FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prisoner of War Benefits Act of 2005''. SEC. 2. IMPROVED VETERANS' BENEFITS FOR FORMER PRISONERS OF WAR. (a) Repeal of Minimum Period of Internment for Presumption of Service Connection for Certain Diseases.--Subsection (b) of section 1112 of title 38, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``; and'' at the end of subparagraph (A) and inserting a period; (B) by striking ``a former prisoner of war--'' and all that follows through ``a disease specified in paragraph (2)'' and inserting ``a former prisoner of war, a disease specified in paragraph (2)''; and (C) by striking subparagraph (B); (2) in paragraph (3), by striking ``(3) The diseases specified'' and all that follows through ``the following:''; and (3) by redesignating the subparagraphs (A) through (K) following the matter stricken by paragraph (2) as subparagraphs (F) through (P), respectively, of paragraph (2). (b) Additional Diseases Presumed to Be Service Connected.-- Paragraph (2) of section 1112(b) of such title, as amended by subsection (a)(3), is further amended by adding at the end the following new subparagraphs: ``(Q) Heart disease. ``(R) Stroke. ``(S) Diabetes (type 2). ``(T) Osteoporosis.''. (c) Authority for Administrative Determination of Presumption of Service Connection for Additional Diseases.-- (1) Administrative determination.--Section 1112 of title 38, United States Code, as amended by subsections (a) and (b), is further amended by adding at the end the following new subsection: ``(d)(1) Subsection (b) applies with respect to any disease (in addition to those specified in that subsection) that the Secretary determines in regulations prescribed under this subsection warrants a presumption of service-connection by reason of having positive association with the experience of being a prisoner of war. ``(2)(A) Whenever the Secretary determines, on the basis of sound medical and scientific evidence, that a positive association exists between (i) the experience of being a prisoner of war, and (ii) the occurrence of a disease in humans, the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for that disease for the purposes of this section. ``(B) In making determinations for the purpose of this paragraph, the Secretary shall take into account (i) recommendations received by the Secretary from the Advisory Committee on Former Prisoners of War established under section 541 of this title, and (ii) all other sound medical and scientific information and analyses available to the Secretary. In evaluating any study for the purpose of making such determinations, the Secretary shall take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review. ``(C) An association between the occurrence of a disease in humans and the experience of being a prisoner of war shall be considered to be positive for the purposes of this subsection if the credible evidence for the association is equal to or outweighs the credible evidence against the association. ``(3)(A) Not later than 60 days after the date on which the Secretary receives a recommendation from the Advisory Committee on Former Prisoners of War that a presumption of service connection be established under this subsection for any disease, the Secretary shall determine whether a presumption of service connection under this subsection is warranted for that disease. If the Secretary determines that such a presumption is warranted, the Secretary, not later than 60 days after making the determination, shall issue proposed regulations setting forth the Secretary's determination. ``(B) If the Secretary determines that a presumption of service connection is not warranted, the Secretary, not later than 60 days after making the determination, shall publish in the Federal Register a notice of that determination. The notice shall include an explanation of the scientific basis for that determination. If the disease already is included in regulations providing for a presumption of service connection, the Secretary, not later than 60 days after publication of the notice of a determination that the presumption is not warranted, shall issue proposed regulations removing the presumption for the disease. ``(C) Not later than 90 days after the date on which the Secretary issues any proposed regulations under this subsection, the Secretary shall issue final regulations. Such regulations shall be effective on the date of issuance. ``(4) Whenever a disease is removed from regulations prescribed under this section-- ``(A) a veteran who was awarded compensation for such disease on the basis of the presumption provided in subsection (a) before the effective date of the removal shall continue to be entitled to receive compensation on that basis; and ``(B) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from such disease on the basis of such presumption shall continue to be entitled to receive dependency and indemnity compensation on such basis. ``(5) The Secretary shall carry out this subsection in consultation with, and after taking into consideration the views of, the Advisory Committee on Former Prisoners of War established under section 541 of this title.''. (2) Conforming Amendment.--Paragraph (1) of section 1112(b) of such title, as amended by subsection (a), is further amended by inserting ``or prescribed under subsection (d)'' after ``a disease specified in paragraph (2)''.

Prisoner of War Benefits Act of 2005 - Amends Federal veterans' benefits provisions with respect to former prisoners of war (POW) to repeal the currently required 30-day minimum period of internment prior to the presumption of service connection for certain listed diseases, for purposes of the payment of veterans' disability compensation. Adds the following diseases to the above listed diseases heart disease, stroke, diabetes (type 2), and osteoporosis. Requires: (1) such presumption also with respect to any disease that the Secretary of Veterans Affairs determines warrants such presumption by reason of having a positive association with the experience of being a prisoner of war; and (2) the Secretary to make such a determination within 60 days after a recommendation from the Advisory Committee on Former Prisoners of War that such presumption be established for a non-listed disease.

To amend title 38, United States Code, to provide improved benefits for veterans who are former prisoners of war.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Medicare Part D Act of 2006''. SEC. 2. ONE-YEAR EXTENSION OF ENROLLMENT PERIOD FOR MEDICARE PRESCRIPTION DRUG BENEFITS AND MA PLANS. (a) In General.--Section 1851(e)(3)(B) of the Social Security Act (42 U.S.C. 1395w-21(e)(3)(B)) is amended-- (1) in clause (iii), by striking ``May 15, 2006; and'' and inserting ``November 14, 2006''; (2) in clause (iv), by striking ``2007'' and inserting ``2008'' and redesignating such clause as clause (v); and (3) by inserting after clause (iii) the following new clause: ``(iv) with respect to 2007, the period beginning on November 15, 2006, and ending on May 15, 2007; and''. (b) Conforming Amendments Related to Continuous Open Enrollment and Disenrollment.--Section 1851(e)(2) of such Act (42 U.S.C. 1395w- 21(e)(2)) is amended-- (1) in subparagraph (B)-- (A) in the heading, by striking ``for first 6 months''; (B) in clause (i), by striking ``, subparagraph (C)(iii), and subparagraph (D)'' and inserting ``and subparagraph (E)''; and (C) in clause (i), by striking ``during the first 6 months of 2006'' and all that follows through ``is a Medicare+Choice eligible individual,'' and inserting ``during 2006''; (2) in subparagraph (C)-- (A) in clause (i)-- (i) by striking ``subparagraph (D)'' and inserting ``subparagraph (E)''; and (ii) by striking ``2006'' and inserting ``2007'' each place it appears; and (B) in clause (iii), by striking ``2006'' and inserting ``2007''; (3) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (4) by inserting after subparagraph (B) the following new subparagraph: ``(C) Continuous open enrollment and disenrollment for first 6 months during 2007.-- ``(i) In general.--Subject to clause (ii), subparagraph (D)(iii), and subparagraph (E), at any time during the first 6 months of 2007, or, if the individual first becomes a Medicare Advantage eligible individual during 2007, during the first 6 months during 2007 in which the individual is a Medicare Advantage eligible individual, a Medicare Advantage eligible individual may change the election under subsection (a)(1). ``(ii) Limitation of one change.--An individual may exercise the right under clause (i) only once. The limitation under this clause shall not apply to changes in elections effected during an annual, coordinated election period under paragraph (3) or during a special enrollment period under the first sentence of paragraph (4).''. (c) Application of One-Year Enrollment Extension and Conforming Amendments to Part D Benefits.--Section 1860D-1(b) of such Act (42 U.S.C. 1395w-101(b)) is amended-- (1) in paragraph (1)(B)(iii), by striking ``subparagraphs (B) and (C) of paragraph (2) and''; (2) in paragraph (2)(A), by striking ``annual, coordinated open election period described in section 1851(e)(3)(B)(iii)'' and inserting ``period beginning on the first day of the annual, coordinated open election period described in clauses (iii) of section 1851(e)(3)(B) and ending on the last day of the annual, coordinated open election period described in clause (iv) of such section''; and (3) in paragraph (2)(B), by striking ``before the period described in subparagraph (A)'' and inserting ``before the end of the annual, coordinated open election period described in section 1851(e)(3)(B)(iv)''. (d) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 3. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS ON BEHALF OF MEDICARE BENEFICIARIES. Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111) is amended by striking subsection (i) (relating to noninterference) and by inserting the following: ``(i) Authority to Negotiate Prices With Manufacturers.--In order to ensure that each part D eligible individual who is enrolled under a prescription drug plan or an MA-PD plan pays the lowest possible price for covered part D drugs, the Secretary shall have authority similar to that of other Federal entities that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements of this part and in furtherance of the goals of providing quality care and containing costs under this part.''. SEC. 4. SENSE OF CONGRESS RELATED TO IMPROVED MEDICARE PRESCRIPTION DRUG BENEFIT OUTREACH AND EDUCATION. It is the sense of Congress that the Secretary of Health and Human Services should conduct activities (and improve current activities conducted by the Secretary), with respect to individuals eligible for the medicare prescription drug benefits, to-- (1) raise the awareness and improve the education of such individuals with respect to such benefits; (2) improve and enhance outreach and enrollment assistance for such benefits; and (3) provide for the accessibility of appropriate experts with respect to such benefits (at national, State, and local levels) to ensure that such individuals understand the benefits for which they are eligible.

Improving Access to Medicare Part D Act of 2006 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA) to provide for a one-year extension until May 15, 2007, of the 2006 initial enrollment period for Medicare prescription drug benefits and Medicare Advantage (MA) plans. Extends through May 14, 2007, the current extended period of continuous open enrollment and disenrollment. Amends part D (Voluntary Prescription Drug Benefit Program) of SSA title XVIII to repeal the prohibition against interference by the Secretary of Health and Human Services with prescription drug price negotiations between drug manufacturers and pharmacies and prescription drug plan (PDP) sponsors. Authorizes the Secretary to negotiate prescription drug price contracts with manufacturers of covered part D drugs in order to ensure that each enrollee under a PDP or an MA-PD plan pays the lowest possible price. Expresses the sense of Congress that the Secretary should conduct (and improve current) activities, with respect to individuals eligible for the Medicare prescription drug benefits, to: (1) raise the awareness and improve the education of such individuals about such benefits; (2) improve and enhance outreach and enrollment assistance; and (3) provide for the accessibility of appropriate experts (at national, state, and local levels) to ensure that such individuals understand the benefits for which they are eligible.

To amend title XVIII of the Social Security Act to extend by one year the initial enrollment period for Medicare prescription drug benefits and for Medicare Advantage plans, to authorize the Secretary of Health and Human Services to negotiate fair prices for Medicare prescription drugs, and to express the sense of Congress that the Secretary should conduct activities to improve outreach and educational efforts with respect to such benefits.

SECTION 1. CREDIT FOR QUALIFIED ENERGY STORAGE AIR CONDITIONER PROPERTY INSTALLED IN A PRINCIPAL RESIDENCE. (a) In General.--Subsection (a) of section 25D of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) 30 percent of the qualified energy storage air conditioner property expenditures made by the taxpayer during such year.''. (b) Qualified Energy Storage Air Conditioner Property Expenditure.--Section 25D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified energy storage air conditioner property expenditure.--The term `qualified energy storage air conditioner property expenditure' means an expenditure for qualified energy storage air conditioner property (as defined in section 48(d)) installed on or in connection with a dwelling unit located in the United States and used as a principal residence (within the meaning of section 121) by the taxpayer.''. (c) Modification of Maximum Credit.-- (1) In general.--Paragraph (1) of section 25D(b) of such Code is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) $500 with respect to each half kilowatt of peak demand reduction (as defined in section 48(d)) of qualified energy storage air conditioner property (as defined in section 48(d)) for which qualified energy storage air conditioner expenditures are made.''. (2) Conforming amendments.--Subparagraph (A) of section 25D(e)(4) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) $1,667 in the case of each half kilowatt of peak demand reduction (as defined in section 48(d)) of qualified energy storage air conditioner property (as defined in section 48(d)) for which qualified energy storage air conditioner expenditures are made.''. (d) Extension of Credit.--Subsection (f) of section 25D of such Code is amended by inserting ``(December 31, 2014, in the case of qualified energy storage air conditioner property (ad defined in section 48(d))'' before the period at the end. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 2. BUSINESS CREDIT FOR QUALIFIED ENERGY STORAGE AIR CONDITIONER PROPERTY. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by deleting ``or'' at the end of clause (iii), by inserting ``or'' at the end of clause (iv), and by inserting clause (iv) the following new clause: ``(v) qualified energy storage air conditioner property but only with respect to periods ending before January 1, 2015,''. (b) 30 Percent Credit.--Clause (i) of section 48(a)(2)(A) of such Code is amended by striking ``and'' at the end of subclause (II) and by inserting after subclause (III) the following new subclause: ``(IV) qualified energy storage air conditioner property, and''. (c) Qualified Energy Storage Air Conditioner Property.--Section 48 of such Code is amended by adding at the end the following new subsection: ``(d) Qualified Energy Storage Air Conditioner Property.--For the purposes of this section-- ``(1) In general.--The term `qualified energy storage air conditioner property' means a cooling system which-- ``(A) consists of thermal storage or ice storage components which create, store, and supply cooling energy to reduce peak electricity demand by displacing the daytime peak electrical demand of conventional mechanical cooling equipment, ``(B) has a nameplate operational capability to deliver a minimum of 29,000 Btu and a maximum of 240,000 Btu of cooling capacity, ``(C) is designed to deliver such cooling capacity for a minimum continuous period of 3 hours, available daily from May 1 through September 30, coincident with daytime peak load periods, ``(D) is designed so as to reduce peak kilowatt demand by 90 percent for the cooling load served, and ``(E) is designed so as not to exceed the 24 hour energy consumption of conventional cooling equipment by more than 10 percent. ``(2) Inclusion of related equipment.--Such term shall include any secondary components which integrate the cooling system described in paragraph (1) with the conventional cooling system, including equipment and controls for measuring and reporting operation and performance, but shall not include any portion of the conventional cooling system. ``(3) Limitation.-- ``(A) In general.--In the case of qualified energy storage air conditioner property placed in service during the taxable year, the credit otherwise determined under this section for such year with respect to such property shall not exceed an amount equal to $500 for each 0.5 kilowatt of peak demand reduction of such property. ``(B) Peak demand reduction.--For purposes of this subsection, the term `peak demand reduction' means the removal of electrical demand (kW) on the utility grid system during the daily time period of high electrical demand. The peak demand reduction shall be determined based on Energy Efficiency Ratio (EER) standards for residential and commercial air conditioning equipment, established under the Energy Policy and Conservation Act of 1975.''. (d) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after December 31, 2008.

Amends the Internal Revenue Code to allow: (1) a residential energy efficient tax credit for 30% of the cost of qualified energy storage air conditioner property installed in a principal residence; and (2) an energy tax credit for 30% of qualified energy storage air conditioner property installed before January 1, 2015. Defines "qualified energy storage air conditioner property" as a cooling system that: (1) consists of thermal or ice storage components that create, store, and supply cooling energy to reduce peak electricity demand; (2) can deliver a minimum of 29,000 Btu and a maximum of 240,000 Btu of cooling capacity; (3) is designed to deliver such cooling capacity for a minimum continuous period of three hours; (4) is designed to reduce peak kilowatt demand by 90% for the cooling load served; and (5) is designed not to exceed the 24-hour energy consumption of conventional cooling equipment by more than 10%.

To provide a tax credit for qualified energy storage air conditioner property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Start-Up Success Accounts Act of 2001''. SEC. 2. START-UP SUCCESS ACCOUNTS. (a) In General.--Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 (relating to taxable year for which deductions taken) is amended by inserting after section 468B the following new section: ``SEC. 468C. START-UP SUCCESS ACCOUNTS. ``(a) Deduction Allowed.--In the case of a taxpayer which is an eligible small business, there shall be allowed as a deduction for any taxable year the amount paid in cash by such taxpayer to a Start-up Success Account (hereafter in this section also referred to as an `SUSA Account'). ``(b) Limitation.-- ``(1) In general.--The amount which a taxpayer may pay into the SUSA Account for any taxable year shall not exceed whichever of the following is the least: ``(A) 20 percent of so much of the taxable income of the taxpayer (determined without regard to this section) which is attributable to any trade or business. ``(B) $50,000. ``(C) $100,000, reduced by the aggregate amount paid by the taxpayer (and all related persons) into SUSA accounts for all prior taxable years. ``(2) Deduction allowed only during startup period.--No deduction shall be allowed under this section with respect to any eligible small business for any taxable year after the 5th taxable year that such business (or any predecessor) is engaged in a trade or business. ``(3) Dollar limitation on controlled groups.-- ``(A) In general.--For purposes of paragraph (1)-- ``(i) all component members of a controlled group shall be treated as one taxpayer, and ``(ii) the Secretary shall apportion the dollar limitations contained in paragraph (1) among the component members of such controlled group in such manner as he shall by regulations prescribe. ``(B) Controlled group defined.--For purposes of subparagraph (A), the term `controlled group' has the meaning given such term by section 1563(a); except that, for such purposes, `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1). ``(4) Partnerships and s corporations.--In the case of a partnership, the limitation under paragraph (1) shall apply with respect to the partnership and each partner. A similar rule shall apply in the case of an S corporation and its shareholders. ``(5) Related persons.--For purposes of paragraph (1)(C), a person (hereinafter in this paragraph referred to as the `related person') is related to any person if the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52. For purposes of the preceding sentence, in applying section 267(b) or 707(b)(1), `10 percent' shall be substituted for `50 percent'. ``(c) Eligible Small Business.-- ``(1) In general.--For purposes of this section, the term `eligible small business' means, with respect to any taxable year, any person actively engaged in a trade or business if for all prior taxable years beginning after December 31, 1999, the taxpayer (or any predecessor) met the $2,000,000 gross receipts test of paragraph (2). In the case of a taxpayer to which section 469 applies, such term shall not include any trade or business which is a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(2) $2,000,000 gross receipts tests.--A person meets the $2,000,000 gross receipts tests of this paragraph for any prior taxable year if such person would meet the test of section 448(c) were such section applied by substituting `$2,000,000' for `$5,000,000'. ``(d) Start-up Success Account.--For purposes of this section-- ``(1) In general.--The terms `Start-up Success Account' and `SUSA Account' means a trust created or organized in the United States for the exclusive benefit of an eligible small business, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) The assets of the trust consist entirely of cash or of obligations which have adequate stated interest (as defined in section 1274(c)(2)) and which pay such interest not less often than annually. ``(D) All income of the trust is distributed currently to the grantor. ``(E) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Account taxed as grantor trust.--The grantor of an SUSA Account shall be treated for purposes of this title as the owner of such Account and shall be subject to tax thereon in accordance with subpart E of part I of subchapter J of this chapter (relating to grantors and others treated as substantial owners). ``(e) Inclusion of Amounts Distributed.-- ``(1) In general.--Except as provided in paragraph (2), there shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from an SUSA Account of the taxpayer during such taxable year (to the extent not previously included in gross income), and ``(B) any deemed distribution under-- ``(i) subsection (f)(1) (relating to deposits not distributed within 5 years), ``(ii) subsection (f)(2) (relating to cessation in trade or business), and ``(iii) subparagraph (A) or (B) of subsection (f)(3) (relating to prohibited transactions and pledging account as security). ``(2) Exceptions.--Gross income shall not include the distribution of any contribution paid during a taxable year to an SUSA Account to the extent that such contribution exceeds the limitation applicable under subsection (b) if requirements similar to the requirements of section 408(d)(4) are met. ``(3) Exclusion from self-employment tax.--Amounts included in gross income under this subsection shall not be included in determining net earnings from self-employment under section 1402. ``(f) Special Rules.-- ``(1) Tax on deposits in account which are not distributed within 5 years.-- ``(A) In general.--If, at the close of any taxable year, there is a nonqualified balance in any SUSA Account-- ``(i) there shall be deemed distributed from such Account during such taxable year an amount equal to such balance, and ``(ii) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. The preceding sentence shall not apply if an amount equal to such nonqualified balance is distributed from such Account to the taxpayer before the due date (including extensions) for filing the return of tax imposed by this chapter for such year (or, if earlier, the date the taxpayer files such return for such year). ``(B) Nonqualified balance.--For purposes of subparagraph (A), the term `nonqualified balance' means any balance in the Account on the last day of the taxable year which is attributable to amounts deposited in such Account before the 4th preceding taxable year. ``(C) Ordering rule.--For purposes of this paragraph, distributions from an SUSA Account shall be treated as made from deposits in the order in which such deposits were made, beginning with the earliest deposits. ``(2) Cessation in trade or business.--At the close of the first disqualification period after a period for which the taxpayer was engaged in the trade or business referred to in subsection (a), there shall be deemed distributed from the SUSA Account (if any) of the taxpayer an amount equal to the balance in such Account at the close of such disqualification period. For purposes of the preceding sentence, the term `disqualification period' means any period of 2 consecutive taxable years for which the taxpayer is not engaged in the trade or business referred to in subsection (a). ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 408(e)(2) (relating to loss of exemption of account where individual engages in prohibited transaction). ``(B) Section 408(e)(4) (relating to effect of pledging account as security). ``(C) Section 408(g) (relating to community property laws). ``(D) Section 408(h) (relating to custodial accounts). ``(4) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to an SUSA Account on the last day of a taxable year if such payment is made on account of such taxable year and is made within 3\1/2\ months after the close of such taxable year. ``(g) Reports.--The trustee of an SUSA Account shall make such reports regarding such Account to the Secretary and to the person for whose benefit the Account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by those regulations.''. (b) Tax on Excess Contributions.-- (1) Subsection (a) of section 4973 of such Code (relating to tax on certain excess contributions) is amended by striking ``or'' at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: ``(4) an SUSA Account (within the meaning of section 468C(d)), or''. (2) Section 4973 of such Code is amended by adding at the end the following new subsection: ``(g) Excess Contributions to SUSA Accounts.--For purposes of this section, in the case of SUSA Accounts (within the meaning of section 468C(d)), the term `excess contributions' means the amount by which the amount contributed for the taxable year to the Account exceeds the amount which may be contributed to the Account under section 468C(b) for such taxable year. For purposes of this subsection, any contribution which is distributed out of the SUSA Account in a distribution to which section 468C(e)(2)(B) applies shall be treated as an amount not contributed.''. (c) Tax on Prohibited Transactions.-- (1) Subsection (c) of section 4975 of such Code (relating to prohibited transactions) is amended by adding at the end the following new paragraph: ``(6) Special rule for susa accounts.--A person for whose benefit an SUSA Account (within the meaning of section 468C(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such Account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be an SUSA Account by reason of the application of section 468C(f)(3)(A) to such Account.''. (2) Paragraph (1) of section 4975(e) of such Code is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) an SUSA Account described in section 468C(d),''. (d) Failure To Provide Reports on SUSA Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) section 468C(g) (relating to SUSA Accounts),''. (e) Clerical Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 468B the following new item: ``Sec. 468C. Start-up Success Accounts.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Start-Up Success Accounts Act of 2001 - Amends the Internal Revenue Code to allow a limited deduction, to an eligible small business taxpayer during its start-up period, for amounts paid in cash by such a taxpayer to a Start-up Success Account.

To amend the Internal Revenue Code of 1986 to provide for Start-up Success Accounts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Alaska Community Development Quota Program Implementation Improvement Act of 2001''. SEC. 2. IMPROVEMENT OF WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM. Section 305 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855) is amended-- (1) by amending the subsection heading for subsection (i) to read as follows: ``(i) Western Pacific Community Development Program.--''; (2) by striking paragraph (1) of subsection (i); (3) by redesignating paragraph (2) of subsection (i) as paragraph (1); (4) by inserting before paragraph (3) of subsection (i) the following: ``(k) General Provisions Relating to Community Development Quota Programs.--''; (5) in subsection (k) (as designated by paragraph (4) of this section) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2) of subsection (k), respectively; and (6) by inserting after subsection (i) the following: ``(j) Western Alaska Community Development Program.-- ``(1) Establishment.--The North Pacific Council and the Secretary shall establish a western Alaska community development quota program-- ``(A) to afford eligible communities a fair and equitable opportunity to participate in Bering Sea fisheries; and ``(B) to assist eligible communities to achieve sustainable long-term diversified local economic development. ``(2) Allocation of percentages of bering sea directed fisheries.--(A) The Secretary shall allocate to the program, as a directed fishing allowance, a percentage of the total allowable catch or guideline harvest level, as applicable, of each Bering Sea directed fishery. ``(B) The Secretary shall allocate under this paragraph 10 percent of the total allowable catch of the Bering Sea directed pollock fishery. ``(C) The Secretary shall allocate under this paragraph a percentage of the total allowable catch of each other Bering Sea directed groundfish fishery, a percentage of the total allowable catch of the Bering Sea directed halibut fishery, and a percentage of the guideline harvest level of each Bering Sea directed crab fishery, that-- ``(i) before October 1, 2001, shall be the most recent percentage recommended to the Secretary for that fishery by the North Pacific Council as of October 1, 1995; and ``(ii) on and after October 1, 2001, shall be no less than such recommended percentage. ``(D) Prior to October 1, 2001, the North Pacific Council may not submit, and the Secretary may not approve, any plan, amendment, or regulation that increases the applicable percentage under subparagraph (C).''. ``(3) Eligibility to participate.--To be eligible to participate in the western Alaska community development quota program, a community must-- ``(A) be located-- ``(i) within 50 nautical miles from the baseline from which the breadth of the territorial sea is measured along the Bering Sea coast from the Bering Strait to the westernmost of the Aleutian Islands; or ``(ii) on an island within the Bering Sea; ``(B) not be located on the Gulf of Alaska coast of the north Pacific Ocean; ``(C) be certified by the Secretary of the Interior pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1610 et seq.) to be a Native village; ``(D) consist of residents who conduct more than one-half of their current commercial or subsistence fishing effort in the waters of the Bering Sea or waters surrounding the Aleutian Islands; ``(E) not have previously developed harvesting or processing capability sufficient to support substantial participation in the groundfish fisheries of the Bering Sea, unless the community demonstrates that its participation in the western Alaska community development program is the only way for the community to realize a return from previous investments in harvesting or processing capability; and ``(F) be a member of a CDQ group. ``(4) Authority to harvest.--(A) The Secretary may authorize a CDQ group to harvest a share of the percentage of the total allowable catch or guideline harvest level of a Bering Sea directed fishery allocated under paragraph (2) if the CDQ group submits a community development plan to the Secretary in accordance with this paragraph. ``(B) A community development plan shall-- ``(i) request a share of the percentage of the total allowable catch or guideline harvest level of the fishery that the CDQ group that submits the plan desires to harvest annually during the effective period of the plan; and ``(ii) describe all CDQ projects that the CDQ group that submits the plan intends to participate in during the 36-month duration of the plan. ``(C)(i) The Secretary shall timely approve or disapprove each community development plan submitted under this paragraph that contains the information described in subparagraph (B). If approved, a community development plan shall be effective for 36 months, except as provided in clause (ii). ``(ii) The community development plans that the Secretary approved before the 2001 fishing year shall expire on December 31, 2003. ``(D) In approving a community development plan, the Secretary shall specify the share of the total allowable catch or guideline harvest level that the CDQ group is authorized to harvest annually under the plan, in accordance with paragraph (5). ``(5) Specification of harvest shares.--(A) If the total of the harvest shares requested pursuant to paragraph (4)(B)(i) for a fishery is greater than the percentage of the total allowable catch or guideline harvest level for the fishery allocated under paragraph (2) to the western Alaska community development quota program, the Secretary shall authorize each CDQ group requesting a harvest share to harvest annually such share of the percentage of the total allowable catch or guideline harvest level of the fishery allocated under paragraph (2) as the Secretary determines is appropriate. ``(B) If the Secretary authorizes a CDQ group to harvest a share of a fishery that is less than the harvest share requested in the community development plan submitted by the CDQ group, the Secretary shall give the CDQ group an opportunity to amend the plan to reflect the reduction in harvest share authorized by the Secretary. ``(C)(i) Within 24 months after the date of enactment of the Western Alaska Community Development Program Implementation Improvement Act of 2001, each CDQ group may submit criteria to the Secretary for the Secretary to consider in determining harvest shares under subparagraph (A). ``(ii) If, pursuant to clause (i), each CDQ group submits the same criteria to the Secretary, the Secretary shall consider only those criteria in determining harvest shares under subparagraph (A). ``(iii) If, pursuant to clause (i), all CDQ groups do not submit the same criteria to the Secretary, the Secretary shall, by not later than 30 months after the date of enactment of the Western Alaska Community Development Program Implementation Improvement Act of 2001, promulgate regulations that establish criteria that the Secretary shall consider in determining harvest shares under subparagraph (A). ``(6) Participation by state of alaska.--(A) The Secretary may allow the State of Alaska to participate in the implementation of the western Alaska community development quota program. ``(B) If the State of Alaska participates, the Secretary may require CDQ groups to submit a copy of their community development plans to the Governor of Alaska. ``(C) If the State of Alaska is participating in the implementation of the western Alaska community development quota program and the total of the harvest shares requested pursuant to paragraph (4)(B)(i) for a fishery is greater than the percentage of the total allowable catch or guideline harvest level for the fishery allocated under paragraph (2) to the western Alaska community development quota program, the Secretary may direct the Governor of Alaska-- ``(i) to consult with the CDQ groups; ``(ii) to consult with the North Pacific Fishery Management Council regarding the plans; and ``(iii) to timely submit the Governor's recommendations regarding the approval of the plans by the Secretary. ``(D) The Governor shall indicate, in writing, to the Secretary and to each CDQ group the rationale, and the factual basis for the rationale, for any recommendation regarding the Secretary's approval of a CDQ group's community development plan. ``(7) Reports.--(A) On March 1 of each calendar year each CDQ group shall submit a report regarding its approved community development plans then in effect to the Secretary, and to the Governor of Alaska if the State of Alaska is participating under paragraph (6). ``(B) Each report shall describe the following: ``(i) The CDQ group's implementation during the previous calendar year of the CDQ projects described in the group's community development plans, and any modifications to a project that the group may have made since the last report. ``(ii) In summary form, the financial performance during the previous calendar year of each subsidiary, joint venture, partnership, or other entity in which the CDQ group owns an equity interest, and all other non-CDQ project-related activities in which the group engaged. ``(iii) The CDQ group's budget for the current calendar year. ``(C) Financial and strategic business information contained in reports submitted under this paragraph shall be considered confidential. The Secretary, and the Governor of Alaska if the State of Alaska is participating in the Secretary's implementation of the western Alaska community development quota program-- ``(i) shall not make such information available to the public; and ``(ii) may not use such information for any purpose other than evaluating the financial status and performance of the CDQ group that submitted the information. ``(8) Definitions.--For the purposes of this subsection: ``(A) The term `CDQ group' means a nonprofit or for-profit corporation or other entity whose membership is exclusively composed of one or more communities that satisfy the criteria described in paragraph (3)(A) through (E). ``(B) The term `community development plan' means a plan that describes-- ``(i) how a CDQ group intends to harvest its requested share of the percentage of the total allowable catch or guideline harvest level of a directed Bering Sea fishery that the Secretary has allocated to the western Alaska community development quota program; and ``(ii) how the group intends to use the harvest opportunity and the revenue derived therefrom to assist communities that are members of the group to achieve sustainable long term local economic development. ``(C)(i) Subject to clause (ii), the term `CDQ project' means a program or activity that is administered or initiated by a CDQ group and that is funded by revenue the CDQ group derives or accrues during the duration of a community development plan approved by the Secretary from harvesting the fishery covered by the plan. ``(ii) Such term does not include a program or activity administered or initiated by a subsidiary, joint venture, partnership, or other entity in which a CDQ group owns an equity interest, if the program or activity is funded by the assets of the subsidiary, joint venture, partnership, or other entity, rather than by the assets of the CDQ group. ``(9) Regulations.--The Secretary may promulgate such regulations as are reasonable and necessary to enable the Secretary to implement this subsection.''.

Western Alaska Community Development Quota Program Implementation Improvement Act of 2001 - Amends Magnuson-Stevens Fishery Conservation and Management Act provisions relating to the western Pacific community development program to allocate percentages of Bering Sea directed fisheries and to modify eligibility and other requirements.

To amend the Magnuson-Stevens Fishery Conservation and Management Act to improve implementation of the western Alaska community development quota program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Wage Worker Pay Fairness Act of 2001''. SEC. 2. WAGE AREAS TO BE CONFORMED TO PAY LOCALITIES. Paragraph (1) of section 5343(a) of title 5, United States Code, is amended to read as follows: ``(1) the Office of Personnel Management shall define the boundaries of local wage areas for prevailing rate employees so as to be the same as the boundaries of the respective pay localities under section 5304(f) (including as from time to time modified), subject to such exceptions as the Office, with the approval of the Federal Salary Council (described in section 5304(e)), may find to be necessary;''. SEC. 3. AGENCY RESPONSIBLE FOR CONDUCTING WAGE RATE SURVEYS. Paragraph (3) of section 5343(a) of title 5, United States Code, is amended to read as follows: ``(3) subject to paragraph (5), and subsections (c)(1)-(3) and (d)-- ``(A) wage surveys under this section shall be conducted by the same agency as is responsible under section 5304(d)(1)(A) for conducting surveys of pay localities; and ``(B) the lead agency for a local wage area shall, for purposes of the prevailing rate employees in that area, analyze wage survey data, and develop and establish appropriate wage schedules and rates;''. SEC. 4. ANNUAL MINIMUM ADJUSTMENT. (a) In General.--Subsection (b) of section 5343 of title 5, United States Code, is amended by striking ``(b)'' and inserting ``(b)(1)'', and by adding at the end the following: ``(2)(A) Effective as of the first day of the first applicable pay period beginning on or after January 1 of each year, the rates of pay for the regular and special wage schedules shall be adjusted (by the lead agency or by the Office of Personnel Management, as appropriate) by the percentage equal to the overall average percentage adjustment taking effect on that same date, with respect to General Schedule positions within the pay locality corresponding (or, if none corresponds exactly, the pay locality most nearly corresponding, as determined by such agency or Office) to the local wage area involved, under sections 5303 and 5304-5304a. ``(B) Nothing in this paragraph shall prevent any adjustment in wage schedules from taking effect in a year, under any other provisions of this section (based on a wage survey or interim survey), to the extent that the adjustment taking effect under subparagraph (A) in such year does not, with respect to the local wage area involved, fully provide for the adjustment required under those other provisions with respect to such year. ``(C) No provision of law enacted after the date of the enactment of the Federal Wage Worker Pay Fairness Act of 2001 may be held to supersede, repeal, or modify this paragraph, except to the extent that it does so expressly.''. (b) Technical and Conforming Amendments.--(1) The first sentence of section 5343(a) of title 5, United States Code, is amended by striking ``rates.'' and inserting ``rates, subject to succeeding provisions of this section.''. (2) Section 5348 of title 5, United States Code, is amended by adding at the end the following: ``(c) No provision of law enacted after the date of the enactment of the Federal Wage Worker Pay Fairness Act of 2001 may be held to supersede, repeal, or modify this section, except to the extent that it does so expressly.''. SEC. 5. RESTORATION OF ``MONRONEY AMENDMENT'' PROTECTIONS. (a) In General.--Paragraph (2) of section 5343(d) of title 5, United States Code, is amended to read as follows: ``(2) When the agency specified in subsection (a)(3)(A) determines that there is a number of comparable positions in private industry insufficient to establish the wage schedules and rates, such agency shall establish the wage schedules and rates to be applicable to prevailing rate employees on the basis of-- ``(A) local private industry rates; and ``(B) rates paid for comparable positions in private industry in the nearest wage area that such agency determines is most similar in the nature of its population, employment, manpower, and industry to the local wage area for which the wage survey is being made.''. (b) Conforming Amendment.--Section 5343(d)(1) of title 5, United States Code, is amended by striking ``A lead agency, in making a wage survey,'' and inserting ``In making a wage survey, the agency specified in subsection (a)(3)(A)''. SEC. 6. PAY LOCALITY DEFINED. Section 5342(a) of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``; and'', and by adding at the end the following: ``(4) `pay locality' has the meaning given that term by section 5302.''. SEC. 7. CONVERSION RULES. Rates of pay for employees subject to subchapter IV of chapter 53 of title 5, United States Code, shall be initially adjusted, following the enactment of this Act, under conversion rules prescribed by the Office of Personnel Management in consultation with the Federal Salary Council (described in section 5304(e) of title 5, United States Code). SEC. 8. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on October 1, 2001. (b) Reporting Requirements.--The Federal Prevailing Rate Advisory Committee (described in section 5347 of title 5, United States Code) shall submit to Congress a written report-- (1) within 90 days after the date of the enactment of this Act, describing any transfer of functions or duties, and any administrative actions, that will be required in order to implement this Act; and (2) within 180 days after the date of the enactment of this Act, describing-- (A) the extent to which the transfers and actions described under paragraph (1) have occurred; and (B) to the extent that there remain any transfers or actions (described under paragraph (1)) that have not yet occurred, the anticipated timetable for their completion.

Federal Wage Worker Pay Fairness Act of 2001 - Requires the Office of Personnel Management to define the boundaries of local wage areas for prevailing rate employees so as to be the same as the boundaries of the respective pay localities, subject to such exceptions as the Office, with the approval of the Federal Salary Council, may find to be necessary.Requires that wage surveys be conducted by the Bureau of Labor Statistics (BLS) responsible for conducting surveys of pay localities. (Currently, such wage surveys are conducted by the lead agency for each local wage area.)Requires annual adjustment of the rates of pay for the regular and special wage schedules by the lead agencies or the Office, as appropriate, by the percentage equal to the overall average percentage adjustment taking effect with respect to General Schedule positions.Requires the BLS (currently, the lead agency of the local wage area involved) to establish the wage schedules and rates to be applicable to prevailing rate employees in that area when there are a number of comparable positions in private industry insufficient to establish such wage schedules and rates.

To amend subchapter IV of chapter 53 of title 5, United States Code, relating to prevailing rate systems for Federal employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Investment Company Amendments Act of 2001''. SEC. 2. SUBSIDY FEES. (a) In General.--Section 303 of the Small Business Investment Act of 1958 (15 U.S.C. 683) is amended-- (1) in subsection (b)-- (A) by striking ``of not more than 1 percent per year''; (B) by inserting ``which amount may not exceed 1.38 percent per year, and'' before ``which shall be paid''; and (C) by striking ``September 30, 2000'' and inserting ``September 30, 2001''; and (2) in subsection (g)(2)-- (A) by striking ``of not more than 1 percent per year''; (B) by inserting ``which amount may not exceed 1.38 percent per year, and'' before ``which shall be paid''; and (C) by striking ``September 30, 2000'' and inserting ``September 30, 2001''. (b) Effective Date.--The amendments made by this section shall become effective on October 1, 2001. SEC. 3. CONFLICTS OF INTEREST. Section 312 of the Small Business Investment Act of 1958 (15 U.S.C. 687d) is amended by striking ``(including disclosure in the locality most directly affected by the transaction)''. SEC. 4. PENALTIES FOR FALSE STATEMENTS. (a) Criminal Penalties.--Section 1014 of title 18, United States Code, is amended by inserting ``, as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662), or the Small Business Administration in connection with any provision of that Act'' after ``small business investment company''. (b) Civil Penalties.--Section 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833a) is amended-- (1) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; and (2) in subsection (c)-- (A) in paragraph (1), by striking ``or'' at the end; (B) in paragraph (2)-- (i) by striking ``1341;'' and inserting ``1341''; and (ii) by striking ``institution.'' and inserting ``institution; or''; (C) by inserting immediately after paragraph (2) the following: ``(3) section 16(a) of the Small Business Act (15 U.S.C. 645(a)).''; and (D) by striking ``This section shall'' and inserting the following: ``(d) Effective Date.--This section shall''. SEC. 5. REMOVAL OR SUSPENSION OF MANAGEMENT OFFICIALS. Section 313 of the Small Business Investment Act of 1958 (15 U.S.C. 687e) is amended to read as follows: ``SEC. 313. REMOVAL OR SUSPENSION OF MANAGEMENT OFFICIALS. ``(a) Definition of `Management Official'.--In this section, the term `management official' means an officer, director, general partner, manager, employee, agent, or other participant in the management or conduct of the affairs of a licensee. ``(b) Removal of Management Officials.-- ``(1) Notice of removal.--The Administrator may serve upon any management official a written notice of its intention to remove that management official whenever, in the opinion of the Administrator-- ``(A) such management official-- ``(i) has willfully and knowingly committed any substantial violation of-- ``(I) this Act; ``(II) any regulation issued under this Act; or ``(III) a cease-and-desist order which has become final; or ``(ii) has willfully and knowingly committed or engaged in any act, omission, or practice which constitutes a substantial breach of a fiduciary duty of that person as a management official; and ``(B) the violation or breach of fiduciary duty is one involving personal dishonesty on the part of such management official. ``(2) Contents of notice.--A notice of intention to remove a management official, as provided in paragraph (1), shall contain a statement of the facts constituting grounds therefor, and shall fix a time and place at which a hearing will be held thereon. ``(3) Hearings.-- ``(A) Timing.--A hearing described in paragraph (2) shall be fixed for a date not earlier than 30 days nor later than 60 days after the date of service of notice of the hearing, unless an earlier or a later date is set by the Administrator at the request of-- ``(i) the management official, and for good cause shown; or ``(ii) the Attorney General of the United States. ``(B) Consent.--Unless the management official shall appear at a hearing described in this paragraph in person or by a duly authorized representative, that management official shall be deemed to have consented to the issuance of an order of removal under paragraph (1). ``(4) Issuance of order of removal.-- ``(A) In general.--In the event of consent under paragraph (3)(B), or if upon the record made at a hearing described in this subsection, the Administrator finds that any of the grounds specified in the notice of removal has been established, the Administrator may issue such orders of removal from office as the Administrator deems appropriate. ``(B) Effectiveness.--An order under subparagraph (A) shall-- ``(i) become effective at the expiration of 30 days after the date of service upon the subject licensee and the management official concerned (except in the case of an order issued upon consent as described in paragraph (3)(B), which shall become effective at the time specified in such order); and ``(ii) remain effective and enforceable, except to such extent as it is stayed, modified, terminated, or set aside by action of the Administrator or a reviewing court in accordance with this section. ``(c) Authority to Suspend or Prohibit Participation.-- ``(1) In general.--The Administrator may, if the Administrator deems it necessary for the protection of the licensee or the interests of the Administration, suspend from office or prohibit from further participation in any manner in the management or conduct of the affairs of the licensee, or both, any management official referred to in subsection (b)(1), by written notice to such effect served upon the management official. ``(2) Effectiveness.--A suspension or prohibition under paragraph (1)-- ``(A) shall become effective upon service of notice under paragraph (1); and ``(B) unless stayed by a court in proceedings authorized by paragraph (3), shall remain in effect-- ``(i) pending the completion of the administrative proceedings pursuant to a notice of intention to remove served under subsection (b); and ``(ii) until such time as the Administrator shall dismiss the charges specified in the notice, or, if an order of removal or prohibition is issued against the management official, until the effective date of any such order. ``(3) Judicial review.--Not later than 10 days after any management official has been suspended from office or prohibited from participation in the management or conduct of the affairs of a licensee, or both, under paragraph (1), that management official may apply to the United States district court for the judicial district in which the home office of the licensee is located, or the United States District Court for the District of Columbia, for a stay of the suspension or prohibition pending the completion of the administrative proceedings pursuant to a notice of intent to remove served upon the management official under subsection (b), and such court shall have jurisdiction to stay such action. ``(d) Authority To Suspend on Criminal Charges.-- ``(1) In general.--Whenever a management official is charged in any information, indictment, or complaint authorized by a United States attorney, with the commission of or participation in a felony involving dishonesty or breach of trust, the Administrator may, by written notice served upon that management official, suspend that management official from office or prohibit that management official from further participation in any manner in the management or conduct of the affairs of the licensee, or both. ``(2) Effectiveness.--A suspension or prohibition under paragraph (1) shall remain in effect until the subject information, indictment, or complaint is finally disposed of, or until terminated by the Administrator. ``(3) Authority upon conviction.--If a judgment of conviction with respect to an offense described in paragraph (1) is entered against a management official, then at such time as the judgment is not subject to further appellate review, the Administrator may issue and serve upon the management official an order removing that management official, which removal shall become effective upon service of a copy of the order upon the licensee. ``(4) Authority upon dismissal or other disposition.--A finding of not guilty or other disposition of charges described in paragraph (1) shall not preclude the Administrator from thereafter instituting proceedings to suspend or remove the management official from office, or to prohibit the management official from participation in the management or conduct of the affairs of the licensee, or both, pursuant to subsection (b) or (c). ``(e) Notification to Licensees.--Copies of each notice required to be served on a management official under this section shall also be served upon the interested licensee. ``(f) Procedural Provisions; Judicial Review.-- ``(1) Hearing venue.--Any hearing provided for in this section shall be-- ``(A) held in the Federal judicial district or in the territory in which the principal office of the licensee is located, unless the party afforded the hearing consents to another place; and ``(B) conducted in accordance with the provisions of chapter 5 of title 5, United States Code. ``(2) Issuance of orders.--After a hearing provided for in this section, and not later than 90 days after the Administrator has notified the parties that the case has been submitted for final decision, the Administrator shall render a decision in the matter (which shall include findings of fact upon which its decision is predicated), and shall issue and cause to be served upon each party to the proceeding an order or orders consistent with the provisions of this section. ``(3) Authority to modify orders.--The Administrator may modify, terminate, or set aside any order issued under this section-- ``(A) at any time, upon such notice, and in such manner as the Administrator deems proper, unless a petition for review is timely filed in a court of appeals of the United States, as provided in paragraph (4)(B), and thereafter until the record in the proceeding has been filed in accordance with paragraph (4)(C); and ``(B) upon such filing of the record, with permission of the court. ``(4) Judicial review.-- ``(A) In general.--Judicial review of an order issued under this section shall be exclusively as provided in this subsection. ``(B) Petition for review.--Any party to a hearing provided for in this section may obtain a review of any order issued pursuant to paragraph (2) (other than an order issued with the consent of the management official concerned, or an order issued under subsection (d)), by filing in the court of appeals of the United States for the circuit in which the principal office of the licensee is located, or in the United States Court of Appeals for the District of Columbia Circuit, not later than 30 days after the date of service of such order, a written petition praying that the order of the Administrator be modified, terminated, or set aside. ``(C) Notification to administration.--A copy of a petition filed under subparagraph (B) shall be forthwith transmitted by the clerk of the court to the Administrator, and thereupon the Administrator shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code. ``(D) Court jurisdiction.--Upon the filing of a petition under subparagraph (A)-- ``(i) the court shall have jurisdiction, which, upon the filing of the record under subparagraph (C), shall be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Administrator, except as provided in the last sentence of paragraph (3)(B); ``(ii) review of such proceedings shall be had as provided in chapter 7 of title 5, United States Code; and ``(iii) the judgment and decree of the court shall be final, except that the judgment and decree shall be subject to review by the Supreme Court of the United States upon certiorari, as provided in section 1254 of title 28, United States Code. ``(E) Judicial review not a stay.--The commencement of proceedings for judicial review under this paragraph shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Administrator under this section.''. SEC. 6. REDUCTION OF FEES. (a) Two-Year Reduction of Section 7(a) Fees.-- (1) Guarantee fees.--Section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)) is amended by adding at the end the following: ``(C) Two-year reduction in fees.--With respect to loans approved during the 2-year period beginning on October 1, 2002, the guarantee fee under subparagraph (A) shall be as follows: ``(i) A guarantee fee equal to 1 percent of the deferred participation share of a total loan amount that is not more than $150,000. ``(ii) A guarantee fee equal to 2.5 percent of the deferred participation share of a total loan amount that is more than $150,000, but not more than $700,000. ``(iii) A guarantee fee equal to 3.5 percent of the deferred participation share of a total loan amount that is more than $700,000.''. (2) Annual fees.--Section 7(a)(23)(A) of the Small Business Act (15 U.S.C. 636(a)(23)(A)) is amended by adding at the end the following: ``With respect to loans approved during the 2-year period beginning on October 1, 2002, the annual fee assessed and collected under the preceding sentence shall be in an amount equal to 0.25 percent of the outstanding balance of the deferred participation share of the loan.''. (b) Reduction of Section 504 Fees.--Section 503 of the Small Business Investment Act of 1958 (15 U.S.C. 697) is amended-- (1) in subsection (b)(7)(A)-- (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving the margins 2 ems to the right; (B) by striking ``not exceed the lesser'' and inserting ``not exceed-- ``(i) the lesser''; and (C) by adding at the end the following: ``(ii) 50 percent of the amount established under clause (i) in the case of a loan made during the 2-year period beginning on October 1, 2002, for the life of the loan; and''; and (2) by adding at the end the following: ``(i) Two-Year Waiver of Fees.--The Administration may not assess or collect any up front guarantee fee with respect to loans made under this title during the 2-year period beginning on October 1, 2002.''. (c) Budgetary Treatment of Loans and Financings.--Assistance made available under any loan made or approved by the Small Business Administration under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or financings made under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.), during the 2-year period beginning on October 1, 2002, shall be treated as separate programs of the Small Business Administration for purposes of the Federal Credit Reform Act of 1990 only. (d) Use of Funds.--The amendments made by this section to section 503 of the Small Business Investment Act of 1958, shall be effective only to the extent that funds are made available under appropriations Acts, which funds shall be utilized by the Administrator to offset the cost (as such term is defined in section 502 of the Federal Credit Reform Act of 1990) of such amendments. (e) Effective Date.--The amendments made by this section shall become effective on October 1, 2002. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Small Business Investment Company Amendments Act of 2001 - Amends the Small Business Investment Act of 1958 to: (1) increase the amount that the Small Business Administration (SBA) may charge as a subsidy fee for guaranteeing the payment of a debenture from 1.0 to 1.38 percent of the debenture amount; and (2) extend through FY 2001 the debenture maturity period.(Sec. 4) Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to provide civil penalties for false statements or representations of securities for purposes of influencing SBA actions.(Sec. 5) Authorizes the SBA Administrator to serve upon any management official (currently, only upon a director or officer of a licensee) a written notice of the SBA's intention to remove such official for violations of SBIA or for breach of duty. Revises removal requirements, including provisions concerning hearings, issuance of an order of removal, the authority to suspend or prohibit the business participation of a management official, judicial review of suspensions, and the authority to suspend a management official due to the commission of or participation in a felony involving dishonesty or a breach of trust.(Sec. 6) Reduces, for a two-year period beginning on October 1, 2002: (1) the guarantee fee for SBA-guaranteed loans to small businesses; (2) the annual fee charged for such loans; and (3) the fee charged for the SBA guaranty of the payment of principal and interest on debentures issued by a qualified State or local development company. Prohibits the SBA, with respect to the latter fee, from charging any up-front fee with respect to such loans during such two-year period. Provides for the budgetary treatment of loans and financings made to small businesses during such period. Makes this section effective only upon the availability of appropriated funds to offset the cost of such amendments.

A bill to amend the Small Business Investment Act of 1958, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Lake Champlain Zebra Mussel Control Act of 1995''. (b) References.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.). SEC. 2. PREVENTION AND CONTROL OF ZEBRA MUSSEL INFESTATION OF LAKE CHAMPLAIN. (a) Findings.--Section 1002(a) (16 U.S.C. 4701(a)) is amended-- (1) by striking paragraph (3) and inserting the following new paragraph: ``(3) the zebra mussel was unintentionally introduced into the Great Lakes and has infested waters east of the Great Lakes, into the Hudson River and Lake Champlain;'' (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) because the zebra mussel was discovered in Lake Champlain in 1993, the Congress should endeavor to act quickly to establish zebra mussel controls for Lake Champlain.''. (b) National Ballast Water Control Program.--Section 1102(a)(2) (16 U.S.C. 4712(a)(2)) is amended by inserting ``Lake Champlain and other'' after ``economic uses of''. (c) Ex Officio Members of Aquatic Nuisance Species Task Force.-- Section 1201(c) (16 U.S.C. 4721(c)) is amended by inserting ``, the Lake Champlain Basin Program,'' before ``and State agencies''. (d) Aquatic Nuisance Species Program.--Subsections (b)(6) and (i)(1) of section 1202 (16 U.S.C. 4722) are each amended by inserting ``, Lake Champlain,'' after ``Great Lakes'' each place it appears. SEC. 3. VOLUNTARY GUIDELINES. Section 1202(c) (16 U.S.C. 4722(c)) is amended by adding at the end the following new paragraph: ``(3) Voluntary guidelines.--Not later than 1 year after the date of enactment of this paragraph, the Task Force shall develop and submit to the Secretary for issuance by the Secretary, voluntary guidelines for controlling the spread of the zebra mussel through recreational activities, including boating and fishing. Not later than the date specified in the preceding sentence, the Secretary shall issue voluntary guidelines that incorporate the guidelines developed by the Task Force under this paragraph.''. SEC. 4. STATE AND WATERSHED AQUATIC NUISANCE SPECIES MANAGEMENT PLANS. Section 1204(a) (16 U.S.C. 4724(a)) is amended-- (1) by striking ``(a) State Plan.--'' and inserting the following: ``(a) State or Watershed Plan.--''; (2) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by inserting ``or the appropriate official of a watershed organization'' after ``the Governor of each State''; and (B) in subparagraphs (A) and (B), by inserting ``or the watershed'' after ``within the State'' each place it appears; (3) in paragraph (3)-- (A) in subparagraph (A), by inserting ``or watershed organization'' after ``the State''; and (B) in subparagraph (B), by inserting ``or the appropriate official of a watershed organization'' after ``a State''; (4) in paragraph (4), by inserting ``or the appropriate official of the watershed organization'' after ``the Governor''; and (5) by adding at the end the following new paragraph: ``(5) Watershed organization defined.--For purposes of this subsection, the term `watershed organization' means an entity with jurisdiction over the management of a watershed pursuant to applicable Federal and State law.''. SEC. 5. SEA GRANT COLLEGE DESIGNATION. Section 207 of the National Sea Grant College Program Act (33 U.S.C. 1126) is amended by adding at the end the following: ``(d) Designation of University of Vermont.--Notwithstanding any other provision of this Act-- ``(1) the University of Vermont in Burlington, Vermont, is deemed to meet the requirements for designation as a sea grant college under this section; and ``(2) not later than 30 days after the date of enactment of the Lake Champlain Zebra Mussel Control Act of 1995, the Secretary shall designate the University of Vermont as a sea grant college.''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 1301 (16 U.S.C. 4741) is amended-- (1) in subsection (a)(3), by striking ``1993, 1994, and 1995'' and inserting ``1996 through 2000''; (2) in subsection (b)-- (A) by striking ``1991, 1992, 1993, 1994, and 1995'' and inserting ``1996 through 2000''; (B) in paragraph (3), by inserting ``, and the Lake Champlain Research Consortium,'' after ``Laboratory''; (C) in paragraph (4)(A)-- (i) by inserting after ``(33 U.S.C. 1121 et seq.)'' the following: ``and grants to colleges for the benefit of agriculture and the mechanic arts referred to in the first section of the Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 322)''; and (ii) by inserting ``and the Lake Champlain basin'' after ``Great Lakes region''; and (D) in paragraph (7), by striking ``$2,000,000'' and inserting ``$4,000,000''; and (3) in subsection (c), by striking ``1991, 1992, 1993, 1994, and 1995'' and inserting ``1996 through 2000''.

Lake Champlain Zebra Mussel Control Act of 1995 - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to: (1) require the Aquatic Nuisance Species Task Force to study whether aquatic nuisance species threaten the ecological characteristics and economic uses of Lake Champlain; (2) require the designated chairpersons to invite representatives of the Lake Champlain Basin Program to participate as ex officio members of the Task Force; and (3) include Lake Champlain among the waters with respect to which the aquatic nuisance species and zebra mussel demonstration programs apply. Requires, within one year: (1) the Task Force to develop and submit to the Secretary of the department in which the Coast Guard is operating voluntary guidelines for controlling the spread of the zebra mussel through recreational activities, including boating and fishing; and (2) the Secretary to issue voluntary guidelines that incorporate the guidelines developed by the Task Force. Revises the Act to provide for the preparation and submission of a comprehensive management plan and a public facility management plan by the Governor of each State (as under current law) or the appropriate official of a watershed organization. Defines "watershed organization" to mean an entity with jurisdiction over the management of a watershed pursuant to applicable Federal and State law. Amends the National Sea Grant College Program Act to direct the Secretary to designate the University of Vermont in Burlington, Vermont, as a sea grant college under the Act. Authorizes appropriations.

Lake Champlain Zebra Mussel Control Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Data Cap Integrity Act of 2012''. SEC. 2. TRUTH-IN-LABELING REQUIREMENTS. It is the sense of Congress that the Federal Communications Commission should continue its work to ensure that consumers of Internet services are clearly and consistently provided information that describes the services they are purchasing, including-- (1) the cost of the services they are purchasing; (2) the rate of the upload and download speed that the consumer is paying for; (3) service limits the Internet service provider establishes for purposes of network management, including bandwidth throttling or rate limiting; (4) contract term; and (5) legal and privacy policies. SEC. 3. MANAGING BROADBAND CONGESTION. (a) Definitions.--In this section-- (1) the term ``Commission'' means the Federal Communications Commission; (2) the term ``covered Internet service provider'' means an Internet service provider that imposes a data cap on consumers of the provider; and (3) the term ``data cap'' means-- (A) a limit on the amount of bits a consumer of an Internet service provider may download or upload during a period of time specified by the Internet service provider; or (B) a fee-based structure with the purpose of limiting the bits a consumer of an Internet service provider may download or upload during a period of time specified by the Internet service provider. (b) Certification of Internet Service Providers.-- (1) In general.--An Internet service provider may not impose a data cap on the consumers of the provider unless the provider is certified by the Commission under paragraph (2). (2) Certification by commission.-- (A) Accuracy in measurement.-- (i) In general.--The Commission shall consult with the National Institute of Standards and Technology and other experts, including those in the private sector, to establish standards to which an Internet service provider shall adhere in order to accurately measure household data usage of consumers of the provider and such standards must apply to the-- (I) hardware devices used in homes of consumers and throughout the network of the Internet service provider to measure data usage; and (II) the mechanism, including firmware and software, used by the Internet service provider to measure data usage. (ii) Public comment.--Prior to finalizing the standards required under clause (i), the Commission shall allow for, and take into consideration, public comment on proposed standards. (B) Smart data caps instead of dumb ones.--The Commission shall evaluate a data cap proposed by an Internet service provider to determine whether the data cap functions to reasonably limit network congestion in a manner that does not unnecessarily discourage use of the Internet. (C) Certification.--The Commission shall provide certification to an Internet service provider, if the Commission determines that-- (i) the Internet service provider is accurately measuring household data usage consistent with the standards established under subparagraph (A); and (ii) the data cap proposed by the Internet service provider functions to reasonably limit network congestion without unnecessarily restricting Internet use. (c) Discrimination of Content.--A covered Internet service provider may not, for purposes of measuring data usage or otherwise, provide preferential treatment of data that is based on the source or the content of the data. (d) Consumer Control of Data Usage.-- (1) In general.--A covered Internet service provider shall, upon the first day of Internet service provided to a consumer, identify commercially available tools that allow the consumer to-- (A) monitor, in real time to the extent feasible, the amount of bits that the consumer has uploaded or downloaded, and the relationship such information has to the terms of the data cap of the Internet service provider; and (B) control uploads and downloads on all wireline and wireless devices that have access to the Internet service network of the consumer. (2) Provision of tools.--If any of the tools described in paragraph (1) are not commercially available, the Internet service provider shall provide such tools to the consumer on the first day that Internet service is provided to the consumer. (e) Enforcement.-- (1) In general.--The Commission shall-- (A) establish a procedure to enable individuals to file a complaint with the Commission relating to an Internet service provider and whether the provider is accurately measuring data use in relation to a data cap; and (B) promptly investigate any complaint filed in accordance with the procedure established under subparagraph (A). (2) Authority to impose civil penalty.-- (A) In general.--The Commission may impose a civil penalty on an Internet service provider that inaccurately measures data use in relation to a data cap that is inconsistent with the standards established under subsection (b)(2)(A). (B) Establishment of fund.--There is established in the Treasury of the United States a fund to be known as the ``Data Cap Integrity Fund'' (referred to in this paragraph as the ``Fund''). (C) Deposits.--Notwithstanding section 3302 of title 31, United States Code, or any other law regarding the crediting of money received for the Government, there shall be deposited in the Fund any civil penalty collected by the Commission under subparagraph (A). (D) Expenditures from fund.--Amounts in the Fund shall be available to the Commission to make payments to any individual who has filed a complaint in accordance with the procedure established under paragraph (1)(A) in order to make the individual financially whole as a result of an inaccurate measurement of data use by an Internet service provider. (E) Excess amounts.--Effective on September 30, 2013, and each year thereafter, all unobligated balances in excess of $5,000,000 shall be transferred to the General Fund of the Treasury for the purpose of deficit reduction. (f) Regulations.--Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations to implement this section.

Data Cap Integrity Act of 2012 - Expresses the sense of Congress that the Federal Communications Commission (FCC) should continue its work to ensure that consumers of Internet services are clearly and consistently provided information describing the purchased services, including: (1) the cost of services; (2) the rate of upload and download speed for which the consumer is paying; (3) the service limits the Internet service provider (ISP) establishes for purposes of network management, including bandwidth throttling or rate limiting; (4) contract terms; and (5) legal and privacy policies. Prohibits an ISP from imposing a data cap on consumers unless the ISP is certified by the FCC. Defines "data cap" as a limit on, or a fee-based structure with the purpose of limiting, the amount of bits a consumer may download or upload during a period of time specified by the ISP. Directs the FCC, after considering any public comment, to establish standards for ISPs to accurately measure household data usage of consumers. Requires the FCC to certify an ISP if it determines that: (1) the ISP is accurately measuring household data usage consistent with such standards, and (2) the data cap proposed by the ISP functions to reasonably limit network congestion without unnecessarily restricting Internet use. Prohibits an ISP that imposes a data cap on consumers from providing preferential treatment based on the source or the content of the data. Directs such an ISP to identify commercially available tools allowing the consumer to: (1) monitor the amount of bits that the consumer has uploaded or downloaded and the relationship such information has to the terms of the data cap, and (2) control uploads and downloads on all wireline and wireless devices accessing the consumer's Internet network. Directs the FCC to establish enforcement procedures enabling individuals to file a complaint with the FCC to investigate the accuracy of an ISP's data use measurements. Authorizes the FCC to impose civil penalties on ISPs for inaccurate measurements in relation to a data cap. Establishes the Data Cap Integrity Fund for the FCC to deposit such civil penalties and make payments to complainants. Requires any specified excess amounts to be transferred to the Treasury's general fund for deficit reduction.

