTION 1. CLARIFICATION AND IMPROVEMENT OF INFORMATION FOR MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES ON UPGRADES OF DISCHARGE. (a) Required Notices.-- (1) Notice that upgrade is not automatic.-- (A) In general.--Each member of the Armed Forces who is being considered for or processed for an administrative or any other type of discharge shall receive written notice that an upgrade in the characterization of discharge will not automatically result from review of the discharge by a board of review under Section 1533 of title 10, United States Code. The notice shall be dated and shall be provided to the member at least 30 days prior to any deadline to elect a particular characterization or type of discharge or manner of processing. (B) Related clarification.--The notice of discharge issued to a member of the Armed Forces upon discharge may not contain or include any information, references, or other material that is inconsistent with the notice required under subparagraph (A). (2) Notice of right to obtain legal counsel.-- (A) In general.--The written notice required under paragraph (1) shall also advise the member in bold letters that the member has the right to meet with and discuss his or her discharge options with military legal counsel prior to electing a characterization or type of discharge or manner of processing. The notice must provide the name, rank, phone number, email address, and physical address of the military legal counsel responsible for providing legal advice to members. (B) Delay in processing.--Processing for the discharge of a member of the Armed Forces cannot proceed until the member has either met with military legal counsel or elected in writing not to do so. A member must be given at least 5 duty days after meeting with military legal counsel to make an election regarding characterization or type of discharge or manner of processing. (3) Acknowledgment of receipt of notice.--A member of the Armed Forces receiving notices under paragraphs (1) and (2) shall be required to acknowledge receipt of such notices by placement of his or her initials or other identifying sign or symbol next to the paragraph or paragraphs that contain such notices. The member shall be provided with a copy of the initialed notices, and a copy of such notices shall be retained in any personnel or other files maintained on such member by the Armed Forces. (b) Enhancement of Information on Application for Upgrade of Discharge.--Each Secretary concerned shall make available to the public through an Internet website available to the public and by other appropriate mechanisms, information on the means by which former members of the Armed Forces under the jurisdiction of such Secretary may apply for a review and upgrade of their discharge from the Armed Forces under section 1553 of title 10, United States Code. (c) Annual Reports on Actions by Boards of Review.-- (1) In general.--Each Secretary concerned shall, on an annual basis, make available to the public information on the reviews of discharge or dismissal undertaken under section 1553 of title 10, United States Code, by boards of review under the jurisdiction of such Secretary during the preceding year. The information shall include, for each Armed Force, the following: (A) The number of motions for review received by the boards of review during the year. (B) The number of reviews conducted by the boards of review during the year. (C) The number of discharges upgraded as a result of the reviews referred to in subparagraph (A), set forth by aggregate number of discharges so upgraded and by number of each type of discharge so upgraded. (2) Protection of private information.--Each Secretary concerned shall ensure that the information on reviews made available to the public under paragraph (1) does not include any personal information regarding the members of the Armed Forces the discharges and dismissals of whom are the subject of such reviews. (d) Secretary Concerned Defined.--In this section, the term ``Secretary concerned'' has the meaning given that term in section 101(a) of title 10, United States Code. SEC. 2. ENHANCEMENT OF NOTICE TO MEMBERS OF THE ARMED FORCES ON CONSEQUENCES OF DISCHARGE STATUS FOR BENEFITS AND SERVICES THROUGH THE FEDERAL GOVERNMENT. (a) In General.--The Secretary of Defense shall take appropriate actions to ensure that each member of the Armed Forces receives at the time of discharge from the Armed Forces comprehensive information, in writing, on the effect of the discharge status of such member on the benefits and services available to such member through the Department of Defense, the Department of Veterans Affairs, and any other department or agency of the Federal Government providing benefits or services to individuals in their status as former members of the Armed Forces. (b) Information on Upgrade of Discharge.--The information provided pursuant to subsection (a) shall include the information described in section 1(b). SEC. 3. REQUIREMENT TO TEST MEMBERS OF THE ARMED FORCES FOR CERTAIN INJURIES AND CONDITIONS BEFORE DISCHARGING FOR PERSONALITY DISORDERS. (a) Testing Requirement.--The Secretary of a military department may not discharge from the Armed Forces for personality disorder any member of the Armed Forces unless such member has undergone testing by the Department of Defense for post-traumatic stress disorder, traumatic brain injury, and any related mental health disorder or injury prior to final action with respect to such discharge. (b) Restrictions on Discharge for Personality Disorder.--The Secretary of a military department may not discharge from the Armed Forces for personality disorder a member of the Armed Forces determined by the Secretary of Defense to suffer from post-traumatic stress disorder, traumatic brain injury, or any related mental health disorder or injury. SEC. 4. WAIVER OF STATUTE OF LIMITATIONS APPLICABLE TO CERTAIN REVIEWS OF DISCHARGES FOR PERSONALITY DISORDERS. Section 1553(a) of title 10, United States Code, is amended-- (1) in the second sentence, by striking ``A motion or request for review'' and inserting ``Except as provided in the following sentence, a motion or request for review''; and (2) by inserting after the second sentence the following: ``The Secretary of Defense shall waive the 15 year time limit specified in the preceding sentence in the case of a motion or request for review of a discharge for personality disorder of a former member who has been diagnosed by the Secretary of Veterans Affairs with post-traumatic stress disorder, traumatic brain injury, or any related mental health disorder or injury.''. SEC. 5. APPLICABILITY. Nothing in this Act or the amendments made by this Act shall be construed to authorize or require the upgrade of a bad conduct discharge or dishonorable discharge imposed on a member of the Armed Forces as the result of a conviction by court-martial, unless the conviction is overturned on appeal.

Requires: (1) each member of the Armed Forces being considered for any type of military discharge to receive written notice that an upgrade in the characterization of such discharge will not automatically result from review by a discharge review board; (2) such notice to also advise the member of the right to discuss discharge options with military legal counsel prior to electing a characterization or type of discharge; (3) each member to acknowledge receipt of such notice; and (4) each military department Secretary to annually make public information on discharge reviews. Directs the Secretary of Defense to ensure that each member receives, at the time of discharge, comprehensive information on the effect of the discharge status of the member on benefits and services available through the Department of Defense (DOD), Department of Veterans Affairs (VA), or any other federal department or agency providing benefits to former members. Prohibits the Secretary of a military department from discharging for a personality disorder a member: (1) unless the member has undergone testing by DOD for post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), and any related mental health disorder or injury prior to a final action with respect to the discharge; or (2) determined by the Secretary to suffer from PTSD, TBI, or a related mental health disorder or injury. Requires the Secretary to waive the 15-year time limit generally applicable to discharge reviews in the case of reviews of discharges for personality disorder of a former member who has been diagnosed with PTSD, TBI, or a related mental health disorder or injury.

A bill to clarify and improve information for members and former members of the Armed Forces on upgrades of discharge, to prohibit personality disorder discharges in cases of post-traumatic stress disorder and traumatic brain injury, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Transit Improvement and Flexibility Act of 2009''. SEC. 2. FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS. Section 5311(c)(2) of title 49, United States Code, is amended-- (1) in subparagraph (A), by striking ``20 percent'' and inserting ``25 percent''; and (2) in subparagraph (B), by striking ``80 percent'' and inserting ``75 percent''. SEC. 3. FLEXIBLE USE OF ELDERLY AND DISABLED FUNDING. Section 5310 of title 49, United States Code, is amended by-- (1) in subsection (a), by adding at the end the following: ``(5) Operating costs.--A State may use not more than 25 percent of the amounts apportioned to the State under this section for operating costs of equipment and facilities that are or have been funded in whole or part under this section.''; and (2) in subsection (c)-- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following: ``(2) Operating assistance.-- ``(A) In general.--Except as provided in subparagraph (B), a grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. ``(B) Exception.--A State described in section 120(b) of title 23 shall receive a Government share of the net operating costs equal to 62.5 percent of the Government share provided for under paragraph (1)(B).''. SEC. 4. PILOT PROGRAM FOR TRANSIT CENTERS IN SMALLER CITIES AND TOWNS. (a) In General.--Chapter 53 of title 49, United States Code, is amended by inserting after section 5311 the following: ``Sec. 5311a. Pilot program for transit centers in smaller cities and towns ``(a) In General.--The Secretary shall establish a program (referred to in this section as the `program') of grants to eligible States for the purpose of establishing transit centers in urbanized areas with a population of less than 200,000 and in areas other than urbanized areas. Such transit centers may include multimodal transportation centers that include transit centers. ``(b) Purpose.--The purpose of the program is to facilitate the development of transit service in areas that, historically, may not have received adequate attention to the development of transit service by providing facilities that have the potential to be transformational with respect to the provision of improved transit service in a community. ``(c) Definitions.--In this section-- ``(1) the term `eligible State' means a State with a population density of less than 100 persons per square mile of land area, based on the most recent decennial census at the time an application is filed; and ``(2) the definitions of `recipient' and `subrecipient' in section 5311(a) shall apply. ``(d) Procedures.-- ``(1) In general.--The Secretary shall develop administrative procedures and requirements for the implementation of this section, including any application procedures, and may pattern such procedures and requirements after requirements applicable to discretionary bus grants under section 5309, but shall streamline such processes and limit requirements to the maximum extent possible, to facilitate prompt implementation of the program and to minimize the regulatory burden on grant recipients and subrecipients. ``(2) Development.--The Secretary shall develop proposed procedures under this subsection and publish them in the Federal Register for comment within 60 days of the date of enactment of this section. Final procedures shall be adopted within 60 days of the close of said comment period. ``(e) Distribution.--In distributing funds pursuant to this section-- ``(1) the Secretary shall, prior to the completion of fiscal year 2012, award grants to establish at least one such center in each eligible State, provided that satisfactory applications have been filed from each eligible State in a timely manner to enable such distribution; and ``(2) prior to the completion of fiscal year 2015, shall award grants to establish at least 2 such centers in each eligible State, provided that satisfactory applications have been filed from each eligible State in a timely manner to enable such distribution. ``(f) Administration Costs.--A recipient may use not more than 10 percent of amounts awarded under this section for a project to administer, plan, and provide technical assistance for that project funded under this section. A recipient may allocate to a subrecipient all or part of the amount the recipient may use under this subsection to administer, plan, and provide technical assistance for a project. ``(g) Eligible Expenses and Government Share.--Except for administrative expenses authorized under subsection (f), grants under this program shall be only for capital expenses, including buildings, facilities for the maintenance and repair of buses and other transit vehicles, off street transit vehicle stop space and transit vehicle parking space, passenger seating areas, and other capital expenditures as the Secretary may determine appropriate. The Government share of capital costs under this section shall be 100 percent.''. (b) Funding.--From the Mass Transit Account of the Highway Trust Fund there shall be made available to carry out the program established pursuant to section 5311a of title 49, United States Code, $25,000,000 for fiscal year 2010 and $50,000,000 for each of fiscal years 2011 through 2015. All such amounts are to remain available until expended.

Rural Transit Improvement and Flexibility Act of 2009 - Revises the apportionment of nonurbanized formula grants for amounts remaining after apportionment for grants to Indian tribes for public transportation on Indian reservations for FY2006-FY2009. Increases from 20% to 25% the amount of remaining funds to be apportioned to a state based on its land area. Decreases correspondingly from 80% to 75% the amount of remaining funds to be apportioned to a state based on population in nonurbanized areas. Limits to 25% of its apportionment for a formula grant for a capital project for the special needs of elderly individuals and individuals with disabilities the amount a state may use for operating costs of equipment and facilities. Limits a grant for operating assistance from exceeding 50% of the net operating project costs. Increases such limit to 62.5% of the government share of project costs in the case of a state containing nontaxable Indian lands, individual and tribal, and public domain lands (both reserved and unreserved), national forests, and national parks and monuments. Requires the Secretary of Transportation to establish a pilot program for the award of grants to states to establish transit centers to improve transit service (buses and other transit vehicles) in urbanized areas with a population of less than 200,000 and in nonurbanized areas.

A bill to improve transit services, including in rural States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stephen Michael Gleason Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Stephen ``Steve'' Gleason was born March 19, 1977, in Spokane, Washington to Mike and Gail Gleason. (2) Steve attended Gonzaga Preparatory School for high school where he excelled as both a football and baseball player. (3) In 1995, Steve enrolled at Washington State University where he was a 2-sport athlete for the baseball and football teams and helped the Cougars football team advance to the 1997 Rose Bowl. (4) In 2000, Steve signed a professional football contract with the Indianapolis Colts of the National Football League as an undrafted free agent but later joined the New Orleans Saints in November of that same season. (5) Steve would go on to play 7 more seasons as a member of the New Orleans Saints. (6) Steve will always be remembered for his blocked punt on September 25, 2006, against the Atlanta Falcons, the night the Louisiana Superdome reopened for the first time after Hurricane Katrina in a game the Saints would win 23 to 3. (7) In January, 2011 Steve was diagnosed with amyotrophic lateral sclerosis or ALS, considered a terminal neuro-muscular disease. (8) Following his diagnosis, Steve, with the loving support of his wife, Michel, began a mission to show that patients can not only live but thrive after a diagnosis of ALS and established The Gleason Initiative Foundation also known simply as ``Team Gleason''. (9) At the time of his diagnosis, however, Steve said there will be ``No White Flags'', which has become the mantra of Team Gleason. (10) The Gleason Initiative Foundation helps provide individuals with neuromuscular diseases or injuries with leading edge technology, equipment and services, raises global awareness about ALS to find solutions and an end to the disease, and has helped hundreds of people with ALS experience life adventures they never thought possible after their diagnosis. (11) Steve's story and mission have been told by the NFL Network, ESPN, HBO, ABC, CBS, CNN, and many local media outlets, as well as in a 2016 documentary titled ``Gleason'', which was heralded at the Sundance Film Festival and premiered across the country with Variety calling the production ``an emotional powerhouse''. The documentary won several awards, including the 2016 Washington, D.C. Area Film Critics Association Award for Best Documentary. (12) Steve was named 1 of 2 Sports Illustrated's Inspirations of the Year in 2014, has been a keynote speaker for Microsoft and at 2 United Nations sponsored Social Innovation Summits, and received the 2015 George S. Halas Courage Award, given to a NFL player, coach or staff member who overcomes the most adversity to succeed. (13) Steve helped advocate for the Steve Gleason Act of 2015 (Public Law 114-40; 129 Stat. 441), and the Steve Gleason Enduring Voices Act of 2017, H.R. 2465, 115th Congress (2017), which permanently ensures people living with diseases such as ALS have access to speech generating devices regardless of their setting, whether at home or a healthcare institution. (14) In 2014, Steve and Team Gleason hosted a global summit to bring together researchers, patients, caregivers, and all ALS stakeholders to create a plan to ultimately end ALS. That summit resulted in the single largest coordinated and collaborative ALS research project in the world, Answer ALS, which brings together nearly two dozen research institutions, 1,000 patients and 20,000,000,000,000 data points that are important to the project and that will define the unknown pathways that will lead to treatments or finally a cure. (15) In 2015, Steve and Microsoft worked together to create a method for people who are completely paralyzed to navigate their power wheelchairs with their eyes. Today, Steve, Microsoft and all wheelchair manufacturers are working collaboratively to make it widely available to all who need this technology. Microsoft has also made eye tracking technology part of all Windows 10 products across the globe. (16) In 2011, 10 months after his diagnosis, Steve and Michel made their most significant accomplishment, becoming parents to their son Rivers. (17) In addition to serving as advocates for all who are suffering from other debilitating neurological diseases, Steve and Michel Gleason continue to fight to find a solution for ALS so they can share many years together and as parents to Rivers. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to Stephen Michael Gleason. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.

Stephen Michael Gleason Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold Medal to Stephen Michael Gleason.

Stephen Michael Gleason Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Terrorism Explosives Act of 2002''. SEC. 2. PERMITS FOR PURCHASERS OF EXPLOSIVES. (a) Definitions.--Section 841(j) of title 18, United States Code, is amended to read as follows: ``(j) `Permittee' means any user of explosives for a lawful purpose, who has obtained a user permit or a limited permit under this chapter.''. (b) Permits for Purchase of Explosives.--Section 842 of such title is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``and''; and (B) by striking paragraph (3) and inserting the following: ``(3) other than a licensee or permittee, knowingly-- ``(A) to transport, ship, cause to be transported, or receive any explosive materials; or ``(B) to distribute explosive materials to any person other than a licensee or permittee; or ``(4) who is a holder of a limited permit-- ``(A) to transport, ship, cause to be transported, or receive in interstate or foreign commerce any explosive materials; or ``(B) to receive explosive materials from a licensee or permittee whose premises are located in the State of residence of the holder, except that the holder of a limited permit may so receive explosive materials on 4 or fewer occasions pursuant to regulations prescribed by the Secretary.''; and (2) by striking subsection (b) and inserting the following: ``(b) It shall be unlawful for any licensee or permittee knowingly to distribute any explosive materials to any person other than-- ``(1) a licensee; ``(2) a holder of a user permit; or ``(3) a holder of a limited permit who is a resident of the State where distribution is made and in which the transferor's premises are located.''. (c) Licenses and User Permits.--Section 843(a) of such title is amended-- (1) in the 1st sentence-- (A) by inserting ``or limited permit'' after ``user permit''; and (B) by inserting ``, including the names of and appropriate identifying information regarding all employees who will be authorized by the employer to possess explosive materials, as well as fingerprints and a photograph of each responsible person with respect to the applicant. In this section, the term `responsible person' means, with respect to an applicant, an individual who has the power to direct the management and policies of the applicant pertaining to explosive materials'' before the period; and (2) by striking the 3rd sentence and inserting ``Each license or user permit shall be valid for no longer than 3 years from the date of issuance, and each limited permit shall be valid for no longer than 1 year from the date of issuance. Each license or permit shall be renewable upon the same conditions and subject to the same restrictions as the original license or permit (except that, in the case of the renewal of a limited permit, the verification requirement of subsection (b)(5) may be satisfied by inspection or such other means as the Secretary deems appropriate) and upon payment of a renewal fee not to exceed \1/2\ of the original fee.''. (d) Criteria for Approving Licenses and Permits.--Section 843(b) of such title is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) the applicant (or, if the applicant is a corporation, partnership, or association, each responsible person with respect to the applicant) is not a person who is prohibited from receiving, distributing, transporting, or possessing explosive materials under subsection (d) or (i) of section 842;''; (2) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively, and inserting after paragraph (1) the following: ``(2) none of the employees who will be authorized by the applicant to possess explosive materials in the course of their employment with the applicant is a person whose possession of explosives would be unlawful under section 842(i);''; (3) in paragraph (5) (as so redesignated)-- (A) by inserting ``the Secretary has verified by inspection that'' before ``the applicant''; and (B) by striking ``and'' at the end; (4) by striking the period at the end of paragraph (6) (as so redesignated) and inserting ``; and''; and (5) by adding at the end the following: ``(7) in the case of a limited permit, the applicant has certified in writing that the applicant will not receive explosive materials on more than 4 different occasions during any 12-month period in which a limited permit issued to the applicant is in effect.''. (e) Deadline for Approval or Denial of Application.--Section 843(c) of such title is amended by striking ``a period of forty-five days beginning on the date such'' and inserting ``90 days after the''. (f) Inspection Authority.--Section 843(f) of such title is amended-- (1) in the 1st sentence-- (A) by striking ``permittees'' and inserting ``holders of user permits''; and (B) by inserting ``licensees and permittees'' before ``shall submit''; and (2) in the 2nd sentence, by striking ``permittee'' the first place it appears and inserting ``holder of a user permit''. (g) Posting of Permits.--Section 843(g) of such title is amended by inserting ``user'' before ``permits''. (h) Background Checks; Clearances.--Section 843 of such title is amended by adding at the end the following: ``(h)(1) If the Secretary receives from an employer the name and other identifying information with respect to a responsible person or an employee who will be authorized by the employer to possess explosive materials in the course of employment with the employer, the Secretary shall determine whether possession of explosives by the responsible person or the employee, as the case may be, would be unlawful under section 842(i). In making the determination, the Secretary may take into account a letter or document issued under paragraph (2) of this subsection. ``(2)(A) If the Secretary determines that possession of explosives by the responsible person or the employee would not be unlawful under section 842(i), the Secretary shall notify the employer in writing or electronically of the determination and issue to the responsible person or the employee, as the case may be, a letter of clearance which confirms the determination. ``(B) If the Secretary determines that possession of explosives by the responsible person or the employee would be unlawful under section 842(i), the Secretary shall notify the employer in writing or electronically of the determination and issue to the responsible person or the employee, as the case may be, a document which confirms the determination, explains the grounds for the determination, provides information on how the disability may be relieved, and explains how the determination may be appealed.''. (i) Effective Date.--The amendments made by this section shall take effect 180 days after the date of enactment of this Act. (j) Electronic Records.--Not later than one year after the effective date of this Act, the Secretary of the Treasury shall maintain an electronic record of each license, user permit, or limit permit issued or renewed under section 843 of title 18, United States Code, on or after one year after the effective date of this Act. SEC. 3. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING EXPLOSIVE MATERIALS. (a) Distribution of Explosive Materials.--Section 842(d) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting ``or has been committed to a mental institution;''; and (3) by adding at the end the following: ``(7) is an alien, other than a lawful permanent resident alien (as defined in section 101(a)(20) of the Immigration and Nationality Act) or an alien described in subsection (q)(2) of this section; ``(8) has been discharged from the Armed Forces under dishonorable conditions; or ``(9) having been a citizen of the United States, has renounced his citizenship.''. (b) Possession of Explosives.--Section 842(i) of such title is amended-- (1) by striking ``or'' at the end of paragraph (3); and (2) by inserting after paragraph (4) the following: ``(5) who, is an alien, other than a lawful permanent resident alien (as defined in section 101(a)(20) of the Immigration and Nationality Act) or an alien described in subsection (q)(2); ``(6) who has been discharged from the Armed Forces under dishonorable conditions; or ``(7) who, having been a citizen of the United States, has renounced his citizenship;''. (c) Provisions Relating to Legal Aliens.--Section 842 of such title is amended by adding at the end the following: ``(q) Provisions Relating to Legal Aliens.-- ``(1) Definition.--In this subsection, the term `alien' has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)). ``(2) Exceptions.--An alien is described in this paragraph if the alien-- ``(A) is-- ``(i) in lawful nonimmigrant status; ``(ii) a refugee admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157); or ``(iii) in asylum status under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158); and ``(B) is-- ``(i) a law enforcement officer of a foreign country designated in writing by the Attorney General as a country covered by this subparagraph, and is entering the United States on official law enforcement business; ``(ii) a person having the authority to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under section 843(a), and shipping, transporting, possessing or receiving explosive materials relates to the authority; or ``(iii) a member of the armed forces of a foreign country that is a member of the North Atlantic Treaty Organization, Australia, New Zealand, Japan, Republic of Korea, or other foreign country designated in writing by the Attorney General, after consultation with the Secretary of Defense, as a country covered by this subparagraph (whether or not admitted in a non-immigrant status), who is present in the United States under military orders for training or other authorized purpose, and the shipping, transporting, possessing, or receiving explosive materials is in furtherance of the military purpose; ``(iv) lawfully present in the United States in cooperation with the Director of Central Intelligence, and the shipment, transportation, receipt, or possession of the explosive materials is in furtherance of such cooperation.''. (d) Expansion of Authority to Provide Relief From Disabilities.-- Section 845(b) of such title is amended-- (1) by striking ``had been indicted for or convicted of a crime punishable by imprisonment for a term exceeding one year'' and inserting ``is prohibited from shipping, transporting, receiving, or possessing any explosive''; (2) by striking ``of such indictment or conviction'' and inserting ``of the applicable provision of section 842(i)''; (3) by striking ``the indictment or conviction'' and inserting ``the applicability of such provision''; (4) by striking ``of indictment or conviction'' and inserting ``of such applicability''; and (5) by striking ``by such indictment or conviction'' and inserting ``by such applicability''. SEC. 4. REQUIREMENT TO PROVIDE SAMPLES OF EXPLOSIVE MATERIALS AND AMMONIUM NITRATE. Section 843 of title 18, United States Code, is further amended by adding at the end the following: ``(i) A person who manufactures or imports explosive materials or ammonium nitrate shall, as required by letter issued by the Secretary, furnish samples of the explosive materials or ammonium nitrate, information on chemical composition of the explosive materials or ammonium nitrate, and any other information that the Secretary determines is relevant to the identification of the explosive materials or to identification of the ammonium nitrate. The Secretary shall, by regulation, provide for the reimbursement of the fair market value of samples furnished pursuant to this subsection, as well as the reasonable costs of shipment.''. SEC. 5. DESTRUCTION OF PROPERTY OF INSTITUTIONS RECEIVING FEDERAL FINANCIAL ASSISTANCE. Section 844(f)(1) of title 18, United States Code, is amended by inserting ``or any institution or organization receiving Federal financial assistance,'' before ``shall''.

Anti-Terrorism Explosives Act of 2002 - (Sec. 2) Rewrites Federal criminal code provisions regarding the purchase of explosives to prohibit the transport, shipment, or receipt of explosive materials without a Federal license, user permit, or limited permit. (Current law regulates such activities only to the extent that they occur in interstate or foreign commerce, includes exceptions such as for contiguous State transactions, and makes no mention of a limited permit.)Allows a limited permit purchaser to buy explosive materials only four times in any 12-month period. Makes each limited permit valid for one year.Requires employers who apply for licenses and user permits or limited permits to provide the names and appropriate identifying information regarding all employees who will be authorized by the employer to possess explosive materials, as well as fingerprints and a photograph of each responsible person. Directs the Secretary of the Treasury to determine whether explosives possession by the responsible person or the employee would be unlawful and, if: (1) lawful, to notify the employer in writing or electronically of the determination and issue a letter of clearance; and (2) unlawful, to notify the employer and issue a document which confirms the determination, explains the grounds, provides information on how the disability may be relieved, and explains how the determination may be appealed.Directs the Secretary of the Treasury to maintain an electronic record of each license, user permit, or limited permit issued or renewed on or after one year after this Act's effective date.(Sec. 3) Expands the list of persons prohibited from receiving or possessing explosive materials to include: (1) aliens other than lawful permanent resident aliens; (2) persons dishonorably discharged from the armed forces; and (3) individuals who have renounced their U.S. citizenship.(Sec. 4) Requires licensed manufacturers, licensed importers, and those who manufacture or import explosive materials or ammonium nitrate to furnish samples and relevant information when required by the Secretary.(Sec. 5) Sets penalties for the destruction of property of institutions receiving Federal financial assistance.

To combat terrorism and defend the Nation against terrorist acts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Ireland Peace and Reconciliation Support Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has been effectively engaged in the Northern Ireland peace process through both participating in negotiations and contributing to the economic development of Northern Ireland and border areas of the Republic of Ireland that are affected by the conflict in Northern Ireland. (2) The Government of Ireland, the Irish people, the Government of the United Kingdom, and the British people are longstanding friends of the United States Government and the people of the United States. (3) In 1986, the United States, in support of the Agreement Between the Government of Ireland and the Government of the United Kingdom dated November 15, 1985 (``Anglo-Irish Agreement''), established the International Fund for Ireland (``International Fund'') to help bolster economic development and support programs that would foster peace and reconciliation in Northern Ireland and the affected border areas of the Republic of Ireland. (4) The United States has been a generous and faithful donor to the International Fund, contributing more than $386,000,000 to help improve relations between Catholics and Protestants in Northern Ireland through the creation of thousands of jobs and the development of business opportunities that allow Catholics and Protestants to work together. (5) More than 80 percent of the International Fund's investments have been in disadvantaged areas. Programs funded by the investments offer work experience and important job training programs to disadvantaged and unemployed youth through the economic, social, and physical regeneration of such areas. (6) The International Fund has also developed a series of community-building programs promoting greater dialogue and understanding between Catholics and Protestants and leadership programs designed to develop a new generation of leaders in Northern Ireland to bring about a more peaceful and prosperous future in the region. (7) Section 2(b) of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415; 100 Stat. 947), states that the purpose of the United States contributions to the International Fund is to support the promotion of ``reconciliation in Northern Ireland and the establishment of a society in Northern Ireland in which all may live in peace, free from discrimination, terrorism, and intolerance, and with the opportunity for both communities to participate fully in the structures and processes of government''. (8) United States assistance to the International Fund has contributed greatly to the economic development of Northern Ireland and to accomplishing the objectives of the Anglo-Irish Agreement Support Act of 1986, economic development and reconciliation, which are critical to achieving a just and lasting peace in the region, especially in the economically depressed areas of Northern Ireland. (9) The Agreement Reached in the Multi-Party Negotiations in Belfast on April 10, 1998 (the ``Good Friday Agreement'') created the Northern Ireland Executive Assembly and Executive Committee and provided for a ``democratically elected Assembly in Northern Ireland which is inclusive in its membership, capable of exercising executive and legislative authority, and subject to safeguards to protect the rights and interests of all sides of the community''. (10) The Good Friday Agreement also called for police reform and establishment of a ``new beginning'' in policing in Northern Ireland with an effective, accountable, and fair police service capable of attracting and sustaining support from the community as a whole, capable of maintaining law and order, and based on principles of protection of human rights. (11) In 1999, the Independent Commission on Policing in Northern Ireland, a commission required by the Good Friday Agreement, made 175 recommendations for policing reform in Northern Ireland, some of which have been implemented. (12) In 2002, the Department of State issued a report required by section 701(d) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1419), entitled ``Report on Policing Reform and Human Rights in Northern Ireland''. The report concluded that a new police training facility and an increase in funding for police training programs were critically needed in Northern Ireland. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) although there has been positive economic development in both the Republic of Ireland and Northern Ireland, the United States should continue to contribute to the International Fund to support much needed programs in economically depressed areas of Northern Ireland as such programs remain very important to accomplishing the objectives of the Anglo-Irish Agreement Support Act of 1986; (2) the United States should support an expansion of reconciliation projects funded by the International Fund as a way to promote peace and economic stability in Northern Ireland; and (3) as policing reform is a significant part of winning public confidence and acceptance of the new form of government in Northern Ireland, the International Fund should support programs to enhance relations between communities and between the police officers and the communities served by such officers, promote human rights training for police officers, and enhance peaceful mediation in neighborhoods of continued conflict. SEC. 4. PURPOSES OF THE ANGLO-IRISH AGREEMENT SUPPORT ACT OF 1986. Section 2(b) of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415; 100 Stat. 947) is amended to read as follows: ``(b) Purposes.-- ``(1) Purpose of this act.--The purpose of this Act is to provide for United States contributions in support of the Anglo-Irish Agreement, such contributions to consist of economic support fund assistance for payment to the International Fund established pursuant to the Anglo-Irish Agreement, as well other assistance to serve as an incentive for economic development and reconciliation in Ireland and Northern Ireland. ``(2) Purpose of united states contributions to the international fund.--The purpose of United States contributions to the International Fund is to support the Anglo-Irish Agreement in promoting reconciliation in Northern Ireland and the establishment of a society in Northern Ireland in which all may live in peace, free from discrimination, terrorism, and intolerance, and with the opportunity for both communities to participate fully in the structures and processes of government, including through the support of the programs described in section 3(b).''. SEC. 5. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FUND UNDER THE ANGLO-IRISH AGREEMENT SUPPORT ACT OF 1986. The text of section 3 of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415; 100 Stat. 947) is amended to read as follows: ``(a) In General.-- ``(1) Authorization of appropriations.--Of the amounts made available for fiscal years 2004 and 2005 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) there are authorized to be appropriated $25,000,000 for each such fiscal year for United States contributions to the International Fund. ``(2) Availability of funds authorized.--Amounts authorized to be appropriated under paragraph (1) may remain available until expended. ``(b) Specific Programs.-- ``(1) Police-community relations.--United States contributions to the International Fund may be used to fund programs to enhance relations between communities and between police officers and the communities served by such officers, to promote human rights training for police officers, to enhance peaceful mediation in neighborhoods of continued conflict, and to promote training programs to enhance the new district partnership police boards recommended by the Commission into Policing for Northern Ireland established by the Agreement Reached in the Multi-Party Negotiations in Belfast on April 10, 1998. ``(2) Sense of congress.--It is the sense of Congress that not less than 20 percent of the amount authorized to be appropriated for each of fiscal years 2004 and 2005 under this subsection should be used to fund the programs described in paragraph (1).''. SEC. 6. CONTENT OF ANNUAL REPORT. Section 6(1) of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415; 100 Stat. 949) is amended by inserting before the semicolon at the end the following: ``, including specifically through improving local community relations and relations between the police officers and the people served by such officers''.