A bill to improve the ability of consumers to control their digital data usage, promote Internet use, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interagency Cybersecurity Cooperation Act''. SEC. 2. INTERAGENCY COMMUNICATIONS SECURITY COMMITTEE. (a) Establishment.--Not later than 6 months after the date of the enactment of this Act, the Federal Communications Commission shall establish an advisory committee to be known as the Interagency Communications Security Committee (in this section referred to as the ``Committee''). (b) Duties.--The Committee shall-- (1) review each communications security report submitted to the Committee under subsection (d) or (f); (2) recommend investigation to relevant agencies into any such communications security report; and (3) issue regular reports containing the results of any such investigation, the Committee's findings following each communications security incident, and policy recommendations that may arise from each communications security incident to the following: (A) The agencies represented on the Committee. (B) The Committee on Energy and Commerce of the House of Representatives. (C) The Committee on Commerce, Science, and Transportation of the Senate. (D) The Permanent Select Committee on Intelligence of the House of Representatives. (E) The Select Committee on Intelligence of the Senate. (F) The Armed Services Committee of the House of Representatives. (G) The Armed Services Committee of the Senate. (H) The Committee on Homeland Security of the House of Representatives. (I) The Committee on Homeland Security and Governmental Affairs of the Senate. (J) The Foreign Affairs Committee of the House of Representatives. (K) The Foreign Relations Committee of the Senate. (c) Membership.--The Committee shall be composed of 8 members, who shall each possess the appropriate access to classified information commensurate with the sensitivity of the classified information such members shall access in the course of service on the Committee. The members of the Committee shall include only-- (1) one appointee from the Commission, who shall not be a member of the Commission, to be appointed by the Chair of the Commission, who shall serve as Chair of the Committee; (2) one appointee from the Department of Defense, to be appointed by the Secretary of Defense; (3) one appointee from the Department of Homeland Security, to be appointed by the Secretary of Homeland Security; (4) one appointee from the Department of Justice, to be appointed by the Attorney General of the United States; (5) one appointee from the intelligence community, to be appointed by the Director of National Intelligence; (6) one appointee from the National Institute of Standards and Technology, to be appointed by the Director of the National Institute of Standards and Technology; (7) one appointee from the National Telecommunications and Information Administration, to be appointed by the Assistant Secretary of Commerce for Communications and Information; and (8) one appointee from the Office of Management and Budget, to be appointed by the Director of the Office of Management and Budget. (d) Public Communications Security Reports.--The Committee shall consider communications security reports from communications network providers. (e) Application of Critical Infrastructure Information Protections.--For purposes of subtitle B of title II of the Homeland Security Act of 2002 (6 U.S.C. 131 et seq.)-- (1) communications networks shall be treated as critical infrastructure and protected systems defined in sections 2(4) and 212(6), respectively, of the Homeland Security Act of 2002 (6 U.S.C. 101(4); 6 U.S.C. 131(6)); and (2) with respect to critical infrastructure information relating to communications networks, the Federal Communications Commission (in addition to the Department of Homeland Security) shall be treated as a covered Federal agency defined in section 212(2) of such Act. (f) Agency Communications Security Reports.--Not less frequently than every 3 months, the head of each agency shall submit to the Committee a report of each communications security incident for the previous 3 months. (g) Continuation of Committee.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) does not apply to the Committee. (h) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given that term in section 3502 of title 44, United States Code. (2) Communications network.--In this section, the term ``communications network'' means a network for the provision of wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, direct broadcast satellite service, or any other communications service. (3) Communications security incident.--The term ``communications security incident'' means any compromise, whether electronic or otherwise, of any telecommunications system that the agency has reason to believe-- (A) resulted in Government-held or private information, including passwords and other similar means of access, being viewed or extracted; or (B) resulted in the presence of outside programming on an agency computer or other electronic device. (4) Communications security report.--The term ``communications security report'' means a description of a communications security incident or multiple communications security incidents referred to the Committee.

Interagency Cybersecurity Cooperation Act This bill requires the Federal Communications Commission (FCC) to establish the Interagency Communications Security Committee as an advisory committee to: review communications security reports from federal agencies and communications network providers (wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, direct broadcast satellite service, or other communications services); recommend investigation by relevant agencies into any such report; and issue to Congress regular reports containing the results of any such investigation, the committee's findings following each communications security incident, and policy recommendations that may arise from each communications security incident. Every three months, agencies must submit to the committee a report of each communications security incident compromising a telecommunications system that resulted in: (1) government-held or private information being viewed or extracted, or (2) outside programming on an agency computer or electronic device. The bill requires communications networks to be treated as critical infrastructure and protected systems under the Homeland Security Act of 2002. The FCC is subject to the same requirements as the Department of Homeland Security concerning the protection of critical infrastructure information relating to communications networks that is voluntarily submitted to the FCC.

Interagency Cybersecurity Cooperation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Employee Retirement Protection Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) over 51 million American workers, representing about half of the private-sector workforce, do not have an employer- provided pension; (2) 600,000 private pension plans are sponsored by firms with less than 100 employees; (3) 32 million Americans working for small businesses do not have employer-provided pensions; (4) over $3,500,000,000,000 is invested in the private pension system; (5) approximately $400,000,000,000 is invested in pension plans serving companies with less than 100 employees; (6) billions of dollars in small pension plans are potentially at risk because they are held by unregulated persons; (7) public confidence in the private pension system is eroded when workers and their families lose their retirement assets due to fraud, embezzlement, or mismanagement; (8) it is a goal of the Congress to improve private pension security for employees of small businesses; (9) it is a goal and the responsibility of the Congress to protect the assets of small plans, not only for the benefit of workers and their families, but also to increase public confidence in the private pension system, thereby encouraging greater participation in the system; and (10) protection of the assets of small pension plans must be balanced against regulatory burdens which can discourage small businesses from offering pension plans. (b) Purposes.--The purposes of this Act are-- (1) to provide an enhanced level of protection for the assets of small pension plans; (2) to give the employees and owners of small businesses the tools to ensure that their retirement assets are being handled in a secure fashion; (3) to increase public confidence in the private pension system; (4) to ensure that the employees of small businesses know how to obtain accurate information about their pension plan assets; and (5) to provide clear, enforceable standards governing disclosure of financial information by custodians of small pension plans to workers and their families. SEC. 3. REQUIREMENTS FOR SMALL PENSION PLANS RELATING TO HOLDERS OF PLAN ASSETS AND ANNUAL ASSET STATEMENTS. (a) In General.--Paragraph (2) of section 104(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(a)(2)) is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following new subparagraph: ``(B) Subparagraph (A) shall apply in connection with any annual report otherwise required to be filed by the administrator of any such plan only if-- ``(i) the assets of the plan are held by an entity-- ``(I) in a manner permitted in section 403(b), or ``(II) which is a bank or other person who is approved by the Secretary of the Treasury pursuant to section 408(a)(2) of the Internal Revenue Code of 1986, and ``(ii) under the terms of the plan, such entity is required to provide to each participant and beneficiary, upon request, a written statement setting forth a listing of the assets of the plan held by such entity and the value of such assets as of the most recent valuation date. Any such entity shall also provide to the Secretary, upon request, a written statement described in clause (ii). Such entity shall certify as to the authenticity and accuracy of the information contained in any statement provided pursuant to this subparagraph. The Secretary may prescribe regulations setting forth the form and manner in which any such statement is to be provided.''. (b) Notification of Right To Asset Statement.--Subsection (b) of section 104 of such Act (29 U.S.C. 1024(b)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: ``(4) The administrator of each pension plan for which simplified annual reports are prescribed pursuant to subsection (a)(2)(A) shall notify its participants and beneficiaries of their right under subsection (a)(2)(B)(ii) to request an asset statement from an entity holding the assets of the plan. Such notification shall also inform them of their right to request that the Secretary of Labor make such requests on their behalf. Such notification shall be included as part of the materials necessary to fairly summarize the latest annual report.''. (c) Liability of Administrator for Failure To Ensure Prompt Distribution of Requested Statements.--Subsection (c) of section 502 of such Act (29 U.S.C. 1132(c)) is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph: ``(7)(A)(i) In any case in which an entity described in section 104(a)(2)(B)(i) holding the assets of a pension plan fails or refuses to comply with a request, by a participant or beneficiary under the plan, for any statement which such entity is required by the plan, pursuant to section 104(a)(2)(B)(ii), to provide to such participant or beneficiary by mailing the material requested to the last known address of the requesting participant or beneficiary within 30 days after the date of the receipt of such request, the administrator of such plan may in the court's discretion be personally liable to such participant or beneficiary in the amount of up to $100 a day from the date of such failure or refusal, and the court may in its discretion order such other relief as it deems proper. The Secretary may prescribe, by regulation, alternate means of satisfying the requirements of this clause. ``(ii) For purposes of this subparagraph, each violation described in clause (i) with respect to any single participant or beneficiary shall be treated as a separate violation. ``(iii) No liability shall arise under this subparagraph for any failure resulting from matters reasonably beyond the control of the entity or the plan administrator. ``(B)(i) If, within 30 days after a request by the Secretary to an entity described in section 104(a)(2)(B)(i) holding the assets of a pension plan, the entity fails to provide the asset statement requested to the Secretary, the Secretary may assess a civil penalty against the plan administrator of up to $100 a day from the date of such failure. ``(ii) No penalty shall be imposed under this subparagraph for any failure resulting from matters reasonably beyond the control of the entity or the plan administrator, as determined by the Secretary in the Secretary's sole discretion. ``(C) For purposes of this paragraph, the inclusion of materially incorrect or incomplete information in any statement provided in response to a request made pursuant to section 104(a)(2) shall be treated as a failure to comply with such request.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to plan years beginning after 180 days after the date of the enactment of this Act.

Small Business Employee Retirement Protection Act of 1998 - Amends the Employee Retirement Income Security Act of 1974 to establish requirements, for pension plans covering less than 100 participants, relating to holders of plan assets and to annual asset statements.

Small Business Employee Retirement Protection Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Depository Institution Customers Financial Privacy Enhancement Act of 1998''. SEC. 2. CONFIDENTIAL FINANCIAL INFORMATION OF CUSTOMERS OF DEPOSITORY INSTITUTIONS. (a) Banks and Savings Associations.--Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: ``(t) Privacy of Financial Information.--Notwithstanding any other provision of law, the Federal banking agencies shall each prescribe regulations to require each insured depository institution-- ``(1) to protect the confidentiality of financial information of, and relating to, the customers of the institution; ``(2) to inform the customers of the institution whenever-- ``(A) financial information is being collected that pertains to such customers; or ``(B) a depository institution intends (with the approval of the customer pursuant to paragraph (3)(B)) to offer financial information pertaining to such customer to any other person, including an affiliate or agent of such institution; and ``(3) to refrain, and to take measures reasonably designed to prevent their agents, from using, disclosing, or permitting access to individually identifiable financial information pertaining to any customer except-- ``(A) for the provision of the financial services from which such information is derived, or services necessary to, or used in, the provision of such services; ``(B) upon the affirmative written request, or with the affirmative written consent, of the customer to whom the information pertains; or ``(C) upon request of the appropriate Federal banking agency or as otherwise required by law.''. (b) Credit Unions.--Section 206 of the Federal Credit Union Act (12 U.S.C. 1786) is amended by adding at the end the following new subsection: ``(w) Privacy of Financial Information.--Notwithstanding any other provision of law, the Board shall prescribe regulations to require each insured credit union-- ``(1) to protect the confidentiality of financial information of, and relating to, the members of the credit union; ``(2) to inform the members of the credit union whenever-- ``(A) financial information is being collected that pertains to such members; or ``(B) a credit union intends (with the approval of the member pursuant to paragraph (3)(B)) to offer financial information pertaining to such member to any other person, including an agent or affiliate of such credit union; and ``(3) to refrain, and to take measures reasonably designed to prevent their agents, from using, disclosing, or permitting access to individually identifiable financial information pertaining to any member except-- ``(A) for the provision of the financial services from which such information is derived, or services necessary to, or used in, the provision of such services; ``(B) upon the affirmative written request, or with the affirmative written consent, of the member to whom the information pertains; or ``(C) upon request of the Board or as otherwise required by law.''. SEC. 3. CONFIDENTIAL FINANCIAL INFORMATION OF CUSTOMERS OF DEPOSITORY INSTITUTION HOLDING COMPANIES. (a) Bank Holding Company.--Section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1843) is amended by adding at the end the following new subsection: ``(k) Privacy of Financial Information.--Notwithstanding any other provision of law, the Board shall prescribe regulations to require any bank holding company and any affiliate of a bank holding company (other than a depository institution subsidiary of such company which is subject to section 18(t) of the Federal Deposit Insurance Act)-- ``(1) to protect the confidentiality of financial information of, and relating to, the customers of the bank holding company or affiliate; ``(2) to inform a customer of the company or affiliate whenever-- ``(A) financial information is being collected that pertains to such customer; or ``(B) the company or affiliate intends (with the approval of the customer pursuant to paragraph (3)(B)) to offer financial information pertaining to such customer to any other person, including another affiliate or an agent of such company or affiliate; and ``(3) to refrain, and to take measures reasonably designed to prevent their agents, from using, disclosing, or permitting access to individually identifiable financial information pertaining to any such customer except-- ``(A) for the provision of the financial services from which such information is derived, or services necessary to, or used in, the provision of such services; ``(B) upon the affirmative written request, or with the affirmative written consent, of the customer to whom the information pertains; or ``(C) upon request of the Board or as otherwise required by law.''. (b) Savings and Loan Holding Companies.--Section 10 of the Home Owners' Loan Act (12 U.S.C. 1467a) is amended by adding at the end the following new subsection: ``(u) Privacy of Financial Information.--Notwithstanding any other provision of law, the Director shall prescribe regulations to require any savings and loan holding company and any affiliate of a savings and loan holding company (other than a depository institution subsidiary of such company which is subject to section 18(t) of the Federal Deposit Insurance Act)-- ``(1) to protect the confidentiality of financial information of, and relating to, the customers of the savings and loan holding company or affiliate; ``(2) to inform a customer of the company or affiliate whenever-- ``(A) financial information is being collected that pertains to such customer; or ``(B) the company or affiliate intends (with the approval of the customer pursuant to paragraph (3)(B)) to offer financial information pertaining to such customer to any other person, including another affiliate or an agent of such company or affiliate; and ``(3) to refrain, and to take measures reasonably designed to prevent their agents, from using, disclosing, or permitting access to individually identifiable financial information pertaining to any such customer except-- ``(A) for the provision of the financial services from which such information is derived, or services necessary to, or used in, the provision of such services; ``(B) upon the affirmative written request, or with the affirmative written consent, of the customer to whom the information pertains; or ``(C) upon request of the Director or as otherwise required by law.''.

Depository Institution Customers Financial Privacy Enhancement Act of 1998 - Amends the following Acts to prescribe guidelines under which the Federal banking agencies shall prescribe regulations requiring financial institutions to protect the confidentiality of financial information relating to their customers: (1) the Federal Deposit Insurance Act; (2) the Federal Credit Union Act; (3) the Bank Holding Company Act of 1956; and (4) the Home Owners' Loan Act.

Depository Institution Customers Financial Privacy Enhancement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Contractors Accountability Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) Need for database.--(A) By spending over $215,000,000,000 a year on procurement and nonprocurement awards for goods and services, the Federal Government is the largest consumer in the world. (B) It is in the best interest of the Federal Government and its taxpayers to award contract and assistance to entities that are responsible and have a suitable record of integrity and business ethics. (C) There is no centralized, comprehensive database on judicial actions, consent decrees, administrative agreements, terminations, or settlements with respect to potential Federal contractors or assistance participants. (D) Federal officials do not have the resources necessary to assemble such information for each Federal procurement award. (E) The lack of this information compromises the Federal Government's ability to safeguard the integrity of the Federal procurement and assistance activities. (F) It is in the best business interests of the Federal Government to have all information possible regarding potential contractors' and assistance participants' performance and integrity records to assure that persons with which the Government does business are presently responsible. (2) Reality of debarments and suspensions of top 43 federal contractors.--Since 1990-- (A) of the top 43 Federal contractors based on total contract dollars received-- (i) 16 have a total of 28 criminal convictions; and (ii) 4 of the top ten have at least 2 criminal convictions; (B) such 43 contractors have paid a total of $3,400,000,000 in fines, penalties, restitution, settlements, and clean-up costs under the Superfund program; and (C) despite such fines and criminal convictions, only one of the 43 contractors has been debarred or suspended from contracting with the Federal Government, for only 5 days. (3) Need for database not fulfilled.-- (A) There is no centralized listing of criminal or civil indictments, convictions, fines, penalties, restitution, and settlement assessments relating to contractors or assistance participants. (B) Potential Federal contractors or assistance participants are not required to disclose all relevant criminal, civil, or administrative rulings or resolutions during the Federal procurement award process. (C) Without such a database or disclosure, Federal award officials and debarment officials lack important information relevant to present responsibility. SEC. 3. DATABASE FOR FEDERAL DEBARMENT OFFICIALS AND CONTRACTING OFFICERS. (a) In General.--The Administrator of General Services shall establish and maintain a database of information regarding integrity and performance of Federal contracts and assistance recipients for use by Federal procurement award officials and Federal officials having authority to debar or suspend persons from Federal contracts or assistance. (b) Information Included.--The database-- (1) shall consist of information regarding judicial and administrative proceedings initiated or concluded by the Federal Government and State governments against Federal contractors or assistance recipients; and (2) shall include with respect to each entity awarded a Federal contract or assistance-- (A) information regarding all proceedings referred to in paragraph (1) against that person in at least the most recent 5-year period; (B) with respect to each proceeding-- (i) a brief description of the proceeding; and (ii) any amount paid by the person to the Federal Government or a State government; (C) all Federal contracts and assistance awarded to the person that were terminated in such period due to default; (D) all Federal debarments and suspensions of the person in that period; and (E) all Federal suspension and debarment or administrative agreements signed with such person in that period. (c) Input of Data.--The Administrator shall design and maintain the database in a manner that allows the appropriate officials of each Federal agency to directly input and update in the database information relating to actions it has taken with regard to contractors or assistance recipients. (d) Availability.--The Administrator shall make the database available to all Federal agencies and to the public in accordance with section 552 of title 5, United States Code, popularly known as the Freedom of Information Act. SEC. 4. SUSPENSION AND DEBARMENT PRESUMPTION FOR REPEAT VIOLATORS AND POOR PERFORMERS. (a) In General.--Federal agency suspension and debarment regulations shall be amended by no later than 180 days after the date of the enactment of this Act to provide that an entity shall be presumed nonresponsible with respect to award of a Federal contract or assistance if the entity has rendered against it twice within any 3- year period a judgment or conviction for the same offense, or similar offenses, if each conviction constitutes a cause for debarment under the Governmentwide debarment system. (b) Rebuttal.--The presumption under subsection (a) shall be rebutted only if the entity demonstrates, by clear and convincing evidence, that the entity is presently responsible and has corrected the conditions that gave rise to the violations. (c) Repeat Violations.--An agency suspending official may deem evidence of repeat violations under subsection (a) as sufficient reason to find that immediate action is necessary to suspend an entity under the regulations until the entity fulfills the requirements of subsection (b). SEC. 5. DISCLOSURE IN APPLICATIONS. Federal regulations shall be amended by no later than 180 days after the date of the enactment of this Act to require that in applying for any Federal contract or assistance, whether by submission of a proposal, any solicitation, bid, or other offer, an entity shall disclose in writing-- (1) all Federal or State debarments or suspensions of the entity from contracts or assistance in the 5-year period preceding the date of submission of the application; (2) all judicial and administrative proceedings against the entity by the Federal Government or any State that occurred in the 5-year period preceding the date of the application; and (3) all administrative agreements with respect to Federal contracts or assistance that the entity is implementing to avoid suspension or debarment within 5 years of the date of the submission of the application. SEC. 6. ROLE OF INTERAGENCY COMMITTEE. The Interagency Committee on Debarment and Suspension shall-- (1) resolve issues regarding which of several Federal agencies is the lead agency having responsibility to initiate suspension or debarment proceedings; (2) coordinate actions among interested agencies with respect to such action; (3) encourage and assist Federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the Governmentwide suspension and debarment system; (4) recommend to the Office of Management and Budget changes to Government debarment and suspension system and its rules, if such recommendations are approved by a majority of the Interagency Committee; (5) authorize the Office of Management and Budget to issue guidelines that implement those recommendations; (6) authorize the chair of the Committee to establish subcommittees as appropriate to best enable the Interagency Committee to carry out its functions; and (7) submit to the Congress an annual report on-- (A) the progress and efforts to improve the suspension and debarment system; (B) member agencies' active participation in the committee's work; and (C) a summary of each agency's activities and accomplishments in the Governmentwide debarment system. SEC. 7. AUTHORIZATION OF INDEPENDENT AGENCIES. Any agency, commission, or organization of the Federal Government to which Executive Order 12549 does not apply is authorized to participate in the Governmentwide suspension and debarment system and may recognize the suspension or debarment issued by an executive branch agency in its own procurement or assistance activities. SEC. 8. USE OF PAYMENTS UNDER ADMINISTRATIVE AGREEMENTS. (a) In General.--A Federal agency may-- (1) retain amounts described in subsection (b); and (2) use those amounts solely-- (A) to administer, review, or oversee compliance with suspension or debarment administrative agreements; and (B) for costs associated with establishing and maintaining the database under section 3, including for input and update of information in the database. (b) Amounts Described.--The amounts referred to in subsection (a) are amounts received by the agency as payment made by any Federal contractor or assistance participant pursuant to an administrative agreement with respect to a Federal contract or assistance activity. (c) Restriction.--Amounts retained under subsection (a)(1) may not be used for agency administration or expenses not described in subsection (a)(2). SEC. 9. DEFINITIONS. In this Act: (1) Interagency committee.--The term ``Interagency Committee on Debarment and Suspension'' means such committee constituted under sections 4 and 5 and of Executive Order 12549. (2) Assistance.--The term ``assistance'' means Federal grants, cooperative agreements, loans, loan guarantees, and other benefits included as covered transactions under the Governmentwide nonprocurement suspension and debarment rules. (3) Contract.--The term ``contract'' means those direct procurement transactions covered by subpart 9.4 of the Federal Acquisition Regulation.

Contractors Accountability Act of 2002 - Directs the Administrator of General Services to establish and maintain a database of information regarding integrity and performance of Federal contracts and assistance recipients for use by Federal procurement award officials and Federal officials having authority to debar or suspend persons from Federal contracts or assistance. Includes within required database information all judicial and administrative proceedings against such contractors or assistance recipients. Requires such information to be available to all Federal agencies and the public.Requires Federal agency suspension and debarment regulations to be amended to provide that an entity shall be presumed to be nonresponsible with respect to the award of a Federal contract or assistance if the entity has rendered against it twice within any three-year period a judgment or conviction for the same offense, if each conviction constitutes a cause for Federal debarment.Requires entities to disclose in contract or assistance solicitations, bids, or offers all debarments or suspensions, judicial and administrative proceedings against the entity, and agreements that the entity is performing to avoid suspension or debarment within the last five years.Requires the Interagency Committee on Debarment and Suspension to take certain actions with respect to Federal suspension or debarment proceedings.Allows: (1) Federal agencies, commissions, or organizations not currently participating in the Federal suspension and debarment system to do so; and (2) payments received under administrative agreements to avoid suspension or debarment to be used for costs associated with the database.

To improve Federal agency oversight of contracts and assistance and to strengthen accountability of the governmentwide debarment and suspension system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016'' or the ``CHIP IN for Vets Act of 2016''. SEC. 2. PILOT PROGRAM ON ACCEPTANCE BY THE DEPARTMENT OF VETERANS AFFAIRS OF DONATED FACILITIES AND RELATED IMPROVEMENTS. (a) Pilot Program Authorized.-- (1) In general.--Notwithstanding sections 8103 and 8104 of title 38, United States Code, the Secretary of Veterans Affairs may carry out a pilot program under which the Secretary may accept donations of the following property from entities described in paragraph (2): (A) Real property (including structures and equipment associated therewith)-- (i) that includes a constructed facility; or (ii) to be used as the site of a facility constructed by the entity. (B) A facility to be constructed by the entity on real property of the Department of Veterans Affairs. (2) Entities described.--Entities described in this paragraph are the following: (A) A State or local authority. (B) An organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (C) A limited liability corporation. (D) A private entity. (E) A donor or donor group. (F) Any other non-Federal Government entity. (3) Limitation.--The Secretary may accept not more than five donations of real property and facility improvements under the pilot program and as described in this section. (b) Conditions for Acceptance of Property.--The Secretary may accept the donation of a property described in subsection (a)(1) under the pilot program only if-- (1) the property is-- (A) a property with respect to which funds have been appropriated for a Department facility project; or (B) a property identified as-- (i) meeting a need of the Department as part of the long-range capital planning process of the Department; and (ii) the location for a Department facility project that is included on the Strategic Capital Investment Planning process priority list in the most recent budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code; and (2) an entity described in subsection (a)(2) has entered into or is willing to enter into a formal agreement with the Secretary in accordance with subsection (c) under which the entity agrees to independently donate the real property, improvements, goods, or services, for the Department facility project in an amount acceptable to the Secretary and at no additional cost to the Federal Government. (c) Requirement To Enter Into an Agreement.-- (1) In general.--The Secretary may accept real property and improvements donated under the pilot program by an entity described in subsection (a)(2) only if the entity enters into a formal agreement with the Secretary that provides for-- (A) the donation of real property and improvements (including structures and equipment associated therewith) that includes a constructed facility; or (B) the construction by the entity of a facility on-- (i) real property and improvements of the Department of Veterans Affairs; or (ii) real property and improvements donated to the Department by the entity. (2) Content of certain agreements.--With respect to an entity described in subsection (a)(2) that seeks to enter into a formal agreement under paragraph (1) of this subsection that includes the construction by the entity of a facility, the formal agreement shall provide for the following: (A) The entity shall conduct all necessary environmental and historic preservation due diligence, shall comply with all local zoning requirements (except for studies and consultations required of the Department under Federal law), and shall obtain all permits required in connection with the construction of the facility. (B) The entity shall use construction standards required of the Department when designing and building the facility, except to the extent the Secretary determines otherwise. (C) The entity shall provide the real property, improvements, goods, or services in a manner described in subsection (b)(2) sufficient to complete the construction of the facility, at no additional cost to the Federal Government. (d) No Payment of Rent or Usage Fees.--The Secretary may not pay rent, usage fees, or any other amounts to an entity described in subsection (a)(2) or any other entity for the use or occupancy of real property or improvements donated under this section. (e) Funding.-- (1) From department.-- (A) In general.--The Secretary may not provide funds to help the entity finance, design, or construct a facility in connection with real property and improvements donated under the pilot program by an entity described in subsection (a)(2) that are in addition to the funds appropriated for the facility as of the date on which the Secretary and the entity enter into a formal agreement under subsection (c) for the donation of the real property and improvements. (B) Terms and conditions.--The Secretary shall provide funds pursuant to subparagraph (A) under such terms, conditions, and schedule as the Secretary determines appropriate. (2) From entity.--An entity described in subsection (a)(2) that is donating a facility constructed by the entity under the pilot program shall be required, pursuant to a formal agreement entered under subsection (c), to provide other funds in addition to the amounts provided by the Department under paragraph (1) that are needed to complete construction of the facility. (f) Application.--An entity described in subsection (a)(2) that seeks to donate real property and improvements under the pilot program shall submit to the Secretary an application to address needs relating to facilities of the Department, including health care needs, identified in the Construction and Long-Range Capital Plan of the Department, at such time, in such manner, and containing such information as the Secretary may require. (g) Information on Donations and Related Projects.-- (1) In general.--The Secretary shall include in the budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code, information regarding real property and improvements donated under the pilot program during the year preceding the submittal of the budget and the status of facility projects relating to that property. (2) Elements.--Information submitted under paragraph (1) shall include a detailed status of donations of real property and improvements conducted under the pilot program and facility projects relating to that property, including the percentage completion of the donations and projects. (h) Biennial Report of Comptroller General of the United States.-- Not less frequently than once every two years until the termination date set forth in subsection (i), the Comptroller General of the United States shall submit to Congress a report on the donation arrangements entered into under the pilot program. (i) Termination.--The authority for the Secretary to accept donations under the pilot program shall terminate on the date that is five years after the date of the enactment of this Act. (j) Rule of Construction.--Nothing in this section shall be construed as a limitation on the authority of the Secretary to enter into other arrangements or agreements that are authorized by law and not inconsistent with this section.

Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016 or the CHIP IN for Vets Act of 2016 This bill authorizes the Department of Veterans Affairs (VA) to carry out a pilot program under which it may accept up to five donations from specified non-federal entities of: (1) real property that includes a constructed facility or that is to be used as the site of a facility constructed by the entity, and (2) a facility to be constructed by the entity on real property of the VA. The VA may accept such a donation only if the property is: (1) a property for which funds have been appropriated for a VA facility project, or (2) identified both as meeting a VA need as part of its long-range capital planning process and as the location for a VA facility project that is included on the Strategic Capital Investment Planning process priority list in the most recent budget submitted by the President. Also, the entity must agree to: independently donate the real property, improvements, goods, or services for the VA facility project in an amount acceptable to the VA and at no additional cost to the federal government; conduct all necessary environmental and historic preservation due diligence; comply with all local zoning requirements (except for federally required studies and consultations); obtain all permits required in connection with the construction of the facility; use construction standards required of the VA when designing and building the facility; and provide the real property, improvements, goods, or services in a manner sufficient to complete the construction of the facility, at no additional cost to the federal government. The Government Accountability Office shall report to Congress, at least biennially, on the donation arrangements entered into under the pilot program. The VA's authority to accept donations under the program shall terminate five years after the date of this bill's enactment.

CHIP IN for Vets Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Partnership Reward Act of 1994''. TITLE I--REFUNDABLE INCOME TAX CREDIT FOR NONDEFERRED DISTRIBUTIONS FROM PERFORMANCE-BASED REWARD PLANS. SEC. 101. REFUNDABLE INCOME TAX CREDIT FOR NONDEFERRED DISTRIBUTIONS FROM PERFORMANCE-BASED REWARD PLANS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. NONDEFERRED DISTRIBUTIONS FROM PERFORMANCE-BASED REWARD PLANS. ``(a) General Rule.--In the case of an eligible employee, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 10 percent of the value of the rewards received by such employee from a qualified performance-based reward plan for any plan year ending with or within such taxable year. The preceding sentence shall not apply to any reward with respect to a plan year which is made more than 2 months following the close of such plan year. ``(b) Limitations on Amount of Credit.-- ``(1) Maximum credit.--The credit allowed by subsection (a) for the taxable year shall not exceed $500 with respect to each eligible employee. ``(2) Minimum credit.--The credit allowed by subsection (a) for the taxable year shall not be less than $100. ``(3) Cost-of-living adjustment.--In the case of any calendar year after 1994, each dollar amount in paragraph (1) or (2) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `1993' for `1992' in subparagraph (B) thereof. If any increase under the preceding sentence is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. ``(c) Eligible Employee.--For purposes of this section, the term `eligible employee' means any employee of an employer who is a participant in a qualified performance-based reward plan of such employer. Such term shall not include any highly compensated employee (within the meaning of section 414(q)) and shall not include any employee engaged in sales. ``(d) Qualified Performance-Based Reward Plan.--For purposes of this section, the term `qualified performance-based reward plan' means a written plan maintained by an employer-- ``(1) the principal purpose of which is to improve the performance of the organization and reward employees as a function of that improvement, and ``(2) which meets-- ``(A) the determination requirements of subsection (e), ``(B) the allocation requirements of subsection (f), ``(C) the distribution requirements of subsection (g), ``(D) the nondiscrimination requirements of subsection (h), and ``(E) the plan approval requirements of subsection (i). ``(e) Determination Requirements.--A plan meets the requirements of this subsection if the amount to be distributed under the plan for any year is determined in accordance with a fixed formula set forth in the plan which is based on a measurable and auditable indicator of the employer's performance or, at the election of the employer, of the organizational unit in which the employees covered by the plan perform services. ``(f) Allocation Requirements.-- ``(1) In general.--A plan meets the requirements of this subsection if, under the plan, amounts are distributed to employees of the employer maintaining the plan only in accordance with a fixed formula set forth in the plan. ``(2) Change in formula.--For purposes of paragraph (1), a formula shall be treated as a fixed formula only if under the plan any change in the formula may not take effect until the plan year following the plan year in which the change is adopted by the plan. ``(g) Distribution Requirements.-- ``(1) In general.--A plan meets the requirements of this subsection if the plan requires that, for each year, the total value of rewards made under the plan to nonhighly compensated employees is not less than the lesser of-- ``(A) 2 percent of the total wages paid to such employees during such year by the employer maintaining such plan, or ``(B) the amount which, when added to the total rewards made under the plan to such employees during the 2 preceding years, is equal to 2 percent of the sum of the total wages paid to such employees by such employer during such year and such 2 preceding years. ``(2) Wages.--For purposes of paragraph (1), the term `wages' has the meaning given such term by section 3306(b), except that-- ``(A) any dollar limitation in such section shall be disregarded, and ``(B) rewards from a qualified performance-based reward plan shall not be taken into account. ``(h) Antidiscrimination Requirements.-- ``(1) In general.--A plan meets the requirements of this subsection if the plan benefits such employees as qualify under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of highly compensated employees (within the meaning of section 414(q)). ``(2) Excluded employees.--In determining whether the requirements of paragraph (1) are met, there shall be excluded from consideration employees described in section 414(q)(8). ``(3) Benefits may bear uniform relationship to compensation.--A plan shall not be considered discriminatory merely because the benefits under the plan bear a uniform relationship to the compensation (within the meaning of section 414(s)) of the employees. ``(i) Plan Approval Requirements.--A plan meets the requirements of this subsection if the plan-- ``(1) is submitted to the Secretary in such form and manner as the Secretary may provide, and ``(2) is approved by the Secretary. ``(j) Special Rule and Definition.--For purposes of this subsection-- ``(1) Plans which are part of deferred plan.--A plan shall not be treated as failing to be a qualified performance-based reward plan merely because such plan includes a qualified cash or deferred arrangement (as defined in section 401(k)(2)). ``(2) Self-employed individuals.--The term `employee' does not include an individual who is an employee (within the meaning of section 401(c)(1)). ``(k) Employee Rights.--For purposes of section 502 of Employee Retirement Income Security Act of 1974, a qualified performance-based reward plan shall be treated as a welfare benefit plan.'' (b) Conforming Amendment.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 35 and inserting the following new items: ``Sec. 35. Nondeferred distributions from performance-based reward plans. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 102. ADDITIONAL DEDUCTION TO EMPLOYERS FOR PERFORMANCE-BASED REWARDS. (a) In General.--Section 162 of the Internal Revenue Code of 1986 is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ``(o) Performance-Based Rewards.--In addition to the deduction otherwise allowed under this chapter for rewards under a performance- based reward plan (as defined in section 35(c)), there shall be allowed an additional deduction equal to 10 percent of the amount allowed as a deduction under this chapter (other than this subsection) for the taxable year for such awards.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 103. STUDY OF EFFECT OF CREDIT. The Secretary of the Treasury, in consultation with the Secretary of Commerce and the Secretary of Labor, shall-- (1) conduct a study of the effect of the credit under section 35 of the Internal Revenue Code of 1986 (as added by this Act) in stimulating productivity and full employment, and (2) report the results of such study to the Congress no later than January 1, 2002. SEC. 104. COLLECTION OF STATISTICS. (a) Performance-Based Reward Plans.--The Secretary of Labor and the Director of the Federal Mediation and Conciliation Service each shall-- (1) collect statistics on the extent of performance-based reward plans in the United States; and (2) prepare studies which describe the nature and terms of these performance-based reward plans. Such studies shall differentiate between various types of such plans and between plans which do and do not have fixed formulas for determining amounts payable to employees. (b) Profit-Sharing and Employee Stock Ownership Plans.--The Director of the Office of Management and Budget shall publish annually estimates of the annual tax expenditures for deferred profit-sharing plans and employee stock ownership plans. TITLE II--ESTABLISHMENT OF PROGRAM TO PROMOTE PERFORMANCE-BASED REWARD PLANS AND EMPLOYEE DECISIONMAKING PARTICIPATION PROGRAMS SEC. 201. EMPLOYEE PARTNERSHIP PILOT PROGRAM. (a) Establishment.--The Administrator, in consultation with the Secretary of Labor, shall establish and carry out an Employee Partnership Pilot Program (in this section referred to as the ``program'') in accordance with the requirements of this section. (b) Grant Awards.--Under the program, the Administrator shall make grants to not to exceed 5 eligible entities for the purpose of promoting implementation of performance-based reward plans and employee decisionmaking participation programs. (c) Selection of Grant Recipients.--The Administrator shall select eligible entities to receive grants under the program on the basis of competitive, merit-based criteria to be established by the Administrator, in consultation with the Secretary of Labor. Such criteria, at a minimum, shall provide for consideration of the following: (1) The ability of an applicant to carry out the purposes of the program. (2) The ability of an applicant to integrate implementation of the program with existing Federal and State business assistance resources. (3) The ability of an applicant to continue to carry out the purposes of the program after termination of the program. (d) Use of Grant Amounts.--Amounts from grants received under the program shall be used for activities which promote the purposes of the program, including the following: (1) The collection and dissemination of information regarding successful implementation of performance-based reward plans and employee decisionmaking participation programs. (2) The development of best practices guidelines concerning performance-based reward plans and employee decisionmaking participation programs. (3) The provision of technical assistance and training to aid firms in designing and implementing performance-based reward plans and employee decisionmaking participation programs. (4) Proactive education and outreach to key groups such as business owners, unions, managers, trade associations, and community associations to inform such groups about the benefits of performance-based reward plans and employee decisionmaking participation programs. (e) Non-Federal Share.--In order to be eligible for a grant under the program, an eligible entity shall agree to provide from non-Federal sources for activities described in subsection (d) an amount at least equal to the amount of the grant. (f) Term of Program.--The program shall terminate on the last day of the 5th fiscal year beginning after the date of the enactment of this Act. (g) Report.--The Administrator shall transmit to Congress a report containing an evaluation of the program, together with recommendations for appropriate legislative and administrative actions. (h) Definitions.--For the purposes of this section, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Eligible entity.--The term ``eligible entity'' means an educational institution, a non-profit organization, or a unit of State or local government.

TABLE OF CONTENTS: Title I: Refundable Income Tax Credit for Nondeferred Distributions from Performance-Based Reward Plans Title II: Establishment of Program to Promote Performance-Based Reward Plans and Employee Decisionmaking Participation Programs Employee Partnership Reward Act of 1994 - Title I: Refundable Income Tax Credit for Nondeferred Distributions from Performance-Based Reward Plans - Amends the Internal Revenue Code to allow eligible employees a refundable income tax credit for nondeferred distributions from performance-based reward plans. Allows employers an additional deduction for performance-based rewards. Directs the Secretary of the Treasury to study and report to the Congress on the effect of such credit in stimulating productivity and full employment. Directs the Secretary of Labor and the Director of the Federal Mediation and Conciliation Service each to: (1) collect statistics on the extent of performance-based reward plans in the United States; and (2) prepare studies describing the nature and terms of these plans. Requires the Director of the Office of Management and Budget to publish annual estimates of annual tax expenditures for deferred profit-sharing plans and employee stock ownership plans. Title II: Establishment of Program to Promote Performance-Based Reward Plans and Employee Decisionmaking Participation Programs - Directs the Administrator of the Small Business Administration to establish and carry out an Employee Partnership Pilot Program. Directs the Administrator to make five-year program grants to up to five eligible entities to promote implementation of performance-based reward plans and employee decisionmaking participation programs. Requires a matching non-Federal share.

Employee Partnership Reward Act of 1994

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Emergency Unemployment Compensation Extension Act of 2011''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--EXTENSION OF UNEMPLOYMENT PROGRAMS Sec. 101. Temporary extension of unemployment insurance provisions. Sec. 102. Modification of indicators under the extended benefit program. Sec. 103. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. TITLE II--STATE AND EMPLOYER ASSISTANCE Sec. 201. Extension of temporary assistance for States with advances. Sec. 202. FUTA credit reductions for 2011 contingent on voluntary agreements. Sec. 203. Assistance contingent on voluntary agreements. Sec. 204. Solvency bonus. TITLE I--EXTENSION OF UNEMPLOYMENT PROGRAMS SEC. 101. TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS. (a) In General.--(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (A) by striking ``January 3, 2012'' each place it appears and inserting ``January 3, 2013''; (B) in the heading for subsection (b)(2), by striking ``january 3, 2012'' and inserting ``january 3, 2013''; and (C) in subsection (b)(3), by striking ``June 9, 2012'' and inserting ``June 8, 2013''. (2) Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended-- (A) by striking ``January 4, 2012'' each place it appears and inserting ``January 4, 2013''; and (B) in subsection (c), by striking ``June 11, 2012'' and inserting ``June 11, 2013''. (3) Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking ``June 10, 2012'' and inserting ``June 10, 2013''. (b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (F), by striking ``and'' at the end; and (2) by inserting after subparagraph (G) the following: ``(H) the amendments made by section 101(a)(1) of the Emergency Unemployment Compensation Extension Act of 2011; and''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Public Law 111-312). SEC. 102. MODIFICATION OF INDICATORS UNDER THE EXTENDED BENEFIT PROGRAM. (a) Extension.--Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended-- (1) in subsection (d), by striking ``December 31, 2011'' and inserting ``December 31, 2012''; and (2) in subsection (f)(2), by striking ``December 31, 2011'' and inserting ``December 31, 2012''. (b) Indicator.--Section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended by adding at the end the following: ``Effective with respect to compensation for weeks of unemployment beginning on or after January 1, 2012 (or, if later, the date established pursuant to State law) and ending on or before December 31, 2012, the State may by statute, regulation, or other issuance having the force and effect of law provide that the determination of whether there has been a State `on' or `off' indicator beginning or ending any extended benefit period shall be made under this subsection, disregarding subparagraph (A) of paragraph (1) and disregarding `either subparagraph (A) or' in paragraph (2).''. (c) Alternative Trigger.--Section 203(f) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: ``(3) Effective with respect to compensation for weeks of unemployment beginning on or after January 1, 2012 (or, if later, the date established pursuant to State law) and ending on or before December 31, 2012, the State may by statute, regulation, or other issuance with the force and effect of law provide that the determination of whether there has been a State `on' or `off' indicator beginning or ending any extended benefit period shall be made under this subsection, disregarding clause (ii) of paragraph (1)(A) and as if paragraph (1)(B) had been amended by striking `either the requirements of clause (i) or (ii)' and inserting `the requirements of clause (i)'.''. SEC. 103. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act, as added by section 2006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and as amended by section 9 of the Worker, Homeownership, and Business Assistance Act of 2009 (Public Law 111-92) and section 505 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Public Law 111-312), is amended-- (1) by striking ``June 30, 2011'' and inserting ``June 30, 2012''; and (2) by striking ``December 31, 2011'' and inserting ``December 31, 2012''. (b) Clarification on Authority To Use Funds.--Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of the enactment of this Act. TITLE II--STATE AND EMPLOYER ASSISTANCE SEC. 201. EXTENSION OF TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES. Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C. 1322(b)(10)(A)) is amended, in the matter before clause (i), by striking ``2010--'' and inserting ``2010 and the 12-month period beginning on October 1, 2011--''. SEC. 202. FUTA CREDIT REDUCTIONS FOR 2011 CONTINGENT ON VOLUNTARY AGREEMENTS. (a) In General.--Section 3302(c) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating paragraph (3) as paragraph (4), and (2) by inserting after paragraph (2) the following new paragraph: ``(3)(A) If a State has entered into a voluntary agreement under section 203 of the Emergency Unemployment Compensation Extension Act of 2011, the provisions of paragraph (2) shall be applied with respect to the taxable year beginning January 1, 2011, or any succeeding taxable year, by deeming January 1, 2012, to be the first January 1 occurring after January 1, 2010. For purposes of paragraph (2), consecutive taxable years in the period commencing January 1, 2012, shall be determined as if the taxable year which begins on January 1, 2012, were the taxable year immediately succeeding the taxable year which began on January 1, 2010. No taxpayer shall be subject to credit reductions under this paragraph for the taxable year beginning January 1, 2011. ``(B) If the voluntary agreement specified in subparagraph (A) is terminated under section 203(e) of the Emergency Unemployment Compensation Extension Act of 2011, subparagraph (A) shall not be effective for any taxable year.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2010. SEC. 203. ASSISTANCE CONTINGENT ON VOLUNTARY AGREEMENTS. (a) In General.--The amendment made by section 201 shall not apply with respect to any State with which the Secretary of Labor has not entered into a voluntary agreement under this section. (b) Application.--Any State that has 1 or more outstanding repayable advances from the Federal unemployment account under section 1201 of the Social Security Act (42 U.S.C. 1321) may apply to the Secretary of Labor to enter into a voluntary agreement under this section. (c) Requirements.--An application described in subsection (b) shall be submitted within such time, and in such form and manner, as the Secretary of Labor may require, except that any such application shall include certification by the State that during the period of the agreement-- (1) the method governing the computation of regular compensation under the State law of the State will not be modified in a manner such that the average weekly benefit amount of regular compensation which will be payable during the period of the agreement will be less than the average weekly benefit amount of regular compensation which would have otherwise been payable under the State law as in effect on the date of the enactment of this subsection; (2) the State law of the State will not be modified in a manner such that any unemployed individual who would be eligible for regular compensation under the State law in effect on such date of enactment would be ineligible for regular compensation during the period of the agreement or would be subject to any disqualification during the period of the agreement that the individual would not have been subject to under the State law in effect on such date of enactment; and (3) the State law of the State will not be modified in a manner such that the maximum amount of regular compensation that any unemployed individual would be eligible to receive in a benefit year during the period of the agreement will be less than the maximum amount of regular compensation that the individual would have been eligible to receive during a benefit year under the State law in effect on such date of enactment. (d) Decision.--The Secretary of Labor shall review any application received from a State to enter into a voluntary agreement under this section and, within 30 days after the date of receipt, approve or disapprove the application and notify the Governor of the State of the Secretary's decision, including-- (1) if approved, the effective date of the agreement; and (2) if disapproved, the reasons why it was disapproved. (e) Termination.-- (1) In general.--If, after reasonable notice and opportunity for a hearing, the Secretary of Labor finds that a State with which the Secretary has entered into an agreement under this section has modified State law so that it no longer contains the provisions specified in paragraph (1), (2), or (3) of subsection (c) or has failed to comply substantially with any of those provisions, the agreement shall be terminated, effective as of such date as the Secretary shall determine, but in no event later than December 31, 2012. (2) Effect with respect to repayable advances.--If an agreement under this section with a State is terminated, then, effective as of the termination date of such agreement, paragraph (10) of section 1202(b) of the Social Security Act shall, for purposes of such State, be applied as if subparagraph (A) of such paragraph had been amended by striking the date specified in such subparagraph (in the matter before clause (i) thereof) and inserting the termination date of such agreement. (f) Regulations.--Any regulations or guidance necessary to carry out this title or any of the amendments made by this title may be prescribed by-- (1) to the extent that they relate to section 201, the Secretary of Labor; and (2) to the extent that they relate to section 202, the Secretary of the Treasury. (g) Definitions.--For purposes of this section, the terms ``State'', ``State law'', ``regular compensation'', and ``benefit year'' have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). SEC. 204. SOLVENCY BONUS. Section 904 of the Social Security Act (42 U.S.C. 1104) is amended by adding at the end the following: ``Solvency Bonus ``(h)(1) Notwithstanding any other provision of this section, the amount which is credited under subsection (e) to the book account of the State agency of a solvent State shall, for each quarter to which this subsection applies, be equal to the amount which would be determined under this section, for such State agency and for such quarter, if the 5th sentence of subsection (b) were applied by using-- ``(A) the average rate of interest which (but for this subsection) would otherwise have been determined under subsection (b) for purposes of such quarter; plus ``(B) an additional 2 percentage points. ``(2) For purposes of this subsection, a State shall be considered to be a `solvent State' if the outstanding balance for such State of advances under title XII is equal to zero. A determination as to whether or not a State is a solvent State shall be made by the Secretary of Labor-- ``(A) for each State; ``(B) for each quarter to which this subsection applies; and ``(C) based on such date or period (before the 1st day of such quarter), and otherwise in such manner, as the Secretary of Labor shall determine in consultation with the Secretary of the Treasury. ``(3) This subsection applies to each quarter in calendar year 2012. ``(4) Nothing in this subsection shall have the effect of causing the amount which is credited under subsection (e) to any account in the Fund for any quarter to be less than the amount which (disregarding this subsection) would otherwise have been so credited to such account for such quarter.''.

Emergency Unemployment Compensation Extension Act of 2011 - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the final date for entering a federal-state agreement under the Emergency Unemployment Compensation (EUC) program through January 3, 2013. Postpones the termination of the program until June 8, 2013. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until January 4, 2013, requirements that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and June 10, 2013, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) Amends the Federal-State Extended Unemployment Compensation Act of 1970 to authorize a state by law to apply certain requirements of the Act, with specified substitutions, for determining an extended unemployment compensation period. Requires the state's "on" and "off" indicators to be based on its rate of insured unemployment and rate of total unemployment for the period between enactment of this Act (or, if later, the date established pursuant to state law), and ending on or before December 31, 2012. Amends the Railroad Unemployment Insurance Act to extend through December 31, 2012, the temporary increase in extended unemployment benefits for employees with 10 or more years of service and for those with less than 10. Amends title XII (Advances to State Unemployment Funds) of the Social Security Act (SSA) to extend through FY2012 the waiver on payment of interest by a state in repayment to the federal Unemployment Trust Fund (UTF) of advances from it. Denies this extension, however, to any state that has not entered a voluntary agreement with the Secretary of Labor to refrain from modifying state unemployment compensation law to lower its unemployment compensation benefits. Amends the Internal Revenue Code with respect to reductions in credits against the federal unemployment tax for an employer's contributions to a state unemployment fund in a state which has received advances from the UTF. Postpones the commencement of such reductions until January 1, 2013, for any state entering such an agreement with the Secretary. Amends SSA title IX (Employment Security Administrative Financing) to require the payment of a solvency bonus for any quarter to the book account in the UTF of the state unemployment compensation agency of a solvent state (whose outstanding balance of advances from the UTF is zero). Makes the bonus equal to two percentage points above the average rate of interest of special obligations of the United States in which the UTF is invested.

To amend title IV of the Supplemental Appropriations Act, 2008 to provide for the continuation of certain unemployment benefits, and for other purposes.

SECTION 1. NATIONAL BIO AND AGRO-DEFENSE FACILITY. (a) In General.--Title III of the Homeland Security Act of 2002 (6. U.S.C. 181 et seq.) is amended by adding at the end the following new section: ``SEC. 316. NATIONAL BIO AND AGRO-DEFENSE FACILITY. ``(a) Establishment.--There is in the Department a National Bio and Agro-defense Facility (referred to in this section as the `NBAF'), which shall be headed by a Director who shall be appointed by the Secretary. ``(b) Purposes.-- ``(1) In general.--The NBAF shall be an integrated human, foreign-animal, and zoonotic disease research, development, testing, and evaluation facility with the purpose of supporting the complementary missions of the Department, the Department of Agriculture, and the Department of Health and Human Services in defending against the threat of potential acts of agroterrorism and natural-occurring incidents related to agriculture with the potential to adversely impact public health, animal health, and the economy, or may otherwise impact homeland security. ``(2) Knowledge production and sharing.--The NBAF shall produce and share knowledge and technology for the purpose of reducing economic losses caused by foreign-animal, zoonotic, and, as appropriate, other endemic animal diseases of livestock and poultry and preventing human suffering and death caused by diseases existing or emerging in the agricultural sector. ``(c) Responsibilities of Director.--The Secretary shall vest in the Director primary responsibility for each of the following: ``(1) Directing basic, applied, and advanced research, development, testing, and evaluation relating to foreign- animal, zoonotic, and, as appropriate, other endemic animal diseases, including foot and mouth disease, and performing related activities, including-- ``(A) developing countermeasures for foreign- animal, zoonotic, and, as appropriate, other endemic animal diseases, including diagnostics, vaccines and therapeutics; ``(B) providing advanced test and evaluation capability for threat detection, vulnerability, and countermeasure assessment for foreign-animal, zoonotic, and, as appropriate, other endemic animal diseases; ``(C) conducting nonclinical, animal model testing and evaluation under the Food and Drug Administration's Animal Rule as defined in parts 314 and 601 of title 22, Code of Federal Regulations, to support the development of human medical countermeasures by the Department of Human Services under the Public Health Service Act (42 U.S.C. 201 et seq); ``(D) establishing NBAF information-sharing mechanisms to share information with relevant stakeholders, including the National Animal Health Laboratory Network; and ``(E) identifying and promoting uniform national standards for animal disease diagnostics. ``(2) Facilitating the coordination of Federal, State, and local governmental research and development efforts and resources relating to protecting public health and animal health from foreign-animal, zoonotic, and, as appropriate, other endemic animal diseases. ``(3) Ensuring public safety during an emergency by developing an emergency response plan under which emergency response providers in the community are sufficiently prepared or trained to respond effectively and given sufficient notice to allow for an effective response. ``(4) Ensuring NBAF site and facility security. ``(5) Providing training to develop skilled research and technical staff with the needed expertise in operations conducted at biological and agricultural research facilities. ``(6) Leveraging the expertise of academic institutions, industry, the Department of Energy National Laboratories, State and local governmental resources, and professional organizations involved in veterinary, medical and public health, and agriculture issues to carry out functions describes in (1) and (2). ``(d) Requirements.--The Secretary, in designing and constructing the NBAF, shall ensure that the facility meets the following requirements: ``(1) The NBAF shall consist of state-of-the-art biocontainment laboratories capable of performing research and activities at Biosafety Level 3 and 4, as designated by the Centers for Disease Control and Prevention and the National Institutes of Health. ``(2) The NBAF facility shall be located on a site of at least 30 acres that can be readily secured by physical measure. ``(3) The NBAF facility shall be at least 500,000 square feet with a capacity of housing a minimum of 80 large animals for research, testing and evaluation. ``(4) The NBAF shall be located at a site with a preexisting utility infrastructure, or a utility infrastructure that can be easily built. ``(5) The NBAF shall be located at a site that has been subject to an Environmental Impact Statement under the National Environmental Policy Act of 1969. ``(6) The NBAF shall be located within a reasonable proximity to a national or regional airport and to major roadways. ``(e) Authorization to Procure Real Property and Accept in Kind Donations for the NBAF Site.--The Secretary may accept and use donations of real property for the NBAF site and may accept and use in- kind donations of real property, personal property, laboratory and office space, utility services, and infrastructure upgrades for the purpose of assisting the Director in carrying out the responsibilities of the Director under this section. ``(f) Applicability of Other Laws.-- ``(1) Public buildings act.--The NBAF shall not be considered a ``public building'' for purposes of the Public Buildings Act of 1959 (40 U.S.C. 3301 et seq.). ``(2) Live virus of foot and mouth disease research.--The Secretary shall enable the study of live virus of foot and mouth disease at the NBAF, wherever it is sited, notwithstanding section 113a of title 21, United States Code. ``(g) Coordination.-- ``(1) Interagency agreements.-- ``(A) In general.--The Secretary shall enter into understandings or agreements with the heads of appropriate Federal departments and agencies, including the Secretary of Agriculture and the Secretary of Health and Human Services, to define the respective roles and responsibilities of each Department in carrying out foreign-animal, zoonotic, and other endemic animal disease research and development at the NBAF to protect public health and animal health. ``(B) Department of agriculture.--The understanding or agreement entered into with the Secretary of Agriculture shall include a provision describing research programs and functions of the Department of Agriculture and the Department of Homeland Security, including those research programs and functions carried out at the Plum Island Animal Disease Center and those research programs and functions that will be transferred to the NBAF. ``(C) Department of health and human services.--The understanding or agreement entered into with the Department of Health and Human Services shall describe research programs of the Department of Health and Human Services that may relate to work conducted at NBAF. ``(2) Cooperative relationships.--The Director shall form cooperative relationships with the National Animal Health Laboratory Network and American Association of Veterinary Laboratory Diagnosticians to connect with the network of Federal and State resources intended to enable an integrated, rapid, and sufficient response to animal health emergencies.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title III the following: ``Sec. 316. National Bio and Agro-defense Facility.''.

Amends the Homeland Security Act of 2002 to establish in the Department of Homeland Security (DHS) a National Bio- and Agro-defense Facility (NBAF), which shall: (1) be an integrated human, foreign-animal, and disease research, development, testing, and evaluation facility to support DHS, the Department of Agriculture (USDA), and other federal agencies in defending against the threat of agroterrorism and certain naturally-occurring incidents related to agriculture; and (2) produce and share knowledge and technology for the purpose of protecting animal and public health and reducing economic losses caused by diseases of livestock and poultry. Directs the Secretary of Homeland Security and the Secretary of Agriculture to develop a joint strategy to define the respective roles and responsibilities of DHS and USDA regarding activities undertaken at NBAF on foreign animal diseases. Authorizes the Secretaries to: (1) enter into agreements with the heads of federal agencies with missions that may be supported by NBAF activities; or (2) use existing agreements with such heads to define the respective roles and responsibilities of each agency in carrying out research, development, testing, evaluation, and diagnostic activities at NBAF. Directs the DHS Secretary to appoint a Director of NBAF who shall be responsible for: (1) managing, operating, and maintaining NBAF; (2) ensuring NBAF physical site security, information security, biosafety, biosecurity, and biosurety; (3) developing an emergency response plan for training and notifying emergency response providers in the surrounding community; and (4) monitoring the activities of DHS and USDA and reporting to the respective Secretaries on the status of the fulfillment of each Department's obligations. Requires the DHS Secretary to appoint one or more Directors of Homeland Security Programs, one of whom shall be the Director of Homeland Security Research Programs at NBAF. Makes that Director responsible for: (1) directing the research programs of DHS at NBAF; (2) facilitating the coordination of federal, state, and local governmental efforts and resources relating to DHS's activities carried out pursuant to the joint strategy; (3) providing training to DHS research and technical staff at NBAF; (4) conducting animal model development, testing, and evaluation to support the development of human medical countermeasures; and (5) leveraging the expertise of academic institutions, private industry, the Department of Energy (DOE) National Laboratories, state and local governmental resources, and professional organizations to carry out DHS's activities at NBAF. Directs the Secretary of Agriculture to appoint one or more Directors of USDA Programs at NBAF who shall be responsible for directing the programs of the Department at NBAF. Directs the DHS Secretary to ensure that the NBAF facility: (1) consists of state-of-the-art biocontainment laboratories capable of performing research and activities at Biosafety Levels 3 and 4; (2) is of sufficient size in terms of acreage and laboratory capacity and has access to necessary supporting infrastructure to enable the Secretaries to carry out their respective responsibilities pursuant to the joint strategy; and (3) is located at a site that has been subject to an Environmental Impact Statement. Authorizes the DHS Secretary to acquire real property for NBAF through purchase or donation and to accept and use in-kind donations of personal property, laboratory and office space, utility services, and infrastructure upgrades to carry out the purposes of the Act. Directs the Secretary of Agriculture to issue a permit to the DHS Secretary for work on the live virus of foot and mouth disease at NBAF, which shall be valid unless the Secretary of Agriculture finds that the study of such live virus at NBAF is not being carried out in accordance with regulations issued under the Agricultural Bioterrorism Protection Act of 2002. Authorizes appropriations.