Northern Ireland Peace and Reconciliation Support Act of 2003 - Declares the sense of Congress that: (1) the United States should continue to contribute to the International Fund for Ireland to support much needed programs in economically depressed areas of Northern Ireland as such programs remain very important to accomplishing the objectives of the Anglo-Irish Agreement Support Act of 1986; (2) the United States should support an expansion of reconciliation projects funded by the International Fund as a way to promote peace and economic stability in Northern Ireland; and (3) the International Fund should support programs such as those mentioned by this Act. Amends the Anglo-Irish Agreement Support Act of 1986 to authorize certain appropriations for FY 2004 and 2005 for U.S. contributions to the Fund. Authorizes the use of such contributions to fund programs to: (1) enhance relations between communities and between police officers and the communities served by such officers; (2) promote human rights training for police officers; (3) enhance peaceful mediation in neighborhoods of continued conflict; and (4) promote training programs to enhance the new district partnership police boards recommended by the Commission into Policing for Northern Ireland established by the Agreement Reached in the Multi-Party Negotiations in Belfast on April 10, 1998 (Good Friday Agreement). Declares the sense of Congress that at least 20 percent of such authorized appropriations for each such fiscal year should be used to carry out such programs.

A bill to authorize appropriations for fiscal years 2004 and 2005 for United States contributions to the International Fund for Ireland, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Ownership Act of 2003''. SEC. 2. OWNERSHIP POLICY FOR THE UNITED STATES. (a) Findings.--The Congress finds that-- (1) there is considerable evidence that employee-owned and employee-controlled corporations are more productive and provide more wealth to their employees than corporations not so owned, and (2) the workplace experience of employee-owned and employee-controlled corporations is proven to foster greater appreciation of the economic system of the United States that relies on ownership of private property and capitalism. (b) Policy.--It is the policy of the United States that by the year 2010, 30 percent of all United States corporations are owned and controlled by employees of the corporations. SEC. 3. TAX INCENTIVES RELATING TO EMPLOYEE-OWNED AND EMPLOYEE- CONTROLLED CORPORATIONS. (a) Trust of Employee-Owned and Employee-Controlled Corporation Exempt From Taxation.-- (1) In general.--Section 501(c) of the Internal Revenue Code of 1986 (relating to list of exempt organizations) is amended by adding at the end the following new paragraph: ``(29)(A) employee-owned and employee-controlled corporation trust. ``(B) For purposes of subparagraph (A), the term `employee- owned and employee-controlled corporation trust' means a trust which has as its primary assets the employer securities (within the meaning of section 409(l)) of an employee-owned and employee-controlled corporation.''. (2) Employee-owned and employee-controlled corporation defined.--Subsection (a) of section 7701 of such Code (relating to definitions) is amended by adding at the end the following new paragraph: ``(48) Employee-owned and employee-controlled corporation.--The term `employee-owned and employee-controlled corporation' means a corporation in which-- ``(A) more than 50 percent of the voting stock of such corporation is held by a trust for the benefit of the employees of that corporation, ``(B) in all matters requiring the vote of stock, including the election of the board of directors of the corporation, the trustee of such trust is obligated to vote the stock held in trust and allocated to participants in the trust in the manner in which the participants direct, on the basis of 1-employee 1-vote, and to vote any stock not so allocated as if it were so allocated, ``(C) at least 25 employees of such corporation are participants in and beneficiaries of such trust, ``(D) a minimum of 90 percent of the employees who work at least 1,000 hours annually for such corporation are participants in such trust, and ``(E) the trustee administers such trust for the benefit of the employees of such corporation and complies with all requirements of this title relating to employee stock ownership plans (as defined in section 4975(e)(7)) pertaining to independent appraisal of shares not readily tradable and distribution of those shares.''. (b) No Tax on Corporate Income of Employee-Owned and Employee- Controlled Corporation.--Subsection (a) of section 11 of such Code (relating to corporations in general) is amended by inserting before the period at the end the following: ``(other than any employee-owned and employee-controlled corporation)''. (c) Exclusion of Income From Sale of Employee-Owned and Employee- Controlled Corporation Stock by Employee Owner.-- (1) In general.--Part III of subchapter B of chapter 1 of such Code (relating to items specifically excluded from gross income) is amended by redesignating section 140 as section 140A and by inserting after section 139 the following new section: ``SEC. 140. INCOME FROM EMPLOYEE OWNER SALE OF EMPLOYER SECURITIES DISTRIBUTED FROM EMPLOYEE-OWNED AND EMPLOYEE-CONTROLLED CORPORATION TRUST. ``(a) In General.--In the case of an individual, gross income shall not include any proceeds from the qualified sale of employer securities. ``(b) Qualified Sale of Employer Securities.--The term `qualified sale of employer securities' means the sale of employer securities (as defined in section 409(l)) which were distributed to a participant in the employee-owned and employee-controlled corporation trust to-- ``(1) an employee of the employee-owned and employee- controlled corporation which issued such securities, ``(2) such corporation, or ``(3) such trust.''. (2) Clerical amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 140 and inserting after the item relating to section 139 the following new items: ``Sec. 140. Income from employee owner sale of employer securities distributed from employee-owned and employee-controlled corporation trust. ``Sec. 140A. Cross references to other Acts.''. (d) Receipt of Stock in an Employee Owned and Controlled Corporation During 3-Year Transition Period.--Section 83 of such Code (relating to property transferred in connection with performance of services) is amended by adding at the end the following new subsection: ``(i) Receipt of Stock in an Employee Owned and Controlled Corporation During 3-Year Transition Period.-- ``(1) In general.--In the case of an employee, this section shall not apply to the transfer in lieu of compensation of employer securities in an employer owned and controlled corporation during the 3-year period beginning on the effective date of the election of a corporation to become an employee owned and controlled corporation. ``(2) Exception.--If, on the day after the end of the 3- year period referred to in paragraph (1), such corporation is not an employee owned and controlled corporation, paragraph (1) shall not apply and the following sum shall be included in the gross income of such employee: ``(A) an amount equal to the fair market value of all of such securities at the time of transfer (determined without regard to any restriction other than a restriction which by its terms will never lapse) to the employee in lieu of compensation for such period, plus ``(B) an amount equal to 10 percent of the amount determined under subparagraph (A).''. (e) No Tax on Gain on Sales or Transfers to Employee-Owned and Employee-Controlled Corporation Trust.-- (1) In general.--Part III of subchapter O of chapter 1 of such Code (relating to common nontaxable exchanges) is amended by adding at the end the following new section: ``SEC. 1046. SALE OF SECURITIES TO EMPLOYEE-OWNED AND EMPLOYEE- CONTROLLED CORPORATION TRUST. ``(a) Nonrecognition of Gain.--If the taxpayer elects the application of this section, in the case of the sale or transfer of employer securities (as defined in section 409(l)) to an employee-owned and employee-controlled corporation trust, gain on such sale or transfer shall not be recognized if the requirements of subsection (b) are met. ``(b) Requirements.-- ``(1) In general.--The requirements of this subsection are that-- ``(A) the employee-owned and employee-controlled corporation trust acquiring such securities from the taxpayer agrees-- ``(i) to hold such securities for the 3- year period beginning on the date of such transfer or sale, and ``(ii) to notify the taxpayer upon the transfer of such securities before the end of such period, and ``(B) the taxpayer agrees to the provisions of subsection (b). ``(2) Exceptions.--Paragraph (1) shall not apply-- ``(A) in a case where such securities are securities of an employee-owned and employee-controlled corporation which are distributed within such 3-year period to an employee of such corporation, and ``(B) in the case of the sale or transfer of stock of an employee-owned and employee-controlled corporation in connection with the sale or reorganization of such corporation, if such sale or reorganization is approved by the employees of such corporation in a vote held on a 1-employee 1-vote basis. ``(c) Recapture of Tax.--If, during any year within the 3-year period referred to in subsection (b)(1), securities subject to subsection (a) are sold or transferred in a manner that does not meet the requirements of subsection (b), then gain on the sale or transfer described in subsection (a) shall be recognized for the year in which such requirements are not met.''. (2) Clerical amendment.--The table of sections for part III of subchapter O of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1046. Sale of securities to employee-owned and employee- controlled corporation trust.''. (f) Credit for Transfer of Stock From Estate to Employee-Owned and Employee-Controlled Corporation.-- (1) In general.--Part II of subchapter A of chapter 11 of such Code (relating to credits against tax) is amended by redesignating section 2016 as section 2017 and by inserting after section 2015 the following new section: ``SEC. 2016. CREDIT FOR TRANSFER OF EMPLOYEE SECURITIES FROM ESTATE TO EMPLOYEE-OWNED AND EMPLOYEE-CONTROLLED CORPORATION TRUST. ``(a) General Rule.--The tax imposed by section 2001 shall be credited with the amount of employer securities considered to have been acquired from or to have passed from the decedent to an employee-owned and employee-controlled corporation trust. ``(b) Limitation.--Such credit may not exceed the tax imposed by section 2001, reduced under this part (other than by this section). ``(c) Value of Stock not Readily Tradable.--No credit shall be allowed under subsection (a) in the case of employer securities which are not readily tradable on an established securities market unless the value of such employer securities is established by an independent appraiser. For purposes of the preceding sentence, the term `independent appraiser' means any appraiser meeting requirements similar to the requirements of the regulations prescribed under section 170(a)(1). ``(d) Definitions.--For purposes of subsection (a)-- ``(1) Acquired from or passed from a decedent.--Employer securities shall be considered to have been acquired from or to have passed from a decedent if the basis of such property in the hands of the employee-owned and employee-controlled corporation trust is determined under section 1014 by reference to paragraph (1), (2), (4), or (9) of subsection (b) of such section. ``(2) Employer securities.--The term `employer securities' has the meaning given such term by section 409(l)), except that such term shall not include any security which is not voting common stock.''. (2) Clerical amendment.--The table of sections for part II of subchapter A of chapter 11 of such Code (relating to credits against tax) is amended by striking the item relating to section 2016 and adding at the end the following new items: ``Sec. 2016. Credit for transfer of employee securities from estate to employee-owned and employee- controlled corporation trust. ``Sec. 2017. Recovery of taxes claimed as credit.''. (g) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) Credit for transfer of stock from estate to employee- owned and employee-controlled corporation.--The amendments made by subsection (f) shall apply to estates of decedents dying after the date of the enactment of this Act. SEC. 4. STUDY OF GOVERNMENT POLICIES AFFECTING EMPLOYEE-OWNED AND EMPLOYEE-CONTROLLED CORPORATIONS. The Comptroller General of the United States shall-- (1) conduct a study of all Federal Government regulations and policies that might impact the creation and operation of an employee-owned and employee-controlled corporation as defined in section 7701(a)(47) of the Internal Revenue Code of 1986, (2) identify those regulations and policies that are barriers to employee ownership and control of such a corporation, and (3) not later than one year after the date of the enactment of this Act, submit a report on the findings of such study, together with such recommendations as the Comptroller General determines appropriate, to the Congress. SEC. 5. PRESIDENTIAL COMMISSION ON EMPLOYEE OWNERSHIP. (a) Establishment.--Not later than one year after the date of the enactment of this Act, the President shall establish a commission to be known as the ``Presidential Commission on Employee Ownership'' (hereafter in this section referred to as the ``Commission''). (b) Duties and Report.--The Commission shall-- (1) conduct a study concerning all issues that affect ownership of businesses in the United States, with a primary focus on the issues that affect employee ownership of such businesses, and (2) not later than two years after the date of its establishment, submit a final report to the President and the Congress which includes the findings and recommendations of the Commission. (c) Membership.--The Commission shall be composed of 15 members appointed by the President as follows: (1) Three individuals, each of whom is an employee of a corporation that has at least 50 percent of its voting stock in a trust for the benefit of employees and who is not an officer or senior manager of that corporation. (2) Three individuals, each of whom is an employee of a corporation that has at least 50 percent of its voting stock in a trust for the benefit of employees and who is an officer or senior manager of that corporation. (3) Three individuals, each of whom is a professor employed by an institution of higher learning. (4) Three individuals, each of whom is employed by a not- for-profit entity that has as its primary mission issues arising from employee ownership of businesses. (5) The Secretary of Labor, or his designee, the Secretary of the Treasury, or his designee, and the Director of the Office of Management and Budget, or his designee. (d) Staff.--The Commission shall have such number of staff as the President shall determine, except that such staff shall include not less than five full-time employees. (e) Gifts and Bequests.--The Commission may accept, use, and dispose of gifts or bequests or services or personal property for the purpose of aiding or facilitating the work of the Commission. Gifts or bequests of money and proceeds from sales of other property received as gifts or bequests shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission.

Employee Ownership Act of 2003 - Declares the policy of the United States that, by the year 2010, 30 percent of all U.S. corporations shall be owned and controlled by their employees.Amends the Internal Revenue Code to provide for tax-exempt employee-owned and employee-controlled corporation (EOECC) trusts whose primary assets consist of the employer securities of an EOECC.Declares that: (1) there shall be no tax on the corporate income of an EOECC; and (2) the gross income of an employee owner shall not include any proceeds from the qualified sale of EOECC securities.Exempts from inclusion in gross income of property transferred in connection with performance of services any transfer (in lieu of compensation) of EOECC securities during the three years following a corporation's election to become an EOECC.Mandates nonrecognition of gain in the case of the sale or transfer of EOECC securities to an EOECC trust.Establishes a credit against the estate tax for the amount of EOECC securities considered to have been acquired from or to have passed from a decedent to an EOECC trust.Directs the Comptroller General to study and report to Congress on Federal regulations and policies affecting EOECCs.Directs the President to establish a Presidential Commission on Employee Ownership to study and report on all issues that affect ownership of businesses in the United States, with a primary focus on the issues that affect employee ownership of such businesses.

To amend the Internal Revenue Code of 1986 to provide incentives for the ownership and control of corporations by employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Verifying Authority and Legality In Drug Compounding Act of 2012''. SEC. 2. APPLICATION OF FEDERAL LAW TO PRACTICE OF PHARMACY COMPOUNDING. (a) Amendment.--Section 503A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353a) is amended to read as follows: ``SEC. 503A. PHARMACY COMPOUNDING. ``(a) In General.--Sections 501(a)(2)(B) and 505 shall not apply with respect to a drug product if each of the following applies: ``(1) The drug product is compounded for an identified individual patient based on the receipt of-- ``(A) a valid prescription order; or ``(B) a notation, approved by the prescribing practitioner, on the prescription order that a compounded product is necessary for the identified patient. ``(2) The drug product is compounded by a licensed pharmacist in a State-licensed pharmacy or a Federal facility, or by a licensed physician, pursuant to such prescription order or notation. ``(3) The drug product is compounded exclusively from-- ``(A) ingredients that comply with the standards of an applicable United States Pharmacopoeia or National Formulary monograph; or ``(B) if such a monograph does not exist, ingredients that are ingredients in a drug-- ``(i) for which an approval of an application filed under subsection (b) or (j) of section 505 is in effect; or ``(ii) that may be lawfully marketed in the United States without such an approval pursuant to the definition of a new drug in section 201. ``(4) Any bulk substance used for purposes of compounding the drug product-- ``(A) is manufactured by an establishment that is registered under section 510 (including a foreign establishment that is registered under section 510(i)); and ``(B) is accompanied by valid certificates of analysis. ``(5) The pharmacist or physician compounding the drug product complies with the standards of any applicable United States Pharmacopoeia chapters on pharmacy compounding. ``(6) The drug product, including the dosage form and any ingredient thereof, is not included in the list under subsection (b). ``(7) The drug product is not a copy of a commercially available drug. ``(b) List of Drug Products That Should Not Be Compounded.-- ``(1) In general.--For purposes of subsection (a)(6), the Secretary shall-- ``(A) develop and maintain a list of drug products that should not be compounded, including any categories, dosage forms, or ingredients of such drug products; and ``(B) include on such list, at a minimum-- ``(i) drug products (or categories, dosage forms, or ingredients thereof) whose compounding is reasonably likely to cause an adverse effect on safety or effectiveness of such drug product; and ``(ii) drug products (or categories, dosage forms, or ingredients thereof) that have been withdrawn or removed from the market because they have been found to be unsafe or not effective. ``(2) Initial publication; updates.--The Secretary shall-- ``(A) not later than 1 year after the date of the enactment of the Verifying Authority and Legality In Drug Compounding Act of 2012, publish an initial list under paragraph (1); and ``(B) not less frequently than every year thereafter, review and, as appropriate, update the list under paragraph (1). ``(3) Availability.--The Secretary shall make the list under paragraph (1) available on the public Web site of the Food and Drug Administration. ``(4) Transmission to state regulatory agencies.--Upon publication of the initial list under paragraph (1), and upon each update to the list, the Secretary shall transmit an up-to- date copy of the list to the agency in each State with primary responsibility for regulating the compounding of drugs. ``(c) Waiver of Requirement of Individually Identified Patient for Specified Drug Products.-- ``(1) Waiver authority.--The Secretary may, with respect to a drug product sold or dispensed by a pharmacy or pharmacist, waive the requirement of subsection (a)(1) that the drug product be compounded for an individually identified patient if the Secretary determines that compounding the drug product is necessary-- ``(A) to address a drug shortage; or ``(B) to protect public health or well-being. ``(2) Duration.--The duration of a waiver under paragraph (1) shall not exceed 1 year, unless the Secretary determines that an extension is necessary to continue-- ``(A) to address the drug shortage for which such waiver was originally approved; or ``(B) to protect public health or well-being. ``(3) Waivers by states prohibited.--The Secretary may not authorize any State to grant waivers under this subsection. ``(d) Waiver of Requirement of Individually Identified Patient for Specified Pharmacies and Pharmacists.-- ``(1) Waiver authority.--The Secretary may waive the requirement of subsection (a)(1) that the drug product be compounded for an individually identified patient if the pharmacy or pharmacist-- ``(A) submits an application that meets the requirements of paragraph (5)(A) and is satisfactory to the Secretary (or, subject to paragraph (3), the State); and ``(B) agrees to comply with any condition of operation and any limitations specified by the Secretary as a requirement for such waiver, including the conditions and limitations specified under paragraph (5). ``(2) Ineligible pharmacies.--A pharmacy or pharmacist required to be registered under section 510 for purposes of compounding a drug product is not eligible for a waiver under this subsection for such purposes. ``(3) Types of pharmacies eligible for waiver.--Subject to paragraph (2), the Secretary shall specify types of pharmacies and pharmacists that are eligible for a waiver under this subsection, and shall include the following types: ``(A) Any pharmacy or pharmacist within a hospital system that is compounding drug products exclusively for dispensing to patients within that hospital system. ``(B) Any pharmacy or pharmacist that compounds sterile drug products. ``(C) Any pharmacy or pharmacist that compounds drug products in limited quantities before the receipt of a valid prescription for an individual patient who is located in the same State as the pharmacy or pharmacist, based on a history of the pharmacy or pharmacist receiving such valid prescription. ``(4) Waivers by states allowed.-- ``(A) Memorandum of understanding.--The Secretary may authorize a State to grant waivers under paragraph (1) to pharmacies and pharmacists in such State pursuant to a memorandum of understanding entered into between the Secretary and the State-- ``(i) ensuring, to the Secretary's satisfaction, that the State's program for granting waivers will be implemented in accordance with the requirements of this section (including the application of different requirements for different types of pharmacies, as specified under paragraph (5)(B)); and ``(ii) including such other information and assurances as the Secretary may require. ``(B) Determination.--The Secretary shall establish criteria and a process for determining whether to authorize a State to grant waivers under paragraph (1). ``(C) Scope of authorization.--In authorizing a State to grant waivers under subparagraph (A), the Secretary may limit such authority to apply only with respect to certain types of pharmacies and pharmacists specified under paragraph (3). ``(D) Limitation.--A waiver granted by a State to a pharmacy or pharmacist under subparagraph (A) shall only apply with respect to compounded drug products sold or dispensed within such State. ``(5) Applications; requirements.-- ``(A) In general.--For each type of pharmacy or pharmacist specified under paragraph (3), the Secretary shall specify, in the regulations under subsection (j), the following: ``(i) The information that is required to be included in an application for a waiver under paragraph (1). ``(ii) The circumstances necessary to support the approval of such an application by the Secretary, or by a State that is authorized to grant waivers under paragraph (4), including the criteria that shall be used to evaluate such an application. ``(iii) The conditions of operation, including good manufacturing practices and requirements for third-party testing, applicable to the compounding of drugs under such a waiver. ``(iv) Any limitations on the activities that a pharmacy or pharmacist may engage in under such a waiver. ``(v) The duration (and renewability) of such a waiver. ``(B) Specificity to types of pharmacies and pharmacists.--In establishing requirements under subparagraph (A), the Secretary shall make the requirements specific to each type of pharmacy and pharmacist specified by the Secretary under paragraph (3). ``(e) Waiver of Requirement Regarding Copies of Commercially Available Drug.-- ``(1) Waiver authority.--The Secretary may, with respect to a drug product sold or dispensed by a pharmacy or pharmacist, waive the requirement of subsection (a)(7) if the Secretary determines that compounding the drug product is necessary to protect public health or well-being. ``(2) Duration.--The duration of a waiver under paragraph (1) shall not exceed 1 year, unless the Secretary determines that an extension is necessary to protect public health or well-being. ``(3) Waivers by states prohibited.--The Secretary may not authorize any State to grant waivers under this subsection. ``(f) Inspections.--The facilities of any pharmacy or pharmacist compounding drug products pursuant to a waiver under subsection (c), (d), or (e) shall be subject to inspection under section 704 for purposes of determining compliance with the provisions of this Act applicable to such compounding. ``(g) Cancellation of Waiver.-- ``(1) In general.--The Secretary shall publish notice at least 30 days before cancelling a waiver under subsection (c), (d), or (e). ``(2) Exception for public health and safety.--The Secretary may cancel a waiver without regard to paragraph (1) in order to prevent an adverse impact on public health or safety. ``(h) Labeling.--The labeling of any drug product compounded pursuant to subsection (a) shall include the following statement: `This drug has not been tested for safety and effectiveness and is not approved by the FDA. Serious adverse reactions to this drug should be reported to the pharmacy where it was received and the FDA at _____.' The blank shall specify a phone number and a Web site, to be provided by the Secretary for purposes of this subsection. ``(i) Reporting by Pharmacists and Physicians.-- ``(1) Adverse event.--If a pharmacist or physician compounding a drug product pursuant to this section becomes aware of any adverse event associated with the use of such product, not later than 10 calendar days after becoming so aware, the pharmacist or physician shall report such adverse event to the Secretary. ``(2) Information related to risk of injury or death.--If a pharmacist or physician compounding a drug product pursuant to this section becomes aware of information concerning any bacteriological, fungal, or other contamination; any significant chemical, physical, or other change; or any deterioration of a compounded drug product that has already been distributed by the pharmacist or physician, that could cause serious injury or death, not later than 5 calendar days after becoming so aware, the pharmacist or physician shall report such information to the Secretary. ``(j) Regulations.--The Secretary shall promulgate regulations for carrying out this section, which shall include the following: ``(1) The types of pharmacies and pharmacists specified pursuant to subsection (d)(3). ``(2) The criteria and process for determining whether a State may provide a waiver under subsection (d)(4). ``(3) The information specified under subsection (d)(5)(A). ``(4) The requirements applicable to different types of pharmacies and pharmacists under subsection (d)(5). ``(5) The requirements for inspections under subsection (f). ``(k) Definitions.--In this section: ``(1) The term `copy of a commercially available drug product' does not include a drug product in which there is a change, made for an identified individual patient, which produces for that patient a significant difference, as determined by the prescribing practitioner, between the compounded drug and the comparable commercially available drug product. ``(2) The term `compounding' does not include mixing, reconstituting, or other such acts that are performed in accordance with directions contained in approved labeling provided by the product's manufacturer and other manufacturer directions consistent with that labeling.''. (b) Misbranding.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the following: ``(bb) If it is a drug product compounded pursuant to section 503A and its labeling does not include the statement required by section 503A(h).''. (c) Conforming Amendment.--Section 704(a)(2)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(a)(2)(A)) is amended by inserting ``subject to section 503A,'' before ``pharmacies which maintain establishments''. (d) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall promulgate final regulations for carrying out the amendments made by subsections (a), (b), and (c). (e) Effective Date.--The amendments made by subsections (a), (b), and (c) shall take effect on the date that is 1 year after the date of the enactment of this Act. SEC. 3. REGISTRATION AND INSPECTION OF MANUFACTURERS COMPOUNDING DRUG PRODUCTS. (a) Registration.--Section 510(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(g)) is amended by adding at the end the following: ``With respect to compounding drugs, the exemption in paragraph (1) does not apply with respect to any pharmacy to the extent to which the pharmacy is, in effect, manufacturing such drugs, as determined by the Secretary, taking into consideration the extent to which such pharmacy sells the drugs across State lines, the quantity of the drugs sold, and any other factors determined appropriate by the Secretary.''. (b) Inspection.--Section 704(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(a)(2)) is amended by adding at the end the following flush text: ``With respect to compounding drugs, the exemption in subparagraph (A) does not apply with respect to any pharmacy to the extent to which the pharmacy is, in effect, manufacturing such drugs, as determined by the Secretary, taking into consideration the extent to which such pharmacy sells the drugs across State lines, the quantity of the drugs sold, and any other factors determined appropriate by the Secretary.''. (c) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations for carrying out the amendments made by subsections (a) and (b). (d) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of the enactment of this Act.

Verifying Authority and Legality In Drug Compounding Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) with respect to the regulation of compounding drugs. Eliminates authority for compounding pharmacies to: (1) compound drugs before the receipt of a valid prescription order, or (2) compound any drug product that is a copy of a commercially available drug. Requires the Secretary of Health and Human Services (HHS) to develop, maintain and transmit to the appropriate state agencies a list of drug products that should not be compounded, including: (1) drug products whose compounding is reasonably likely to cause an adverse effect on their safety or effectiveness; and (2) drug products that have been withdrawn or removed from the market because they have been found to be unsafe or not effective. Authorizes the Secretary to waive the requirement that a drug product must be compounded for an individually identified patient based on a valid prescription order or similar notation if compounding the drug product is necessary to address a drug shortage, or to protect public health or well-being. Prohibits the Secretary from authorizing a state to grant such waivers. Authorizes the Secretary to waive the requirement that a drug product must be compounded for an individually identified patient based on a valid prescription order or similar notation if the pharmacy or pharmacist: (1) submits a satisfactory application to the Secretary; and (2) agrees to comply with any condition or limitation specified by the Secretary. Makes a pharmacy or pharmacist required to be registered under the FFDCA as a drug producer ineligible for a waiver. Permits the Secretary to authorize a state to grant such waivers applicable to compounded drug products sold or dispensed within the state pursuant to a memorandum of understanding between the Secretary and the state. Authorizes the Secretary to waive the prohibition against compounding any drug product that is a copy of a commercially available drug if it is necessary to protect public health or well-being. Prohibits the Secretary from authorizing a state to waive such prohibition. Subjects the facilities of any pharmacy receiving a waiver under this Act to inspection to determine compliance with this Act. Requires the Secretary to publish notice at least 30 days before cancelling a waiver, unless it is necessary to prevent an adverse impact on public health or safety. Sets forth a required label statement for any drug compounded pursuant to this Act. Requires a pharmacist or physician compounding a drug product to report any adverse event associated with the use of the product within a specified time frame.

To amend the Federal Food, Drug, and Cosmetic Act to provide for the compounding of drug products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sacramento-San Joaquin Delta National Heritage Area Establishment Act''. SEC. 2. SACRAMENTO-SAN JOAQUIN DELTA NATIONAL HERITAGE AREA. (a) Definitions.--In this section: (1) Heritage area.--The term ``Heritage Area'' means the Sacramento-San Joaquin Delta Heritage Area established by this section. (2) Heritage area management plan.--The term ``Heritage Area management plan'' means the plan developed and adopted by the management entity under this section. (3) Management entity.--The term ``management entity'' means the management entity for the Heritage Area designated by subsection (b)(4). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Sacramento-San Joaquin Delta Heritage Area.-- (1) Establishment.--There is established the ``Sacramento- San Joaquin Delta Heritage Area'' in the State of California. (2) Boundaries.--The boundaries of the Heritage Area shall be in the counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo in the State of California, as generally depicted on the map entitled ``Sacramento-San Joaquin Delta National Heritage Area Proposed Boundary'', numbered T27/ 105,030, and dated September 2010. (3) Availability of map.--The map described in paragraph (2) shall be on file and available for public inspection in the appropriate offices of the National Park Service and the Delta Protection Commission. (4) Management entity.--The management entity for the Heritage Area shall be the Delta Protection Commission established by section 29735 of the California Public Resources Code. (5) Administration; management plan.-- (A) Administration.--For purposes of carrying out the Heritage Area management plan, the Secretary, acting through the management entity, may use amounts made available under this section in accordance with section 8001(c) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 991). (B) Management plan.-- (i) In general.--Subject to clause (ii), the management entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area in accordance with section 8001(d) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 991). (ii) Restrictions.--The Heritage Area management plan submitted under this paragraph shall-- (I) ensure participation by appropriate Federal, State, tribal, and local agencies, including the Delta Stewardship Council, special districts, natural and historical resource protection and agricultural organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners; and (II) not be approved until the Secretary has received certification from the Delta Protection Commission that the Delta Stewardship Council has reviewed the Heritage Area management plan for consistency with the plan adopted by the Delta Stewardship Council pursuant to State law. (6) Relationship to other federal agencies; private property.-- (A) Relationship to other federal agencies.--The provisions of section 8001(e) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 991) shall apply to the Heritage Area. (B) Private property.-- (i) In general.--Subject to clause (ii), the provisions of section 8001(f) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 991) shall apply to the Heritage Area. (ii) Opt out.--An owner of private property within the Heritage Area may opt out of participating in any plan, project, program, or activity carried out within the Heritage Area under this section, if the property owner provides written notice to the management entity. (7) Evaluation; report.--The provisions of section 8001(g) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 991) shall apply to the Heritage Area. (8) Effect of designation.--Nothing in this section-- (A) precludes the management entity from using Federal funds made available under other laws for the purposes for which those funds were authorized; or (B) affects any water rights or contracts. (9) Authorization of appropriations.-- (A) In general.--There is authorized to be appropriated to carry out this section $20,000,000, of which not more than $2,000,000 may be made available for any fiscal year. (B) Cost-sharing requirement.--The Federal share of the total cost of any activity under this section shall be determined by the Secretary, but shall be not more than 50 percent. (C) Non-federal share.--The non-Federal share of the total cost of any activity under this section may be in the form of-- (i) in-kind contributions of goods or services; or (ii) State or local government fees, taxes, or assessments. (10) Termination of authority.--If a proposed management plan has not been submitted to the Secretary by the date that is 5 years after the date of enactment of this title, the Heritage Area designation shall be rescinded.

Sacramento-San Joaquin Delta National Heritage Area Establishment Act - Establishes the Sacramento-San Joaquin Delta National Heritage Area in California. Designates the Delta Protection Commission as the management entity for the Heritage Area. Requires the Commission to submit a proposed management plan for the Heritage Area to the Secretary of the Interior for approval. Bars approval of the management plan until the Secretary has received certification from the Commission that the Delta Stewardship Council has reviewed such plan for consistency with the plan adopted by the Council pursuant to state law.

A bill to establish the Sacramento-San Joaquin Delta National Heritage Area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our Communities from Risky Trains Act of 2016''. SEC. 2. ENHANCED SECURITY MEASURES FOR SHIPMENTS OF SECURITY SENSITIVE MATERIAL. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall issue regulations to require enhanced security measures for shipments of security sensitive material. (b) Security Sensitive Material.--The Secretary shall designate a material, or a group or class of material, in a particular amount and form as security sensitive if the Secretary determines that transporting the material in commerce poses a significant risk to national security due to the potential use of the material in an act of terrorism. In making such a designation, the Secretary shall consider the following: (1) A highway route-controlled quantity of a Class 7 (radioactive) material, as defined in section 173.403 of title 49, Code of Federal Regulations, in a motor vehicle, railroad car, or freight container. (2) More than 25 kilograms of a division 1.1, 1.2, or 1.3 explosive, as defined in section 173.50 of title 49, Code of Federal Regulations, in a motor vehicle, rail car, or freight container. (3) More than one liter per package of a material poisonous by inhalation, as defined in section 171.8 of title 49, Code of Federal Regulations, that meets the criteria for hazard zone A, as specified in section 173.116(a) or section 173.133(a) of title 49, Code of Federal Regulations. (4) A shipment of a quantity of hazardous materials in a bulk packaging having a capacity equal to or greater than 13,248 liters for liquids or gases or more than 13.24 cubic meters for solids. (5) A select agent or toxin regulated by the Centers for Disease Control and Prevention under part 73 of title 42, Code of Federal Regulations. (6) A quantity of hazardous material that requires placarding under the provisions of subpart F of part 172 of title 49, Code of Federal Regulations. (c) Compilation of Route and Storage Pattern Information for Railroad Carriers Transporting Security Sensitive Material.--Not later than 90 days after the last day of each calendar year, a railroad carrier that transports security sensitive material shall compile commodity data by route and storage pattern, a line segment or series of line segments as aggregated by the railroad carrier. Within a railroad carrier selected route, the commodity data shall identify the geographic location of the route and storage pattern and the total number of shipments by United Nations identification number for security sensitive material and storage patterns along the route. (d) Rail Transportation Route and Storage Pattern Analysis for Security Sensitive Material.--For each calendar year, a railroad carrier that transports security sensitive material shall submit to the Secretary a written analysis of the security risks for the transportation routes and storage patterns identified in the commodity data collected as required by subsection (c). The analysis shall include the security risks present for the route, railroad facilities, railroad storage facilities, private storage facilities, and areas of concern along or in proximity to the route. (e) Alternative Route and Storage Pattern Analysis for Security Sensitive Material.-- (1) In general.--Before the last day of each calendar year, a railroad carrier that transports security sensitive material shall submit to the Secretary of Transportation a report containing-- (A) a description of any practical alternative routes and storage patterns that avoid areas of concern for each of the transportation routes or facilities such carrier used to transport or store security sensitive material through or near areas of concern during such calendar year; (B) a security risk assessment of each alternative route and storage pattern that includes the information required under subsection (d); and (C) a comparison of the risks identified under subparagraph (B) to the applicable primary rail transportation route and storage pattern analyzed under subsection (d). (2) Considerations.--A railroad carrier shall consider the availability of interchange agreements or systems of tracks and facilities owned by other operators when determining whether an alternate route for transporting security sensitive material to avoid areas of concern is practical pursuant to paragraph (1)(A). (3) Impractical alternative route or storage facility.--A railroad carrier may consider an alternate route or storage facility that avoids an area of concern to not be a practical alternative route and storage pattern under paragraph (1)(A) if-- (A) the shipment originates in or is destined for the area of concern; or (B) there would be no harm beyond the property of the railroad carrier transporting the shipment or storage facility storing the shipment in the event of a successful terrorist attack on the shipment. (f) Alternative Route and Storage Pattern Selection for Security Sensitive Material.--Not later than 90 days after submission of a report under subsection (e), the railroad carrier shall begin using the route and storage pattern that, as determined by the analyses required under subsections (d) and (e), best reduces the risk, including consequences, of a terrorist attack on, or derailment of, a shipment of security sensitive material that is transported through or near an area of concern. (g) Review.--Not less than once every 5 years, each railroad carrier that transports security sensitive material shall conduct a comprehensive, system-wide review of all operational changes, infrastructure modifications, traffic adjustments, changes in the nature of the areas of concern located along or in proximity to the route, or other changes affecting the security of the movements of the materials determined to be security sensitive under subsection (b) that were implemented during the 5-year period. (h) Definitions.--In this section, the following definitions apply: (1) Area of concern.--The term ``area of concern'' means a geographic region designated by the Secretary of Transportation as commanding special consideration with respect to the security of the transportation of security sensitive material, which shall include high threat urban areas as determined by the Secretary. (2) Railroad carrier.--The term ``railroad carrier'' has the meaning given that term in section 20102 of title 49, United States Code. (3) Security sensitive material.--The term ``security sensitive material'' means a material determined by the Secretary of Transportation to be security sensitive pursuant to subsection (b). (4) Storage pattern.--The term ``storage pattern'' means the conditions of storage, including-- (A) location of cars in railroad yards or on railroad-controlled leased tracks; (B) type of storage, such as bulk transfer; (C) typical types and numbers of security sensitive material cars stored in close proximity (in ranges); (D) population density; (E) average length of time cars are stored, attended or unattended; and (F) security measures present, including physical security measures, secure handoffs and nearest available safe havens for storage in case of heightened threat conditions. (5) Terrorism.--The term ``terrorism'' has the meaning given that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).

Save Our Communities from Risky Trains Act of 2016 This bill directs the Department of Transportation (DOT) to issue regulations to require enhanced security measures for shipments of security sensitive material. DOT shall designate a material, or a group or class of material, as security sensitive if it determines that transporting such material in commerce poses a significant risk to national security due to its potential use in an act of terrorism. Each railroad carrier transporting security sensitive material shall: compile material route and storage pattern information, and submit to DOT a written rail transportation route and storage pattern security risk analysis and an alternative route and storage pattern analysis. Railroad carriers shall use the route and storage pattern that, based on the analyses, best reduces the risk, including consequences, of a terrorist attack on, or derailment of, a shipment of security sensitive material transported through or near an area of concern (i.e., urban areas). Each railroad carrier shall review once every five years any changes affecting the security movements of such material.

Save Our Communities from Risky Trains Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deposit Insurance Fairness and Economic Opportunity Act''. SEC. 2. USE OF EXCESS DEPOSIT FUND RESERVES TO PAY FICO INTEREST OBLIGATIONS AND MAKE REBATES. (a) In General.--Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)) is amended-- (1) by inserting after subparagraph (C) the following new subparagraph: ``(D) Use of excess deposit insurance funds initially to pay fico interest obligations and then for other purposes.--Notwithstanding subsection (e)(2), beginning January 1, 2002, and annually thereafter, the Board of Directors shall, when amounts in both the Bank Insurance Fund and the Savings Association Insurance Fund, respectively, exceed the amount which is equal to 1.40 percent of the estimated insured deposits insured by such Fund (or such higher percentage as may have been established as the designated reserve ratio for the respective Fund pursuant to subparagraph (A)(iv)(II)) transfer from such Funds the amounts in excess of the amount that is equal to that percentage of estimated insured deposits as follows: ``(i) Years 2002 through 2017.--In years 2002 through 2017, to the Financing Corporation in such amount as is necessary to pay, for such year, the interest payments, issuance costs, and custodial fees described in section 21(f) of the Federal Home Loan Bank Act with regard to obligations issued by the Financing Corporation. ``(ii) Years after 2017.--In years beginning after December 31, 2017-- ``(I) to the Financing Corporation for the purposes described in clause (i); and ``(II) if the amount required to be transferred under this subparagraph exceeds the amount required by the Financing Corporation for the purposes described in clause (i), to insured depository institutions, the allocation of which to be made on such basis as the Board of Directors determines to be appropriate, taking into account the factors considered under the risk-based assessment system.''; and (2) by adding at the end the following new subparagraph: ``(I) Payment limitation for certain institutions.--No amount may be paid under subparagraph (D)(ii)(II) to any insured depository institution described in clause (v) of subsection (b)(2)(A).''. (b) Technical and Conforming Amendments.-- (1) Section 21(f) of the Federal Home Loan Bank Act (12 U.S.C. 1441) is amended-- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (B) by inserting after paragraph (1) the following new paragraph: ``(2) Excess deposit insurance fund balances.--In addition to the amounts obtained pursuant to paragraph (1), the Financing Corporation shall have available the amounts transferred by the Board of Directors of the Federal Deposit Insurance Corporation pursuant to section 7(b)(2)(D) of the Federal Deposit Insurance Act.''; (C) in paragraph (3) (as so redesignated by paragraph (2) of this subsection), by striking ``In addition to the amounts obtained pursuant to paragraph (1),'' and inserting ``To the extent the amounts available under paragraphs (1) and (2) are insufficient to cover the amount of interest payments, issuance costs, and custodial fees,''; and (D) in paragraph (4) (as so redesignated by paragraph (2) of this subsection), by striking ``(1) and (2)'' and inserting ``(1), (2), and (3)''. (2) Section 2703(c)(2) of the Deposit Insurance Funds Act of 1996 (12 U.S.C. 1441 nt.) is amended-- (A) by striking ``21(f)(2)'' and inserting ``21(f)(3)''; and (B) by inserting ``and redesignated by section 2(b)(1)(A) of the Deposit Insurance Fairness and Economic Opportunity Act'' after ``as amended by subsection (a)''.

Deposit Insurance Fairness and Economic Opportunity Act - Amends the Federal Deposit Insurance Act to set forth a schedule under which the Board of Directors of the Federal Deposit Insurance Corporation shall transfer annually to the Financing Corporation (FICO), for payment of FICO interest obligations, such amounts as exceed 1.40 percent of the total estimated deposits insured by the Bank Insurance Fund and the Savings Association Insurance Fund, respectively, when amounts in both Funds exceed that percentage.

To amend the Federal Deposit Insurance Act and the Federal Home Loan Bank Act to provide for the payment of Financing Corporation interest obligations from balances in the deposit insurance funds in excess of an established ratio and, after such obligations are satisfied, to provide for rebates to insured depository institutions of such excess reserves.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast Housing Accessibility Act of 2006''. SEC. 2. PROJECT-BASED VOUCHERS. (a) In General.--The Secretary of Housing and Urban Development (in this Act referred to as the ``Secretary'') shall allocate additional assistance for project-based housing vouchers under section 8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) for individuals and households located within the area in which assistance to individuals has been authorized by the President under a declaration of a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as a consequence of Hurricane Katrina, Rita, or Wilma of 2005. (b) Authorized Uses.--The Secretary shall make funds available under this section for project-based vouchers used to support-- (1) affordable housing in repaired or rebuilt housing that has been damaged or destroyed as a consequence of Hurricane Katrina, Rita, or Wilma of 2005; or (2) to support affordable housing in new housing structures in the affected areas created under the low income housing tax credit under section 42 or section 1400N(c) of the Internal Revenue Code of 1986. (c) Funds.-- (1) In general.--Of amounts authorized under this section, funds shall be made available for 4,500 project-based vouchers for-- (A) support of housing units for persons, including adults and children, with disabilities; (B) elderly families; and (C) individuals and families who were homeless prior to the occurrence of the disaster. (2) Definitions.--As used in this subsection: (A) Disability.--The term ``disability'' has the same meaning as in section 422(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11382(2)). (B) Homeless.--The term ``homeless'' has the same meaning as the term ``homeless children and youths'' as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), except that such term shall also include any adult individual who is homeless. (d) Requests for Assistance.--The Secretary shall award the project-based vouchers authorized under this section to a State agency designated by the Governor of the State, upon submission of a request to the Secretary, in such form and containing such information as the Secretary may require. If a State agency is unable to provide such a request, a local housing agency may submit the request for funds to implement project-based vouchers under this section. If a State agency enters into an agreement with 1 or more local housing agencies to transfer the administration of vouchers after commitment to a particular development, the Secretary shall make the appropriate transfer. (e) Exemption From Certain Limitations.--The limitation provided for in section 8(o)(13)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(B)) shall not apply to the project-based vouchers allocated and administered under this section. (f) Authorization of Funds.-- (1) In general.--There are authorized to be appropriated to the Secretary $200,000,000 for purposes of allocating and administering project-based assistance under section 8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)), which shall remain available until expended. (2) Purpose.--Such funds are authorized for the purpose of ensuring that 25 percent of the units created, repaired, or refurbished under the low income housing tax credit under section 42 or section 1400N(c) of the Internal Revenue Code of 1986, are affordable to very low-income and extremely low- income individuals and households. (g) Effective Date.--This section shall become effective upon appropriation of the necessary funds to carry out this section. (h) Offset.--Section 843(a) of title 18, United states Code, is amended by-- (1) inserting ``(1)'' after ``(a)''; and (2) adding at the end the following: ``(2) The Attorney General shall collect a user fee from each licensee under this section of $0.02 per pound for any commercial, non- military explosive material manufactured in or imported into the United States by that licensee.''. SEC. 3. FEMA HOUSING ASSISTANCE. (a) Amendments to Stafford Disaster Relief and Emergency Assistance Act.--Section 408(c)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)) is amended-- (1) in the paragraph heading, by inserting ``semipermanent, and permanent'' after ``temporary''; and (2) in subparagraph (B) (A) in clause (i)-- (i) by inserting ``semipermanent, and permanent'' after ``temporary''; and (ii) by inserting ``subject to certain conditions outlined below'' after ``units''; (B) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (C) by inserting after clause (i) the following: ``(ii) Conditions for providing temporary, semipermanent, and permanent housing units.-- ``(I) In general.--When determining whether to provide temporary, semipermanent, or permanent housing under clause (i), the President shall examine certain conditions, including-- ``(aa) the relative cost efficiency of providing the housing units; ``(bb) the likelihood that individuals and families will be living in Federal Emergency Management Agency (in this subparagraph referred to as `FEMA') assisted housing longer than 3 to 6 months, due to the scope of the disaster where individuals and households are located; ``(cc) the potential benefits of providing housing that will help to restore permanent housing stock lost as a result of the disaster; and ``(dd) any other conditions that the President deems necessary to examine, depending on the scope of the disaster and the subsequent rebuilding and recovery process. ``(II) Meeting needs.--When providing temporary, semipermanent, or permanent housing units under clause (i), the President shall ensure that-- ``(aa) an adequate share of the housing units will be deployed to meet the needs of predisaster renters, especially low-income households; ``(bb) that the deployment of the housing units will minimize the concentration of poverty; ``(cc) that an adequate share of the housing units is accessible for persons with disabilities, as that term is defined in section 422(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11382(2)); and ``(dd) the housing units will be placed within a reasonable distance from needed services, such as access to transportation, employment opportunities, health care facilities, schools, day care services, and financial and employment counseling.''. (b) Effective Date.--This section and the amendments made by this section shall apply with respect to individuals and households affected-- (1) by a disaster to which section 408(c)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)) would otherwise apply, occurring on or after the date of enactment of this Act; and (2) by the consequences of Hurricanes Katrina, Rita, and Wilma of 2005. SEC. 4. TRANSFER OF TEMPORARY RENTAL ASSISTANCE. (a) In General.--The Director of the Federal Emergency Management Agency (in this section referred to as the ``Director'' and ``FEMA'', respectively) shall enter into a mission assignment with the Secretary to transfer adequate funds from FEMA Disaster Relief Funds into the Disaster Voucher Program at the Department of Housing and Urban Development in order to fully implement subsection (b). (b) Transfers.--The Director shall ensure that the following individuals and households are transferred into the Disaster Voucher Program: (1) Individuals and households receiving assistance through FEMA's transitional housing program authorized under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) . (2) Individuals and households receiving assistance through-- (A) rental assistance programs administered through State and local voucher programs that receive reimbursement from FEMA; or (B) any other program authorized under section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b). (c) State and Local Governments.--FEMA shall work with State and local governments, as well as private entities providing services, to ensure that proper notice and assistance is provided to individuals and households, while the transfer under this section is completed. (d) Opt-Out Provision.--Individuals and families receiving FEMA housing assistance under subsection (b) may opt-out of the transfer to the Disaster Voucher Program authorized in subsection (a). (e) Applicability.--This section shall apply with respect to individuals and households affected-- (1) by a disaster occurring on or after the date of enactment of this Act; and (2) by the consequences of Hurricanes Katrina, Rita, and Wilma of 2005.

Gulf Coast Housing Accessibility Act of 2006 - Directs the Secretary of Housing and Urban Development to allocate additional assistance for project-based housing vouchers for individuals and households located within the disaster areas of Hurricane Katrina, Rita, or Wilma of 2005. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to set forth conditions for providing permanent and semipermanent housing units. Instructs the Director of the Federal Emergency Management Agency (FEMA) to: (1) enter into a mission assignment with the Secretary for a transfer of FEMA Disaster Relief Funds into the Disaster Voucher Program at the Department of Housing and Urban Development; and (2) transfer into the Disaster Voucher Program individuals and households receiving transitional housing, rental, or other related assistance. Permits such individuals and families to opt-out of such a transfer.

A bill to enhance housing and emergency assistance to victims of Hurricanes Katrina, Rita, and Wilma of 2005, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Commemoration Act of 2000''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The United States is indebted to those who served this nation in times of war. (2) The United States must meet its obligations to veterans. (3) The Congress has the responsibility to fulfill those obligations to veterans. (4) The Congress recognizes the unique service that the Disabled American Veterans' transportation program provides to veterans. (5) The Congress would like to offer the opportunity for all persons to voluntarily participate in raising funds for the transportation of veterans to and from veterans' hospitals. (6) The Congress understands the importance of Executive Order Numbered 5398, signed by President Herbert Hoover on July 21, 1930, which created the Veterans Administration at a time when there were 54 hospitals, 4,700,000 living veterans, and 31,600 employees. (7) It is appropriate to authorize coins commemorating the service of veterans of the Armed Forces of the United States and provide for the use of the proceeds of surcharges imposed on the sale of the coins to fund the transportation of veterans to and from hospitals administered by the Secretary of Veterans Affairs. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.-- (1) Designations.--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 to commemorate veterans of the United States Armed Services. (2) Size, weight, and composition.--Each coin issued under paragraph (1) shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) 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.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. SOURCES OF BULLION. The Secretary may obtain silver for minting coins under this Act from any available source, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of each coin minted under this Act shall be emblematic of the service of veterans of the Armed Forces of the United States. (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 ``2005''; 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 Disabled American Veterans and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. 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) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2005. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2005. SEC. 7. 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 8(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. 8. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge of $10. (b) Distribution.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary, in accordance with section 5134(f)(1) of title 31, United States Code, to the Disabled American Veterans for the purpose of funding the transportation of veterans to and from hospitals administered by the Secretary of Veterans Affairs. (c) Audits.--The Disabled American Veterans shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.

Mandates that the proceeds from sale surcharges be paid promptly to the Disabled American Veterans to fund the transportation of veterans to and from hospitals administered by the Secretary of Veterans Affairs.

Veterans Commemoration Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sports Medicine Licensure Clarity Act of 2016''. SEC. 2. PROTECTIONS FOR COVERED SPORTS MEDICINE PROFESSIONALS. (a) In General.--In the case of a covered sports medicine professional who has in effect medical professional liability insurance coverage and provides in a secondary State covered medical services that are within the scope of practice of such professional in the primary State to an athlete or an athletic team (or a staff member of such an athlete or athletic team) pursuant to an agreement described in subsection (b)(4) with respect to such athlete or athletic team-- (1) such medical professional liability insurance coverage shall cover (subject to any related premium adjustments) such professional with respect to such covered medical services provided by the professional in the secondary State to such an individual or team as if such services were provided by such professional in the primary State to such an individual or team; and (2) to the extent such professional is licensed under the requirements of the primary State to provide such services to such an individual or team, the professional shall be treated as satisfying any licensure requirements of the secondary State to provide such services to such an individual or team. (b) Definitions.--In this Act, the following definitions apply: (1) Athlete.--The term ``athlete'' means-- (A) an individual participating in a sporting event or activity for which the individual may be paid; (B) an individual participating in a sporting event or activity sponsored or sanctioned by a national governing body; or (C) an individual for whom a high school or institution of higher education provides a covered sports medicine professional. (2) Athletic team.--The term ``athletic team'' means a sports team-- (A) composed of individuals who are paid to participate on the team; (B) composed of individuals who are participating in a sporting event or activity sponsored or sanctioned by a national governing body; or (C) for which a high school or an institution of higher education provides a covered sports medicine professional. (3) Covered medical services.--The term ``covered medical services'' means general medical care, emergency medical care, athletic training, or physical therapy services. Such term does not include care provided by a covered sports medicine professional-- (A) at a health care facility; or (B) while a health care provider licensed to practice in the secondary State is transporting the injured individual to a health care facility. (4) Covered sports medicine professional.--The term ``covered sports medicine professional'' means a physician, athletic trainer, or other health care professional who-- (A) is licensed to practice in the primary State; (B) provides covered medical services, pursuant to a written agreement with an athlete, an athletic team, a national governing body, a high school, or an institution of higher education; and (C) prior to providing the covered medical services described in subparagraph (B), has disclosed the nature and extent of such services to the entity that provides the professional with liability insurance in the primary State. (5) Health care facility.--The term ``health care facility'' means a facility in which medical care, diagnosis, or treatment is provided on an inpatient or outpatient basis. Such term does not include facilities at an arena, stadium, or practice facility, or temporary facilities existing for events where athletes or athletic teams may compete. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (7) National governing body.--The term ``national governing body'' has the meaning given such term in section 220501 of title 36, United States Code. (8) Primary state.--The term ``primary State'' means, with respect to a covered sports medicine professional, the State in which-- (A) the covered sports medicine professional is licensed to practice; and (B) the majority of the covered sports medicine professional's practice is underwritten for medical professional liability insurance coverage. (9) Secondary state.--The term ``secondary State'' means, with respect to a covered sports medicine professional, any State that is not the primary State. (10) State.--The term ``State'' means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States. Passed the House of Representatives September 12, 2016. Attest: KAREN L. HAAS, Clerk.

Sports Medicine Licensure Clarity Act of 2016 (Sec. 2) This bill extends the liability insurance coverage of a state-licensed medical professional to another state when the professional provides medical services to an athlete, athletic team, or team staff member pursuant to a written agreement. Prior to providing such services, the medical professional must disclose the nature and extent of the services to the insurer. This extension of coverage does not apply at a health care facility or while a medical professional licensed in the state is transporting the injured individual to a health care facility.

Sports Medicine Licensure Clarity Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Highway Chokepoint Congestion Relief Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2007, traffic congestion in the top 437 urban areas resulted in major chokepoints and bottlenecks, causing Americans to lose 4.2 billion hours and 2.9 billion gallons of fuel sitting in traffic jams. (2) At the most traffic congested chokepoints, each rush hour traveler ``pays'' an annual virtual congestion tax of between $600 and $1,600 in lost time and fuel and spends the equivalent of almost eight work days each year stuck in traffic. (3) Traffic congestion threatens business productivity through the loss of efficient delivery cycles, the need for increased inventory, and the cost of congestion-related fuel emissions. (4) Traffic congestion causes highway crashes that can kill drivers, their passengers and other motorists. As highway crowding grows and motorists jockey for position at exits and entryways, the potential for highway crashes increases. (5) Traffic congestion chokepoints hinder the Nation's progress in improving air quality. Vehicles caught in stop-and- go traffic emit far more pollutants, particularly carbon monoxide and volatile organic compounds, than they do when operating without frequent braking and acceleration. (6) In the largest cities of the Nation, highway congestion impacts 67 percent of travel, lasts seven hours per day in duration, and increases by 37 percent the length of the average rush hour driver's trip. (7) Traffic congestion is no longer simply a problem in the central areas of large cities. In fact, the rate of congestion has increased dramatically in medium-sized cities and suburban areas. (8) In a 2005 National League of Cities survey, traffic congestion led all other categories, including education and healthcare, when respondents were asked to identify the most deteriorated conditions in their cities over the last five years. (9) In December 2007, the National Surface Transportation Policy and Revenue Study Commission noted that certain chokepoints impede national and regional movements and recommended that a distinct program be established to fund projects that reduce traffic congestion. SEC. 3. CHOKEPOINT CONGESTION RELIEF PROGRAM. Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue regulations that establish a chokepoint congestion relief program pursuant to the requirements of this Act. SEC. 4. NATIONAL CHOKEPOINT REGIONS. Not later than 180 days after the date of enactment of this Act, the Secretary shall develop criteria for designating national chokepoint regions in a State, or more than one State if the States are contiguous, based on factors, including-- (1) daily vehicle-miles of travel; (2) estimates of annual hours of delay per traveler; (3) comparisons of peak period travel time to free-flow travel time (travel time index); (4) percentage of trucks in traffic stream; (5) estimates of wasted fuel per traveler; (6) estimates of extra costs due to travel delay and fuel consumption; (7) percentage of daily travel in congested conditions; (8) proximity to shipping ports, airports, commuter rail, tourist destinations, and freight transportation corridors; (9) estimates of incident-related travel delay, including roadside distractions and ``rubbernecking''; (10) abrupt changes in highway alignment such as sharp curves and hills; (11) intended interruption to highway flow such as tollbooths and freeway ramp meters; and (12) vehicle merging maneuvers such as ``lanedrop,'' lane- blocking incidents, ``weaving areas'', freeway on-ramps, and freeway-to-freeway interchanges. SEC. 5. GRANT PROGRAM. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary may make a grant for capital improvements under this Act to a State department of transportation having jurisdiction over an area within a national chokepoint region. (b) Secretarial Approval.--A grant may only be made under this Act for an eligible project described in section 7. (c) Coordination With Existing Programs.--The Secretary shall coordinate the chokepoint congestion relief program with existing programs, including the corridors of the future program. (d) Construction Standards.--A project to be carried out with assistance under this Act that is for a highway that is on a Federal- aid system (as defined in section 101 of title 23, United States Code) shall be constructed to the same standards that would apply if such project was being carried out with assistance under chapter 1 of title 23, United States Code. (e) Federal Share.-- (1) In general.--The Federal share of the cost of an eligible project for which a grant is made under this Act shall be 80 percent. (2) Non-federal share.--The non-Federal share of the cost of an eligible project for which a grant is made under this Act may not be provided from Federal funds made available under any other law. SEC. 6. APPORTIONMENT OF FUNDS. (a) In General.--The Secretary is authorized to carry out the chokepoint congestion relief program described in section 5 by apportioning amounts to State departments of transportation, in the form of capital improvement grants, for carrying out eligible projects in the national chokepoint regions. (b) Formula for Apportionment.--The Secretary shall develop a formula for apportioning amounts to eligible projects in national chokepoint regions based on-- (1) estimates of annual hours of delay per traveler; (2) daily vehicle-miles of travel on Federal-aid highways; and (3) comparisons of peak period travel time to free-flow travel time (travel time index). (c) Apportionments to More Than One State.--If a national chokepoint region is within the boundaries of more than one State, the Secretary shall apportion the funds apportioned under subsection (a) for carrying out eligible projects in such national chokepoint regions among such States as follows: (1) 50 percent of the apportionment in the ratio that-- (A) the total lane miles of Federal-aid highways in the national chokepoint region in each of such States; bears to (B) the total lane miles of Federal-aid highways in the national chokepoint region in all of such States. (2) 50 percent of the apportionments in the ratio that-- (A) the total vehicle miles traveled on lanes on Federal-aid highways in the national chokepoint region in each of such States; bears to (B) the total vehicle miles traveled on lanes on Federal-aid highways in the national chokepoint region in all of such States. (d) Period of Availability.--Amounts granted to a State department of transportation for carrying out an eligible project, from amounts apportioned under this subsection, shall remain available for obligation for a period of 6 years after the last day of the fiscal year for which the funds are authorized to be appropriated. Any amounts so apportioned that remain unobligated at the end of such period shall be allocated to other States for the purpose of funding eligible projects located in national chokepoint regions at the discretion of the Secretary. SEC. 7. PROJECT SELECTION AND ELIGIBILITY. (a) Selection Process Guidelines.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue project selection guidelines for a State department of transportation to follow in selecting eligible projects for which grants may be made under this Act. (b) Minimum Requirements.--The selection guidelines issued by the Secretary pursuant to subsection (a) shall include a requirement that a State department of transportation-- (1) consult with local governments, port authorities, and regional planning organizations during the project selection process; (2) adhere to applicable metropolitan and statewide planning processes, including sections 134 and 135 of title 23, United States Code, in selecting projects for which grants may be made under this Act; (3) develop and implement a selection process that is in writing and available to the public; (4) develop and implement a process for rating proposed projects for which grants may be made under this Act; and (5) identify the basis for rating projects under paragraph (4). SEC. 8. DEFINITIONS. In this Act, the following definitions apply: (1) Eligible project.--The term ``eligible project'' means a project or activity eligible for assistance under chapter 1 of title 23, United States Code. (2) Federal-aid highway.--The term ``Federal-aid highway'' has the meaning such term has under section 101 of title 23, United States Code. (3) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (4) State.--The term ``State'' means any of the 50 States, the District of Columbia, and Puerto Rico. (5) State department of transportation.--The term ``State department of transportation'' has the meaning such term has under section 101 of title 23, United States Code. SEC. 9. SENSE OF CONGRESS REGARDING PERFORMANCE MEASURES AND QUANTITATIVE GOALS FOR STATE DOTS. It is the sense of Congress that-- (1) States should adopt both interim and long-term objectives for significantly reducing traffic congestion at chokepoint areas within each State; and (2) establishing performance measures and quantitative goals will allow State departments of transportation to use available resources as efficiently as possible on projects that have the maximum impact in reducing traffic congestion and improving mobility. SEC. 10. SENSE OF CONGRESS ON NONAUTOMOTIVE TRAVEL MODES, TRAVEL DEMAND MANAGEMENT, GROWTH MANAGEMENT STRATEGIES, AND GREEN INFRASTRUCTURE. It is the sense of Congress that alleviating traffic congestion requires that the House of Representatives and the Senate commit to authorizing and funding-- (1) nonautomotive modes of travel, including intercity passenger rail, commuter rail, light rail, heavy rail, bus transit, and bikeways; (2) travel demand management strategies, including ridesharing, dedicated highway lanes for high occupancy vehicles, staggered work hour initiatives, and telecommuting; (3) growth management and land use strategies; and (4) strategies that promote the inclusion of trees and green infrastructure along transportation corridors, which has been shown to reduce air pollution by removing airborne contaminants and to reduce congestion by calming traffic and creating safer roadways. SEC. 11. RITA STUDY OF CONGESTION PRICING. Not later than 1 year after the date of enactment of this Act, the Administrator of the Research and Innovative Technology Administration, through the Volpe National Transportation Systems Center, shall-- (1) study the extent to which congestion pricing can provide an incentive for travelers to drive during off-peak hours or to change their mode of transportation for time- sensitive journeys; (2) study the potential for congestion pricing to generate revenue and thus require less tax-based funding; (3) study foreign congestion pricing practices, such as those utilized in London, England, and Stockholm, Sweden, and the cost and feasibility of implementing selected best practices in the United States; and (4) report the results of the study to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated from the Highway Trust Fund such sums as may be necessary to carry out this Act for fiscal years 2010 through 2015.

National Highway Chokepoint Congestion Relief Act - Directs the Secretary of Transportation to: (1) issue regulations to establish a chokepoint congestion relief program; and (2) develop criteria for designating national chokepoint regions in a state. Authorizes the Secretary to make capital improvement grants to states in order to carry out eligible projects that reduce traffic congestion in the national chokepoint regions. Sets forth a formula for the apportioning of grant funds. Expresses the sense of Congress that: (1) states should adopt both interim and long-term objectives for significantly reducing traffic congestion at chokepoint areas; (2) establishment of performance measures and quantitative goals will allow states to make efficient use of available resources on projects that have the maximum impact in reducing traffic congestion and improving mobility at chokepoint areas; and (3) alleviation of traffic congestion requires Congress to commit to authorizing and funding nonautomotive travel modes as well as travel demand management, growth management, land use, and green infrastructure strategies. Requires the Administrator of the Research and Innovative Technology Administration (RITA), through the Volpe National Transportation Systems Center, to study and report to specified congressional committees on the extent to which congestion pricing (including that utilized in London, England, and Stockholm, Sweden) can encourage travelers to drive during off-peak hours, or change their mode of transportation, and can also generate revenue and thus require less tax-based funding.