To amend the Homeland Security Act of 2002 to establish a National Bio and Agro-defense Facility.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Security Letter Reform Act of 2005''. SEC. 2. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS. (a) In General.--Chapter 223 of title 18, United States Code, is amended by inserting after section 3510 the following: ``Sec. 3511. Judicial review of requests for information ``(a) Petition by Recipient.-- ``(1) In general.--The recipient of a request for records, a report, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947 may, in the United States district court for the district in which that person or entity does business or resides, petition for an order modifying or setting aside the request. ``(2) Court action.--The court may modify or set aside a request under this section if compliance would be unreasonable or oppressive. ``(b) Modifications of Nondisclosure Requirement.-- ``(1) Petitions.--The recipient of a request for records, a report, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947, may petition any court described in subsection (a) for an order modifying or setting aside a nondisclosure requirement imposed in connection with such a request. ``(2) Within 1 year.-- ``(A) In general.--If the petition under paragraph (1) is filed not later than 1 year after the request for records, a report, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947, the court may modify or set aside such a nondisclosure requirement if it finds that there is no reason to believe that disclosure may endanger the national security of the United States, interfere with a criminal, counterterrorism, or counterintelligence investigation interfere with diplomatic relations, or endanger the life or physical safety of any person. ``(B) Effect of certification.--The certification made at the time of the request that disclosure may endanger the national security of the United States or interfere with diplomatic relations shall be treated as conclusive under this paragraph unless the court finds that the certification was made in bad faith. ``(3) After 1 year.-- ``(A) In general.--If the petition is filed 1 year or more after the request for records, a report, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947, the issuing officer, within 90 days of the filing of the petition, shall either terminate the nondisclosure requirement or recertify that disclosure may result in danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person. ``(B) Recertification.--In the event of recertification under this paragraph, the court may modify or set aside such a nondisclosure requirement if it finds that there is no reason to believe that disclosure may endanger the national security of the United States, interfere with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of any person. ``(C) Conclusive.--The recertification that disclosure may endanger the national security of the United States or interfere with diplomatic relations under this paragraph shall be treated as conclusive unless the court finds that the recertification was made in bad faith. ``(D) Effect of denial.--If the court denies a petition for an order modifying or setting aside a nondisclosure requirement under this paragraph, the recipient shall be precluded for a period of 1 year from filing another petition to modify or set aside such nondisclosure requirement. ``(c) Compliance.-- ``(1) Effect of failure.--In the case of a failure to comply with a request for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947, 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 the person or entity resides, carries on business, or may be found, to compel compliance with the request. ``(2) Order.--The court under paragraph (1) may issue an order requiring the person or entity to comply with the request. ``(3) Contempt.--Any failure to obey the order of the court under this subsection may be punished by the court as contempt thereof. ``(d) Process.--Any process under this section may be served in any judicial district in which the person or entity may be found. ``(e) Proceedings.-- ``(1) Closed hearing.--In all proceedings under this section, subject to any right to an open hearing in a contempt proceeding, the court shall close any hearing to the extent necessary to prevent an unauthorized disclosure of a request for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947. ``(2) Under seal.--Petitions, filings, records, orders, and subpoenas in proceedings under this section shall be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a request for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947. ``(f) Review of Government Submission.--In all proceedings under this section, the court shall, upon the Federal Government's request, review the submission of the Government, which may include classified information, ex parte and in camera.''. (b) Chapter Analysis.--The chapter analysis for chapter 223 of title 18, United States Code is amended by inserting at the end the following: ``3511. Judicial review of request for information.''. SEC. 3. CONFIDENTIALITY OF NATIONAL SECURITY LETTERS. (a) Title 18.--Section 2709(c) of title 18, United States Code, is amended to read: ``(c) Prohibition of Certain Disclosure.-- ``(1) In general.--If the Director of the Federal Bureau of Investigation, or his designee in a position now lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no wire or electronic communications service provider, or officer, employee, or agent thereof, shall disclose to any person (other than those to whom such disclosure is necessary in order to comply with the request or an attorney to obtain legal advice with respect to the request) that the Federal Bureau of Investigation has sought or obtained access to information or records under this section. ``(2) Notice.--A request under this section shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1). ``(3) Disclosure.--Any recipient of a request under this section disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice with respect to the request shall inform such persons of any applicable nondisclosure requirements. Any person who receives such a disclosure under this subsection shall be subject to the same prohibitions on disclosure as under paragraph (1).''. (b) Confidentiality of Disclosures to FBI.--Section 626(d) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d)), as so designated by section 214(a)(1) of the Fair and Accurate Credit Transactions Act of 2003 (Public Law 108-159, 117 Stat. 1980), is amended to read as follows: ``(c) Confidentiality.-- ``(1) In general.--If the Director of the Federal Bureau of Investigation, or the designee thereof in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no consumer reporting agency, or officer, employee, or agent of a consumer reporting agency-- ``(A) shall disclose to any person (other than those to whom such disclosure is necessary in order to comply with the request or an attorney to obtain legal advice with respect to the request), that the Federal Bureau of Investigation has sought or obtained the identity of financial institutions or a consumer report respecting any consumer under subsection (a), (b), or (c); and ``(B) shall include in any consumer report any information that would indicate that the Federal Bureau of Investigation has sought or obtained such information on a consumer report. ``(2) Notice.--A request under this section shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1). ``(3) Prohibitions applicable to further disclosures.--Any recipient of a request under this section disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice with respect to the request shall inform such persons of any applicable nondisclosure requirements. Any person who receives such a disclosure under this subsection shall be subject to the same prohibitions on disclosure as under paragraph (1).''. (c) Confidentiality of Disclosures to Other Government Agencies.-- Section 627(c) of the Fair Credit Reporting Act (15 U.S.C. 1681v(c), as so designated by section 214(a)(1) of the Fair and Accurate Credit Transactions Act of 2003 (Public Law 108-159, 117 Stat. 1980), is amended to read as follows: ``(c) Confidentiality.-- ``(1) In general.--If the head of a government agency authorized to conduct investigations or intelligence or counterintelligence activities or analysis related to international terrorism, or the designee thereof, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no consumer reporting agency, or officer, employee, or agent of a consumer reporting agency, shall disclose to any person (other than those to whom such disclosure is necessary in order to comply with the request or an attorney to obtain legal advice with respect to the request), or specify in any consumer report, that a government agency has sought or obtained access to information under subsection (a). ``(2) Notice.--A request under this section shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1). ``(3) Prohibitions applicable to further disclosures.--Any recipient disclosing to those persons necessary to comply with a request or to an attorney to obtain legal advice with respect to the request shall inform such persons of any applicable nondisclosure requirements. Any person who receives such a disclosure under this subsection shall be subject to the same prohibitions on disclosure as under paragraph (1).''. (d) Right to Financial Privacy Act.--Section 1114(a)(5)(D) of the Right to Financial Privacy Act (12 U.S.C. 3414(a)(5)(D)) is amended to read as follows: ``(D) Prohibition of certain disclosure.-- ``(i) If the Director of the Federal Bureau of Investigation, or the designee thereof in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, financial institution, or officer, employee, or agent of such institution, shall disclose to any person (other than those to whom such disclosure is necessary in order to comply with the request or an attorney to obtain legal advice with respect to the request) that the Federal Bureau of Investigation has sought or obtained access to a customer's or entity's financial records under this paragraph. ``(ii) A request under this subsection shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1). ``(iii) Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice with respect to the request shall inform such persons of any applicable nondisclosure requirement. Any person who receives such a disclosure under this subsection shall be subject to the same prohibitions on disclosure as under clause (i).''. (e) NSA.--Section 802(b) of the National Security Act of 1947 (50 U.S.C. 436(b)) is amended to read as follows: ``(b) Prohibition of Certain Disclosure.-- ``(1) In general.--If an authorized investigative agency described in subsection (a) certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no governmental or private entity, or officer, employee, or agent of such entity, may disclose to any person (other than those to whom such disclosure is necessary in order to comply with the request or an attorney to obtain legal advice with respect to the request) that such entity has received or satisfied a request made by an authorized investigative agency under this section. ``(2) Notice.--The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1). ``(3) Disclosure.--Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice with respect to the request shall inform such persons of any applicable nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph (1).''. SEC. 4. VIOLATION OF NONDISCLOSURE PROVISIONS OF NATIONAL SECURITY LETTER. Section 1510 of title 18, United States Code, is amended by adding at the end the following: ``(e) Penalty.--Whoever knowingly violates section 2709(c)(1) of this title, sections 626(d) or 627(c) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d) or 1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) of the Right to Financial Privacy Act (U.S.C. 3414(a)(3) or 3414(a)(5)(D)), or section 802(b), of the National Security Act of 1947 (50 U.S.C. 436(a)(5)(D)), or section 802(b) of the National Security Act of 1947 (50 U.S.C. 436(b)) shall be imprisoned for not more than 1 year, and if the violation is committed with the intent to obstruct an investigation or judicial proceeding, shall be imprisoned for not more than 5 years.''.

National Security Letter Reform Act of 2005 - Establishes procedures for judicial review of national security letters (NSLs). Authorizes: (1) the recipient of a request for records or other information under federal criminal code provisions concerning counterintelligence access to telephone toll and electronic communication transactional records, the Fair Credit Reporting Act, the Right to Financial Privacy Act, or the National Security Act of 1947 to petition the U.S. district court for an order modifying or setting aside the request; and (2) the court to modify or set aside a request if compliance would be unreasonable or oppressive. Sets forth provisions regarding: (1) challenges to NSL nondisclosure requirements; (2) compelling compliance; and (3) closed hearings, filings under seal, and court review of classified information. Prohibits a wire or electronic communications service provider from disclosing that the Federal Bureau of Investigation (FBI) has sought or obtained access to information or records if the Director of the FBI certifies that such disclosure may result in a danger to national security, interference with a criminal counterterrorism or counterintelligence investigation, interference with diplomatic relations, or a danger to the life or physical safety of any person. Sets penalties for violations of NSL nondisclosure provisions where committed with intent to obstruct an investigation or judicial proceeding.

A bill to reform the issuance of national security letters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sun Grant Initiative for Renewable Energy and Biobased Products Act''. SEC. 2. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS. Title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding at the end the following: ``SEC. 9011. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS. ``(a) Purposes.--The purposes of the programs established under this section are-- ``(1) to enhance national energy security through the development, distribution, and implementation of biobased energy technologies; ``(2) to promote diversification in, and the environmental sustainability of, agricultural production in the United States through biobased energy and product technologies; and ``(3) to promote economic diversification in rural areas of the United States through biobased energy and product technologies. ``(b) Definition of Land-Grant Colleges and Universities.--In this section, the term `land-grant colleges and universities' means-- ``(1) 1862 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)); ``(2) 1890 Institutions (as defined in section 2 of that Act); and ``(3) 1994 Institutions (as defined in section 2 of that Act). ``(c) Establishment.--To carry out the purposes described in subsection (a), the Secretary shall establish programs under which-- ``(1) the Secretary shall provide grants to sun grant centers specified in subsection (d)(1); and ``(2) the sun grant centers shall use the grants in accordance with this section. ``(d) Grants to Centers.-- ``(1) In general.--The Secretary shall use amounts made available for a fiscal year under subsection (i) to provide a grant to each of the following sun grant centers: ``(A) North central center.--A northern sun grant center at South Dakota State University for the region composed of the States of Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North Dakota, South Dakota, Wisconsin, Wyoming. ``(B) Southeastern center.--A southeastern sun grant center at the University of Tennessee at Knoxville for the region composed of-- ``(i) the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia; ``(ii) the Commonwealth of Puerto Rico; and ``(iii) the United States Virgin Islands. ``(C) South central center.--A southern sun grant center at Oklahoma State University for the region composed of the States of Arkansas, Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, Texas. ``(D) Western center.--A western sun grant center at Oregon State University for the region composed of-- ``(i) the States of Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, Utah, and Washington; and ``(ii) territories and possessions of the United States (other than the territories referred to in clauses (ii) and (iii) of subparagraph (B)). ``(E) Northeastern center.--A northeastern sun grant center at Cornell University for the region composed of the States of Connecticut, Delaware, Massachusetts, Maryland, Maine, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, and West Virginia. ``(2) Equal amounts.--Of the amount of funds that are made available for grants for fiscal year under paragraph (1), the Secretary shall provide an equal amount of grants to each of the sun grant centers specified in paragraph (1). ``(e) Use of Funds.-- ``(1) Centers of excellence.--Of the amount of funds that are made available for a fiscal year to a sun grant center under subsection (d), the center shall use not more than 25 percent of the amount for administration and support centers of excellence in science, engineering, and economics at the university to promote the purposes described in subsection (a) through the State agricultural experiment station, cooperative extension services, and relevant educational programs of the university. ``(2) Grants to land-grant colleges and universities.-- ``(A) In general.--The sun grant center established for a region shall use the funds that remain available for a fiscal year after expenditures made under paragraph (1) to provide competitive grants to land- grant colleges and universities in the region of the sun grant center to conduct, consistent with the purposes described in subsection (a), multiinstitutional and multistate-- ``(i) research, extension, and educational programs on technology development; and ``(ii) integrated research, extension, and educational programs on technology implementation. ``(B) Programs.--Of the amount of funds that are used to provide grants for a fiscal year under subparagraph (A), the center shall use-- ``(i) not less than 20 percent of the funds to carry out programs described in subparagraph (A)(i); and ``(ii) not less than 20 percent of the funds to carry out programs described in subparagraph (A)(ii). ``(3) Indirect costs.-- ``(A) In general.--Except as provided in subparagraph (B), a sun grant center may recover the indirect costs of making a grant under this subsection in an amount that does not exceed 19 percent of the amount of the direct costs of making the grant. ``(B) Other land-grant colleges and universities.-- A sun grant center may not recover the indirect costs of making grants under paragraph (2) to other land- grant colleges and universities. ``(f) Plan.--Subject to the availability of funds under subsection (i), in cooperation with other land-grant colleges and universities and private industry, the sun grant centers shall jointly develop and submit to the Secretary, for approval, a plan for the making of grants under subsections (e)(1) and (e)(2) for programs that will facilitate the development of-- ``(1) not later than January 1, 2008, critical biobased- based products industries; ``(2) not later than January 1, 2013-- ``(A) a biobased transportation fuels production industry; and ``(B) an independent biobased power production industry; and ``(3) not later than January 1, 2018, hydrogen production systems for biobased products. ``(g) Grants to Other Land-Grant Colleges and Universities.-- ``(1) Priority for grants.--In making grants under subsection (e)(2), a sun grant center shall give a higher priority to programs that are consistent with the plan approved by the Secretary under subsection (f). ``(2) Term of grants.--The term of a grant provided by a sun grant center under subsection (e)(2) shall not exceed 5 years. ``(3) Coordination with bioenergy and biobased product development programs.--The sun grant centers shall jointly develop and submit to the Secretary, for approval, a plan for coordination of activities of the centers with, and input from, the bioenergy and biobased product development programs of the Secretary of Energy, including those conducted at the Oak Ridge National Laboratory and the National Renewable Energy Laboratory. ``(h) Grant Information Analysis Center.--The sun grant centers shall maintain a Sun Grant Information Analysis Center to provide sun grant centers analysis and data management support. ``(i) Annual Reports.--Not later than March 1 following the end of each fiscal year for which a sun grant center receives a grant under subsection (d), the sun grant center shall submit to the Secretary a report that describes the policies, priorities, and operations of the program carried out by the center during the fiscal year, including a description of progress made in facilitating the priorities described in subsection (f). ``(j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2003 through 2020, of which $4,000,000 for each fiscal year shall be made available to carry out subsection (h).''. SEC. 3. BIOMASS RESEARCH AND DEVELOPMENT. (a) Board.--Section 305(b) of the Biomass Research and Development Act of 2000 (7 U.S.C. 7624 note; Public Law 106-224) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (2) by inserting after paragraph (2) the following: ``(3) a representative of the Cooperative Research, Extension, and Educational Service; and''; and (3) in paragraph (5) (as redesignated by paragraph (1)), by striking ``(3)'' and inserting ``(4)''. (b) Technical Advisory Committee.--Section 306(b)(1) of the Biomass Research and Development Act of 2000 (7 U.S.C. 7624 note; Public Law 106-224) is amended-- (1) in subparagraph (I), by striking ``and'' at the end; (2) by redesignating subparagraph (J) as subparagraph (K); and (3) by inserting after subparagraph (I) the following: ``(J) a representative of sun grant centers specified in section 9011(d)(1) of the Farm Security and Rural Investment Act of 2002; and''.

Sun Grant Initiative for Renewable Energy and Biobased Products Act - Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary of Agriculture to make grants to university-based sun grant centers which shall: (1) establish centers of excellence to pursue research, extension, and educational programs to implement biobased energy technologies, products, and economic diversification in rural areas; and (2) make grants to land-grant colleges and universities for related multiinstitutional and multistate programs.Establishes: (1) a northern sun grant center at South Dakota State University for Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and Wyoming; (2) a southeastern sun grant center at the University of Tennessee at Knoxville for Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, the Commonwealth of Puerto Rico, and the United States Virgin Islands; (3) a south central sun grant center at Oklahoma State University for Arkansas, Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas; (4) a western sun grant center at Oregon State University for Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, Utah, Washington and other U.S. territories and possessions; and (5) a northeastern sun grant center at Cornell University for Connecticut, Delaware, Massachusetts, Maryland, Maine, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, and West Virginia.Requires the centers to maintain a Sun Grant Information Analysis Center for analysis and data management support.Amends the Biomass Research and Development Act of 2000 to include a representative of the Cooperative Research, Extension, and Educational Service on the Biomass Research and Development Board.

A bill to amend the Farm Security and Rural Investment act of 2002 to require the Secretary of Agriculture to establish research, extension, and educational programs to implement biobased energy technologies, products, and economic diversification in rural areas of the United States.

SECTION 1. DEDUCTION FOR TUITION AND RELATED EXPENSES FOR POSTSECONDARY EDUCATION. (a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. TUITION AND RELATED EXPENSES FOR POSTSECONDARY EDUCATION. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the qualified tuition and related expenses of an eligible student paid by the taxpayer during the taxable year. ``(b) Dollar Limitations.-- ``(1) Per student.--The aggregate payments during the taxable year for the qualified tuition and related expenses of each individual which may be taken into account under subsection (a) shall not exceed $10,000. ``(2) Per taxpayer.--The amount allowed as a deduction under subsection (a) for the taxable year shall not exceed $20,000. ``(3) Phaseout of deduction.-- ``(A) In general.--The amount which would (but for this subsection) be taken into account under subsection (a) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $125,000 ($175,000 in the case of a joint return), bears to ``(ii) $20,000. ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined-- ``(i) without regard to this section and sections 911, 931, and 933, and ``(ii) after application of sections 86, 135, 137, 219, 221, and 469. ``(c) Definitions.--For purposes of this section: ``(1) Eligible student.--The term `eligible student' has the meaning given to such term by section 25A(b)(3). ``(2) Qualified tuition and related expenses.--The term `qualified tuition and related expenses' has the meaning given to such term by section 25A(f)(1), reduced by the sum of-- ``(A) the amount excluded from gross income under section 127, 135, or 530 by reason of such expenses, and ``(B) the amount of any scholarship, allowance, or payment described in section 25A(g)(2). ``(d) Special Rules.-- ``(1) Eligible courses.--Amounts paid for qualified tuition and related expenses of any individual shall be taken into account under subsection (a) only to the extent such expenses are attributable to courses of instruction for which credit is allowed toward a degree by an institution of higher education or toward a certificate of required course work at a vocational school. ``(2) Taxpayer who is dependent of another taxpayer.--No deduction shall be allowed to a taxpayer under subsection (a) for an amount paid for the education of such taxpayer if such taxpayer is a dependent of another person for a taxable year beginning in the calendar year in which the taxable year of the taxpayer begins. ``(3) Spouse.--No deduction shall be allowed under subsection (a) for amounts paid during the taxable year for qualified tuition and related expenses of the spouse of the taxpayer unless-- ``(A) the taxpayer is entitled to an exemption for his spouse under section 151(b) for the taxable year, or ``(B) the taxpayer files a joint return with his spouse for the taxable year.''. (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of such Code is amended by inserting after paragraph (17) the following new paragraph: ``(18) Tuition and related expenses for postsecondary education.--The deduction allowed by section 222.''. (c) Conforming and Clerical Amendments.-- (1) Subparagraph (A) of section 86(b)(2) of such Code is amended by inserting ``222,'' after ``221,''. (2) Subparagraph (A) of section 135(c)(4) of such Code is amended by inserting ``222,'' after ``221,''. (3) Subparagraph (A) of section 137(b)(3) of such Code is amended by inserting ``222,'' after ``221,''. (4) Clause (ii) of section 219(g)(3)(A) of such Code is amended by inserting ``222,'' after ``221,''. (5) Clause (i) of section 221(b)(2)(C) of such Code is amended by inserting ``222,'' before ``911,''. (6) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 221 and inserting: ``Sec. 222. Tuition and related expenses for postsecondary education. ``Sec. 223. Cross reference.''. (d) Effective Dates.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.

Amends the Internal Revenue Code to allow as a deduction (subject to limitations) an amount equal to the qualified tuition and related expenses of an eligible postsecondary student paid by the taxpayer during the taxable year.

To amend the Internal Revenue Code of 1986 to allow a deduction for the payment of tuition and related expenses for postsecondary education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Solutions Act of 2015''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--The Congress finds as follows: (1) The United States has the objective of stabilizing greenhouse gas concentrations in the atmosphere at a level that would prevent ``dangerous anthropogenic interference'' with the climate system by becoming a party to the 1992 United Nations Framework Convention on Climate Change, pledging to China to reduce greenhouse gas emissions to 28 percent of their 2005 levels by 2025, and regulating greenhouse gas emissions from stationary sources, mobile sources, and electrical power suppliers. (2) To achieve this objective, the increase in global mean surface temperature should not exceed 2C (3.6F) above preindustrial temperature, much of which is already projected to occur by the Intergovernmental Panel on Climate Change. (3) The risks associated with a temperature increase above 2C (3.6F) are grave, including the disintegration of the Greenland ice sheet, which, if it were to melt completely, would raise global average sea level by approximately 23 feet, devastating many of the world's coastal areas and population centers. (4) The Intergovernmental Panel on Climate Change projects that temperatures will rise between 1.8C to 4.0C (3.2F to 7.2F) by the end of the century, under a range of expected emissions trends, but if there are common goals to limit greenhouse gas emissions, the temperature increase can be limited to 2C (3.6F) or less. (5) Serious global warming impacts have already been observed in the United States and worldwide, including-- (A) increases in heat waves and other extreme weather events; (B) rise in sea level, retreat of glaciers and polar ice; (C) decline in mountain snowpack, increased drought (including droughts in the West and South United States) resulting in damage to our economy and property; (D) extreme weather conditions resulting in wildfires, stronger hurricanes and polar vortex occurrences resulting in further damage to property and our economy; (E) damage to our environment such as ocean acidification, extensive coral bleaching, migrations, and shifts in the yearly cycles of plants and animals; and (F) effects on human population including population displacement and adverse health effects such as the spread of infectious diseases and climate- related conditions such as asthma. (6) Scientists project that under a midrange estimate of global warming, by 2050, roughly 25 percent of animal and plant species will be committed to extinction. (7) Decisive action is needed to minimize the many dangers posed by global warming. (8) The timing of such action is critical, given that greenhouse gases can persist in the atmosphere for more than a century. (9) The International Energy Agency has warned in its most recent World Energy Outlook report that, unless there is a serious commitment to investing in zero carbon renewable energy resources, much of the amount of projected limits necessary to avoid greenhouse-gas-emission-caused dangerous anthropogenic interference with the climate system will be locked in and exceeded. (10) PricewaterhouseCoopers Low Carbon Economy Index Report estimates that carbon-based fuel use needs to be reduced 6.5 percent per year through the year 2100, nearly six times the current rate, to avoid dangerous anthropogenic interference with the climate system. (11) With only 5 percent of the world population, the United States emits approximately 20 percent of the world's total greenhouse gas emissions and must be a leader in addressing global warming. (12) The State of California, the 8th largest economy in the world, has shown that renewable energy standards and greenhouse gas emissions regulation can reduce greenhouse gas emissions while fostering significant economic growth. (13) Existing energy efficiency and clean, renewable energy technologies can reduce global warming pollution, while saving consumers money, reducing our dependence on oil, enhancing national security, cleaning the air, and protecting pristine places from drilling and mining. (b) Sense of Congress.--It is the sense of the Congress that the United States should participate in negotiations under the 1992 United Nations Framework Convention on Climate Change and honor its commitments therefrom with the objective of securing United States participation in agreements that-- (1) establish mitigation commitments by all countries that are major emitters of greenhouse gases, consistent with the principle of common but differentiated responsibilities; (2) achieve reductions in global greenhouse gas emissions at a pace and level sufficient to avoid dangerous interference with the Earth's climate; and (3) advance and protect the economic and national security interests of the United States. TITLE I--RENEWABLE ENERGY SEC. 101. NATIONAL RENEWABLE ENERGY STANDARD. Title VI of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-4 et seq.) is amended by adding at the end the following: ``SEC. 610. NATIONAL RENEWABLE ENERGY STANDARD. ``(a) In General.--The Secretary shall promulgate regulations requiring that-- ``(1) beginning in calendar year 2020, the percentage of electric energy generated from renewable sources that is sold at the retail level in the United States shall increase each year; ``(2) in calendar year 2030 and each subsequent calendar year, such percentage shall be not less than 40 percent of the total electric energy sold at the retail level in the United States; and ``(3) in calendar year 2050 and each subsequent calendar year, such percentage shall not be less than 80 percent of the total electric energy sold at the retail level in the United States. ``(b) Consultation.--The Secretary shall carry out this section in consultation with the Administrator of the Environmental Protection Agency. ``(c) Subsequent Increases.--Upon petition or upon the Secretary's own initiative, the Secretary may increase the percentage required by subsection (a)(2). ``(d) Rule of Construction.--Nothing in this section shall be construed to preempt or limit State actions to enhance renewable energy generation or energy efficiency.''. TITLE II--ENERGY EFFICIENCY SEC. 201. NATIONAL ENERGY EFFICIENCY STANDARD. Title VI of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-4 et seq.), as amended by section 101 of this Act, is amended by adding at the end the following: ``SEC. 611. NATIONAL ENERGY EFFICIENCY STANDARD. ``(a) In General.--The Secretary shall promulgate regulations in accordance with this section setting end-user savings targets for retail electric energy and natural gas suppliers. ``(b) Consultation.--The Secretary shall carry out this section in consultation with the Administrator of the Environmental Protection Agency. ``(c) Requirements.--With respect to targets under subsection (a): ``(1) The targets shall require each supplier to secure annual savings of a set percentage of the supplier's most recent year's sales to retail customers. ``(2) The savings shall be achieved through end-use efficiency improvements at customer facilities. ``(3) The targets-- ``(A) for retail electric energy suppliers shall increase gradually from 0.25 percent of sales in 2018 to 1.5 percent of sales in 2023 and each year thereafter through 2028; and ``(B) for retail natural gas suppliers shall increase gradually from 0.25 percent of sales in 2018 to 0.5 percent of sales in 2023 and each year thereafter through 2028. ``(4) The targets are cumulative. Each year's savings shall be achieved in addition to the previous years' savings. ``(d) Required Percentages After 2028.--The Secretary may, upon petition or upon the Secretary's own initiative, increase the required percentage of end-user savings for years after 2028. ``(e) Market-Based Trading System.--The Secretary shall allow suppliers to achieve the targets under subsection (a) through a market- based trading system. ``(f) Rule of Construction.--Nothing in this section shall be construed to preempt or limit State actions to enhance renewable energy generation or energy efficiency.''. TITLE III--SCIENCE-BASED REDUCTIONS SEC. 301. EMISSION REDUCTION TARGETS. Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (in this title referred to as the ``Administrator'') shall promulgate annual emission reduction targets for each of calendar years 2030 through 2050, so as to ensure that the quantity of United States greenhouse gas emissions-- (1) in 2035, is at least 40 percent below the quantity of such emissions in 1990; and (2) in 2050, is at least 80 percent below the quantity of such emissions in 1990. SEC. 302. NATIONAL ACADEMIES REVIEW. Not later than 5 years after the date of the enactment of this Act, and every 5 years thereafter, the Administrator shall enter into an arrangement with the National Academies (or, if the National Academies decline to enter into such arrangement, another appropriate entity) under which the National Academies, acting through the National Academy of Sciences and the National Research Council, will submit a report to the Administrator and the Congress on the prospects for avoiding dangerous anthropogenic interference with the climate system and the progress made to date. Each such report shall-- (1) evaluate whether the emission reduction targets promulgated pursuant to section 301 and the policies to reduce United States greenhouse gas emissions under this Act, the amendments made by this Act, and other provisions of law, including the Clean Air Act (42 U.S.C. 7401 et seq.), are likely to be sufficient to avoid dangerous climate change, taking into account the actions of other nations; and (2) if the National Academies concludes that such targets and policies are not likely to be sufficient to avoid dangerous climate change-- (A) identify the needed amount of further reductions in atmospheric greenhouse gas concentrations; and (B) recommend additional United States and international actions to further reduce atmospheric greenhouse gas concentrations. SEC. 303. REGULATIONS. (a) In General.--The Administrator shall-- (1) not later than 7 years after the date of enactment of this Act, promulgate final regulations to implement the emission reduction targets under section 301; and (2) not less than every 5 years thereafter-- (A) review such regulations, taking into account the reports under section 302; and (B) revise such regulation as necessary to implement such emission reduction targets. (b) Rulemaking on Recommendations of National Academies.--If any report under section 302 includes a recommendation under section 302(2)(B) for regulatory action by a Federal department or agency, and such regulatory action is within the authority of such department or agency (under law other than this subsection), the head of such department or agency shall, not later than 2 years after the submission of such report, finalize a rulemaking-- (1) to carry out such regulatory action; or (2) to explain the reasons for declining to act. (c) Additional Regulations.--The regulations promulgated under subsection (a) may include additional regulations to reduce emissions of United States greenhouse gases from any source or sector. Any such regulations that address sources whose greenhouse gas emissions are regulated pursuant to section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)) shall account for the compliance schedule promulgated pursuant to such section 111(d). Regulations under this section may include market-based measures, emissions performance standards, efficiency performance standards, best management practices, technology-based requirements, and other forms of requirements. (d) Relation to Other Authority.--The authority vested by this title is in addition to the authority to regulate greenhouse gas emissions pursuant to other provisions of law. SEC. 304. SAVINGS CLAUSE. Nothing in this title shall be interpreted to preempt or limit State actions to address climate change. SEC. 305. DEFINITIONS. In this title: (1) Greenhouse gas.--The term ``greenhouse gas'' means-- (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) hydrofluorocarbons; (E) perfluorocarbons; (F) sulfur hexafluoride; or (G) any other anthropogenically emitted gas that is determined by the Administrator, after notice and comment, to contribute to global warming to a non- negligible degree. (2) United states greenhouse gas emissions.--The term ``United States greenhouse gas emissions'' means the total quantity of greenhouse gas emissions calculated by the Administrator on an annual basis and reported to the United Nations Framework Convention on Climate Change Secretariat.

Climate Solutions Act of 2015 This bill amends the Public Utility Regulatory Policies Act of 1978 by directing the Department of Energy (DOE) to promulgate regulations that require the percentage of electric energy generated from renewable sources that is sold at the retail level to increase each year beginning in 2020 so that in 2050 and each subsequent year, the percentage is at least 80%. DOE must also promulgate regulations that set cumulative energy savings targets for retail electric energy and natural gas suppliers that require each supplier to secure annual savings that are achieved through end-use efficiency improvements at customer facilities. For electric energy suppliers, the targets must increase from .25% of sales in 2018 to 1.5% of sales in 2023 and each year thereafter through 2028. For natural gas suppliers, the target must increase from .25% of sales in 2018 to .5% of sales in 2023 and each year thereafter through 2028. DOE must allow suppliers to achieve the targets through a market-based trading system. The Environmental Protection Agency (EPA) must promulgate annual emission reduction targets for each of 2030 through 2050 to ensure that U.S. greenhouse gas emissions: (1) in 2035 are at least 40% below those in 1990, and (2) in 2050 are at least 80% below those in 1990. The EPA must promulgate final regulations to implement those targets within 7 years and review them at least every 5 years thereafter.

Climate Solutions Act of 2015

Relating to Agreement For Nuclear Cooperation.--The joint resolution entitled ``Joint Resolution relating to the approval and implementation of the proposed agreement for nuclear cooperation between the United States and the People's Republic of China (Public Law 99-183; approved December 16, 1985) is amended-- (1) in subsection (b)-- (A) by inserting ``and subject to section 2,'' after ``or any international agreement,''; and (B) in paragraph (1) by striking ``thirty'' and inserting ``120''; and (2) by adding at the end the following: ``Sec. 2. (a) Action by Congress To Disapprove Certification.--No license may be issued for the export to the People's Republic of China of any nuclear material, facilities, or components subject to the Agreement, and no approval for the transfer or retransfer to the People's Republic of China of any nuclear material, facilities, or components subject to the Agreement shall be given if, during the 120- day period referred to in subsection (b)(1) of the first section, there is enacted a joint resolution described in subsection (b) of this section. ``(b) Description of Joint Resolution.--A joint resolution is described in this subsection if it is a joint resolution which has a provision disapproving the President's certification under subsection (b)(1), or a provision or provisions modifying the manner in which the Agreement is implemented, or both. ``(c) Procedures For Consideration of Joint Resolutions.-- ``(1) Reference to committees.--Joint resolutions-- ``(A) may be introduced in either House of Congress by any Member of such House; and ``(B) shall be referred, in the House of Representatives, to the Committee on International Relations and, in the Senate, to the Committee on Foreign Relations. It shall be in order to amend such joint resolutions in the committees to which they are referred. ``(2) Floor consideration.--(A) The provisions of section 152(d) and (e) of the Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating to the floor consideration of certain resolutions in the House and Senate) apply to joint resolutions described in subsection (b). ``(B) It is not in order for-- ``(i) the House of Representatives to consider any joint resolution described in subsection (b) that has not been reported by the Committee on International Relations; and ``(ii) the Senate to consider any joint resolution described in subsection (b) that has not been reported by the Committee on Foreign Relations. ``(c) Consideration of Second Resolution Not in Order.--It shall not be in order in either the House of Representatives or the Senate to consider a joint resolution described in subsection (b) (other than a joint resolution described in subsection (b) received from the other House), if that House has previously adopted such a joint resolution. ``(d) Procedures Relating to Conference Reports in the Senate.-- ``(1) Consideration.--Consideration in the the Senate of the conference report on any joint resolution described in subsection (b), including consideration of all amendments in disagreement (and all amendments thereto), and consideration of all debatable motions and appeals in connection therewith, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the conference report. ``(2) Debate on amendments in disagreement.--In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment to any amendment in disagreement shall be received unless it is a germane amendment. ``(3) Consideration of veto message.--Consideration in the Senate of any veto message with respect to a joint resolution described in subsection (b), including consideration of all debatable motions and appeals in connection therewith, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.''. Passed the House of Representatives November 5, 1997. Attest: ROBIN H. CARLE, Clerk.

TABLE OF CONTENTS: Title I: Political Freedom in China Title II: Agreement on Nuclear Cooperation Title I - Political Freedom in China Act of 1997 - Urges the Secretary of State to: (1) request the immediate and unconditional release of Ngodrup Phuntsog and other prisoners of conscience in Tibet, as well as in China; (2) seek access for international humanitarian organizations to Drapchi prison and other prisons in Tibet, as well as in China, to ensure that prisoners are not being mistreated and are receiving necessary medical treatment; and (3) call on China to begin serious discussions with the Dalai Lama or his representatives, without preconditions, on the future of Tibet. (Sec. 4) Authorizes appropriations for FY 1998 and 1999 for: (1) additional diplomatic personnel at U.S. posts in China and Nepal to monitor political repression in China; and (2) the National Endowment for Democracy to promote democracy, civil society, and the development of the rule of law in China. Directs the Secretary to use funds in the East Asia-Pacific Regional Democracy Fund to provide grants to nongovernmental organizations to promote the aforementioned goals. (Sec. 6) Directs the Secretary to report annually to specified congressional committees on human rights in China, including religious persecution, the development of democratic institutions, and the rule of law. Directs the Secretary to establish a Prisoner Information Registry for China which shall provide information on all political prisoners, prisoners of conscience, and prisoners of faith in China. (Sec. 7) Expresses the sense of the Congress that it, the President, and the Secretary should work with governments of other countries to establish a Commission on Security and Cooperation in Asia which would be modeled after the Commission on Security and Cooperation in Europe. (Sec. 8) Expresses the sense of the Congress that the Hong Kong people should continue to have the right to freely elect their legislative representatives, and that the first legislature of the Hong Kong Special Administrative Region should be determined by them through an election law convention, a referendum, or both. (Sec. 9) Expresses the sense of the Congress that: (1) the Government of China should stop the practice of harvesting and transplanting organs for profit from prisoners that it executes; (2) China should be strongly condemned for such practices; (3) the President should bar entry into the United States of any Chinese officials known to be involved in such practices; (4) individuals involved in the sale of such organs in the United States should be prosecuted; and (5) the appropriate U.S. officials should interview individuals, including doctors, who may have knowledge of such practices. Title II: Agreement on Nuclear Cooperation - Amends Federal law to extend the congressional review period for licensing nuclear exports to China from 30 to 120 days. Provides for congressional procedures for consideration of a joint resolution for disapproval for any licensing agreement.

Political Freedom in China Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Trafficking Fraud Enforcement Act of 2014''. SEC. 2. OFFICE FOR TAX LAW ENFORCEMENT RELATING TO HUMAN TRAFFICKING AND PROMOTION OF COMMERCIAL SEX ACTS. (a) Establishment.--The Secretary of the Treasury shall establish an office within the Internal Revenue Service to investigate and prosecute violations of the internal revenue laws by persons that appear to be engaged in conduct in violation of any of the provisions specified in subsection (b). (b) Certain Criminal Provisions Relating to Human Trafficking and Promotion of Commercial Sex Acts.--The provisions of law referenced in this subsection are as follows: (1) The following provisions of title 18, United States Code: (A) Section 1351. (B) Section 1589. (C) Section 1590. (D) Section 1591(a). (E) Section 1952. (F) Section 2421. (G) Section 2422. (H) Subsection (a), (d), or (e) of section 2423. (2) Section 1328 of title 8, United States Code. (3) The laws of any State or territory that prohibit the promotion of prostitution or of any commercial sex act (as such term is defined in section 1591(e)(3) of title 18, United States Code). (c) Cooperation With Department of Justice.--To the extent possible, the office established under subsection (a) shall cooperate with the Child Exploitation and Obscenity Section of the Department of Justice and the Innocence Lost National Initiative of the Federal Bureau of Investigation. (d) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the enforcement activities of the office established under subsection (a) and shall include any recommendations for statutory changes to assist in future prosecutions pursuant to this section. (e) Applicability of Whistleblower Awards to Victims of Human Trafficking.--For purposes of making an award under paragraph (1) or (2) of section 7623(b) of the Internal Revenue Code of 1986 with respect to information provided by victims of any person convicted of violating any of the provisions specified in subsection (b), the determination of whether such person is described in such paragraph shall be made without regard to paragraph (3) of section 7623(b) of such Code. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated not more than $4,000,000 for fiscal year 2015 to carry out subsection (a). (2) Additional funding for administration of office.-- Unless specifically appropriated otherwise, there is authorized to be appropriated and is appropriated to the office established under subsection (a) for fiscal years 2015 and 2016 for the administration of such office an amount equal to the sum of-- (A) the amount of any tax under chapter 1 of the Internal Revenue Code of 1986 (including any interest) collected during such fiscal years as the result of the actions of such office, plus (B) the amount of any civil or criminal monetary penalties imposed under such Code relating to such tax and so collected. Amounts not expended under the preceding sentence shall be transferred to and deposited in the Crime Victims Fund in the Treasury (42 U.S.C. 10601). SEC. 3. INCREASE IN CRIMINAL MONETARY PENALTIES. (a) Attempt To Evade or Defeat Tax.--Section 7201 of the Internal Revenue Code of 1986 (relating to attempt to evade or defeat tax) is amended-- (1) by striking ``Any person'' and inserting the following: ``(a) In General.--Any person'', and (2) by adding at the end the following new subsection: ``(b) Attempt To Evade or Defeat Tax Attributable to Human Trafficking and Commercial Sex Acts.-- ``(1) In general.--In the case of any attempt to evade or defeat any tax attributable to income derived from an act described in paragraph (2), subsection (a) shall be applied-- ``(A) by substituting `$500,000 ($1,000,000' for `$100,000 ($500,000', and ``(B) by substituting `10 years' for `5 years'. ``(2) Human trafficking and commercial sex acts.--For purposes of paragraph (1), an act described in this paragraph is any act which is a violation of any of the provisions specified in section 2(b) of the Human Trafficking Fraud Enforcement Act of 2014.''. (b) Willful Failure To File Return, Supply Information, or Pay Tax.-- (1) General increase in monetary penalty.--Section 7203 of the Internal Revenue Code of 1986 (relating to willful failure to file return, supply information, or pay tax) is amended by striking ``$25,000'' and inserting ``$50,000''. (2) Increase in penalties for failure to file with respect to tax attributable to human trafficking and commercial sex acts.-- (A) In general.--Section 7203 of the Internal Revenue Code of 1986 (relating to willful failure to file return, supply information, or pay tax), as amended by paragraph (1), is amended by striking ``Any person'' in the first sentence and inserting the following: ``(a) In General.--Any person'', and (B) by adding at the end the following new subsection: ``(b) Failure To File With Respect to Tax Attributable to Human Trafficking and Commercial Sex Acts.--In the case of any failure with respect to any tax attributable to income derived from an act described in paragraph (2) of section 7201(b), the first sentence of subsection (a) shall be applied by substituting-- ``(1) `felony' for `misdemeanor', ``(2) `$500,000 ($1,000,000' for `$50,000 ($100,000', and ``(3) `10 years' for `1 year'.''. (3) Conforming amendment.--The third sentence of section 7203(a) of the Internal Revenue Code of 1986 (as amended by paragraph (1)) is amended by striking ``this section'' and inserting ``this subsection''. (c) Fraud and False Statements.--Section 7206 of the Internal Revenue Code of 1986 (relating to fraud and false statements) is amended-- (1) by striking ``Any person'' and inserting the following: ``(a) In General.--Any person'', and (2) by adding at the end the following new subsection: ``(b) Fraud and False Statements With Respect to Tax Attributable to Human Trafficking and Commercial Sex Acts.--In the case of any violation of subsection (a) relating to any tax attributable to income derived from an act described in paragraph (2) of section 7201(b), subsection (a) shall be applied-- ``(1) by substituting `$500,000 ($1,000,000' for `$100,000 ($500,000', and ``(2) by substituting `5 years' for `3 years'.''. (d) Penalties May Be Applied in Addition to Other Penalties.-- Section 7204 of the Internal Revenue Code of 1986 (relating to fraudulent statement or failure to make statement to employees) is amended by striking ``the penalty provided in section 6674'' and inserting ``the penalties provided in sections 6674, 7201, and 7203''. (e) Increase in Monetary Limitation for Underpayment or Overpayment of Tax Due to Fraud.--Section 7206 of the Internal Revenue Code of 1986 (relating to fraud and false statements), as amended by subsection (c), is amended by adding at the end the following new subsection: ``(c) Increase in Monetary Limitation for Underpayment or Overpayment of Tax Due to Fraud.--If any portion of any underpayment (as defined in section 6664(a)) or overpayment (as defined in section 6401(a)) of tax required to be shown on a return is attributable to fraudulent action described in subsection (a), the applicable dollar amount under subsection (a) shall in no event be less than an amount equal to such portion. A rule similar to the rule under section 6663(b) shall apply for purposes of determining the portion so attributable.''. (f) Moneys Available To Assist Victims of Crime.--There are hereby appropriated to the Crime Victims Fund (42 U.S.C. 10601) amounts equivalent to the increase in receipts to the Treasury by reason of the amendments made by this section. Such amounts shall be available for victim assistance grants under the Victims of Crime Act of 1984, including crisis intervention, emergency shelter and transportation, counseling, and criminal justice advocacy to victims of crime. (g) Effective Date.--The amendments made by this section shall apply to actions, and failures to act, occurring after the date of the enactment of this Act.

Human Trafficking Fraud Enforcement Act of 2014 - Directs the Secretary of the Treasury to establish within the Internal Revenue Service (IRS) an office to investigate and prosecute violations of internal revenue laws by persons that appear to be engaged in violations of specified federal laws prohibiting forced labor, trafficking of individuals, and transportation of minors or aliens for immoral purposes and of state or territorial laws prohibiting the promotion of prostitution or of any commercial sex act. Directs such office to cooperate with the Child Exploitation and Obscenity Section of the Department of Justice (DOJ) and the Innocence Lost National Initiative of the Federal Bureau of Investigation (FBI). Allow victims of human trafficking crimes to claim awards allowed for whistleblowing. Amends the Internal Revenue Code to increase civil and criminal penalties for tax evasion attributable to income derived from human trafficking and commercial sex acts. Makes it a felony to fail to file a tax return including income derived from human trafficking or commercial sex acts. Appropriates to the Crime Victims Fund additional funds equal to the increase in receipts from increased civil and criminal penalties provided by this Act.

Human Trafficking Fraud Enforcement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Based Independence for Seniors Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Community-based services play an essential role in keeping individuals healthy. (2) Without community-based long-term services and supports, which are not typically covered by Medicare, seniors frequently experience negative health outcomes and lose their ability to live independently. (3) Seniors who deplete their resources often have no option but to turn to Medicaid for coverage of long-term care expenses. (4) Targeting community-based services and supports to at- risk seniors can help these individuals avoid depleting their assets and becoming Medicaid dependent. SEC. 3. COMMUNITY-BASED INSTITUTIONAL SPECIAL NEEDS PLAN DEMONSTRATION. Part C of title XVIII of the Social Security Act is amended by inserting after section 1859 (42 U.S.C. 1395w-28) the following new section: ``SEC. 1859A. COMMUNITY-BASED INSTITUTIONAL SPECIAL NEEDS PLAN DEMONSTRATION. ``(a) Establishment.-- ``(1) In general.--The Secretary shall establish a Community-Based Institutional Special Needs Plan demonstration program (in this section referred to as the `CBI-SNP demonstration program') to provide home and community-based care to eligible Medicare beneficiaries. ``(2) Agreements.--The Secretary shall enter into agreements with eligible MA organizations under which such organizations shall offer eligible MA plans under the CBI-SNP demonstration program to eligible Medicare beneficiaries. ``(3) Limitation on number of plans.--The CBI-SNP demonstration program shall be carried out with respect to not greater than five MA plans. ``(4) Eligible ma plans defined.--For purposes of this section, the term `eligible MA plan' means a plan that, in addition to items and services for which coverage is otherwise provided under this part (including benefits under section 1852(a)(3) and notwithstanding any waivers under section 1915(c)), provides for coverage of long-term care services and supports that the Secretary determines appropriate for the purposes of the CBI-SNP demonstration program, such as-- ``(A) homemaker services; ``(B) home delivered meals; ``(C) transportation services; ``(D) respite care; ``(E) adult day care services; and ``(F) safety and other equipment not otherwise covered under this title. ``(b) Eligible MA Organizations.--For purposes of this section, the term `eligible MA organization' means an MA organization that-- ``(1) has experience in offering specialized MA plans for special needs individuals, as defined in section 1859(b)(6)(A), to individuals who live in the community in which the eligible MA plan is offered; ``(2) has experience working with low-income seniors groups; ``(3) is located in a State that the Secretary has determined is able to participate in the CBI-SNP demonstration program by agreeing to make available data necessary for purposes of conducting the independent evaluation required under subsection (h); and ``(4) meets such other criteria as the Secretary may require. ``(c) Eligible Medicare Beneficiary Defined.--In this section, the term `eligible Medicare beneficiary' means a Medicare beneficiary who-- ``(1) is eligible to enroll in an eligible MA plan under the CBI-SNP demonstration program; ``(2) is a subsidy eligible individual (as defined in section 1860D-14(a)(3)(A)); ``(3) is not eligible to receive benefits under title XIX; ``(4) is unable to perform 2 or more activities of daily living (as defined in section 7702B(c)(2)(B) of the Internal Revenue Code of 1986); and ``(5) is age 65 or older. ``(d) Payments.--The Secretary shall establish a benchmark payment amount for reimbursing eligible MA organizations offering eligible MA plans under the CBI-SNP demonstration program for benefits covered under such program (and not otherwise covered under part C) and provided to eligible Medicare beneficiaries under such plans. Such payments shall be in addition to payments otherwise made to such organization with respect to such plans under part C. ``(e) Special Election Period.--Notwithstanding sections 1852(e)(2)(C) and 1860D-1(b)(1)(B)(iii), an eligible Medicare beneficiary may, other than during the annual, coordinated election periods under such sections-- ``(1) discontinue enrollment in an MA plan not participating in the CBI-SNP demonstration program and enroll in an MA plan participating in such program; and ``(2) discontinue enrollment under the original medicare fee-for-service program under parts A and B and the enrollment in a prescription drug plan under part D and enroll in an MA plan participating in the CBI-SNP demonstration program. ``(f) Beneficiary Education.--The Secretary shall help to educate, through State Health Insurance Assistance Programs and other organizations that assist seniors with respect to benefits and enrollment under this title, eligible Medicare beneficiaries on the availability of the CBI-SNP demonstration program. ``(g) Implementation.-- ``(1) Deadline.--The CBI-SNP demonstration program shall be implemented not later than January 1 of the second year beginning after the date of the enactment of this section. ``(2) Duration.--Subject to paragraph (3), the CBI-SNP demonstration program shall be conducted for a period of five years. ``(3) Extension or expansion.--Taking into account the report under subsection (h)(2), the Secretary may, through rulemaking, expand (including implementation on a nationwide or permanent basis) the duration or the scope CBI-SNP demonstration program to the extent determined appropriate by the Secretary, unless the Secretary determines that such expansion is expected to-- ``(A) increase aggregate expenditures under this title and title XIX with respect to eligible Medicare beneficiaries participating in the CBI-SNP demonstration program; or ``(B) decrease the quality of health care services furnished to eligible Medicare beneficiaries participating in the CBI-SNP demonstration program. ``(h) Independent Evaluation and Reports.-- ``(1) Independent evaluation.-- ``(A) In general.--The Secretary shall provide for the evaluation of the CBI-SNP demonstration program by an independent third party. ``(B) Evaluation objectives.--Such evaluation shall determine the extent to which the CBI-SNP demonstration program has resulted in-- ``(i) improved patient care; ``(ii) reduced hospitalizations or rehospitalizations; ``(iii) reduced or delayed nursing facility admissions and lengths of stay under title XIX; ``(iv) reduced spend down of income and assets for purposes of becoming eligible for medical assistance under a State plan under title XIX; ``(v) improved quality of life for the eligible Medicare beneficiaries enrolled in an eligible MA plan participating in the CBI-SNP demonstration program; and ``(vi) improved caregiver satisfaction. ``(C) Evaluation process.--Such evaluation shall be completed in accordance with the following process: ``(i) The Secretary shall, prior to the implementation of such program, establish goals for such program with respect to the evaluation objectives described in subparagraph (B) and criteria for measuring the extent to which an eligible MA plan participating in the CBI-SNP demonstration program meets such goals. ``(ii) The Secretary shall implement clear data collection and reporting requirements for such eligible MA plans in order to carry out such evaluation. In carrying out such process, the Secretary shall recognize that definitions, benefits, and program requirements for long-term care services and supports vary across States. ``(2) Reports.--Not later than four years after the implementation of the CBI-SNP demonstration program, the Secretary shall submit to Congress a report containing the results of the evaluation conducted under paragraph (1), together with such recommendations for legislative or administrative action as the Secretary determines appropriate. In preparing such report, the Secretary shall use at least three years worth of data under the demonstration program. ``(i) Budget Neutrality.--For any year after the third year of the CBI-SNP demonstration program, the Secretary shall ensure that the aggregate payments made under this title and title XIX, including under the demonstration program, do not exceed the amount which the Secretary estimates would have been expended under such titles during such year if the CBI-SNP demonstration program had not been implemented. ``(j) Paperwork Reduction Act.--Chapter 35 of title 44, United States Code, shall not apply to the testing and evaluation of the CBI- SNP demonstration program.''.

Community Based Independence for Seniors Act of 2015 This bill amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a Community-Based Institutional Special Needs Plan demonstration program to provide home and community-based care to eligible Medicare beneficiaries age 65 or older.

Community Based Independence for Seniors Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ephedrine Alkaloids Regulation Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The United States faces increasing danger related to methamphetamine trafficking, production, and abuse. (2) Methamphetamine is a highly addictive drug that can be readily made from products and precursors purchased from retail stores. Step-by-step recipes can easily be found on the Internet, which is a factor in the dramatic increase in the number of clandestine labs in recent years. (3) Methamphetamine-producing clandestine laboratories have been identified by the Drug Enforcement Administration as a significant threat to the Nation's public health and safety. The manufacture of methamphetamine produces highly toxic and unstable chemicals that threaten the well-being of first responders, law enforcement officers, and the community at- large. (4) Methamphetamine production, once exclusively found in West Coast States, has rapidly moved eastward to the Midwest. Production can now be found on the East Coast, in the States of New York and Florida. (5) Methamphetamine abuse is indiscriminate of age, socioeconomic level, or race. (6) Pseudoephedrine is a necessary precursor chemical in the production of methamphetamine, which prompted the Drug Enforcement Administration to initiate investigations regarding the chemical's sale and distribution. (7) Efforts to reduce access to pseudoephedrine by methamphetamine producers, such as blister packaging and sales thresholds, have not been effective deterrents, and pseudoephedrine tablets remain pervasive in the illicit production of methamphetamine. (8) Pseudoephedrine in liquid gel and liquid forms have not been found to be used in methamphetamine production. (9) As States and communities attempt to combat and control methamphetamine through restricting the sale of pseudoephedrine products, it is incumbent upon the Congress to develop a uniform standard for the distribution of pseudoephedrine in tablet form. SEC. 2. CONTROLLED SUBSTANCES; ADDITION OF EPHEDRINE ALKALOIDS TO SCHEDULE V. (a) In General.--Effective upon the expiration of 30 days after the date of the enactment of this Act, ephedrine alkaloids (including ephedrine and pseudoesphedrine), and their salts, optical isomers, and salts of optical isomers, shall be considered to be listed in schedule V of the schedules of controlled substances established under section 202(c) of the Controlled Substances Act, subject to subsection (b). The Attorney General shall amend part 1308 of title 21, Code of Federal Regulations, accordingly. (b) Certain Forms of Pseudoephedrine.--Subject to the authority of the Attorney General under the Controlled Substances Act to designate drugs or other substances as controlled substances or listed chemicals-- (1) subsection (a) does not apply to pseudoephedrine when contained in a drug that is in liquid or gel form and is marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act; and (2) pseudoephedrine when so contained shall be considered a listed chemical. SEC. 3. REGULATION OF TRANSACTIONS INVOLVING LISTED CHEMICALS; EXEMPTION FOR CERTAIN DOSAGE FORMS OF PSEUDOEPHEDRINE. (a) Definition of Regulated Transaction.--Section 102(39)(A)(iv) of the Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)) is amended-- (1) in the matter preceding subclause (I), by striking ``unless--'' and inserting ``unless, subject to clause (v)--''; (2) in subclause (I), by inserting ``in liquid or gel form'' after ``pseudoephedrine'' the first place such term appears; and (3) in subclause (II)-- (A) by inserting ``in liquid or gel form'' after ``pseudoephedrine'' the first place such term appears; and (B) by striking ``except that'' and all that follows and inserting the following: ``except that the threshold for any sale of products containing pseudoephedrine products in liquid or gel form, or containing phenylpropanolamine products, by retail distributors or by distributors required to submit reports by section 310(b)(3) shall be 9 grams of pseudoephedrine or 9 grams of phenylpropanolamine in a single transaction and sold in package sizes of not more than 3 grams of pseudoephedrine base or 3 grams of phenylpropanolamine base; or''. (b) Definition of Ordinary Over-The-Counter Pseudoephedrine or Phenylpropanolamine Product.--Section 102(45) of the Controlled Substances Act (21 U.S.C. 802(45)) is amended in the matter preceding subparagraph (A) by striking ``containing pseudoephedrine or phenylpropanolamine that'' and inserting ``containing pseudoephedrine in liquid or gel form, or containing phenylpropanolamine, that''.

Ephedrine Alkaloids Regulation Act of 2004 - Requires ephedrine alkaloids, including ephedrine and pseudoephedrine, to be listed in schedule V (drugs or other substances having a low potential for abuse, that have a currently accepted medical use in treatment in the United States, abuse of which may lead to limited physical or psychological dependence) of the Controlled Substances Act (CSA). Excepts pseudoephedrine when contained in a drug that is in liquid or gel form marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act (which shall be considered a listed chemical). Amends CSA to revise the definition of: (1) "regulated transaction" to provide that the threshold for any distributor sale of products containing pseudoephedrine products in liquid or gel form, or containing phenylpropanolamine products, shall be nine grams of pseudoephedrine or phenylpropanolamine in a single transaction and sold in package sizes of not more than three grams of pseudoephedrine or phenylpropanolamine base; and (2) "ordinary over-the-counter pseudoephedrine or phenylpropanolamine product" to mean certain products containing pseudoephedrine in liquid or gel form (currently, products containing pseudoephedrine) that meet specified requirements.

To amend the Controlled Substances Act with respect to the regulation of ephedrine alkaloids, including ephedrine and pseudoesphedrine.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Little Rock Nine Medals and Coins Act''. TITLE I--LITTLE ROCK NINE GOLD MEDALS SEC. 101. CONGRESSIONAL FINDINGS. The Congress hereby finds the following: (1) Jean Brown Trickey, Carlotta Walls LaNier, Melba Patillo Beals, Terrence Roberts, Gloria Ray Karlmark, Thelma Mothershed Wair, Ernest Green, Elizabeth Eckford, and Jefferson Thomas, hereafter in this section referred to as the ``Little Rock Nine'', voluntarily subjected themselves to the bitter stinging pains of racial bigotry. (2) The Little Rock Nine are civil rights pioneers whose selfless acts considerably advanced the civil rights debate in this country. (3) The Little Rock Nine risked their lives to integrate Central High School in Little Rock, Arkansas, and subsequently the Nation. (4) The Little Rock Nine sacrificed their innocence to protect the American principle that we are all ``one nation, under God, indivisible''. (5) The Little Rock Nine have indelibly left their mark on the history of this Nation. (6) The Little Rock Nine have continued to work towards equality for all Americans. SEC. 102. CONGRESSIONAL GOLD MEDALS. (a) Presentation Authorized.--The President is authorized to present, on behalf of the Congress, to Jean Brown Trickey, Carlotta Walls LaNier, Melba Patillo Beals, Terrence Roberts, Gloria Ray Karlmark, Thelma Mothershed Wair, Ernest Green, Elizabeth Eckford, and Jefferson Thomas, commonly referred to collectively as the ``Little Rock Nine'', gold medals of appropriate design, in recognition of the selfless heroism such individuals ex- hibited and the pain they suffered in the cause of civil rights by integrating Central High School in Little Rock, Arkansas. (b) Design and Striking.--For purposes 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 for each recipient. (c) Authorization of Appropriation.--Effective October 1, 1997, there are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 103. DUPLICATE MEDALS. (a) Striking and Sale.--The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medals struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. (b) Reimbursement of Appropriation.--The appropriation used to carry out section 2 shall be reimbursed out of the proceeds of sales under subsection (a). SEC. 104. NATIONAL MEDALS. The medals struck pursuant to this title are national medals for purposes of chapter 51 of title 31, United States Code. TITLE II--GERALD AND BETTY FORD GOLD MEDAL SEC 201. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to present, on behalf of the Congress, to Gerald R. and Betty Ford a gold medal of appropriate design-- (1) in recognition of their dedicated public service and outstanding humanitarian contributions to the people of the United States; and (2) in commemoration of the following occasions in 1998: (A) The 85th anniversary of the birth of President Ford. (B) The 80th anniversary of the birth of Mrs. Ford. (C) The 50th wedding anniversary of President and Mrs. Ford. (D) The 50th anniversary of the 1st election of Gerald R. Ford to the United States House of Representatives. (E) The 25th anniversary of the approval of Gerald R. Ford by the Congress to become Vice President of the United States. (b) Design and Striking.--For purposes 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. (c) Authorization of Appropriation.--There are authorized to be appropriated not to exceed $20,000 to carry out this section. SEC. 202. DUPLICATE MEDALS. (a) Striking and Sale.--The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medal struck pursuant to section 201 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. (b) Reimbursement of Appropriation.--The appropriation used to carry out section 201 shall be reimbursed out of the proceeds of sales under subsection (a). SEC. 203. NATIONAL MEDALS. The medals struck pursuant to this title are national medals for purposes of chapter 51 of title 31, United States Code. TITLE III--JACKIE ROBINSON COMMEMORATIVE COINS SEC. 301. SIX-MONTH EXTENSION FOR CERTAIN SALES. Notwithstanding section 101(7)(D) of the United States Commemorative Coin Act of 1996, the Secretary of the Treasury may, at any time before January 1, 1999, make bulk sales at a reasonable discount to the Jackie Robinson Foundation of not less than 20 percent of any denomination of coins minted under section 101(7) of such Act which remained unissued as of July 1, 1998, except that the total number of coins of any such denomination which were issued under such section or this section may not exceed the amount of such denomination of coins which were authorized to be minted and issued under section 101(7)(A) of such Act. TITLE IV--$1 COIN DESIGN EVALUATION SEC. 401. COMMISSIONING OF STUDY REQUIRED. (a) In General.--The Comptroller General of the United States shall commission, on a reimbursable basis, a study, similar to the study conducted under section 302 of the United States Commemorative Coin Act of 1996, to compare the relative acceptance by the public and the fiscal impact on the Treasury of the United States of the use of the image of Sacajawea on the obverse of the new $1 coin with that of the relative acceptance by the public and the fiscal impact on the Treasury of the United States of the use of the image of the Statue of Liberty. (b) Design and Scope of Study.--The study required to be commissioned under subsection (a) shall-- (1) be designed by the Comptroller General, in consultation with the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, the Secretary of the Treasury, and the Director of the United States Mint; (2) be conducted by private sector consultants selected by the Comptroller General on the basis of their education, training, and experience; (3) measure the estimated acceptance of each image, including an estimate of the number of potential sales of proof, uncirculated, and other qualities of coins bearing each such image; (4) estimate the number of coins bearing each such image which would be removed from circulation for collections or as souvenirs by both formal and informal numismatists and other collectors, as well as tourists; and (5) examine the financial impact which could flow from other factors that might influence the choice of an image for the obverse of the coin. (c) Inclusion of Focus Groups and Interested Associations.--In carrying out the study required under this section, the consultants selected by the Comptroller General shall-- (1) convene groups consisting of individuals representing a broad cross-section of the populace for purposes of testing the relative acceptance of the 2 images; and (2) consult with the American Numismatic Association and the Coin Coalition, as well as any marketing organization or operator of a sales location which might sell proof, uncirculated, and other qualities of the new $1 coin. (d) Report.-- (1) In general.--A report on the study shall be completed and submitted to the Congress before January 31, 1999. (2) Contents.--The report submitted pursuant to paragraph (1) shall contain the findings and conclusions of the consultants conducting the study and the Comptroller General, together with such recommendations as the consultants and the Comptroller General determine to be appropriate. (e) Funding.--Not to exceed $350,000 of the costs of the study required under this section shall be reimbursed by the Secretary of the Treasury from the United States Mint Public Enterprise Fund. TITLE V--LEIF ERICSSON MILLENNIUM COMMEMORATIVE COIN SEC. 501. SHORT TITLE. This title may be cited as the ``Leif Ericsson Millennium Commemorative Coin Act''. SEC. 502. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In conjunction with the simultaneous mining and issuance of commemorative coins by the Republic of Iceland in commemoration of the millennium of the discovery of the New World by Leif Ericsson, the Secretary of the Treasury (hereafter in this title referred to as the ``Secretary'') shall mint and issue not more than 500,000 1 dollar coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this title 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 title shall be considered to be numismatic items. SEC. 503. SOURCES OF BULLION. The Secretary may obtain silver for minting coins under this title from any available source, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 504. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this title shall be emblematic of the millennium of the discovery of the New World by Leif Ericsson. (2) Designation and inscriptions.--On each coin minted under this title there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2000''; 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 title shall be-- (1) selected by the Secretary after consultation with the Leifur Eiriksson Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 505. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this title 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 title. (c) Commencement of Issuance.--The Secretary may issue coins minted under this title beginning January 1, 2000. (d) Termination of Minting Authority.--No coins may be minted under this title after December 31, 2000. SEC. 506. SURCHARGES. (a) In General.--All sales of coins minted under this title shall include a surcharge of $10 per coin. (b) Distribution.--All surcharges received by the Secretary from the sale of coins issued under this title shall be promptly paid by the Secretary to the Leifur Eiriksson Foundation for the purpose of funding student exchanges between students of the United States and students of Iceland. (c) Audits.--The Leifur Eiriksson Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation under subsection (b). SEC. 507. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this title. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. Passed the House of Representatives October 9, 1998. Attest: Clerk.

TABLE OF CONTENTS: Title I: Little Rock Nine Gold Medals Title II: Gerald and Betty Ford Gold Medals Title III: Jackie Robinson Commemorative Coins Title IV: $1 Coin Design Evaluation Title V: Leif Ericsson Millennium Commemorative Coin Little Rock Nine Medals and Coins Act - Title I: Little Rock Nine Gold Medals - Authorizes the President to present gold medals, on behalf of the Congress, to named individuals referred to collectively as the "Little Rock Nine," in recognition of the selfless heroism they exhibited and the pain they suffered in the cause of civil rights by integrating Central High School in Little Rock, Arkansas. (Sec. 102) Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicates of such medals in bronze. Title II: Gerald and Betty Ford Gold Medal - Authorizes the President to present, on behalf of the Congress, a gold medal to Gerald and Betty Ford in recognition of their dedicated public service and outstanding humanitarian contributions to the people of the United States. (Sec. 201) Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicate medals in bronze. Title III: Jackie Robinson Commemorative Coins - Amends the United States Commemorative Coin Act of 1996 to authorize the Secretary of the Treasury, before January 1, 1999, to make bulk sales at a reasonable discount to the Jackie Robinson Foundation of not less than 20 percent of any denomination of coins remaining unissued which were minted to commemorate the 50th anniversary of the breaking of the color barrier in major league baseball by Jackie Robinson. Title IV: $1 Coin Design Evaluation - Instructs the Comptroller General to commission a study comparing the relative acceptance by the public and the fiscal impact on the Treasury of the use of the image of Sacajawea on the obverse of the new $1 coin with that of the relative acceptance by the public and the fiscal impact on the Treasury of the use of the image of the Statue of Liberty. (Sec. 401) Provides a maximum reimbursement amount for study costs, to be funded from the United States Mint Public Enterprise Fund. Title V: Leif Ericsson Millennium Commemorative Coin - Leif Ericsson Millennium Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins, in conjunction with the simultaneous minting and issuance of commemorative coins by the Republic of Iceland, in commemoration of the millennium of the discovery of the New World by Leif Ericsson. (Sec. 506) Mandates that all coin surcharges be paid to the Leifur Eiriksson Foundation for the purpose of funding student exchanges between the United States and Iceland.

Little Rock Nine Medals and Coins Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Territorial Consultation and Notification Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) Article IV, Section 3, Clause 2 of the Constitution, also known as the territorial clause, grants Congress plenary authority to provide for the governance of the United States territories, including the determination of status. (2) The President and all executive branch officials should closely consult with Congress on territorial matters. (3) Congress has the responsibility to promote the progress of the people of the territories toward self-government consistent with the principle of self-determination as defined in the United Nations Charter, and this requires that the Congress have regular and reliable information with respect to the views of the voters in the territories on political status issues. (4) The majority view of the voters in the territories can be acquired by Congress most effectively and directly through periodic plebiscites which are recognized by the people as the opportunity to freely express their wishes. (5) Under Federal statutes approved by Congress, limited self-government has been authorized for each of the United States territories, and all persons born in the territories are native born citizens of the United States pursuant to the law. (6) The decade of the 1990s has been declared by the United Nations as the ``Decade to Eradicate Colonialism''. (7) In the November 4, 1993, plebiscite, a majority of Puerto Rican voters for the first time voted against their current status as a United States territory and supported significant changes in the political and legal relationship between the United States and Puerto Rico. SEC. 3. REFERENDUMS ON TERRITORIAL STATUS. (a) In General.--All territories of the United States shall conduct referendums on the sentiments of their citizens regarding territorial status at least every five years. (b) Report of Results to Congress.--Within 30 days after the date results of an election held under subsection (a) are certified, the Governor of the territory concerned shall submit a report of such results to the President and to the Speaker of the House of Representatives and the President of the Senate, who shall refer the report to the appropriate committees. (c) Report by Appropriate Committees of Congress.--Within 180 calendar days after the report described in subsection (b) is referred, each committee to whom the report is referred may submit a report to the Speaker of the House of Representatives or the President of the Senate, as the case may be, in which the results of the election are evaluated and recommendations (if any) are made for changes to the laws or policies of United States are made. (d) Implementation of Change in Status.--Within one year after a vote under subsection (a) in which a change regarding the territorial status has been approved, the President shall develop and report to the committees of Congress specified in subsection (a) the plans of the President for implementing the change in status. SEC. 4. REPORT ON IMPACT OF POLICY AND REGULATORY MATTERS ON THE STATUS OF UNITED STATES TERRITORIES. The President shall submit annually to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on all policy and regulatory matters impacting the status of United States territories. SEC. 5. NOTICE OF REGULATORY CHANGE AFFECTING THE STATUS OF UNITED STATES TERRITORIES. No regulation that affects the status of United States territories may take effect until after 90 days after such regulation has been submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. SEC. 6. REPORT BY THE UNITED STATES REPRESENTATIVE TO THE UNITED NATIONS ON MATTERS PERTAINING TO UNITED STATES TERRITORIES. Within 180 days after the date of enactment of this Act, the United States Representative to the United Nations shall submit a report to the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs. The report shall include the following: (1) A description of any issues formally considered by the United Nations during the past two years relating to the status of United States territories. (2) A description of any such issues that are expected to receive formal consideration in the United Nations in the next year. SEC. 7. DEFINITION OF UNITED STATES TERRITORIES. For the purposes of this Act, the term ``United States territories'' means the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the Virgin Islands.

Territorial Consultation and Notification Act of 1994 - Requires all U.S. territories to conduct referendums on the sentiments of their citizens regarding territorial status at least every five years. Provides for reports on the results of such referendums and requires the President, after a vote in which a change regarding territorial status has been approved, to report to specified congressional committees on plans for implementing such change. Directs the President to report annually to specified congressional committees on all policy and regulatory matters affecting the status of U.S. territories. Bars a regulation that affects such status from taking effect until 90 days after the regulation has been submitted to such committees. Requires the U.S. Representative to the Untied Nations to report to specified congressional committees on issues formally considered by the United Nations during the past two years relating to the status of U.S. territories and on any such issues that are expected to receive formal consideration in the next year.

Territorial Consultation and Notification Act of 1994

SECTION 1. CENTERS FOR RESEARCH, EDUCATION, AND CLINICAL ACTIVITIES ON BLAST INJURIES OF VETERANS. (a) In General.--(1) Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7327. Centers for research, education, and clinical activities on blast injuries ``(a) Purpose.--The purpose of this section is to provide for the improvement of the provision of health care services and related rehabilitation and education services to eligible veterans suffering from multiple traumas associated with a blast injury through-- ``(1) the conduct of research to support the provision of such services in accordance with the most current evidence on blast injuries; ``(2) the education and training of health care personnel of the Department; and ``(3) the development of improved models and systems for the furnishing of services by the Department for blast injuries. ``(b) Establishment.--(1) The Secretary shall establish and operate at least one, but not more than three, centers for research, education, and clinical activities on blast injuries. ``(2) Each center shall function as a center for-- ``(A) research on blast injury to support the provision of services in accordance with the most current evidence on blast injuries, with such research to specifically address injury epidemiology and cost, functional outcomes, blast injury taxonomy and measurement system, and longitudinal outcomes; ``(B) the development of a rehabilitation program for blast injuries, including referral protocol, post-acute assessment, and coordination of comprehensive treatment services; ``(C) the development of protocols to optimize linkages between the Department and the Department of Defense on matters relating to research, education, and clinical activities on blast injuries; ``(D) the creation of innovative models for education and outreach on health-care and related rehabilitation and education services on blast injuries, with such education and outreach to target those who have sustained a blast injury and health care providers and researchers in the Veterans Health Administration, the Department of Defense, and the Department of Homeland Security; ``(E) the development of educational tools and products on blast injuries, and the maintenance of such tools and products in a resource clearinghouse that can serve as resources for the Veterans Health Administration, the Department of Defense, the Department of Homeland Security, and other departments and agencies of the Federal Government; ``(F) the development of interdisciplinary training programs on the provision of health care and rehabilitation care services for blast injuries that provide an integrated understanding of the continuum of care for such injuries to the broad range of providers of such services, including first responders, acute-care providers, and rehabilitation service providers; and ``(G) the implementation of strategies for improving the medical diagnostic coding of blast injuries in the Department to reliably identify veterans with blast injuries and track outcomes over time. ``(3) The Secretary shall designate a designate a center or centers under this section upon the recommendation of the Under Secretary for Health. ``(4) The Secretary may designate a center under this section only if-- ``(A) the proposal submitted for the designation of the center meets the requirements of subsection (c); ``(B) the Secretary makes the finding described in subsection (d); and ``(C) the peer review panel established under subsection (e) makes the determination specified in subsection (e)(3) with respect to that proposal. ``(5) The authority of the Secretary to establish and operate centers under this section is subject to the appropriation of funds for that purpose. ``(c) Proposal Requirements.--A proposal submitted for the designation of a center under this section shall-- ``(1) provide for close collaboration in the establishment and operation of the center, and for the provision of care and the conduct of research and education at the center, by a Department facility or facilities (in this subsection referred to as the `collaborating facilities') in the same geographic area that have a mission centered on the care of individuals with blast injuries and a Department facility in that area which has a mission of providing tertiary medical care; ``(2) provide that not less than 50 percent of the funds appropriated for the center for support of clinical care, research, and education will be provided to the collaborating facilities with respect to the center; and ``(3) provide for a governance arrangement among the facilities described in paragraph (1) with respect to the center that ensures that the center will be established and operated in a manner aimed at improving the quality of care for blast injuries at the collaborating facilities with respect to the center. ``(d) Findings Relating to Proposals.--The finding referred to in subsection (b)(4)(B) with respect to a proposal for the designation of a site as a location of a center under this section is a finding by the Secretary, upon the recommendation of the Under Secretary for Health, that the facilities submitting the proposal have developed (or may reasonably be anticipated to develop) each of the following: ``(1) An arrangement with an affiliated accredited medical school or university that provides education and training in disaster preparedness, homeland security, and biodefense. ``(2) Comprehensive and effective treatment services for head injury, spinal cord injury, audiology, amputation, gait and balance, and mental health. ``(3) The ability to attract scientists who have demonstrated achievement in research-- ``(A) into the evaluation of innovative approaches to the rehabilitation of blast injuries; or ``(B) into the treatment of blast injuries. ``(4) The capability to evaluate effectively the activities of the center, including activities relating to the evaluation of specific efforts to improve the quality and effectiveness of services on blast injuries that are provided by the Department at or through individual facilities. ``(e) Departmental Support on Evaluation of Center Proposals.--(1) In order to provide advice to assist the Secretary and the Under Secretary for Health to carry out their responsibilities under this section, the official within the central office of the Veterans Health Administration responsible for blast injury matters shall establish a peer review panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the designation of centers under this section. ``(2) The panel shall consist of experts in the fields of research, education and training, and clinical care on blast injuries. Members of the panel shall serve as consultants to the Department. ``(3) The panel shall review each proposal submitted to the panel by the official referred to in paragraph (1) and shall submit to that official its views on the relative scientific and clinical merit of each such proposal. The panel shall specifically determine with respect to each such proposal whether or not that proposal is among those proposals which have met the highest competitive standards of scientific and clinical merit. ``(4) The panel shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(f) Award of Funding.--Clinical and scientific investigation activities at each center established under this section-- ``(1) may compete for the award of funding from amounts appropriated for the Department for medical and prosthetics research; and ``(2) shall receive priority in the award of funding from such amounts insofar as funds are awarded from such amounts to projects and activities relating to blast injuries. ``(g) Dissemination of Information.--(1) The Under Secretary for Health shall ensure that information produced by the centers established under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Administration. ``(2) Information shall be disseminated under this subsection through publications, through programs of continuing medical and related education provided through regional medical education centers under subchapter VI of chapter 74 of this title, and through other means. Such programs of continuing medical education shall receive priority in the award of funding. ``(h) Supervision.--The official within the central office of the Veterans Health Administration responsible for blast injury matters shall be responsible for supervising the operation of the centers established under this section and shall provide for ongoing evaluation of the centers and their compliance with the requirements of this section. ``(i) Authorization of Appropriations.--(1) There are authorized to be appropriated to the Department of Veterans Affairs for the centers established under this section amounts as follows: ``(A) $3,125,000 for fiscal year 2005. ``(B) $6,250,000 for each of fiscal years 2006 through 2008. ``(2) In addition to amounts authorized to be appropriated by paragraph (1) for a fiscal year, the Under Secretary for Health shall allocate to each center established under this section, from other funds authorized to be appropriated for such fiscal year for the Department generally for medical and for medical and prosthetics research, such additional amounts as the Under Secretary for Health determines appropriate to carry out the purpose of this section.''. (2) The table of sections at the beginning of chapter 73 is amended by inserting after the item relating to section 7326, the following new item: ``7327. Centers for research, education, and clinical activities on blast injuries''. (b) Designation of Centers.--The Secretary of Veterans Affairs shall designate at least one center for research, education, and clinical activities on blast injuries as required by section 7327 of title 38, United States Code (as added by subsection (a)), not later than January 1, 2005. (c) Annual Reports.--(1) Not later than February 1 of each of 2006, 2007, and 2008, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the status and activities during the previous fiscal year of the center for research, education, and clinical activities on blast injuries established under section 7327 of title 38, United States Code (as so added). Each such report shall include the following: (A) A description of the activities carried out at each center, and the funding provided for such activities. (B) A description of the advances made at each of the participating facilities of the each center in research, education and training, and clinical activities on blast injuries . (C) A description of the actions taken by the Under Secretary for Health pursuant to subsection (g) of that section (as so added) to disseminate information derived from such activities throughout the Veterans Health Administration. (D) The assessment of the Secretary of the effectiveness of the centers in fulfilling the purposes of the centers.

Directs the Secretary of Veterans Affairs (Secretary) to establish and operate at least one, but not more than three, centers for research, education, and clinical activities on blast injuries. Requires the Secretary to designate a center or centers upon the recommendation of the Under Secretary for Health subject to specified requirements and findings. Requires the official within the central office of the Veterans Health Administration (VHA) responsible for blast injury matters to establish a peer review panel to assess the scientific and clinical merits of proposals for the designation of centers. Authorizes clinical and scientific investigation activities at each center to compete on a priority basis for the award of funds from amounts appropriated to the Department of Veterans Affairs for medical and prosthetics research. Requires the Under Secretary for Health to ensure that useful information produced by the centers is disseminated throughout the VHA. Gives responsibility for supervising operation of the centers to the official within the central office of the VHA responsible for blast injury matters. Requires the Secretary to designate at least one center no later than January 1, 2005. Directs the Secretary to submit reports on center activities to the House and Senate Veterans' Affairs Committees.

A bill to amend title 38, United States Code, to improve the provision of health care, rehabilitation, and related services to veterans suffering from trauma relating to a blast injury, and for other purposes.

SECTION 1. DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS JOINT EXECUTIVE COMMITTEE. (a) Establishment of Joint Committee.--(1) Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 320. Department of Veterans Affairs-Department of Defense Joint Executive Committee ``(a) Joint Executive Committee.--(1) There is established an interagency committee to be known as the Department of Veterans Affairs-Department of Defense Joint Executive Committee (hereinafter in this section referred to as the `Committee'). ``(2) The Committee is composed of-- ``(A) the Deputy Secretary of Veterans Affairs and such other officers and employees of the Department of Veterans Affairs as the Secretary of Veterans Affairs may designate; and ``(B) the Under Secretary of Defense for Personnel and Readiness and such other officers and employees of the Department of Defense as the Secretary of Defense may designate. ``(b) Administrative Matters.--(1) The Deputy Secretary of Veterans Affairs and the Under Secretary of Defense shall determine the size and structure of the Committee, as well as the administrative and procedural guidelines for the operation of the Committee. ``(2) The two Departments shall supply appropriate staff and resources to provide administrative support and services. Support for such purposes shall be provided at a level sufficient for the efficient operation of the Committee, including a subordinate Health Executive Committee, a subordinate Benefits Executive Committee, and such other committees or working groups as considered necessary by the Deputy Secretary and Under Secretary. ``(c) Recommendations.--(1) The Committee shall recommend to the Secretaries strategic direction for the joint coordination and sharing efforts between and within the two Departments under section 8111 of this title and shall oversee implementation of those efforts. ``(2) The Committee shall submit to the two Secretaries and to Congress an annual report containing such recommendations as the Committee considers appropriate. ``(d) Functions.--In order to enable the Committee to make recommendations in its annual report under subsection (c)(2), the Committee shall do the following: ``(1) Review existing policies, procedures, and practices relating to the coordination and sharing of resources between the two Departments. ``(2) Identify changes in policies, procedures, and practices that, in the judgment of the Committee, would promote mutually beneficial coordination, use, or exchange of use of services and resources of the two Departments, with the goal of improving the quality, efficiency and effectiveness of the delivery of benefits and services to veterans, service members, military retirees and their families through an enhanced Department of Veterans Affairs and Department of Defense partnership. ``(3) Identify and assess further opportunities for the coordination and collaboration between the Departments that, in the judgment of the Committee, would not adversely affect the range of services, the quality of care, or the established priorities for benefits provided by either Department. ``(4) Review the plans of both Departments for the acquisition of additional resources, especially new facilities and major equipment and technology, in order to assess the potential effect of such plans on further opportunities for the coordination and sharing of resources. ``(5) Review the implementation of activities designed to promote the coordination and sharing of resources between the Departments.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``320. Department of Veterans Affairs-Department of Defense Joint Executive Committee.''. (b) Conforming Amendments.--(1) Subsection (c) of section 8111 of such title is repealed. (2) Such section is further amended-- (A) in subsection (b)(2), by striking ``subsection (c)'' and inserting ``section 320 of this title''; (B) in subsection (d)(1), by striking ``Committee established in subsection (c)'' and inserting ``Department of Veterans Affairs-Department of Defense Joint Executive Committee''; (C) in subsection (e)(1), by striking ``Committee under subsection (c)(2)'' and inserting ``Department of Veterans Affairs-Department of Defense Joint Executive Committee with respect to health care resources''; and (D) in subsection (f)(2), by striking subparagraphs (B) and (C) and inserting the following: ``(B) The assessment of further opportunities identified by the Department of Veterans Affairs-Department of Defense Joint Executive Committee under subsection (d)(3) of section 320 of this title for the sharing of health-care resources between the two Departments. ``(C) Any recommendation made by that committee under subsection (c)(2) of that section during that fiscal year.''. (c) Technical Amendments.--Subsection (f) of such section is further amended by inserting ``(Public Law 107-314)'' in paragraphs (3), (4)(A), (4)(B), and (5) after ``for Fiscal Year 2003''. (d) Effective Date.--(1) If this Act is enacted before October 1, 2003-- (A) section 320 of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2003; and (B) the amendments made by subsections (b) and (c) shall take effect on October 1, 2003, immediately after the amendment made by section 721(a)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 2589). (2) If this Act is enacted on or after October 1, 2003, the amendments made by this section shall take effect on the date of the enactment of this Act. Passed the House of Representatives May 21, 2003. Attest: JEFF TRANDAHL, Clerk.

Establishes an interagency committee to be known as the Department of Veterans Affairs-Department of Defense Joint Executive Committee to: (1) recommend to the Secretary of each department strategic direction for joint health-care resources coordination and sharing efforts between and within such departments; and (2) oversee implementation of those efforts.

To amend title 38, United States Code, to enhance cooperation and the sharing of resources between the Department of Veterans Affairs and the Department of Defense.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trademark Technical and Conforming Amendment Act of 2010.''. SEC. 2. DEFINITION. For purposes of this Act, the term ``Trademark Act of 1946'' means the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly referred to as the ``Lanham Act''; 15 U.S.C. 1051 et. seq). SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Certificates of Registration.--Section 7 of the Trademark Act of 1946 (15 U.S.C. 1057) is amended-- (1) by inserting ``United States'' before ``Patent and Trademark Office'' each place that term appears; (2) in subsection (b), by striking ``registrant's'' each place that appears and inserting ``owner's''; (3) in subsection (e)-- (A) by striking ``registrant'' each place that term appears and inserting ``owner''; and (B) in the third sentence, by striking ``or, if said certificate is lost or destroyed, upon a certified copy thereof''; and (4) by amending subsection (g) to read as follows: ``(g) Correction of Patent and Trademark Office Mistake.--Whenever a material mistake in a registration, incurred through the fault of the United States Patent and Trademark Office, is clearly disclosed by the records of the Office a certificate stating the fact and nature of such mistake shall be issued without charge and recorded and a printed copy thereof shall be attached to each printed copy of the registration and such corrected registration shall thereafter have the same effect as if the same had been originally issued in such corrected form, or in the discretion of the Director a new certificate of registration may be issued without charge. All certificates of correction heretofore issued in accordance with the rules of the United States Patent and Trademark Office and the registrations to which they are attached shall have the same force and effect as if such certificates and their issue had been specifically authorized by statute.''. (b) Incontestability of Right To Use Mark Under Certain Conditions.--Section 15 of the Trademark Act of 1946 (15 U.S.C. 1065) is amended-- (1) by striking ``right of the registrant'' and inserting ``right of the owner''; (2) by amending paragraph (1) to read as follows: ``(1) there has been no final decision adverse to the owner's claim of ownership of such mark for such goods or services, or to the owner's right to register the same or to keep the same on the register; and''; and (3) in paragraph (2), by inserting ``United States'' before ``Patent and Trademark Office''. (c) Appeal to Courts.--Section 21 of the Trademark Act of 1946 (15 U.S.C. 1071) is amended-- (1) by inserting ``United States'' before ``Patent and Trademark Office'' each place that term appears; (2) in subsection (a)(1), by inserting ``or section 71'' after ``section 8''; and (3) in subsection (b)(4), by striking ``If there be'' and inserting ``If there are''. (d) Conforming Requirements for Affidavits.-- (1) Duration, affidavits and fees.--Section 8 of the Trademark Act of 1946 (15 U.S.C. 1058) is amended to read as follows: ``SEC. 8. DURATION, AFFIDAVITS AND FEES. ``(a) Time Periods for Required Affidavits.--Each registration shall remain in force for 10 years, except that the registration of any mark shall be canceled by the Director unless the owner of the registration files in the United States Patent and Trademark Office affidavits that meet the requirements of subsection (b), within the following time periods: ``(1) Within the 1-year period immediately preceding the expiration of 6 years following the date of registration under this Act or the date of the publication under section 12(c). ``(2) Within the 1-year period immediately preceding the expiration of 10 years following the date of registration, and each successive 10-year period following the date of registration. ``(3) The owner may file the affidavit required under this section within the 6-month grace period immediately following the expiration of the periods established in paragraphs (1) and (2), together with the fee described in subsection (b) and the additional grace period surcharge prescribed by the Director. ``(b) Requirements for Affidavit.--The affidavit referred to in subsection (a) shall-- ``(1)(A) state that the mark is in use in commerce; ``(B) set forth the goods and services recited in the registration on or in connection with which the mark is in use in commerce; ``(C) be accompanied by such number of specimens or facsimiles showing current use of the mark in commerce as may be required by the Director; and ``(D) be accompanied by the fee prescribed by the Director; or ``(2)(A) set forth the goods and services recited in the registration on or in connection with which the mark is not in use in commerce; ``(B) include a showing that any nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark; and ``(C) be accompanied by the fee prescribed by the Director. ``(c) Deficient Affidavit.--If any submission filed within the period set forth in subsection (a) is deficient, including that the affidavit was not filed in the name of the owner of the registration, the deficiency may be corrected after the statutory time period, within the time prescribed after notification of the deficiency. Such submission shall be accompanied by the additional deficiency surcharge prescribed by the Director. ``(d) Notice of Requirement.--Special notice of the requirement for such affidavit shall be attached to each certificate of registration and notice of publication under section 12(c). ``(e) Notification of Acceptance or Refusal.--The Director shall notify any owner who files any affidavit required by this section of the Director's acceptance or refusal thereof and, in the case of a refusal, the reasons therefor. ``(f) Designation of Resident for Service of Process and Notices.-- If the owner is not domiciled in the United States, the owner may designate, by a document filed in the United States Patent and Trademark Office, the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the last designated address, or if the owner does not designate by a document filed in the United States Patent and Trademark Office the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark, such notices or process may be served on the Director.''. (2) Affidavits and fees.--Section 71 of the Trademark Act of 1946 (15 U.S.C. 1141k) is amended to read as follows: ``SEC. 71. DURATION, AFFIDAVITS AND FEES. ``(a) Time Periods for Required Affidavits.--Each extension of protection for which a certificate has been issued under section 69 shall remain in force for the term of the international registration upon which it is based, except that the extension of protection of any mark shall be canceled by the Director unless the holder of the international registration files in the United States Patent and Trademark Office affidavits that meet the requirements of subsection (b), within the following time periods: ``(1) Within the 1-year period immediately preceding the expiration of 6 years following the date of issuance of the certificate of extension of protection. ``(2) Within the 1-year period immediately preceding the expiration of 10 years following the date of issuance of the certificate of extension of protection, and each successive 10-year period following the date of issuance of the certificate of extension of protection. ``(3) The holder may file the affidavit required under this section within a grace period of 6 months after the end of the applicable time period established in paragraph (1) or (2), together with the fee described in subsection (b) and the additional grace period surcharge prescribed by the Director. ``(b) Requirements for Affidavit.--The affidavit referred to in subsection (a) shall-- ``(1)(A) state that the mark is in use in commerce; ``(B) set forth the goods and services recited in the extension of protection on or in connection with which the mark is in use in commerce; ``(C) be accompanied by such number of specimens or facsimiles showing current use of the mark in commerce as may be required by the Director; and ``(D) be accompanied by the fee prescribed by the Director; or ``(2)(A) set forth the goods and services recited in the extension of protection on or in connection with which the mark is not in use in commerce; ``(B) include a showing that any nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark; and ``(C) be accompanied by the fee prescribed by the Director. ``(c) Deficient Affidavit.--If any submission filed within the period set forth in subsection (a) is deficient, including that the affidavit was not filed in the name of the holder of the international registration, the deficiency may be corrected after the statutory time period, within the time prescribed after notification of the deficiency. Such submission shall be accompanied by the additional deficiency surcharge prescribed by the Director. ``(d) Notice of Requirement.--Special notice of the requirement for such affidavit shall be attached to each certificate of extension of protection. ``(e) Notification of Acceptance or Refusal.--The Director shall notify the holder of the international registration who files any affidavit required by this section of the Director's acceptance or refusal thereof and, in the case of a refusal, the reasons therefor. ``(f) Designation of Resident for Service of Process and Notices.-- If the holder of the international registration of the mark is not domiciled in the United States, the holder may designate, by a document filed in the United States Patent and Trademark Office, the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the last designated address, or if the holder does not designate by a document filed in the United States Patent and Trademark Office the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark, such notices or process may be served on the Director.''. SEC. 4. STUDY AND REPORT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Intellectual Property Enforcement Coordinator, shall study and report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on-- (1) the extent to which small businesses may be harmed by litigation tactics by corporations attempting to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner; and (2) the best use of Federal Government services to protect trademarks and prevent counterfeiting. (b) Recommendations.--The study and report required under paragraph (1) shall also include any policy recommendations the Secretary of Commerce and the Intellectual Property Enforcement Coordinator deem appropriate. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Trademark Technical and Conforming Amendment Act of 2010 - Amends the Act commonly known as the Lanham Act to replace references to "registrant" with references to "owner" in provisions: (1) making a certificate of registration prima facie evidence of the validity, registration, ownership, and exclusive rights to use a mark; and (2) relating to a registrant's surrender, cancellation, or amendment of registration. Requires, in the event of a surrender, cancellation, or amendment, that an appropriate entry be made on the records of the United States Patent and Trademark Office (USPTO) and on the certificate of registration. (Current law allows, when the certificate is lost or destroyed, such an entry to be made on a certified copy of the certificate.) Requires, when the USPTO makes a material mistake in a registration, that a certificate stating the fact and nature of the mistake be attached to each printed copy of the registration. (Current law requires that the certificate stating the mistake be attached to each printed copy of the registration certificate.) Replaces references to "registrant" with references to "owner" in provisions relating to the incontestability of the right to use a mark under certain conditions. Allows the holder of an international registration to appeal to the U.S. Court of Appeals for the Federal Circuit if the holder is dissatisfied with the decision of the Director or Trademark Trial and Appeal Board. Modifies requirements regarding the duration of registrations and related affidavits and fees. Requires a study and report to Congress on: (1) the extent to which small businesses may be harmed by litigation tactics by corporations attempting to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner; and (2) the best use of federal government services to protect trademarks and prevent counterfeiting.

A bill to make certain technical and conforming amendments to the Lanham Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission for Science and Mathematics Leadership Act''. SEC. 2. DEFINITIONS. As used in this Act, the term-- (1) ``TIMSS'' means the Third International Mathematics and Science Study; and (2) ``Commission'' means the National Commission on Science and Mathematics Leadership established by section 4. SEC. 3. FINDINGS. The Congress finds that-- (1) students in the United States should be preeminent among the nations of the world in science and mathematics achievement by the year 2000; (2) TIMSS, the largest international study ever undertaken of how students perform in science and mathematics, demonstrated that mathematics skills of American students (including the top 10 percent of students in the United States) lags behind the work of students in many other nations; (3) research shows that the problems of students in the United States in science and mathematics stem from the lack of a unified effort to define and implement a process that will assure national leadership; (4) research shows that the poor performance of students in the United States in science and mathematics also stem from the lack of assessment instruments for curriculum and the lack of a sufficient commitment by colleges and universities in the United States to provide high quality teacher preparation and professional development programs; (5) there are core problems with the courses of study and the teaching styles upon which many schools in the United States rely for instruction in science and mathematics; (6) the National Science Foundation has concluded that schools in the United States teach mathematics concepts in ways that are superficial and, ultimately, ineffective; (7) a coherent framework for mathematics and science must be developed to give balanced attention to basic skills, conceptual understanding, problem solving, reasoning, communication skills, and appropriate use of technology; (8) because of the failure of existing teaching methods in science and mathematics in the United States, a systematic retraining of teachers and an increased emphasis on their professional development is required; and (9) teachers of math and science should be well-trained professionals who combine sound knowledge of subject matter with the necessary skills and a solid understanding of student learning and assessment. SEC. 4. COMMISSION. (a) Establishment.--There is established a commission to be known as the ``National Commission for Science and Mathematics Leadership''. (b) Membership.--The Commission shall be composed of 12 members, of whom-- (1) 4 shall be appointed by the President; (2) 4 shall be appointed jointly by the Speaker and the Minority Leader of the United States House of Representatives, after consultation with the Committee on Science of the House; and (3) 4 shall be appointed jointly by the Majority Leader and the Minority Leader of the United States Senate, after consultation with the Committee on Commerce, Science, and Transportation and the Committee on Labor of the Senate. (c) Chairman.--The Commission shall elect one of its members to serve as chairman. (d) Quorum.--A quorum for the purpose of conducting meetings of the Commission is 7. (e) Compensation; Per Diem.--Members of the Commission shall serve without pay. While away from their homes or regular places of business in the performance of their duties as members of the Commission, members shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in government service under section 5703 of title 5, United States Code. (f) Meetings.--The Commission shall meet at such times and such places, and hold such hearings, as it considers appropriate. (g) National Science Foundation.--The National Science Foundation shall-- (1) pay the expenses of the Commission, but not in excess of $500,000; and (2) provide administrative support for the Commission. (h) Termination.--The Commission shall terminate after submitting its report to the Congress under section 6. SEC. 5. PURPOSE AND FUNCTIONS OF THE COMMISSION. (a) Purpose.--The purpose of the Commission is to review and propose recommendations for assuring leadership in science and mathematics training in the United States by the year 2000 in cooperation with the National Academy of the Sciences by-- (1) reviewing existing research based on mathematics and science education leadership, including the TIMSS findings; and (2) converting the research findings into specific recommendations for implementation by public and private agencies. (b) Functions.--The Commission shall-- (1) review the status of science and mathematics training in the United States as compared to the status of science and mathematics education relative to international competitors; (2) review the TIMSS findings and other major research projects and formulate an implementation proposal, including specific recommendations which are reviewed by appropriate public and private agencies, to use the information in those findings and projects to build leadership in science and mathematics in the United States; (3) propose professional development priorities based upon available research to strengthen the teaching of science and mathematics at all educational levels; and (4) coordinate its activities with the National Academy of Sciences. SEC. 6. REPORT. The Commission shall issue a report to the United States Senate Committee on Commerce, Science, and Transportation and the Committee on Labor, and the United States House of Representatives Committee on Science no later than 180 days after the date of enactment of this Act.

National Commission for Science and Mathematics Leadership Act - Establishes the National Commission for Science and Mathematics Leadership. Directs the National Science Foundation to: (1) pay Commission expenses up to a specified amount; and (2) provide administrative support for the Commission. Requires the Commission, in coordination with the National Academy of Sciences, to: (1) review the status of science and mathematics training in the United States relative to international competitors; (2) formulate an implementation proposal to assure world class achievement in mathematics eduation in the United States; (3) propose professional development priorities to strengthen science and mathematics teaching at all levels; and (4) report findings and recommendations to specified congressional committees.

National Commission for Science and Mathematics Leadership Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Passport Identity Verification Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) A United States passport is an official government document issued by the Department of State, which can be obtained by United States nationals. (2) A valid United States passport has many uses, including-- (A) certifying an individual's identity and verifying that a person is a United States national; (B) allowing the passport holder to travel to foreign countries with an internationally recognized travel document; (C) facilitating international travel; (D) obtaining further identification documents; and (E) setting up bank accounts. (3) A United States national may obtain a United States passport for the first time by applying in person to a passport acceptance facility with 2 passport photographs, proof of United States nationality, and a valid form of photo identification, such as a driver's license. Passport acceptance facilities are located throughout the United States. (4) Because United States passports issued under a false identity enable individuals to conceal their movements and activities, passport fraud could facilitate-- (A) acts of terrorism; (B) espionage; and (C) other crimes, such as illegal immigration, money laundering, drug trafficking, tax evasion, and alien smuggling. (5) Since malicious individuals may seek to exploit potential vulnerabilities in the passport issuance process, it is important that personnel who are involved in the granting, refusal, revocation, or adjudication of United States passport applications have access to certain information contained in Federal, State, and other databases for the purpose of-- (A) verifying the identity of a passport applicant; or (B) detecting passport fraud. (6) In its final report, the National Commission on Terrorist Attacks Upon the United States (commonly known as the ``9/11 Commission'') concluded that funding and completing a ``biometric entry-exit screening system'' for travelers to and from the United States is essential to our national security. (7) The use of biometrics and technology for foreign nationals who are visiting the country helps to make travel simple, easy, and convenient for legitimate visitors and dramatically improves the ability to detect the activities of those who wish to do harm or violate United States laws. SEC. 3. ACCESS TO FEDERAL, STATE, AND OTHER DATABASES. (a) Powers and Duties of the Secretary of State.--Section 104 of the Immigration and Nationality Act (8 U.S.C. 1104) is amended by adding at the end the following: ``(f) Law Enforcement Activities.--Notwithstanding any other provision of law, the powers, duties, and functions conferred upon Department of State personnel relating to the granting, refusal, revocation, or adjudication of passports shall be considered law enforcement activities that involve the administration of criminal justice (as defined in section 20.3 of title 28, Code of Federal Regulations) when such personnel seek to-- ``(1) verify the identity of a passport applicant; or ``(2) detect passport fraud.''. (b) Data Exchange.--Section 105 of such Act (8 U.S.C. 1105) is amended-- (1) in subsection (b), by adding at the end the following: ``(5) The Attorney General and the Director of the Federal Bureau of Investigation, after consultation with the Secretary of State, shall promptly implement a system, consistent with applicable security and training protocols and requirements, that will enable Department of State personnel designated by the Secretary of State, or by the designee of the Secretary, who are responsible for the granting, refusal, revocation, or adjudication of United States passports, to have real-time access to the criminal history information contained in the National Crime Information Center's Interstate Identification Index (NCIC-III), including the corresponding automated criminal history records, Wanted Person Files, and other files maintained by the National Crime Information Center, for the purpose of verifying the identity of the United States passport applicant, or detecting passport fraud. ``(6) The Secretary of State, or the designee of the Secretary, shall designate Department of State personnel who, in accordance with this Act shall be authorized to have real-time access to the information contained in the files described in paragraph (5), without any fee or charge, to enable named-based and other searches to be conducted for the purpose of verifying the identity of a passport applicant or detecting passport fraud.''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting after subsection (b) the following: ``(c) Data Sharing.--Notwithstanding any other provision of law, the powers, duties, and functions conferred upon Department of State personnel relating to the granting, refusal, revocation, or adjudication of passports shall be considered law enforcement activities that involve the administration of criminal justice (as defined in section 20.3 of title 28, Code of Federal Regulations) when such personnel seek to verify the identity of a passport applicant, or seek to detect passport fraud by accessing or using information contained in databases maintained by any Federal, State, tribal, territory, or local government department or agency, or private entity or organization, that contains-- ``(1) criminal history information or records; ``(2) driver's license information or records; ``(3) marriage, birth, or death information or records; ``(4) naturalization and immigration records; or ``(5) other information or records that can verify the identity of the passport applicant or can detect passport fraud.''; and (4) by adding at the end the following: ``(f) Data Sharing Regulations, Procedures, and Policies.--Not later than 120 days after the date of the enactment of this subsection, the Secretary of State shall promulgate final regulations, procedures, and policies to govern the access by Department of State personnel to the information contained in databases described in subsection (c). Such regulations, procedures, and policies shall-- ``(1) specify which Department of State personnel have a need to know and will be given access to the databases or the information contained in the databases described in subsection (c); ``(2) require Department of State personnel who will be given access to the databases or the information contained in the databases described in subsection (c) to successfully complete all ongoing training and certification requirements for such access; ``(3) require Department of State personnel to access such databases or the information contained in such databases-- ``(A) to verify the identity of each passport applicant; and ``(B) to detect whether the applicant has committed or is committing passport fraud; ``(4) ensure that such databases, or the information contained in such databases, are only accessed for the purpose of verifying the identity of each passport applicant or detecting passport fraud, and prohibit access for any other purpose; ``(5) ensure that the Department of State personnel accessing such databases or the information contained in such databases-- ``(A) do not violate the security, confidentiality, and privacy of such databases or the information contained in such databases; and ``(B) successfully complete all ongoing training and certification requirements for such access; ``(6) establish audit procedures and policies to verify that such databases or the information contained in such databases are only being accessed for the purposes set forth in the Passport Identity Verification Act; ``(7) require prompt reporting to appropriate Department of State officials after each instance of-- ``(A) unauthorized access to such databases or the information contained in such databases; or ``(B) access to such databases or the information contained in such databases for unauthorized purposes; and ``(8) require the appropriate Department of State personnel to conduct a regular review of-- ``(A) the audit and reporting procedures and policies to determine whether such procedures and policies are working properly; and ``(B) the ongoing training and certification requirements to determine whether there has been compliance with such requirements.''. SEC. 4. CONSULTATION AND REPORT. (a) Consultation.-- (1) In general.--The Secretary of State, in consultation with the Secretary of Homeland Security, the Attorney General, and the United States Postmaster General, shall conduct an analysis to determine-- (A) if persons applying for or renewing a United States passport should provide biometric information, including photographs that meet standards that enhance the ability of facial recognition technology to verify the identity of the passport applicant and user, and to detect passport fraud; and (B) if technology should be employed to verify the authenticity of drivers' license and other identity documents that are presented to passport acceptance facilities. (2) Factors.--In conducting the analysis under paragraph (1), the Secretary shall consider all relevant factors, including-- (A) how the biometric information and technology would be used and stored; (B) the costs and benefits to be gained; and (C) the effect on the individual's privacy and the economy. (b) Report.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary of State shall submit a report to the congressional committees set forth in paragraph (2) that contains the results of the analysis carried out under subsection (a), including a recommendation with respect to the use of biometric information and technology to verify the identity of a passport applicant and user, and to detect passport fraud. (2) Congressional committees.--The congressional committees set forth in this paragraph are-- (A) the Committee on the Judiciary of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on the Judiciary of the House of Representatives; (E) the Committee on Foreign Affairs of the House of Representatives; (F) the Committee on Homeland Security of the House of Representatives; and (G) the Committee on Oversight and Government Reform of the House of Representatives.

Passport Identity Verification Act - Amends the Immigration and Nationality Act to consider as criminal law enforcement activities the powers, duties, and functions conferred upon Department of State personnel relating to the granting, refusal, revocation, or adjudication of passports when such personnel seek to: (1) verify the identity of a passport applicant; (2) detect passport fraud; or (3) verify such identity or fraud by accessing any governmental or private databases containing criminal history, driver's license information, naturalization and immigration records, marriage, birth, or death information, or other appropriate information. Directs: (1) the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to implement a system to enable Department of State personnel responsible for such passport activities to have real-time access to the criminal history information contained in the National Crime Information Center's Interstate Identification Index (NCIC-III) in order to verify passport applicant identity or to detect passport fraud; and (2) the Secretary of State to designate such Department personnel. Directs the Secretary to conduct an analysis and report to Congress to determine: (1) if U.S. passport applicants or renewals should provide biometric identification information; and (2) if technology should be employed to verify identity documents.

A bill to authorize certain Department of State personnel, who are responsible for examining and processing United States passport applications, to be able to access certain Federal, State, and other databases, for the purpose of verifying the identity of a passport applicant, to reduce the incidence of fraud, to require the authentication of identification documents submitted by passport applicants, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geothermal Energy Control Act of 1993''. SEC. 2. FINDINGS. The Congress finds that the exploration for and the commercial development of geothermal energy in the United States, and the marketing of any energy developed from such geothermal energy, is a part of the interstate commerce of the United States. The Congress further finds that geothermal energy is a national resource of the United States and that it is in the national interest for the Congress to control and conserve the development of this national resource. SEC. 3. NATIONAL GEOTHERMAL ENERGY COMMISSION. (a) Establishment.--There is established a commission to be known as the National Geothermal Energy Commission (hereinafter in this Act referred to as the ``Commission'') which shall be composed of 9 Commissioners who shall be appointed by the President, by and with the advice and consent of the Senate, one of whom shall be designated by the President as Chairman and shall be the principal executive officer of the Commission. Each Chairman, when so designated, shall act as such until the expiration of his term of office. (b) Terms.--The Commissioners first appointed under this section shall continue in office for terms of 1, 2, 3, 4, and 5 years, respectively, from the date of their appointment by the President. The term of each such Commissioner first appointed shall be designated by the President at the time of his appointment. The successor of each such Commissioner first appointed and of each such Commissioner appointed thereafter shall be appointed for a term of 5 years from the date of the expiration of the term for which his predecessor was appointed, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the expiration of such term. Not more than 5 of the Commissioners serving at any one time shall have been appointed from the same political party. No individual in the employ of or holding any official relation to any person licensed under this Act, or owning stocks or bonds of such person, or in any manner pecuniarily interested in such persons, shall hold the office of Commissioner. No Commissioner shall engage in any other business, vocation, or employment, except for his duties under this Act. No vacancy in the Commission shall impair the right of the remaining Commissioners to exercise all the powers of the Commission. Five members of the Commission shall constitute a quorum for the transaction of business, and the Commission shall have an official seal of which judicial notice shall be taken. The Commission shall annually elect a Vice Chairman to act in case of the absence or disability of the Chairman or in case of a vacancy in the office of Chairman. (c) Expenses.--Each Commissioner shall receive necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, within the limitation prescribed by law, while away from the principal office of the Commission upon official business. (d) Meetings.--The principal office of the Commission shall be in the District of Columbia, where its general sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the Commission may hold special session in any part of the United States. SEC. 4. DIRECTOR AND STAFF. (a) Director.--The Commission shall have a Director who shall be appointed by the Chairman of the Commission, and who shall be paid at the rate of basic pay in effect for grade GS-18 of the General Schedule. (b) Personnel.--Subject to such rules as may be adopted by the Commission, the Director may appoint and fix the pay of such personnel as he deems desirable. (c) Pay.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5 of the United States Code, governing appointments in the competitive service, and such staff may be paid without regard to the provisions of chapter 51, subchapter III of chapter 53 and chapter 54 of such title relating to classification and pay rates. (d) Consultants.--Subject to such rules as may be adopted by the Commission, the Director may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5 of the United States Code. (e) Detail of Personnel.--Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist it in carrying out its duties under this Act. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Hearing and Testimony.--The Commission may for the purpose of carrying out this Act hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may deem advisable. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Agents.--When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. (c) Information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Mail.--The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States. SEC. 6. PROSPECTS FOR GEOTHERMAL STEAM. (a) Determination.--Within a year after the date of enactment of this Act, the Commission shall determine (for all lands in the United States which are not included in the geothermal leasing authority of section 3 of the Geothermal Steam Act of 1970 (30 U.S.C. 1002) or any geothermal development program conducted under any authority granted to any Secretary of a military department) all areas in which the geology, nearby discoveries, competitive interests, or other indicia would, in the opinion of the Commission, engender a belief in people who are experienced in the subject matter that the prospects for the extraction of geothermal steam and associated geothermal resources are good enough to warrant expenditures of money for that purpose. The Commission shall divide all such areas into parcels of satisfactory size for the purposes of licensing for exploration and development under subsection (b). (b) List of Parcels.--Immediately after the Commission divides areas into parcels under subsection (a), it shall publish the list of such parcels in the Federal Register. At any time after such publication, any person who wants to explore for geothermal steam and associated geothermal resources in any such parcel shall apply to the Commission for a license for such exploration. The Commission shall grant a license for any such parcel to the first person who applies for a license for such parcel who the Commission determines is capable of carrying out a complete exploration in such parcel for geothermal steam and associated geothermal resources. The Commission may refuse to grant a license to such person if-- (1) such person has already been granted what the Commission determines to be an excessive number of licenses under this subsection in the same State as his present license application, and (2) there is another eligible applicant for such license who has not been granted such an excessive number of licenses in such State. A person may only commercially develop geothermal steam and associated geothermal resources on any such parcel if he has been granted a license for such parcel under this subsection, and then only during the period of the license's validity as determined under subsection (c). (c) Term of License.--Any license granted under subsection (b) shall be valid for a period of 99 years. If geothermal steam and associated geothermal resources are found on the parcel for which such license is granted, and if such steam and resources are developed in commercial quantities within such 99-year period, such license may be extended at the option of the licensee for as long as such steam and resources are so developed. However, all extensions under the preceding sentence shall not exceed ninety-nine years. If such steam and resources are being commercially developed at the end of such ninety- nine-year extension, the licensee shall have a preferential right to renew the lease for another ninety-nine-year period under such terms and conditions as the Commission may prescribe. (d) Exclusive Rights.--Any license granted for a parcel under subsection (b) or extended or renewed under subsection (c) shall be the exclusive license for such parcel as long as such license is valid. (e) Termination.--Any license granted under subsection (b), extended or renewed under subsection (c), or transferred under section 8 may, after a hearing on the record, be terminated by the Commission for a violation of the terms of the license which the Commission may prescribe. However, such terms may not be inconsistent with any of the provisions of this Act. Before the termination of a license under this subsection, the Commission shall give the licensee an opportunity to correct such violation within a reasonable period of time. The Commission shall establish regulations for regranting licenses terminated under this subsection. SEC. 7. MARKETING. (a) In General.--Any person who holds a license granted under section 6(b) for a parcel may apply to the Commission for a license to market the geothermal steam and associated geothermal resource found in such parcel, but such steam and resource must be marketed in the same energy form as such steam and resource was extracted from such parcel, or be marketed as water. The Commission shall grant such a license for marketing for a geographic area which the Commission determines is the most reasonable area to market successfully such steam and resource. There shall only be one license for marketing granted under this section for any geographic area. (b) Validity.--Any license for marketing granted under subsection (a) shall be valid for as long as the person holding such license also holds his license for the same parcel granted under section 6(b). SEC. 8. TRANSFER OF LICENSE. Any person granted a license under section 6 may transfer such license to another person for the commercial development of the geothermal steam and associated geothermal resource which the person granted such license discovered under such license. Any person granted a license for the marketing of such steam and resource may transfer such license to another person for such marketing. However, the person proposing a transfer of a license under this section shall inform the Commission concerning the transfer within seven working days before the transfer. The Commission shall approve the transfer if the transferee is eligible under section 9(a). SEC. 9. CITIZENSHIP; SALE OF ENERGY. (a) Citizenship.--Any person granted a license by the Commission under section 6, and any other person to whom such a license is transferred under section 8, shall be a United States citizen or shall be a person owned or controlled by a United States citizen. (b) Sale of Energy.--If any holder of a license under this Act converts any geothermal steam and associated geothermal resource covered by such license to electrical or any other form of energy, he may only sell such electrical or other form of energy (for transmission to consumers) to an existing utility company or other person which is licensed, or in any other way has the authority, to transmit the electricity or any other form of energy. Also, such licenseholder may sell such steam and resource to such an existing utility company or other person for conversion into electricity or any other form of energy. SEC. 10. OTHER PROVISIONS OF LAW. Nothing contained in this Act shall relieve any person from the operation of sections 1 to 13, 14 to 19, 20, 21, 22 to 27, 41 to 46, and 47 to 58 of title 15 of the United States Code and sections 52 and 53 of title 29. In the event a licensee is found by a court of competent jurisdiction, either in an original action in that court or in a proceeding to enforce or review the findings or orders of any Government agency having jurisdiction under the sections cited above, to have violated any of the provisions of such sections in the conduct of the licensed activity, the Commission may suspend, revoke, or take such other action as it may deem necessary with respect to any license issued by the Commission under the provisions of this Act. SEC. 11. DEFINITIONS. For the purposes of this Act, the term ``geothermal steam and associated geothermal resources'' shall have the same meaning as such term has in section 2(c) of the Geothermal Steam Act of 1970 (30 U.S.C. 1001(c)).

Geothermal Energy Control Act of 1993 - Establishes the National Geothermal Energy Commission. Requires the Commission to determine and publish in the Federal Register a list of those areas in the United States which have a potential for the extraction of geothermal resources. Directs the Commission to grant exclusive 99-year licenses to persons capable of carrying out exploration and development of geothermal resources in such areas. Permits a licensee under this Act to apply for a license to market the geothermal resources from the licensee's area in their natural state. Requires the Commission to grant a marketing license for the most reasonable geographic area to successfully market geothermal resources. Limits marketing licenses to one per geographic area. Provides that a marketing license shall be valid for as long as the licensee holds the exploration and development license. Permits the transfer of exploration, development, and marketing licenses with the Commission's approval. Requires that a licensee under this Act be a U.S. citizen or a person owned or controlled by a U.S. citizen. Restricts the sale of geothermal resources which have been converted to electrical or other energy forms to existing utility companies or other persons licensed to transmit such energy. Permits the sale of geothermal resources to such a company or person for conversion into other energy forms.

Geothermal Energy Control Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``FDA Renewing Efficiency From Outside Reviewer Management Act of 2011''. SEC. 2. PERSONS ACCREDITED TO REVIEW REPORTS UNDER 510(K) AND MAKE RECOMMENDATIONS FOR INITIAL CLASSIFICATION. (a) Time Period for Review of Recommendations of Accredited Persons.--Section 523(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360m(a)) is amended-- (1) in paragraph (1), by striking ``reviewing reports'' and inserting ``reviewing and making recommendations to the Secretary regarding reports''; and (2) in paragraph (2), by amending subparagraph (B) to read as follows: ``(B) Time period for review.--Not later than 30 days after the date on which the Secretary is notified under subparagraph (A) by an accredited person with respect to a recommendation regarding a report submitted under section 510(k) or an initial classification of a device, the Secretary shall make a determination with respect to the recommendation. If the Secretary fails to make such a determination by the end of such 30-day period, the recommendation is deemed to be accepted by the Secretary.''. (b) Access to Device Information.--Paragraph (2) of section 523(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360m(a)) is amended by adding at the end the following: ``(D) Access to device information.--Subject to section 301(j), for the purpose of providing accredited persons with additional information to review reports submitted under section 510(k) and make recommendations regarding the initial classification of devices, the Secretary shall regularly publish-- ``(i) detailed decision summaries for each clearance of a device under section 510(k), classification of a device under section 513, approval of an application for a device under section 515, or grant of an exemption for a device under section 520(m), occurring after the date of the enactment of this subparagraph; and ``(ii) total product life cycles information for devices.''. (c) Types of Devices To Be Reviewed.--Paragraph (3) of section 523(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360m(a)) is amended to read as follows: ``(3) Certain devices.-- ``(A) In general.--An accredited person may be used to perform a review regarding any report submitted under section 510(k) except that an accredited person-- ``(i) may not be used to perform a review of a class III device; and ``(ii) may be used to perform a review of a class II device which is intended to be permanently implantable or life sustaining or supporting only if a notification is submitted under subparagraph (B). ``(B) Notification of intent to perform a review.-- Before performing a review of a report submitted under section 510(k) for a class II device which is intended to be permanently implantable or life sustaining or supporting, an accredited person shall submit to the Secretary a notification of the person's intent to perform the review. If the Secretary does not object within 60 days after receipt of such a notification, the Secretary is deemed to allow the accredited person to perform such review. If the Secretary objects to performance of the review by the accredited person, the Secretary shall specify in writing the basis for the objection, including any reasons why the accredited person is not capable of performing the review in a manner which provides a reasonable assurance of the safety and effectiveness of the device for its intended purpose.''. (d) Accreditation.--Section 523(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360m(b)) is amended-- (1) in paragraph (2)-- (A) in the heading of subparagraph (C), by inserting ``and training'' after ``auditing''; (B) in subparagraph (C)-- (i) in clause (i), by striking ``and'' at the end; (ii) by redesignating clause (ii) as clause (iii); and (iii) by inserting after clause (i) the following: ``(ii) provide for the initial training and periodic updating of training of such person; and''; and (C) by adding at the end the following: ``(E) Periodic reaccreditation.-- ``(i) Period.--Subject to suspension or withdrawal under subparagraph (B), any accreditation under this section shall be valid for a period of 3 years after its issuance. ``(ii) Response to reaccreditation request.--Upon the submission of a request by an accredited person to be reaccredited under this section, the Secretary shall approve or deny such request not later than 60 days after receipt of the request. ``(iii) Criteria.--Not later than 120 days after the date of the enactment of this subparagraph, the Secretary shall establish and publish in the Federal Register criteria to reaccredit or deny reaccreditation to persons under this section. The reaccreditation of persons under this section shall specify the particular activities under subsection (a) for which such persons are accredited.''; (2) in paragraph (3)-- (A) in subparagraph (A), by inserting ``a sole practitioner or'' after ``may not be''; (B) in subparagraph (B), by striking ``such a manufacturer, supplier, or vendor'' and inserting ``a manufacturer, supplier, or vendor of devices of the type for which such person is accredited''; and (C) in subparagraph (D), by striking ``devices'' and inserting ``devices of the type for which such person is accredited''; (3) by striking paragraph (4) (relating to selection of accredited persons); and (4) by redesignating paragraph (5) as paragraph (4). (e) Duration of Authority.--Section 523(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360m(c)) is amended by striking ``October 1, 2012'' and inserting ``October 1, 2017''. (f) Report.--Section 523(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360m(d)) is amended by striking ``January 10, 2007'' and inserting ``January 15, 2015''. SEC. 3. PERSONS ACCREDITED TO CONDUCT INSPECTIONS. Section 704(g)(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(g)(11)) is amended by striking ``October 1, 2012'' and inserting ``October 1, 2017''.

FDA Renewing Efficiency From Outside Reviewer Management Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise and extend through October 1, 2017, provisions authorizing accredited persons to provide classification reports for a medical device and to inspect class II device or class III device facilities. Deems a recommendation of an accredited person as to the classification of a medical device to be accepted by the Secretary of Health and Human Services (HHS) if the Secretary fails to make a determination with respect to the recommendation within 30 days. Requires the Secretary to regularly publish: (1) detailed decision summaries for each clearance of a device, classification of a device, approval of an application of a device, or grant of exemption for a device occurring after the enactment of this Act; and (2) total product life cycles information for devices. Expands the devices for which an accredited person may perform a review to include: (1) a class II device for which clinical data is required in the report, and (2) a class II device which is intended to be permanently implantable or life sustaining or supporting only if notification is provided to the Secretary before such a review. Deems the review permissible if the Secretary does not object within 60 days. Requires the Secretary to provide for the initial training and periodic updating of training of accredited persons. Makes accreditation valid for three years. Sets forth provisions regarding reaccreditation. Prohibits an accredited person from being a sole practitioner. Provides that the prohibitions against an accredited person being owned or controlled by a manufacturer, supplier, or vendor of devices or engaging in the design, manufacture, promotion, or sale of devices shall apply only if the devices are of the same type for which the person is accredited.

To amend the Federal Food, Drug, and Cosmetic Act with respect to persons who, with respect to devices, are accredited to perform certain reviews or inspections.

SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF TELEVISIONS SUBJECT TO DUMPING. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to the provisions of subsection (b), the United States Customs Service shall, not later than 90 days after the receipt of the request described in subsection (b), liquidate or reliquidate each entry described in subsection (d) at the rate of duty that would have been applicable to such merchandise on the date of entry and the amount of the antidumping duty described in such subsection. (b) Requests.--Reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request therefor is filed with the Customs Service within 90 days after the date of enactment of this Act and the request contains sufficient information to enable the Customs Service to locate the entry or reconstruct the entry if it cannot be located. (c) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry under subsection (a) shall be paid not later than 90 days after the date of such liquidation or reliquidation. (d) Entries Described.-- (1) Antidumping duty of 2.2 percent.--The entries described in this paragraph shall be reliquidated at an antidumping rate of duty of 2.2 percent: ------------------------------------------------------------------------ Entry number Port of entry Date of entry ------------------------------------------------------------------------ 8390 41175 2704 09/23/83 8343 01399 2704 08/17/83 8412 70594 2704 10/05/83 8412 76857 2704 10/18/83 8412 80568 2704 10/20/83 8412 82016 2704 10/25/83 8412 85084 2704 11/02/83 8412 90765 2704 11/18/83 8413 01832 2704 12/09/83 8413 01858 2704 12/13/83 8413 01861 2704 12/11/83 8413 03924 2704 12/21/83 8413 03937 2704 12/21/83 8413 06853 2704 12/27/83 8413 07742 2704 01/02/84 8413 09944 2704 01/07/84 8413 13642 2704 01/20/84 8413 15802 2704 01/27/84 8413 24071 2704 01/31/84 8413 27201 2704 02/08/84 8413 35028 2704 02/27/84 8413 35031 2704 02/27/84 8413 37343 2704 03/06/84 8365 73387 3901 05/23/83 8365 74250 3901 06/02/83 8365 75437 3901 06/14/83 8365 77118 3901 07/01/83 8365 78120 3901 07/13/83 8365 79080 3901 07/27/83 8365 81094 3901 08/17/83 8365 83144 3901 09/08/83 8365 83429 3901 09/09/83 8365 84839 3901 10/05/83 8413 01845 2704 12/09/83 8413 09863 2704 01/06/84 8467 42386 3901 10/05/83 8467 51843 3901 12/30/83 ------------------------------------------------------------------------ (2) Antidumping duty of 1.75 percent.--The entries described in this paragraph shall be reliquidated at an antidumping rate of duty of 1.75 percent: ------------------------------------------------------------------------ Entry number Port of entry Date of entry ------------------------------------------------------------------------ 8413 58513 2704 05/09/84 8413 58526 2704 05/09/84 8413 58539 2704 05/14/84 8413 58542 2704 05/14/84 8413 58555 2704 05/11/84 8413 58568 2704 05/09/84 8413 64031 2704 05/23/84 8413 65797 2704 06/06/84 8413 65852 2704 06/06/84 8413 66152 2704 06/11/84 8413 66181 2704 06/13/84 8413 66194 2704 06/07/84 8413 66482 2704 06/26/84 8467 67772 3901 08/01/84 8467 69026 3901 06/13/84 8479 77684 3901 09/25/84 8491 45401 2704 06/21/84 8491 45414 2704 06/21/84 8491 45427 2704 06/25/84 8491 45430 2704 06/25/84 8491 50580 2704 07/12/84 8491 50593 2704 07/13/84 8491 52795 2704 07/12/84 8491 54298 2704 07/17/84 8491 57350 2704 07/24/84 8491 57389 2704 07/21/84 8491 57392 2704 07/26/84 8491 68750 2704 08/06/84 8491 70544 2704 08/07/84 8491 70748 2704 08/14/84 8491 74414 2704 08/23/84 8491 75633 2704 08/17/84 8491 75659 2704 08/15/84 8491 75662 2704 08/15/84 8491 77903 2704 08/21/84 8491 77916 2704 08/23/84 8491 77929 2704 09/11/84 8491 78504 2704 08/28/84 8491 79383 2704 09/02/84 8491 79930 2704 09/02/84 8491 84954 2704 09/21/84 8491 84967 2704 09/21/84 8491 87197 2704 09/29/84 8538 51914 2704 11/13/84 8538 55224 2704 11/08/84 8538 58836 2704 11/05/84 8538 60060 2704 10/29/84 8538 60073 2704 10/29/84 8538 60086 2704 10/26/84 8538 64655 2704 11/27/84 8538 65939 2704 11/19/84 8538 68965 2704 10/17/84 8538 68978 2704 10/17/84 8538 70047 2704 10/08/84 8538 71347 2704 10/11/84 8538 71486 2704 10/14/84 8538 73989 2704 10/04/84 8538 76290 2704 12/03/84 8538 78337 2704 12/14/84 8538 79954 2704 12/17/84 8538 80697 2704 12/18/84 8538 82789 2704 12/26/84 8538 84279 2704 01/09/85 8538 85809 2704 01/08/85 8538 85812 2704 01/14/85 8538 85825 2704 01/08/85 8538 93406 2704 01/29/85 8538 94337 2704 02/04/85 8538 96270 2704 02/19/85 8538 96283 2704 02/21/85 8538 97266 2704 02/27/85 ------------------------------------------------------------------------ (3) Antidumping duty of 2.55 percent.--The entry described in this paragraph shall be reliquidated at an antidumping rate of duty of 2.55 percent: ------------------------------------------------------------------------ Entry number Port of entry Date of entry ------------------------------------------------------------------------ 8641 98116 2704 02/13/86 ------------------------------------------------------------------------

Directs the U.S. Customs Service, upon request, to liquidate or reliquidate certain entries at the rate of duty that would have been applicable on the date of entry and the amount of the antidumping duty, as specified.