To relieve traffic congestion.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Psychiatric Hospital Prospective Payment System Act of 1998''. SEC. 2. MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR PSYCHIATRIC FACILITIES. (a) Establishment of Prospective Payment System.--Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following: ``(l) Prospective Payment System for Inpatient Psychiatric Services.-- ``(1) Amount of payment.-- ``(A) During transition period.--Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility (as defined in paragraph (7)(C)) for each day of services furnished in a cost reporting period beginning on or after October 1, 2000, and before October 1, 2003, is equal to the sum of-- ``(i) the TEFRA percentage (as defined in paragraph (7)(D)) of the facility-specific per diem rate (determined under paragraph (2)); and ``(ii) the PPS percentage (as defined in paragraph (7)(B)) of the applicable Federal per diem rate (determined under paragraph (3)). ``(B) Under fully implemented system.-- Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility for each day of services furnished in a cost reporting period beginning on or after October 1, 2003, is equal to the applicable Federal per diem rate determined under paragraph (3) for the facility for the fiscal year in which the day of services occurs. ``(C) New facilities.--In the case of a psychiatric facility that does not have a base fiscal year (as defined in paragraph (7)(A)), payment for the operating and capital-related costs of inpatient hospital services shall be made under this subsection using the applicable Federal per diem rate. ``(2) Determination of facility-specific per diem rates.-- ``(A) Base year.--The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period (if any) beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. ``(B) Updating.--The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period after the cost reporting period beginning in the base fiscal year and before October 1, 2003, by a factor equal to the market basket percentage increase. ``(3) Determination of the federal per diem rate.-- ``(A) Base year.--The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period (if any) beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. ``(B) Updating to first fiscal year.--The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period up to the first cost reporting period to which this subsection applies by a factor equal to the market basket percentage increase. ``(C) Computation of standardized per diem rate.-- The Secretary shall standardize the amount determined under subparagraph (B) for each facility by-- ``(i) adjusting for variations among facilities by area in the average facility wage level per diem; and ``(ii) adjusting for variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)). ``(D) Computation of weighted average per diem rates.-- ``(i) Separate rates for urban and rural areas.--Based on the standardized amounts determined under subparagraph (C) for each facility, the Secretary shall compute a separate weighted average per diem rate-- ``(I) for all psychiatric facilities located in an urban area (as defined in subsection (d)(2)(D)); and ``(II) for all psychiatric facilities located in a rural area (as defined in subsection (d)(2)(D)). ``(ii) For hospitals and units.--Subject to paragraph (7)(C), in the areas referred to in clause (i) the Secretary may compute a separate weighted average per diem rate for-- ``(I) psychiatric hospitals; and ``(II) psychiatric units described in the matter following clause (v) of subsection (d)(1)(B). If the Secretary establishes separate average weighted per diem rates under this clause, the Secretary shall also establish separate average per diem rates for facilities in such categories that are owned and operated by an agency or instrumentality of Federal, State, or local government and for facilities other than such facilities. ``(iii) Weighted average.--In computing the weighted averages under clauses (i) and (ii), the standardized per diem amount for each facility shall be weighted for each facility by the number of days of inpatient hospital services furnished during its cost reporting period beginning in the base fiscal year. ``(E) Updating.--The weighted average per diem rates determined under subparagraph (D) shall be updated for each fiscal year after the first fiscal year to which this subsection applies by a factor equal to the market basket percentage increase. ``(F) Determination of federal per diem rate.-- ``(i) In general.--The Secretary shall compute for each psychiatric facility for each fiscal year (beginning with fiscal year 2001) a Federal per diem rate equal to the applicable weighted average per diem rate determined under subparagraph (E), adjusted for-- ``(I) variations among facilities by area in the average facility wage level per diem; ``(II) variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)); and ``(III) variations among facilities in the proportion of low-income patients served by the facility. ``(ii) Other adjustments.--In computing the Federal per diem rates under this subparagraph, the Secretary may adjust for outlier cases, the indirect costs of medical education, and such other factors as the Secretary determines to be appropriate. ``(iii) Budget neutrality.--The adjustments specified in clauses (i)(I), (i)(III), and (ii) shall be implemented in a manner that does not result in aggregate payments under this subsection that are greater or less than those aggregate payments that otherwise would have been made if such adjustments did not apply. ``(4) Establishment of patient classification system.-- ``(A) In general.--The Secretary shall establish-- ``(i) classes of patients of psychiatric facilities (in this paragraph referred to as `case mix groups'), based on such factors as the Secretary determines to be appropriate; and ``(ii) a method of classifying specific patients in psychiatric facilities within these groups. ``(B) Weighting factors.--For each case mix group, the Secretary shall assign an appropriate weighting factor that reflects the relative facility resources used with respect to patients classified within that group compared to patients classified within other such groups. ``(5) Data collection; utilization monitoring.-- ``(A) Data collection.--The Secretary may require psychiatric facilities to submit such data as is necessary to implement the system established under this subsection. ``(B) Utilization monitoring.--The Secretary shall monitor changes in the utilization of inpatient hospital services furnished by psychiatric facilities under the system established under this subsection and report to the appropriate committees of Congress on such changes, together with recommendations for legislation (if any) that is needed to address unwarranted changes in such utilization. ``(6) Special adjustments.--Notwithstanding the preceding provisions of this subsection, the Secretary shall reduce aggregate payment amounts that would otherwise be payable under this subsection for inpatient hospital services furnished by a psychiatric facility during cost reporting periods beginning in fiscal years 2001 and 2002 by such uniform percentage as is necessary to assure that payments under this subsection for such cost reporting periods are reduced by an amount that is equal to the sum of-- ``(A) the aggregate increase in payments under this title during fiscal years 1998, 1999, and 2000, that is attributable to the operation of subsection (b)(8); and ``(B) the aggregate increase in payments under this title during fiscal years 2001 and 2002 that is attributable to the application of the market basket percentage increase under paragraphs (2)(B) and (3)(E) of this subsection in lieu of the provisions of subclauses (VI) and (VII) of subsection (b)(3)(B)(ii). Reductions under this paragraph shall not affect computation of the amounts payable under this subsection for cost reporting periods beginning in fiscal years after fiscal year 2002. ``(7) Definitions.--For purposes of this subsection: ``(A) The term `base fiscal year' means, with respect to a hospital, the most recent fiscal year ending before the date of the enactment of this subsection for which audited cost report data are available. ``(B) The term `PPS percentage' means-- ``(i) with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 25 percent; ``(ii) with respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent; and ``(iii) with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 75 percent. ``(C) The term `psychiatric facility' means-- ``(i) a psychiatric hospital; and ``(ii) a psychiatric unit described in the matter following clause (v) of subsection (d)(1)(B). ``(D) The term `TEFRA percentage' means-- ``(i) with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 75 percent; ``(ii) with respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent; and ``(iii) with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 25 percent.''. (b) Limit on Reductions Under Balanced Budget Act.--Section 1886(b) of the Social Security Act (42 U.S.C. 1395ww(b)) is amended by adding at the end the following: ``(8)(A) Notwithstanding the amendments made by sections 4411, 4414, 4415, and 4416 of the Balanced Budget Act of 1997, in the case of a psychiatric facility (as defined in subparagraph (B)(ii)), the amount of payment for the operating costs of inpatient hospital services for cost reporting periods beginning on or after October 1, 1997, and before October 1, 2000, shall not be less than the applicable percentage (as defined in subparagraph (B)(i)) of the amount that would have been paid for such costs if such amendments did not apply. ``(B) For purposes of this paragraph: ``(i) The term `applicable percentage' means-- ``(I) 95 percent for cost reporting periods beginning on or after October 1, 1997, and before October 1, 1998; ``(II) 92.5 percent for cost reporting periods beginning on or after October 1, 1998, and before October 1, 1999; and ``(III) 90 percent for cost reporting periods beginning on or after October 1, 1999, and before October 1, 2000. ``(ii) The term `psychiatric facility' means-- ``(I) a psychiatric hospital; and ``(II) a psychiatric unit described in the matter following clause (v) of subsection (d)(1)(B).''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply as if included in the enactment of the Balanced Budget Act of 1997.

Medicare Psychiatric Hospital Prospective Payment System Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide for a prospective payment system for inpatient psychiatric facility hospital services; and (2) exempt such services from certain reductions under the Balanced Budget Act of 1997 and, instead, limit payment to not less than a certain applicable percentage of the amount that would have been paid if such reductions did not apply.

Medicare Psychiatric Hospital Prospective Payment System Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mount Stevens and Ted Stevens Icefield Designation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Theodore ``Ted'' Fulton Stevens, who began serving in the Senate 9 years after Alaska was admitted to Statehood, represented the people of the State of Alaska with distinction in the Senate for over 40 years from 1968 to 2009 and played a significant role in the transformation of the State of Alaska from an impoverished territory to a full-fledged State through the assistance he provided in building energy facilities, hospitals and clinics, roads, docks, airports, water and sewer facilities, schools, and other community facilities in the State of Alaska, which earned him recognition as ``Alaskan of the Century'' from the Alaska Legislature in 2000; (2) Ted Stevens distinguished himself as a transport pilot during World War II in support of the ``Flying Tigers'' of the United States Army Air Corps, 14th Air Force, earning 2 Distinguished Flying Crosses and other decorations for his skill and bravery; (3) Ted Stevens, after serving as a United States Attorney in the territory of Alaska, came to Washington, District of Columbia in 1956 to serve in the Eisenhower Administration in the Department of the Interior, where he was a leading force in securing the legislation that led to the admission of Alaska as the 49th State on January 3, 1959, and then as Solicitor of the Department of the Interior; (4) in 1961, Ted Stevens returned to the State of Alaska and, in 1964, was elected to the Alaska House of Representatives, where he was subsequently elected as Speaker pro tempore and majority leader until his appointment on December 24, 1968, to the Senate to fill the vacancy caused by the death of Senator E.L. Bartlett; (5) Ted Stevens, the longest-serving Republican Senator in the history of the Senate, served as President pro tempore of the Senate from 2003 through 2007 and as President pro tempore emeritus from 2008 to 2009, and over the course of his career in the Senate, Ted Stevens served as assistant Republican leader, Chairman of the Select Committee on Ethics, Chairman of the Committee on Rules and Administration, Chairman of the Committee on Governmental Affairs, Chairman of the Committee on Appropriations, and Chairman of the Committee on Commerce, Science, and Transportation; (6) Ted Stevens worked tirelessly for the enactment of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which provided for the conveyance of approximately 44,000,000 acres of land in the State of Alaska to the Aleut, Eskimo, and Indian peoples and created Native Corporations to secure the long-term economic, cultural, and political empowerment of the Native peoples of the State of Alaska; (7) Ted Stevens was a leader in shaping the communications policies of the United States, as he helped to establish the spectrum auction policy, negotiated the Telecommunications Act of 1996, authored the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note; Public Law 109-171), and passionately advocated for the connection of rural America to the rest of the world and to improve the lives of the people of the United States through the use of telemedicine and distance learning; (8) Ted Stevens was a conservationist who championed the safe development of the natural resources of the United States, as illustrated by his authorship of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), which established the 200-mile exclusive economic zone and led to a reduction in the dominance of foreign fishing fleets in the fisheries of the United States, the Magnuson- Stevens Fishery Conservation and Management Reauthorization Act of 2006 (Public Law 109-479; 120 Stat. 3575), which established conservation measures designed to end overfishing, and the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a et seq.), which provided for the denial of entry into ports of the United States and the imposition of sanctions on vessels carrying out large-scale driftnet fishing beyond the exclusive economic zone of any nation; (9) Ted Stevens was committed to health and fitness in his personal life and in his legislative accomplishments, as illustrated by his authorship of the Ted Stevens Amateur and Olympic Sports Act (36 U.S.C. 220501 et seq.), his encouragement of providing equality to female athletes through the enactment of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), and his leadership in improving physical education programs in schools through the Carol M. White Physical Education Program (20 U.S.C. 7261 et seq.); (10) Ted Stevens unconditionally supported the needs of the Armed Forces of the United States through visits to soldiers, sailors, airmen, marines, and Coast Guardsmen in every major military conflict and war zone where United States military personnel have been assigned during his service in the Senate, including Vietnam, Kuwait, Bosnia, Kosovo, Iraq, and Afghanistan, and in his role as Chairman and Ranking Member of the Subcommittee on Defense Appropriations for more than 20 years; (11) Ted Stevens was a devoted husband, father, and grandfather who worked to promote family-friendly policies in the Federal government; (12) Ted Stevens was well-respected for reaching across the aisle to forge bipartisan alliances and enjoyed many close friendships with colleagues in both political parties and with his staff, who were deeply loyal to him; and (13) the designation of the unnamed highest peak in the State of Alaska, along with an icefield in the Chugach Forest in that State, in honor of Ted Stevens would be a fitting tribute to his honorable life and legacy. SEC. 3. DESIGNATION OF MOUNT STEVENS. (a) Designation.--Not later than 30 days after the date of enactment of this Act, the United States Board on Geographic Names (referred to in this Act as the ``Board'') shall designate the unnamed, 13,895-foot peak in the Alaska Range near Denali Park in the State of Alaska, located at latitude 62.920469308 and longitude 151.066510314, as the ``Mount Stevens''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the peak referred to in subsection (a) shall be deemed to be a reference to the ``Mount Stevens''. SEC. 4. DESIGNATION OF TED STEVENS ICEFIELD. (a) Definition of Icefield.--In this section, the term ``icefield'' means the icefield in the northern Chugach Forest in the State of Alaska-- (1) comprising approximately 8,340 square miles, as delineated by such map as shall be provided and made available for public inspection by the Forest Service; and (2) including the Harvard, Yale, Columbia, Nelchina, Tazlina, Valdez, and Shoup Glaciers. (b) Designation.--Not later than 30 days after the date of enactment of this Act, the Board shall designate the icefield as the ``Ted Stevens Icefield''. (c) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the icefield shall be deemed to be a reference to the ``Ted Stevens Icefield''.

Mount Stevens and Ted Stevens Icefield Designation Act - Directs the United States Board on Geographic Names to designate: (1) a specified unnamed peak in the Alaska Range near Denali Park in Alaska as "Mount Stevens"; and (2) a specified icefield in the northern Chugach Forest in Alaska as the "Ted Stevens Icefield."

To designate a mountain and icefield in the State of Alaska as the "Mount Stevens" and "Ted Stevens Icefield", respectively.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Survivors Education Enhancement Act of 2007''. SEC. 2. EXPANSION AND ENHANCEMENT OF EDUCATIONAL ASSISTANCE FOR SURVIVORS AND DEPENDENTS OF VETERANS. (a) Termination of Durational Limitation on Use of Educational Assistance and Restatement of Continuing Requirements.-- (1) In general.--Subsection (a) of section 3511 of title 38, United States Code, is amended to read as follows: ``(a)(1) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of educational assistance described in paragraph (2) shall not be charged against the entitlement of any individual under this chapter. ``(2) The payment of educational assistance referred to in paragraph (1) is the payment of such assistance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual-- ``(A) had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 or of being involuntarily ordered to full-time National Guard duty under section 502(f) of title 32; and ``(B) failed to receive credit or training time toward completion of the individual's approved educational, professional, or vocational objective as a result of having to discontinue, as described in subparagraph (A), the course pursuit.''. (2) Conforming amendments.--Such title 38 is further amended as follows: (A) In section 3511, by amending the heading to read as follows: ``Sec. 3511. Treatment of certain interruptions in pursuit of programs of education''. (B) In section 3532(g)-- (i) in paragraph (1), by striking ``paragraph (3)'' and inserting ``paragraph (2)''; (ii) by striking paragraph (2); and (iii) by redesignating paragraph (3) as paragraph (2). (C) By striking section 3541 and inserting the following new section: ``Sec. 3541. Special restorative training ``(a) The Secretary may, at the request of an eligible person-- ``(1) determine whether such person is in need of special restorative training; and ``(2) if such need is found to exist, prescribe a course that is suitable to accomplish the purposes of this chapter. ``(b) A course of special restorative training under subsection (a) may, at the discretion of the Secretary, contain elements that would contribute toward an ultimate objective of a program of education.''. (D) In section 3695(a)(4), by striking ``35,''. (b) Extension of Delimiting Age of Eligibility for Dependents.-- Section 3512(a) of such title, is amended by striking ``twenty-sixth birthday'' each place it appears and inserting ``thirtieth birthday''. (c) Amount of Educational Assistance.-- (1) In general.--Section 3532 of such title is amended to read as follows: ``Sec. 3532. Amount of educational assistance ``(a) The aggregate amount of educational assistance to which an eligible person is entitled under this chapter is $80,000, as increased from time to time under section 3564 of this title. ``(b) Within the aggregate amount provided for in subsection (a), educational assistance under this chapter may be paid for any purpose, and in any amount, as follows: ``(1) A program of education consisting of institutional courses. ``(2) A full-time program of education that consists of institutional courses and alternate phases of training in a business or industrial establishment with the training in the business or industrial establishment being strictly supplemental to the institutional portion. ``(3) A farm cooperative program consisting of institutional agricultural courses prescheduled to fall within 44 weeks of any period of 12 consecutive months that is pursued by an eligible person who is concurrently engaged in agricultural employment that is relevant to such institutional agricultural courses as determined under standards prescribed by the Secretary. ``(4) A course or courses or other program of special educational assistance as provided in section 3491(a) of this title. ``(5) A program of apprenticeship or other on-job training pursued in a State as provided in section 3687(a) of this title. ``(6) In the case of an eligible spouse or surviving spouse, a program of education exclusively by correspondence as provided in section 3686 of this title. ``(7) Special restorative training as provided in section 3542 of this title. ``(c) If a program of education is pursued by an eligible person at an institution located in the Republic of the Philippines, any educational assistance for such person under this chapter shall be paid at the rate of $0.50 for each dollar. ``(d)(1) Subject to paragraph (2), the amount of educational assistance payable under this chapter for a licensing or certification test described in section 3501(a)(5) of this title is the lesser of $2,000 or the fee charged for the test. ``(2) In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the available entitlement for the individual under this chapter.''. (2) Conforming amendments.--Title 38, United States Code, is amended as follows: (A) By striking section 3533 and inserting the following new section: ``Sec. 3533. Tutorial assistance ``An eligible person shall, without any charge to any entitlement of such person to educational assistance under section 3532(a) of this title, be entitled to the benefits provided an eligible veteran under section 3492 of this title.''. (B) Section 3534 is repealed. (C) In section 3542-- (i) in subsection (a), by striking ``computed at the basic rate'' and all that follows through the end of the subsection and inserting a period; and (ii) in subsection (b), by striking ``an educational assistance allowance'' and inserting ``educational assistance''. (D) In section 3543(c)-- (i) in paragraph (1), by adding ``and'' at the end; (ii) by striking paragraph (2); and (iii) by redesignating paragraph (3) as paragraph (2). (E) In section 3564, by striking ``rates payable under sections 3532, 3534(b), and 3542(a)'' and inserting ``aggregate amount of educational assistance payable under section 3532''. (F) In section 3565(b), by striking paragraph (1) and inserting the following new paragraph (1): ``(1) educational assistance payable under section 3532 of this title, including the special training allowance referred to in subsection (b)(7) of such section, shall be paid at the rate of $0.50 for each dollar; and''. (G) In section 3687-- (i) in subsection (a)-- (I) in the matter preceding paragraph (1), by striking ``or an eligible person (as defined in section 3501(a) of this title)''; and (II) in the flush matter following paragraph (2), by striking ``chapters 34 and 35'' and inserting ``chapter 34''; (ii) in subsection (c), by striking ``chapters 34 and 35'' and inserting ``chapter 34''; and (iii) in subsection (e), by striking paragraph (3) and inserting the following new paragraph (3): ``(3) In this subsection, the term `individual' means an eligible veteran who is entitled to monthly educational assistance allowances payable under section 3015(e) of this title.''. (d) Other Conforming Amendments.--Title 38, United States Code, is further amended as follows: (1) In section 3524, by striking ``the educational assistance allowance'' each place it appears and inserting ``educational assistance''. (2) In section 3531-- (A) in the heading, by striking ``allowance''; (B) in subsection (a), by striking ``an educational assistance allowance'' and inserting ``educational assistance''; and (C) in subsection (b), by striking ``allowance''. (3) In section 3537(a), by striking ``additional''. (e) Clerical Amendments.--The table of sections at the beginning of chapter 35 of such title is amended as follows: (1) By striking the item relating to section 3511 and inserting the following new item: ``3511. Treatment of certain interruptions in pursuit of programs of education.''. (2) By striking the items relating to section 3531, 3532, and 3533 and inserting the following new items: ``3531. Educational assistance. ``3532. Amount of educational assistance. ``3533. Tutorial assistance.''. (3) By striking the item relating to section 3534. (4) By striking the item relating to section 3541 and inserting the following new item: ``3541. Special restorative training.''. (f) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Annual adjustments for fiscal year 2008.-- Notwithstanding the effective date under paragraph (1) of the amendment to section 3564 of title 38, United States Code, made by subsection (c)(2)(E), the Secretary of Veterans Affairs shall make the first increase in the aggregate amount of educational assistance under section 3532 of such title as required by such section 3564 (as so amended) for fiscal year 2008.

Veterans' Survivors Education Enhancement Act of 2007 - Revises provisions concerning educational assistance under the Montgomery GI Bill to terminate the 45-month limitation on: (1) the use of such assistance for eligible veterans' survivors and dependents; and (2) the use of such assistance for special restorative training. Makes survivors and dependents eligible for educational assistance until their 30th (currently 26th) birthday. Makes the aggregate amount of educational assistance $80,000. (Currently, there are monthly limits for full-time, three quarter-time, or half-time educational pursuit.) Includes within authorized educational pursuits in such amounts: (1) a program of apprenticeship or other on-job training; and (2) a correspondence course. Makes survivors and dependents eligible for tutorial assistance.

A bill to amend title 38, United States Code, to expand and enhance educational assistance for survivors and dependents of veterans.

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Financial Services Industry Stability Act of 2010''. (b) Definitions.--For purposes of this Act, the following definitions shall apply: (1) Chairperson.--The term ``Chairperson'' means the Chairman of the Board of Governors of the Federal Reserve System. (2) Financial company.--The term ``financial company'' means a company or other entity-- (A) that is-- (i) incorporated or organized under the laws of the United States or any State, territory, or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Commonwealth of Northern Mariana Islands, Guam, American Samoa, or the United States Virgin Islands; or (ii) a company incorporated in or organized in a country other than the United States that has significant operations in the United States through-- (I) a Federal or State branch or agency of a foreign bank (as such terms are defined in the International Banking Act of 1978 (12 U.S.C. 3101 et seq.)); or (II) a United States affiliate or other United States operating entity of a company that is incorporated or organized in a country other than the United States; and (B) that is, in whole or in part, directly or indirectly, engaged in financial activities. SEC. 2. FEDERAL AGENCY ACTIONS AND CONSULTATIONS; REPORT. (a) Review of Programs To Promote the Public Interest.-- (1) Federal reserve board review.--The Chairperson shall-- (A) review all programs administered by the Board of Governors of the Federal Reserve System; and (B) utilize such programs in furtherance of the purposes of this Act. (2) Other agency action.--Each Federal department, agency, and independent establishment in the Executive branch shall, in consultation with, and with the assistance of, the Chairperson, utilize any authority of such department, agency, or establishment, under any provision of law, in furtherance of the purposes of this Act by carrying out programs to promote transparency, simplicity, fairness, accountability, and equal access in the market for consumer financial products or services. (b) Ensure No Financial Company Becomes Too Big To Fail.--The head of each Federal department, agency, and independent establishment in the Executive branch shall, in consultation with, and with the assistance of, the Chairperson, take such steps as may be necessary to ensure that no financial company is able to pose a systemic risk to the health of the United States economy by becoming too large to fail. (c) Definitions and Rulemaking.-- (1) In general.--The Chairperson shall, in accordance with section 553 of title 5, United States Code, and in consultation with all departments, agencies, and independent establishments in the Executive branch, prescribe regulations which, at a minimum, shall-- (A) define the terms ``systemic risk'' and ``too large to fail'', consistent with the best financial and commercial data available; (B) enumerate procedures that specify when and how the Chairperson and the head of any other Federal department, agency, or independent establishment in the Executive branch shall-- (i) cause financial companies that, in accordance with such regulations, are determined to be too large to fail to restructure themselves in size and scope of operations so as not to pose a systemic risk to the health of the United States economy; and (ii) impose increased capital reserve requirements upon any financial company which has been ordered to restructure under clause (i), the appropriate levels of which shall be determined by regulations prescribed under this section; (C) define the criteria to be used by the Chairperson and the head of any other Federal department, agency, or independent establishment in the Executive branch in causing the restructuring of financial companies under subparagraph (B)(i); and (D) establish a fund comprised of annual levies on financial companies at levels deemed appropriate by the Chairperson and the head of each Federal department, agency, or independent establishment in the Executive branch for the purpose of financing restructurings pursuant to subparagraph (B)(i). (2) Regulations.--The Chairperson shall commence the process for prescribing the regulations required under this subsection before the end of the 30-day period beginning on the date of the enactment of this Act. (d) Report to the Congress.--The Chairperson and the head of each Federal department, agency, and independent establishment in the Executive branch shall submit an annual report to the Congress not later than January 1st of each year detailing the activities of the Board of Governors of the Federal Reserve System or such department, agency, or establishment in carrying out the requirements of this section.

Financial Services Industry Stability Act of 2010 - Directs the Chairman of the Board of Governors of the Federal Reserve System to review all programs administered by the Board and utilize them in furtherance of this Act. Directs each federal department, agency, and independent establishment in the executive branch to utilize its authority to: (1) implement programs to promote transparency, simplicity, fairness, accountability, and equal access in the market for consumer financial products or services; and (2) take necessary steps to ensure that no financial company is able to pose a systemic risk to the health of the U.S. economy by becoming too large to fail. Requires the Board Chairperson to define the terms "systemic risk" and "too large to fail" and enumerate procedures that specify when and how the Chairperson and the head of any other federal department, agency, or independent executive branch establishment shall: (1) cause financial companies that are determined to be too large to fail to restructure in size and scope of operations so as not to pose a systemic risk to the health of the U.S. economy; and (2) impose increased capital reserve requirements upon any financial company which has been ordered to restructure. Requires the Chairperson to: (1) define criteria for causing the restructuring of financial companies; and (2) establish a fund composed of annual levies on financial companies to finance restructurings.

To provide stability in the financial services industry by promoting transparency, simplicity, fairness, accountability, and equal access in the market for consumer financial products or services and ensuring that no financial company becomes too big to fail, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infection Reduction Labeling Act of 2014''. SEC. 2. TREATMENT OF SOLID ANTIMICROBIAL COPPER ALLOYS UNDER FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT. Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a) is amended by adding at the end the following new subsection: ``(i) Claims Made for Solid Antimicrobial Copper Alloys.-- ``(1) Certain claims authorized.--Notwithstanding any other provision of this Act, solid antimicrobial copper alloys, and products made from such alloys, may be marketed, distributed, or sold with labeling making claims regarding the microbial reduction or infection control efficacy of the alloys if the claims are consistent with the results of-- ``(A) federally-funded clinical trials finding greater than 25 percent reductions in infection rate or 50 percent reductions in microbial burden; or ``(B) federally-funded clinical trials finding statistically significant reductions in infection rate or microbial burden. ``(2) Submission or review of efficacy data waived.--The registration of solid antimicrobial copper alloys under this section shall not require submission or review of efficacy data related to claims consistent with the results of the clinical trials described in paragraph (1). ``(3) Consistency of claims with agency-registered product label.-- ``(A) In general.--Claims described in paragraph (1) shall be consistent with the product label registered under this section. ``(B) Process for modification of labeling.--In lieu of the notification process under subsection (c)(9), registration of a solid antimicrobial copper alloy may be modified to ensure the consistency of claims described in paragraph (1) with the product labeling pursuant to the following process: ``(i) The registrant shall submit a notification identifying the proposed claims that are consistent with the results of the clinical trials described in paragraph (1), and include a copy of the proposed amended product label. ``(ii) Within 30 days after receipt of such a notification, the Administrator shall-- ``(I) notify the registrant in writing if the Administrator objects to any of the proposed claims as not consistent with the results of the clinical trials described in paragraph (1); and ``(II) state the reasons why. ``(iii) A registrant may file a response to any such objection not later than 30 days after the registrant's receipt of the objection. ``(iv) After receipt and consideration of any such response, the Administrator shall issue a decision within 30 days. ``(v) A decision under clause (iv) shall be considered to be a final agency action. ``(vi) A registrant may distribute or sell a solid antimicrobial copper alloy product with the claims described in paragraph (1) after 60 days of submission of the notification described in this subparagraph, unless the Administrator issues an objection as described in this subparagraph. ``(4) Definition.--In this subsection, the term `solid antimicrobial copper alloy' means a solid copper alloy that-- ``(A) is registered under this section; ``(B) is listed under Environmental Protection Agency registration number 82012-1, 82012-2, 82012-3, 82012-4, 82012-5, or 82012-6, or is otherwise identified by a Unified Numbering System code in an Environmental Protection Agency registration; ``(C) has a copper content of not less than 60 weight percent; and ``(D) has a content of not more than 0.1 weight percent of each of the following: lead, chromium, and arsenic.''. SEC. 3. TREATMENT OF SOLID ANTIMICROBIAL COPPER ALLOYS UNDER FEDERAL FOOD, DRUG, AND COSMETIC ACT. Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 569C of such Act (21 U.S.C. 360bbb-8c) the following: ``SEC. 569D. SOLID ANTIMICROBIAL COPPER ALLOYS. ``(a) Exclusion From Treatment as Drug or Device.--A product that is made from solid antimicrobial copper alloy and has labeling making a claim regarding the microbial reduction or infection control efficacy of the alloy, consistent with the results of federally-funded clinical trials, shall not, by virtue of such claim-- ``(1) be treated as a drug or device, or as a combination thereof, for purposes of this Act; or ``(2) otherwise be subject to regulation by the Food and Drug Administration. ``(b) Definition.--In this section, the term `solid antimicrobial copper alloy' means a solid copper alloy that-- ``(1) is listed under Environmental Protection Agency registration number 82012-1, 82012-2, 82012-3, 82012-4, 82012- 5, or 82012-6, or is otherwise identified by a Unified Numbering System code in an Environmental Protection Agency registration; ``(2) has a copper content of not less than 60 weight percent; and ``(3) has a content of not more than 0.1 weight percent of each of the following: lead, chromium, and arsenic.''.

Infection Reduction Labeling Act of 2014 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to authorize solid antimicrobial copper alloys, and products made from such alloys, to be marketed, distributed, or sold with labels about their infection reduction and control efficacy if the antimicrobial claims made on the label are consistent with the results of federally-funded clinical trials finding: (1) greater than 25% reductions in infection rate or 50% reductions in microbial burden, or (2) statistically significant reductions in infection rate or microbial burden. Waives alloys from requirements to submit or review efficacy data related to the antimicrobial claims if the claims are consistent with the results of the trials. Sets forth an alternative process to modify the labeling of an alloy. Amends the Federal Food, Drug, and Cosmetic Act to exclude a product that is made from the alloy and has the antimicrobial labeling from regulation and treatment as a drug or device .