A bill to provide for reliquidation and payment of antidumping duties on certain entries of televisions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricanes Katrina and Rita Flood Insurance Buy-In Act of 2005''. SEC. 2. TEMPORARY FLOOD INSURANCE BUY-IN PROGRAM. (a) In General.--The Director of the Federal Emergency Management Agency shall make available flood insurance coverage under the national flood insurance program for eligible structures, in accordance with this section. (b) Scope of Coverage.-- (1) Eligible losses.--Coverage may be made available under this section only for damage or loss to an eligible structure, but not including any contents thereof, from flooding resulting from Hurricane Katrina or Hurricane Rita of 2005. (2) Amount.--The amount of coverage made available under this section for an eligible structure may not exceed the lesser of-- (A) the maximum amount of coverage that may be made available for such structure under the national flood insurance program; and (B) the amount of coverage provided for the structure, as of August 29, 2005, under the policy for losses caused by wind or windstorm (as referred to in subsection (c)(4)). (c) Eligible Structures.--For purposes of this section, an eligible structure is a structure that-- (1) sustained damage from flooding resulting from Hurricane Katrina or Hurricane Rita of 2005; (2) is of a type (including residential properties, business properties, and others) for which coverage was generally made available under the national flood insurance program as of August 29, 2005; (3) is located in a covered disaster area; (4) was covered-- (A) in the case of a structure damaged by flooding resulting from Hurricane Katrina, as of August 29, 2005, by an insurance policy for losses caused by wind or windstorm; and (B) in the case of a structure damaged by flooding resulting from Hurricane Rita, as of September 23, 2005, by such a policy; (5) is not located in an area that has been identified by the Director as an area having special flood hazards (as such term is used for purposes of section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)); and (6) was not covered by flood insurance made available under the national flood insurance program at the time of such damage. (d) Premiums.-- (1) Amount.--The Director shall charge, for coverage made available under this section for an eligible structure, premiums in the amount equal to 105 percent of the aggregate amount of premiums that would have been charged, at the time, for coverage for the structure under the national flood insurance program (for the type and amount of coverage provided) for the 10-year period that ends upon the date of purchase of such coverage. (2) Deduction from claims.--The Director shall provide that a purchaser of coverage made available under this section may pay premiums charged for such coverage under paragraph (1) by deducting such amounts from the amount of any claims payable under such coverage. (3) Credits to nfif.--There shall be credited to the National Flood Insurance Fund established under section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) the following amounts: (A) Any premiums collected pursuant to this section. (B) From amounts appropriated under subsection (i)(1), an amount equal to the amount of any premiums charged for coverage made available under this subsection that are not collected by the Director as a result of the operation of paragraph (2). (e) Claims.-- (1) In general.--Claims for damage or loss pursuant to coverage made available under this section may be paid only from amounts made available in appropriation Acts under subsection (i). (2) Exclusion.--Amounts in the National Flood Insurance Fund established under section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017), including any amount credited to such Fund under subsection (d)(3), shall not be available for paying claims under coverage made available under this section. (f) Requirements to Obtain Future Coverage and Take Mitigation Actions.--The Director may not make coverage available under this section for an eligible structure unless the owner of the structure enters into a binding agreement, contained in such deed restrictions as the Director considers appropriate, to ensure that such owner, and any future owners, will-- (1) at all times after purchasing coverage under this section for the structure, in perpetuity, maintain coverage under the national flood insurance program, for any structures located at any time on the same property on which, at the time of purchase, such eligible structure is located, in an amount at least equal to the lesser of-- (A) the value of the structure, as determined by the Director; or (B) the maximum limit of coverage made available with respect to the particular type of property under the national flood insurance program; and (2) accept any offer to take mitigation actions or activities made, with respect to the structure, under a mitigation program under section 1323, 1361A, or 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4030, 4102a, 4104c). (g) Premium Rates for Future Coverage.--In establishing rates for flood insurance coverage, other than coverage under this section, made available under the national flood insurance program, the Director shall not consider, in any manner-- (1) any premiums charged or collected under subsection (d); (2) any claims paid pursuant to coverage made available under this section; or (3) any amounts appropriated under subsection (i). (h) Definitions.--For purposes of this section, the following definitions shall apply: (1) Covered disaster area.--The term ``covered disaster area'' means an area-- (A) for which a major disaster was declared by the President pursuant to title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of Hurricane Katrina or Hurricane Rita of 2005; and (B) in which the sale of flood insurance coverage was available under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) as of August 25, 2005. (2) Director.--The term ``Director'' means the Director of the Federal Emergency Management Agency. (i) Authorization of Appropriations.-- (1) For claims payments.--There are authorized to be appropriated to the Director, such sums as may be necessary to cover all costs of flood insurance coverage made available under this section, including administrative expenses and claims under such coverage. (2) For mitigation assistance.--There are authorized to be appropriated such sums as may be necessary, for the National Flood Insurance Fund established under section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) and for the National Flood Mitigation Fund established under section 1367 of such Act (42 U.S.C. 4104d), for use only for mitigation activities under the programs under sections 1323, 1361A, and 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4030, 4102a, 4104c), as appropriate, for eligible structures. (j) Public Notice.--Not later than 30 days after the date of enactment of this Act, the Director shall issue and widely disseminate in the covered disaster area public notice of the procedures to be followed for application for flood insurance authorized by this Act. (k) Termination.--The Director may not enter into any contract or policy for coverage under this section except pursuant to an application for such coverage submitted to the Director before the expiration of the 90-day period beginning on the date that the public notice described in subsection (j) is issued.

Hurricanes Katrina and Rita Flood Insurance Buy-In Act of 2005 - Establishes a temporary flood insurance buy-in program. Instructs the Director of the Federal Emergency Management Agency to make flood insurance coverage available under such program for eligible structures (but not their contents) for flooding resulting from Hurricane Katrina or Hurricane Rita. Limits eligibility to structures located in an area not subject to the mandatory purchase requirements of the national flood insurance program, and which were not covered by such insurance at the time of the hurricanes. Prescribes a formula for determination of premiums, which may be paid by deduction from the amount of any claims payable under coverage by the buy-in program.

A bill to strengthen the national flood insurance program, encourage participation in the program, and provide owners of properties not located in flood hazard zones a one-time opportunity to purchase flood insurance coverage for a period covering such hurricane.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sangre de Cristo National Historical Park Establishment Act''. SEC. 2. PURPOSE. The purpose of this Act is to establish the Sangre de Cristo National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant historical and cultural resources of the Sangre de Cristo Mountain Range-San Luis Valley region of southern Colorado for the benefit and inspiration of future generations; (2) to support the preservation, protection, and interpretation of the urban, rural, and agricultural landscape features of the region; (3) to educate the public about-- (A) nationally significant sites and districts that convey the history of the northern migrations and the other migrations of diverse peoples that settled in the Sangre de Cristo Mountain Range-San Luis Valley region; (B) the exploration and development of the region under Spanish rule from 1598 through 1821; (C) the history of communities under Mexican rule between 1821 and 1848, the date of the conclusion of the Mexican American War; (D) the post-1848 settlement history of the area under United States jurisdiction, and the creation of the State of Colorado; and (E) the rich and distinctive folklore, religions, and languages of the cultures in the area today; and (4) to support and enhance the network of partners, including the State and local governments, private entities, and nonprofit entities, that will engage in the protection, improvement, management, and operation of key resources and facilities in the Park and throughout the National Heritage Area. SEC. 3. DEFINITIONS. In this Act: (1) National heritage area.--The term ``National Heritage Area'' means the Sangre de Cristo National Heritage Area established by section 8001 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 461 note; Public Law 111-11). (2) Park.--The term ``Park'' means the Sangre de Cristo National Historical Park established under section 4. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (4) State.--The term ``State'' means the State of Colorado. SEC. 4. ESTABLISHMENT OF SANGRE DE CRISTO NATIONAL HISTORICAL PARK. (a) Establishment.--Subject to valid and existing rights, there is established in the State a unit of the National Park System to be known as the ``Sangre de Cristo National Historical Park''. (b) Boundaries.--Subject to valid existing rights, the Park shall be comprised of the following cultural and historical sites and byways within the Sangre de Cristo Mountain Range-San Luis Valley region of southern Colorado: (1) The Sangre de Cristo Heritage Center, San Luis, Costilla County. (2) The Sociedad Proteccion Mutua de Trabajadores Unidos building, Antonito, Conejos County. (3) The Fort Garland Museum, Fort Garland, Costilla County. (4) The Denver & Rio Grande Antonito Depot, Antonito, Conejos County. (5) The Los Caminos Antiguos Scenic and Historic Byway. (6) Dario Gallegos House, San Luis, Costilla County. (7) Trujillo Homesteads, Alamosa County. (8) Pike's Stockade, Conejos County. (9) The portions of the Old Spanish National Historic Trail located in the areas of Alamosa, Conejos, Costilla, Rio Grande, and Saguache counties where the trail crosses federally owned land. (c) Additional Sites.-- (1) In general.--An additional site may not be added to the Park unless-- (A) the Secretary determines, based on further research and planning, that the site meets the applicable criteria for national significance, suitability, and feasibility; and (B) notification of the proposed addition of the site has been submitted to-- (i) the Committee on Energy and Natural Resources of the Senate; and (ii) the Committee on Natural Resources of the House of Representatives. (2) Study.--The Secretary shall conduct a study to determine the feasibility of including in the Park additional cultural and historical sites located in the following counties: (A) Huerfano County. (B) Las Animas County. (d) Acquisition of Land.--The Secretary may-- (1) acquire land or interests in land within the boundaries of the Park by-- (A) donation; (B) purchase from willing sellers with donated or appropriated funds; or (C) exchange; and (2) enter into cooperative management agreements in accordance with section 3(l) of the National Park System General Authorities Act (16 U.S.C. 1a-2(l)). (e) Acquisition of Water Rights.-- (1) In general.--The Secretary may acquire water rights by-- (A) donation; or (B) purchase from willing sellers. (2) Limitation.--The Secretary may not acquire water rights by means other than the means described in paragraph (1). (f) Administration.-- (1) In general.--The Secretary shall administer the Park in accordance with-- (A) this Act; and (B) the laws generally applicable to units of the National Park System, including-- (i) the National Park Service Organic Act (16 U.S.C. 1 et seq.); and (ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (2) General management plan.-- (A) In general.--Not later than 3 years after the date on which funds are made available to carry out this Act, the Secretary shall prepare a general management plan for the Park-- (i) in consultation with applicable State and local governments, owners of property within the boundaries of the Park, and other interested parties; and (ii) in accordance with section 12(b) of the National Park System General Authorities Act (16 U.S.C. 1a-7(b)). (B) Requirements.--To the maximum extent practicable, the plan prepared under subparagraph (A) shall-- (i) consider ways to use existing visitor facilities and recreational opportunities developed in the National Heritage Area; and (ii) develop programs and management actions cooperatively with the National Heritage Area. (g) Cooperative Agreements.-- (1) In general.--To further the purposes of this Act and notwithstanding chapter 63 of title 31, United States Code, the Secretary may provide grants and technical assistance to, and may enter into cooperative agreements with, the State, political subdivisions of the State, nonprofit organizations, and private property owners-- (A) to provide technical assistance, interpretation, public access, and other visitor services in the Park; and (B) subject to the availability of appropriations, to provide not more than 50 percent of the cost of any natural, historic, or cultural resource protection project in the Park and the National Heritage Area that is consistent with the general management plan prepared under subsection (f). (2) Matching requirement.--As a condition of the receipt of funds under paragraph (1), the Secretary shall require that any Federal funds made available under a grant or cooperative agreement entered into under that paragraph are matched on a 1- to-1 basis by non-Federal funds. (3) Reimbursement.--Any payment made by the Secretary under paragraph (1)(B) shall be subject to an agreement that the conversion, use, or disposal of the project for purposes that are inconsistent with the purposes of this Act, as determined by the Secretary, shall result in a right of the United States to reimbursement of the greater of-- (A) the amount provided by the Secretary to the project under paragraph (1)(B); or (B) an amount equal to the increased value of the project that is attributable to the funds, as determined by the Secretary at the time of the conversion, use, or disposal. (h) Management of Old Spanish Trail.--Notwithstanding any other provision of this Act, the head of the Federal agency with jurisdiction over a portion of the Old Spanish Trail included within the boundaries of the Park under subsection (b)(9), as determined under the applicable management plan for the Old Spanish Trail, shall continue to manage that portion of the Old Spanish Trail. (i) Limitation.--Nothing in this Act expands or diminishes any right of access to any private land within the boundaries of the Park. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Sangre de Cristo National Historical Park Establishment Act - Establishes the Sangre de Cristo National Historical Park in Colorado as a unit of the National Park System. Requires the Park to be composed of cultural and historical sites and byways within the Sangre de Cristo Mountain Range-San Luis Valley region of southern Colorado. Directs the Secretary of the Interior, through the National Park Service (NPS), to study the feasibility of including additional cultural and historical sites in Huerfano and Las Animas Counties in the Park. Allows the Secretary to acquire water rights by donation or purchase from willing sellers. Requires the completion of a general management plan for the Park. Requires the head of the federal agency having jurisdiction over a part of the Old Spanish Trail that is included within the Park to continue to manage that part of the Trail.

Sangre de Cristo National Historical Park Establishment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Izembek and Alaska Peninsula Refuge and Wilderness Enhancement and King Cove Safe Access Act''. SEC. 2. FINDINGS. Congress finds that-- (1) King Cove, Alaska, is-- (A) located 625 air miles from Anchorage, Alaska, on the south side of the Alaska Peninsula, on a sand spit fronting Deer Passage and Deer Island; (B) accessible only by air and water; and (C) one of the most geographically isolated areas of the State of Alaska; (2) constant adverse weather and limiting physical topography make traveling in and out of King Cove directly by air dangerous and impractical much of the time; (3) King Cove is the homeland of Aleut people who-- (A) are federally recognized as indigenous peoples of the United States; (B) have fished, hunted, and subsisted in King Cove for over 4,000 years; and (C) refer to the King Cove community as ``Agdaagux''; (4) the Agdaagux Tribal Council, which is the federally recognized tribal government for King Cove, recognizes that most of residents of King Cove are direct descendants of the original Aleut inhabitants; (5) in the 1940s, an airport capable of access by jets was constructed by the United States Army at Cold Bay, which is approximately 25 surface miles north of King Cove, to support World War II related national security needs; (6) while the Cold Bay Airport, which is now a civilian airport operated by the State of Alaska, is the lifeline for the King Cove people to the outside world, particularly for the life, safety, and health needs of the indigenous residents, there is no surface access between King Cove and the airport; (7) nearly all of the land between King Cove and Cold Bay is-- (A) owned by the Federal Government as part of the Izembek National Wildlife Refuge; and (B) managed as wilderness; and (8) the Agdaagux Tribal Council-- (A) maintains that the Council and the indigenous Aleut people of King Cove were not consulted before the land that separates residents from the nearest all- weather airport was designated as wilderness, even though approximately 1,292 people across the United States, Canada, and Europe-- (i) received notice of the potential designation; and (ii) during 1969 and 1970, were expressly invited by the Bureau of Sport Fisheries and Wildlife, the predecessor of the United States Fish and Wildlife Service, to participate in the process of considering whether the land should be managed as wilderness; (B) regards the failure of the Federal Government to consult with the Council and the indigenous Aleut people of King Cove as a ``wrong and troubling action taken by the federal government''; (C) submits that dozens of King Cove residents have died or suffered grave health consequences in the past 30 years because the residents could not reach timely medical assistance in Anchorage, Alaska, that can only be accessed via the all-weather Cold Bay Airport; and (D) has expressed the full endorsement and support of the Council for the construction of a road between King Cove and the Cold Bay Airport as an expression of, and commitment to, self-determination for the Aleut people of King Cove who were not consulted before the land vital to the survival of the Aleut people of King Cove was designated as wilderness. SEC. 3. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means-- (A) the approximately 206 acres of Federal land within the Izembek National Wildlife Refuge in the State that is depicted on the map as ``King Cove Road''; and (B) the approximately 1,600 acres of Federal land that is depicted on the map as ``Sitkinak Island''. (2) Landowner.--The term ``landowner'' means-- (A) the State; and (B) the other owners of the non-Federal land, including King Cove Corporation. (3) Map.--The term ``map'' means the map entitled ``Proposed Land Enhancements'' and dated June 2007. (4) Non-federal land.--The term ``non-Federal land'' means the approximately 61,723 acres of non-Federal land authorized to be added to the Refuges under this Act, as depicted on the map. (5) Refuge.--The term ``Refuge'' means each of the Izembek National Wildlife Refuge and the Alaska Peninsula National Wildlife Refuge in the State. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of Alaska. SEC. 4. CONVEYANCE OF LAND. (a) In General.--The Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal land on-- (1) conveyance by the landowner to the Secretary of title to the non-Federal land that is acceptable to the Secretary; and (2) certification by the Governor of the State that the State-owned land at Kinzaroff Lagoon has been designated under State law as a State refuge. (b) Map.-- (1) Availability.--The map shall be on file and available for public inspection in the appropriate offices of the Secretary. (2) Revised map.--Not later than 180 days after the date of completion of the conveyance of Federal land and non-Federal land under this section, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a revised map that depicts the Federal land and non-Federal land conveyed under this section. (c) King Cove Road Conveyance.-- (1) In general.--The land described in section 3(1)(A) shall be used for construction of a State road. (2) Terms and conditions.-- (A) Cable barrier.--A road constructed under this subsection shall include a cable barrier on each side of the road, as described in the record of decision entitled ``Mitigation Measure MM-11, King Cove Access Project Final Environmental Impact Statement Record of Decision'' and dated January 22, 2004. (B) Support facilities.--Support facilities for a road constructed under this subsection shall not be located on federally owned land in the Izembek National Wildlife Refuge. (3) Cooperative right-of-way planning process.-- (A) In general.--On request of the State, the Secretary, in cooperation with the Secretary of Transportation, the State, the Agdaagux Tribal Council, the Aleutians East Borough, the City of King Cove, and the King Cove Corporation, shall undertake a process to determine the route for the road required to be constructed under paragraph (1) within the corridor that is depicted on the map as ``King Cove Road''. (B) Deadline.--Not later than 18 months after the date on which the State submits a request under subparagraph (A), the Secretary shall complete the planning process required under that subparagraph. (C) Compatibility.--The route for the road recommended by the Secretary under this paragraph shall be considered to be compatible with the purposes for which the Refuge was established. (D) Construction.--Construction of the road along the route recommended by the Secretary under this paragraph is authorized in accordance with this Act. (4) Reconveyance.--The Secretary shall, on receipt of a written request from the State or the King Cove Corporation, immediately reconvey the applicable non-Federal land to the appropriate landowner that contributed the land if-- (A) a preliminary or permanent injunction is entered by a court of competent jurisdiction enjoining construction or use of the road; or (B) the State or the King Cove Corporation determines before construction of the road that the road cannot be feasibly constructed or maintained. (d) Applicable Law.-- (1) In general.--The conveyance of Federal land and non- Federal land shall not be subject to any requirements for valuation, appraisal, and equalization under any other Federal law. (2) ANCSA.--The use of existing roads and the construction of new roads on King Cove Corporation land to access the road authorized under this Act shall be considered-- (A) to be consistent with subsection (g) of section 22 of the Alaska Native Claims Settlement Act (43 U.S.C. 1621) and any patents issued under that subsection; and (B) not to interfere with the purposes for which the Refuge was established. (e) Notice.--The Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives notice of the completion of the conveyance of Federal land and non-Federal land under this section. (f) Designation of Wilderness.--On conveyance of the non-Federal land to the Secretary, the approximately 45,493 acres of land generally depicted on the map entitled ``Wilderness additions to Izembek and Alaska Peninsula Wildlife Refuges'' and dated June 2007, shall be designated as wilderness. (g) Administration.--The Secretary shall administer the non-Federal land acquired under this Act-- (1) in accordance with the laws generally applicable to units of the National Refuge System; (2) as wilderness, in accordance with the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.); and (3) subject to valid existing rights.

Izembek and Alaska Peninsula Refuge and Wilderness Enhancement and King Cove Safe Access Act - Directs the Secretary of the Interior to convey to the state of Alaska King Cove Road and Sitkinak Island upon: (1) conveyance by the state and other owners of specified non-federal land, including King Cove Corporation, to the Secretary of title to such non-federal land; and (2) certification by the governor of the state that the state-owned land at Kinzaroff Lagoon has been designated under state law as a state refuge. Requires the King Cove Road conveyance to be used for construction of a state road. Provides, upon conveyance of the non-federal land to the Secretary, for the designation of the wilderness additions to the Izembek and Alaska Peninsula Wildlife Refuges as wilderness.

To provide for the inclusion of certain non-Federal land in the Izembek and Alaska Peninsula Wildlife Refuges and Wilderness in the State of Alaska and for the granting of a right-of-way for safe and reliable access for the Native Village of King Cove, Alaska, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Milk and Dairy Choices in Schools Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) 44 million Americans have low bone mass or osteoporosis, causing $19 billion in hospital and nursing home expenses annually. (2) Adequate calcium intake and weight-bearing exercise can help build bone mass and prevent debilitating fractures. (3) 98 percent of maximum bone density is reached by age 20, making it especially important that children get enough calcium. (4) The United States Department of Agriculture finds that 32 percent of children ages 4 through 8 and 90 percent of girls and 70 percent of boys ages 9 through 19 do not meet current calcium recommendations. (5) Per capita milk consumption in the United States has been decreasing for 3 decades. Per capita milk consumption by children fell quickly from 2005 to 2010, and this consumption rate is declining even more rapidly as these children reach their teenage years. (6) Fewer than half of school-age children participate in school meal programs. (7) 87 percent of schools sell soft drinks, fruit drinks, and sports drinks on campus through school meal programs, vending machines, and other means. SEC. 3. FAT CONTENT OF MILK IN SCHOOL LUNCH PROGRAMS. Section 9(a)(2)(A)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(2)(A)(i)) is amended by inserting ``consistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341)'' before the semicolon. SEC. 4. EXPANSION OF SPECIAL MILK PROGRAM. Section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772) is amended-- (1) by striking subsection (b); (2) in subsection (a), by striking paragraph (2) and redesignating paragraph (1) and paragraphs (3) through (10) as subsections (a) through (i), respectively; (3) in subsection (a), as redesignated by paragraph (2)-- (A) by striking ``, except as provided in paragraph (2), which do not participate in a meal service program authorized under this Act or the Richard B. Russell National School Lunch Act,''; and (B) by striking ``, which do not participate in a meal service program authorized under this Act or the Richard B. Russell National School Lunch Act''; and (4) in subsection (d), as redesignated by paragraph (2), by striking ``which does not participate in a meal service program authorized under this Act or the Richard B. Russell National School Lunch Act''. SEC. 5. PILOT PROGRAM PROVIDING LOW-FAT CHEESES FOR SCHOOL BREAKFAST AND LUNCH PROGRAMS. (a) In General.--During the 3-year period beginning on the date that is not later than 60 days after the date of the enactment of this Act, the Secretary of Agriculture shall purchase low-fat cheeses for use in-- (1) the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and (2) the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (b) Purchase Additional to Commodity Distribution Program.--The low-fat cheeses purchased under subsection (a) shall be in addition to commodities delivered under section 6 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755). (c) Evaluation and Report.-- (1) Evaluation.--The Secretary shall conduct an evaluation of-- (A) whether children participating in the school lunch and breakfast programs described in subsection (a) increased their consumption of low-fat cheeses during the period described in subsection (a); (B) which types of low-fat cheeses are most appropriate for use in such school lunch and breakfast programs, and how such cheeses may best be integrated into such programs; and (C) such other factors related to increasing interest in and awareness of low-fat cheeses among schoolchildren as the Secretary considers appropriate. (2) Report.--Not later than 90 days after the conclusion of the 3-year period described in subsection (a), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report describing the results of the evaluation required by paragraph (1). (d) Low-Fat Cheese Defined.--In this section, the term ``low-fat cheese'' means cheese of any type whose solids contain a percentage of milkfat, to be determined by the Secretary, that is less than the percentage specified for such type of cheese in subpart B of part 133 of title 21, Code of Federal Regulations. SEC. 6. BUDGET NEUTRALITY OFFSET. Section 6(e)(1)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended by striking ``October 1, 2003, and ending September 30, 2009'' and inserting ``October 1, 2010, and ending September 30, 2016''.

Healthy Milk and Dairy Choices in Schools Act of 2010 - Amends the Richard B. Russell National School Lunch Act to require the fat content of milk served in school lunches to be consistent with the most recent Dietary Guidelines for Americans. Amends the Child Nutrition Act of 1966 to include nonprofit schools and child care institutions that participate in the school lunch or breakfast programs in the special milk program. (Currently, the special milk program reimburses nonprofit schools and child care institutions which do not participate in the school lunch or breakfast programs for the milk they provide to children.) Establishes a three-year pilot program under which the Secretary of Agriculture purchases low-fat cheeses, in addition to commodities currently purchased, for use in the school lunch and breakfast programs. Requires the Secretary to evaluate and report to Congress on the program. Allows the Secretary, through FY2016, to satisfy the requirement that at least 12% of school lunch program assistance be in the form of commodity assistance by using commodities procured by the Secretary under any provision of law.

To amend the child nutrition laws to require that milk served in school lunch programs be consistent with the Dietary Guidelines for Americans and to expand eligibility for the Special Milk Program, and to establish a pilot program providing low-fat cheeses for school breakfast and lunch programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Tax Moratorium and Equity Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The moratorium of the Internet Tax Freedom Act on new taxes on Internet access and on multiple and discriminatory taxes on electronic commerce should be extended. (2) States should be encouraged to simplify their sales and use tax systems. (3) As a matter of economic policy and basic fairness, similar sales transactions should be treated equally, without regard to the manner in which sales are transacted, whether in person, through the mails, over the telephone, on the Internet, or by other means. (4) Congress may facilitate such equal taxation consistent with the United States Supreme Court's decision in Quill Corp. v. North Dakota. (5) States that adequately simplify their tax systems should be authorized to correct the present inequities in taxation through requiring sellers to collect taxes on sales of goods or services delivered in-state, without regard to the location of the seller. (6) The States have experience, expertise, and a vital interest in the collection of sales and use taxes, and thus should take the lead in developing and implementing sales and use tax collection systems that are fair, efficient, and non- discriminatory in their application and that will simplify the process for both sellers and buyers. (7) Online consumer privacy is of paramount importance to the growth of electronic commerce and must be protected. SEC. 3. EXTENSION OF INTERNET TAX FREEDOM ACT MORATORIUM THROUGH 2005. Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking ``3 years after the date of the enactment of this Act--'' and inserting ``on December 31, 2005:''. SEC. 4. STREAMLINED SALES AND USE TAX SYSTEM. (a) Development of Streamlined System.--It is the sense of Congress that States and localities should work together to develop a streamlined sales and use tax system that addresses the following in the context of remote sales: (1) A centralized, one-stop, multi-state registration system for sellers. (2) Uniform definitions for goods or services, the sale of which may, by State action, be included in the tax base. (3) Uniform rules for attributing transactions to particular taxing jurisdictions. (4) Uniform procedures for-- (A) the treatment of purchasers exempt from sales and use taxes; and (B) relief from liability for sellers that rely on such State procedures. (5) Uniform procedures for the certification of software that sellers rely on to determine sales and use tax rates and taxability. (6) A uniform format for tax returns and remittance forms. (7) Consistent electronic filing and remittance methods. (8) State administration of all State and local sales and use taxes. (9) Uniform audit procedures, including a provision giving a seller the option to be subject to no more than a single audit per year using those procedures; except that if the seller does not comply with the procedures to elect a single audit, any State can conduct an audit using those procedures. (10) Reasonable compensation for tax collection by sellers. (11) Exemption from use tax collection requirements for remote sellers falling below a de minimis threshold of $5,000,000 in gross annual sales. (12) Appropriate protections for consumer privacy. (13) Such other features that the States deem warranted to promote simplicity, uniformity, neutrality, efficiency, and fairness. (b) No Undue Burden.--Congress finds that, if adopted, the system described in subsection (a) will not place an undue burden on interstate commerce or burden the growth of electronic commerce and related technologies in any material way. (c) Study.--It is the sense of Congress that a joint, comprehensive study should be commissioned by State and local governments and the business community to determine the cost to all sellers of collecting and remitting State and local sales and use taxes on sales made by sellers under the law as in effect on the date of enactment of this Act and under the system described in subsection (a) to assist in determining what constitutes reasonable compensation. SEC. 5. INTERSTATE SALES AND USE TAX COMPACT. (a) Authorization and Consent.--In general, the States are authorized to enter into an Interstate Sales and Use Tax Compact. Subject to subsection (c), Congress consents to their entry into that Compact. The Compact shall describe a uniform, streamlined sales and use tax system consistent with section 4(a), and shall provide that States joining the Compact must adopt that system. (b) Expiration.--The authorization and consent in subsection (a) shall expire if the Compact has not been formed before January 1, 2006. (c) Congressional Consent Withdrawn if Compact Disapproved.-- (1) Adopting states to transmit.--Upon the 20th State becoming a signatory to the Compact, the adopting States shall transmit a copy of the Compact to Congress. (2) Congressional action.--The consent of Congress to the Compact is withdrawn if Congress, by law, disapproves the Compact within 120 days (computed in accordance with section 154 of the Trade Act of 1974 (19 U.S.C. 2194)) after the adopting States transmit the Compact to Congress. SEC. 6. AUTHORIZATION TO SIMPLIFY STATE USE-TAX RATES THROUGH AVERAGING. (a) In General.--Subject to the exception in subsection (e), a State that adopts the Compact authorized under section 5 and that levies a use tax shall impose a single, uniform State-wide use-tax rate on all remote sales on which it assesses a use tax for any calendar year for which the State meets the requirements of subsection (b). (b) Averaging Requirement.--A State meets the requirements of this subsection for any calendar year in which the single, uniform State- wide use-tax rate is in effect if such rate is no greater than the weighted average of the sales tax rates actually imposed by the State and its local jurisdictions during the 12-month period ending on June 30 prior to such calendar year. (c) Computation of Rate No Greater Than Weighted Average.--For purposes of subsection (b), a State-wide use-tax rate is no greater than the weighted average of the sales tax rates imposed during a 12- month period described in subsection (b) only if, had such rate been assessed during such period on all sales subject to the sales and use tax by such State and its local jurisdictions, such rate would not have yielded a greater total assessment of taxes than the total taxes actually assessed on such sales during such period. (d) Annual Option To Collect Actual Tax.--Notwithstanding subsection (a), a remote seller may elect annually to collect the actual applicable State and local use taxes on each sale made in the State. (e) Alternative System.--A State that adopts the dramatically simplified sales and use tax system described in the Compact authorized under section 5 so that remote sellers can use information provided by the State to identify the single applicable rate for each sale, may require a remote seller to collect the actual applicable State and local sales or use tax due on each sale made in the State if the State provides such seller relief from liability to the State for relying on such information provided by the State. SEC. 7. AUTHORIZATION TO REQUIRE COLLECTION OF USE TAXES. (a) Grant of Authority.-- (1) States that adopt the system may require collection.-- Any State that has adopted the system described in the Compact is authorized, notwithstanding any other provision of law, to require all sellers not qualifying for the de minimis exception to collect and remit sales and use taxes on remote sales to purchasers located in such State after the expiration of the 120 day period described by section 5(c)(2) unless the Compact is disapproved under section 5(c). (2) States that do not adopt the system may not require collection.--Paragraph (1) does not extend to any State that does not adopt the system described in the Compact. (b) No Effect on Nexus, etc.--No obligation imposed by virtue of authority granted by subsection (a)(1) or denied by subsection (a)(2) shall be considered in determining whether a seller has a nexus with any State for any other tax purpose. Except as provided in subsection (a), nothing in this Act permits or prohibits a State-- (1) to license or regulate any person; (2) to require any person to qualify to transact intrastate business; or (3) to subject any person to State taxes not related to the sale of goods or services. SEC. 8. LIMITATION. In general, nothing in this Act shall be construed as subjecting sellers to franchise taxes, income taxes, or licensing requirements of a State or political subdivision thereof, nor shall anything in this Act be construed as affecting the application of such taxes or requirements or enlarging or reducing the authority of any State or political subdivision to impose such taxes or requirements. SEC. 9. DEFINITIONS. In this Act: (1) State.--The term ``State'' means any State of the United States of America and includes the District of Columbia. (2) Goods or services.--The term ``goods or services'' includes tangible and intangible personal property and services. (3) Remote sale.--The term ``remote sale'' means a sale in interstate commerce of goods or services attributed, under the rules established pursuant to section 4(a)(3), to a particular taxing jurisdiction that could not, except for the authority granted by this Act, require that the seller of such goods or services collect and remit sales or use taxes on such sale. (4) Locus of remote sale.--The term ``particular taxing jurisdiction'', when used with respect to the location of a remote sale, means a remote sale of goods or services attributed, under the rules established pursuant to section 4(a)(3), to a particular taxing jurisdiction.

Internet Tax Moratorium and Equity Act - Amends the Internet Tax Freedom Act to extend, until December 31, 2005, provisions which prohibit a State or political subdivision from imposing: (1) taxes on Internet access, unless such tax was generally imposed and actually enforced prior to October 1, 1998; and (2) multiple or discriminatory taxes on electronic commerce.Expresses the sense of Congress that: (1) States and localities should work together to develop a uniform streamlined sales and use tax system that addresses remote sales; and (2) a joint comprehensive study should be undertaken to determine the cost of collecting and remitting State and local sales and use taxes under such system.Authorizes States to enter into an Interstate Sales and Use Tax Compact which shall describe a uniform, streamlined sales and use tax system consistent with such system.

To foster innovation and technological advancement in the development of the Internet and electronic commerce, and to assist the States in simplifying their sales and use taxes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education for Life Act of 1998''. SEC. 2. MODIFICATIONS TO EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS. (a) Withdrawals for Elementary and Secondary School Expenses and for Job Training Expenses by Older Individuals.-- (1) In general.--Section 530(b)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means-- ``(i) qualified elementary and secondary education expenses (as defined in paragraph (4)), ``(ii) qualified higher education expenses (as defined in section 529(e)(3)), and ``(iii) qualified job training expenses (as defined in paragraph (5)). Such expenses shall be reduced as provided in section 25A(g)(2). ``(B) Qualified state tuition programs.--Such term shall include amounts paid or incurred to purchase tuition credits or certificates, or to make contributions to an account, under a qualified State tuition program (as defined in section 529(b)) for the benefit of the beneficiary of the account.''. (2) Qualified elementary and secondary education expenses; qualified job training expenses.--Section 530(b) of such Code is amended by adding at the end the following new paragraphs: ``(4) Qualified elementary and secondary education expenses.-- ``(A) In general.--The term `qualified elementary and secondary education expenses' means tuition, fees, tutoring, special needs services, books, supplies, computer equipment (including related software and services) and other equipment, transportation, and supplementary expenses required for the enrollment or attendance of the designated beneficiary of the trust at a public, private, or religious school. ``(B) Special rule for home- schooling.--Such term shall include expenses described in subparagraph (A) required for education provided for homeschooling if the requirements of any applicable State or local law are met with respect to such education. ``(C) School.--The term `school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law. ``(5) Qualified job training expenses.-- ``(A) In general.--The term `qualified job training expenses' means-- ``(i) tuition and fees required for the enrollment or attendance of a worker in an applicable training program, ``(ii) fees, books, supplies, and equipment required for an applicable training program, and ``(iii) a reasonable allowance for meals and lodging while attending an applicable training program. ``(B) Applicable training program.--For purposes of subparagraph (A), the term `applicable training program' means-- ``(i) any applicable program (as defined in section 314(g) of the Job Training Partnership Act), and ``(ii) any training program approved under section 236 of the Trade Act of 1974.''. (3) Contributions to account permitted until beneficiary attains age 55.--Clause (ii) of section 530(b)(1)(A) of such Code is amended by striking ``age 18'' and inserting ``age 55''. (4) Conforming amendments.--Subsections (b)(1) and (d)(2) of section 530 of such Code are each amended by striking ``higher'' each place it appears in the text and heading thereof. (b) Increase in Maximum Contributions to Education Individual Retirement Accounts.--Subsections (b)(1)(A)(iii) and (d)(4)(C) of section 530, and section 4973(e)(1)(A), of such Code are each amended by striking ``$500'' and inserting ``$2,500''. (c) Deduction for Contributions to Education Individual Retirement Accounts.-- (1) In general.--Part VII of subchapter B of chapter 1 of such Code (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. CONTRIBUTIONS TO EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction the amount paid in cash for the taxable year by or on behalf of such individual to any education individual retirement account for the benefit of any individual. ``(b) Maximum Deduction.--The amount allowable as a deduction under subsection (a) shall not exceed $2,500 with respect to each individual for whose benefit the payments referred to in subsection (a) are made. ``(c) Other Limitations and Restrictions.-- ``(1) Beneficiary must be under age 55.--No deduction shall be allowed under this section for any payment for the benefit of an individual if such individual has attained age 55 before the date that the payment is made. ``(2) Recontributed amounts.--No deduction shall be allowed under this section with respect to a rollover contribution. ``(3) Employer payments.--For purposes of this title, any amount paid by an employer to an education individual retirement plan shall be treated as payment of compensation to the employee (other than a self-employed individual who is an employee within the meaning of section 401(c)(1)) includible in his gross income in the taxable year for which the amount was contributed, whether or not a deduction for such payment is allowable under this section to the employee.''. (2) Deduction allowed whether or not taxpayer itemizes other deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (17) the following new paragraph: ``(18) Contributions to education individual retirement accounts.--The deduction allowed by section 222.''. (3) Clerical amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 222. Contributions to education individual retirement accounts. ``Sec. 223. Cross reference.''. (d) No Penalty for Distributions Not Used for Education Expenses After Date Beneficiary Attains Age 59\1/2\.--Subparagraph (B) of section 530(d)(4) of such Code (relating to additional tax for distributions not used for educational expenses) 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 adding at the end the following new clause: ``(iv) made to the designated beneficiary on or after the date on which the designated beneficiary attains age 59\1/2\.''. (e) Waiver of Age Limitations for Children With Special Needs.-- Paragraph (1) of section 530(b) of such Code is amended by adding at the end the following flush sentence: ``The age limitations in the preceding sentence shall not apply to any designated beneficiary with special needs (as determined under regulations prescribed by the Secretary).''. (f) Corporations Permitted To Contribute to Accounts.--Paragraph (1) of section 530(c) of such Code is amended by striking ``The maximum amount which a contributor'' and inserting ``In the case of a contributor who is an individual, the maximum amount the contributor''. (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.

Education for Life Act of 1998 - Amends the Internal Revenue Code to expand permitted withdrawals from education individual retirement accounts to include: (1) qualified elementary and secondary education expenses (including home schooling expenses); and (2) qualified job training expenses. Increases from: (1) $500 to $2,500 the maximum amount which may annually be contributed to such an account; and (2) 18 to 55 the age until which contributions may be made to a beneficiary's account. Permits a deduction (for both itemizers and nonitemizers) for such contributions.

Education for Life Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expatriation Prevention by Abolishing Tax-Related Incentives for Offshore Tenancy'' or the ``Ex- PATRIOT Act''. SEC. 2. TAXATION OF CAPITAL GAINS OF NONRESIDENT ALIEN EXPATRIATES. (a) In General.--Paragraph (2) of section 871(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Capital gains.-- ``(A) In general.--In the case of-- ``(i) a nonresident alien individual present in the United States for a period or periods aggregating 183 days or more during the taxable year, or ``(ii) a specified expatriate, there is hereby imposed for such year a tax of 30 percent of the amount by which his gains, derived from sources within the United States, from the sale or exchange at any time during such year of capital assets exceed his losses, allocable to sources within the United States, from the sale or exchange at any time during such year of capital assets. For purposes of this paragraph, gains and losses shall be taken into account only if, and to the extent that, they would be recognized and taken into account if such gains and losses were effectively connected with the conduct of a trade or business within the United States, except that such gains and losses shall be determined without regard to section 1202 and such losses shall be determined without the benefits of the capital loss carryover provided in section 1212. Any gain or loss which is taken into account in determining the tax under paragraph (1) or subsection (b) shall not be taken into account in determining the tax under this paragraph. For purposes of this paragraph, a nonresident alien individual or specified expatriate not engaged in trade or business within the United States who has not established a taxable year for any prior period shall be treated as having a taxable year which is the calendar year. ``(B) Coordination with section 877a.--For purposes of subparagraph (A), in determining the amount of any gain or loss on the sale or exchange of any asset which is held by a specified expatriate and which was subject to section 877A, the basis in such asset shall be considered to be the fair market value of such asset on the day before the expatriation date (as defined in section 877A(g)(3)). ``(C) Specified expatriate.-- ``(i) In general.--For purposes of subparagraph (A), the term `specified expatriate' means, with respect to any taxable year, any covered expatriate (as defined in section 877A(g)(1)) whose expatriation date (as defined in section 877A(g)(3)) occurs after the date which is 10 years prior to the date of the enactment of this subparagraph. ``(ii) Exception.--An individual shall not be considered a specified expatriate if such individual establishes to the satisfaction of the Secretary that the loss of such individual's United States citizenship did not result in a substantial reduction in taxes.''. (b) Withholding.--Subsection (b) of section 1441 of the Internal Revenue Code of 1986 is amended by inserting ``gains subject to tax under section 871(a)(2) by reason of subparagraph (A)(ii) thereof,'' after ``section 871(a)(1)(D),''. (c) Effective Dates.-- (1) Taxation.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Withholding.--The amendment made by subsection (b) shall apply to payments made after the date of the enactment of this Act. SEC. 3. FORMER CITIZENS WHO RENOUNCED CITIZENSHIP TO AVOID TAXATION. (a) Inadmissibility of Former Citizens.--Section 212(a)(10)(E) of the Immigration and Nationality Act (8 U.S.C. 212(a)(10)(E)) is amended to read as follows: ``(E) Former citizens who renounced citizenship to avoid taxation.-- ``(i) In general.--Any alien who is determined by the Secretary of the Treasury to be a specified expatriate is inadmissible. ``(ii) Specified expatriate.--In this subparagraph, the term `specified expatriate' has the meaning given that term in section 871(a)(2)(C) of the Internal Revenue Code of 1986. ``(iii) Notification of excepted individuals.--The Secretary of the Treasury shall notify the Secretary of State and the Secretary of Homeland Security of the name of each individual who the Secretary of the Treasury has determined is not a specified expatriate under section 871(a)(2)(C)(ii) of the Internal Revenue Code of 1986.''. (b) Prohibition on Waiver of Inadmissibility.-- (1) In general.--Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C. 212(d)(3)) is amended-- (A) by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''; and (B) in subparagraph (A)-- (i) in clause (i), by striking ``and clauses (i) and (ii) of paragraph (3)(E)'' and inserting ``(3)(E)(i), (3)(E)(ii), or (10)(E)''; and (ii) in clause (ii), by striking ``and clauses (i) and (ii) of paragraph (3)(E)'' and inserting ``(3)(E)(i), (3)(E)(ii), or (10)(E)''. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury, or the Secretary's delegate, shall submit to Congress a report with recommendations (made in consultation with the Secretary of State and the Secretary of Homeland Security) for implementing a policy under which an individual who is a specified expatriate (as defined in section 871(a)(2)(C) of the Internal Revenue Code of 1986) may be granted a waiver of inadmissibility under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) if such individual satisfies requirements relating to such individual's tax status, such as a tax or penalty equal to the loss in tax revenue to the United States resulting from such individual's loss of United States citizenship.

Expatriation Prevention by Abolishing Tax-Related Incentives for Offshore Tenancy or the Ex-PATRIOT Act - Amends the Internal Revenue Code to impose a 30% tax and withholding on capital gains income realized by a nonresident alien individual present in the United States for periods aggregating 183 days or more or an expatriate who has renounced his or her U.S. citizenship for tax avoidance purposes (specified expatriate). Amends the Immigration and Nationality Act to: (1) render a specified expatriate inadmissible to the United States, and (2) prohibit any waiver of such inadmissibility. Directs the Secretary of the Treasury, in consultation with the Secretaries of State and Homeland Security (DHS), to develop a policy for granting a waiver of inadmissibility to a specified expatriate who satisfies a tax liability related to such expatriate's renunciation of of U.S. citizenship.

A bill to amend the Internal Revenue Code of 1986 to provide that persons renouncing citizenship for a substantial tax avoidance purpose shall be subject to tax and withholding on capital gains, to provide that such persons shall not be admissible to the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Main Street Recovery Act''. SEC. 2. TEMPORARY REINSTATEMENT OF REGULAR INVESTMENT TAX CREDIT. The current year business credit under section 38 of Internal Revenue Code of 1986 shall include the amount that would be determined under section 46(a) of such Code (without regard to paragraphs (2) and (3) of such subsection) (as such Code was in effect before the amendments made by the Revenue Reconciliation Act of 1990 (Public Law 101-508)) with respect to property placed in service after 2008 and before July 1, 2010, if the regular percentage were 15 percent. SEC. 3. TEMPORARY EXTENSION AND MODIFICATION OF SPECIAL ALLOWANCE FOR CERTAIN PROPERTY. (a) Temporary Extension.-- (1) In general.--Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``January 1, 2010'' and inserting ``July 1, 2011'', and (B) by striking ``January 1, 2009'' each place it appears and inserting ``July 1, 2010''. (2) Conforming amendments.-- (A) The heading for subsection (k) of section 168 of such Code is amended by striking ``January 1, 2009'' and inserting ``July 1, 2010''. (B) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking ``pre- january 1, 2009'' and inserting ``pre-july 1, 2010''. (C) Subparagraph (D) of section 168(k)(4) of such Code is amended-- (i) by striking ``and'' at the end of clause (i), (ii) by redesignating clause (ii) as clause (v), and (iii) by inserting after clause (i) the following new clauses: ``(ii) `April 1, 2008' shall be substituted for `January 1, 2008' in subparagraph (A)(iii)(I) thereof, ``(iii) `January 1, 2009' shall be substituted for `July 1, 2010' each place it appears, ``(iv) `January 1, 2010' shall be substituted for `July 1, 2011' in subparagraph (A)(iv) thereof, and''. (D) Subparagraph (B) of section 168(l)(5) of such Code is amended by striking ``January 1, 2009'' and inserting ``July 1, 2010''. (E) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking ``January 1, 2009'' and inserting ``July 1, 2010''. (b) Expansion to Certain Real Property.-- (1) In general.--Section 168(k)(2)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subclause (III), by inserting ``or'' at the end of subclause (IV), and by inserting after subclause (IV) the following new subclause: ``(V) which is nonresidential real property or residential rental property,''. (2) Conforming amendments.--Sections 1400L(b)(2)(A)(i)(I) and 1400N(d)(2)(A)(i)(I) of such Code are each amended by inserting ``subclause (I), (II), (III), or (IV) of'' before ``section 168(k)(2)(A)(i)''. (c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to property placed in service after December 31, 2008, in taxable years ending after such date. (2) Technical amendment.--Section 168(k)(4)(D)(ii) of the Internal Revenue Code of 1986, as added by subsection (a)(2)(C)(iii), shall apply to taxable years ending after March 31, 2008. SEC. 4. TEMPORARY INCREASE IN LIMITATIONS ON, AND MODIFICATION OF, EXPENSING OF CERTAIN DEPRECIABLE BUSINESS ASSETS. (a) In General.--Paragraph (7) of section 179(b) of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``, 2009, and 2010'' after ``2008'' in the heading, and (2) by inserting ``, 2009, or 2010'' after ``In the case of any taxable year beginning in 2008''. (b) Expensing Available for All Tangible Depreciable Property.-- Section 179(d)(1) of the Internal Revenue Code of 1986 (defining section 179 property) is amended by inserting ``and'' at the end of subparagraph (A)(ii), by striking subparagraph (B), and by redesignating subparagraph (C) as subparagraph (B). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.

Main Street Recovery Act - Provides for a 15% investment tax credit through June 30, 2010, for the purchase of business equipment and machinery. Amends the Internal Revenue Code to: (1) extend through June 30, 2010, the additional 50% depreciation allowance (bonus depreciation) for business and investment property; (2) allow such depreciation for nonresidential real property or residential rental property; and (3) extend through 2010 the increased expensing allowance for depreciable business assets and expand the types of depreciable property eligible for expensing.

A bill to amend the Internal Revenue Code of 1986 to stimulate business investment, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Information Transparency Act''. SEC. 2. DATA STANDARD REQUIREMENTS. (a) Requirement.--The Director of the Office of Management and Budget shall adopt a single data standard for the collection, analysis, and dissemination of business and financial information for use by private sector entities in accordance with section 3 for information required to be reported to the Federal Government, and a single data standard for use by agencies within the Federal Government in accordance with section 4 for Federal financial information. (b) Characteristics of Data Standards.--The single data standards required by subsection (a) shall-- (1) be common across all agencies, to the maximum extent practicable; (2) be a widely accepted, open source, non-proprietary, searchable, computer-readable format for business and financial data; (3) be consistent with and implement-- (A) United States generally accepted accounting principles or Federal financial accounting standards (as appropriate); (B) industry best practices; and (C) Federal regulatory requirements; (4) improve the transparency, consistency, and usability of business and financial information; and (5) be capable of being continually upgraded to be of maximum use as technologies and content evolve over time. SEC. 3. IMPLEMENTATION OF SINGLE DATA STANDARD FOR PRIVATE SECTOR. (a) OMB Guidance.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance to agencies on the use and implementation of the single data standard required by section 2 for information required to be reported to agencies by the private sector. (b) Agency Requirements.-- (1) Requirement.--To the maximum extent practicable and consistent with the guidance provided by the Office of Management and Budget under subsection (a), the head of each agency shall require the use of the single data standard required by section 2 for business and financial information reported to the agency by private sector companies. (2) Implementation.--The head of the agency shall begin implementing the requirement of paragraph (1) within one year after the date of the enactment of this Act. SEC. 4. IMPLEMENTATION OF SINGLE DATA STANDARD FOR FEDERAL GOVERNMENT. (a) OMB Development.--Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall develop the single data standard required by section 2 for use by agencies within the Federal Government for Federal financial information. (b) OMB Guidance.--Not later than 18 months after the date of the enactment of this Act, the Director shall issue guidance to agencies on the use and implementation of the single data standard developed under subsection (a). SEC. 5. PUBLIC ACCESS TO DATA. The head of each agency shall ensure that information collected using the single data standards required under this Act is accessible to the general public in that format to the extent permitted by law. SEC. 6. REPORT. Within one year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the status of the implementation of this Act. SEC. 7. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means any executive department, military department, Government corporation, Government controlled corporation, independent establishment, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, but does not include-- (A) the Government Accountability Office; (B) the Federal Election Commission; (C) the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions; or (D) Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities. (2) Executive department, military department, government corporation, government controlled corporation, independent establishment.--The terms ``Executive department'', ``military department'', ``Government corporation'', ``Government controlled corporation'', and ``independent establishment'' have the meanings given those terms by chapter 1 of title 5, United States Code. (3) Independent regulatory agency.--The term ``independent regulatory agency'' has the meaning given that term by section 3502(5) of title 44, United States Code.

Government Information Transparency Act - Requires the Director of the Office of Management and Budget (OMB) to adopt a single data standard for: (1) collection, analysis, and dissemination of business and financial information for use by private sector entities in accordance with this Act for information required to be reported to the federal government; and (2) use by agencies for federal financial information. Requires the standard to: (1) be common across all agencies; (2) be a widely accepted, open source, nonproprietary, searchable, computer-readable format for business and financial data; (3) be consistent with and implement U.S. generally accepted accounting principles for federal financial accounting standards, industry best practices, and federal regulatory requirements; (4) improve the transparency, consistency, and usability of business and financial information; and (5) be capable of being continually upgraded. Requires the Director: (1) within 180 days, to issue guidance to agencies on the use and implementation of the single data standard for information required to be reported to agencies by the private sector; (2) within one year, to develop the single data standard required for use by federal agencies for federal financial information; and (3) within 18 months, to issue guidance to agencies on the use and implementation of the single data standard. Directs each agency head to ensure that information collected using the single data standard is accessible to the general public. Requires the Director, within one year, to submit to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Government Affairs a report on the status of the implementation of this Act.

To improve the effectiveness of the Government's collection, analysis, and dissemination of business information by using modern interactive data technologies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Inspector General for the Troubled Asset Relief Program Act of 2009''. SEC. 2. AUDIT AND INVESTIGATION AUTHORITIES. Section 121 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231) is amended-- (1) in subsection (c), by adding at the end the following: ``(4)(A) Except as provided under subparagraph (B) and in addition to the duties specified in paragraphs (1), (2), and (3), the Special Inspector General shall have the authority to conduct, supervise, and coordinate an audit or investigation of any action taken under this title as the Special Inspector General determines appropriate. ``(B) Subparagraph (A) shall not apply to any action taken under section 115, 116, 117, or 125.''; and (2) in subsection (d)-- (A) in paragraph (2), by striking ``subsection (c)(1)'' and inserting ``subsection (c)(1) and (4)''; and (B) by adding at the end the following: ``(3) The Office of the Special Inspector General for the Troubled Asset Relief Program shall be treated as an office included under section 6(e)(3) of the Inspector General Act of 1978 (5 U.S.C. App.) relating to the exemption from the initial determination of eligibility by the Attorney General.''. SEC. 3. PERSONNEL AUTHORITIES. Section 121(e) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231(e)) is amended-- (1) in paragraph (1)-- (A) by inserting ``(A)'' after ``(1)''; and (B) by adding at the end the following: ``(B)(i) Subject to clause (ii), the Special Inspector General may exercise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (without regard to subsection (a) of that section). ``(ii) In exercising the employment authorities under subsection (b) of section 3161 of title 5, United States Code, as provided under clause (i) of this subparagraph-- ``(I) the Special Inspector General may not make any appointment on and after the date occurring 6 months after the date of enactment of the Special Inspector General for the Troubled Asset Relief Program Act of 2009; ``(II) paragraph (2) of that subsection (relating to periods of appointments) shall not apply; and ``(III) no period of appointment may exceed the date on which the Office of the Special Inspector General terminates under subsection (k).''; and (2) by adding at the end the following: ``(5)(A) Except as provided under subparagraph (B), if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position within the Office of the Special Inspector General for the Troubled Asset Relief Program, his annuity shall continue. An annuitant so reemployed shall not be considered an employee for purposes of chapter 83 or 84 of title 5, United States Code. ``(B) Subparagraph (A) shall apply to-- ``(i) not more than 25 employees at any time as designated by the Special Inspector General; and ``(ii) pay periods beginning after the date of enactment of the Special Inspector General for the Troubled Asset Relief Program Act of 2009.''. SEC. 4. RESPONSE TO AUDITS AND COOPERATION AND COORDINATION WITH OTHER ENTITIES. Section 121 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231) is amended-- (1) by redesignating subsections (f), (g), and (h) as subsections (i), (j), and (k), respectively; and (2) by inserting after subsection (e) the following: ``(f) Corrective Responses to Audit Problems.--The Secretary shall-- ``(1) take action to address deficiencies identified by a report or investigation of the Special Inspector General or other auditor engaged by the TARP; or ``(2) certify to appropriate committees of Congress that no action is necessary or appropriate. ``(g) Cooperation and Coordination With Other Entities.--In carrying out the duties, responsibilities, and authorities of the Special Inspector General under this section, the Special Inspector General shall work with each of the following entities, with a view toward avoiding duplication of effort and ensuring comprehensive oversight of the Troubled Asset Relief Program through effective cooperation and coordination: ``(1) The Inspector General of the Department of Treasury. ``(2) The Inspector General of the Federal Deposit Insurance Corporation. ``(3) The Inspector General of the Securities and Exchange Commission. ``(4) The Inspector General of the Federal Reserve Board. ``(5) The Inspector General of the Federal Housing Finance Board. ``(6) The Inspector General of any other entity as appropriate. ``(h) Council of the Inspectors General on Integrity and Efficiency.--The Special Inspector General shall be a member of the Council of the Inspectors General on Integrity and Efficiency established under section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) until the date of termination of the Office of the Special Inspector General for the Troubled Asset Relief Program.''. SEC. 5. REPORTING REQUIREMENTS. Subsection (i) (as so redesignated by section 4) of section 121 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231) is amended-- (1) in paragraph (1), by striking the first sentence and inserting ``Not later than 60 days after the confirmation of the Special Inspector General, and not later than 30 days following the end of each fiscal quarter, the Special Inspector General shall submit to the appropriate committees of Congress a report summarizing the activities of the Special Inspector General during that fiscal quarter.''; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (3) by inserting after paragraph (1) the following: ``(2) Not later than September 1, 2009, the Special Inspector General shall submit a report to Congress assessing use of any funds, to the extent practical, received by a financial institution under the TARP and make the report available to the public, including posting the report on the home page of the website of the Special Inspector General within 24 hours after the submission of the report.''; and (4) by adding at the end the following: ``(5) Except as provided under paragraph (3), all reports submitted under this subsection shall be available to the public.''. SEC. 6. FUNDING OF THE OFFICE OF THE SPECIAL INSPECTOR GENERAL. Subsection (j)(1) (as so redesignated by section 4) of section 121 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231) is amended by inserting before the period at the end the following: ``, not later than 7 days after the date of enactment of the Special Inspector General for the Troubled Asset Relief Program Act of 2009''. SEC. 7. COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY. The Special Inspector General for Iraq Reconstruction and the Special Inspector General for Afghanistan Reconstruction shall be a members of the Council of the Inspectors General on Integrity and Efficiency established under section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) until the date of termination of the Office of the Special Inspector General for Iraq Reconstruction and the Office of the Special Inspector General for Afghanistan Reconstruction, respectively.

Special Inspector General for the Troubled Asset Relief Program Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 to grant the Special Inspector General (SIG) authority to conduct, supervise, and coordinate an audit or investigation of any action taken with regard to the Troubled Asset Relief Program (TARP) that the SIG deems appropriate. Prohibits any audit or investigation, however, of any action related to: (1) graduated authorization to purchase troubled assets; (2) oversight and audits by the Comptroller General; (3) the Comptroller General's study and report on margin authority; and (4) the Congressional Oversight Panel. Authorizes the SIG to exercise specified employment authorities for additional personnel, but not after six months following enactment of this Act. Prohibits any period of appointment from exceeding the date on which the Office of the SIG terminates. States that if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed within the Office of the SIG for the Troubled Asset Relief Program, such annuity shall continue. Limits such allowance to: (1) not more than 25 employees at any time as designated by the SIG; and (2) only pay periods beginning after the enactment of this Act. Requires the Secretary of the Treasury either to: (1) take action to address deficiencies identified by a report or investigation of the SIG or other auditor engaged by the TARP; or (2) certify to congressional committees that no action is necessary or appropriate. Instructs the SIG to work with Inspectors General of designated federal agencies to: (1) avoid duplication of effort; and (2) ensure comprehensive oversight of TARP. Requires the SIG to: (1) report to Congress by September 1, 2009, on the use of any funds received by a financial institution under TARP; and (2) make such report available to the public, including on the home page of the SIG's website within 24 hours after its submission to Congress. Requires funding for the office of the SIG to be made available not later than seven days after the the date of enactment of this Act. Makes the Special Inspector General for Iraq Reconstruction and the Special Inspector General for Afghanistan Reconstruction members of the Council of the Inspectors General on Integrity and Efficiency until the termination of their respective Offices.