Infection Reduction Labeling Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Surveillance Oversight Act of 2003''. SEC. 2. IMPROVEMENTS TO FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. (a) Rules and Procedures for FISA Courts.--Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended by adding at the end the following new subsection: ``(e)(1) The courts established pursuant to subsections (a) and (b) may establish such rules and procedures, and take such actions, as are reasonably necessary to administer their responsibilities under this Act. ``(2) The rules and procedures established under paragraph (1), and any modifications of such rules and procedures, shall be recorded, and shall be transmitted to the following: ``(A) All of the judges on the court established pursuant to subsection (a). ``(B) All of the judges on the court of review established pursuant to subsection (b). ``(C) The Chief Justice of the United States. ``(D) The Committee on the Judiciary of the Senate. ``(E) The Select Committee on Intelligence of the Senate. ``(F) The Committee on the Judiciary of the House of Representatives. ``(G) The Permanent Select Committee on Intelligence of the House of Representatives.''. (b) Reporting Requirements.--(1) The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is further amended-- (A) by redesignating title VI as title VII, and section 601 as section 701, respectively; and (B) by inserting after title V the following new title: ``TITLE VI--PUBLIC REPORTING REQUIREMENT ``public report of the attorney general ``Sec. 601. In addition to the reports required by sections 107, 108, 306, 406, and 502, in April of each year, the Attorney General shall issue a public report setting forth with respect to the preceding calendar year-- ``(1) the aggregate number of United States persons targeted for orders issued under this Act, including those targeted for-- ``(A) electronic surveillance under section 105; ``(B) physical searches under section 304; ``(C) pen registers under section 402; and ``(D) access to records under section 501; ``(2) the number of times that the Attorney General has authorized that information obtained under such sections or any information derived therefrom may be used in a criminal proceeding; ``(3) the number of times that a statement was completed pursuant to section 106(b), 305(c), or 405(b) to accompany a disclosure of information acquired under this Act for law enforcement purposes; and ``(4) in a manner consistent with the protection of the national security of the United States-- ``(A) the portions of the documents and applications filed with the courts established under section 103 that include significant construction or interpretation of the provisions of this Act or any provision of the United States Constitution, not including the facts of any particular matter, which may be redacted; ``(B) the portions of the opinions and orders of the courts established under section 103 that include significant construction or interpretation of the provisions of this Act or any provision of the United States Constitution, not including the facts of any particular matter, which may be redacted; and ``(C) in the first report submitted under this section, the matters specified in subparagraphs (A) and (B) for all documents and applications filed with the courts established under section 103, and all otherwise unpublished opinions and orders of that court, for the 4 years before the preceding calendar year in addition to that year.''. (2) The table of contents for that Act is amended by striking the items for title VI and inserting the following new items: ``TITLE VI--PUBLIC REPORTING REQUIREMENT ``Sec. 601. Public report of the Attorney General. ``TITLE VII--EFFECTIVE DATE ``Sec. 701. Effective date.''. SEC. 3. ADDITIONAL IMPROVEMENTS OF CONGRESSIONAL OVERSIGHT OF SURVEILLANCE ACTIVITIES. (a) Title 18, United States Code.--Section 2709(e) of title 18, United States Code, is amended by adding at the end the following new sentence: ``The information shall include a separate statement of all such requests made of institutions operating as public libraries or serving as libraries of secondary schools or institutions of higher education.''. (b) Right to Financial Privacy Act of 1978.--Section 1114(a)(5)(C) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(C)) is amended to read as follows: ``(C)(i) On a semiannual basis the Attorney General shall fully inform the congressional intelligence committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate concerning all requests made pursuant to this paragraph. ``(ii) In the case of the semiannual reports required to be submitted under clause (i) to the congressional intelligence committees, the submittal dates for such reports shall be as provided in section 507 of the National Security Act of 1947. ``(iii) In this subparagraph, the term `congressional intelligence committees' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 401a).''. (c) Fair Credit Reporting Act.--Section 625(h)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681u(h)(1)), as amended by section 811(b)(8)(B) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306), is further amended-- (1) by striking ``and the Committee on Banking, Finance and Urban Affairs of the House of Representatives'' and inserting ``, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives''; and (2) by striking ``and the Committee on Banking, Housing, and Urban Affairs of the Senate'' and inserting ``, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate''.

Domestic Surveillance Oversight Act of 2003 - Amends the Foreign Intelligence Surveillance Act (FISA) to authorize courts established to hear applications, grant orders, and review denials regarding electronic surveillance to establish rules and procedures and take actions necessary to administer their responsibilities under FISA. Directs that such rules and procedures be transmitted to the judges on such courts, the Chief Justice of the United States, and specified congressional committees. Requires the Attorney General to issue a public report annually on the aggregate number of U.S. persons targeted for FISA orders and the number of times that the Attorney General has authorized that such information be used in a criminal proceeding.Amends: (1) the Federal criminal code to require that the semiannual report of the Director of the Federal Bureau of Investigation (FBI) to the intelligence and judiciary committees concerning requests for access to telephone and transactional records include a separate statement of requests made of institutions operating as public libraries or serving as libraries of secondary schools or institutions of higher education; (2) the Right to Financial Privacy Act of 1978 to require that the Attorney General's semiannual report regarding requests for financial records go to the judiciary committees; and (3) the Fair Credit Reporting Act to require that the Attorney General's semiannual report regarding disclosures by credit reporting agencies to the FBI be made to the judiciary committees.

A bill to amend the Foreign Intelligence Surveillance Act of 1978 to improve the administration and oversight of foreign intelligence surveillance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Scofield Land Transfer Act''. SEC. 2. DEFINITIONS. In this Act: (1) Claimant.--The term ``claimant'' means any person or entity that, according to the records in the office of the Recorder for Carbon County, Utah, as of the date of enactment of this Act, claims title to, or an interest in, the Federal land. (2) Federal land.--The term ``Federal land'' means the land acquired by Price River Water Conservation District and transferred to the United States for use in the construction and operation of Scofield Dam and Reservoir located between the normal water surface elevation and the property boundary elevation in the Scofield Reservoir basin. (3) Flood surcharge elevation.--The term ``flood surcharge elevation'' means the elevation of 7640.3 in the North American Vertical Datum of 1988, which corresponds to the elevation of the crest of Scofield Dam. (4) Fund.--The term ``Fund'' means the Scofield Reservoir Fund established by section 3(b)(7)(A). (5) Life estate.--The term ``life estate'' means an interest of the claimant in the Federal land that will revert to the United States on the date of the death of the claimant. (6) Normal water surface elevation.--The term ``normal water surface elevation'' means the contour elevation of 7621.8 in the North American Vertical Datum of 1988, which corresponds to the elevation of the lip of the spillway of Scofield Dam. (7) Property boundary elevation.--The term ``property boundary elevation'' means the contour elevation 7630, as surveyed by McGonagle and Ulrich, Land Surveyors, in 1926, which was transmuted to the current elevation of 7638.9 in the North American Vertical Datum of 1988 and which corresponds to 1.4 vertical feet below the crest of Scofield Dam. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE OF SCOFIELD PROJECT LAND. (a) Survey; Notification.--As soon as practicable after the date of enactment of this Act, the Secretary shall-- (1) complete a full physical and title survey of the Federal land and any other related land in and around the Scofield Reservoir Basin; and (2) attempt to notify each of the claimants of the trespass or encroachment on the Federal land by the applicable claimant, including the existence of any trespassing or encroaching structures of the claimant. (b) Authorization To Convey Federal Land.-- (1) In general.--To resolve the issues of trespass and encroachment on the Federal land by the claimants, the Secretary may, on election by the claimant in accordance with paragraph (5)-- (A) convey to a claimant fee interest in the claimed portion of the Federal land that is located above the normal water surface elevation, subject to paragraph (2); or (B) grant to a claimant a life estate permitting the continued occupation of the claimed portion of the Federal land above the normal water surface elevation, subject to paragraph (3). (2) Conveyance requirements.--A conveyance under paragraph (1)(A) shall be subject to-- (A) the claimant paying to the Secretary the fair market value of the fee interest in the claimed portion of the Federal land, exclusive of the value of any permanent structures; (B) the United States retaining a flood easement over the entire portion of Federal land conveyed; and (C) deed restrictions requiring that-- (i) to prevent any structure on the portion of the Federal land conveyed from being displaced during a flood event, the claimant-- (I) secure or tie down the structure; (II) rebuild the structure with the same footprint as the original structure; or (III) repair the structure; and (ii) all activities carried out by the claimant under clause (i) with respect to a structure be carried out in accordance with-- (I) the International Building Code (as adopted by Utah Administrative Code R156-56); or (II) any other building code or engineering standard that is-- (aa) similar to the International Building Code; (bb) widely used; and (cc) nationally recognized. (3) Life estate requirements.--A life estate granted under paragraph (1)(B) shall be subject to-- (A) the claimant paying to the Secretary the fair market value of the life estate on the claimed portion of the Federal land; (B) provisions under which the claimant agrees to hold the United States harmless for all claims arising from the design, construction, operation, or replacement of Scofield Dam and Reservoir; and (C) provisions requiring the claimant to secure or tie down all structures on the portion of Federal land conveyed to prevent the structures from being displaced during a flood event in accordance with a code described in clause (i) or (ii) of paragraph (2)(C). (4) Compliance with environmental laws.-- (A) In general.--Before conveying the Federal land under paragraph (1)(A) or granting a life estate under paragraph (1)(B), the Secretary shall comply with all applicable requirements under-- (i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (iii) any other applicable law. (B) Effect.--Nothing in this Act modifies or alters any obligations under-- (i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (5) Deadline for election.--Not later than 5 years after the date of enactment of this Act, each of the claimants shall notify the Secretary in writing of whether the claimant opts to receive-- (A) a fee interest in the claimed portion of the Federal land, in accordance with paragraph (1)(A); or (B) a life estate in the claimed portion of the Federal land, in accordance with paragraph (1)(B). (6) Failure to notify secretary.-- (A) In general.--If a claimant fails to submit to the Secretary a notice of an election in accordance with paragraph (5), any future claim by the claimant with respect to the Federal land shall be extinguished. (B) Quiet title.--On extinguishment of the claim under subparagraph (A), the Secretary shall take such action as is necessary to quiet title to the applicable portion of the Federal land, including removal of persons, entities, structures, and materials encumbering the applicable portion of the Federal land. (7) Trust fund.-- (A) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Scofield Reservoir Fund'', to be administered by the Secretary and to be available, without fiscal year limitation, for providing enhanced recreation opportunities at Scofield Reservoir. (B) Transfers to fund.--There shall be deposited in the Fund any amounts received as consideration for a conveyance under paragraph (2)(A) or a granting of a life estate under paragraph (3)(A). SEC. 4. REPORT. Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that-- (1) describes the status of any activities authorized under this Act; (2) describes any obstacles to completing any outstanding transfers of title or grants of life estates; (3) specifies an anticipated date for completion of any outstanding transfers of title or grants of life estates; and (4) describes efforts to quiet title to any portion of the Federal land to which a claimant did not submit an election under section 3(b)(5).

Scofield Land Transfer Act - Directs the Secretary of the Interior to: (1) complete a full physical and title survey of specified federal land concerning the Scofield Dam and Reservoir in Carbon County, Utah, and any other related land in and around Scofield Reservoir Basin; and (2) attempt to notify each person or entity claiming title to, or an interest in, such land (claimant) of the claimant's trespass or encroachment on federal land, including the existence of any trespassing or encroaching structures. Authorizes the Secretary, in order to resolve trespass and encroachment issues and upon a claimant's request, to convey either a fee interest or a life estate to a claimant. Subjects any conveyance to: (1) a claimant paying fair market value for the claimed land, (2) the United States retaining a flood easement over the entire portion of the federal land conveyed, and (3) specified deed restrictions. Establishes the Scofield Reservoir Fund to provide enhanced recreation opportunities at the Scofield Reservoir. Deposits into the Fund any amounts paid by claimants pursuant to this Act.

A bill to authorize the Secretary of the Interior to convey certain interests in Federal land acquired for the Scofield Project in Carbon County, Utah.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Family Support Act of 1993''. SEC. 2. ESTABLISHMENT OF OFFICE OF FAMILY SUPPORT. There is established an Office of Family Support within the Department of Justice under the authority of the Attorney General. SEC. 3. APPOINTMENT AND DUTIES OF DIRECTOR. (a) Appointment.--The Office of Family Support shall be headed by a Director appointed by the President, by and with the consent of the Senate. The Director shall report to the Attorney General. (b) Authority.--The Director shall have final authority for all grants awarded by the Office. (c) Restriction.--The Director shall not engage in any employment other than that as serving as Director; nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any grant or other arrangement under this Act. (d) Duties.--The Director shall-- (1) establish guidelines and oversee the implementation of family-friendly policies within law enforcement-related offices and divisions in the Department of Justice; (2) study the effects of stress on law enforcement personnel and family well-being and disseminate the findings of such studies to Federal, State, and local law enforcement agencies, related organizations, and other interested parties; (3) identify and evaluate model programs that provide support services to law enforcement personnel and families; (4) provide technical assistance and training programs to develop stress reduction and family support to State and local law enforcement agencies; (5) collect and disseminate information regarding family support, stress reduction, and psychological services to Federal, State, and local law enforcement agencies, law enforcement-related organizations, and other interested entities; and (6) determine issues to be researched by the Office and by grant recipients. SEC. 4. GENERAL AUTHORIZATION. The Director is authorized to make grants to States and local law enforcement agencies and to organizations representing state and local law enforcement personnel to provide family support services to law enforcement personnel. SEC. 5. USES OF FUNDS. (a) In General.--A State or local law enforcement agency or organization that receives a grant under this Act shall use amounts provided under the grant to establish or improve training and support programs for law enforcement personnel. (b) Required Activities.--A law enforcement agency or organization that receives funds under this Act shall provide at least one of the following services: (1) Counseling for law enforcement family members. (2) Child care on a 24-hour basis. (3) Marital and adolescent support groups. (4) Stress reduction programs. (5) Stress education for law enforcement recruits and families. (6) Provide technical assistance and training programs to support any or all of the services listed in (1) through (5). (c) Optional Activities.--A law enforcement agency that receives funds under this Act may provide the following services: (1) Post-shooting debriefing for officers and their spouses. (2) Group therapy. (3) Hypertension clinics. (4) Critical incident response on a 24-hour basis. (5) Law enforcement family crisis telephone services on a 24-hour basis. (6) Counseling for law enforcement personnel exposed to the human immunodeficiency virus. (7) Counseling for peers. (8) Counseling for families of personnel killed in the line of duty. (9) Seminars regarding alcohol, drug use, gambling, and overeating. (10) Technical assistance and training to support any or all of the services in (1) through (9). SEC. 6. APPLICATIONS. A law enforcement agency or organization desiring to receive a grant under this Act shall submit to the Director an application at such time, in such manner, and containing or accompanied by such information as the Director may reasonably require. Such application shall-- (1) certify that the law enforcement agency shall match all Federal funds with an equal amount of cash or in-kind goods or services from other non-Federal sources; (2) include a statement from the highest ranking law enforcement official from the State or locality or from the highest ranking official from the organization applying for the grant that attests to the need and intended use of services to be provided with grant funds; and (3) assure that the Director or the Comptroller General of the United States shall have access to all records related to the receipt and use of grant funds received under this Act. SEC. 7. AWARD OF GRANTS; LIMITATION. (a) Grant Distribution.--In approving grants under this Act, the Director shall assure an equitable distribution of assistance among the States, among urban and rural areas of the United States, and among urban and rural areas of a State. (b) Duration.--The Director may award a grant each fiscal year, not to exceed $100,000 to a State or local law enforcement agency or $250,000 to a law enforcement organization for a period not to exceed 5 years. In any application from a State or local law enforcement agency or organization for a grant to continue a program for the second, third, fourth, or fifth fiscal year following the first fiscal year in which a grant was awarded to such agency, the Director shall review the progress made toward meeting the objectives of the program. The Director may refuse to award a grant if the Director finds sufficient progress has not been made toward meeting such objectives, but only after affording the applicant notice and an opportunity for reconsideration. (c) Limitation.--Not more than 10 percent of grant funds received by a State or a local law enforcement agency may be used for administrative purposes. SEC. 8. DISCRETIONARY RESEARCH GRANTS. The Director may reserve 10 percent of funds to award research grants to a State or local law enforcement agency or organization to study issues of importance in the law enforcement field as determined by the Director. SEC. 9. REPORTS. (a) Report From Grant Recipients.--A State or local law enforcement agency or organization that receives a grant under this Act shall submit to the Director an annual report that includes-- (1) program descriptions; (2) the number of staff employed to administer programs; (3) the number of individuals who participated in programs; and (4) an evaluation of the effectiveness of grant programs. (b) Report From Director.--(1) The Director shall submit to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate a report not later than March 31 of each fiscal year. (2) Such report shall contain-- (A) a description of the types of projects developed or improved through funds received under this Act; (B) a description of exemplary projects and activities developed; (C) a designation of the family relationship to the law enforcement personnel of individuals served; and (D) the number of individuals served in each location and throughout the country. SEC. 10. DEFINITIONS. For purposes of this Act-- (1) the term ``Director'' means the Director of the Office of Family Support within the Department of Justice; (2) the term ``family-friendly policy'' means a policy to promote or improve the morale and well being of law enforcement personnel; (3) the term ``law enforcement personnel'' means individuals employed by Federal, State, and local law enforcement agencies; and (4) the term ``Office'' means the Office of Family Support within the Department of Justice. SEC. 11. AUTHORIZATION OF APPROPRIATIONS; LIMITATION. (a) In General.--There are authorized to be appropriated $5,000,000 for each of the fiscal years 1994, 1995, 1996, 1997, and 1998. (b) Limitation.--Not more than 20 percent of the amounts available under this Act may be used to accomplish the duties of the Director under section 2(d) and to operate the Office, including administrative costs, research, and training programs.

Law Enforcement Family Support Act of 1993 - Establishes an Office of Family Support within the Department of Justice (DOJ), to be headed by a Director. Requires the Director to: (1) oversee the implementation of family-friendly policies within law enforcement-related offices in DOJ; (2) study the effects of stress on law enforcement personnel and family well-being and disseminate the findings to Federal, State, and local law enforcement agencies (LEAs) and others; (3) evaluate model programs that provide support services to law enforcement personnel and families; (4) provide technical assistance and training programs to develop stress reduction and family support to State and local LEAs; (5) collect and disseminate information regarding family support, stress reduction, and psychological services to LEAs, law enforcement-related organizations, and others; and (6) determine issues to be researched by the Office and by grant recipients. Authorizes the Director to make grants to States and local LEAs and to organizations representing State and local law enforcement personnel to provide family support services to law enforcement personnel. Directs State or local law enforcement grant recipients to use sums provided to establish or improve training and support programs for law enforcement personnel, including providing at least one of the following services: (1) counseling for law enforcement family members; (2) child care on a 24-hour basis; (3) marital and adolescent support groups; (4) stress reduction programs; (5) stress education for law enforcement recruits and families; and (6) technical assistance and training programs to support such services. Authorizes recipients to provide services such as: (1) post-shooting debriefings for officers and their spouses; (2) group therapy; (3) hypertension clinics; (4) counseling for families of personnel killed in the line of duty; (5) seminars regarding alcohol, drug abuse, gambling, and overeating. Sets forth provisions with respect to application requirements, grant durations, and limitations on the use of funds. Authorizes the Director to reserve ten percent of appropriated funds for discretionary research grants. Authorizes appropriations.

Law Enforcement Family Support Act of 1993

SECTION 1. FINDINGS. Congress finds the following: (1) Jack Nicklaus is a world-famous golf professional, a highly successful business executive, a prominent advertising spokesman, a passionate and dedicated philanthropist, a devoted husband, father, and grandfather, and a man with a common touch that has made him one of the most popular and accessible public figures in history. (2) Jack Nicklaus amassed 120 victories in professional competition of national or international stature, 73 of which came on the Professional Golf Association (in this Act referred to as the ``PGA'') Tour, and professional major-championship titles. His record 18 professional majors, which began 50 years ago as of June 2012, with his win at the 1962 U.S. Open as a 22-year-old rookie, remains the standard by which all golfers are measured. He is the only player in golf history to have won each major championship at least 3 times, and is the only player to complete a career ``Grand Slam'' on both the regular and senior tours. He also owns the record for most major championships as a senior with 8. (3) Jack Nicklaus' magnetic personality and unfailing sense of kindness and thoughtfulness have endeared him to millions throughout the world. (4) Jack Nicklaus has been the recipient of countless athletic honors, including being named Individual Male Athlete of the Century by Sports Illustrated, one of the 10 Greatest Athletes of the Century by ESPN, and Golfer of the Century or Golfer of the Millennium by every major national and international media outlet. He received the Muhammad Ali Sports Legend Award and the first-ever ESPY Lifetime Achievement Award. He became the first golfer and only the third athlete to receive the Vince Lombardi Award of Excellence, and is also a 5-time winner of the PGA Player of the Year Award. He was inducted into the World Golf Hall of Fame at the age of 34. (5) Jack Nicklaus has received numerous honors outside of the world of sports, including several golf industry awards for his work and contributions as a golf course designer, such as the Old Tom Morris Award, which is the highest honor given by the Golf Course Superintendents Association of America, and both the Donald Ross Award given by the American Society of Golf Course Architects and the Don A. Rossi Award given by the Golf Course Builders Association of America. Golf Inc. magazine named him the Most Powerful Person in Golf for a record 6 consecutive years, due to his impact on various aspects of the industry through his course design work, marketing and licensing business, his ambassadorial role in promoting and growing the game worldwide, and his involvement on a national and global level with various charitable causes. (6) Jack Nicklaus has been involved in the design of more than 290 golf courses worldwide, and his business, Nicklaus Design, has 366 courses open for play in 34 countries and 39 States. (7) Jack Nicklaus served as the Global Ambassador for a campaign to include golf in the Olympic Games, which was achieved and will begin in the 2016 Olympic program. (8) Jack Nicklaus was honored by President George W. Bush in 2005 by receiving the Presidential Medal of Freedom, the highest honor given to any United States civilian. (9) Jack Nicklaus has a long-standing commitment to numerous charitable causes, such as his founding, along with wife Barbara, of the Nicklaus Children's Health Care Foundation, which provides pediatric health care services throughout South Florida and in other parts of the country. The Foundation has raised over $21,000,000 in just 6 years. He has been a tireless supporter of numerous junior golf initiatives, working with the PGA of America Junior Golf Foundation over the course of 4 decades, including the establishment of the Barbara and Jack Nicklaus Junior Golf Endowment Fund and the PGA- Nicklaus First Tee Teaching Grants. He also is a spokesperson for several PGA of America and USGA growth-of-the-game initiatives. He continues to support several scholarship foundations, other children's hospitals, and other causes, including spinal-cord research, pancreatic cancer issues, and Florida Everglades restoration. (10) Jack Nicklaus continues to manage the Memorial Tournament in his home State of Ohio, in which contributions generated through the aid of over 2,600 volunteers are given to support Nationwide Children's Hospital and close to 75 other Central Ohio charities. This has garnered more than $5,700,000 for programs and services at Nationwide Children's Hospital since 1976, so that Central Ohio will continue to have one of the best children's hospitals in the United States. (11) Jack Nicklaus and his wife serve as honorary chairman and active chairwoman, respectively, of the Nicklaus Children's Health Care Foundation in North Palm Beach, Florida, which provides free-of-charge health assistance and services to more than 4,000 children and their families through Child Life programs (supporting therapeutic interventions for children with chronic and acute conditions during hospitalization), Miami Children's Hospital Nicklaus Care Centers (to offer a new option to Palm Beach County area families with children who require pediatric specialty care), and Safe Kids Program (aimed at keeping children injury-free and offering safety education in an effort to decrease accidental injuries in children). In April, they announced the planned opening of the Miami Children's Hospital Nicklaus Outpatient Center, a 22,000- square-foot facility in Palm Beach County that will provide pediatric urgent care, diagnostic services, and rehabilitation services. (12) Jack Nicklaus established an annual pro-am golf tournament called ``The Jake'' to honor his 17-month-old grandson who passed away in 2005, and it serves as a primary fundraiser for the Nicklaus Children's Health Care Foundation. The event alone has raised well over $3,000,000 over the last several years. (13) Jack Nicklaus and General John Shalikashvili (ret.) serve as honorary chairs of the American Lake Veterans Golf Course in Tacoma, Washington, which neighbors a Veterans Administration hospital and is designed for the rehabilitation of wounded and disabled veterans. Nicklaus has donated his design services for the improvement of the course, and raised contributions for the addition of 9 new holes (the ``Nicklaus Nine''), the construction of the Rehabilitation and Learning Center, and the upgrade of the maintenance facilities. The course is considered the only one in the United States designed solely for the use of disabled veterans. It served over 37,000 veterans and their families in 2011 to use the healing powers of golf to rehabilitate and recreate. The hope is that American Lake will serve as a pilot program for the more than 150 Veterans Administration hospitals nationwide. (14) Jack Nicklaus serves as a spokesperson and Trustee for the First Tee program, which brings golf to children who would not otherwise be exposed to it, and teaches them valuable, character-building life lessons through the game of golf, and is a national co-chair of the organization's More Than a Game campaign. (15) Jack Nicklaus remains active in tournament golf, although he retired from competition in the major championships in 2005, when he played his final British Open and his final Masters Tournament, and led the United States to a thrilling victory in the President's Cup. He consults often with the PGA Tour, and no fewer than 95 Nicklaus courses have hosted a combined total of over 650 professional tournaments. In 2011 alone, Nicklaus courses hosted 15 PGA Tour-sanctioned events. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Authorization.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to Jack Nicklaus in recognition of his service to the Nation in promoting excellence and good sportsmanship. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary of the Treasury may prescribe, the Secretary may strike duplicate medals in bronze of the gold medal struck pursuant to section 2 and sell such duplicate medals at a price sufficient to cover the costs of the duplicate medals (including labor, materials, dies, use of machinery, overhead expenses) and the cost of the gold medal. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. FUNDING. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of the medals authorized by this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make arrangements for the presentation of a congressional gold medal to Jack Nicklaus in recognition of his service to the nation in promoting excellence and good sportsmanship. Directs the Secretary of the Treasury to strike such gold medal and to strike and sell duplicate bronze medals at a price sufficient to cover the costs of the gold and bronze medals.

A bill to provide for the award of a gold medal on behalf of Congress to Jack Nicklaus, in recognition of his service to the Nation in promoting excellence, good sportsmanship, and philanthropy.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Tax Relief Act of 2009''. (b) Reference.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: SEC. 2. PERMANENT INCREASE IN LIMITATIONS ON EXPENSING OF CERTAIN DEPRECIABLE BUSINESS ASSETS. (a) In General.--Subsection (b) of section 179 (relating to limitations) is amended-- (1) by striking ``$25,000'' and all that follows in paragraph (1) and inserting ``$500,000.'', (2) by striking ``$200,000'' and all that follows in paragraph (2) and inserting ``$2,000,000'', (3) by striking ``after 2007 and before 2011, the $120,000 and $500,000'' in paragraph (5)(A) and inserting ``after 2009, the $500,000 and the $2,000,000'', (4) by striking ``2006'' in paragraph (5)(A)(ii) and inserting ``2008'', and (5) by striking paragraph (7). (b) Permanent Expensing of Computer Software.--Section 179(d)(1)(A)(ii) of the Internal Revenue Code of 1986 (defining section 179 property) is amended by striking ``and before 2011''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 3. MODIFICATION OF CORPORATE INCOME TAX RATES. (a) In General.--Paragraph (1) of section 11(b) (relating to amount of tax) is amended to read as follows: ``(1) In general.--The amount of the tax imposed by subsection (a) shall be the sum of-- ``(A) 15 percent of so much of the taxable income as does not exceed $1,000,000, ``(B) 25 percent of so much of the taxable income as exceeds $1,000,000 but does not exceed $1,500,000, ``(C) 34 percent of so much of the taxable income as exceeds $1,500,000 but does not exceed $10,000,000, and ``(D) 35 percent of so much of the taxable income as exceeds $10,000,000. In the case of a corporation which has taxable income in excess of $2,000,000 for any taxable year, the amount of tax determined under the preceding sentence for such taxable year shall be increased by the lesser of (i) 5 percent of such excess, or (ii) $235,000. In the case of a corporation which has taxable income in excess of $15,000,000, the amount of the tax determined under the foregoing provisions of this paragraph shall be increased by an additional amount equal to the lesser of (i) 3 percent of such excess, or (ii) $100,000.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 4. GENERAL BUSINESS CREDITS OF ELIGIBLE SMALL BUSINESSES NOT SUBJECT TO ALTERNATIVE MINIMUM TAX. (a) In General.--Section 38(c) (relating to limitation based on amount of tax) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Special rules for eligible small business credits.-- ``(A) In general.--In the case of eligible small business credits-- ``(i) this section and section 39 shall be applied separately with respect to such credits, and ``(ii) in applying paragraph (1) to such credits-- ``(I) the tentative minimum tax shall be treated as being zero, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the eligible small business credits). ``(B) Eligible small business credits.--For purposes of this subsection, the term `eligible small business credits' means the sum of the credits listed in subsection (b) which are determined for the taxable year with respect to an eligible small business. Such credits shall not be taken into account under paragraph (2), (3), or (4). ``(C) Eligible small business.--For purposes of this subsection, the term `eligible small business' means, with respect to any taxable year-- ``(i) a corporation the stock of which is not publicly traded, or ``(ii) a partnership, which meets the gross receipts test of section 448(c) (by substituting `$50,000,000' for `$5,000,000' each place it appears) for the taxable year (or, in the case of a sole proprietorship, which would meet the test if such proprietorship were a corporation).''. (b) Effective Date.--The amendments made by this section shall apply to credits determined in taxable years beginning after December 31, 2009, and to carrybacks of such credits. SEC. 5. GENERAL BUSINESS CREDITS OF ELIGIBLE SMALL BUSINESSES CARRIED BACK 5 YEARS. (a) In General.--Section 39(a) (relating to carryback and carryforward of unused credits) is amended by adding at the end the following new paragraph: ``(4) 5-year carryback for eligible small business credits.-- ``(A) In general.--Notwithstanding subsection (d), in the case of eligible small business credits-- ``(i) this section shall be applied separately from the business credit (other than the eligible small business credits) or the marginal oil and gas well production credit, ``(ii) paragraph (1) shall be applied by substituting `each of the 5 taxable years' for `the taxable year' in subparagraph (A) thereof, and ``(iii) paragraph (2) shall be applied-- ``(I) by substituting `25 taxable years' for `21 taxable years' in subparagraph (A) thereof, and ``(II) by substituting `24 taxable years' for `20 taxable years' in subparagraph (B) thereof. ``(B) Eligible small business credits.--For purposes of this subsection, the term `eligible small business credits' has the meaning given such term by section 38(c)(5)(B).''. (b) Conforming Amendment.--Section 39(a)(3)(A) is amended by inserting ``or the eligible small business credits'' after ``credit)''. (c) Effective Date.--The amendments made by this section shall apply to credits arising in taxable years beginning after December 31, 2009. SEC. 6. DEDUCTION FOR ELIGIBLE SMALL BUSINESS INCOME. (a) In General.--Paragraph (1) of section 199(a) is amended to read as follows: ``(1) In general.--There shall be allowed as a deduction an amount equal to the sum of-- ``(A) 9 percent of the lesser of-- ``(i) the qualified production activities income of the taxpayer for the taxable year, or ``(ii) taxable income (determined without regard to this section) for the taxable year, and ``(B) in the case of an eligible small business for any taxable year beginning after 2009, 20 percent of the lesser of-- ``(i) the eligible small business income of the taxpayer for the taxable year, or ``(ii) taxable income (determined without regard to this section) for the taxable year.''. (b) Eligible Small Business; Eligible Small Business Income.-- Section 199 is amended by adding at the end the following new subsection: ``(e) Eligible Small Business; Eligible Small Business Income.-- ``(1) Eligible small business.--For purposes of this section, the term `eligible small business' has the meaning given such term by section 38(c)(5)(C). ``(2) Eligible small business income.-- ``(A) In general.--For purposes of this section, the term `eligible small business income' means the excess of-- ``(i) the income of the eligible small business which-- ``(I) is attributable to the actual conduct of a trade or business, ``(II) is income from sources within the United States (within the meaning of section 861), and ``(III) is not passive income (as defined in section 904(d)(2)(B)), over ``(ii) the sum of-- ``(I) the cost of goods sold that are allocable to such income, and ``(II) other expenses, losses, or deductions (other than the deduction allowed under this section), which are properly allocable to such income. ``(B) Exceptions.--The following shall not be treated as income of an eligible small business for purposes of subparagraph (A): ``(i) Any income which is attributable to any property described in section 1400N(p)(3). ``(ii) Any income which is attributable to the ownership or management of any professional sports team. ``(iii) Any income which is attributable to a trade or business described in subparagraph (B) of section 1202(e)(3). ``(iv) Any income which is attributable to any property with respect to which records are required to be maintained under section 2257 of title 18, United States Code. ``(C) Allocation rules, etc.--Rules similar to the rules of paragraphs (2), (3), (4)(D), and (7) of subsection (c) shall apply for purposes of this paragraph. ``(3) Special rules.--Except as otherwise provided by the Secretary, rules similar to the rules of subsection (d) shall apply for purposes of this subsection.''. (c) Conforming Amendment.--Section 199(a)(2) is amended by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 7. REDUCTION IN RECOGNITION PERIOD FOR BUILT-IN GAINS TAX. (a) In General.--Paragraph (7) of section 1374(d) (relating to definitions and special rules) is amended to read as follows: ``(7) Recognition period.-- ``(A) In general.--The term `recognition period' means the 5-year period beginning with the 1st day of the 1st taxable year for which the corporation was an S corporation. ``(B) Special rule for distributions to shareholders.--For purposes of applying this section to any amount includible in income by reason of distributions to shareholders pursuant to section 593(e), subparagraph (A) shall be applied without regard to the phrase `10-year'.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 8. CARRYBACK OF NET OPERATING LOSSES OF CERTAIN SMALL BUSINESSES ALLOWED FOR 5 YEARS. Subparagraph (H) of section 172(b)(1) is amended to read as follows: ``(H) 5-year carryback of losses of certain small businesses.-- ``(i) In general.--In the case of a net operating loss with respect to any eligible small business for any taxable year ending after 2008, or, if applicable, following the taxable year with respect to which an election was made by such eligible small business under this subparagraph (as in effect before the date of the enactment of the Small Business Tax Relief Act of 2009)-- ``(I) subparagraph (A)(i) shall be applied by substituting `5' for `2', ``(II) subparagraph (E)(ii) shall be applied by substituting `4' for `2', and ``(III) subparagraph (F) shall not apply. ``(ii) Eligible small business.--For purposes of clause (i), the term `eligible small business' has the meaning given such term by section 38(c)(5)(C).''. SEC. 9. MODIFICATIONS TO EXCLUSION FOR GAIN FROM CERTAIN SMALL BUSINESS STOCK. (a) Temporary Increase in Exclusion.--Paragraph (3) of section 1202(a) (relating to exclusion) is amended to read as follows: ``(3) Special rules for stock acquired before 2011.--In the case of qualified small business stock-- ``(A) acquired after the date of the American Recovery and Reinvestment Tax Act of 2009 and on or before the date of the enactment of the Small Business Tax Relief Act of 2009-- ``(i) paragraph (1) shall be applied by substituting `75 percent' for `50 percent', and ``(ii) paragraph (2) shall not apply, and ``(B) acquired after the date of the enactment of the Small Business Tax Relief Act of 2009 and before January 1, 2011-- ``(i) paragraph (1) shall be applied by substituting `100 percent' for `50 percent', ``(ii) paragraph (2) shall not apply, and ``(iii) section 57(a)(7) shall not apply.''. (b) Increase in Limitation.-- (1) In general.--Subparagraph (A) of section 1202(b)(1) (relating to per-issuer limitation on taxpayer's eligible gain) is amended by striking ``$10,000,000'' and inserting ``$15,000,000''. (2) Married individuals.--Subparagraph (A) of section 1202(b)(3) (relating to treatment of married individuals) is amended by striking ``paragraph (1)(A) shall be applied by substituting `$5,000,000' for `$10,000,000''' and inserting ``the amount under paragraph (1)(A) shall be half of the amount otherwise in effect''. (c) Modification of Definition of Qualified Small Business.-- Section 1202(d)(1) (defining qualified small business) is amended by striking ``$50,000,000'' each place it appears and inserting ``$75,000,000''. (d) Inflation Adjustments.--Section 1202 (relating to partial exclusion for gain from certain small business stock) is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(k) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning after 2009, the $15,000,000 amount in subsection (b)(1)(A), the $75,000,000 amount in subsection (d)(1)(A), and the $75,000,000 amount in subsection (d)(1)(B) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost of living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2008' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $1,000,000 such amount shall be rounded to the next lowest multiple of $1,000,000.''. (e) Effective Dates.-- (1) Exclusion; qualified small business.--The amendments made by subsections (a) and (c) shall apply to stock acquired after the date of the enactment of this Act. (2) Limitation; inflation adjustment.--The amendments made by subsections (b) and (d) shall apply to taxable years ending after the date of the enactment of this Act. SEC. 10. DEDUCTION FOR HEALTH INSURANCE COSTS IN COMPUTING SELF- EMPLOYMENT TAXES. (a) In General.--Section 162(l) (relating to special rules for health insurance costs of self-employed individuals) is amended by striking paragraph (4) and by redesignating paragraph (5) as paragraph (4). (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Small Business Tax Relief Act of 2009 - Amends Internal Revenue Code provisions relating to small business to: (1) increase and make permanent the election to expense small business assets, including computer software, in the current taxable year; (2) reduce graduated tax rates for corporations with taxable incomes of less than $10 million; (3) exempt income attributable to business tax credits from the alternative minimum tax (AMT); (4) allow five-year carrybacks for business tax credits and small business net operating losses; (5) allow an enhanced tax deduction for income attributable to small business domestic production activities; (6) reduce to five years the recognition period for the built-in gains of S corporations; (7) exclude from gross income all gain from the sale of certain small business stock before 2011; and (8) allow a deduction from the income of self-employed individuals for health insurance costs.