To amend the Emergency Economic Stabilization Act of 2008 to provide the Special Inspector General with additional authorities and responsibilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Exchange Act of 2011''. SEC. 2. TEACHER EXCHANGES. (a) State Use of Funds.--Section 2113(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613(c)) is amended by adding at the end the following: ``(19) Carrying out a teacher exchange under which the State educational agency-- ``(A) sends highly qualified teachers with at least 3 years of teaching experience to another State educational agency located in a different geographic region for a school year (in this paragraph referred to as the `receiving State educational agency'), provided that-- ``(i) 1 of the State educational agencies involved serves a high-need local educational agency; or ``(ii) the State educational agencies involved will be exchanging teachers in science, math, English as a second language, special education, or other subject areas that have a high need for qualified teachers, as determined by the Secretary; ``(B) ensures that the teachers remain subject to the terms and conditions of employment that would have applied if the teachers had remained at the State educational agency; ``(C) provides such teachers with payment of certain housing, travel, and other expenses incurred by such teachers during participation in the exchange; ``(D) requires such teachers to return to the State educational agency for a period of time following such teachers' participation in the exchange; and ``(E) develops and implements a plan to provide participating teachers with activities designed to promote professional development, which may include-- ``(i) an orientation session or courses to prepare such teachers for-- ``(I) the exchange experience; ``(II) the community in which the receiving State educational agency is located and the schools in such agency; and ``(III) the particular grade level and curriculum assigned to the participating teacher by the receiving State educational agency; ``(ii) a mentoring program through which each such teacher is paired with a mentor (who is not also a participating teacher) employed by the receiving State educational agency who teaches in the same grade level or subject area that the participating teacher has been assigned to teach under the exchange; ``(iii) a forum for participating teachers, led by an administrator or teacher at the receiving State educational agency, to engage in ongoing professional development focused on improving classroom instruction to result in improved student outcomes, including reading educational research, reviewing student work, creating and reviewing formative and summative assessments, analyzing data from student assessments, and tracking student progress; and ``(iv) content-specific programs designed to support participating teachers in teaching the specific curriculum in place at the receiving State educational agency and at the grade level to which each such teacher is assigned.''. (b) Local Use of Funds.--Section 2123(a) of such Act (20 U.S.C. 6623(a)) is amended by adding at the end the following: ``(11) Carrying out a teacher exchange (regardless of whether the State educational agency serving the local educational agency participates in such exchange) under which the local educational agency-- ``(A) sends highly qualified teachers with at least 3 years of teaching experience to another local educational agency located in a different geographic region (in this paragraph referred to as the `receiving local educational agency') for a school year (regardless of whether the State educational agency serving such local educational agency participates in such exchange), provided that-- ``(i) 1 of the local educational agencies involved is a high-need local educational agency; or ``(ii) the local educational agencies involved will be exchanging teachers in science, math, English as a second language, special education, or other subject areas that have a high need for qualified teachers, as determined by the Secretary; ``(B) ensures that the teachers remain subject to the terms and conditions of employment that would have applied if the teachers had remained at the local educational agency; ``(C) provides such teachers with payment of certain housing, travel, and other expenses incurred by such teachers during participation in the exchange; ``(D) requires such teachers to return to the local educational agency for a period of time following such teachers' participation in the exchange; and ``(E) develops and implements a plan to provide participating teachers with activities designed to promote professional development, which may include-- ``(i) an orientation session or courses to prepare such teachers for-- ``(I) the exchange experience; ``(II) the community in which the receiving local educational agency is located and the schools in such agency; and ``(III) the particular grade level and curriculum assigned to the participating teacher by the receiving local educational agency; ``(ii) a mentoring program through which each such teacher is paired with a mentor (who is not also a participating teacher) employed by the receiving local educational agency who teaches in the same grade level or subject area that the participating teacher has been assigned to teach under the exchange; ``(iii) a forum for participating teachers, led by an administrator or teacher at the receiving local educational agency, to engage in ongoing professional development focused on improving classroom instruction to result in improved student outcomes, including reading educational research, reviewing student work, creating and reviewing formative and summative assessments, analyzing data from student assessments, and tracking student progress; and ``(iv) content-specific programs designed to support participating teachers in teaching the specific curriculum in place at the receiving local educational agency and at the grade level to which each such teacher is assigned.''.

Teacher Exchange Act of 2011 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to authorize states to use their grant under part A (Teacher and Principal Training and Recruiting Fund) of title II of the ESEA to carry out a teacher exchange sending highly qualified teachers with at least three years of teaching experience to another state in a different region for a school year. Requires: (1) at least one of the states involved in an exchange to serve a high-need local educational agency (LEA), or (2) the states to be exchanging teachers in subjects that have a high need for qualified teachers. Requires states to maintain the employment terms of teachers participating in the exchange, cover their expenses, and provide them with training. Requires the teachers to return to their state following their participation in the exchange. Authorizes LEAs to use their subgrant under part A of title II of the ESEA to carry out a teacher exchange (regardless of whether or not their states are participating in the exchange) sending highly qualified teachers with at least three years of teaching experience to another LEA in a different region for a school year. Requires: (1) at least one of the LEAs involved in an exchange to be a high-need LEA, or (2) the LEAs to be exchanging teachers in subjects that have a high need for qualified teachers. Requires LEAs to maintain the employment terms of teachers participating in the exchange, cover their expenses, and provide them with training. Requires the teachers to return to their LEA following their participation in the exchange.

To amend title II of the Elementary and Secondary Education Act of 1965 to authorize State educational agencies and local educational agencies to carry out teacher exchanges.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Vision Rehabilitation Services Act of 2002''. SEC. 2. IMPROVEMENT OF OUTPATIENT VISION SERVICES UNDER PART B. (a) Coverage Under Part B.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) vision rehabilitation services (as defined in subsection (ww)(1));''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Vision Rehabilitation Services: Vision Rehabilitation Professional ``(ww)(1)(A) The term `vision rehabilitation services' means rehabilitative services (as determined by the Secretary in regulations) furnished-- ``(i) to an individual diagnosed with a vision impairment (as defined in paragraph (6)), ``(ii) pursuant to a plan of care established by a qualified physician (as defined in subparagraph (C)), or by a qualified occupational therapist, and is periodically reviewed by the qualified physician, ``(iii) in an appropriate setting (including the home of the individual receiving such services if specified in the plan of care), and ``(iv) by any of the following individuals: ``(I) A qualified physician. ``(II) A qualified occupational therapist. ``(III) A vision rehabilitation professional (as defined in paragraph (2)) while under the general supervision (as defined in subparagraph (D)) of a qualified physician. ``(B) In the case of vision rehabilitation services furnished by a vision rehabilitation professional, the plan of care may only be established and reviewed by a qualified physician. ``(C) The term `qualified physician' means-- ``(i) a physician (as defined in subsection (r)(1)) who is an ophthalmologist; or ``(ii) a physician (as defined in subsection (r)(4) (relating to a doctor of optometry)). ``(D) The term `general supervision' means, with respect to a vision rehabilitation professional, overall direction and control of that professional by the qualified physician who established the plan of care for the individual, but the presence of the qualified physician is not required during the furnishing of vision rehabilitation services by that professional to the individual. ``(2) The term `vision rehabilitation professional' means any of the following individuals: ``(A) An orientation and mobility specialist (as defined in paragraph (3)). ``(B) A rehabilitation teacher (as defined in paragraph (4)). ``(C) A low vision therapist (as defined in paragraph (5)). ``(3) The term `orientation and mobility specialist' means an individual who-- ``(A) if a State requires licensure or certification of orientation and mobility specialists, is licensed or certified by that State as an orientation and mobility specialist; ``(B)(i) holds a baccalaureate or higher degree from an accredited college or university in the United States (or an equivalent foreign degree) with a concentration in orientation and mobility; and ``(ii) has successfully completed 350 hours of clinical practicum under the supervision of an orientation and mobility specialist and has furnished not less than 9 months of supervised full-time orientation and mobility services; ``(C) has successfully completed the national examination in orientation and mobility administered by the Academy for Certification of Vision Rehabilitation and Education Professionals; and ``(D) meets such other criteria as the Secretary establishes. ``(4) The term `rehabilitation teacher' means an individual who-- ``(A) if a State requires licensure or certification of rehabilitation teachers, is licensed or certified by the State as a rehabilitation teacher; ``(B)(i) holds a baccalaureate or higher degree from an accredited college or university in the United States (or an equivalent foreign degree) with a concentration in rehabilitation teaching, or holds such a degree in a health field; and ``(ii) has successfully completed 350 hours of clinical practicum under the supervision of a rehabilitation teacher and has furnished not less than 9 months of supervised full-time rehabilitation teaching services; ``(C) has successfully completed the national examination in rehabilitation teaching administered by the Academy for Certification of Vision Rehabilitation and Education Professionals; and ``(D) meets such other criteria as the Secretary establishes. ``(5) The term `low vision therapist' means an individual who-- ``(A) if a State requires licensure or certification of low vision therapists, is licensed or certified by the State as a low vision therapist; ``(B)(i) holds a baccalaureate or higher degree from an accredited college or university in the United States (or an equivalent foreign degree) with a concentration in low vision therapy, or holds such a degree in a health field; and ``(ii) has successfully completed 350 hours of clinical practicum under the supervision of a physician, and has furnished not less than 9 months of supervised full-time low vision therapy services; ``(C) has successfully completed the national examination in low vision therapy administered by the Academy for Certification of Vision Rehabilitation and Education Professionals; and ``(D) meets such other criteria as the Secretary establishes. ``(6) The term `vision impairment' means vision loss that constitutes a significant limitation of visual capability resulting from disease, trauma, or a congenital or degenerative condition that cannot be corrected by conventional means, including refractive correction, medication, or surgery, and that is manifested by one or more of the following: ``(A) Best corrected visual acuity of less than 20/60, or significant central field defect. ``(B) Significant peripheral field defect including homonymous or heteronymous bilateral visual field defect or generalized contraction or constriction of field. ``(C) Reduced peak contrast sensitivity in conjunction with a condition described in subparagraph (A) or (B). ``(D) Such other diagnoses, indications, or other manifestations as the Secretary may determine to be appropriate.''. (c) Payment Under Part B.-- (1) Physician fee schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(W),'' after ``(2)(S),''. (2) Carve out from hospital outpatient department prospective payment system.--Section 1833(t)(1)(B)(iv) of such Act (42 U.S.C. 1395l(t)(1)(B)(iv)), as redesignated by section 201(e)(1)(B) of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (as enacted into law by section 1000(a)(6) of Public Law 106-113), is amended by inserting ``vision rehabilitation services (as defined in section 1861(ww)(1)), or'' after ``does not include''. (3) Clarification of billing requirements.--The first sentence of section 1842(b)(6) of such Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(G)''; and (B) by inserting before the period the following: ``, and (H) in the case of vision rehabilitation services (as defined in section 1861(ww)(1)) furnished by a vision rehabilitation professional (as defined in section 1861(ww)(2)) while under the general supervision (as defined in section 1861(ww)(1)(D)) of a qualified physician (as defined in section 1861(ww)(1)(C)), payment shall be made to (i) the qualified physician or (ii) the facility (such as a rehabilitation agency, a clinic, or other facility) through which such services are furnished under the plan of care if there is a contractual arrangement between the vision rehabilitation professional and the facility under which the facility submits the bill for such services''. (d) Plan of Care.--Section 1835(a)(2) of the Social Security Act (42 U.S.C. 1395n(a)(2)) is amended-- (1) in subparagraph (E), by striking ``and'' at the end; (2) in subparagraph (F), by striking the period and inserting ``; and''; and (3) by inserting after subparagraph (F) the following new subparagraph: ``(G) in the case of vision rehabilitation services, that (i) such services are or were required because the individual needed vision rehabilitation services, (ii) an individualized, written plan for furnishing such services has been established (I) by a qualified physician (as defined in section 1861(ww)(1)(C)), (II) by a qualified occupational therapist, or (III) in the case of such services furnished by a vision rehabilitation professional, by a qualified physician, (iii) the plan is periodically reviewed by the qualified physician, and (iv) such services are or were furnished while the individual is or was under the care of the qualified physician.''. (e) Relationship to Rehabilitation Act of 1973.--The provision of vision rehabilitation services under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) shall not be taken into account for any purpose under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). (f) Effective Date.-- (1) Interim, final regulations.--The Secretary of Health and Human Services shall publish a rule under this section in the Federal Register by not later than 180 days after the date of the enactment of this section to carry out the provisions of this section. Such rule shall be effective and final immediately on an interim basis, but is subject to change and revision after public notice and opportunity for a period (of not less than 60 days) for public comment. (2) Consultation.--The Secretary of Health and human Services shall consult with the National Vision Rehabilitation Cooperative, the Association for Education and Rehabilitation of the Blind and Visually Impaired, the Academy for Certification of Vision Rehabilitation and Education Professionals, the American Academy of Ophthalmology, the American Occupational Therapy Association, the American Optometric Association, and such other qualified professional and consumer organizations as the Secretary determines appropriate in promulgating regulations to carry out this Act.

Medicare Vision Rehabilitation Services Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for coverage of outpatient vision rehabilitation services under part B (Supplementary Medical Insurance) of the Medicare program.

A bill to amend title XVIII of the Social Security Act to improve outpatient vision services under part B of the medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on Employment and Economic Security Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Americans' commitment to economic participation has been a defining feature of the cultural fabric of the United States, helping individuals feel positive about themselves, develop independence, and maintain hope for the future. (2) During the recession that began in December 2007, more than 8.7 million jobs were lost. The scope of the economic downturn was so large that its impact was felt almost everywhere along the economic spectrum, and continues to be felt in many communities across the Nation. (3) As Americans lose their jobs and their incomes shrink, too often, they also face the loss of their family's health insurance and, subsequent to the loss of income, even their housing. (4) Research has shown that people who have experienced home-foreclosure are at risk for severe depressive symptoms and increased risk for mental illness. In a 2009 study from the American Journal of Public Health, more than 37 percent of people going through foreclosure met criteria for ``major depression''. (5) The loss of a job and the subsequent loss of income, insurance, and other benefits from that job have been proven to not only lead to increased stress but also be substantial triggers for mental health disorders including depression and anxiety. (6) Calls to the National Suicide Prevention Lifeline increased by more than 72 percent from 2007 to 2010. (7) According to the Bureau of Labor Statistics, the unemployment rate hovered between 8.9 and 10 percent from April 2009 to October 2011, peaking at 10.0 percent in October 2009. By October 2009, the number of unemployed persons had reached nearly 15.4 million, and has yet to fall below 11 million. (8) The number of long-term unemployed workers (those jobless for 27 weeks or more) was 6.2 million in September 2011, an increase of 426 percent since the beginning of the recession in 2007. In August 2013, 4.3 million Americans were classified as long-term unemployed. (9) According to an American Psychological Association September 2010 report, money (76 percent), work (70 percent) and the economy (65 percent) remained the most frequently cited sources of stress for Americans at the height of the recession. A recent report from February 2013 found that even as the economy improves, these factors are relatively unchanged. Money (69 percent), work (65 percent), and the economy (61 percent) remain high sources of stress for Americans. (10) According to the same 2010 American Psychological Association report, job stability rose as a source of stress. Nearly half (49 percent) of adults reported that job stability was a source of stress in 2010, compared to 44 percent in 2009. During the same time period, fewer Americans were satisfied with the ways their employer helped them balance work and non- work demands (36 percent compared to 42 percent in 2009). (11) Research shows that time flexible work policies are associated with less stress, fewer absences from work, and more employer loyalty. (12) Since March 2010, 7.5 million private-sector jobs have been created in 42 straight months of job growth. During the same time period, the unemployment rate has fallen from 9.9 percent to 7.2 percent. The Congressional Budget Office projects that the unemployment rate will not fall below 6 percent until the end of 2016, and will remain above 5 percent through 2023. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``National Commission on Employment and Economic Security''. SEC. 4. DUTIES OF COMMISSION. The Commission shall-- (1) examine the issues of economic and psychological insecurity of members of the United States workforce caused by employment displacement; (2) gather data on the relationship between psychological stress caused by employment insecurity and economic insecurity, the increase in mental health disorders including clinical depression and anxiety in the United States, and increased violence by employees and former employees in the workplace and in their private lives; (3) analyze the psychological impact of increased workplace responsibilities and stress on current workers due to downsizing, and the role of workplace flexibility policies in alleviating stress on these remaining workers; (4) examine the economic and psychological effects of the decreasing number of well-paid jobs on members of the United States workforce and their families; (5) analyze whether measures may be taken to reduce said economic and psychological effects; and (6) recommend potential solutions, including recommendations for legislative and administrative action, to alleviate the problems of economic and psychological insecurity of members of the United States workforce. SEC. 5. MEMBERSHIP OF COMMISSION. (a) Number and Appointment.--The Commission shall be composed of 17 members, with expertise in research methods or statistics, who shall be appointed as follows: (1) Nine individuals appointed by the President, of which-- (A) 2 members shall be individuals who represent labor organizations, as defined by section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)); (B) 2 members shall be individuals who represent business interests; (C) 2 members shall be individuals who represent mental health interests; and (D) 3 members shall be individuals who represent relevant Federal agencies. (2) Two individuals appointed by the Speaker of the House of Representatives. (3) Two individuals appointed by the minority leader of the House of Representatives. (4) Two individuals appointed by the majority leader of the Senate. (5) Two individuals appointed by the minority leader of the Senate. (b) Qualifications.-- (1) In general.--Members shall be experts in the fields of labor, employment, economics, and psychology. (2) Political affiliation.--Political affiliation shall not be a factor in the appointment of members. (c) Deadline for Appointment.--Each member shall be appointed to the Commission not later than 90 days after the date of enactment of this Act. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Basic Pay.--Members shall serve without pay. (g) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (h) Quorum.--Eight members of the Commission shall constitute a quorum but a lesser number may hold hearings. (i) Chairperson.-- (1) In general.--The Chairperson of the Commission shall be elected by the members not later than 30 days after the date on which all of the original members of the Commission have been appointed. (2) Presidential appointment.--If the members of the Commission are unable to elect the Chairperson in accordance with paragraph (1), the President shall appoint a member of the Commission to be the Chairperson. (j) Meetings.--The Commission shall meet at the call of the Chairperson. SEC. 6. STAFF OF COMMISSION. (a) Staff.--The Chairperson may appoint and fix the pay of the personnel of the Commission as the Chairperson considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (c) Staff of Federal Agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any Federal department or agency information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall provide that information to the Commission. (d) Mail.--The Commission may use the United States mail in the same manner and under the same conditions as other Federal departments and agencies. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Immunity.--The Commission is an agency of the United States for purpose of part V of title 18, United States Code (relating to immunity of witnesses). (g) Subpoena Power.-- (1) In general.--The Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter described in paragraphs (1) through (3) of section 4. (2) Failure to obey an order or subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (h) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 8. REPORT OF COMMISSION. Not later than 1 year after the date on which all original members have been appointed to the Commission, the Commission shall transmit to the President and Congress a report that contains a detailed statement of the findings and recommendations of the Commission made pursuant to section 4. SEC. 9. TERMINATION OF COMMISSION. (a) Termination.--The Commission shall terminate 60 days after the date of submission of the report pursuant to section 8. (b) Administrative Activities Before Termination.--The Commission may use the 60-day period referred to in subsection (a) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the second report. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $2,000,000 for fiscal year 2012 for use in the development and implementation of plans under this Act. (b) Availability.--Amounts authorized to be appropriated by subsection (a) are authorized to remain available until expended.

National Commission on Employment and Economic Security Act - Establishes the National Commission on Employment and Economic Security to: (1) examine the effects of economic and psychological insecurity caused by employment displacement and the decreasing number of well-paid jobs on U.S. workers and their families; and (2) recommend to the President and Congress potential solutions, including legislative and administrative action, to alleviate such problems.

National Commission on Employment and Economic Security Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Gun Safety and Gun Access Prevention Act of 2001''. SEC. 2. INCREASING YOUTH GUN SAFETY BY RAISING THE AGE OF HANDGUN ELIGIBILITY AND PROHIBITING YOUTH FROM POSSESSING SEMIAUTOMATIC ASSAULT WEAPONS. Section 922(x) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``juvenile'' and inserting ``person who is less than 21 years of age''; (B) by striking ``or'' at the end of subparagraph (A); (C) by striking the period at the end of subparagraph (B) and inserting a semicolon; and (D) by adding at the end the following: ``(C) a semiautomatic assault weapon; or ``(D) a large capacity ammunition feeding device.''; (2) in paragraph (2)-- (A) by striking ``a juvenile'' and inserting ``less than 21 years of age''; (B) by striking ``or'' at the end of subparagraph (A); (C) by striking the period at the end of subparagraph (B) and inserting a semicolon; and (D) by inserting at the end the following: ``(C) a semiautomatic assault weapon; or ``(D) a large capacity ammunition feeding device.''; (3) in paragraph (3)(A), by inserting ``temporary'' before ``possession''; (4) in paragraph (3)(B), by striking ``juvenile'' and inserting ``person who is less than 21 years of age''; (5) in paragraph (3)(C), by striking ``juvenile; or'' and inserting ``person who is less than 21 years of age;''; (6) by striking subparagraph (D) of paragraph (3) and inserting the following: ``(D) the possession of a handgun or ammunition by a person who is less than 21 years of age taken in defense of that person or other persons against an intruder into the residence of that person or a residence in which that person is an invited guest; or''; (7) by adding at the end of paragraph (3) the following: ``(E) a temporary transfer of a handgun or ammunition to a person who is at least 18 years of age and less than 21 years of age, or the temporary use or possession of a handgun or ammunition by a person who is at least 18 years of age and less than 21 years of age, if the handgun and ammunition are possessed and used by the person-- ``(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the person (or on property used for ranching or farming at which the person, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun; and ``(ii) in accordance with State and local law.''; and (8) by amending paragraph (4) to strike ``juvenile'' wherever it appears and insert ``person who is less than 21 years of age''. SEC. 3. ENHANCED PENALTY FOR YOUTH POSSESSION OF HANDGUNS AND SEMIAUTOMATIC ASSAULT WEAPONS AND FOR THE TRANSFER OF SUCH WEAPONS TO YOUTH. Section 924(a)(6) of title 18, United States Code, is amended to read as follows: ``(6)(A) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than one year, or both, and for a second or subsequent violation, or for a first violation committed after an adjudication of delinquency or after a State or Federal conviction for an act that, if committed by an adult, would be a serious violent felony (as defined in section 3559(c) of this title), shall be fined under this title, imprisoned not more than five years, or both. ``(B) A person other than a juvenile who knowingly violates section 922(x)-- ``(i) shall be fined under this title, imprisoned not more than five years, or both; and ``(ii) if the person sold, delivered, or otherwise transferred a handgun, ammunition, semiautomatic assault weapon, or large capacity ammunition feeding device to a person who is less than 21 years of age knowing or having reasonable cause to know that such person intended to carry or otherwise possess or discharge or otherwise use the handgun, ammunition, semiautomatic assault weapon, or large capacity ammunition feeding device in the commission of a crime of violence, shall be fined under this title, imprisoned for not more than 10 years, or both.''. SEC. 4. GUN STORAGE AND SAFETY DEVICES FOR ALL FIREARMS. (a) Secure Gun Storage or Safety Devices by Federal Firearms Licensees.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(z) It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, transfer, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, or licensed dealer) unless the transferee is provided with a secure gun storage or safety device.''. (b) Penalties.--Section 924 of such title is amended-- (1) in subsection (a)(1) by inserting ``, or (p)'' before ``of this section''; and (2) by adding at the end the following: ``(p) The Secretary may, after notice and opportunity for hearing, suspend or revoke any license issued under this chapter or may subject the licensee to a civil penalty of not more than $10,000 if the holder of such license has knowingly violated section 922(z) of this chapter. The Secretary's actions under this subsection may be reviewed only as provided in section 923(f).''. (c) Repeal of Inconsistent Provisions.-- (1) Section 923(d)(1) of such title is amended-- (A) in subparagraph (E) by adding at the end ``and''; (B) in subparagraph (F) by striking ``; and'' and inserting a period; and (C) by striking subparagraph (G). (2) Section 923(e) of such title is amended by striking ``or fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, shall not be considered to be in violation of the requirement to make available such a device)''. (3) Section 119 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is amended by striking subsection (d). (d) Effective Date.--The amendments made by this section shall be effective 180 days after the date of enactment of this Act. SEC. 5. RESPONSIBILITY OF ADULTS FOR DEATH AND INJURY CAUSED BY CHILD ACCESS TO FIREARMS. Section 922 of title 18, United States Code, is further amended by adding at the end the following: ``(aa)(1) In this subsection, the term `child' means an individual who has not attained the age of 18 years. ``(2) Except as provided in paragraph (3), any person who-- ``(A) keeps a loaded firearm, or an unloaded firearm and ammunition for the firearm, any one of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person; and ``(B) knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and ``(C)(i) knows, or recklessly disregards the risk, that a child will use the firearm to cause death or serious bodily injury (as defined in section 1365 of this title) to the child or any other person; or ``(ii) knows, or recklessly disregards the risk, that possession of the firearm by the child is unlawful under Federal or State law, if the child uses the firearm to cause death or serious bodily injury to the child or any other person, shall be imprisoned not more than 3 years, fined under this title, or both. ``(3) Paragraph (2) shall not apply if-- ``(A) at the time the child obtained access, the firearm was secured with a secure gun storage or safety device; ``(B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity; ``(C) the child uses the firearm in a lawful act of self- defense or defense of 1 or more other persons; or ``(D) the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept.''. SEC. 6. REQUIREMENT THAT CHILD BE ACCOMPANIED BY AN ADULT DURING A GUN SHOW. (a) Prohibitions.--Section 922 of title 18, United States Code, is further amended by adding at the end the following: ``(bb)(1) The parent or legal guardian of a child shall ensure that, while the child is attending a gun show, the child is accompanied by an adult. ``(2) It shall be unlawful for a person to conduct a gun show to which there is admitted a child who is not accompanied by an adult. ``(3) In this subsection: ``(A) The term `child' means an individual who has not attained 18 years of age. ``(B) The term `adult' means an individual who has attained 18 years of age.''. (b) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(7) Whoever violates section 922(bb) in a State shall be punished in accordance with the laws of the State that apply to persons convicted of child abandonment.''. SEC. 7. GRANTS FOR GUN SAFETY EDUCATION PROGRAMS. (a) Program Authority.--The Attorney General is authorized to provide grants to units of local government to enable law enforcement agencies to develop and sponsor gun safety classes for parents and their children. (b) Application.-- (1) In general.--Any unit of local government that desires to receive a grant award under this section shall submit an application to the Attorney General at such time, in such manner and containing such information as the Attorney General may reasonably require. (2) Contents.--Each application referred to in paragraph (1) shall include an assurance that-- (A) funds received under this section shall be used only to provide funds to law enforcement agencies to provide gun safety classes; and (B) gun safety classes will be offered at times convenient to parents, including evenings and weekends. (c) Regulations.--The Attorney General shall issue any regulations necessary to carry out this section. SEC. 8. EDUCATION: NATIONWIDE FIREARMS SAFETY PROGRAMS. It is the sense of Congress that-- (1) each school district should provide or participate in a firearms safety program for students in grades kindergarten through 12 and should consult with a certified firearms instructor before establishing the curriculum for the program; and (2) participation by students in a firearms safety program should not be mandatory if the district receives written notice from a parent of the student to exempt the student from the program.

Child Gun Safety and Gun Access Prevention Act of 2001 - Amends the Brady Handgun Violence Prevention Act to: (1) raise the age of handgun eligibility to 21 (currently, 18); and (2) prohibit persons under age 21 from possessing semiautomatic assault weapons or large capacity ammunition feeding devices, with exceptions.Increases penalties for: (1) a second or subsequent violation by a juvenile of Brady Act provisions or for a first violation committed after an adjudication of delinquency or after a State or Federal conviction for an act that, if committed by an adult, would be a serious violent felony; and (2) transferring a handgun, ammunition, semiautomatic assault weapon, or large capacity ammunition feeding device to a person who is under age 21, knowing or having reasonable cause to know that such person intended to use it in the commission of a crime of violence.Prohibits any licensed importer, manufacturer, or dealer from transferring a firearm to any person (other than a licensed importer, manufacturer, or dealer) unless the transferee is provided with a secure gun storage or safety device. Authorizes the Secretary of the Treasury to suspend or revoke any firearms license, or to subject the licensee to a civil penalty of up to $10,000, if the licensee has knowingly violated this prohibition.Prohibits keeping a loaded firearm or an unloaded firearm and ammunition within any premises knowing or recklessly disregarding the risk that a child: (1) is capable of gaining access to it; and (2) will use the firearm to cause death or serious bodily injury.Requires the parent or legal guardian of a child to ensure that a child attending a gun show is accompanied by an adult.Authorizes the Attorney General to provide grants to enable local law enforcement agencies to develop and sponsor gun safety classes for parents and children.Expresses the sense of Congress that each school district should provide or participate in a firearms safety program for students.

To prevent children's access to firearms.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Bankruptcy Relief and Community Protection Act of 2005''. SEC. 2. BANKRUPTCY RELIEF FOR VICTIMS OF HURRICANE KATRINA. (a) In General.--Notwithstanding any other provision of law, the provisions of title 11, United States Code, as in effect on August 29, 2005, shall apply to any case described in subsection (b). (b) Eligibility.--A case described in this subsection is a case commenced during the 12-month period beginning on the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, under title 11, United States Code (other than under chapter 12 of that title 11), by or on behalf of a debtor-- (1) who resides, or who resided on August 29, 2005, in any area that is subject to a declaration by the President of a major disaster, as defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) in connection with Hurricane Katrina; and (2) whose financial condition is materially adversely affected by the major disaster. SEC. 3. DEFINITIONS; WHO MAY BE A DEBTOR. (a) Current Monthly Income.--Section 101(10A)(B) of title 11, United States Code, is amended-- (1) by striking ``and payments'' and inserting ``payments''; and (2) by inserting before the period at the end ``, and payments to victims of a natural disaster, on account of their status as victims of a natural disaster''. (b) Natural Disaster; Natural Disaster Zone.--Section 101 of title 11, United States Code, is amended-- (1) by redesignating paragraphs (40A) and (40B) as paragraphs (40C) and (40D), respectively; and (2) by inserting after paragraph (40) the following: ``(40A) The term `natural disaster' means-- ``(A) a major disaster, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); or ``(B) a situation similar to such a major disaster (as so defined), with respect to which a determination is made in accordance with State law that such situation exists. ``(40B) The term `natural disaster zone' means the geographical area included in the determination of a natural disaster.''. (c) Victim of Natural Disaster.--Section 101 of title 11, United States Code, is amended by adding at the end the following: ``(56) The term `victim of a natural disaster' means a person-- ``(A) whose financial condition is materially adversely affected by a natural disaster; and ``(B) whose domicile, residence, or principal place of business in the United States, or whose principal assets in the United States, were located in a natural disaster zone immediately preceding the event that caused the natural disaster.''. (d) Who May Be a Debtor.--Section 109(h)(4) of title 11, United States Code, is amended by inserting ``natural disaster,'' after ``disability,''. SEC. 4. AMENDMENTS TO CHAPTER 3. Section 362(b)(22) of title 11, United States Code, is amended by inserting ``(excluding a debtor who is a victim of a natural disaster)'' after ``debtor'' the first place that term appears. SEC. 5. AMENDMENTS TO CHAPTER 5. Section 521 of title 11, United States Code, is amended by adding at the end the following: ``(k) The Court may extend any time period specified in this section as may be necessary if-- ``(1) the debtor is a victim of a natural disaster; and ``(2) the debtor's status as a victim of a natural disaster necessitates such extension of time.''. SEC. 6. AMENDMENTS TO CHAPTER 7. (a) Debtor's Monthly Expenses.--Section 707(b)(2)(A)(ii) of title 11, United States Code, is amended by adding at the end the following: ``(IV) In addition, the debtor's monthly expenses may include the actual reasonably necessary expenses incurred as a result of being a victim of a natural disaster.''. (b) Limitation on Conversion of Case.--Section 707(b)(2) of title 11, United States Code, is amended by adding at the end the following: ``(E) Subparagraphs (A), (B), and (C) shall not apply, and the court may not dismiss or convert a case under this subsection, if the debtor is a victim of a natural disaster.''. SEC. 7. AMENDMENTS TO CHAPTER 11. (a) Conversion of Case.--Section 1112(b) of title 11, United States Code, is amended-- (1) in paragraph (2)(B)(i), by inserting ``, including a natural disaster'' before the semicolon; and (2) in paragraph (3), by inserting ``(including a natural disaster)'' after ``circumstances''. (b) Who May File a Plan.--Section 1121(e)(3) of title 11, United States Code, is amended-- (1) in subparagraph (A), by inserting ``(i)'' after ``(A)''; (2) in subparagraph (C), by striking the period at the end and inserting ``; or''; (3) by redesignating subparagraphs (B) and (C) as clauses (ii) and (iii), respectively; and (4) by adding at the end the following: ``(B) the debtor is unable to meet the deadline because of a natural disaster.''. (c) Extension of Time for Small Businesses.--Chapter 11 of title 11, United States Code, is amended-- (1) in the table of sections, by adding at the end the following: ``1117. Extension of time for small businesses''; and (2) in subchapter I, by adding at the end the following: ``Sec. 1117. Extension of time for small businesses ``Notwithstanding any other provision of this title, in a small business case, the court may extend any deadline specified in this chapter if the court finds that such extension is-- ``(1) necessary to protect the best interests of the creditors and the estate; or ``(2) warranted by a natural disaster.''. SEC. 8. AMENDMENTS TO CHAPTER 13. (a) Conversion or Dismissal.--Section 1307(e) of title 11, United States Code, is amended by adding at the end the following: ``The Court may extend any time period specified in this subsection as may be necessary if-- ``(1) the debtor is a victim of a natural disaster; and ``(2) the debtor's status as a victim of a natural disaster necessitates such extension of time.''. (b) Filing of Prepetition Tax Returns.--Section 1308 of title 11, United States Code, is amended by adding at the end the following: ``(d) The Court may extend any time period specified in this subsection as may be necessary if-- ``(1) the debtor is a victim of a natural disaster; and ``(2) the debtor's status as a victim of a natural disaster necessitates such extension of time.''. SEC. 9. AMENDMENTS TO TITLE 28, UNITED STATES CODE. Section 1408 of title 28, United States Code, is amended-- (1) by inserting ``(a)'' before ``Except'', and (2) by adding at the end the following: ``(b) If a case under title 11 cannot be commenced in a district court described in subsection (a) because a person is the victim of a natural disaster (as defined in section 101 of title 11), then a case under title 11 may be commenced by such person in the district court for the district in which such person resides.''. SEC. 10. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--This Act and the amendments made by this Act shall take effect on October 18, 2005. (b) Application of Amendments.--The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on and after October 17, 2005.

Hurricane Katrina Bankruptcy Relief and Community Protection Act of 2005 - Applies the provisions of federal bankruptcy law, as in effect on August 29, 2005, to any case commenced (except under chapter 12) during the 12-month period beginning on October 17, 2005, (the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)) by a debtor: (1) who on August 29, 2005, resided in any area declared by the President as a major disaster related to Hurricane Katrina; and (2) whose financial condition is materially adversely affected by such disaster. Authorizes the bankruptcy court to extend statutory deadlines governing debtor's submission of specified financial documentation if the debtor's status as a victim of a natural disaster necessitates such extension. Expands debtor's non-abusive monthly expenses to include actual reasonably necessary expenses incurred as a result of being a victim of a natural disaster. States that if the debtor is a victim of a natural disaster: (1) the presumption of bankruptcy abuse is inapplicable; and (2) the court may not dismiss or convert the case for either an individual (Chapter 7) or a business debtor (Chapter 11). Authorizes the court to grant an extension of time to comply with bankruptcy deadlines if it finds that: (1) it is warranted by a natural disaster in the case of a small business debtor; and (2) the debtor's status as a victim of a natural disaster necessitates such extension in the case of a chapter 13 debtor capable of making periodic payments. Amends the federal judicial code to permit a case in bankruptcy to be commenced in the district court for the district in which a person who is the victim of a natural disaster resides.

A bill to amend title 11, United States Code, to provide relief to victims of Hurricane Katrina and other natural disasters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Historic Ball Park Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) Park.--The term ``park'' means a stadium designated as a National Historic Ball Park by section 3. (2) Commission.--The term ``Advisory Commission'' means the National Historic Ball Park Acquisition Advisory Commission established and reestablished under section 7. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. DESIGNATION OF HISTORIC BALL PARKS. In order to preserve the character of the following areas and to provide for the interpretation of the significant contribution of these areas to American culture, each of the following stadiums is hereby designated as a National Historic Ball Park: (1) Tiger Stadium, Detroit, Michigan. (2) Fenway Park, Boston, Massachusetts. (3) Wrigley Field, Chicago, Illinois. (4) Yankee Stadium, New York, New York. SEC. 4. COOPERATION AGREEMENTS FOR PRESERVATION OF NATIONAL HISTORIC BALL PARKS. (a) In General.--The Secretary shall seek to enter into cooperative agreements with the owners of any of the parks specified in section 3 for the protection and preservation of the park. Each cooperative agreement shall provide-- (1) that the owners will hold and preserve the historic property of the park and will not undertake or permit the alteration or removal of historic features or the erection of markers, structures, or buildings without the prior concurrence of the Secretary; and (2) that the public will have reasonable access to those portions of the property to which access is necessary in the judgment of the Secretary for the proper appreciation and interpretation of its historical and architectural value. (b) Technical Advice.--The Secretary may provide technical advice to the owners of a park in carrying out this Act. (c) Donations.--Notwithstanding any other provision of law, the Secretary may accept and expend donations of funds, property, or services from individuals, foundations, corporations, or public entities for the purpose of providing services and facilities which he deems consistent with the purposes of this Act. (d) Interpretive Centers.--Pursuant to such cooperative agreements and notwithstanding any other provision of law, the Secretary may, directly or by contract, construct interpretive facilities on real property not in Federal ownership and may maintain and operate programs in connection therewith as the Secretary deems appropriate in carrying out this Act. SEC. 5. RIGHT OF FIRST REFUSAL. (a) Notification of Intention To Transfer Park.--If an owner of a park intends to transfer or otherwise dispose of the park, the owner shall notify the Secretary in writing of such intention. (b) Exercise of First Refusal.--Within the six-month period after receipt of notice under subsection (a), the Secretary shall respond in writing as to his interest in exercising a right of first refusal to acquire the park under section 6. If, within such period, the Secretary declines to respond in writing or expresses no interest in exercising such right, the owner may proceed to transfer such interests. If the Secretary responds in writing within such period and expresses an interest and intention to exercise a right of first refusal, the Secretary shall initiate an action to exercise such right within six months after the date of the Secretary's response. If the Secretary fails to initiate action to exercise such right within such six months, the owner may proceed to otherwise transfer such interests. SEC. 6. ACQUISITION OF NATIONAL HISTORIC BALL PARKS BY THE UNITED STATES. (a) In General.--The Secretary, after receiving recommendations of the Advisory Commission pursuant to section 7, may, subject to the availability of funds, acquire land, interests in land, and improvements thereon within the boundaries of a park by donation or purchase with donated or appropriated funds. Land may not be acquired under this section without the consent of the owner thereof. Each park acquired by the United States under this Act shall be added to and administered as a unit of the National Park System. (b) Administration.--The Secretary shall administer each park acquired by the United States under this Act in accordance with this Act and with the provisions of law generally applicable to units of the National Park System, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). (c) Cooperative Agreements With State.--In administering each park acquired by the United States under this Act, the Secretary is authorized to enter into cooperative agreements with the State in which the park is located, or any political subdivision thereof, for the rendering, on a reimbursable basis, of rescue, firefighting, and law enforcement services and cooperative assistance by nearby law enforcement and fire preventive agencies and for other appropriate purposes. SEC. 7. NATIONAL HISTORIC BALL PARK ACQUISITION ADVISORY COMMISSION. (a) Establishment.-- (1) Initial establishment.--There is established a National Historic Ball Park Acquisition Advisory Commission for the purpose specified in subsection (b)(1). (2) Subsequent reestablishments.--After the termination of the Advisory Commission established pursuant to paragraph (1), the Secretary, upon determining in the discretion of the Secretary that a situation described in paragraph (3) exists, shall notify the Speaker and minority leader of the House of Representatives and the majority and minority leaders of the Senate and publish notice of such determination in the Federal Register. Upon publication of such notice, the National Historic Ball Park Acquisition Advisory Commission is reestablished for the purpose specified in subsection (b)(2). (3) Situations requiring the establishment of advisory commission.--Situations which require the reestablishment of an Advisory Commission under this section include the following: (A) Notification by the owner or owners of the park of the desire to sell the park. (B) The park is subject to, or threatened with, uses which are having, or would have, an adverse impact on the park. (b) Purpose and Duties.--Not later than six months after members are appointed to the Advisory Commission under subsection (c), the Advisory Commission-- (1) established under subsection (a)(1) shall conduct a study and submit a report to the Secretary and to the Congress with recommendations concerning methods of financing the acquisition of a park by the United States under section 6; and (2) reestablished under section (a)(2) shall, for the purpose of advising the Secretary on the purchase of a park under this Act, conduct a study concerning the acquisition of the park pursuant to this Act and advise the Secretary on whether to acquire the park and matters relating thereto, including-- (A) how the park can best be used for public purposes in a manner compatible with the National Park System, taking into account the location of the park and the needs of the community concerned; and (B) methods of financing such acquisition. (c) Membership.-- (1) Number and appointment.--The Advisory Commission shall be composed of seven members appointed as follows: (A) Two Members of the House of Representatives, one of whom shall be appointed by the Speaker, and the other shall be appointed by the minority leader, of the House of Representatives. (B) Two Members of the Senate, one of whom shall be appointed by the majority leader, and the other shall be appointed by the minority leader, of the Senate. (C) One member appointed by the President. (D) One member appointed by the Secretary of the Interior. (E) One member appointed by the Chairperson of the Ball Parks Committee of the Society for American Baseball Research, who shall be a representative of the professional sport with the major use of the park. (2) Terms.--Each member shall be appointed for the life of the Advisory Commission, including a member appointed to the Advisory Commission as a Member of Congress who ceases to be a Member of Congress. (3) Vacancies.--Any member appointed to fill a vacancy occurring in the Advisory Commission shall be appointed only for the remaining life of the Advisory Commission. A vacancy in the Advisory Commission shall be filled within 30 days after the creation of the vacancy in the manner in which the original appointment was made. (4) Pay and travel expenses.--(A) Members of the Advisory Commission shall serve without pay as such. (B) Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (5) Quorum.-- Five members of the Advisory Commission shall constitute a quorum but a lesser number may hold hearings. (6) Chairperson.--The Chairperson of the Advisory Commission shall be elected by the members. (7) Meetings.--The Advisory Commission shall meet at the call of the Chairperson or a majority of its members and shall meet on a regular basis. Notice of meetings and agenda shall be published in local newspapers which have a distribution which generally covers the area affected by the park. Advisory Commission meetings shall be held at locations and in such a manner as to ensure adequate public involvement. (d) Director and Staff.-- (1) Appointment.--The Advisory Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint and fix the pay of a Director and such additional staff as it considers appropriate. The Director and staff of the Advisory Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (2) Experts and consultants.--The Advisory Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (3) Staff of federal agencies.--Upon request of the Advisory Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Advisory Commission to assist it in carrying out its duties under this Act. (e) Powers.-- (1) Hearings and sessions.--The Advisory Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Advisory Commission considers appropriate. (2) Powers of members and agents.--Any member or agent of the Advisory Commission may, if authorized by the Advisory Commission, take any action which the Advisory Commission is authorized to take by this section. (3) Obtaining official data.--The Advisory Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Advisory Commission, the head of that department or agency shall furnish that information to the Advisory Commission. (4) Mails.--The Advisory Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) Administrative support services.--Upon the request of the Advisory Commission, the Administrator of General Services shall provide to the Advisory Commission, on a reimbursable basis, the administrative support services necessary for the Advisory Commission to carry out its responsibilities under this Act. (e) Charter.--The provisions of section 14(b) of the Federal Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 776), are hereby waived with respect to this Advisory Commission. (f) Termination.--The Advisory Commission established under subsection (a)(1) shall terminate upon the submission of its report under subsection (c)(1), and each Advisory Commission reestablished under subsection (a)(2) shall terminate six months after the date on which all members of the Advisory Commission are first appointed under subsection (c). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.

National Historic Ball Park Act - Designates Tiger Stadium in Detroit, Michigan, Fenway Park in Boston, Massachusetts, Wrigley Field in Chicago, Illinois, and Yankee Stadium in New York, New York, as National Historic Ball Parks. Directs the Secretary of the Interior to seek to enter into cooperative agreements with the owners of any of the Parks for the protection and preservation of the Park. Authorizes the Secretary to: (1) accept and expend donations of funds, property, or services to provide services and facilities consistent with this Act; (2) construct interpretive facilities on non-Federal property; and (3) maintain and operate appropriate programs in connection with such facilities. Requires an owner of a Park to notify the Secretary of an intent to transfer or otherwise dispose of the Park. Sets forth provisions relating to the exercise of the Secretary's right of first refusal to acquire such Park. Authorizes the Secretary, under specified conditions, to acquire land, interests in land, and improvements within the boundaries of a Park by donation or purchase with donated or appropriated funds. Requires such Park to be added to and administered as a unit of the National Park System. Establishes a National Historic Ball Park Acquisition Advisory Commission to make recommendations concerning methods of financing the acquisition of a Park. Authorizes appropriations.

National Historic Ball Park Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Family Tax Relief Act of 2004''. SEC. 2. REPEAL OF SCHEDULED REDUCTIONS IN CHILD TAX CREDIT, MARRIAGE PENALTY RELIEF, AND 10-PERCENT RATE BRACKET. (a) Child Tax Credit.--Subsection (a) of section 24 of the Internal Revenue Code of 1986 (relating to child tax credit) is amended to read as follows: ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to each qualifying child of the taxpayer an amount equal to $1,000.''. (b) Marriage Penalty Relief in Standard Deduction.-- (1) In general.--Paragraph (2) of section 63(c) of the Internal Revenue Code of 1986 (relating to basic standard deduction) is amended to read as follows: ``(2) Basic standard deduction.--For purposes of paragraph (1), the basic standard deduction is-- ``(A) 200 percent of the dollar amount in effect under subparagraph (C) for the taxable year in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse (as defined in section 2(a)), ``(B) $4,400 in the case of a head of household (as defined in section 2(b)), or ``(C) $3,000 in any other case.''. (2) Conforming amendments.-- (A) Section 63(c)(4) of such Code is amended by striking ``(2)(D)'' each place it occurs and inserting ``(2)(C)''. (B) Section 63(c) of such Code is amended by striking paragraph (7). (c) Marriage Penalty Relief in 15-Percent Income Tax Bracket.-- Paragraph (8) of section 1(f) of the Internal Revenue Code of 1986 is amended to read as follows: ``(8) Elimination of marriage penalty in 15-percent bracket.--With respect to taxable years beginning after December 31, 2004, in prescribing the tables under paragraph (1)-- ``(A) the maximum taxable income in the 15-percent rate bracket in the table contained in subsection (a) (and the minimum taxable income in the next higher taxable income bracket in such table) shall be 200 percent of the maximum taxable income in the 15-percent rate bracket in the table contained in subsection (c) (after any other adjustment under this subsection), and ``(B) the comparable taxable income amounts in the table contained in subsection (d) shall be \1/2\ of the amounts determined under subparagraph (A).''. (d) 10-Percent Rate Bracket.-- (1) In general.--Clause (i) of section 1(i)(1)(B) of the Internal Revenue Code of 1986 is amended by striking ``($12,000 in the case of taxable years beginning after December 31, 2004, and before January 1, 2008)''. (2) Inflation adjustment.--Subparagraph (C) of section 1(i)(1) of such Code is amended to read as follows: ``(C) Inflation adjustment.--In prescribing the tables under subsection (f) which apply with respect to taxable years beginning in calendar years after 2003-- ``(i) the cost-of-living adjustment shall be determined under subsection (f)(3) by substituting `2002' for `1992' in subparagraph (B) thereof, and ``(ii) the adjustments under clause (i) shall not apply to the amount referred to in subparagraph (B)(iii). If any amount after adjustment under the preceding sentence is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. (e) Provisions Made Permanent.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to-- (1) section 1(i)(1) of the Internal Revenue Code of 1986 as added by subsection (a) of section 101 of such Act, (2) paragraphs (1) and (7) of section 101(c) of such Act, (3) section 201(a) of such Act, and (4) title III of such Act. (f) Effective Dates.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 3. EXTENSION OF MINIMUM TAX RELIEF TO INDIVIDUALS. (a) In General.--Subparagraphs (A) and (B) of section 55(d)(1) of the Internal Revenue Code of 1986 (relating to exemption amount for taxpayers other than corporations) are each amended by striking ``2003 and 2004'' and inserting ``2003, 2004, and 2005''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Working Family Tax Relief Act of 2004 - Amends the Internal Revenue Code to repeal the scheduled reductions in: (1) the amount of the child tax credit for taxable years 2005 through 2009 (maintains the current $1,000 credit amount for all taxable years after 2004); (2) the basic standard deduction for married taxpayers filing joint returns and surviving spouses for taxable years 2005 through 2008; and (3) the increased upper limit threshold amounts for qualifying married individuals filing joint returns for the 15 and ten percent income tax brackets. Allows an inflation adjustment to such threshold amounts for taxable years beginning after 2003 based on the difference from the Consumer Price Index for 2002. Exempts from the general terminating date (December 31, 2010) under the Economic Growth and Tax Relief Reconciliation Act of 2001 provisions relating to: (1) the increased upper limit amounts for the ten and 15 percent tax bracket for married taxpayers filing joint returns and surviving spouses; (2) the increase in the child tax credit; (3) the increased standard deduction for married taxpayers filing joint returns; and (4) the earned income tax credit. Extends the increased amounts of the exemption from the alternative minimum tax for individual taxpayers through 2005.

A bill to amend the Internal Revenue Code of 1986 to repeal the scheduled restrictions in the child tax credit, marriage penalty relief, and 10 percent rate bracket, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Safety and Health Act of 1993''. SEC. 2. COVERAGE OF THE HOUSE OF REPRESENTATIVES. The Occupational Safety and Health Act of 1970 (29 U.S.C. 668) is amended by redesignating sections 20 through 34 as sections 21 through 35, respectively, and by adding after section 19 the following: ``coverage of the house of representatives ``Sec. 20. (a) Each employing authority and instrumentality of Congress shall comply with section 5, with the occupational safety and health standards issued under section 6, and with the requirements and regulations issued under section 8. ``(b) The Secretary shall conduct random inspections of places of employment under the jurisdiction or control of employing authorities and the instrumentalities of Congress. Such inspections shall be conducted at least once during each Congress. The Secretary shall also respond to any request that meets the conditions of section 8(f). Such inspections shall identify each condition which the Secretary believes is a violation of a requirement under section 5, of an occupational safety and health standard issued under section 6, or of a regulation issued under section 8. Upon completion of such inspection, the Secretary shall report all such conditions to the Director of Non- Legislative and Financial Services of the House of Representatives. ``(c) The Director of Non-Legislative and Financial Services of the House of Representatives, shall, as soon after the receipt of a report under subsection (b) as is practicable, appoint a special counsel to seek abatement of any conditions identified in such report as not in compliance with the requirements of section 5, 6, or 8 and to assess appropriate penalties against the employing authority or instrumentality of Congress for noncompliance with such requirements. Section 17 shall apply in any enforcement procedures brought under this subsection. ``(d) Any employing authority or instrumentality of Congress which is assessed a penalty under subsection (c) may appeal the assessment to the Office of Fair Employment Practices which shall afford an opportunity for a hearing and shall thereafter issue a decision based on findings of fact which affirms, modifies, or vacates the actions of the special counsel appointed under subsection (c). Any person adversely affected or aggrieved by the decision of the Office of Fair Employment Practices may obtain review of such decision by the United States Court of Appeals for the circuit in which such violation is alleged to have occurred or by the Court of Appeals for the District of Columbia Circuit under the standards and conditions for review of orders by the Commission in section 11. ``(e)(1) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted under or related to this section or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of such employee or others of any right afforded by this section. ``(2) Any employee who believes that such employee has been discharged or otherwise discriminated against by any such person in violation of paragraph (1) may, within 30 days after such violation occurs, file a complaint with the Director of Non-Legislative and Financial Services. Upon receipt of such complaint the Director shall cause such investigation to be made as the Director deems appropriate. If upon such investigation, the Director determines that paragraph (1) has been violated, the Director shall bring an action in any appropriate United States district court against such person. In any such action the United States district courts shall have jurisdiction for cause shown to restrain violations of paragraph (1) and order all appropriate relief, including rehiring or reinstatement of the employee to the employee's former position with back pay. ``(3) Within 90 days of the receipt of a complaint filed under paragraph (2), the Director, shall notify the complainant of the Director's determination under paragraph (2). ``(f) For purposes of this section-- ``(1) the term `employing authority' has the meaning given such term in the Fair Employment Practices Resolution (House Resolution 558 of the One Hundredth Congress, as adopted October 4, 1988, and incorporated into rule LI of the Rules of the House of Representatives of the One Hundred and Second Congress); and ``(2) the term `instrumentalities of the Congress' includes the Architect of the Capitol, the Library of Congress, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the United States Botanic Garden.''.

Congressional Safety and Health Act of 1993 - Amends the Occupational Safety and Health Act of 1970 to apply such Act's provisions to the House of Representatives and the instrumentalities of the Congress.

Congressional Safety and Health Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``ATM Fee Disclosure Act of 1996''. SEC. 2. ELECTRONIC FUND TRANSFER FEES. (a) Disclosures Required.--The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is amended-- (1) by redesignating sections 918, 919, 920, and 921 as sections 919, 920, 921, and 922, respectively; and (2) by inserting after section 917 the following new section: ``SEC. 918. FEES. ``(a) Disclosure of Point-of-Sale and Cash Withdrawal Fees.--In the case of any electronic fund transfer which is initiated by a consumer through the use of an electronic terminal, including a telephone operated by the consumer, no fee may be imposed by any person in connection with such transaction unless a notice is provided to the consumer, in accordance with subsection (b), which clearly states the following: ``(1) A fee will be imposed in connection with the transaction. ``(2) The amount of any such fee. ``(3) The consumer may cancel the transaction without paying the fee. ``(4) If the consumer does not elect to continue in the manner necessary to effect the transaction after receiving this notice, the transaction will be canceled without the imposition of a fee by any person, including any person described in subparagraph (B), (C), or (D) of subsection (d)(1) who would have been involved in the transaction had the transaction been completed. ``(b) Time and Location of Notice.--The notice required under subsection (a) shall appear on the screen of the electronic terminal or on a paper notice issued from the machine or, in the case of an electronic fund transfer by a telephonic instrument, as a voice message clearly audible to the consumer after the transaction is initiated and before the consumer is irrevocably committed to completing the transaction. ``(c) Prohibition on Fees Not Properly Disclosed or Explicitly Assumed by Consumer.--No fee may be imposed by any person in connection with any electronic fund transfer initiated by a consumer for which a notice is required under subsection (a), unless-- ``(1) the consumer receives such notice in accordance with subsection (b); and ``(2) the consumer elects to complete the transaction, or otherwise responds in the manner necessary to effect the transaction, after receiving such notice. ``(d) Scope of Notice and Prohibition.-- ``(1) In general.--The requirement of notice of fees under subsection (a) and the prohibition on the imposition of fees under subsection (c) shall apply with respect to any fee which is or would be imposed in connection with any electronic fund transfer to which such subsections apply by-- ``(A) the person operating or owning the electronic terminal or telephonic instrument at which the transaction is initiated by the consumer (other than a telephone operated by the consumer); ``(B) the financial institution holding the account of the consumer; ``(C) any national, regional, or local network utilized to effect the transaction; and ``(D) any other party involved in the electronic fund transfer. ``(2) Transactions initiated by telephone.--In the case of an electronic fund transfer initiated by a consumer through the use of a telephone operated by the consumer, the electronic terminal or telephonic instrument to which the consumer connects through the use of such telephone shall be treated as the electronic terminal or telephonic instrument at which the electronic fund transfer is initiated for purposes of this section. ``(e) Documentation.--Written documentation of the amount of any fee imposed by any person in connection with any electronic fund transfer for which notice is required under this subsection, and the identity of any such person, shall be provided directly to the consumer upon completion of such transfer. ``(f) Balance Inquiries.--For purposes of this section, the term `electronic fund transfer' includes a transaction which involves a balance inquiry initiated by a consumer in the same manner as an electronic fund transfer, whether or not the consumer initiates a transfer of funds in the course of the transaction.''. (b) Conforming Amendment.--Section 906(a) of the Electronic Fund Transfer Act (15 U.S.C. 1693d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(6) The amount and type of any fee imposed in connection with the transfer, including any fee information required to be disclosed pursuant to section 918(e).''.

ATM Fee Disclosure Act of 1996 - Amends the Electronic Fund Transfer Act to prohibit imposition of a fee upon an electronic fund transfer initiated by a consumer from an electronic terminal (including a telephone) unless explicit disclosures are provided regarding the amount of any transaction fee and the consumer's option to cancel the transaction without paying the fee. Mandates written documentation upon completion of the transfer of such fee amount and the identity of the person imposing it. Includes within such electronic fund transfers, for purposes of this Act, a balance inquiry initiated by a consumer in the same manner as an electronic fund transfer regardless of whether the consumer initiates a transfer of funds in the course of the transaction.

ATM Fee Disclosure Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``North Bay Water Reuse Program Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means each of-- (A) the Sonoma Valley County Sanitation District, Sonoma, California; (B) the Napa Sanitation District, Napa, California; (C) the City of American Canyon, California; (D) the Las Gallinas Valley Sanitary District, San Rafael, California; (E) the Novato Sanitary District, Novato, California; (F) the City of Petaluma, California; and (G) the Sonoma County Water Agency. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. NORTH BAY WATER REUSE PROGRAM. (a) In General.--The Secretary may, through a cooperative agreement with the State of California or a subdivision thereof, participate in the planning, design, and construction of water reclamation and reuse projects including water quality improvement, waste water treatment, water reclamation and reuse, groundwater recharge and protection, surface water augmentation, and other improvements with eligible entities in the North San Pablo Bay watershed in Napa, Sonoma, Marin, and Solano Counties, California. (b) Coordination With Other Federal Agencies.--In carrying out this section, the Secretary shall, to the greatest degree practicable, build upon the design work and environmental evaluation undertaken by non- Federal entities and by the Corps of Engineers in the San Pablo Bay Watershed, California. (c) Cooperative Agreements.--All planning, design, and construction of a recycled water project authorized by this Act shall be undertaken in accordance with a cooperative agreement between the Secretary and the eligible entity for the project. Such cooperative agreement shall set forth in a manner acceptable to the Secretary the responsibilities of the eligible entity for-- (1) needs assessment; (2) feasibility and reconnaissance studies; (3) environmental review; (4) engineering and design; (5) construction; and (6) the administration of contracts pertaining to any of the foregoing. (d) Financial Assistance.--Upon execution of a cooperative agreement under this section, the Secretary may provide to the eligible entity, on the basis described in section 4, the funds authorized, through direct loans, loan guarantees, or grants. SEC. 4. COST SHARING. (a) Federal Assistance.--The Federal share of a project funded under this Act shall not exceed 65 percent of the total cost for planning, environmental evaluation, and construction of the project. (b) Non-Federal Cost Share.-- (1) In general.--Except as provided in subsection (c), the non-Federal cost share of the costs of a project funded under this Act shall be no less than 35 percent total cost for planning, environmental evaluation, and construction of the project. (2) Credit for non-federal work.--The non-Federal interests with respect to a project funded under this Act shall receive credit toward the non-Federal share of the cost of the project-- (A) for reasonable costs incurred by the non- Federal interests as a result of participation in the planning, design, and construction of the project; and (B) for the fair-market value of lands utilized for project facilities and owned by eligible entities. (c) Operation and Maintenance.--The non-Federal share of operation and maintenance costs of a project funded under this Act shall be 100 percent. (d) Federal Assistance for Environmental Improvement and Enhancement.-- (1) Initial development.--The Secretary shall make grants and other funds available to eligible entities for the initial development of environmental improvement and enhancement components of the North Bay Water Reuse Program. (2) Nonreimbursable.--Grants provided under this Act shall be nonreimbursable and not subject to repayment. SEC. 5. WATER RIGHTS. Nothing in this Act-- (1) invalidates or preempts State water law or any interstate compact governing water; (2) alters the rights of any State to any appropriated share of the waters of any body of surface or groundwater, whether determined by past or future interstate compacts or final judicial allocations; (3) preempts or modifies any State or Federal law, or interstate compact, governing water quality or disposal; or (4) confers on any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any groundwater resource. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary to carry out this Act $65,000,000, to remain available until expended.

North Bay Water Reuse Program Act of 2005 - Authorizes the Secretary of the Interior to participate in the planning, design, and construction of water reclamation and reuse projects with eligible entities in the North San Pablo Bay watershed located in Napa, Sonoma, Marin, and Solano Counties, California. Requires: (1) the Secretary, in carrying out such reclamation and reuse projects, to build upon the design work and environmental evaluation undertaken by non-Federal entities and by the Corps of Engineers to the greatest degree practicable; and (2) all planning, design, and construction of recycled water projects to be undertaken in accordance with cooperative agreements between the Secretary and eligible entities. Limits the Federal share of projects funded under this Act to 65 percent of the total cost of project planning, environmental evaluation, and construction. Requires the Secretary to make grants and other funds available to eligible entities for the initial development of environmental improvement and enhancement components of the North Bay Water Reuse Program. States that nothing in this Act: (1) invalidates or preempts State water law or interstate compacts governing water; (2) alters the rights of States to appropriated shares of surface or groundwater; (3) preempts or modifies State or Federal laws or interstate compacts governing water quality or disposal; or (4) confers on nonfederal entities the ability to exercise Federal water rights.

To enable a Bureau of Reclamation partnership with the North Bay Water Reuse Authority and other regional partners to achieve water supply, water quality, and environmental restoration objectives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Judiciary Administrative Improvements Act of 2009''. SEC. 2. SENIOR JUDGE GOVERNANCE CORRECTION. (a) In General.--Section 631(a) of title 28, United States Code, is amended in the first sentence by striking ``(including any judge in regular active service'' and all that follows through ``was appointed)''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 3. REVISION OF STATUTORY DESCRIPTION OF THE DISTRICT OF NORTH DAKOTA. (a) In General.--Section 114 of title 28, United States Code, is amended to read as follows: ``Sec. 114. North Dakota ``North Dakota constitutes one judicial district. ``Court shall be held at Bismarck, Fargo, Grand Forks, and Minot.''. (b) Current Cases and Juries Not Affected.-- (1) Pending cases not affected.--The amendment made by subsection (a) shall not affect any action commenced before the effective date under subsection (c) and pending in the United States District Court for the District of North Dakota on such date. (2) Juries not affected.--The amendment made by subsection (a) shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving in the Judicial District of North Dakota on the effective date under subsection (c). (c) Effective Date.--This section and the amendment made by this section shall take effect 90 days after the date of the enactment of this Act. SEC. 4. DISABILITY RETIREMENT AND COST-OF-LIVING ADJUSTMENTS OF ANNUITIES FOR TERRITORIAL JUDGES. (a) In General.--Section 373 of title 28, United States Code, is amended-- (1) in subsection (c), by amending paragraph (4) to read as follows: ``(4) Any senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall be paid, while performing such duties, the same compensation (in lieu of the annuity payable under this section) and the same allowances for travel and other expenses as a judge on active duty with the court being served.''; (2) by amending subsection (e) to read as follows: ``(e)(1) Any judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands who is not reappointed (as judge of such court) shall be entitled, upon attaining the age of 65 years or upon relinquishing office if the judge is then beyond the age of 65 years-- ``(A) if the judicial service of such judge, continuous or otherwise, aggregates 15 years or more, to receive during the remainder of the life of such judge an annuity equal to the salary received when the judge left office; or ``(B) if such judicial service, continuous or otherwise, aggregates less than 15 years, to receive during the remainder of the life of such judge an annuity equal to that proportion of such salary that the aggregate number of years of service of such judge bears to 15. ``(2) Any judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands who has served at least 5 years, continuously or otherwise, and who retires or is removed upon the sole ground of mental or physical disability, shall be entitled to receive during the remainder of the life of such judge an annuity equal to 40 percent of the salary received when the judge left office or, in the case of a judge who has served at least 10 years, continuously or otherwise, an annuity equal to that proportion of such salary that the aggregate number of years of judicial service of such judge bears to 15.''; and (3) by amending subsection (g) to read as follows: ``(g) Any retired judge who is entitled to receive an annuity under this section shall be paid a cost-of-living adjustment as provided under section 8340(b) of title 5, except that in no case may the annuity payable to such retired judge, as increased under this subsection, exceed the salary of a judge in regular active service with the court on which the retired judge served before retiring.''. (b) Effective Date.-- (1) Compensation of recalled judges.--The amendment made by subsection (a)(1) shall apply with respect to judicial duties pursuant to recall that are performed on or after the date of the enactment of this Act. (2) Judges who are not reappointed.--The amendment made by subsection (a)(2) shall apply to a judge who relinquishes office under section 373(e)(1) of title 28, United States Code, as amended by such subsection, or who retires or is removed from office under section 373(e)(2) of such title, as so amended, on or after the date of the enactment of this Act. (3) Cost-of-living increases.--The amendment made by subsection (a)(3) shall apply to judges who retire before, on, or after the date of the enactment of this Act. SEC. 5. ANNUAL LEAVE LIMIT FOR JUDICIAL BRANCH EXECUTIVES. (a) In General.--Section 6304(f)(1) of title 5, United States Code, is amended-- (1) in subparagraph (F), by striking ``or'' at the end; (2) in subparagraph (G), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(H) a position in the judicial branch that is designated as a senior executive position-- ``(i) in the United States courts, by the Judicial Conference of the United States; ``(ii) in the Federal Judicial Center, by the Board of the Federal Judicial Center; or ``(iii) in the United States Sentencing Commission, by the Commission.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 6. FEDERAL JUDICIAL CENTER PERSONNEL MATTERS. (a) In General.--Section 625 of title 28, United States Code, is amended-- (1) by amending subsection (b) to read as follows: ``(b) The Director shall appoint and fix the compensation of such additional professional personnel as the Board considers necessary, without regard to the provisions of title 5 governing appointments in competitive service, or the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, subject to the following: ``(1) The compensation of any person appointed under this subsection may not exceed the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, except that the Director may fix the compensation of 4 positions of the Center at a level not to exceed the annual rate of pay in effect for level IV of the Executive Schedule under section 5315 of title 5. ``(2) The salary of a reemployed annuitant under subchapter III of chapter 83 of title 5 shall be adjusted under section 8344 of such title, and the salary of a reemployed annuitant under chapter 84 of title 5 shall be adjusted under section 8468 of such title.''. (2) in subsection (c), by striking ``, United States Code,''; and (3) in subsection (d)-- (A) by striking ``, United States Code,''; and (B) by striking ``General Schedule pay rates, section 5332, title 5, United States Code'' and insert ``the General Schedule under section 5332 of title 5''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 7. SEPARATION OF THE JUDGMENT AND STATEMENT OF REASONS FORMS. (a) In General.--Section 3553(c)(2) of title 18, United States Code, is amended by striking ``the written order of judgment and commitment'' and inserting ``a statement of reasons form issued under section 994(w)(1)(B) of title 28''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 8. PRETRIAL SERVICES FUNCTIONS FOR JUVENILES. (a) In General.--Section 3154 of title 18, United States Code, is amended-- (1) by redesignating paragraph (14) as paragraph (15); and (2) by inserting after paragraph (13) the following: ``(14) Perform, in a manner appropriate for juveniles, any of the functions identified in this section with respect to juveniles awaiting adjudication, trial, or disposition under chapter 403 of this title who are not detained.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 9. STATISTICAL REPORTING SCHEDULE FOR CRIMINAL WIRETAP ORDERS. (a) In General.--Section 2519 of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``Within thirty days'' and all that follows through ``issuing or denying judge'' and inserting ``In January of each year, any judge who has issued an order (or an extension thereof) under section 2518 that expired during the preceding calendar year, or who has denied approval of an interception during that year,''; (2) in paragraph (2), by striking ``In January of each year'' and inserting ``In March of each year''; and (3) in paragraph (3), by striking ``In April of each year'' and inserting ``In June of each year''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 10. THRESHOLDS FOR ADMINISTRATIVE REVIEW OF OTHER THAN COUNSEL CASE COMPENSATION. (a) In General.--Section 3006A of title 18, United States Code, is amended-- (1) in subsection (e)-- (A) in paragraph (2)-- (i) in subparagraph (A), in the second sentence, by striking ``$500'' and inserting ``$800''; and (ii) in subparagraph (B), by striking ``$500'' and inserting ``$800''; and (B) in paragraph (3), in the first sentence, by striking ``$1,600'' and inserting ``$2,400''; and (2) by adding at the end the following: ``(5) Adjustment of dollar amounts.-- ``(A) In general.--The dollar amounts provided in paragraphs (2) and (3) shall be adjusted by an amount, rounded to the nearest multiple of $100, equal to the percentage of the cumulative adjustments taking effect under section 5303 of title 5 in the rates of pay under the General Schedule since the date on which the dollar amounts provided in paragraphs (2) and (3), respectively, were last modified by statute. ``(B) Effective date.--Each adjustment under subparagraph (A) shall take effect on the same day on which the corresponding adjustment under section 5303 of title 5 takes effect.''. (b) Effective Date.-- (1) Increase in dollar amounts.--The amendments made by subsection (a)(1) shall take effect on the date of the enactment of this Act. (2) Annual adjustments.--The amendment made by subsection (a)(2) shall apply with respect to adjustments taking effect under section 5303 of title 5, United States Code, after the date of the enactment of this Act. Passed the House of Representatives October 28, 2009. Attest: LORRAINE C. MILLER, Clerk.

Federal Judiciary Administrative Improvements Act of 2009 - Amends the federal judicial code to: (1) remove the power of certain active or retired federal judges to appoint U.S. magistrate judges; (2) revise the statutory description of the District of North Dakota to eliminate the current four divisions each of which holds court exclusively for specified counties; (3) revise requirements for the disability retirement and cost-of-living adjustments of annuities for territorial judges; and (4) revise requirements for the compensation of Federal Judicial Center personnel, including reemployed annuitants. Amends federal civil service law to subject judicial branch senior executives to federal civil service annual leave requirements and limitations. Amends the federal criminal code to: (1) require court use of separate judgment and statement of reasons forms in the imposition of a criminal sentence; (2) require appropriate adaptation of pretrial services functions for juveniles; (3) modify the reporting schedule for criminal wiretap orders; and (4) increase the compensation thresholds triggering administrative review of compensation for non-counsel investigative, expert, or other services necessary for adequate representation of a person financially unable to obtain them.

To provide improvements for the operations of the Federal courts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Passenger Protection Act of 2017''. SEC. 2. PHYSICAL STANDARDS. (a) Seat Size.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue a final rule regarding the minimum standards and specifications for an air carrier and foreign air carrier that addresses the required seat width, padding, reclining, pitch, leg room, aisle width, safety and health regarding such seats, in consultation with the Occupational Safety and Health Administration (in this section referred to as ``OSHA''), the Centers for Disease Control and Prevention (in this section referred to as the ``CDC''), passenger advocacy groups, disabled and senior citizen groups, and representatives of air carriers. (b) Bathroom Size.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue a final rule regarding the minimum standards and specifications for an air carrier and foreign air carrier that addresses the required bathroom dimensions, door size, toilet size, safety and health for the bathroom, in consultation with OSHA, the CDC, passenger advocacy groups, disabled and senior citizens, and representatives of air carriers. SEC. 3. PASSENGER PROTECTIONS. (a) Specific Rights.-- (1) Damaged or inoperable amenities.--The Secretary of Transportation shall require that an air carrier and foreign air carrier refund, not later than 30 days after a scheduled flight, up to 10 percent of the ticket cost to a passenger whose in-air amenities (televisions, headphones, wireless internet access) are broken or do not work as promised, and to refund the full cost of any in-air purchase (entertainment, wireless internet) that is not received or does not work. (2) Delay and cancellation honesty.--The Secretary shall fine an air carrier and foreign air carrier $1,000 per passenger for a cancellation or delay based on false or dishonest claims of force majeure by such a carrier. (3) Delays not caused by force majeure.--The Secretary shall require an air carrier and foreign air carrier to provide a passenger whose flight is delayed by 3 or more hours, for reasons not considered force majeure, a replacement ticket on another air carrier to the same destination that departs not later than 24 hours after the original departure time. If such a ticket is unavailable, an air carrier or foreign air carrier shall either refund the cost of the ticket price or provide a replacement ticket departing more than 24 hours after the original departure time, whichever is more satisfactory to a passenger. (4) Economic delays or cancellations.--The Secretary shall require an air carrier and foreign air carrier to notify passengers at least 3 hours in advance if a flight is to be delayed or cancelled for economic reasons, and to provide a ticket refund and, if desired, alternate transportation to a passenger whose flight is cancelled for such reasons. (5) Fees.--An air carrier and foreign air carrier shall provide that fees-- (A) not included in airfare are conspicuously disclosed in advance of a ticket purchase; and (B) not included in an airfare may not be exorbitant, defined as in excess of 200 percent above the cost to the airline of providing the service or benefit in question. (6) Frequent flier programs.--The Secretary shall require an air carrier to report basic statistics on its frequent flier programs, to permit passengers to evaluate objectively the benefits of each such program, and to inform passengers at least 12 months in advance before a reduction or devaluation of benefits. (7) Hotline.--Notwithstanding any other provision of law, 10 percent of fines paid to the Government by an air carrier and foreign air carrier for any violation of a regulation of the Department of Transportation or the Federal Aviation Administration shall be available to maintain the consumer complaint hotline (established under section 42302 of title 49, United States Code), and to develop and implement a passenger claims arbitration system. Any complaint to the Department or the Transportation Security Administration shall be acknowledged not later than 24 hours after submitting the complaint, the alleged offending agency shall respond not later than 30 days after notification, and the passenger in question shall receive a response not later than 60 days after submitting the complaint. (8) Lost, damaged or stolen baggage.--The Secretary shall require an air carrier and foreign air carrier to comply with the Uniform Unclaimed Property Act, and provide that proceeds collected from the sale of lost, unclaimed baggage be used to cover the cost of future baggage disputes. The Secretary shall also require that an air carrier and foreign air carrier offer excess value insurance for lost or damaged baggage. (9) Notification of rights and fees.--The Secretary shall require an air carrier and foreign air carrier to inform customers in plain language, in writing and in prominent locations on its website, of their rights, liabilities, and obligations under their respective contract of carriage, including the recourse available to them in the event of a cancellation, delay, damaged baggage, and other potential difficulties. (10) Reciprocity.--The Secretary shall reinstate the reciprocity rule (commonly known as Rule 240) to affirm that a passenger on a flight that is cancelled or a flight delayed 3 or more hours may use the ticket on another airline with available seating to fly to the same or nearby destination. (11) Strengthened tarmac protections.--The Secretary shall fine an air carrier and foreign air carrier $1,000 per passenger for any violation of Federal policy with respect to tarmac delays, including the requirements that an air carrier permit passengers to deplane after more than 3 hours spent on the tarmac, and that an air carrier provide adequate food, potable water, and operable lavatories to passengers 2 hours after the aircraft is delayed on the tarmac. (b) Definitions.--In this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (2) Force majeure.--The term ``force majeure'' means any event arising from causes beyond the control of the air carrier, including Acts of God (such as fire, severe weather, or natural disasters), unanticipated acts of people (such as war or strike), and unforeseeable breakage or accident to aircraft or equipment. The term does not include to a lack of personnel, a lack of airworthy aircraft or supplies, increased cost or expense of operation (whether anticipated or unanticipated), or any other condition reasonably within the control of an air carrier or foreign air carrier. (c) Amendment to Title 49.-- (1) Amendment.--Chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 40131. Equipment and personnel reserves ``(a) Reserve Equipment and Staffing.--Not later than 180 days after the date of enactment of the Airline Passenger Protection Act of 2017, the Secretary of Transportation shall require an air carrier and foreign air carrier to develop and implement reserve staffing and equipment plans that optimize the carrier's ability to provide quality service, defined as fewer than 2 percent of flights cancelled for causes reasonably within the control of the carrier, and fewer than 15 percent of flights delayed for causes reasonably within the control of the carrier. ``(b) Guidelines and Reporting Requirements.--Not later than 180 days after the date of enactment of the Airline Passenger Protection Act of 2017, the Secretary shall establish guidelines for an air carrier and foreign air carrier to report cancellation and on-time performance statistics to the FAA on an annual basis, beginning 360 days after the date of enactment of this Act. ``(c) Failure To Comply.--The Secretary shall fine an air carrier and foreign air carrier if the Secretary determines that such air carrier or foreign air carrier fails to comply with the requirements of this section and such failure was caused by the carrier's failure to develop, implement, or abide by the terms of its reserve staffing and equipment plan.''. (2) Clerical amendment.--The analysis of chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``40131. Equipment and personnel reserves.''.

Airline Passenger Protection Act of 2017 This bill prescribes certain airline passenger protection requirements with respect to: seat size, safety, and health; bathroom size, safety, and health; refunds for damaged or inoperable in-air amenities (televisions, headphones, and wireless internet access); delays and cancellations; disclosure of passenger fees and passenger rights of recourse in the event of a cancellation, delay, and damaged baggage; frequent flier program benefits; maintenance of a consumer complaint hotline; lost, damaged, or stolen baggage disputes and insurance; reinstatement of reciprocity rule (Rule 240) permitting passengers on a flight that is cancelled or delayed three or more hours to use their ticket on another airline to fly to the same or a nearby destination; and tarmac delays, deplaning, and the provision of adequate food, potable water, and operable lavatories. The bill directs the Department of Transportation (DOT) to require air carriers and foreign air carriers to develop and implement reserve staffing and equipment plans that optimize the carrier's ability to provide quality service, defined as fewer than 2% of flights cancelled and fewer than 15% of flights delayed for causes reasonably within the control of the carrier. DOT shall establish guidelines for carriers to report annually cancellation and on-time performance statistics to the Federal Aviation Administration.

Airline Passenger Protection Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Service Scholarship Act of 2008''. SEC. 2. ESTABLISHMENT OF PUBLIC SERVICE SCHOLARSHIP PROGRAM. Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following new subpart: ``Subpart 10--Public Service Scholarship Program ``SEC. 420Q. SCHOLARSHIPS FOR PUBLIC SERVICE. ``(a) Statement of Purpose.--It is the purpose of this subpart to establish a Public Service Scholarship Program to promote public service by exceptionally able students who show promise of continued excellence. ``(b) Scholarships Authorized.-- ``(1) Program authority.--The Secretary is authorized, in accordance with the provisions of this subpart, to make grants to States to enable the States to award scholarships to individuals who have demonstrated outstanding academic achievement, who show promise of continued academic achievement, and who enter into an agreement in accordance with subsection (e)(3). ``(2) Period of award.--Scholarships under this section shall be awarded for a period of not less than 1 or more than 4 years during the first 4 years of study at any institution of higher education eligible to participate in any programs assisted under this title. The State educational agency administering the program in a State shall have discretion to determine the period of the award (within the limits specified in the preceding sentence). ``(3) Use at any institution permitted.--A student awarded a scholarship under this subpart may attend any institution of higher education. ``(4) Public service scholars.--Individuals awarded scholarships under this subpart shall be known as `Public Service Scholars'. ``(c) Allocation Among States.-- ``(1) Allocation formula.--From the sums appropriated pursuant to subsection (i) for any fiscal year, the Secretary shall allocate to each State that has an agreement under subsection (d) an amount equal to $10,000 multiplied by the number of scholarships determined by the Secretary to be available to such State in accordance with paragraph (2). ``(2) Number of scholarships available.--The number of scholarships to be made available in a State for any fiscal year shall bear the same ratio to the number of scholarships made available to all States as the State's population ages 5 through 17 bears to the population ages 5 through 17 in all the States, except that not less than 10 scholarships shall be made available to any State. ``(3) Use of census data.--For the purpose of this subsection, the population ages 5 through 17 in a State and in all the States shall be determined by the most recently available data, satisfactory to the Secretary, from the Bureau of the Census. ``(d) Agreements With States.--The Secretary shall enter into an agreement with each State desiring to participate in the scholarship program authorized by this subpart. Each such agreement shall include provisions designed to assure that-- ``(1) the State educational agency will administer the scholarship program authorized by this subpart in the State; ``(2) the State educational agency will comply with the eligibility and selection provisions of this subpart; ``(3) the State educational agency will conduct outreach activities to publicize the availability of scholarships under this subpart to all eligible students in the State, with particular emphasis on activities designed to assure that students from low-income and moderate-income families have access to the information on the opportunity for full participation in the scholarship program authorized by this subpart; and ``(4) the State educational agency will pay to each individual in the State who is awarded a scholarship for any academic year under this subpart $10,000 for such academic year. ``(e) Eligibility of Scholars.-- ``(1) High school graduation or equivalent and admission to institution required.--Each student awarded a scholarship under this subpart shall-- ``(A) be a graduate of a public or private secondary school (or a home school, whether treated as a home school or a private school under State law) or have the equivalent of a certificate of graduation as recognized by the State in which the student resides; and ``(B) have been admitted for enrollment at an institution of higher education. ``(2) Selection based on promise of academic achievement.-- Each student awarded a scholarship under this subpart must demonstrate outstanding academic achievement and show promise of continued academic achievement. ``(3) Public service agreements.-- ``(A) In general.--To be eligible to receive a scholarship under this subpart, a student shall enter into a written agreement with the Secretary that specifies that-- ``(i) the student will seek to obtain employment, and will remain employed, as an employee of the Federal Government for a required period of service of not less than 5 years, unless the student fails to obtain or is involuntarily separated from that employment; ``(ii) if the student fails to obtain such employment, or is involuntarily separated from such employment on account of misconduct, or voluntarily separates from such employment, before the end of the period specified in the agreement, the student will repay the Secretary the sum of the amounts of any scholarships received by such student under this subpart; ``(iii) if the student is required to repay an amount to the Secretary under clause (ii) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the student by such methods as are provided by law for the recovery of amounts owed to the Federal Government; and ``(iv) the Secretary may waive, in whole or in part, a right of recovery under this subsection if the individual is permanently and totally disabled at the time of the waiver request or the Secretary determines, on the basis of a demonstration submitted by or on behalf of the individual, that-- ``(I) recovery would cause the individual a substantial economic or personal hardship; or ``(II) recovery would be otherwise contrary to the public interest; ``(B) Repayments.-- ``(i) In general.--Any amount repaid by, or recovered from, an individual under this paragraph shall be credited to the appropriation account from which the amount involved was originally paid as a scholarship. ``(ii) Merger.--Any amount credited under clause (i) shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations, if any, as the sums with which the amount was merged. ``(f) Selection of Scholars.-- ``(1) Establishment of criteria.--The State educational agency is authorized to establish the criteria for the selection of scholars under this subpart. ``(2) Adoption of procedures.--The State educational agency shall adopt selection procedures designed to ensure an equitable geographic distribution of awards within the State (and in the case of the Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Freely Associated States, not to exceed 10 individuals will be selected from such entities). ``(3) Consultation requirement.--In carrying out its responsibilities under paragraphs (1) and (2), the State educational agency shall consult with school administrators, school boards, teachers, counselors, and parents. ``(4) Timing of selection.--The selection process shall be completed, and the awards made, prior to the end of each secondary school academic year. ``(g) Stipends and Scholarship Conditions.-- ``(1) Amount of award.--Each student awarded a scholarship under this subpart shall receive a stipend of $10,000 for each academic year of study for which the scholarship is awarded, except that in no case shall-- ``(A) the total amount of financial aid awarded to such student exceed such student's total cost-of- attendance for any such academic year; or ``(B) the total amount of financial aid awarded to such student under this subpart exceed a total of $40,000 for all such academic years. ``(2) Use of award.--The State educational agency shall establish procedures to assure that a scholar awarded a scholarship under this subpart pursues a course of study at an institution of higher education. ``(h) Construction of Needs Provisions.--Except as provided in section 471, nothing in this subpart, or any other Act, shall be construed to permit the receipt of a scholarship under this subpart to be counted for any needs test in connection with the awarding of any grant or the making of any loan under this Act or any other provision of Federal law relating to educational assistance. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this subpart for fiscal year 2009 and each of the 3 succeeding fiscal years such sums as may be necessary to award 10,000 Public Service Scholarships during each of the academic years that begin in such fiscal years.''.

Public Service Scholarship Act of 2008 - Amends the Higher Education Act of 1965 to establish a Public Service Scholarship program authorizing the Secretary of Education to make grants to states for scholarships to exceptionally able students who show promise of continued excellence and agree to serve as federal employees for at least five years. Allocates scholarship funds among states on the basis of each state's share of the nation's population of five- through 17-year olds; but sets the minimum allocation at a level allowing grantees to award at least 10 scholarships per year.

To establish a Public Service Scholarship Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Polar Bear Seas Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Americans cherish healthy oceans and wildlife that marine ecosystems support, and feel a strong moral responsibility to protect these resources for the benefit of current and future generations. (2) The marine ecosystems and coastal habitats of the Beaufort and Chukchi Seas, along Alaska's northern and northwestern shores, provide habitat for a large array of wildlife, including endangered bowhead whales, beluga whales, polar bears, threatened spectacled eiders, threatened Steller's eiders, walrus, seals, and fish. (3) These ecosystems and wildlife they support are vital to the survival of the subsistence cultures of the Alaska Native peoples of the North Slope and have been for thousands upon thousands of years. (4) There is a wide consensus among scientists that the Arctic is undergoing dramatic changes due to climate change, and that these changes are affecting vital sea ice habitat for a number of species, including polar bears, walrus, and seals. (5) In January 2007, the United States Fish and Wildlife Service proposed listing the polar bear (Ursus maritimus) as a threatened species under the Endangered Species Act of 1973. The polar bear depends on sea ice as a platform to hunt seals, its primary food, and projected loss of sea ice due to global warming was believed to jeopardize polar bears throughout their range. (6) On January 9, 2008, the Department of the Interior missed the legal deadline to make a final rule on whether to provide Endangered Species Act of 1973 protections to the polar bear. (7) On February 6, 2008, the Department of the Interior moved forward with oil and gas leasing in the Chukchi Sea Lease Sale 193 area, which contains about 29.4 million acres offshore Alaska from north of Point Barrow to northwest of Cape Lisburne, which is polar bear habitat. (8) On April 19, 2008, a United States District Court Judge ruled that the Department of the Interior must make a decision on whether to list the polar bear under the Endangered Species Act of 1973 by May 15, 2008. (9) In September 2007, the United States Geological Survey issued a series of reports that projected changes in future sea ice conditions, if realized, will result in loss of approximately \2/3\ of the world's current polar bear population by the middle of the 21st century and extirpation of polar bears in Alaska. The agency also concluded that because the observed trajectory of Arctic sea ice decline appears to be underestimated by currently available models, this assessment of future polar bear status may be conservative. (10) While the major threat to polar bears is global warming, resulting from continuing emissions of green house gases, potential oil and gas development in the Beaufort and Chukchi Seas poses additional risks to polar bears and other marine life in the Beaufort and Chukchi Seas. (11) There is currently no effective means to recover spilled oil in the harsh environment of the Beaufort and Chukchi Seas, especially during periods of solid and broken ice. (12) The Minerals Management Service's 2007-2012 OCS leasing plan anticipates offering 40 million acres of the Chukchi Sea for lease and expanding leasing in the Beaufort Sea to 33 million acres. All of this area overlaps with vital polar bear habitat. (13) In the environmental impact statement for the first of five lease sales planned for the current 5-year OCS leasing plan in the Arctic Ocean, Lease Sale 193 in the Chukchi Sea, the Minerals Management Service concludes that the effects of a large oil spill, particularly during the broken-ice period, could pose significant risks to the polar bear population, and that a large oil spill could have significant impacts on other marine mammals including whales and walruses. In the same document the agency states that there was a lack of information on marine mammal ecology, and habitat use. (14) In addition, onshore industrial development activities necessary to support offshore oil and gas development can damage important habitat and cause harmful disturbance of denning polar bears, and other wildlife. (15) Because of the threats oil and gas development poses to subsistence resources, public health, and survival of their culture, tribal governments, including the Native Village of Point Hope, the Native Village of Barrow, the Inupiat Community of the Arctic Slope, and the Alaska Intertribal Council, have expressed opposition to offshore oil and gas development in the Beaufort and Chukchi Seas. SEC. 3. PROHIBITION ON LEASING IN BEAUFORT AND CHUKCHI SEA PLANNING AREAS. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Prohibition on Leasing in Beaufort and Chukchi Sea Planning Areas.-- ``(1) The Secretary shall not offer for or approve leasing, preleasing, or any related activity (including approving any seismic activity, offering any new lease, or approving an exploration or development plan) within any area of the Chukchi or Beaufort Sea marine and coastal ecosystems until- ``(A) the National Research Council-- ``(i) identifies missing information on the composition, distribution, status and ecology of the living marine resources in the Beaufort and Chukchi Sea marine and coastal ecosystems that-- ``(I) focuses on the changes caused and likely to be caused by climate changes; and ``(II) supports the establishment of baseline information and the determination of the potential impacts, including cumulative impacts, of all oil- and gas-related activities on plant and animal species, marine and coastal environments, and Alaskan Native communities and their subsistence activities; ``(ii) reports on the adequacy of ongoing and completed environmental, public health, and cultural studies (including ongoing and completed studies conducted by the Alaska environmental studies program of the Minerals Management Service) in providing information described in clause (i); and ``(iii) submits to Congress a report that-- ``(I) identifies missing information; ``(II) evaluates the adequacy of ongoing and completed studies; and ``(III) makes recommendations on any additional studies or research that are required to provide missing information identified pursuant to clause (i); ``(B)(i) the polar bear is listed as an endangered species or a threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and critical habitat is designated for the species; or ``(ii) the Secretary publishes a determination that such a listing is not warranted; ``(C) the Secretary-- ``(i) performs an oil spill response gap analysis for proposed and existing arctic oil operations; ``(ii)(I) using a public process that includes consultation with local governments, tribal governments, natural resource managers, and other stakeholders, sets a standard required of lessees to ensure that at least 85 percent of the total volume of spilled oil can be recovered mechanically and removed from the environment within 30 days after the initial release in any ice condition or season of the year; ``(II) demonstrates that the 85 percent recovery standard can be achieved prior to issuing any leases, and prior to approving any seismic exploration, exploration plans, or development and production plans; and ``(III) requires that the oil spill response gap for activities under each lease ensures 85 percent oil recovery in any given ice condition or season of the year; ``(iii) implements a procedure to close areas in whole or seasonally to oil and gas activity because of the existence of a response gap; and ``(iv) establishes requirements for installing, operating, and maintaining oil spill prevention systems, or institutes operating restrictions to improve safety and minimize spill risks; and ``(D) the Secretary determines that-- ``(i) all recommendations submitted by the National Research Council report under subparagraph (A)(iii)(III) are implemented; ``(ii) oil and gas exploration and development activities can be conducted in the Beaufort and Chukchi Sea Planning Areas without posing a risk of substantial adverse impact to wildlife, or wildlife habitat and subsistence; and ``(iii) any mitigation measures necessary to avoid such risks are identified and the efficacy of the measures is established. ``(2) In this subsection: ``(A) The term `response gap' means a period of time during which the oil spill recovery standard established pursuant to paragraph (1)(C)(ii)(I) cannot be achieved. ``(B) The term `response gap analysis' means-- ``(i) a calculation of the response operating limits of spill response systems for a set of environmental factors, such as wind, sea state, sea ice, and visibility, and an analysis of the frequency, duration, and timing of conditions that would limit a response in a particular location, including an assessment of local response capabilities and oil spill contingency plans, using a methodology that accounts for the cumulative interplay between factors that would cause two or more variables that are individually within the system's limits to exceed those limits when combined; ``(ii) based on such calculation, an assessment of the frequency, duration, and timing of occurrence of one or more limiting factors or limiting combinations that may preclude achieving the oil spill recovery standard established pursuant to paragraph (1)(C)(ii)(I) using either modeled or historical environmental and climate data for a given location or area; and ``(iii) based on such calculation and assessment, a quantification of the percentage of time during which local conditions exceed the demonstrated limits of spill response systems to achieve achieving the oil spill recovery standard established pursuant to paragraph (1)(C)(ii)(I).''.

Polar Bear Seas Protection Act - Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from offering or approving any new lease, or approving an exploration or development plan, within any area of the Chukchi or Beaufort Sea marine and coastal ecosystems until: (1) the National Research Council reports to Congress on certain missing information regarding the composition, distribution, status, and ecology of the living marine resources in such ecosystems; (2) the polar bear is listed as either an endangered or threatened species under the Endangered Species Act of 1973 and critical habitat is designated for it; (3) the Secretary performs an oil spill response gap analysis for proposed and existing arctic oil operations; and (4) the Secretary makes specified determinations, including that oil and gas exploration and development can be conducted in the Beaufort and Chukchi Sea Planning Areas without posing a risk of substantial adverse impact to wildlife, or wildlife habitat and subsistence.

To amend the Outer Continental Shelf Lands Act to prohibit preleasing, leasing, and related activities in the Beaufort and Chukchi Sea Planning Areas unless certain conditions are met.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Work for Warriors Act of 2014''. SEC. 2. DIRECT EMPLOYMENT PILOT PROGRAM FOR MEMBERS OF THE NATIONAL GUARD AND RESERVE. (a) Establishment.--Chapter 1601 of title 10, United States Code, is amended to read as follows: ``CHAPTER 1601--TRAINING GENERALLY ``Sec. ``16101. Work for Warriors Program. ``Sec. 16101. Work for Warriors Program ``(a) Program Authority.--The Chief of the National Guard Bureau shall carry out a pilot program (to be known as the `Work for Warriors Program') to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to members of the reserve components of the armed forces. ``(b) Administration.--The Work for Warriors Program shall be offered to, and administered by, the adjutants general appointed under section 314 of title 32. ``(c) Cost-Sharing Requirement.--As a condition on the provision of funds under this section to a State to support the operation of a Work for Warriors Program in the State, the State must agree to contribute an amount, derived from non-Federal sources, equal to at least 30 percent of the funds provided by the Chief of the National Guard Bureau. ``(d) Direct Employment Program Model.--The Work for Warriors Program should follow a job placement program model that focuses on working one-on-one with a member of a reserve component to cost- effectively provide job placement services, including services such as identifying unemployed and underemployed members, job matching services, resume editing, interview preparation, and post-employment follow up. Development of the Work for Warriors Program should be informed by State direct employment programs for members of the reserve components of the armed forces, such as the programs conducted in California and South Carolina. ``(e) Assistance From Other Federal Agencies.--The Secretary of Labor may provide technical assistance to the Chief of the National Guard Bureau and State adjutants general in the development and implementation of the Work for Warriors Program. ``(f) Evaluation.--The Chief of the National Guard Bureau shall develop outcome measurements to evaluate the success of the Work for Warriors Program in a State. ``(g) Reporting Requirements.-- ``(1) Report required.--Not later than 180 days after the completion of a Work for Warriors Program conducted under subsection (a), the Chief of the National Guard Bureau shall submit to the congressional defense committees a report describing the results of the program. The Chief shall prepare the report in coordination with the Under Secretary of Defense for Personnel and Readiness. ``(2) Elements of report.--A report under paragraph (1) shall include the following: ``(A) A description and assessment of the effectiveness and achievements of the Work for Warriors Program, including the number of members of the reserve components hired and the cost-per-placement of participating members. ``(B) An assessment of the impact of the Work for Warriors Program and increased reserve component employment levels on the readiness of members of the reserve components. ``(C) A comparison of the Work for Warriors Program to other programs conducted by the Department of Defense and Department of Veterans Affairs to provide unemployment and underemployment support to members of the reserve components. ``(D) Any other matters considered appropriate by the Chief of the National Guard Bureau or the Under Secretary of Defense for Personnel and Readiness. ``(h) Limitation on Total Fiscal-Year Obligations.--The total amount obligated by the Chief of the National Guard Bureau to carry out the Work for Warriors Program for any fiscal year may not exceed $20,000,000. ``(i) Duration of Authority.-- ``(1) In general.--The authority of the Chief of the National Guard Bureau to carry out the Work for Warriors Program applies during fiscal years 2015 through 2018. ``(2) Extension.--Upon the expiration of the authority under paragraph (1), the Chief of the National Guard Bureau may extend the Work for Warriors Program for not more than two additional fiscal years.''. (b) Table of Chapters.--The table of chapters at the beginning of subtitle E of title 10, United States Code, and at the beginning of part IV of such subtitle, are each amended by striking the item relating to chapter 1601 and inserting the following new item: ``1601. Work for Warriors Program.......................... 16101''.

Work for Warriors Act of 2014 - Directs the Chief of the National Guard to carry out a pilot program, to be known as the Work for Warriors Program, to enhance Department of Defense (DOD) efforts to provide job placement assistance and related employment services to members of the reserve components. Requires each participating state to provide at least 30% in matching funds. Requires the Program to follow a direct employment program model, with one-on-one job placement and follow-up services to such individuals. Requires the Chief to: (1) develop outcome measures to evaluate the success of the Program in each state, and (2) report to the congressional defense committees on Program results. Grants the Chief authority to carry out the Program during FY2015-FY2018, with an authorized extension for up to two additional years.

Work for Warriors Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Protection and Adoption Advancement Act''. SEC. 2. LIMITATION ON REASONABLE EFFORTS REQUIREMENT. Section 471(a)(15) of the Social Security Act (42 U.S.C. 671(a)(15)) is amended by striking ``effective October 1, 1983, provides that, in each case,'' and inserting ``provides that, except in the case of a child to which subsection (c)(2) applies,''. SEC. 3. PRE-ADOPTIVE PROCEDURES. (a) In General.--Section 471 of the Social Security Act (42 U.S.C. 671) is amended by adding at the end the following: ``(c) The Secretary shall not approve a State plan under this part unless there is in effect in the State laws and rules of law which provide all of the following: ``(1)(A) Within 30 days after a child who has not attained 13 years of age (or such greater age as the State may determine) is placed in foster care under the responsibility of the State, a dispositional hearing of the type described in section 475(5)(C) shall be held to determine whether-- ``(i) the child should be returned home; ``(ii) the child is described by subparagraph (C); or ``(iii) the child should remain in custody of the State. ``(B) If, as a result of the hearing, it is determined that the case of the child is described by subparagraph (C), paragraph (2) shall apply to the child. ``(C) A child is described by this subparagraph if the child has been a victim of aggravated circumstances (as defined by the State and approved by the Secretary) which definition may include-- ``(i) abandonment, torture, chronic abuse, or sexual abuse; or ``(ii) having a parent-- ``(I) who has been found by a court of competent jurisdiction to have engaged in conduct described in section 106(b)(2)(A)(xii) of the Child Abuse Prevention and Treatment Act; or ``(II) whose parental rights with respect to a sibling of the child have been terminated. ``(2)(A)(i) If this paragraph applies to a child, the State shall-- ``(I) seek 1 or more individuals who are qualified and willing to be the adoptive parents of the child, or contract with a private adoption agency to find 1 or more such individuals for the child within 180 additional days after the determination described in paragraph (1)(B) (or, if this paragraph applies to the child by reason of paragraph (3), within 180 days after the termination of parental rights with respect to the child); and ``(II) if the State has not found 1 or more such individuals within the first 90 days of the 180-day period described in subclause (I), immediately contract with a private adoption agency to find 1 or more such individuals for the child within the remaining 90 days of the 180-day period. ``(ii) Upon finding 1 or more such individuals for a child to whom this paragraph applies, the State shall-- ``(I) designate the individual or individuals as the preadoptive parent or parents of the child; and ``(II) place the child with the individual or individuals. ``(B)(i) After the 4-month period that begins with the date a child to whom this paragraph applies is placed with preadoptive parents (or at such earlier time as may be prescribed by State law), the preadoptive parents shall have the right to petition the courts of the State for an expedited hearing for the purpose of-- ``(I) terminating the parental rights of all other persons with respect to the child; and ``(II) adopting the child. ``(ii) In determining whether to grant a petition described in clause (i), the courts of the State shall not draw any inference adverse to the interests of a petitioner by reason of the present or former status of any petitioner as a foster parent. ``(C)(i)(I) If the preadoptive parents of a child to whom this paragraph applies fail to exercise the right described in subparagraph (B)(i) with respect to the child during the 1-year period that begins with the date the preadoptive parents first have the right (including any extension required by subclause (II)), then the State shall-- ``(aa) immediately revoke their designation as the preadoptive parents of the child; and ``(bb) hold a dispositional hearing of the type described in section 475(5)(C) to determine whether the child should be placed with new preadoptive parents or remain in the custody of the State. ``(II) The period described in subclause (I) (including any extension of the period) shall be extended by 1 year if the State determines that-- ``(aa) the preadoptive parents have good cause for having failed to exercise the right described in subparagraph (B)(i) during the period (including any extension of the period); or ``(bb) that it would not be in the best interests of the child to remove the child from the preadoptive parents. ``(ii) If, as a result of the hearing referred to in clause (i)(I)(bb), it is determined that the child should be placed with new pre-adoptive parents, the State shall-- ``(I) seek 1 or more individuals (other than the former preadoptive parents of the child) who are qualified and willing to be the adoptive parents of the child, or contract with a private adoption agency to find 1 or more such individuals for the child within 180 days after the hearing; and ``(II) if the State has not found 1 or more such individuals within the first 90 days of the 180-day period described in subclause (I), immediately contract with a private adoption agency to find 1 or more such individuals for the child within the remaining 90 days of the 180-day period. ``(iii) Upon finding 1 or more such other individuals for the child, the State shall-- ``(I) designate such other individual or individuals as the preadoptive parent or parents of the child; and ``(II) place the child with such other individual or individuals. ``(3)(A) If a child has been in foster care under the responsibility of the State during 12 of the most recent 18 months, or it is no longer reasonable for the State to continue making efforts of the type described in subsection (a)(15) with respect to a child in foster care under the responsibility of the State who has not attained 13 years of age (or such greater age as the State may establish), the State shall seek to terminate all parental rights with respect to the child, unless-- ``(i) at the option of the State-- ``(I) the child is being cared for by a relative who is qualified and willing to adopt, or become the legal guardian of, the child; and ``(II) it is in the best interests of the child to reside with the relative; or ``(ii) a State court or State agency has documented a compelling reason for determining that filing such a petition would not be in the best interests of the child. ``(B) Upon terminating all parental rights with respect to the child, paragraph (2) shall apply to the child.''. (b) Report to the Congress.--At the end of the 27-month period that begins with the effective date of the amendment made by subsection (a), the Secretary of Health and Human Services shall prepare and submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report which assesses the implementation and effects of the amendment. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall apply to payments under title IV of the Social Security Act for calendar quarters beginning after the calendar quarter in which this Act is enacted. (b) Delay Permitted if State Legislation Required.--In the case of a State plan approved under title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of 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.

Child Protection and Adoption Advancement Act - Amends the Social Security Act to require a State plan for foster care and adoption assistance to provide for an expedited dispositional hearing and preadoptive procedures where a child is determined to be a victim of aggravated circumstances (including abandonment, torture, chronic abuse, or sexual abuse).

Child Protection and Adoption Advancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Trade in Meat and Pork Products Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The European Union's Third Country Meat Directive has been used to decertify more than 400 United States facilities exporting beef and pork products to the European Union even though United States health inspection procedures are equivalent to those provided for in the Third Country Meat Directive. (2) An effect of the decertifications is to prohibit the importation of United States beef and pork products into the European Union. (3) As a result of the decertifications, the highly competitive United States pork industry loses as much as $60,000,000 each year from trade with European Union countries. (4) In July 1987 and November 1990, at the request of affected United States industries, the United States initiated investigations under section 301 of the Trade Act of 1974 into the European Union's administration of the Third Country Meat Directive and sought resolution of the meat and pork trade problems through the dispute settlement process established under the General Agreement on Tariffs and Trade. (5) The United States Trade Representative preliminarily concluded on October 10, 1992, that the European Union's administration of the Third Country Meat Directive created a burden on and restricted United States commerce. (6) Bilateral talks, initiated as a result of that finding, resulted in an Exchange of Letters in which the United States and the European Union concluded that the meat inspection systems of the United States and the European Union provided ``equivalent safeguards against public health risks'' and agreed to take steps to resolve remaining differences regarding meat inspection. (7) Even though the United States terminated the section 301 investigation as a result of the Exchange of Letters, the United States determined that the practices under investigation would have been actionable if an acceptable agreement had not been reached. (8) United States meat and pork producers have displayed consistent interest in exporting products to the European Union and have undertaken substantial investment to take the steps specified by the Exchange of Letters. (9) The European Union has failed to acknowledge changes in plant safety and inspection procedures undertaken in the United States specifically at the European Union's request and has not fulfilled its obligation to inspect and relist United States producers who have taken the steps specified by the Exchange of Letters. (10) The actions of the European Union in conducting United States plant inspections places the European Union in violation of commitments made in the Exchange of Letters. (11) The European Union, in addition to being a party to the Exchange of Letters, is a signatory to GATT 1994 and to the Agreement on the Application of Sanitary and Phytosanitary Measures, which requires that meat and pork inspection procedures under Department of Agriculture regulations be treated as equivalent to inspection procedures required by the European Union under the Third Country Meat Directive if the regulations achieve the European level of sanitary protection. (12) Whenever a foreign country is not satisfactorily implementing an international trade measure or agreement, the United States Trade Representative is required under section 306(b)(1) of the Trade Act of 1974 (19 U.S.C. 2416(b)(1)) to determine the actions to be taken under section 301(a) of such Act. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Exchange of letters.--The term ``Exchange of Letters'' means the exchange of letters concerning the application of the Community Third Country Directive, signed in May 1991 and November 1992, which constitute the agreement between the United States and the European Economic Community regarding the Third Country Meat Directive. (2) GATT 1994.--The term ``GATT 1994'' means the General Agreement on Tariffs and Trade annexed to the WTO Agreement. (3) Third country meat directive; Community third country directive.--The terms ``Third Country Meat Directive'' and ``Community Third Country Directive'' mean the European Union's Council Directive 72/462/EEC relating to inspection and certification of slaughter and processing plants that export meat and pork products to the European Union. (4) WTO agreement.--The term ``WTO Agreement'' means the Agreement establishing the World Trade Organization entered into on April 15, 1994. SEC. 4. REQUIREMENT FOR DETERMINATION BY UNITED STATES TRADE REPRESENTATIVE. Not later than 30 days after the date of enactment of this Act, the United States Trade Representative shall determine, for purposes of section 306(b)(1) of the Trade Act of 1974, whether the European Union has failed to implement satisfactorily its obligations under the Exchange of Letters, the Agreement on the Application of Sanitary and Phytosanitary Measures, or any other Agreement. SEC. 5. REQUEST FOR DISPUTE SETTLEMENT. If the United States Trade Representative determines under section 4 that the European Union has failed to implement satisfactorily its obligations under the Exchange of Letters, the Agreement on the Application of Sanitary and Phytosanitary Measures, or any other agreement, the United States Trade Representative shall promptly request proceedings on the matter under the formal dispute settlement procedures applicable to the agreement. SEC. 6. REVIEW OF CERTAIN MEAT FACILITIES. (a) Review by Food Safety and Inspection Service.--If the United States Trade Representative determines pursuant to section 4 that the European Union has failed to implement satisfactorily its obligations under the Exchange of Letters, the Agreement on the Application of Sanitary and Phytosanitary Measures, or any other Agreement, the United States Trade Representative shall request the Secretary of Agriculture (who, upon receipt of the request, shall) direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for European Union facilities that import meat and other agricultural products into the United States. (b) Relationship to USTR Authority.--The review authorized under subsection (a) is in addition to the authority of the United States Trade Representative to take actions described in section 301(c)(1) of the Trade Act of 1974 (19 U.S.C. 2411(c)(1)).

Fair Trade in Meat and Pork Products Act of 1997 - Directs the United States Trade Representative (USTR), for purposes of identifying foreign countries not in compliance with the terms of any trade agreement with the United States, to determine whether the European Union has failed to implement its obligations under the Exchange of Letters, the Agreement on the Application of Sanitary and Phytosanitary Measures, or any other agreement. Requires the USTR, in the event of such a failure, to: (1) promptly request proceedings under the formal dispute settlement procedures applicable under the agreement; and (2) request the Secretary of Agriculture to direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for European Union facilities that export meat and other agricultural products to the United States.

Fair Trade in Meat and Pork Products Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reciprocal Market Access Act of 2013''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) One of the fundamental tenets of the World Trade Organization (WTO) is reciprocal market access. This principle is underscored in the Marrakesh Agreement Establishing the World Trade Organization which called for ``entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations''. (2) The American people have a right to expect that the promises that trade negotiators and policy makers offer in terms of the market access opportunities that will be available to United States businesses and their employees if trade agreements are reached, will, in fact, be realized. A results- oriented approach must form the basis of future trade negotiations that includes verification procedures to ensure that the promised market access is achieved and that reciprocal trade benefits result. (3) With each subsequent round of bilateral, regional, and multilateral trade negotiations, tariffs have been significantly reduced or eliminated for many manufactured goods, leaving nontariff barriers as the most pervasive, significant, and challenging barriers to United States exports and market opportunities. (4) The United States market is widely recognized as one of the most open markets in the world. Average United States tariff rates are very low and the United States has limited, if any, nontariff barriers. (5) Often the only leverage the United States has to obtain the reduction or elimination of nontariff barriers imposed by foreign countries is to negotiate the amount of tariffs the United States imposes on imports from those foreign countries. (6) Under the current negotiating process, negotiations to reduce or eliminate tariff barriers and nontariff barriers are separate and self-contained, meaning that tradeoffs are tariff- for-tariff and nontariff-for-nontariff. As a result, a tariff can be reduced or eliminated without securing elimination of the real barrier or barriers that deny United States businesses access to a foreign market. (b) Purpose.--The purpose of this Act is to require that United States trade negotiations achieve measurable results for United States businesses by ensuring that trade agreements result in expanded market access for United States exports and not solely the elimination of tariffs on goods imported into the United States. SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMINATE RATES OF DUTY PURSUANT TO CERTAIN TRADE AGREEMENTS. (a) Limitation.--Notwithstanding any other provision of law, on or after the date of the enactment of this Act, the President may not agree to a modification of an existing duty that would reduce or eliminate the bound or applied rate of such duty on any product in order to carry out a trade agreement entered into between the United States and a foreign country until the President transmits to Congress a certification described in subsection (b). (b) Certification.--A certification referred to in subsection (a) is a certification by the President that-- (1) the United States has obtained the reduction or elimination of tariff and nontariff barriers and policies and practices of the government of a foreign country described in subsection (a) with respect to United States exports of any product identified by United States domestic producers as having the same physical characteristics and uses as the product for which a modification of an existing duty is sought by the President as described in subsection (a); and (2) a violation of any provision of the trade agreement described in subsection (a) relating to the matters described in paragraph (1) is immediately enforceable in accordance with the provisions of section 4. SEC. 4. ENFORCEMENT PROVISIONS. (a) Withdrawal of Tariff Concessions.--If the President does agree to a modification described in section 3(a), and the Interagency Trade Enforcement Center determines pursuant to subsection (c) that-- (1) a tariff or nontariff barrier or policy or practice of the government of a foreign country described in section 3(a) has not been reduced or eliminated, or (2) a tariff or nontariff barrier or policy or practice of such government has been imposed or discovered, the United States Trade Representative shall withdraw the modification until such time as the President transmits to Congress a certification described in section 3(b)(1). (b) Investigation.-- (1) In general.--The Interagency Trade Enforcement Center, in coordination with the Department of Labor, shall initiate an investigation if an interested party files a petition with the Interagency Trade Enforcement Center which alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a), and which is accompanied by information reasonably available to the petitioner supporting such allegations. (2) Interested party defined.--For purposes of paragraph (1), the term ``interested party'' means-- (A) a manufacturer, producer, or wholesaler in the United States of a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; (B) a certified union or recognized union or group of workers engaged in the manufacture, production, or wholesale in the United States of a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; (C) a trade or business association a majority of whose members manufacture, produce, or wholesale in the United States a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; or (D) a member of the Committee on Ways and Means of the House of Representatives or a member of the Committee on Finance of the Senate. (c) Determination by ITEC.--Not later than 45 days after the date on which a petition is filed under subsection (b), the Interagency Trade Enforcement Center shall-- (1) determine whether the petition alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a); and (2) notify the petitioner of the determination under paragraph (1) and the reasons for the determination. (d) Definition.--In this section, the term ``Interagency Trade Enforcement Center'' means the Interagency Trade Enforcement Center established under section 2 of Executive Order 13601 (77 Fed. Reg. 12981; February 28, 2012). SEC. 5. MARKET ACCESS ASSESSMENT BY UNITED STATES INTERNATIONAL TRADE COMMISSION. (a) In General.--With respect to any proposed trade agreement in which the President seeks a modification of an existing duty that would reduce or eliminate the bound or applied rate of such duty on any product in order to carry out a trade agreement entered into between the United States and a foreign country, the United States International Trade Commission shall initiate an investigation and report as to the possible market access opportunities of the modification or elimination of foreign tariff and nontariff measures for United States industries producing and exporting similar products. In preparing its report, the International Trade Commission shall identify the tariff and nontariff measures for such products and the expected opportunities for United States exports. (b) Consultation.--In preparing its report under subsection (a), the United States International Trade Commission shall, as appropriate, seek to obtain relevant information from domestic producers of similar products, industry associations, government representatives, and other interested organizations. (c) Report.-- (1) In general.--Not later than 240 days after the President notifies Congress of his intent to enter into negotiations for a proposed trade agreement described in subsection (a), or not later than 45 days after the President notifies Congress of his intent to enter into a trade agreement, whichever occurs first, the United States International Trade Commission shall submit to the United States Trade Representative, the Secretary of Commerce, and Congress the report required under subsection (a). (2) Form.--Such report shall be submitted in unclassified form, but may contain a classified annex, if necessary.

Reciprocal Market Access Act of 2013 - Prohibits the President from agreeing to the reduction or elimination of the existing rate of duty on any product in order to carry out a trade agreement with a foreign country until the President certifies to Congress that: (1) the United States has obtained that country's reduction or elimination of tariff and nontariff barriers and policies and practices with respect to U.S. exports of any product that has the same physical characteristics and uses as the product for which the President seeks to modify its rate of duty, and (2) any violation of the trade agreement is immediately enforceable by withdrawal of the duty modification until the President certifies to Congress that the United States has obtained the country's reduction or elimination of the tariff or nontariff barrier or policy or practice. Requires the withdrawal of such a modification in specified circumstances determined by the Interagency Trade Enforcement Center until the President makes such a certification to Congress. Requires the U.S. International Trade Commission (USITC), with respect to any proposed trade agreement that seeks a modification that would reduce or eliminate an existing duty on any product in order to carry out a trade agreement with a foreign country, to investigate the possible market access opportunities for similar U.S. exports to that country if such barriers and policies are modified or eliminated.

Reciprocal Market Access Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trading With the People's Republic of China Military Act of 1998''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--Congress makes the following findings: (1) The People's Liberation Army is the principal instrument of repression within the People's Republic of China and is responsible for massacring an unknown number of students, workers, and other demonstrators for democracy in Tiananmen Square on June 4, 1989. (2) The People's Liberation Army is responsible for occupying Tibet since 1950 and implementing the official policy of the People's Republic of China to eliminate the unique cultural, linguistic, and religious heritage of the Tibetan people. (3) The People's Liberation Army has operational control of the People's Armed Police, an internal security force of over 1,000,000 troops, whose primary purpose is to suppress the legitimate protests of the Chinese people. (4) The People's Liberation Army is engaged in a massive effort to modernize its military capabilities. (5) The People's Liberation Army owns and operates hundreds of companies and thousands of factories the profits from which in some measure are used to support military activities. (6) Companies owned by the People's Liberation Army and the People's Armed Police export to the United States such products as toys, clothing, frozen fish, lighting fixtures, garlic, glassware, yarn, footwear, chemicals, machinery, metal products, furniture, decorations, gloves, tents, and tools. (7) Companies owned by the People's Liberation Army and the People's Armed Police regularly solicit investment in joint ventures with United States companies. (8) The People's Liberation Army and the People's Armed Police have established at least 23 different companies in the United States over the past decade. (9) The people of the United States are unaware that certain products they purchase in retail stores are produced by companies owned and operated by the People's Liberation Army or the People's Armed Police. (10) The purchase of these products by United States consumers places them in the position of unwittingly subsidizing the operations of the People's Liberation Army and the People's Armed Police. (11) The Government of the People's Republic of China, with the assistance of the People's Liberation Army and the People's Armed Police, continues to deny its citizens basic human rights enumerated in the Universal Declaration of Human Rights, persecutes those who seek to freely practice their religion, and denies workers the right to establish free and independent trade unions. (b) Policy.--It is the policy of the United States to prohibit any entity owned, operated, or controlled by the People's Liberation Army or the People's Armed Police from operating in the United States or from conducting certain business with persons subject to the jurisdiction of the United States. SEC. 3. COMPILATION AND PUBLICATION OF LIST OF PEOPLE'S REPUBLIC OF CHINA MILITARY COMPANIES. (a) Compilation and Publication.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Treasury, the Attorney General, the Director of Central Intelligence, and the Director of the Federal Bureau of Investigation, shall-- (A) compile a list of persons who are People's Republic of China military companies and who are operating directly or indirectly in the United States or any of its territories and possessions; and (B) publish the list of such persons in the Federal Register. (2) Periodic updates.--Every 6 months after the date of the publication of the list under paragraph (1), the Secretary of Defense, in consultation with the officials referred to in that paragraph, shall make such additions to or deletions from the list as the Secretary considers appropriate based on the latest information available. (b) People's Republic of China Military Company.--For purposes of making the determination required by subsection (a), the term ``People's Republic of China military company''-- (1) means a person that is-- (A) engaged in providing commercial services, manufacturing, producing, or exporting; and (B) owned, operated, or controlled by the People's Liberation Army or the People's Armed Police; and (2) includes any person identified in Defense Intelligence Agency publication numbered VP-1920-271-90, dated September 1990, or PC-1921-57-95, dated October 1995, or any updates of such publications under subsection (c). (c) Updating of Publications.--Not later than 90 days after the date of enactment of this Act, and every 6 months thereafter, the Defense Intelligence Agency shall update the publications referred to in subsection (b)(2) for purposes of determining People's Republic of China military companies under this section. SEC. 4. PROHIBITIONS. (a) Officers, Directors, Etc.--It shall be unlawful for any person to serve as an officer, director, or other manager of any office or business anywhere in the United States or its territories or possessions that is owned, operated, or controlled by a People's Republic of China military company. (b) Divestiture.--The President shall by regulation require the closing and divestiture of any office or business in the United States or its territories or possessions that is owned, operated, or controlled by a People's Republic of China military company. (c) Importation.--No goods or services that are the growth, product, or manufacture of a People's Republic of China military company may enter the customs territory of the United States. (d) Contracts, Loans, Ownership Interests.--It shall be unlawful for any person subject to the jurisdiction of the United States-- (1) to make any loan or other extension of credit to any People's Republic of China military company; or (2) to acquire an ownership interest in any People's Republic of China military company. (e) Exports.--It shall be unlawful for any person subject to the jurisdiction of the United States to export goods, technology, or services to, or for any person to export goods, technology, or services that are subject to the jurisdiction of the United States to, a People's Republic of China military company. (f) Exception for Humanitarian Items.--Subsections (a) through (e) shall not apply with respect to a transaction if the President-- (1) determines that the transaction involves the transfer of food, clothing, medicine, or emergency supplies intended to relieve human suffering; and (2) transmits notice of that determination to Congress. SEC. 5. REGULATORY AUTHORITY. The President shall prescribe such regulations as are necessary to carry out this Act. SEC. 6. PENALTIES. Any person who knowingly violates section 4 or any regulation issued thereunder-- (1) in the case of the first offense, shall be fined not more than $100,000, imprisoned not more than 1 year, or both; and (2) in the case of any subsequent offense, shall be fined not more than $1,000,000, imprisoned not more than 4 years, or both. SEC. 7. DEFINITIONS. For purposes of this Act: (1) People's armed police.--The term ``People's Armed Police'' means the paramilitary service of the People's Republic of China, whether or not such service is subject to the control of the People's Liberation Army, the Public Security Bureau of that government, or any other governmental entity of the People's Republic of China. (2) People's liberation army.--The term ``People's Liberation Army'' means the land, naval, and air military services and the military intelligence services of the People's Republic of China, and any member of any such service.

Trading With the People's Republic of China Military Act of 1998 - Declares it to be U.S. policy to prohibit any entity owned, operated, or controlled by the People's Liberation Army or the People's Armed Police from operating in the United States or from conducting certain business with persons subject to the jurisdiction of the United States. Directs the Secretary of Defense to compile, and publish in the Federal Register, a list of persons who are People's Republic of China (PRC) military companies operating directly or indirectly in the United States or any of its territories or possessions. Makes it unlawful for any person to: (1) serve as an officer, director, or other manager of any office or business anywhere in the United States or its territories or possessions that is owned, operated, or controlled by a PRC military company; or (2) make any loan or other extension of credit to any PRC military company, or acquire any ownership interest in such a company. Makes it unlawful for: (1) any person subject to U.S. jurisdiction to export goods, technology, or services to such a company; or (2) any person to export to such a company any goods, technology, or services subject to U.S. jurisdiction. Directs the President to require by regulation the closing and divestiture of such companies in the United States or its territories or possessions. Prohibits goods or services that are the growth, product, or manufacture of a PRC military company from being imported into the United States. Sets forth penalties for violations of this Act.