A bill to amend the Internal Revenue Code of 1986 to provide additional tax relief for small businesses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Development Bank Act''. SEC. 2. STATEMENT OF PURPOSES. The purposes of this Act are as follows: (1) To increase the amount of credit available for the economic revitalization of distressed urban and rural communities. (2) To enable economically disadvantaged persons and small, minority-owned, and women-owned businesses to have improved access to the resources of our financial system, and to use such resources as a foundation for economic growth, increased employment and community development. (3) To increase the supply of mortgage credit and other financing necessary for the private sector to rehabilitate the housing stock in inner cities and rural areas for low- and moderate-income families. (4) To provide capital for housing construction and development, small businesses, and community development projects. (5) To provide technical and managerial assistance to small businesses and other entrepreneurs located in economically distressed areas. (6) To encourage the establishment of privately capitalized community development banks to serve the credit needs of financially underserved residents of urban and rural areas of our country. TITLE I--COMMUNITY DEVELOPMENT BANKS SEC. 101. ESTABLISHMENT OF A COMMUNITY DEVELOPMENT BANKERS' BANK. (a) In General.--The Comptroller of the Currency is hereby authorized to issue a certificate of authority to commence the business of banking to a national banking association that is owned exclusively (except to the extent directors' qualifying shares are required by law) by one or more insured depository institutions and will be engaged primarily in community development activities. (b) Required Name.--A national banking association chartered pursuant to subsection (a) shall be known as a ``community development bank'', and shall use the term ``community development bank'' and the name of the community in which it is located and will serve, in its title. (c) Regulation.--A community development bank chartered pursuant to subsection (a) shall be subject to such rules and orders as the Comptroller deems appropriate, and, except as otherwise specifically provided in this title or in such rules and orders, shall be vested with and subject to the same rights, duties and limitations that apply to other national banking associations, including the right to accept deposits. (d) Board of Directors.--At least 25 percent of members of the community development bank's board of directors shall be individuals residing in and representing the interests of the community that the bank will serve. SEC. 102. AUTHORITY TO INVEST IN A COMMUNITY DEVELOPMENT BANK. An insured depository institution may invest in the shares of one or more community development banks. Such investment may not exceed, in the aggregate, an amount in excess of 5 percent of the depository institution's tier one or core capital or, in the case of a particular institution, such lesser amount as the appropriate Federal banking agency determines to be necessary in order to protect the safety and soundness of the institution. SEC. 103. EXPEDITED PROCEDURES. Within six months after the date of enactment of this Act, the Comptroller of the Currency shall develop and publish in the Federal Register expedited procedures for the consideration of applications for a certificate to commence the business of banking for a community development bank. The Federal Deposit Insurance Corporation shall develop expedited procedures for consideration of an application by a community development bank for deposit insurance. Final decisions shall be made by the Comptroller and the Federal Deposit Insurance Corporation within nine months after the receipt of completed applications. SEC. 104. COMMUNITY DEVELOPMENT BANK ACTIVITIES. (a) Primary Purpose.--A community development bank may only make loans and other investments designed to provide a reasonable economic return to the bank and its shareholders, consistent with its primary purpose of providing credit, capital, and related services to targeted persons and targeted geographic areas within its community. (b) Loan and Investment Activities.--In order to accomplish the purposes of this Act, a community development bank may engage in activities consistent with this Act, including the making or providing of the following: (1) Residential mortgage loans. (2) Residential construction loans. (3) Small business commercial loans. (4) Home improvement and rehabilitation loans. (5) Neighborhood commercial revitalization loans. (6) Small farm loans. (7) Industrial development loans. (8) Equity investments in low- and moderate-in-come real estate development and rehabilitation projects. (9) Equity investments in community development corporations and projects. (10) Equity investments in small business development corporations. (11) Marketing and management assistance. (12) Business planning and counseling services. (13) Financial and technical services. (14) Vocational training. (15) Deposit funds in credit unions serving predominately low-income members as defined by the National Credit Union Administration Board. (c) Coordination.--A community development bank shall coordinate its activities with activities and programs of the Department of Housing and Urban Development, the Department of Veterans Affairs, the Department of Commerce, the Small Business Administration, and other agencies with respect to the development and financing of community development organizations and projects and small businesses. (d) Competition With Existing Institutions.--A community development bank shall target its activities to customers do adequately served by existing depository institutions. SEC. 105. OTHER COMMUNITY DEVELOPMENT BANKS. Any insured depository institution may apply to the appropriate Federal banking agency to be certified as a ``community development bank''. The agency shall issue such certification if it finds that such bank is primarily engaged in community development activities, and otherwise complies with the provisions of this Act, other than subsections (a), (b) and (c) of section 101, and that such certification will further the purposes of this title. SEC. 106. COMMUNITY REINVESTMENT ACT EVALUATION. (a) Examination.--The appropriate Federal banking agency shall conduct an annual onsite examination and evaluation of every community development bank in order to determine compliance with this Act and to assess the bank's record of meeting the credit needs of its community, as described in section 804 of the Community Reinvestment Act of 1977. (b) Hearing Required.--Prior to issuing a final Community Reinvestment Act evaluation and rating, the appropriate Federal banking agency shall-- (1) publish in two or more newspapers of general circulation a statement that an informal hearing on the bank's success in meeting the credit needs of its community is to be held; and (2) directly notify known representatives of consumer and community groups located within the bank's community that an informal hearing is to be held. (c) Notice.--The publication and notice required under subsection (b) shall state the date and place for the hearing, which must be at least thirty days following the date of the publication or mailing of the notice, and shall invite interested persons and organizations to provide oral and written testimony concerning the performance of the community development bank. (d) Consideration of Testimony.--The appropriate Federal banking agency shall consider and take into account the testimony and statements provided by community representatives in evaluating the performance of a community development bank under this section. (e) Final Evaluation.--Following the hearing, the appropriate Federal banking agency shall provide a final Community Reinvestment Act of 1977 evaluation and rating, including a written explanation for any findings and conclusions. (f) Re-evaluation.--A community development bank that receives a final rating that is less than a satisfactory rating shall be reevaluated within ninety days by the appropriate Federal banking agency in order to determine whether it has made the necessary changes in policies or practices to warrant a satisfactory rating. SEC. 107. COMMUNITY REINVESTMENT ACT COMPLIANCE. (a) Effect of Rating.--For purposes of the Community Reinvestment Act of 1977, the evaluation and rating of a community development bank shall be deemed to be the evaluation and rating of each insured depository institution that has made a qualifying investment in such community development bank. Any insured depository institution receiving a satisfactory or outstanding rating pursuant to this section shall be deemed to have met the credit needs of its community. (b) Coordination With Other Law.--An insured depository institution that maintains a qualifying investment in a community development bank shall not be subject to an evaluation conducted pursuant to section 804 of the Community Reinvestment Act of 1977. (c) Effect of Non-qualifying Investment.--An insured depository institution that makes an investment that is not a qualifying investment shall have that investment considered by the appropriate Federal banking agency when that institution is evaluated under sections 804 and 807 of the Community Reinvestment Act of 1977. SEC. 108. BANK HOLDING COMPANY ACT. No person shall be considered a bank holding company, or subject to the Bank Holding Company Act of 1956, due to an investment in a community development bank authorized under this title. SEC. 109. DEFINITIONS. For purposes of this title-- (1) the term ``community development bank'' means-- (A) a bank established pursuant to section 101, or (B) certified as a community development bank pursuant to section 105, that is primarily engaged in the business of providing credit and investment capital and related services to targeted populations and targeted geographic areas; (2) the term ``targeted population'' means minority-owned and women-owned businesses, non-profit organizations, community groups, and economically disadvantaged persons; (3) the term ``targeted geographic area'' means a neighborhood or other geographic area that is suffering economic distress, as measured by unemployment, poverty, condition of housing stock, availability of credit, or other indicator of relative economic condition; (4) the term a community development bank's ``community'' means one or more contiguous geographic areas that represent the combined market or service areas of the financial institutions that have made qualifying investments in such bank; (5) the term ``insured depository institution'' shall have the meaning given such term in section 3 of the Federal Deposit Insurance Act; (6) the term ``appropriate Federal banking agency'' shall have the meaning given such term in section 3 of the Federal Deposit Insurance Act; and (7) the term ``qualifying investment'' means an investment in the equity shares of a community development bank in an amount that is equal to the maximum permissible amount for that investing institution, as prescribed in section 102. SEC. 110. SAFETY AND SOUNDNESS. Nothing in this title shall be deemed to interfere with the authority of the appropriate Federal banking agency or the Federal Deposit Insurance Corporation to limit the permissible activities or investments of an insured depository institution or depository institution holding company, by order or regulation, in order to protect the safety or soundness of such institution or holding company. SEC. 111. DISCRIMINATION AND FAIR HOUSING. (a) In General.--Nothing in this title shall be deemed to interfere with the authority of the appropriate Federal banking agencies to examine institutions for compliance with or to enforce the Equal Credit Opportunity Act, the Fair Housing Act, or the Home Mortgage Disclosure Act. (b) Applicability of Section 107.--Section 107 shall not apply to any institution found, in a civil or criminal judicial proceeding or final agency adjudication, to have violated any law described in subsection (a). TITLE II--CONFORMING AMENDMENTS SEC. 201. COMMUNITY DEVELOPMENT REVOLVING LOAN FUND FOR CREDIT UNIONS. (a) Repeal.--Section 120(k) of the Federal Credit Union Act (12 U.S.C. 1766(k)) is repealed. (b) Amendment.--The Federal Credit Union Act is amended by inserting after section 129 (12 U.S.C. 1772c) the following new section: ``SEC. 130. COMMUNITY DEVELOPMENT REVOLVING LOAN FUND FOR CREDIT UNIONS. ``(a) In General.--The Board may exercise the authority granted it by the Community Development Credit Union Revolving Loan Fund Transfer Act (Public Law 99-609) including any additional appropriation made or earnings accrued, subject only to this section and to regulations prescribed by the Board. ``(b) Investment.--The Board may invest any idle Fund moneys in United States Treasury securities. Any interest accrued on such securities shall become a part of the Fund. ``(c) Loans.--The Board may require that any loans made from the Fund be matched by increased shares in the borrower credit union. ``(d) Interest.--Interest earned by the Fund may be allocated by the Board for technical assistance to community development credit unions. ``(e) Definition.--As used in this section, the term `Fund' means the Community Development Credit Union Revolving Loan Fund.''. SEC. 202. STUDY OF COMMUNITY DEVELOPMENT CREDIT UNION. (a) In General.--The National Credit Union Administration Board in consultation with representatives of the credit union industry shall conduct a study of community development credit activities by credit unions. In conducting the study, the Board shall consider-- (1) the role of these institutions in providing credit and related financial services to inner city and rural areas, (2) the failure rate of these institutions in the past, (3) the desirability of establishing a special examination force for community development credit unions, and mentor programs, (4) the desirability of establishing a clearinghouse for the recirculation of startup equipment and furniture for community development credit unions, and (5) appropriate startup and permanent financing programs for such credit unions. (b) Report.--Not later than October 1, 1993, the Board shall issue a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives on the study and the regulatory and legislative changes that may be necessary to ensure that community development activity by credit unions become and remain viable and productive.

TABLE OF CONTENTS: Title I: Community Development Banks Title II: Conforming Amendments Community Development Bank Act - Title I: Community Development Banks - Authorizes the Comptroller of the Currency to charter certain national banking associations (community development banks) that will: (1) engage primarily in community development activities; (2) be capitalized by insured depository institutions as its shareholders; and (3) provide credit, capital, and related services to revitalize distressed urban and rural communities. Restricts such a bank's loans and investments to provide a reasonable economic return to the bank and its shareholders consistent with its primary community development purpose. Mandates: (1) such bank's coordination with certain Federal agencies regarding its community development activities; and (2) an annual onsite examination to evaluate its compliance with this Act and its record of meeting community credit needs. Title II: Conforming Amendments - Amends the Federal Credit Union Act to: (1) authorize the National Credit Union Administration Board (the Board) to provide technical assistance to community development credit unions by using the interest earned from authorized investments in Treasury securities; and (2) direct the Board to study and report to certain congressional committees on regulatory and legislative changes that may be necessary to ensure the viability and productivity of community development activities by credit unions.

Community Development Bank Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficient and Environmentally Friendly Automobile Tax Credit Act of 2008''. SEC. 2. CREDIT FOR REPLACING AN AUTOMOBILE WITH A MORE FUEL-EFFICIENT AUTOMOBILE. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 30C the following new section: ``SEC. 30D. CREDIT FOR REPLACING AN AUTOMOBILE WITH A MORE FUEL- EFFICIENT AUTOMOBILE. ``(a) In General.--In the case of an eligible purchase by an eligible taxpayer of a passenger automobile, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the lesser of-- ``(1) the cost of the passenger automobile, or ``(2) $2,000. ``(b) Eligible Purchase.--For purposes of this section-- ``(1) In general.--The term `eligible purchase' means any purchase of a passenger automobile if-- ``(A) the taxpayer sells another passenger automobile within a reasonable period surrounding such purchase, and ``(B) the average fuel economy of the purchased automobile is at least 20 percent better than the average fuel economy of the sold automobile. ``(2) Passenger automobile.--The term `passenger automobile' has the meaning given such term in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act (42 U.S.C. 7521 et seq.). Such term includes a light truck (within the meaning of such regulations). ``(3) Fuel economy.--Average fuel economy shall be determined as provided in section 30B(h)(2). ``(c) Eligible Taxpayer.--For purposes of this section-- ``(1) In general.--The term `eligible taxpayer' means-- ``(A) any individual, and ``(B) any qualified business. ``(2) Qualified business.--The term `qualified business' means any sole proprietorship, partnership, or corporation if-- ``(A) at least 40 percent of its total gross income for the taxable year is derived from the active conduct of transporting persons or property for hire, and ``(B) in the case of a partnership or corporation, all of the equity interests in which are held by 1 individual. ``(3) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as 1 person for purposes of paragraph (2). ``(d) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.--The credit allowed under subsection (a) (after the application of paragraph (1)) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax liability (as defined in section 26(b)) reduced by the sum of the credits allowable under subpart A and sections 27, 30, 30B, and 30C, over ``(B) the tentative minimum tax for the taxable year. ``(e) Special Rules.-- ``(1) Exception for business vehicles.--Except in the case of a qualified business, subsection (a) shall apply only to passenger automobiles substantially all of the use of which is for personal, nonbusiness purposes. ``(2) Limitation on vehicles being replaced.--Except in the case of a qualified business, subsection (b)(1)(A) shall apply only to passenger vehicles which were substantially and regularly used by the taxpayer for personal, nonbusiness purposes. ``(3) Basis reduction.--The basis of any passenger automobile for which credit is allowed under subsection (a) shall be reduced by the amount of such credit.''. (b) Technical Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (31), by striking the period at the end of paragraph (32) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(33) the portion of the credit under section 30D (relating to credit for replacing an automobile with a more fuel-efficient automobile) to which section 30D(d)(1) applies.''. (2) Section 55(c)(2) of such Code is amended by inserting ``30D(d)(2),'' after ``30C(d)(2),''. (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30C the following new item: ``Sec. 30D. Credit for replacing an automobile with a more fuel- efficient automobile.''. SEC. 3. DEDUCTION FOR STATE AND LOCAL TAXES IMPOSED ON PURCHASE OF MORE FUEL-EFFICIENT AUTOMOBILES. Subsection (a) of section 165 of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by adding at the end the following new paragraph: ``(6) State and local taxes imposed on the purchase of any passenger automobile (as defined in section 30D(b)(2)) for which credit is allowed to the taxpayer under section 30D.''. SEC. 4. DEDUCTION FOR INTEREST ON LOANS USED TO PURCHASE MORE FUEL- EFFICIENT AUTOMOBILES. Paragraph (2) of section 163(h) of the Internal Revenue Code of 1986 (defining personal interest) is amended by striking ``and'' at the end of subparagraph (E), by striking the period at the end of subparagraph (F) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(G) any interest paid or accrued on indebtedness incurred to purchase a passenger automobile (as defined in section 30D(b)(2)) for which credit is allowed to the taxpayer under section 30D.''. SEC. 5. EFFECTIVE DATE. The amendment made by this Act shall apply vehicles purchased after the date of the enactment of this Act in taxable years ending after such date.

Energy Efficient and Environmentally Friendly Automobile Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow individual and business taxpayers: (1) a tax credit for up to $2,000 of the cost of replacing a passenger automobile with another passenger automobile that is at least 20% more fuel efficient; and (2) tax deductions for state and local taxes and loan interest for the replacement automobile.

To amend the Internal Revenue Code of 1986 to provide tax incentives for replacing an automobile with a more fuel-efficient automobile.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Taxpayer Funding for the Wall Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The construction of a wall along the southern border is estimated to cost tens of billions of taxpayer dollars. (2) On June 16, 2015, in New York, NY, while announcing his candidacy for President of the United States, Mr. Donald Trump stated ``I would build a great wall, and nobody builds walls better than me, believe me, and I'll build them very inexpensively. I will build a great, great wall on our southern border. And I will have Mexico pay for that wall. Mark my words.''. (3) On July 31, 2015 in Turnberry, Scotland, during an interview on CNN, Mr. Donald Trump stated ``I will build the wall and Mexico's going to pay for it and they will be happy to pay for it. Because Mexico is making so much money from the United States that that's going to be peanuts and all these other characters say, `Oh, they won't pay, they won't pay.' They don't know the first thing about how to negotiate. Trust me, Mexico will pay for it.''. (4) On February 25, 2016, in Houston, TX, during a Republican Presidential Debate, Mr. Donald Trump stated, ``We have a trade deficit with Mexico of $58 billion dollars a year, and that doesn't include all the drugs that are pouring across and destroying our country. We're going to make them pay for that wall.''. (5) On August 23, 2015, during an interview on Justice with Judge Jeanine, Mr. Donald Trump stated, ``We're going to build a wall. It's going to be a great wall. Mexico is going to pay for it.''. (6) On August 31, 2016, in Phoenix, AZ, during a rally, Mr. Donald Trump stated, ``We will build a great wall along the southern border and Mexico will pay for the wall. One hundred percent. They don't know it yet, but they're going to pay for the wall.''. (7) On January 10, 2017, General John Kelly, President- elect Trump's nominee for Secretary of Homeland Security, stated during his Senate confirmation hearing, ``A physical barrier in and of itself--certainly as a military person that understands defense and defenses--a physical barrier in and of itself will not do the job, it has to be really a layered defense.''. SEC. 3. PROHIBITION ON USE OF CERTAIN FEDERAL FUNDS. (a) In General.-- (1) Federal prohibition.--Notwithstanding any other provision of law, no Federal department or agency, including the Department of Homeland Security, may obligate or expend any Federal funds (including any funds previously appropriated for such purpose or any fee revenue generated by the Department of Homeland Security or any other Federal department or agency) to carry out section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) or any other related provision of law, or to otherwise build a border fence, related physical barriers or infrastructure, or wall along the southern border of the United States, including to carry out any activities related to such construction. (2) State prohibition.--Notwithstanding any other provision of law, a State that has received or receives any Federal funding in the form of a grant from the Department of Homeland Security or any other Federal department or agency may not use such funding to carry out section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) or any other related provision of law, or to otherwise build a border fence, related physical barriers or infrastructure, or wall along the southern border of the United States, including to carry out any activities related to such construction. (3) Foreign payment required.--The President is authorized to enter into a binding, written, and enforceable treaty, approved by the Senate, with a foreign country to pay for the costs associated with carrying out section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) or any other related provision of law, or otherwise building a border fence, related physical barriers or infrastructure, or wall along the southern border of the United States, including carrying out any activities related to such construction. (b) Audit and Penalty.-- (1) Audit.--Not later than 180 days after the end of each fiscal year, the Comptroller General of the United States shall conduct an audit of each Federal department and agency under subsection (a)(1) and each State that has received or is receiving any Federal funding under subsection (a)(2) to assess compliance with the prohibition under such subsections for such preceding fiscal year. (2) Penalty.--If the Comptroller General of the United States is unable to confirm the compliance with the prohibitions under subsection (a) by a Federal department or agency or by a State pursuant to an audit conducted under paragraph (1), notwithstanding any other provision of law-- (A) in the case of Federal department or agency, the Office of Management and Budget may not obligate or expend more than 25 percent of funds authorized to be appropriated for such Office for the fiscal year during which such audit is conducted, until such time as the Comptroller General is able to confirm such compliance; and (B) in the case of a State, the heads of appropriate Federal departments and agencies shall take such steps as may be necessary to reduce the amount of Federal funds that are made available to such State and to require such State to repay such amounts previously made available, as appropriate, until such time as the Comptroller General is able to confirm such compliance. (c) Sense of Congress.--It is the sense of Congress that the funding prohibition under this section should not interfere with the responsibility of the Secretary of Homeland Security to take actions as may be required to secure the southern border of the United States. SEC. 4. OVERSIGHT. The Inspector General of the Federal department or agency responsible for carrying out the treaty referred to in section 3(a)(3) shall oversee the use of funds received and expended pursuant to such treaty to carry out the Secure Fence Act of 2006, section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), or any other related provision of law, or to otherwise build a border fence, related physical barriers or infrastructure, or wall along the southern border of the United States, including to carry out any activities related to such construction. Such oversight shall include oversight regarding the use of high risk contractor practices, including limited or sole source contracting, any cost overruns, significant delays in contract execution, and departmental contract management and oversight of such funds. SEC. 5. BUDGETARY IMPACT. (a) In General.--The Director of the Office of Management and Budget shall include a statement of budgetary impact, including costs, benefits, and revenues, as a result of and related to any executive order or presidential memorandum issued relating to border security during the period of fiscal year 2017 through fiscal year 2021. (b) Contents.--Any statement under subsection (a) shall include-- (1) a narrative summary of the budgetary impact of such order or memorandum on the Federal Government; (2) the impact on mandatory and discretionary obligations and outlays as the result of such order or memorandum, listed by Federal department and agency, for each year in the 5- fiscal-year period beginning in fiscal year 2017; and (3) the impact on revenues of the Federal Government as the result of such order or memorandum over the 5-fiscal-year period beginning in fiscal year 2017. SEC. 6. WEBSITE. The Director of the Office of Management and Budget shall establish a publicly available website to track and display funds received from other non-Federal sources, including foreign governments, to carry out the Secure Fence Act of 2006, section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), or any other related provision of law, or to otherwise build a border fence, related physical barriers or infrastructure, or wall along the southern border, including to carry out any activities related to such construction. Such website shall be updated at least monthly to accurately reflect data on funds received by source and by date and on the obligation and expenditure of such funds.

No Taxpayer Funding for the Wall Act This bill prohibits: (1) any federal agency from obligating or expending any federal funds to carry out provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 regarding barriers at the border or any related provision of law or to otherwise build a border fence, wall, or related physical barriers along the U.S. southern border; and (2) a state from using federal grant funds for such purpose. The Government Accountability Office (GAO) must conduct an audit each fiscal year to assess compliance with such prohibition. If the GAO is unable to confirm compliance, the Office of Management and Budget and federal agencies must take specified actions to reduce funds for federal agencies and states until the GAO is able to confirm compliance. The bill authorizes the President to enter into a treaty, approved by the Senate, with a foreign country to pay for the costs associated with carrying out such border barrier activities. The Inspector General of the federal agency responsible for carrying out such treaty shall oversee the use of funds received and expended pursuant to such treaty. The OMB shall: (1) include a statement of budgetary impact of and related to any executive order or presidential memorandum issued relating to border security during FY2017-FY2021; and (2) establish a publicly available website to track and display funds received from other non-federal sources, including foreign governments, to build a barrier along the souther border.

No Taxpayer Funding for the Wall Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Livestock Industry Fairness and Enhancement Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Mandatory livestock market reporting. Sec. 3. Collection, collation, and reporting of data and statistics related to production of swine, pork, and pork products. Sec. 4. Report on jurisdiction, duties, and authorities of Secretary of Agriculture regarding packers, livestock, and livestock products. Sec. 5. Retail price report of representative meat products. Sec. 6. Regulations. SEC. 2. MANDATORY LIVESTOCK MARKET REPORTING. (a) Reporting Required.--The Agricultural Marketing Act of 1946 is amended by inserting after section 203 (7 U.S.C. 1622) the following new section: ``SEC. 203A. MANDATORY LIVESTOCK MARKET REPORTING. ``(a) Definitions.--In this section: ``(1) Livestock.--The term `livestock' means cattle, sheep, and swine, whether live or dead. ``(2) Livestock product.--The term `livestock product' means any product or byproduct produced or processed in whole or in part from livestock, including boxed beef, boxed lamb, and any value-added product derived from pork. ``(3) Packer.--Subject to subsection (b)(1), the term `packer' means any person engaged in the business of-- ``(A) buying livestock in commerce for purposes of slaughter; ``(B) manufacturing or preparing livestock products for sale or shipment in commerce; or ``(C) marketing livestock products in an unmanufactured form acting as a wholesale broker, dealer, or distributor in commerce. ``(4) Prices, volume, and terms of sale.--The term `prices, volume, and terms of sale' includes base price, premium and discount price factors, formula-based pricing systems, quality characteristics (including percent lean and carcass weight), and any current or future contract offered by a packer. ``(5) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(b) Mandatory Reporting Required.-- ``(1) Packers subject to requirement.--This subsection applies only to a packer that the Secretary estimates is engaged in the business of buying, manufacturing, preparing, or marketing more than five percent (by daily volume) of-- ``(A) all cattle, all sheep, or all swine that are bought, prepared, or marketed in the United States; ``(B) all livestock products that are bought, manufactured, prepared, or marketed in the United States; or ``(C) any combination of subparagraphs (A) and (B). ``(2) Required information.--The Secretary shall require each packer described in paragraph (1) to report to the Secretary, in such manner as the Secretary shall require, such information relating to prices, volume, and terms of sale for the procurement of domestic and imported livestock and livestock products as the Secretary determines is appropriate. ``(3) Administration.--In carrying out paragraph (2), the Secretary shall require packers described in paragraph (1)-- ``(A) to separately report domestic and imported livestock and livestock products; and ``(B) to report the information required under paragraph (2) by the next business day, as defined by the Secretary. ``(4) Noncompliance.--It shall be unlawful for any packer described in paragraph (1) to knowingly fail or refuse to provide to the Secretary information required under paragraph (2). ``(5) Verification.--The Secretary may take such actions as are necessary to verify the accuracy of the information required under paragraph (2), regardless of the source of the information. ``(6) Cease and desist and civil penalty.-- ``(A) In general.--If the Secretary has reason to believe that a packer described in paragraph (1) is violating this subsection (or a regulation issued under this subsection), the Secretary may issue an order to cease and desist from continuing the violation and assess a civil penalty of not more than $10,000 for each violation. The order shall be issued only after notice and an opportunity for hearing is provided to the packer. ``(B) Factors.--In determining the amount of a civil penalty to be assessed under subparagraph (A), the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the ability of the packer to continue in business. ``(7) Referral to attorney general.--If, after expiration of the period for appeal or after the affirmance of a civil penalty assessed under paragraph (6), the packer against whom the civil penalty is assessed fails to pay the civil penalty, the Secretary may refer the matter to the Attorney General, who may recover the amount of the civil penalty in a civil action in United States district court. ``(c) Voluntary Reporting.--The Secretary shall encourage voluntary reporting by packers that are not subjected to a mandatory reporting requirement under subsection (b). ``(d) Availability of Information.-- ``(1) Timely availability.--The Secretary shall make information received under this section available to the public in a timely manner to permit the use of the information while it is still relevant. ``(2) Limitations.--The disclosure of information under paragraph (1) may be made only in a form that ensures the following: ``(A) The identity of the parties involved in any transaction described in a report is not disclosed. ``(B) The identity of the packer submitting a report is not disclosed. ``(C) The confidentiality of proprietary business information is otherwise protected. ``(e) Effect on Other Laws.--Nothing in this section restricts or modifies the authority of the Secretary to collect voluntary reports in accordance with other provisions of law. ``(f) Termination of Mandatory Requirement.--The reporting requirement established by subsection (b) shall expire at the end of the three-year period beginning on the date of the enactment of this section.''. (b) Repeal of Pilot Price Reporting Investigation.--Section 416 of the Packers and Stockyards Act, 1921 (7 U.S.C. 229a), as added by section 1127(a) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (as contained in section 101(a) of division A of Public Law 105-277), is repealed. SEC. 3. COLLECTION, COLLATION, AND REPORTING OF DATA AND STATISTICS RELATED TO PRODUCTION OF SWINE, PORK, AND PORK PRODUCTS. The Agricultural Marketing Act of 1946 is amended by inserting after section 203A (as added by section 2 of this Act) the following new section: ``SEC. 203B. SPECIAL REPORTING AND MEASUREMENT REQUIREMENTS REGARDING SWINE. ``(a) Definitions.--In this section: ``(1) Packer.--The term `packer' has the meaning given the term in section 203A(a). ``(2) Swine.--The term `swine' means the porcine animal raised for feeder pigs, seedstock, or slaughter. ``(3) Barrow.--The term `barrow' means a neutered male swine. ``(4) Gilt.--The term `gilt' means a young female swine, one that has not produced a litter. ``(5) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(b) Swine Inventory Report Improvement.-- ``(1) New reporting requirement.--As soon as practicable after the date of the enactment of this section, the Secretary of Agriculture shall implement a reporting procedure that results in a monthly report of the inventory of swine located on farms and other confinement or production areas, in the 17 leading pork producing States in the United States. The reporting procedure shall include in a separate category the number of bred female swine that are assumed, or have been confirmed, as pregnant during the reporting period. ``(2) Effect on existing report.--The Secretary shall continue to maintain and publish the current quarterly report known as the ``Hogs and Pigs Inventory Report'' for a period of not less than eight quarters after the inception of the monthly report initiated under paragraph (1). ``(3) Availability of report.--The monthly report referred to in paragraph (1) shall be made available to swine producers, packers, market analysts and researchers, and such other persons and entities as the Secretary determines to be in the public interest. The quarterly report continued as provided in paragraph (2) shall be designed to be provided to those same persons or entities intended to receive the monthly report so as to provide them with a data overlap period until the monthly report is fully functional. ``(c) Carcass Measurement and Value Pricing.-- ``(1) Lean content measurements.--As soon as practicable after the date of the enactment of this section, the Secretary shall conduct a study and survey and issue regulations requiring packers to implement a program to measure the lean content (containing little or no fat) of swine carcasses using trained and impartial personnel. In issuing the regulation, the Secretary shall provide for the administration of the program and inspection of such packer operations by personnel of the Grain Inspection, Packers and Stockyards Administration. ``(2) Implementation report.--Not later than six months after the date of the enactment of this section, the Secretary shall submit to Congress a report setting forth the actions taken to implement this subsection. The report shall set forth the numbers and names of packers who have initiated such a measurement program on a voluntary basis, the percentage of the packing industry that has initiated such voluntary programs, the date such voluntary programs were initiated, the estimated cost to packers to implement a voluntary program, the estimated cost to be incurred by packers to implement the mandatory program required by paragraph (1), and other benefits that may accrue from the program. ``(3) Inspection of equipment.--This paragraph applies to a packer that slaughters more than five percent (by daily volume) of all swine that are bought, prepared, or marketed in the United States. All equipment used by such a packer in the measurement and determination of the value of swine shall be subject to inspection by personnel of the Grain Inspection, Packers and Stockyards Administration designated by the Secretary. All formulas and pricing procedures used to determine the value of swine by such a packer may be obtained by the Secretary who shall ensure its publication as determined by the Secretary. ``(d) Barrow and Gilt Slaughter.--The Secretary shall promptly obtain, either through a valid reporting procedure for a packer described in subsection (c)(3) or other valid statistical sampling procedure at packing plants as determined by the Secretary, data on the division of the total market slaughter of swine that reflects differences in numbers between barrows and gilts. Such information shall be made available to swine producers in a report published by the Secretary.''. SEC. 4. REPORT ON JURISDICTION, DUTIES, AND AUTHORITIES OF SECRETARY OF AGRICULTURE REGARDING PACKERS, LIVESTOCK, AND LIVESTOCK PRODUCTS. (a) Report Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report describing the jurisdiction, power, duties, and authorities of the Secretary over packers, livestock, livestock products, and interstate commerce in livestock and livestock products under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.), the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), and all other related laws, such as sections 6, 8, 9, and 10 of the Federal Trade Commission Act (as referred to in section 402 of the Packers and Stockyards Act, 1921 (7 U.S.C. 222)). (b) Content.--With respect to such jurisdiction, power, duties, and authorities, the report shall address the following: (1) The burdens on, and obstructions to, interstate commerce in livestock and livestock products by packers and other persons who enter into arrangements with packers that are contrary to, or do not protect, the public interest. (2) Non-competitive pricing arrangements between or among packers, or other persons involved in the processing, distribution, or sale of livestock or livestock products to consumers, including those provided for in contracts for the purchase of livestock. (3) Measures to provide transparency to, and effective monitoring of, contracts entered into between packers and livestock producers. (4) Investigations that relate to, and affect the disclosure of, transactions involved in the business of packers involved in the ownership of such businesses, the pricing of livestock to producers, and the pricing of livestock products in the entire merchandising chain. (5) Cooperation and enhancement by the Secretary with the enforcement of actions initiated by other Federal agencies to protect trade and commerce in the livestock and livestock product industries against unlawful restraints and monopolies. (c) Definitions.--In this section, the terms ``packer'', ``livestock'', and ``livestock products'' have the meaning given such terms in section 203A of the Agricultural Marketing Act of 1946, as added by section 2 of this Act. SEC. 5. REPORT ON THE ABILITY OF THE SECRETARY OF AGRICULTURE TO PROVIDE RELIABLE PERIODIC RETAIL PRICE REPORTS. Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report describing the ability of the Department of Agriculture to provide reliable periodic reports of the retail prices of representative meat products. The report shall include at least the following: (1) Existing private and public retail price reporting services. (2) Existing authorities to use, interpret, and publish data from such services, and any additional authorities necessary to improve the use, interpretation, and publication of such data. (3) Opportunities to cooperate with other Federal and State agencies. SEC. 6. REGULATIONS. (a) Issuance of Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall issue such regulations as the Secretary considers necessary to implement the amendments made by this Act. The Secretary shall issue the regulations without regard to the following: (1) The notice and comment provisions of section 553 of title 5, United States Code. (2) The Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking. (3) Chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act). (b) Congressional Review of Agency Rulemaking.--In issuing regulations under subsection (a), the Secretary of Agriculture shall use the authority provided under section 808(2) of title 5, United States Code.

Livestock Industry Fairness and Enhancement Act - Amends the Agricultural Marketing Act of 1946 to establish a temporary mandatory livestock reporting program for certain packers regarding livestock and livestock product prices, volume, and terms of sale. Amends the Packers and Stockyards Act, 1921, as amended by the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (as contained in P.L. 105-277) to repeal the pilot price reporting investigation. (Sec. 3) Amends the Agricultural Marketing Act of 1946 to provide for a monthly collection and reporting of specified data and statistics regarding swine, pork, and pork product production. (Sec. 4) Directs the Secretary of Agriculture to report on the Secretary's: (1) jurisdiction, duties, and authorities regarding packers, livestock, and livestock products; and (2) ability to provide reliable periodic retail price reports.

Livestock Industry Fairness and Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety Net Preservation Act of 1999''. SEC. 2. NEW PROSPECTIVE PAYMENT SYSTEM FOR FEDERALLY-QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS. (a) In General.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (13)-- (A) in subparagraph (A), by adding ``and'' at the end; (B) in subparagraph (B), by striking ``and'' at the end; and (C) by striking subparagraph (C); and (2) by inserting after paragraph (14) the following new paragraph: ``(15) for payment for services described in clause (B) or (C) of section 1905(a)(2) under the plan in accordance with subsection (aa);''. (b) New Prospective Payment System.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following: ``(aa) Payment for Services Provided by Federally-Qualified Health Centers and Rural Health Clinics.-- ``(1) In general.--Beginning with fiscal year 2000 and each succeeding fiscal year, the State plan shall provide for payment for services described in section 1905(a)(2)(C) furnished by a Federally-qualified health center and services described in section 1905(a)(2)(B) furnished by a rural health clinic in accordance with the provisions of this subsection. ``(2) Fiscal year 2000.--Subject to paragraph (4), for services furnished during fiscal year 2000, the State plan shall provide for payment for such services in an amount (calculated on a per visit basis) that is equal to 100 percent of the costs of the center or clinic of furnishing such services during fiscal year 1999 which are reasonable and related to the cost of furnishing such services, or based on such other tests of reasonableness as the Secretary prescribes in regulations under section 1833(a)(3), or, in the case of services to which such regulations do not apply, the same methodology used under section 1833(a)(3), adjusted to take into account any increase in the scope of such services furnished by the center or clinic during fiscal year 2000. ``(3) Fiscal year 2001 and succeeding fiscal years.-- Subject to paragraph (4), for services furnished during fiscal year 2001 or a succeeding fiscal year, the State plan shall provide for payment for such services in an amount (calculated on a per visit basis) that is equal to the amount calculated for such services under this subsection for the preceding fiscal year-- ``(A) increased by the percentage increase in the MEI (as defined in section 1842(i)(3)) applicable to primary care services (as defined in section 1842(i)(4)) for that fiscal year; and ``(B) adjusted to take into account any increase in the scope of such services furnished by the center or clinic during that fiscal year. ``(4) Establishment of initial year payment amount for new centers or clinics.--In any case in which an entity first qualifies as a Federally-qualified health center or rural health clinic after fiscal year 1999, the State plan shall provide for payment for services described in section 1905(a)(2)(C) furnished by the center or services described in section 1905(a)(2)(B) furnished by the clinic in the first fiscal year in which the center or clinic so qualifies in an amount (calculated on a per visit basis) that is equal to 100 percent of the costs of furnishing such services during such fiscal year in accordance with the regulations and methodology referred to in paragraph (2). For each fiscal year following the fiscal year in which the entity first qualifies as a Federally-qualified health center or rural health clinic, the State plan shall provide for the payment amount to be calculated in accordance with paragraph (3). ``(5) Administration in the case of managed care.--In the case of services furnished by a Federally-qualified health center or rural health clinic pursuant to a contract between the center or clinic and a managed care entity (as defined in section 1932(a)(1)(B)), the State plan shall provide for payment to the center or clinic (at least quarterly) by the State of a supplemental payment equal to the amount (if any) by which the amount determined under paragraphs (2), (3), and (4) of this subsection exceeds the amount of the payments provided under the contract. ``(6) Alternative payment methodologies.--Notwithstanding any other provision of this section, the State plan may provide for payment in any fiscal year to a Federally-qualified health center for services described in section 1905(a)(2)(C) or to a rural health clinic for services described in section 1905(a)(2)(B) in an amount which is determined under an alternative payment methodology that-- ``(A) is agreed to by the State and the center or clinic; and ``(B) results in payment to the center or clinic of an amount which is at least equal to the amount otherwise required to be paid to the center or clinic under this section.''. (c) Conforming Amendments.-- (1) Section 4712 of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 508) is amended by striking subsection (c). (2) Section 1915(b) of the Social Security Act (42 U.S.C. 1396n(b)) is amended by striking ``1902(a)(13)(E)'' and inserting ``1902(a)(15), 1902(aa),''. (d) Effective Date.--The amendments made by this section take effect on October 1, 1999, and apply to services furnished on or after such date.

Safety Net Preservation Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to establish a new prospective payment system for federally-qualified health centers and rural health clinics.

Safety Net Preservation Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Disaster Fairness in Contracting Act of 2008''. SEC. 2. COMPETITION REQUIREMENTS. In entering into a contract to procure property or services in connection with natural disaster reconstruction efforts, the head of an executive agency shall comply with the requirements under section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253), except that the exceptions to the requirement for competitive procedures provided under paragraphs (3), (4), and (7) of subsection (c) of such section shall not apply to such contract. SEC. 3. WRITTEN APPROVAL FOR USE OF NON-COMPETITIVE PROCEDURES REQUIRED FOR CERTAIN CONTRACTS. (a) Approval Required.--The head of an executive agency may enter into a contract to procure property or services in connection with natural disaster reconstruction efforts using other than full and open competition only upon the written approval of the President or the President's designee. (b) Congressional Notification Required.--In any case in which procedures other than full and open competitive procedures are to be used to enter into such a contract, the head of such executive agency shall submit not later than 7 calendar days before the award of the contract a notification to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the standing committees of the Senate and the House of Representatives that have jurisdiction over the executive agency. Such notification shall provide the justification for use of other than full and open competitive procedures, a brief description of the contract's scope, the amount of the contract, a discussion of how the contracting agency identified and solicited offers from contractors, a list of the contractors solicited, and the justification and approval documents (as required under section 303(f)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) on which was based the determination of use of procedures other than full and open competitive procedures. (c) Scope of Requirements.-- (1) Size of contracts.--This section shall not apply to contracts of less than $5,000,000. (2) Applicability.--This section also shall apply to any extension, amendment, or modification of contracts for the procurement of property or services in connection with natural disaster reconstruction efforts entered into prior to the enactment of this Act using other than full and open competitive procedures. (3) Small business exception.--This section shall not apply to contracts authorized by the Small Business Act (15 U.S.C. 631 et seq.). SEC. 4. DISCLOSURE REQUIRED. (a) Publication and Public Availability.-- (1) In general.--The head of an executive agency that enters into a contract for the procurement of property or services in connection with natural disaster reconstruction efforts through the use of other than full and open competitive procedures shall publish in the Federal Register or Federal Business Opportunities, and otherwise make available to the public not later than 7 calendar days before the date on which the contract is entered into, the following information: (A) The amount of the contract. (B) A brief description of the scope of the contract. (C) A discussion of how the executive agency identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers. (D) The justification and approval documents (as required under section 303(f)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) on which was based the determination to use procedures other than competitive procedures. (2) Scope of requirements.-- (A) Size of contracts.--This section shall not apply to contracts of less than $5,000,000. (B) Applicability.--This section shall also apply to any extension, amendment, or modification of contracts entered into prior to the enactment of this Act using other than full and open competitive procedures. (C) Small business exception.--This section shall not apply to contracts authorized by the Small Business Act (15 U.S.C. 631 et seq.). (b) Relationship to Other Disclosure Laws.--Nothing in this section shall be construed as affecting obligations to disclose United States Government information under any other provision of law. SEC. 5. CONTRACTS ENTERED INTO UNDER UNUSUAL AND COMPELLING URGENCY EXCEPTION. (a) Requirement for Performance Within 6-Month Period.--The head of an executive agency may not rely on the exception provided under section 303(c)(2) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(2)) to enter into a contract to procure property or services in connection with natural disaster reconstruction efforts using procedures other than competitive procedures unless the contract will be performed within a 6-month period. (b) Extended Notification and Disclosure Deadlines.--The notification and disclosure deadlines specified in section 3(b) and section 4(a)(1), respectively, shall be 7 calendar days after the date a contract is entered into in the case of a contract described in subsection (a). SEC. 6. DEFINITIONS. In this Act: (1) Executive agency.--The term ``executive agency'' has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). (2) Full and open competitive procedures.--The term ``full and open competition'' has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). (3) Natural disaster reconstruction efforts.--The term ``natural disaster reconstruction efforts'' means reconstruction efforts undertaken in an area subject to a declaration by the President of a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).

Natural Disaster Fairness in Contracting Act of 2008 - Requires agencies, in entering into a contract to procure property or services in connection with natural disaster reconstruction efforts, to use specified competitive procedures. Allows agencies to enter into a contract to procure property or services in connection with such reconstruction efforts using other than full and open competition only upon the written approval of the President or the President's designee. Requires congressional notification when procedures other than full and open competitive procedures are to be used. Instructs agencies that enter into a contract for the procurement of property or services in connection with such reconstruction efforts through the use of other than full and open competitive procedures to publish in the Federal Register or Federal Business Opportunities and otherwise make available to the public specified information concerning the contract. Permits the use of noncompetitive procedures by agencies when: (1) a contract will be performed within a six-month period; and (2) the need for the property or services is of such an unusual and compelling urgency that the government would otherwise be seriously injured.

A bill to provide for full and open competition for Federal contracts related to natural disaster reconstruction efforts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kids in Disasters Well-being, Safety, and Health Act of 2007''. SEC. 2. DEFINITION. In this Act, the terms ``child'' and ``children'' mean an individual or individuals, respectively, who have not attained 18 years of age. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``National Commission on Children and Disasters'' (referred to in this Act as the ``Commission''). SEC. 4. PURPOSES OF COMMISSION. The purposes of the Commission are to-- (1) conduct a comprehensive study to examine and assess the needs of children as they relate to preparation for, response to, and recovery from all hazards, including major disasters and emergencies; (2) build upon the investigations of other entities and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of other commissions, Federal, State, and local governments, or nongovernmental entities, relating to the needs of children as they relate to preparation for, response to, and recovery from all hazards, including major disasters and emergencies; and (3) submit a report to the President and Congress on specific findings, conclusions, and recommendations to address the needs of children as they relate to preparation for, response to, and recovery from all hazards, including major disasters and emergencies. SEC. 5. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President; (2) 1 member, who is of a different political party than that of the member appointed under paragraph (1), shall be appointed by the President; (3) 2 members shall be appointed by the majority leader of the Senate; (4) 2 members shall be appointed by the minority leader of the Senate; (5) 2 members shall be appointed by the Speaker of the House of Representatives; and (6) 2 members shall be appointed by the minority leader of the House of Representatives. (b) Chairperson and Vice-Chairperson Selection.--The Chairperson and Vice Chairperson shall be elected from among members of the Commission. (c) Governmental Appointees.--An individual appointed to the Commission may not be an official or employee of the Federal Government. (d) Commission Representation.--The Commission shall include-- (1) representatives from private nonprofit entities with demonstrated expertise in addressing the needs of children as they relate to preparation for, response to, and recovery from all hazards, including major disasters and emergencies; and (2) State emergency managers and local emergency managers. (e) Qualifications.--Members appointed under subsection (a) shall include-- (1) individuals involved with providing services to children, including health, education, housing, and other social services, including grant and entitlement programs; (2) individuals with experience in emergency management, including coordination of resources and services among State and local governments, the Federal Government, and nongovernmental entities; (3) individuals with philanthropic experience focused on the needs of children; (4) individuals with experience in providing donated goods and services, including personnel services, to meet the needs of children and families as they relate to preparation for, response to, and recovery from all hazards, including major disasters and emergencies; and (5) individuals who have conducted academic research into related issues. (f) Appointments.--All members of the Commission shall be appointed not later than 90 days after the date of enactment of this Act. (g) Initial Meeting.--The Commission shall meet and begin the operations of the Commission not later than 120 days after the date of enactment of this Act. (h) Quorum and Vacancy.-- (1) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (2) Vacancy.--Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner in which the original appointment was made. SEC. 6. DUTIES OF COMMISSION. The Commission shall-- (1) conduct a comprehensive study that examines and assesses the needs of children as they relate to preparation for, response to, and recovery from all hazards, including major disasters and emergencies, including specific findings relating to-- (A) children's physical and mental health; (B) child care, including in private for-profit and nonprofit settings; (C) child welfare; (D) elementary and secondary education; (E) sheltering, temporary housing, and affordable housing; (F) transportation; (G) entitlement and grant programs; (H) juvenile justice; (I) evacuation; and (J) relevant activities in emergency management; (2) identify, review, and evaluate existing law relevant to the needs of children as they relate to preparation for, response to, and recovery from all hazards, including major disasters and emergencies; (3) identify, review, and evaluate the lessons learned from past disasters and emergencies relative to addressing the needs of children; and (4) submit a report to the President and Congress on the Commission's specific findings, conclusions, and recommendations to address the needs of children as they relate to preparation for, response to, and recovery from all hazards, including major disasters and emergencies, including specific recommendations on the need for planning and establishing a national resource center on children and disasters, coordination of resources and services, administrative actions, policies, regulations, financing, and legislative changes as the Commission considers appropriate. SEC. 7. POWERS OF COMMISSION. (a) Hearings.--The Commission may hold such hearings, meet and act at such times and places, and receive such evidence as may be necessary to carry out the functions of the Commission. (b) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government such information, suggestions, estimates, and statistics as the Commission considers necessary to carry out this Act. (2) Provision of information.--On request of the Chairperson of the Commission, each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, provide the requested information to the Commission. (3) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (c) Assistance From Federal Agencies.-- (1) General services administration.--On request of the Chairperson of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support and other services necessary for the Commission to carry out its duties. (2) Other departments and agencies.--In addition to the assistance provided for under paragraph (1), departments and agencies of the United States may provide to the Commission such services as they may determine advisable and as authorized by law. (d) Contracting.--The Commission may enter into contracts to enable the Commission to discharge its duties under this Act. (e) Donations.--The Commission may accept, use, and dispose of donations of services or property. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as a department or agency of the United States. SEC. 8. STAFF OF COMMISSION. (a) In General.--The Chairperson of the Commission, in consultation with the Vice Chairperson, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, in accordance with the provisions of title 5, United States Code, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Staff of Federal Agencies.--Upon request of the Chairperson of the Commission, the head of any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government may detail, without reimbursement, any of its personnel to the Commission to assist it in carrying out its duties under this Act. Any detail of an employee shall be without interruption or loss of civil service status or privilege. (c) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 9. TRAVEL EXPENSES. Each member of the Commission shall serve without compensation, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. SEC. 10. FEDERAL ADVISORY COMMITTEE ACT APPLICABILITY. The provisions of the Federal Advisory Committee Act shall apply to the Commission, including the staff of the Commission. SEC. 11. REPORTS OF COMMISSION; TERMINATION. (a) Interim Report.--Not later than December 31, 2008, the Commission shall submit to the President and Congress an interim report containing specific findings, conclusions, and recommendations required under this Act as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than 24 months after the date of the enactment of this Act, the Commission shall submit to the President and Congress a final report containing specific findings, conclusions, and recommendations required under this Act as have been agreed to by a majority of Commission members. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate 180 days after the date on which the final report is submitted under subsection (b). (2) Records.--Not later than the date of termination of the Commission under paragraph (1), all records and papers of the Commission shall be delivered to the Archivist of the United States for deposit in the National Archives. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act, $2,000,000 for each of fiscal years 2008 and 2009. Passed the House of Representatives November 6, 2007. Attest: LORRAINE C. MILLER, Clerk.

Kids in Disasters Well-being, Safety, and Health Act of 2007 - Establishes the National Commission on Children and Disasters, which shall: (1) conduct a comprehensive study that assesses childrens' needs as they relate to preparation for, response to, and recovery from all hazards, including major disasters and emergencies; (2) identify, review, and evaluate existing law relevant to such needs; (3) identify, review, and evaluate the lessons learned from past disasters relative to addressing such needs; and (4) report to the President and Congress on its findings and recommendations to address such needs, including regarding the need for a national resource center on children and disasters, coordination of resources and services, administrative actions, policies, regulations, financing, and legislative changes. Sets forth provisions regarding the Commission's powers, staffing, reporting and record-keeping requirements, and termination. Authorizes appropriations.

A bill to establish a National Commission on Children and Disasters, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caring Family Act of 2008''. SEC. 2. CREDIT FOR CARING FOR DEPENDENTS WITH LONG-TERM CARE NEEDS IN TAXPAYER'S HOME. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. FAMILY CARE CREDIT. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $3,000 for each qualified family member with respect to whom the taxpayer is an eligible caregiver for the taxable year. ``(b) Limitations.-- ``(1) Limitation based on number of qualified family members.--The number of qualifying family members which may be taken into account under subsection (a) for the taxable year shall not exceed 2 (4 in the case of a joint return). ``(2) Limitation based on adjusted gross income.-- ``(A) In general.--The amount of the credit allowable under subsection (a) (determined without regard to this paragraph) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(B) Definitions.--For purposes of subparagraph (A)-- ``(i) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(ii) Threshold amount.--The term `threshold amount' means-- ``(I) $200,000 in the case of a joint return, and ``(II) $100,000 in any other case. ``(c) Qualified Family Member.--For purposes of this section-- ``(1) In general.--The term `qualified family member' means, with respect to any taxable year, any individual-- ``(A) who is-- ``(i) the spouse of the taxpayer, or ``(ii) a dependent of the taxpayer with respect to whom the taxpayer is entitled to an exemption under section 151(c), ``(B) who has attained age 60 before the close of the taxable year, ``(C) who is an individual with long-term care needs, and ``(D) who, for more than one-half of the taxable year, has as such individual's principal place of abode the home of the taxpayer and is a member of the taxpayer's household. ``(2) Individuals with long-term care needs.--The term `individual with long-term care needs' means, with respect to any taxable year, an individual who has been certified during such year by a physician (as defined in section 1861(r)(1) of the Social Security Act) as being, for a period of at least 180 consecutive days which includes the date of the certification-- ``(A) an individual who is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(B) an individual who requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(3) Identification requirement.-- ``(A) In general.--No credit shall be allowed under this section to a taxpayer with respect to any qualified family member unless the taxpayer includes on the return of tax for the taxable year-- ``(i) the name and TIN of such member, and ``(ii) the name and TIN of the physician certifying such member. ``(B) Exception for due diligence.--In the case of a failure to provide the information required under subparagraph (A)(ii), such subparagraph shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(d) Special Rules.-- ``(1) Taxable year must be full taxable year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. ``(2) Certain rules to apply.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section.''. (b) Conforming Amendment.--Paragraph (2) of section 6213(g) of such Code (relating to mathematical or clerical error) is amended-- (1) by striking ``and'' at the end of subparagraph (L), by striking the period at the end of subparagraph (M) and inserting ``, and'', and by inserting after subparagraph (M) the following new subparagraph: ``(N) an omission of a correct TIN or physician identification required under section 25E(c)(3) (relating to family care credit) to be included on a return.'', and (2) in the matter preceding clause (i) of subparagraph (L), by inserting ``25E,'' after ``24,''. (c) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Family care credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Caring Family Act of 2008 - Amends the Internal Revenue Code to allow individual taxpayers an income-based tax credit for providing care to family members and dependents with long-term care needs. Allows a $3,000 tax credit for each family member or dependent (not exceeding two in any taxable year) who has reached age 60 and for whom the taxpayer provides long-term care services.

To amend the Internal Revenue Code of 1986 to provide a credit against income tax for individuals who care for certain dependents with long-term care needs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``First-Time Homebuyer Affordability Act of 2001''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--The Congress finds that-- (1) it is desirable to make funds available from individual retirement plans to encourage first time home ownership, and (2) the tax and penalty on the premature withdrawal of funds from individual retirement plans are substantial impediments to making such funds available for that purpose. (b) Policy.--It is the policy of the Congress to remove impediments to home investment by first-time homebuyers by permitting owners of individual retirement plans to direct the trustees of such plans to invest plan funds as home equity or debt in the homes of such owners or in the home of family members who are first-time homebuyers. SEC. 3. CERTAIN RETIREMENT PLANS AUTHORIZED TO MAKE EQUITY INVESTMENTS IN PRINCIPAL RESIDENCES FOR FIRST-TIME HOMEBUYERS. (a) Exemption From Prohibited Transaction Rules.--Section 4975 of the Internal Revenue Code of 1986 (relating to tax on prohibited transactions) is amended by redesignating subsections (h) and (i) as subsections (i) and (j), respectively, and by inserting after subsection (g) the following new subsection: ``(h) Special Rule for Home Equity Participation Arrangements.-- ``(1) In general.--The prohibitions provided in subsection (c) shall not apply to any qualified home equity participation arrangement to the extent that the amount paid to acquire the ownership interest referred to paragraph (2)(A) does not exceed $10,000. ``(2) Qualified home equity participation arrangement.--For purposes of this subsection-- ``(A) In general.--The term `qualified home equity participation arrangement' means an arrangement-- ``(i) under which the trustee of an individual retirement plan, at the direction of the eligible participant, shall acquire an ownership interest in any dwelling unit which within a reasonable period of time (determined at the time the arrangement is executed) is to be used as the principal residence for a first- time homebuyer, and ``(ii) which meets the requirements of subparagraph (B) of this paragraph. ``(B) Ownership interest requirement.--An arrangement shall meet the requirements of this subparagraph if the ownership interest described in subparagraph (A)-- ``(i) is a fee interest in such property (and, in the case of an arrangement which is not otherwise at arm's length, the trustee's fee interest would be reasonable in an arm's length arrangement), ``(ii) by its terms requires repayment in full upon the sale or other transfer of the dwelling unit, and ``(iii) may not be used as security for any loan secured by any interest in the dwelling unit. ``(3) Definitions.--For purposes of this subsection-- ``(A) Eligible participant.--The term `eligible participant' means an individual on whose behalf an individual retirement plan is established. ``(B) First-time homebuyer.--The term `first-time homebuyer' means an individual who-- ``(i) is an eligible participant or qualified family member, and ``(ii) had (and if married, such individual's spouse had) no present ownership interest in a principal residence at any time during the 2-year period before the date of the arrangement. ``(C) Qualified family member.--The term `qualified family member' means a child (as defined in section 151(c)(3)), parent, or grandparent of the eligible participant (or such participant's spouse). Section 152(b)(2) shall apply in determining if an individual is a parent or grandparent of an eligible participant (or such participant's spouse). ``(D) Acquisition; etc.-- ``(i) Acquisition.--The term `acquisition' includes construction, reconstruction, and improvement related to such acquisition. ``(ii) Acquisition cost.--The term `acquisition cost' has the meaning given such term by section 143(k)(3). ``(E) Principal residence.--The term `principal residence' has the same meaning as when used in section 121.''. (b) Effective Date.--The amendment made by this section shall apply to arrangements entered into after the date of the enactment of this Act. SEC. 4. LOANS USED TO ACQUIRE PRINCIPAL RESIDENCES FOR FIRST-TIME HOMEBUYERS. (a) Individual Retirement Plans.--Section 408(e) of the Internal Revenue Code of 1986 (relating to tax treatment of accounts and annuities) is amended by adding at the end thereof the following new paragraph: ``(7) Loans used to purchase a home for first-time homebuyers.-- ``(A) In general.--Paragraph (3) shall not apply to any qualified home purchase loan made by an individual retirement plan. ``(B) Qualified home purchase loan.--For purposes of this paragraph, the term `qualified home purchase loan' means a loan-- ``(i) made by the trustee of an individual retirement plan at the direction of the individual on whose behalf such plan is established, ``(ii) the proceeds of which are used for the acquisition of a dwelling unit which within a reasonable period of time (determined at the time the loan is made) is to be used as the principal residence for a first-time homebuyer, ``(iii) which by its terms requires interest on the loan to be paid not less frequently than monthly, ``(iv) which by its terms requires repayment in full not later than the earlier of-- ``(I) the date which is 15 years after the date of acquisition of the dwelling unit, or ``(II) the date of the sale or other transfer of the dwelling unit, ``(v) which by its terms treats-- ``(I) any amount required to be paid under clause (iii) during any taxable year which is not paid at the time required to be paid, and ``(II) any amount remaining unpaid as of the beginning of the taxable year beginning after the period described in clause (iv), as distributed during such taxable year to the individual on whose behalf such plan is established and subject to section 72(t)(1), and ``(vi) which bears interest from the date of the loan at a rate not less than 2 percentage points below, and not more than 2 percentage points above, the rate for comparable United States Treasury obligations on such date. Nothing in this paragraph shall be construed to require such a loan to be secured by the dwelling unit. ``(C) Limitation on amount of loans.--The amount of borrowings to which paragraph (3) does not apply by reason of this paragraph shall not exceed $10,000. ``(D) Denial of interest deduction.--No deduction shall be allowed under this chapter for interest on any qualified home purchase loan. ``(E) Definitions.--For purposes of this paragraph-- ``(i) First-time homebuyer.--The term `first-time homebuyer' has the meaning given such term by section 4975(h)(3)(B). ``(ii) Acquisition.--The term `acquisition' has the meaning given such term by section 4975(h)(3)(D)(i). ``(iii) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(iv) Date of acquisition.--The term `date of acquisition' means the date-- ``(I) on which a binding contract to acquire the principal residence to which subparagraph (B) applies is entered into, or ``(II) on which construction, reconstruction, or improvement of such a principal residence is commenced.''. (b) Prohibited Transaction.--Section 4975(d) of the Internal Revenue Code of 1986 (relating to exemptions from tax on prohibited transactions) is amended by striking ``or'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``; or'', and by inserting after paragraph (15) the following new paragraph: ``(16) any loan that is a qualified home purchase loan (as defined in section 408(e)(7)(B)).''. (c) Effective Date.--The amendments made by this section shall apply to loans made after the date of the enactment of this Act.

First-Time Homebuyer Affordability Act of 2001 - Amends the Internal Revenue Code to make the tax on prohibited transactions inapplicable to a qualified home equity participation arrangement (one in which up to $10,000 in an individual retirement plan is used to acquire an ownership interest in a dwelling unit that is to be used as the principal residence for a first-time homebuyer). Requires such ownership interest to be a fee interest requiring full repayment. Defines "first-time homebuyer" as an individual on whose behalf an individual retirement plan is established (eligible participant) or a family member (child, parent, or grandparent) who had no present ownership interest in a principal residence during the two-year period before the date of the arrangement.Allows the use of amounts in an individual retirement plan to make loans of up to $10,000 to purchase a home for a first-time homebuyer on behalf of an eligible participant or a family member. Prohibits a related interest deduction.

To amend the Internal Revenue Code of 1986 to provide assistance to first-time homebuyers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Disciplinary Fairness Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Too many juveniles are introduced to the formal criminal justice system for minor behavioral infractions at school. (2) Common behavioral infractions at school often result in suspension, expulsion, or incarceration of the juvenile students involved. (3) Zero-tolerance school discipline policies increase the number of incarcerated juveniles. (4) Research shows that juveniles who are incarcerated are significantly less likely to complete secondary school, experience less human capital development and diminished earnings potential, and are more likely to recidivate and be incarcerated as adults. SEC. 3. SCHOOL DISCIPLINE POLICY. The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended by inserting after title V the following new title: ``TITLE VI--SCHOOL DISCIPLINE POLICY ``SEC. 601. ESTABLISHMENT OF OFFICE. ``(a) In General.--There is hereby established within the Office of Juvenile Justice and Delinquency Prevention an Office of School and Discipline Policy (referred to in this title as the `Office'), headed by a Director appointed by the Administrator of the Office of Juvenile Justice and Delinquency Prevention. ``(b) Purpose.--The purpose of the Office shall be to reduce the number of juveniles who are incarcerated and develop a criminal record based on activity that occurs while the juvenile is at school. ``SEC. 602. DUTIES. ``The Office shall-- ``(1) collect and publish data, in collaboration with the Office for Civil Rights of the Department of Education, relating to the arrest and incarceration of juvenile students for violations of school rules or policies; ``(2) work with States, units of local government, local educational agencies, and non-governmental organizations in order to expand the use of alternatives to detention and incarceration programming in schools in order to reduce the number of juvenile students who are arrested and incarcerated for violating school rules or policies; and ``(3) collect and publish data, in collaboration with the Office of Justice Programs, relating to the relationship between the presence of a school resource officer at a school and the rate of juvenile students who are arrested and incarcerated for violations of school rules or policies. ``SEC. 603. SCHOOL DISCIPLINE POLICY GRANT PROGRAM. ``(a) Grants Authorized.--The Director may make grants to States, units of local government, and local educational agencies in order to further the purpose described in section 601(b). ``(b) Application.--A State, unit of local government, or local educational agency seeking a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require. ``(c) Preference.--The Director shall give preference in awarding grants to an applicant that demonstrates that it has, at the time of submitting an application, begun to take steps to further the purpose described in section 601(b). ``(d) Uses of Funds.--A State, unit of local government or local educational agency that receives a grant under this section shall use such funds for programs that reduce the rate of juvenile students who are arrested and incarcerated for violations of school rules or policies, and any other activity that the Director determines will further the purpose described in section 601(b). ``SEC. 604. DEFINITIONS. ``In this title: ``(1) The term `school' means an elementary school or a secondary school as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(2) The term `school resource officer' has the meaning given such term in section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8). ``(3) The term `local educational agency' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(4) The term `juvenile student' means a juvenile who is enrolled in school. ``SEC. 605. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated such sums as may be necessary for fiscal years 2014 and 2015 to carry out this title.''. SEC. 4. CONDITIONS FOR STATES TO RECEIVE ``COPS ON THE BEAT'' GRANTS. Section 1702(c) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (11), the following new paragraph: ``(12) in the case of an applicant that is a State or unit of local government, provide assurances that-- ``(A) the administration of juvenile justice in the applicant's jurisdiction is consistent with any requirements of the United States Constitution and the 4th, 5th, and 14th amendments to the Constitution, including assurances that-- ``(i) before a juvenile is arrested, the arresting law enforcement officer must have probable cause specific to that juvenile; and ``(ii) juveniles who are arrested must receive adequate procedural due process, including-- ``(I) adequate and timely notice to the juvenile and the juvenile's guardian regarding any court proceedings related to the incident for which the juvenile was arrested; ``(II) representation by an attorney in any court proceeding as a result of which the juvenile could face incarceration; ``(III) protections against self- incrimination; and ``(IV) an opportunity to cross- examine any witness testifying against the juvenile; and ``(B) any contract governing the terms of probation for a juvenile shall not contain any clauses that-- ``(i) the juvenile cannot understand; and ``(ii) in the case of a juvenile student (as such term is defined in section 604 of the Juvenile Justice and Delinquency Prevention Act of 1974), could result in incarceration for violations of school rules or policies.''. SEC. 5. AUTHORITY FOR THE ATTORNEY GENERAL TO ACCESS CERTAIN RECORDS RELATING TO JUVENILE JUSTICE. Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14141) is amended by adding at the end the following: ``(c) Access to Certain Records Relating to Juvenile Justice.--The Attorney General may issue subpoenas requiring the production of any documents relating to any matter which the Attorney General is authorized to investigate under subsection (a).''. SEC. 6. DEPARTMENT OF EDUCATION GRANT PROGRAM. (a) Program Authorized.--From the amounts appropriated to carry out this section, the Secretary of Education (acting through the Office of Civil Rights of the Department of Education) shall make grants to eligible entities to fund training for school personnel in elementary schools and secondary schools on de-escalation techniques to teach the personnel procedures and tactics to mitigate delinquent student behavior which may avoid a referral to law enforcement officials. (b) Application.--To receive a grant under this section, an eligible entity shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require, including information that demonstrates that the eligible entity-- (1) is fully compliant with all applicable Federal school discipline data reporting requirements, including, if applicable, the reporting requirements of section 618 of the Individuals with Disabilities Education Act of 1965 (20 U.S.C. 1418(a)); and (2) has provided complete information to all applicable data surveys of Department of Education, including the Office for Civil Rights. (c) Limitation.--An elementary school or secondary school may only receive assistance under this section during a grant period from 1 eligible entity receiving a grant under this section during the grant period. (d) Definitions.--For purposes of this section: (1) Eligible entity.--The term ``eligible entity'' means a State, unit of general local government, or juvenile justice agency. (2) General esea terms.--The terms ``elementary schools'', ``secondary schools'', and ``State'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) School personnel.--The term ``school personnel'' has the meaning given the term in section 4151 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7161). (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal years 2014 and 2015 to carry out this section.

Student Disciplinary Fairness Act of 2013 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish an Office of School and Discipline Policy for the purpose of reducing the number of juveniles who are incarcerated and develop a criminal record based on activity that occurs while the juvenile is at school. Directs the Office to: (1) collect and publish data relating to the arrest and incarceration of juveniles for violations of school policies or rules; (2) work with states, local governments, and nongovernmental organizations to expand the use of alternatives to detention and incarceration programming in schools; and (3) collect and publish data on the relationship between the presence of a school resource officer at a school and the rate of juveniles who are arrested and incarcerated for violations of school rules or policies. Authorizes the Director of the Office of School and Discipline Policy to make grants to states, local governments, and local educational agencies to reduce the number of juveniles who are incarcerated and develop a criminal record based on activity that occurs while the juvenile is at school. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require state or local government applicants for community policing grants to provide assurances that the administration of juvenile justice in their jurisdictions is consistent with constitutional guarantees of due process and equal protection. Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize the Attorney General to issue subpoenas to access documents relating to actions by governmental and law enforcement officials responsible for the administration of juvenile justice or the incarceration of juveniles. Directs the Secretary of Education to make grants to states, local governments, or juvenile justice agencies to fund training for school personnel in elementary and secondary schools to mitigate delinquent student behavior which may avoid a referral to law enforcement officials.

Student Disciplinary Fairness Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``African Descent Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) The struggle to end discrimination against people of African descent is a global challenge, and one that is central to the United States commitment to human rights. (2) Targeted exclusion, violence, and discrimination against people of African descent continues around the world. (3) Issues range from the fight for ancestral lands in Latin America, hate crimes resulting in injury and death in Europe, profiling and excessive use of force by law enforcement in the United States, and continuing global disparities in health, education, employment, housing, and other sectors. (4) It is imperative that the world actively address the vestiges of slavery and colonialism that have long hindered racial equality and justice and prevented the recognition of the important contributions of people of African descent to the world. (5) The International Decade for People of African Descent, from January 1, 2015, to December 31, 2025, offers an opportunity to address these issues domestically and globally through coordinated government and civil society strategies, including the private sector. SEC. 3. ACTIVITIES OF THE DEPARTMENT OF STATE. (a) Office of Global African Descent Affairs.--Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at the end the following new section: ``SEC. 63. OFFICE OF GLOBAL AFRICAN DESCENT AFFAIRS. ``(a) Establishment of Office.--Not later than 60 days after the date of enactment of this section, the Secretary of State shall establish within the Department of State an Office of Global African Descent Affairs (in this section referred to as the `Office') in the Front Office of the Office of the Undersecretary for Public Diplomacy and Public Affairs. ``(b) Head of Office.-- ``(1) In general.--The head of the Office shall be the Director and Special Advisor to the Secretary on Global African Descent Affairs (in this section referred to as the `Special Advisor'). ``(2) Appointment.--The Director shall be appointed by the Secretary. ``(c) Other Personnel.--The Office shall be supported by two senior Foreign Service officers. ``(d) Functions.--The functions of the Office shall include the following: ``(1) Advise the Secretary and direct activities, policies, programs, and funding relating to the human rights and the advancement of people of African descent internationally, for all bureaus and offices of the Department of State and shall lead the coordination, monitoring, and evaluation of relevant international programs for all other Federal agencies. ``(2) Represent the United States in diplomatic matters relevant to the human rights of people of African descent in contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations, the Organization of Security and Cooperation in Europe, other international organizations of which the United States is a member, relevant multilateral conferences and meetings. ``(3) Lead efforts to promote an international focus on racial equality more broadly, including through diplomatic initiatives with other countries and partnerships and regular and enhanced coordination with international and nongovernmental organizations and the private sector. ``(4) Manage a $3,000,000 fund for people of African descent to invest in efficient and innovative solutions to combat racial discrimination and create economic and political opportunities for people of African descent internationally. ``(5) Develop a uniform set of indicators and standards for monitoring and evaluating foreign policy assistance for people of African descent in Federal agencies. ``(6) Direct, as appropriate, United States Government resources to respond to needs for protection, integration, resettlement, and empowerment of people of African descent in United States Government policies and international programs, including to prevent and respond to discrimination and violence against people of African descent internationally. ``(7) Work in collaboration with the Race, Ethnicity, and Social Inclusion Unit in the Western Hemisphere Bureau Office. ``(8) Compile an annual report on activities of the United States Government relating to people of African descent to fulfill the requirements of this section and the African Descent Act of 2014. ``(e) Definitions.--In this section: ``(1) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and ``(B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. ``(2) People of african descent.--The term `people of African descent' has the meaning given the term in section 5 of the African Descent Act of 2014.''. (b) Annual Human Rights Report.-- (1) In general.--The Foreign Assistance Act of 1961 is amended-- (A) in section 116 (22 U.S.C. 2151n), by adding at the end the following new subsection: ``(h) Status of People of African Descent.-- ``(1) In general.--The report required under subsection (d) shall include, for countries in the Americas, Europe, Asia, and the Middle East, a description of the status of people of African descent in each such country. ``(2) Definition.--In this subsection, the term `people of African descent' has the meaning given the term in section 5 of the African Descent Act of 2014.''; and (B) in section 502B (22 U.S.C. 2304)-- (i) by redesignating the second subsection (i) (as added by section 1207(b)(2) of Public Law 113-4) as subsection (j); and (ii) by adding at the end the following new subsection: ``(k) Status of People of African Descent.-- ``(1) In general.--The report required under subsection (b) shall include, for countries in the Americas, Europe, Asia, and the Middle East, a description of people of African descent in each such country. ``(2) Definition.--In this subsection, the term `people of African descent' has the meaning given the term in section 5 of the African Descent Act of 2014.''. (2) Effective date.--The amendments made this subsection take effect on the date of the enactment of this Act and apply with respect to reports required to be submitted under sections 116 and 502B of the Foreign Assistance Act of 1961, as amended by this subsection, on or after such date of enactment. (c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of State $5,000,000 for each of the fiscal years 2015 through 2026 to carry out this section and the amendments made by this section. (2) Private contributions.--Notwithstanding any other provision of law, the Secretary of State is authorized to accept private contributions to carry out this section and the amendments made by this section. (3) Designation.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) and private contributions accepted under paragraph (2) may be referred to as the ``President Obama Fund for African Descent Affairs''. SEC. 4. ACTIVITIES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT. (a) Senior Advisor.-- (1) In general.--The Administrator of the United States Agency for International Development shall appoint within the immediate office of the Administrator a Senior Advisor to the Administrator on Global African Descent Affairs (in this section referred to as the ``Special Advisor''). (2) Appointment.--The Senior Advisor shall be appointed by the Administrator. (b) Functions.--The functions of the Special Advisor shall include the following: (1) Advise the Administrator and direct activities, policies, programs, and funding relating to the human rights and advancement of people of African descent internationally for all bureaus and offices of the Agency. (2) Develop a racial and ethnic equality and empowerment policy, strategy, and action plan for the Agency, in consultation with civil society, that includes a focus on people of African descent. (3) Serve as the Agency liaison to the Department of State's Office on Global African Descent Affairs. (4) Develop a uniform set of indicators and standards for monitoring and evaluating foreign assistance for people of African descent in Federal agencies. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator $3,000,000 for each of the fiscal years 2015 through 2026 to carry out this section. SEC. 5. FUNDING. (a) In General.--Except as otherwise provided in this Act, of the amounts made available for ``Diplomatic and Consular Programs'' for each of the fiscal years 2015 through 2026, $8,000,000 is authorized to be appropriated for each such fiscal year to carry out this Act. (b) Funding Offset.--To offset the costs to be incurred by the Department of State to carry out the provisions of this Act for fiscal years 2015 through 2026, the Secretary of State shall eliminate such positions within the Department of State, unless otherwise authorized or required by law, as the Secretary determines to be necessary to fully offset such costs. (c) Limitation.--No additional funds are authorized to be appropriated for ``Diplomatic and Consular Programs'' to carry out the provisions of this Act. SEC. 6. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) People of african descent.--The term ``people of African descent'' means persons of African origin who are residents of countries of the Americas, Europe, Asia, and the Middle East. SEC. 7. BRIEFINGS AND ASSESSMENTS. Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director and Special Advisor to the Secretary on Global African Descent Affairs (appointed under section 63 of the State Department Basic Authorities Act of 1956 (as added by section 3 of this Act))-- (1) shall brief the appropriate congressional committees on the status of the human rights, social inclusion, equality, and empowerment of people of African descent internationally, as well as the status of programs and response strategies to address discrimination and violence against people of African descent internationally; and (2) shall submit to the appropriate congressional committees an assessment of human and financial resources necessary to fulfill the purposes and duties of this Act and the amendments made by this Act. SEC. 8. UNITED STATES POLICY TO PREVENT AND RESPOND TO DISCRIMINATION AND VIOLENCE AGAINST PEOPLE OF AFRICAN DESCENT. (a) Global Strategy Requirement.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Director and Special Advisor to the Secretary on Global African Descent Affairs shall develop or update a United States global strategy to empower, prevent, and respond to discrimination and violence against people of African descent. The strategy shall be transmitted to the appropriate congressional committees and, if practicable, made available to the public. (b) Collaboration and Coordination.--In developing the strategy under subsection (a), the Director and Special Advisor to the Secretary on Global African Descent Affairs shall consult with-- (1) the heads of relevant Federal agencies; and (2) representatives of civil society, multilateral, and private sector organizations. SEC. 9. SUNSET. This Act and the amendments made by this Act shall terminate on October 1, 2026.

African Descent Act of 2014 - Amends the State Department Basic Authorities Act of 1956 to direct the Secretary of State to establish within the Department of State an Office of Global African Descent Affairs, to be headed by the Director and Special Advisor to the Secretary on Global African Descent Affairs. Includes among Office functions: (1) advising the Secretary and directing policies, programs, and funding relating to the human rights and the advancement of people of African descent internationally; (2) managing a fund for people of African descent to invest in solutions to combat racial discrimination and create economic and political opportunities for people of African descent internationally; and (3) compiling an annual report on U.S. government activities relating to people of African descent. Amends the Foreign Assistance Act of 1961 to include in the annual human rights report for countries in the Americas, Europe, Asia, and the Middle East a description of the status and the people of African descent in each country. Directs the Administrator of the U.S. Agency for International Development (USAID) to appoint a Senior Advisor to the Administrator on Global African Descent Affairs who shall: (1) advise the Administrator and direct policies, programs, and funding relating to the human rights and advancement of people of African descent internationally; and (2) develop a uniform set of indicators and standards for monitoring and evaluating foreign assistance for people of African descent. Requires the Director and Special Advisor to the Secretary on Global African Descent Affairs to develop or update annually (for five years) a U.S. global strategy to empower, prevent, and respond to discrimination and violence against people of African descent.

African Descent Act of 2014

SECTION 1. REQUIRING MEDICAID HEALTH MAINTENANCE ORGANIZATIONS TO MAKE PAYMENTS FOR SERVICES PROVIDED BY SCHOOL-BASED HEALTH CENTERS. (a) In General.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 1396b(m)(2)(A)) is amended-- (1) by striking ``and'' at the end of clause (x); (2) by striking the period at the end of clause (xi) and inserting ``; and''; and (3) by adding at the end the following new clause: ``(xii) such contract provides that-- ``(I) the entity's network of participating providers of such services shall include at least one school-based health center (as defined in section 1905(t)), or ``(II) the entity shall enter into a contract for the provision of such services to such individuals with each school-based health center (as so defined) located in the entity's service area, under terms and conditions (including terms and conditions relating to patient referrals and the sharing of patient records) similar to those applicable to a contract between the entity and a similar provider of such services in the area (in accordance with standards established by the Secretary).''. (b) School-Based Health Centers Described.--Section 1905 of such Act (42 U.S.C. 1396d) is amended by adding at the end the following new subsection: ``(t) The term `school-based health center' means a clinic which is located at an elementary or secondary school and which-- ``(1) provides physical examinations, injury treatment, primary health services, mental health services, and other services (to the extent permitted under the laws or regulations of the State in which it is located) on an on-site basis to students enrolled at the school (without regard to whether or not the students are enrolled in the State plan under this title); ``(2) refers students to other providers of health care services for services which the center does not provide on- site; ``(3) has entered into arrangements with other providers of health care services providing services on a 24-hour, emergency basis; ``(4) has on its staff at least one physician (whether employed on a part-time or full-time basis); at least one physician assistant, nurse practitioner, or clinical nurse specialist; and at least one mental health professional; and ``(5) is approved or certified as such a clinic by the State in which it is located.''. (c) Prohibition Against Waiver of Requirement.--The Secretary of Health and Human Services may not waive (pursuant to section 1115 or section 1915 of the Social Security Act or otherwise) the application of section 1903(m)(2)(A)(xii) of the Social Security Act (as added by subsection (a)) with respect to any State. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to quarters beginning on or after January 1, 1996. SEC. 2. ESTABLISHMENT OF CLEARINGHOUSE FOR INFORMATION AND TECHNICAL ASSISTANCE ON SCHOOL-BASED HEALTH CENTERS. Not later than March 1, 1996, the Secretary of Health and Human Services shall establish a clearinghouse through which interested parties may receive information and technical assistance on the establishment and operation of school-based health centers. SEC. 3. GRANTS FOR SCHOOL-BASED HEALTH CENTERS. (a) In General.--Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following section: ``school-based health centers ``Sec. 340E. (a) In General.-- ``(1) In general.--The Secretary may make grants to public and nonprofit private entities for the purpose of making available to school children the health services specified in subsection (d) at sites that are on or in close proximity to the premises of a school (or at such other sites as the Secretary determines to be appropriate to provide school children with access to the services). ``(2) School children.--For purposes of this section, the term `school children' means individuals between the ages of 3 and 18 (inclusive). ``(b) Minimum Qualifications for Grantees.-- ``(1) Status as medicaid provider.-- ``(A) Except as provided in subparagraph (B), the Secretary may make a grant under subsection (a) only if the applicant for the grant is a provider of services under the State plan approved for the State involved under title XIX of the Social Security Act. ``(B) The requirements established in subparagraph (A) do not apply to an applicant that provides health services without charge and does not receive reimbursement for the services from any third-party payors. ``(2) Required consultations regarding parents and teachers.--The Secretary may make a grant under subsection (a) only if the applicant involved, in preparing the application under subsection (j), has consulted with parents in the community in which services under the grant are to be provided, with teachers at schools in the community, and with the local educational agency with jurisdiction over such schools. ``(c) Preferences in Making Grants.--In making grants under subsection (a), the Secretary shall give preference to qualified applicants that are experienced in delivering health care services to medically underserved populations or in areas in which a significant number of children are at risk for health problems. ``(d) Authorized Services.-- ``(1) In general.--The Secretary may make a grant under subsection (a) only if the applicant involved agrees as follows: ``(A) Each of the following services will be made available under the grant (as medically appropriate for the child involved): ``(i) Comprehensive health examinations. ``(ii) Health education and prevention services, including prenatal care. ``(iii) Follow-up care and referrals regarding routine health problems. ``(B) Services under subparagraph (A) will include screenings, follow-up care, and referrals (including referrals for specialty care) regarding dental, vision, and hearing services, and regarding sexually- transmitted diseases and other communicable diseases. ``(2) Option regarding family planning services.--A grantee under subsection (a) may, at the option of the grantee, expend the grant under such subsection to provide voluntary family planning services. The Secretary may not require as a condition of the receipt of a grant under subsection (a) that an applicant for the grant agree to provide such services. ``(3) Other services.--In addition to services specified in any of paragraphs (1) and (2), the Secretary may authorize a grantee under subsection (a) to expend the grant for such additional health or health-related services for school children as the Secretary determines to be appropriate. ``(4) Availability throughout year.--The Secretary may make a grant under subsection (a) only if the applicant involved agrees that services under the grant will be available throughout the year (including any portion of the year during which the school does not hold classes). ``(e) Cultural Context of Services.--The Secretary may make a grant under subsection (a) only if the applicant involved agrees that services under the grant will be provided in the language and cultural context most appropriate for the individuals to whom the services are provided. ``(f) Limitation on Imposition of Fees for Services.--The Secretary may make a grant under subsection (a) only if the applicant involved agrees that, if a fee is imposed for the provision of services under the grant, such fee-- ``(1) will be made according to a schedule of fees that is made available to the public; ``(2) will be adjusted to reflect the income and resources of the school-children involved; and ``(3) will not be imposed on any school child with an income of less than 150 percent of the applicable official poverty line (established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981). ``(g) Matching Funds.-- ``(1) In general.--With respect to the costs of the program to be carried out under subsection (a) by an applicant, the Secretary, subject to paragraph (3), may make a grant under such subsection only if the applicant agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is-- ``(A) for the first fiscal year for which the applicant receives such a grant, 10 percent of such costs; ``(B) for any second such fiscal year, 25 percent of such costs; and ``(C) for any subsequent such fiscal year, 50 percent of such costs. ``(2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(3) Waiver.--The Secretary may for an applicant waive the requirement of paragraph (1) for a fiscal year if the Secretary determines that the applicant will be unable to carry out a program under subsection (a) otherwise. If the Secretary provides a waiver under the preceding sentence for a grantee under subsection (a) for a fiscal year, the Secretary may make a grant to the applicant for the following fiscal year only if the Secretary reviews the waiver to determine whether the waiver should remain in effect. ``(h) Additional Agreements.--The Secretary may make a grant under subsection (a) only if the applicant involved agrees as follows: ``(1) The applicant will maintain the confidentiality of patient records. ``(2) The applicant will establish an ongoing quality assurance program regarding services provided under the grant. ``(3) The applicant will not expend more than 10 percent of the grant for administrative expenses regarding the grant. ``(i) Reports to Secretary.--The Secretary may make a grant under subsection (a) only if the applicant agrees that, not later than February 1 of the fiscal year following the fiscal year for which the grant is to be made, the applicant will submit to the Secretary a report describing the program carried out by the applicant under the grant, including provisions on the utilization, cost, and outcome of services provided under the grant. ``(j) Application for Grant; Plan.--The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary; the application contains a plan describing the proposal of the applicant for a program under subsection (a); 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 section. ``(k) Evaluation of Programs.--The Secretary, directly or through grants or contracts, shall provide for evaluations of programs carried out under subsection (a), including the cost-effectiveness and health- effectiveness of the programs. ``(l) Reports to Congress.--Not later than May 31 of each fiscal year, the Secretary shall submit to the Congress a report on the programs carried out under subsection (a). The report shall include a summary of the evaluations carried out under subsection (k) for the preceding fiscal year. ``(m) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $100,000,000 for fiscal year 1996, $275,000,000 for fiscal year 1997, $350,000,000 for fiscal year 1998, and $400,000,000 for each of the fiscal years 1999 and 2000.''. (b) Conforming Amendment.--Part D of title III of the Public Health Service Act (42 U.S.C 254b et seq.), as amended by section 104 of Public Law 103-183 (107 Stat. 2230), is amended in the heading for subpart VIII by striking ``Bulk'' and all that follows and inserting the following: ``Miscellaneous Provisions Regarding Primary Health Care''.

Amends title XIX (Medicaid) of the Social Security Act to generally require that, in order for States to receive payment under Medicaid, health maintenance organizations (HMOs) and other managed care plans providing medical assistance to Medicaid beneficiaries must, in addition to current law requirements under the program, provide in their contracts with the State for payment of specifically authorized services by certain school-based health centers. Directs the Secretary of Health and Human Services to establish a clearinghouse through which interested parties may receive information and technical assistance on the establishment and operation of such centers. Amends the Public Health Service Act to provide for grants to public and nonprofit private entities for school-based health centers. Authorizes appropriations.

To amend title XIX of the Social Security Act to require health maintenance organizations and other managed care plans providing medical assistance to medicaid beneficiaries to make payments for assistance provided to such beneficiaries by school-based health centers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Drug Disposal Act of 2009''. SEC. 2. STATE TAKE-BACK DISPOSAL PROGRAMS. (a) In General.--Part C of the Controlled Substances Act (21 U.S.C. 821 et seq.) is amended by adding at the end the following: ``SEC. 312. STATE TAKE-BACK DISPOSAL PROGRAMS. ``(a) In General.--Not later than 1 year after the date of the enactment of this section, the Attorney General shall promulgate regulations to authorize an ultimate user or care taker to dispose of a controlled substance in accordance with a State program described in subsection (b). ``(b) State Programs.-- ``(1) Models; individualized programs.--The regulations under subsection (a) shall-- ``(A) include 5 model State programs under which an ultimate user or care taker may dispose of an unused or partially used controlled substance through delivery to a designated facility; and ``(B) allow a State to work with the Attorney General to devise an alternative program for such disposal that-- ``(i) best suits the State; and ``(ii) as determined by the Attorney General, is consistent with this section. ``(2) Requirements.--Each program under paragraph (1) shall-- ``(A) require a State to enact legislation as a prerequisite to adopting and implementing such program; ``(B) protect the public safety; ``(C) allow ultimate users and care takers to dispose of controlled substances through persons other than law enforcement personnel; ``(D) incorporate environmentally sound practices for disposing of controlled substances (by means other than flushing down a public or private wastewater treatment system or disposing in a municipal solid waste landfill); ``(E) be cost effective for the State; ``(F) include convenient take-back options for urban and rural locations; and ``(G) not restrict the funding which a State may use to implement the program. ``(3) Other drugs and biologics.--A program under paragraph (1) may, at the State's option, apply to a drug or biological product other than a controlled substance to the same extent and in the same manner as such program applies to a controlled substance. For purposes of this paragraph, the terms `drug' and `biological product' have the meanings given to those terms in section 201 of the Federal Food, Drug, and Cosmetic Act and section 351 of the Public Health Service Act, respectively. ``(c) Definition.--In this section, the term `care taker'-- ``(1) means a person responsible for taking care of one or more individuals or animals, including through provision of controlled substances; and ``(2) may include a physician or other health care professional, a veterinarian, a long-term care facility, a nursing home, a hospital, a jail, or a school.''. (b) GAO Report.--The Comptroller General of the United States shall-- (1) collect data on the State take-back disposal programs implemented pursuant to section 312 of the Controlled Substances Act, as added by subsection (a); and (2) not less than every 4 years, submit findings and recommendations to the Congress regarding such programs. (c) Conforming Amendment.--The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513; 84 Stat. 1236) is amended by inserting after the item relating to section 311 the following: ``Sec. 312. State take-back disposal programs.''. SEC. 3. NO LABELING RECOMMENDATIONS TO DISPOSE OF DRUGS AND BIOLOGICAL PRODUCTS BY FLUSHING. (a) Drugs.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended by adding at the end the following: ``(w) No Labeling Recommendations To Dispose by Flushing.--In approving an application for a drug under this section, the Secretary shall ensure that the labeling for such drug does not include any recommendation or direction to dispose of the drug by means of a public or private wastewater treatment system, such as by flushing down the toilet.''. (b) Biological Products.--Section 351 of the Public Health Service Act (42 U.S.C. 262) is amended by adding at the end the following: ``(k) No Labeling Recommendations To Dispose by Flushing.--In licensing any biological product under this section, the Secretary shall ensure that the labeling for such product does not include any recommendation or direction to dispose of the product by means of a public or private wastewater treatment system, such as by flushing down the toilet.''. (c) Drugs and Biological Products Already Marketed.-- (1) Labeling revision.--With respect to drugs and biological products that are legally marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) or part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) as of the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs-- (A) shall conduct a review of the labeling of such drugs and biological products; and (B) for any such labeling that includes a recommendation or direction to dispose of the drug or biological product by means of a public or private wastewater treatment system, such as by flushing down the toilet, shall order the labeling to be revised to exclude such recommendation or direction. (2) Penalty.--Any drug or biological product whose labeling is in violation of an order issued under paragraph (1)(B) is deemed to be misbranded under section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352). (3) Effective date.--An order issued under paragraph (1)(B) shall take effect not later than 1 year after the date of the enactment of this Act. (4) Definitions.--In this subsection: (A) The term ``biological product'' has the meaning given such term in section 351 of the Public Health Service Act (42 U.S.C. 262). (B) The terms ``drug'' and ``labeling'' have the meanings given such terms in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

Safe Drug Disposal Act of 2009 - Amends the Controlled Substances Act to direct the Attorney General to promulgate regulations to: (1) authorize an ultimate user or care taker (a person responsible for taking care of one or more individuals or animals) to dispose of a controlled substance in accordance with a prescribed state program; (2) include five model state programs providing for such disposal through delivery to a designated facility; and (3) allow a state to work with the Attorney General to devise an alternative disposal program that is consistent with this Act. Requires each such program to: (1) require a state to enact legislation as a prerequisite to its adoption and implementation; (2) protect the public safety; (3) allow disposal of controlled substances through persons other than law enforcement personnel; (4) incorporate environmentally sound practices for disposal; (5) be cost-effective; (6) include convenient take-back options for urban and rural locations; and (6) not restrict the funding a state may use to implement it. Allows such a program to apply similarly to a drug or biological product other than a controlled substance. Directs the Comptroller General to collect data on state take-back disposal programs and periodically report to Congress. Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services: (1) in approving drug applications and in licensing biological products, to ensure that the drug or product labeling does not include any recommendation or direction to dispose of the drug by means of a wastewater treatment system, such as by flushing it down the toilet; and (2) to review the labeling of existing drugs and products and order revision of any labeling that includes such a recommendation or direction. Deems any drug or product whose labeling is in violation of such an order to be misbranded.

To amend the Controlled Substances Act to provide for disposal of controlled substances by ultimate users and care takers through State take-back disposal programs, to amend the Federal Food, Drug, and Cosmetic Act to prohibit recommendations on drug labels for disposal by flushing, and for other purposes.