Trading with the People's Republic of China Military Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Site-Specific Agricultural Resource Management Act of 1993''. SEC. 2. REFERENCES. Except as otherwise specifically provided, whenever in this Act a section or other provision is amended, repealed, or referenced, such amendment, repeal, or reference shall be considered to be made to that section or other provision of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590a et seq.). SEC. 3. FINDINGS. (a) Findings.--Congress finds that-- (1) agricultural land users are required to develop and implement an increasing number of plans that have conservation and environmental benefits as a primary purpose; (2) within the Department of Agriculture, there are as many as fifteen programs that provide for the development of such plans, and currently some agricultural land users may have six different conservation and environmentally-related plans in effect with regard to their land; (3) future legislation may mandate additional requirements for agricultural land users; (4) most plans are single purpose in nature, and requirements imposed by one plan may conflict with the purposes, objectives, or requirements of another plan; (5) the complexity of the planning process is such that it is difficult for many agricultural land users to coordinate the various requirements into their individual farming or ranching operations; (6) there is a need to approach conservation and environmental problems on agricultural land on a more rational basis in order to promote practical and economically feasible site-specific resource measures that take into consideration the economic vitality of agricultural land units involved; and (7) to ensure consistency, all pertinent conservation and environmental requirements on agricultural land should be coordinated, through a single agency of the Government, into one integrated resource management plan for the land unit. SEC. 4. PURPOSE. (a) It is the purpose of this Act to-- (1) assist agricultural land users in meeting conservation and environmental requirements on such lands, while maintaining viable farming or ranching operations; (2) provide that a single Federal agency, the Soil Conservation Service, be responsible for working with other governmental agencies and agricultural land users in the development and implementation of integrated resource management plans for agricultural lands; (3) provide a more efficient and effective method to coordinate Federal, State, and local conservation and environmental requirements with respect to individual land units; (4) help ensure that a site-specific approach encompassing all resources will be used in an interrelated manner when developing and implementing plans on agricultural land for conservation and environmental purposes; and (5) help ensure that a balance is maintained among productivity, efficient management of resources, and environmental quality with respect to the agricultural land unit. SEC. 5. ESTABLISHMENT OF PROGRAM. The Act is amended by adding at the end the following new section: ``SEC. 18. COMPREHENSIVE RESOURCE MANAGEMENT PLANNING. ``(a) Definitions.--As used in this section-- ``(1) Agricultural land.--The term `agricultural land' means crop land, pastureland, native pasture, rangeland, orchards, vineyards, and any other land used to produce or support the production of an annual or perennial crop of a commodity, aquaculture product, nursery product, or livestock. The term `agricultural land' shall not include Federal lands subject to the Forest and Rangeland Renewable Resources Planning Act of 1974 or the National Forest Management Act of 1976. ``(2) Agricultural land user.--The term `agricultural land user' means any landowner, leaseholder, tenant, sharecropper, or other person required to meet conservation and environmental requirements on agricultural land. ``(3) State.--Notwithstanding section 17(a), the term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. ``(b) Establishment.--Within one hundred and eighty days of enactment of this Act, the Secretary of Agriculture, acting through the Soil Conservation Service, shall issue regulations establishing a program to develop site-specific integrated resource management plans for agricultural land. ``(c) Program Requirements.--Notwithstanding any other provision of other law-- ``(1) the regulations issued under this section shall establish procedures under which all plans required by the agencies of the Department of Agriculture pursuant to any provision of law or regulation with respect to soil, water, and other resource conservation and environmental concerns on agricultural land are to be integrated into a single comprehensive site-specific plan for the land involved; ``(2) the regulations shall provide that, with respect to any such single comprehensive site-specific plan developed under paragraph (1), the Soil Conservation Service shall be responsible for, among other things, determining compliance with the terms of the plan and any permit, exemption, and waiver issued in connection therewith; ``(3) the procedures shall ensure that, on or after January 1, 1996, a single comprehensive site-specific plan shall be in place with respect to any agricultural land for which more than one plan is required by agencies of the Department of Agriculture; ``(4) during the period of January 1, 1994, through December 31, 1994, the Soil Conservation Service shall give priority to developing (A) single comprehensive plans that are requested by agricultural land users and (B) single comprehensive plans that are targeted to specific watersheds or other areas or regions determined by the Soil Conservation Service to be environmentally sensitive, taking into consideration the lands described in section 1238C of the Food Security Act of 1985 (16 U.S.C. 3838C); ``(5) the regulations shall provide that all requests for cost-sharing or other assistance available under any program or activity of the Department of Agriculture with respect to a conservation practice on agricultural land for which a single comprehensive plan is in effect, and all requests for permits, exemptions, or waivers under such programs or activities with respect to such land, shall be made through and approved by the Soil Conservation Service; ``(6)(A) the head of each agency or entity of the Government, other than the agencies of the Department of Agriculture, may enter into agreements with the Secretary of Agriculture under which any conservation and environmental requirements with respect to agricultural land under any program or activity of such agency will be incorporated into the single comprehensive plan developed by the Soil Conservation Service for the land involved; ``(B) agreements entered into under subparagraph (A) may provide for the manner in which cost-share or other assistance available from the other agency with respect to a conservation practice on agricultural land for which a single comprehensive plan has been developed will be coordinated with any cost-share or other assistance available from the Department of Agriculture; ``(C) agreements entered into under subparagraph (A) may provide for the delegation to the Soil Conservation Service of the responsibility for (i) receiving, processing, and approving requests for cost-sharing or other assistance, permits, exemptions, or waivers under such program or activity and (ii) performing any other responsibilities and functions in connection with such program or activity; ``(D) agreements entered into under subparagraph (A) shall provide for the reimbursement to the Secretary of Agriculture, on an annual basis, of such sums as are necessary to cover the costs of the Soil Conservation Service of performing any function of activity delegated to it under the agreement, and any funds reimbursed under this section shall remain available to the Soil Conservation Service until expended. ``(7) the Secretary of Agriculture may enter into agreements with any State, including any agency or subdivision thereof, under which (A) any conservation and environmental requirements with respect to agricultural land under any program or activity of the State will be incorporated into the single comprehensive plan developed by the Soil Conservation Service for the land involved, and (B) any cost-sharing or other assistance available from the State with respect to any practice on agricultural land for which a single comprehensive plan has been developed will be coordinated with any Federal cost-share or other assistance to be provided. ``(d) Criteria for Comprehensive Resource Management Plans.--The Secretary of Agriculture, acting through the Soil Conservation Service, shall establish criteria and standards to be used in the development of comprehensive site-specific resource management plans for agricultural land. In establishing such criteria and standards, the Soil Conservation Service shall consult with Federal and State agencies, including the technical committee in each State established under section 1261 of the Food Security Act of 1985 (16 U.S.C. 3861), that have expertise in, or whose programs and activities involve, conservation and environmental measures on agricultural lands. ``(e) Requirements for Individual Plans.--Each individual comprehensive resource management plan shall be developed using the criteria and standards established under subsection (d) and shall, among other things-- ``(1) be specifically designed for the land unit, and each subpart thereof, described in the plan; ``(2) provide, to the extent possible, various management alternatives which the agricultural land user may use to meet the conservation and environmental concerns with respect to the land unit involved; ``(3) encompass soil, water, plant, and animal resources; ``(4) take into consideration the ability of agricultural land users to manage natural resources for meeting agricultural production, conservation, environmental, and quality of life objectives; ``(5) provide for systems that promote the efficient long- term production of food and fiber and the maintenance and enhancement of natural resources; and ``(6) take into consideration the economic, social, and environmental costs and benefits of the various management alternatives described. ``(f) Revision of Plans.--The Soil Conservation Service shall revise any plan-- ``(1) upon request of the agricultural land user involved, to reflect anticipated changes in the operation of the unit, providing that the conservation and environmental requirements with respect to the unit will continue to be met if the changes are implemented; and ``(2) to reflect any changes in the conservation and environmental requirements with respect to the land unit. ``(g) Prompt Completion and Notification.--Any revision of a plan under subsection (f) shall be completed and provided to the land user as promptly as possible after the request or notification of change in requirements. ``(h) Liability Protection.--Any agricultural land user who, as determined by the Secretary of Agriculture, has properly applied, or who is properly implementing, a comprehensive resource management plan developed for an agricultural land unit under this section shall be deemed to be in compliance with all conservation and environmental requirements covered by the plan with respect to such land unit.''. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall be effective on the date of enactment.

Site-Specific Agricultural Resource Management Act of 1993 - Amends the Soil Conservation and Domestic Allotment Act to direct the Secretary of Agriculture, through the Soil Conservation Service, to establish a program to develop site-specific resource management plans for agricultural land.

Site-Specific Agricultural Resource Management Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Wildlife Heritage Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Fish and wildlife are fundamental parts of America's history and character, and fish and wildlife conservation is a core value shared by all Americans. All future generations deserve the opportunity to benefit from and enjoy a diverse array of fish and wildlife species. (2) Fish and wildlife conservation provides economic, social, educational, recreational, emotional, and spiritual benefits. The economic value of hunting, fishing, and wildlife- associated recreation alone is estimated to contribute $122,000,000,000 annually to the American economy. Fish and wildlife habitats, including forests, grasslands, riparian lands, wetlands, rivers, and other bodies of water are an essential component of the American landscape, and are protected and valued by Federal, State, and local governments, tribes, private landowners, conservation organizations, and millions of American sportsmen and outdoor recreationists. (3) States possess broad trustee and police powers over fish and wildlife within their borders. (4) The States and the Federal Government both have management responsibilities affecting fish and wildlife, and should work cooperatively in fulfilling these responsibilities. (5) The American landscape is rapidly changing, particularly in the Western United States where the majority of the Federal public lands are found, increasing the importance of sustaining fish and wildlife and their habitats on our public lands. (6) Federal public lands are critical to the future of fish, plant, and wildlife species in America. Federal public lands help to protect endangered and threatened species from going extinct and help prevent species from becoming endangered in the first place. These lands complement the conservation of fish, plants, and wildlife on private lands by providing comparatively intact tracts of land that serve as refuges from human development and other pressures. Federal public lands also help keep common species common, including species valued for hunting and fishing. (7) Federal public lands provide habitats for species impacted by the effects of global climate change and will play an important role in the ability of fish, plants, and wildlife to adapt to and survive global warming's mounting impacts. (8) Consistent with long-standing principles of multiple use and sustained yield management, the goal of sustaining the diverse fish, wildlife, and plant communities that depend on our Federal public lands should guide the stewardship of America's public lands. SEC. 3. DEFINITIONS. In this Act: (1) Desired non-native species.--The term ``desired non- native species'' means those wild species of plants or animals that are not indigenous to a planning area but are valued for their contribution to species diversity or their social, cultural, or economic value. (2) Focal species.--The term ``focal species'' means species selected for monitoring because their population status and trends are believed to provide useful information regarding the effects of management activities, natural disruptions, or other factors on unmeasured species and to provide insights to the integrity of the ecological systems to which they belong. (3) Native species.--The term ``native species'' means species of plants and animals indigenous to a planning area. (4) Planning area.--The term ``planning area'' means any geographic unit of National Forest System lands or Bureau of Land Management lands covered by an individual management plan. (5) Secretary.--The term ``Secretary'' means-- (A) the Secretary of the Interior, with respect to land under such Secretary's jurisdiction; and (B) the Secretary of Agriculture, with respect to land under such Secretary's jurisdiction. (6) Species-of-concern.--The term ``species-of-concern'' means the following: (A) A species listed as an endangered species or threatened species, or proposed or identified as candidates for such listing, under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (B) A species designated with a Global, State, or Taxon status ranking of G1, G2, G3, S1, S2, T1, T2, or T3 by a State Natural Heritage Program. (C) A species of greatest conservation need identified by State comprehensive wildlife conservation strategies. (D) Other species identified by the Forest Service or the Bureau of Land Management for which scientific evidence raises a concern regarding the species' sustainability in a planning area. (7) Sustainable population.--The term ``sustainable population'' means a population of a species that has a high likelihood of persisting well distributed throughout its range within a planning area for a period of at least 50 years into the future, based on the best available scientific information, including information obtained through the monitoring program under section 5, regarding its abundance, distribution, habitat quality, and reproduction and survival rates. SEC. 4. SUSTAINABLE POPULATIONS. (a) Management Direction.--Each Secretary shall plan for and manage planning areas under the Secretary's respective jurisdiction in order to maintain sustainable populations of native species and desired non- native species within each planning area, except that management for desired non-native species shall not interfere with the maintenance of sustainable populations of native species within a planning area. (b) Management Coordination.--If a population of a species extends across more than one planning area, each Secretary shall coordinate the management of lands in the planning areas containing such population in order to maintain a sustainable population of such species. (c) Extrinsic Conditions.--If a Secretary, using the best available science and after providing notice to the public by publication in the Federal Register and opportunity for public comment for a period of at least 60 days, determines that conditions beyond such Secretary's authority make it impossible for the Secretary to maintain a sustainable population of a native species or desired non-native species within a planning area, or, under the circumstances identified in paragraph (2), within two or more planning areas, such Secretary shall-- (1) manage lands within the planning area or areas in order to achieve to the maximum extent possible the survival and health of that population; and (2) ensure that any activity authorized, funded, or carried out within the planning area does not increase the likelihood of extirpation of the population in such planning area or areas. (d) Compliance.--Each Secretary shall ensure that land management plans for a planning area under the Secretary's respective jurisdiction, actions implementing or authorized under such plans, and other activities that may affect the maintenance of sustainable populations conducted under the Secretary's jurisdiction comply with this section. SEC. 5. MONITORING AND EVALUATION. (a) Establishment of Monitoring Programs.--To provide a basis for determining the sustainability of native species and desired non-native species populations for purposes of section 4, each Secretary shall adopt and implement, as part of the land management planning for a planning area, a strategically targeted monitoring program to determine the status and trends of such species populations in such planning area. (b) Monitoring Program Requirements.--The monitoring programs established under subsection (a) shall designate focal species representing the diversity of ecological systems and species present in the planning area, identify species-of-concern in the planning area, and provide for-- (1) the monitoring of the status and trends of the habitats and ecological conditions that support focal species and species-of-concern; (2) population surveys of the focal species identified in the monitoring program using methods sufficient to ensure that monitoring of habitats and ecological conditions pursuant to paragraph (1) is providing accurate information regarding the status and trends of species' populations in the planning area; and (3) population surveys of species-of-concern whose populations are not adequately assessed by monitoring pursuant to paragraphs (1) and (2) and for which there is reasonable concern regarding potential reductions in distribution or abundance within such planning area in order to evaluate information regarding population status and trends. (c) Cooperation With State Entities and Other Agencies.--Each Secretary shall develop and implement, to the maximum extent practicable, the monitoring program established under this section, including the selection of native species and desired non-native species, habitat, and ecological conditions to be monitored and methodologies for conducting such monitoring, in cooperation with State fish and wildlife agencies and in coordination with other State agencies with responsibility for management of natural resources. Each Secretary shall consider and utilize relevant population data maintained by other Federal agencies, State agencies, tribes, or other relevant entities. SEC. 6. COORDINATION. (a) Management Coordination.--To the maximum extent practicable and consistent with applicable law, each Secretary shall coordinate the management of planning areas with the management of the National Wildlife Refuge System and National Park System, other Federal agencies, State fish and wildlife agencies, other State agencies with responsibility for management of natural resources, tribes, local governments, and non-governmental organizations engaged in species conservation in order to-- (1) maintain sustainable populations of native species and desired non-native species; (2) develop strategies to address the impacts of climate change on native species and desired non-native species; (3) establish linkages between habitats and discrete populations; (4) reintroduce extirpated species, where appropriate, when a species population is no longer present; and (5) conduct other joint efforts in support of sustainable plant and animal communities across jurisdictional boundaries. (b) Coordination With Conservation Activities.--In planning for the management of lands for the purpose of maintaining sustainable populations of native species and desired non-native species in a planning area, each Secretary shall, to the maximum extent practicable and consistent with Federal law-- (1) consult with and offer opportunities for participation to adjoining Federal, State, tribal, local, and private landowners, State and tribal fish and wildlife agencies, and other State and tribal agencies with responsibility for management of natural resources; and (2) coordinate such management planning with relevant conservation plans for fish, plants, and wildlife and their habitats, including State comprehensive wildlife strategies and other State conservation strategies for species, National Fish Habitat partnerships, North American Wetland Conservation Joint Ventures, and the Federal-State-private partnership known as Partners in Flight. (c) No Effect on National Wildlife Refuge or National Park Systems.--Nothing in this section affects the laws or management standards applicable to lands or species populations within the National Wildlife Refuge System or National Park System. SEC. 7. IMPLEMENTING REGULATIONS. Not later than one year following the date of enactment of this Act, each Secretary shall issue regulations implementing all provisions of America's Wildlife Heritage Act. SEC. 8. CONSTRUCTION. Nothing in this Act shall be construed to-- (1) affect the authority, jurisdiction, or responsibility of each of the several States to manage, control, or regulate fish, plants, and wildlife under the laws and regulations of each of the States; or (2) authorize a Secretary to control or regulate within a State the fishing or hunting of fish and wildlife within the State except insofar as the Secretary may exercise authority granted to him or her under other laws.

America's Wildlife Heritage Act - Sets forth requirements concerning the maintenance of viable populations of existing native and desired non-native species within each planning area in the National Forest System's or the Bureau of Land Management's (BLM) public lands. Directs the Secretary of Agriculture and the Secretary of the Interior to adopt and implement a strategically targeted monitoring program for determining the status and trends of native and desired non-native species populations on System and BLM lands. Defines: (1) native species to mean species of plants and animals indigenous to a planning area; and (2) desired non-native species to mean those wild species of plants and animals that are not indigenous to a planning area but are valued for their contribution to species diversity or their social, cultural, or economic value. Requires the Secretaries to coordinate the management of planning areas of the System and the BLM with the management of the National Wildlife Refuge System and National Park System, other federal agencies, state fish and wildlife agencies, other state agencies responsible for management of natural resources, tribes, local governments, and non-governmental organizations engaged in species conservation.

To sustain fish, plants, and wildlife on America's public lands.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Legacy of Medgar Wiley Evers Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) An integral part of the fight for racial equality, Medgar Wiley Evers, was born July 2, 1925, in Decatur, Mississippi, to James and Jessie Evers. (2) Faithfully serving his country, Medgar Evers willingly left high school to join the Army at the start of World War II. (3) After the conclusion of the war, Mr. Evers returned home to Mississippi, completed high school, enrolled in Alcorn Agricultural and Mechanical College (presently known as Alcorn State University) and earned a Bachelor of Arts degree in Business Administration. (4) While at Alcorn State University, Medgar Evers met and married fellow Alcorn student, Myrlie Beasley, of Vicksburg, Mississippi. (5) Upon graduation, Myrlie and Medgar Evers moved to Mound Bayou, Mississippi, where Medgar held a job with Magnolia Mutual Life Insurance Company, and began establishing local chapters of the National Association for the Advancement of Colored People (``NAACP'') throughout the Mississippi Delta. (6) Having been so moved by the immense suffering of African-Americans in Mississippi, Medgar Evers felt compelled to fight to change the circumstances and challenges facing them and, in 1954, Medgar Evers became the first known African- American to apply to the University of Mississippi School of Law. Mr. Evers was denied enrollment. (7) In 1954, Medgar Evers became the first Field Secretary for the Mississippi chapter of the NAACP. (8) In the capacities of his new position, Medgar Evers hosted numerous voter registration efforts in Mississippi and, as a result of these activities, received numerous threats against his life. (9) Despite these threats, Mr. Evers carried on his work with dedication and courage, organizing rallies, building membership within the NAACP, and traveling around the country educating the public on the fight for Civil Rights. (10) Medgar and Myrlie Evers' passion for quality education for all children led them to file suit against the Jackson, Mississippi, public school system gaining him attention with the national media as a leader of the Civil Rights Movement in Mississippi. (11) As a result of his continued and ongoing efforts-- rallies, sit-ins, and protests--to stand up for the rights of African-Americans in Mississippi, Mr. Evers was arrested, beaten, and jailed with his due process rights denied. (12) The senseless and abhorrent violence against Mr. Evers reached its pinnacle on June 12, 1963, when he was violently shot in front of his home and died shortly afterwards in a local hospital, mere hours after President John F. Kennedy had made a national televised speech from the Oval Office calling for full racial integration in America. The Civil Rights Act was enacted the following year. (13) As a veteran, Evers was buried with full military honors at Arlington National Cemetery. (14) On June 23, 1963, Byron De La Beckwith, a member of the White Citizens' Council, was arrested for Evers' murder, but juries in 1964, composed solely of White men, twice deadlocked on De La Beckwith's guilt, resulting in mistrials. (15) Following two trials resulting in acquittal, in 1990, Mrs. Evers convinced Mississippi prosecutors to reopen Medgar Evers' murder case, and a new trial led to the conviction and life imprisonment of Medgar Evers' killer in 1994. (16) It is befitting that Congress bestow the highest civilian honor, the Congressional Gold Medal, to Myrlie in recognition of the great contributions and ultimate sacrifice she and her husband, the assassinated civil rights leader Medgar Wiley Evers, made in the fight for racial equality, which tragically led to his assassination, but also was a major catalyst in passage and enactment of the Civil Rights Act in 1964. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Myrlie Evers- Williams, in recognition of the great contributions and ultimate sacrifice she and her husband, the assassinated civil rights leader Medgar Wiley Evers, made in the fight for racial equality in the United States. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Award of Medal.--Following the award of the gold medal under subsection (a), the medal shall be given to the Mississippi Civil Rights Museum, where it shall be available for display or temporary loan to be displayed elsewhere, as appropriate. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDAL. (a) National Medal.--The gold medal struck pursuant to this Act is a national medal for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Item.--For purposes of section 5134 of title 31, United States Code, the gold medal struck under this Act shall be considered to be a numismatic item.

Civil Rights Legacy of Medgar Wiley Evers 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 presentation of a Congressional Gold Medal to Myrlie Evers-Williams in recognition of the contributions and sacrifice that she and her husband, assassinated civil rights leader Medgar Wiley Evers, made in the fight for racial equality in the United States. Following its award, the medal shall be given to the Mississippi Civil Rights Museum, where it is to be available for display or for temporary loan to be displayed elsewhere.

Civil Rights Legacy of Medgar Wiley Evers Congressional Gold Medal Act

SECTION 1. DEFINITIONS AND FINDINGS. (a) Definitions.-- (1) Classified school employee.--In this Act, the term ``classified school employee'' means an employee working in any grade from pre-kindergarten through higher education, in any of the following nine occupational specialities: (A) Paraprofessionals. (B) Clerical and administrative services. (C) Transportation services. (D) Food and nutrition services. (E) Custodial and maintenance services. (F) Security services. (G) Health and student services. (H) Technical services. (I) Skilled trades. (2) Other definitions.--The terms used in this Act have the meaning given the terms in section 9101 of the Elementary and Secondary Education Act 1965 (20 U.S.C. 7801). (b) Findings.--The Congress finds as follows: (1) Classified school employees provide valuable service to public schools in the United States. (2) Classified school employees provide essential services, such as transportation, facilities maintenance and operations, food service, safety, and health care. (3) Classified school employees play a vital role in providing for the welfare and safety of students. (4) Classified school employees strive for excellence in all areas of service to the education community. (5) Exemplary classified school employees should be recognized for their outstanding contributions to quality education in the United States. SEC. 2. RECOGNITION PROGRAM ESTABLISHED. (a) In General.--The Secretary of Education shall establish and administer a national recognition program to be known as the ``National Classified School Employees of the Year Awards''. The purpose of the program shall be to recognize and promote the commitment and excellence exhibited by employees within certain occupational specialties in public schools who provide exemplary service to students in pre- kindergarten through higher education. (b) Occupational Specialties.-- (1) In general.--The occupational specialties referred to in subsection (a) are the following: (A) Paraprofessionals. (B) Clerical and administrative services. (C) Transportation services. (D) Food and nutrition services. (E) Custodial and maintenance services. (F) Security services. (G) Health and student services. (H) Technical services. (I) Skilled trades. (2) Number of awards.--Prior to March 31 of each year (beginning with the second calendar year that begins after the date of the enactment of this Act), the Secretary shall select an employee from each occupational specialty described in paragraph (1) to receive an award under the recognition program. (c) Selection Process.-- (1) Nomination process.-- (A) In general.--Not later than November 1 of each year (beginning with the first calendar year that begins after the date of the enactment of this Act), the Secretary shall solicit nominations from each occupational specialty described in subsection (b)(1) from the chief State school officer of each State. (B) Nomination submissions.--In order for individuals in a State to be eligible to receive recognition under this section, the chief State school officer of the State shall consider nominations submitted by the following: (i) Local educational agencies. (ii) School administrators. (iii) Professional associations. (iv) Labor unions. (v) Any other group determined appropriate by the Secretary. (2) Demonstration.--Each chief State school officer of a State who desires individuals in the State to receive recognition under this section shall submit the nominations described in paragraph (1) to the Secretary in such manner as the Secretary may require. Each such nomination shall contain, at a minimum, demonstrations of excellence in the following areas: (A) Work performance. (B) School and community involvement. (C) Leadership and commitment. (D) Local support. (E) Enhancement of classified school employees' image in the community and schools. (F) Any other area of superior performance, such as health and safety promotion or efficient use of energy or other resources. (3) Selection.--The Secretary shall develop uniform national guidelines for evaluating nominations submitted under paragraph (2) in order to select the most deserving nominees based on the demonstrations made in the areas described in such paragraph.

Directs the Secretary of Education to award National Classified School Employees of the Year Awards to public school employees within certain occupational specialties who provide exemplary service to students in pre-kindergarten through higher education. Requires the Secretary to choose an awardee each year, out of nominations received from each state, from each of the following occupational specialties: (1) paraprofessionals; (2) clerical and administrative services; (3) transportation services; (4) food and nutrition services; (5) custodial and maintenance services; (6) security services; (7) health and student services; (8) technical services; and (9) skilled trades.

A bill to direct the Secretary of Education to establish and administer an awards program recognizing excellence exhibited by public school system employees providing services to students in pre-kindergarten through higher education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sleeping Bear Dunes National Lakeshore Conservation and Recreation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Line of demarcation.--The term ``line of demarcation'' means the general line formed by the lakeward extent of the first contiguous vegetation that is upland from the high water mark. (2) Map.--The term ``map'' means the map titled ``Sleeping Bear Dunes National Lakeshore, Proposed Wilderness Boundary'', numbered 634/80,083, and dated February, 2009. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Michigan. (5) Wilderness area.--The term ``wilderness area'' means the Sleeping Bear Dunes National Lakeshore Wilderness designated by section 3(a). SEC. 3. SLEEPING BEAR DUNES NATIONAL LAKESHORE WILDERNESS AREA. (a) Designation.--In accordance with section 3(c) of the Wilderness Act (16 U.S.C. 1132(c)), and subject to subsection (c), certain lands and inland waters comprising approximately 32,557 acres along the mainland shore of Lake Michigan and on certain nearby islands in Benzie and Leelanau Counties, Michigan, within the Sleeping Bear Dunes National Lakeshore, as generally depicted on the map, are hereby designated as wilderness, and as a component of the National Wilderness Preservation System. The wilderness area designated by this section shall be known as the ``Sleeping Bear Dunes National Lakeshore Wilderness''. (b) Map and Legal Description.-- (1) On file.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (2) Legal description.--As soon as practical after the date of the enactment of this Act, the Secretary shall submit a legal description of the boundary of the wilderness area to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. (3) Corrections.--The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the description and maps. (c) Lakeward Boundary of the Wilderness.-- (1) In general.--Subject to paragraph (2), the line of demarcation shall be the lakeward boundary of any portion of wilderness designated in subsection (a) that would otherwise be bordered by Lake Michigan. (2) Surface water and active wash zone.--The surface water and active wash zone of Lake Michigan, regardless of the fluctuating lake level or the line of demarcation, shall be considered to be outside the boundary of the designated wilderness. SEC. 4. ADMINISTRATION. (a) Management.-- (1) Wilderness act.--Subject to valid existing rights, the wilderness area shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (A) any reference in the Wilderness Act to the effective date shall be considered to be a reference to the date of the enactment of this Act; and (B) with respect to lands administered by the Secretary, any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (2) Maintenance of roads.-- (A) Location of wilderness boundary.--The boundary of the wilderness area shall be located not closer than-- (i) 100 feet from the centerline of each adjacent county road; and (ii) 300 feet from the centerline of each adjacent State highway. (B) Effect.--Nothing in this Act shall prevent the maintenance and improvement of any road that is-- (i) in existence on the date of enactment of this Act; and (ii) located adjacent to the wilderness area. (3) Hunting.--Nothing in this Act shall affect hunting, under applicable State and Federal laws and regulations, within the wilderness area. (4) Fish and wildlife.--As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State with respect to fish and wildlife within the wilderness area. (5) Watercraft.--Nothing in this Act shall affect the use of watercraft, under applicable State and Federal laws and regulations, within the wilderness area to the extent that such use was allowed on the day before the date of the enactment of this Act. (6) No buffer zones.--Nothing in this Act creates a protective perimeter or buffer zone around the wilderness area. The fact that a nonwilderness activity or use can be seen or heard from within the wilderness area shall not preclude the conduct of the activity or use outside the boundary of the wilderness area. (b) Savings Provisions.--Nothing in this Act shall-- (1) modify, alter, or in any way affect any treaty rights; (2) modify, alter, or in any way affect any valid private property rights, in existence on the day before the date of the enactment of this Act; (3) alter the management of the water of Lake Michigan within the boundary of the Sleeping Bear Dunes National Lakeshore in existence on the day before the date of the enactment of this Act; or (4) be construed as prohibiting the use of motors on the surface water of Lake Michigan adjacent to the wilderness area or the beaching of motorboats on the Lake Michigan beach lakeward of the boundary of the wilderness area.

Sleeping Bear Dunes National Lakeshore Conservation and Recreation Act - Designates specified lands and inland waters within the Sleeping Bear Dunes National Lakeshore in Michigan as wilderness and as a component of the National Wilderness Preservation System, to be known as the Sleeping Bear Dunes National Lakeshore Wilderness. Sets forth requirements for the administration of the Sleeping Bear Dunes National Lakeshore Wilderness, including with respect to road maintenance, hunting, fish and wildlife, watercraft, and buffer zones.

To designate as wilderness certain lands and inland waters within the Sleeping Bear Dunes National Lakeshore in the State of Michigan, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Historically Women's Public Colleges or Universities Historic Building Restoration and Preservation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Historically women's public college or university.--The term ``historically women's public college or university'' means a public institution of higher education created in the United States between 1836 and 1908 to provide industrial education for women, including the institutions listed in clauses (i) though (viii) of section 3(d)(2)(A). (2) Historic building or structure.--The term ``historic building or structure'' means a building or structure listed (or eligible to be listed) on the National Register of Historic Places, designated as a National Historic Landmark, or located within a designated historic district. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. PRESERVATION AND RESTORATION GRANTS FOR HISTORIC BUILDINGS AND STRUCTURES AT HISTORICALLY WOMEN'S PUBLIC COLLEGES OR UNIVERSITIES. (a) Authority To Make Grants.-- (1) In general.--From amounts made available under paragraph (2), the Secretary shall award grants in accordance with this section to historically women's public colleges or universities for the preservation and restoration of historic buildings and structures on their campuses. (2) Source of funding.--Grants under paragraph (1) shall be awarded from amounts appropriated to carry out the National Historic Preservation Act (16 U.S.C. 470 et seq.) for fiscal years 2002 through 2006. (b) Grant Conditions.--Grants made under subsection (a) shall be subject to the condition that the grantee agree, for the period of time specified by the Secretary, that-- (1) no alteration will be made in the property with respect to which the grant is made without the concurrence of the Secretary; and (2) reasonable public access to the property for which the grant is made will be permitted by the grantee for interpretive and educational purposes. (c) Matching Requirement for Buildings and Structures Listed on the National Register of Historic Places.-- (1) In general.--Except as provided by paragraph (2), the Secretary may obligate funds made available under this section for a grant with respect to a building or structure listed on the National Register of Historic Places, designated as a National Historic Landmark, or located within a designated historic district, only if the grantee agrees to provide for activities under the grant, from funds derived from non-Federal sources, an amount equal to 50 percent of the costs of the program to be funded under the grant with the Secretary providing 50 percent of such costs under the grant. (2) In-kind contributions.--In addition to cash outlays and payments, in-kind contributions of property or personnel services by non-Federal interests may be used for the non- Federal share of costs required by paragraph (1). (d) Funding Provisions.-- (1) Amounts to be made available.--Not more than $16,000,000 for each of the fiscal years 2002 through 2006 may be made available under this section. (2) Allocations for fiscal year 2002.-- (A) In general.--Of the amounts made available under this section for fiscal year 2002, there shall be available only for grants under subsection (a) $2,000,000 for each of the following: (i) Mississippi University for Women in Colombus, Mississippi. (ii) Georgia College and State University in Milledgeville, Georgia. (iii) University of North Carolina in Greensboro, North Carolina. (iv) Winthrop University in Rock Hill, South Carolina. (v) University of Montevallo in Montevallo, Alabama. (vi) Texas Woman's University in Denton, Texas. (vii) University of Science and Arts of Oklahoma in Chickasha, Oklahoma. (viii) Wesleyan College in Macon, Georgia. (B) Less than $16,000,000 available.--If less than $16,000,000 is made available under this section for fiscal year 2002, then the amount made available to each of the institutions listed in subparagraph (A) shall be reduced by the same amount. (3) Allocations for fiscal years 2003-2006.--Any funds which are made available during fiscal years 2003 through 2006 under subsection (a)(2) shall be distributed by the Secretary in accordance with the provisions of subparagraphs (A) and (B) of paragraph (2) to those grantees named in paragraph (2)(A) which remain eligible and desire to participate, on a uniform basis, in such fiscal years. (e) Regulations.--The Secretary shall promulgate such regulations as are necessary to carry out this Act.

Historically Women's Public Colleges or Universities Historic Building Restoration and Preservation Act - Directs the Secretary of the Interior to award grants to historically women's public colleges or universities for the preservation and restoration of historic buildings and structures on their campuses. Specifies eight institutions to receive such grants in FY 2002.

To provide for the preservation and restoration of historic buildings at historically women's public colleges or universities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Social Security Reporting Information and Right to Know Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Social Security Advisory Board, the Technical Panel on Assumptions and Methods of the Social Security Advisory Board (in this Act referred to as the ``Panel''), and the Office of the Chief Actuary of the Social Security Administration should be commended for their professional, nonpartisan work to project the future financial operations of the social security program established under title II of the Social Security Act. (2) The Panel reported its recommendations in November 1999. (3) The Panel recommended a series of changes to current projections of the financial operations of the social security program which would, if adopted, increase existing estimates of the program's unfunded obligations. (4) The Panel further recommended the use of standards of comparison that emphasize program sustainability, such as showing the program's projected annual income rates, cost rates, and balances with an emphasis that is equal to 75-year program solvency. (5) The Panel further recommended that reform proposals be evaluated using standards of comparison that include the proposal's impact on the Federal unified budget, as well as a recognition of the funding shortfalls present under current law. (6) The Panel made several other recommendations that are worthy of consideration, involving issues that include workforce participation, poverty rates among the elderly, and assumptions regarding equity investment returns. (7) Adoption of the Panel's recommendations would assist in developing a fiscally responsible reform solution that avoids passing hidden costs to future taxpayers. SEC. 3. EXPANSION OF SOCIAL SECURITY ACCOUNT STATEMENT. (a) In General.--Section 1143(a)(2) of the Social Security Act (42 U.S.C. 1320b-13(a)(2)) is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting a semicolon, and by adding at the end the following: ``(E) a statement providing information that-- ``(i) while the old age, survivors, and disability insurance program currently collects more in employer, employee, and self-employment contributions than such program pays out in retirement, disability, survivor, and auxiliary benefits each year, such program will begin to run cash flow deficits in 2015, thereafter necessitating the allocation of general tax revenues in order to finance promised benefits; and ``(ii) the trust funds for such program contain claims on future Government resources sufficient to cover the deficit through 2037, but after that date, the trust funds would collect sufficient revenues to pay 72 percent of benefits; and ``(F) a statement explaining the nature of the Federal old age, survivors, and disability insurance trust funds, including the following: `Social Security Trust Fund balances are available to finance future benefit payments and other Trust Fund responsibilities only in a bookkeeping sense. They do not consist of real economic assets that can be drawn down in the future to fund benefits. Instead, such balances are claims on the United States Treasury that, when redeemed, will have to be financed by raising taxes, borrowing from the public, or reducing benefits or other expenditures. The existence of large Social Security Trust Fund balances, therefore, does not, by itself, have any impact on the Federal Government's ability to pay benefits.'. For purposes of subparagraph (E), the dates and percentages described in such subparagraph shall be adjusted annually based on the Alternative II (Intermediate) findings of the Office of the Chief Actuary contained in the most recent report of the Board of Trustees.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to statements provided after the date of enactment of this Act. SEC. 4. EXPANSION OF ANNUAL REPORT OF THE TRUSTEES OF THE SOCIAL SECURITY TRUST FUNDS. (a) In General.--Section 201(c) of the Social Security Act (42 U.S.C. 401(c)) is amended by inserting before the penultimate sentence the following: ``Based on the Alternative II (Intermediate) findings of the Office of the Chief Actuary, such report, including the report's summary and any items that accompany the release of such report, shall include in a clear and simple manner the information described in subsection (n)(1).''. (b) Additional Contents of Report.--Section 201 of the Social Security Act (42 U.S.C. 401) is amended by adding at the end the following: ``(n)(1) For purposes of subsection (c), the information described in this subsection is the following: ``(A) An estimate of the year in which annual outlays from the Trust Funds is first projected, using the Trustees' intermediate estimates, to exceed the annual cash income of the Trust Funds. For purposes of this paragraph, annual cash income of the Trust Funds shall be determined by including payroll and benefit tax revenues, but not intragovernmental transfers or interest income. ``(B) The annual excess of such projected annual outlays from the Trust Funds over the annual cash income of the Trust Funds in each year, beginning with the first year identified in subparagraph (A) and extending through the year of projected program insolvency. ``(C) The aggregate amount of the annual excesses identified in subparagraph (B) for the 75-year projection period included in the report and the change in such amount from the previous year's report. ``(D) The amount of deficit or surplus that the old-age, survivor, and disability insurance program will run in the last year in the 75-year projection period included in the report and the aggregate assets and unfunded obligations contained in the Trust Funds in that final projected year. ``(E) The amount that payroll taxes would have to be raised or benefits be reduced (both in percentage terms) in order to keep the old-age, survivor, and disability insurance program in annual financial balance after any cumulative balances in the Trust Funds are exhausted. For purposes of the preceding sentence, such program shall be considered to be in annual financial balance when the annual cash income of the Trust Funds and annual outlays from the Trust Funds are approximately equal for each year throughout the 75-year projection period included in the report. ``(F) How the annual amounts identified in subparagraph (B) would change if either raising payroll taxes or reducing benefits to keep the program in financial balance is delayed for 5, 10, 25, and 50 years. ``(G) A provision explaining the nature of the Trust Funds, including the following statement: `Social Security Trust Fund balances are available to finance future benefit payments and other Trust Fund responsibilities only in a bookkeeping sense. They do not consist of real economic assets that can be drawn down in the future to fund benefits. Instead, such balances are claims on the United States Treasury that, when redeemed, will have to be financed by raising taxes, borrowing from the public, or reducing benefits or other expenditures. The existence of large Social Security Trust Fund balances, therefore, does not, by itself, have any impact on the Federal Government's ability to pay benefits.'. ``(2) The information described in subparagraphs (B), (C), and (D) of paragraph (1) shall be presented in terms of nominal dollars, inflation-adjusted dollars, and present discounted value in the report under subsection (c)(2), and in terms of inflation-adjusted dollars in the summary of such report. ``(3) The Board of Trustees shall publish the economic model and all relevant data that are used to make the financial projections included in the report under subsection (c)(2) and to make it available on the Social Security Administration Internet web site. Annually, the Board of Trustees shall also include in such report any changes made to the model and data in the preceding 12 months. ``(4) The information described in paragraph (1) shall also be included in a separate report to Congress to be submitted not later than the first day of April of each year (beginning with 2002).''. (c) Effective Date.--The amendments made by this section shall apply with respect to reports made after the date of enactment of this Act. SEC. 5. ANNUAL REPORT FROM THE COMMISSIONER OF SOCIAL SECURITY. (a) In General.--Section 704 of the Social Security Act (42 U.S.C. 904) is amended by adding at the end the following: ``Annual Report to Congress ``(f) The Commissioner, in conjunction with the Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget, shall submit an annual report to Congress that includes the following: ``(1) Projections of the old-age, survivors, and disability insurance program's (in this subsection referred to as the `program') annual income rates, cost rates, and annual balances throughout the 75-year valuation window used by the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (in this subsection referred to as the `Board of Trustees'). ``(2) A clear and explicit presentation of the program's financing shortfalls, expressed as the excess in dollars of program outlays over revenues, in years that the sum of payroll tax revenues and revenues resulting from taxes imposed on benefits provided under the program are projected by the Board of Trustees to be less than program outlays. ``(3) A presentation of benefit levels under the program and tax rates throughout the long-range valuation period used by the Board of Trustees that reflects the extent to which benefits would need to be reduced to be funded under currently projected program revenues, and the percentage that taxes would need to be increased in order to fund promised benefits. ``(4) An evaluation of the effects upon national savings levels and on the fiscal operations of the Federal Government of enacted provisions of law relating to the program. ``(5) Estimates of average lifetime values of benefits for different age, income, and gender cohorts, respectively, for recipients of benefits under the program, that are consistent with the estimates of the Board of Trustees of the percentage of benefits that can be funded under such enacted provisions of law.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to reports made for calendar years beginning after the date of enactment of this Act. SEC. 6. SENSE OF CONGRESS REGARDING SOCIAL SECURITY REFORM LEGISLATION. It is the sense of Congress that Congress and the President should not miss a critical opportunity to enact comprehensive bipartisan social security reform legislation that meets the standard of 75-year actuarial solvency and also addresses the following issues: (1) The permanent sustainability of the social security program. (2) The long-term impact of reform upon the fiscal operations of the Federal Government as a whole. (3) The need for a clear and explicit presentation of the anticipated reduction in the social security program's unfunded obligations. (4) Ensured continued solvency under alternative assumptions regarding mortality, fertility, rates of return, and other appropriate economic and demographic assumptions. (5) The total amount of retirement income provided under proposed reform in comparison to a standard that explicitly recognizes the benefit reductions or tax increases that enacted provisions of law relating to the social security program would require, according to the estimates in the most recent report of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. (6) The long-term impact of the current projections of insolvency and of alternative reform proposals upon workforce participation, poverty among the elderly, national savings levels, and other issues identified by the Panel. SEC. 7. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF RECOMMENDATIONS. It is the sense of Congress that the recommendations of the Panel should be implemented to the extent deemed reasonable by the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, in consultation with the agencies and offices that have research, estimating, and reporting responsibilities pertinent to the social security program.

Social Security Reporting Information and Right to Know Act of 2001 - Amends part A (General Provisions) of title XI of the Social Security Act (SSA) with regard to Social Security account statements to require them to contain additional statements of specified information relating to projections of the future financial operations and status of the Social Security program under SSA title II (Old Age, Survivors and Disability Insurance) (OASDI).Amends SSA title II with regard to the Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund (Trust Funds) to require the Board of Trustees of the Trust Funds annual report to Congress on the operation and status of such Trust Funds to include similarly related information.Amends SSA title XVII (Administration) to direct the Commissioner of Social Security to submit an annual report to Congress that includes specified information relating to program solvency and expected benefits.Expresses the sense of Congress that: (1) Congress and the President should not miss a critical opportunity to enact comprehensive bipartisan Social Security reform legislation that meets the standard of 75-year actuarial solvency and also addresses specified issues, such as the permanent sustainability of the Social Security program; and (2) the recommendations of the Technical Panel on Assumptions and Methods of the Social Security Advisory Board should be implemented to the extent deemed reasonable by the Board of Trustees of the Trust Funds.

A bill to amend the Social Security Act to require Social Security Administration publications to highlight critical information relating to the future financing shortfalls of the social security program, to require the Commissioner of Social Security to provide Congress with an annual report on the social security program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Market Royalty Act''. SEC. 2. BROADCAST PERFORMANCE RIGHT IN SOUND RECORDINGS. Section 106(6) of title 17, United States Code, is amended by striking ``a digital audio'' and inserting ``an audio''. SEC. 3. FREE MARKET FOR LICENSING OF PUBLIC PERFORMANCES. Section 114 of title 17, United States Code, is amended as follows: (1) Subsection (d) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``a digital audio'' and inserting ``an audio''; (ii) by striking subparagraph (A); and (iii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; (B) by striking paragraph (2); (C) in paragraph (3)-- (i) in subparagraphs (A) and (B)(i), by striking ``of digital audio'' and inserting ``of an audio''; and (ii) in subparagraph (D), by striking ``a digital audio'' and inserting ``an audio''; (D) in paragraph (4), in subparagraphs (A) and (B)(i), by striking ``a digital audio'' and inserting ``an audio''; and (E) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (2) Section 114 of title 17, United States Code, is amended by striking subsections (e), (f), and (g), and inserting the following: ``(e) Efficiency of Licensing.-- ``(1) Collective negotiation for noninteractive services.-- Pursuant to section 106(6), and notwithstanding any other provision of law, any noninteractive services performing sound recordings publicly by means of an audio transmission may collectively negotiate and agree to royalty rates and license terms and conditions for the performance of such sound recordings. ``(2) One-stop licensing for noninteractive services.-- ``(A) Negotiation of licenses by common agent.-- Pursuant to section 106(6), and notwithstanding any other provision of law, for licenses for noninteractive audio transmissions, SoundExchange, Inc., or any successor entity is designated as the sole common agent to negotiate, agree to, pay, and receive payments under this section. If a license for noninteractive audio transmissions is agreed to by such common agent, copyright owners of sound recordings may subsequently negotiate and agree to royalty rates and license terms and conditions with any noninteractive services performing sound recordings publicly by means of an audio transmission for the performance of such sound recordings. ``(B) Direct payment and equal compensation.--The common agent under subparagraph (A) shall make distributions directly to the following recipients from payments collected under this section as follows: ``(i) 50 percent shall be paid to the copyright owner. ``(ii) 45 percent shall be paid to featured recording artists. ``(iii) 5 percent shall be paid to nonfeatured musicians and vocalists (through the American Federation of Musicians and Screen Actors Guild-American Federation of Television and Radio Artists Intellectual Property Rights Distribution Fund, or their successors). ``(f) Payments From Individual Licenses for Noninteractive Audio Transmissions.--In the case of a license granted by the copyright owner of a sound recording to a noninteractive service performing sound recordings publicly by means of an audio transmission, such service shall pay to the common agent described in subsection (e) receipts from the licensing of such transmissions in an amount equal to 50 percent of the total royalties and other compensation that the service is required to pay for such transmissions under the applicable license agreement. Such common agent shall distribute such payments in proportion to the distributions provided in clauses (ii) and (iii) of subsection (e)(2)(B), and such payments shall be the sole payments to which featured and nonfeatured artists are entitled by reason of such transmissions under the license with that service. ``(g) Backstop for Public and Noncommercial Stations.-- ``(1) Establishment of rates and terms.--If royalty rates and license terms and conditions for the audio transmission or retransmission of a nonsubscription broadcast consisting solely of noncommercial educational and cultural radio programs are not negotiated and agreed upon collectively under subsection (e) between the common agent and a noncommercial educational broadcast station funded on or after January 1, 1995, under section 396(k) of the Communications Act of 1934 (47 U.S.C. 396(k)), a proceeding under chapter 8 of this title shall determine the rates and terms for such transmissions and retransmissions. The Copyright Royalty Judges shall establish such rates and terms that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller. In determining such rates and terms, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties. ``(2) Payment of royalties.--All royalty payments under this subsection for over-the-air nonsubscription broadcast transmissions required to be paid by public broadcasting entities that are eligible to receive funding on the basis of the formula set forth in section 396(k)(6)(B) of the Communications Act of 1934 (47 U.S.C. 396(k)(6)(B)) or that are authorized to transmit over-the-air nonsubscription broadcast performances of nondramatic musical works pursuant to arrangements negotiated or otherwise made by the Corporation for Public Broadcasting under section 118, shall first be made using funds made available pursuant to section 396(k)(3)(A)(I)(II) of the Communications Act of 1934.''. (3) Subsection (h)(1) is amended by striking ``a digital audio'' and inserting ``an audio''. (4) Subsection (j) is amended-- (A) in paragraph (1), by striking ``digital audio'' and inserting ``audio''; (B) by striking paragraphs (2), (4), (5), (6), (8), (10), and (11); (C) by inserting after paragraph (1) the following: ``(2) An `audio transmission' is a transmission that embodies the transmission of a sound recording, and does not include the transmission of any audiovisual work.''; (D) by redesignating paragraph (7) as paragraph (4); (E) by inserting after paragraph (4), as redesignated, the following: ``(5) A `noninteractive service' is a service that would have been eligible for statutory licensing under subsection (d)(2) of this section, as such subsection was in effect on September 1, 2013''; and (F) by redesignating paragraphs (9), (12), (13), (14), and (15) as paragraphs (6), (7), (8), (9), and (10) respectively. SEC. 4. EPHEMERAL RECORDINGS. Section 112 of title 17, United States Code, is amended-- (1) in subsection (a)(1), by striking ``including a statutory license under section 114(f)'' and inserting ``including a license to perform a sound recording under section 114''; and (2) by striking subsection (e) and inserting the following: ``(e) Efficiency of Licensing.--The provisions of subsections (e)(1), (e)(2)(A), and (g) of section 114 shall apply to licensing of the right to reproduce phonorecords of a sound recording under section 106(1)-- ``(1) for use solely to make noninteractive audio transmissions licensable under such subsections of section 114, or ``(2) for use solely under the limitation on exclusive rights specified by section 114(d)(1)(B)(iv), under circumstances in which such reproductions would have been eligible for statutory licensing under this subsection, as this subsection was in effect on September 1, 2013.''. SEC. 5. CHAPTER 8 PROCEEDINGS OF COPYRIGHT ROYALTY JUDGES; TECHNICAL AMENDMENTS. (a) Functions.--Section 801(b) of title 17, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``112(e), 114,''; and (B) by striking ``sections 114(f)(1)(B), 115,'' and inserting ``sections 115''; (2) in paragraph (3)(C), by striking ``804(b)(8)'' and inserting ``804(b)(7)''; (3) in paragraph (7)(B), by striking ``112(e)(5), 114(f)(3),''; (4) by redesignating paragraph (8) as paragraph (9); and (5) by inserting after paragraph (7) the following: ``(8) To determine the rates and terms for transmissions under section 114(g) and reproductions under section 112(e).''. (b) Proceedings.--Section 803 of title 17, United States Code, is amended-- (1) in subsection (b)(1)(A)(i)-- (A) by striking subclauses (II) and (III); (B) in subclause (IV), by striking ``804(b)(8)'' and inserting ``804(b)(7)''; and (C) by redesignating subclauses (IV) and (V) as subclauses (II) and (III), respectively; and (2) in subsection (c)(2)(E)(i), by striking ``on a specified date, then--'' and all that follows through ``as of the date of that determination.'' and inserting ``on a specified date, then the initial determination of the Copyright Royalty Judges that is the subject of the rehearing motion shall be effective as of the day following the date on which the rates and terms that were previously in effect expire.''. (c) Judicial Review.--Section 803(d)(2)(C)(ii) of title 17, United States Code, is amended by striking ``by the Copyright Royalty Judges'' and inserting ``under section 114(e)(2) or 112(e), or, in any other case, by the Copyright Royalty Judges,''. (d) Institution of Proceedings.--Section 804 of title 17, United States Code, is amended-- (1) in subsection (a)-- (A) in the first sentence, by striking ``112, 114,''; and (B) by striking the last sentence; and (2) in subsection (b)-- (A) by striking paragraph (2); (B) by striking paragraph (3) and inserting the following: ``(2) Certain sections 114 and 112 proceedings.-- Proceedings under this chapter to determine terms and rates of royalty payments under section 114(g) or 112(e) may be commenced only pursuant to petitions filed after the end of the 6-month period beginning on the effective date of the Free Market Royalty Act. Thereafter, proceedings described in the preceding sentence may be commenced only pursuant to a petition filed at any time within 1 year after negotiated licenses authorized by section 114 or 112(e) (as the case may be) expire and are not replaced by subsequent agreements. For purposes of proceedings to determine terms and rates under this paragraph, the Copyright Royalty Judges shall make a determination as to whether the petitioner has a significant interest in the terms and rates in which a determination by the Judges is requested. If the Copyright Royalty Judges determine that the petitioner has such a significant interest, the Copyright Royalty Judges shall cause notice of this determination, with the reasons for such determination, to be published in the Federal Register, together with the notice of commencement of proceedings under this chapter.''; and (C) by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively. (e) Technical Amendments.--Section 114 of title 17, United States Code, is amended as follows: (1) Subsection (a) is amended by striking ``clauses'' and inserting ``paragraphs''. (2) Subsection (b) is amended-- (A) by striking ``clause'' each place it appears and inserting ``paragraph''; (B) by striking ``clauses'' each place it appears and inserting ``paragraphs''; and (C) by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. SEC. 6. STUDY BY COPYRIGHT OFFICE. The Register of Copyrights shall-- (1) conduct a study on the protection of making available to the public copyrighted works under paragraph (3) of section 106 of title 17, United States Code, and communicating to the public copyrighted works under paragraph (4) of such section, and recommend any amendments to such paragraphs necessary to so protect the rights of making available to the public copyrighted works and communicating to the public copyrighted works; and (2) not later than 9 months after the date of the enactment of this Act, submit to the Committees on the Judiciary of the House of Representatives and the Senate a report on the results of the studies conducted under paragraph (1), including any recommendations under such paragraph. SEC. 7. EFFECTIVE DATE. (a) Phase-Out of Statutory Licenses.--The amendments made by sections 2, 3, 4, and 5-- (1) shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act; and (2) shall apply with respect to audio transmissions of sound recordings that are made on or after the effective date under paragraph (1). (b) Other Provisions.--Sections 1 and 6 shall take effect on the date of the enactment of this Act.

Free Market Royalty Act - Amends federal copyright law to provide a public performance right for all audio transmissions of sound recordings, thereby extending such right to require terrestrial AM/FM broadcast radio stations to pay royalties for non-digital audio transmissions. (Currently, a performance right for sound recordings is provided only with respect to digital transmissions by cable, satellite, and Internet radio stations.) Eliminates statutory licensing royalty rates set by Copyright Royalty Judges (CRJs) for the public performance of sound recordings by noninteractive digital audio services. Allows any noninteractive services performing sound recordings publicly by means of an audio transmission (including cable, satellite, Internet, and AM/FM broadcasters) to collectively negotiate royalty rates for such performances. Designates SoundExchange, Inc. (an independent, nonprofit organization that collects and distributes royalties), or any successor entity, as the sole common agent to negotiate, agree to, pay, and receive royalty payments. Authorizes copyright owners of sound recordings, if a license is agreed to by the common agent, to subsequently negotiate and agree to royalty rates and license terms and conditions with any noninteractive services for the performance of such sound recordings (thus allows copyright owners to opt-out of rates or conditions negotiated by the common agent and to instead negotiate direct licenses for their recordings). Sets forth the royalty payment distributions to be made by the common agent to copyright owners, featured recording artists, and non-featured musicians and vocalists. Establishes procedures for CRJs to set rates and terms for nonsubscription broadcasts consisting solely of noncommercial educational and cultural radio programs when such rates and terms are not negotiated and agreed upon collectively between the common agent and the noncommercial educational broadcast station. Modifies ephemeral recording requirements (licenses to reproduce phonorecords to facilitate transmissions) to account for the removal of statutory licensing procedures.

Free Market Royalty Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Assistance Act''. TITLE I--GENERAL ADOPTION ASSISTANCE SEC. 101. REFUNDABLE CREDIT FOR ADOPTION EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. ADOPTION EXPENSES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified adoption expenses paid or incurred by the taxpayer during such taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount of qualified adoption expenses which may be taken into account under subsection (a) with respect to the adoption of a child shall not exceed $5,000. ``(2) Income limitation.--The amount allowable as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph but with regard to paragraph (1)) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income (determined without regard to sections 911, 931, and 933) exceeds $60,000, bears to ``(B) $40,000. ``(3) Denial of double benefit.-- ``(A) In general.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowable under any other provision of this chapter. ``(B) Grants.--No credit shall be allowed under subsection (a) for any expense to the extent that funds for such expense are received under any Federal, State, or local program. ``(c) Qualified Adoption Expenses.-- ``(1) In general.--For purposes of this section, the term `qualified adoption expenses' means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses-- ``(A) which are directly related to, and the principal purpose of which is for, the legal and final adoption of a child by the taxpayer, and ``(B) which are not incurred in violation of State or Federal law or in carrying out any surrogate parenting arrangement. ``(2) Expenses for adoption of spouse's child not eligible.--The term `qualified adoption expenses' shall not include any expenses in connection with the adoption by an individual of a child who is the child of such individual's spouse. ``(d) Married Couples Must File Joint Returns, Etc.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section.'' (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following: ``Sec. 35. Adoption expenses. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. TITLE II--ADOPTION ASSISTANCE FOR FEDERAL EMPLOYEES SEC. 201. REIMBURSEMENT FOR ADOPTION EXPENSES. (a) In General.--Subpart G of part III of title 5, United States Code, is amended by adding at the end the following: ``CHAPTER 90--MISCELLANEOUS EMPLOYEE BENEFITS ``9001. Adoption benefits. ``Sec. 9001. Adoption benefits ``(a) For the purpose of this section-- ``(1) the term `agency' means-- ``(A) an Executive agency; ``(B) an agency in the judicial branch; and ``(C) an agency in the legislative branch (other than any included under subparagraph (A)); ``(2) the term `employee' does not include any individual who, pursuant to the exercise of any authority under section 8913(b), is excluded from participating in the health insurance program under chapter 89; and ``(3) the term `adoption expenses', as used with respect to a child, means any reasonable and necessary expenses directly relating to the adoption of such child, including-- ``(A) fees charged by an adoption agency; ``(B) placement fees; ``(C) legal fees; ``(D) counseling fees; ``(E) medical expenses, including those relating to obstetrical care for the biological mother, medical care for the child, and physical examinations for the adopting parent or parents; ``(F) foster-care charges; and ``(G) transportation expenses. ``(b) The head of each agency shall by regulation establish a program under which any employee of such agency who adopts a child shall be reimbursed for any adoption expenses incurred by such employee in the adoption of such child. ``(c) Under the regulations, reimbursement may be provided only-- ``(1) after the adoption becomes final, as determined under the laws of the jurisdiction governing the adoption; ``(2) if, at the time the adoption becomes final, the child is under 18 years of age and unmarried; and ``(3) if appropriate written application is filed within such time, complete with such information, and otherwise in accordance with such procedures as may be required. ``(d)(1) Reimbursement for an employee under this section with respect to any particular child-- ``(A) shall be payable only if, or to the extent that, similar benefits paid (or payable) under one or more programs established under State law or another Federal statute have not met (or would not meet) the full amount of the adoption expenses incurred; and ``(B) may not exceed $2,000. ``(2)(A) In any case in which both adopting parents are employees eligible for reimbursement under this section, each parent shall be eligible for an amount determined in accordance with paragraph (1), except as provided in subparagraph (B). ``(B) No amount shall be payable under this section if, or to the extent that, payment of such amount would cause the sum of the total amount payable to the adoptive parents under this section, and the total amount paid (or payable) to them under any program or programs referred to in paragraph (1)(A), to exceed the lesser of-- ``(i) the total adoption expenses incurred; or ``(ii) $4,000. ``(3) The guidelines issued under subsection (g) shall include provisions relating to interagency cooperation and other appropriate measures to carry out this subsection. ``(e) Any amount payable under this section shall be paid from the appropriation or fund used to pay the employee involved. ``(f) An application for reimbursement under this section may not be denied based on the marital status of the individual applying. ``(g)(1) The Office of Personnel Management may issue any general guidelines which the Office considers necessary to promote the uniform administration of this section. ``(2) The regulations prescribed by the head of each Executive agency under this section shall be consistent with any guidelines issued under paragraph (1). ``(3) Upon the request of any agency, the Office may provide consulting, technical, and any other similar assistance necessary to carry out this section.''. (b) Conforming Amendments.--(1) The heading of subpart G of part III of title 5, United States Code, is amended to read as follows: ``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''. (2) The analysis for part III of title 5, United States Code, is amended-- (A) by striking the item relating to subpart G and inserting in lieu thereof the following: ``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''; and (B) by adding after the item relating to chapter 89 the following: ``90. Miscellaneous Employee Benefits....................... 9001''. SEC. 202. APPLICABILITY TO POSTAL EMPLOYEES. Section 1005 of title 39, United States Code, is amended by adding at the end the following: ``(g) Section 9001 of title 5 shall apply to the Postal Service. Regulations prescribed by the Postal Service to carry out this subsection shall be consistent with any guidelines issued under subsection (g)(1) of such section.''. SEC. 203. EFFECTIVE DATE. This title shall take effect on October 1, 1995, and shall apply with respect to any adoption which becomes final (determined in the manner described in section 9001(c)(1) of title 5, United States Code, as added by this title) on or after that date. TITLE III--EXCLUSION OF ADOPTION ASSISTANCE SEC. 301. EXCLUSION OF ADOPTION ASSISTANCE. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. ADOPTION ASSISTANCE. ``(a) In General.--Gross income of an employee does not include employee adoption assistance benefits, or military adoption assistance benefits, received by the employee with respect to the employee's adoption of a child. ``(b) Definitions.--For purposes of this section-- ``(1) Employee adoption assistance benefits.--The term `employee adoption assistance benefits' means payment by an employer of qualified adoption expenses with respect to an employee's adoption of a child, or reimbursement by the employer of such qualified adoption expenses paid or incurred by the employee in the taxable year. ``(2) Employer and employee.--The terms `employer' and `employee' have the respective meanings given such terms by section 127(c). ``(3) Military adoption assistance benefits.--The term `military adoption assistance benefits' means benefits provided under section 1052 of title 10, United States Code, or section 514 of title 14, United States Code. ``(4) Qualified adoption expenses.-- ``(A) In general.--The term `qualified adoption expenses' means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses-- ``(i) which are directly related to, and the principal purpose of which is for, the legal adoption of an eligible child by the taxpayer, and ``(ii) which are not incurred in violation of State or Federal law or in carrying out any surrogate parenting arrangement. ``(B) Eligible child.--The term `eligible child' means any individual-- ``(i) who has not attained age 18 as of the time of the adoption, or ``(ii) who is physically or mentally incapable of caring for himself. ``(c) Coordination With Other Provisions.--The Secretary shall issue regulations to coordinate the application of this section with the application of any other provision of this title which allows a credit or deduction with respect to qualified adoption expenses.'' (b) 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 137 and inserting the following new items: ``Sec. 137. Adoption assistance. ``Sec. 138. Cross references to other Acts.'' (c) Effective Date.--The amendments made this section shall apply to taxable years beginning after December 31, 1995.

TABLE OF CONTENTS: Title I: General Adoption Assistance Title II: Adoption Assistance for Federal Employees Title III: Exclusion of Adoption Assistance Adoption Assistance Act - Title I: General Adoption Assistance - Amends the Internal Revenue Code to allow an individual a refundable tax credit of up to $5,000 for qualified adoption expenses paid or incurred during the taxable year. Provides a limitation based on modified adjusted gross income. Title II: Adoption Assistance for Federal Employees - Requires the head of each agency to establish a program under which any employee of such agency (including a Postal Service employee) who adopts a child shall be provided a limited reimbursement for adoption expenses. Prohibits denial of an application for reimbursement on the basis of the marital status of the individual. Title III: Exclusion of Adoption Assistance - Amends the Internal Revenue Code to exclude from gross income employee or military adoption assistance benefits received by an employee for adoption assistance.

Adoption Assistance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Physician Pipeline Act of 2009''. SEC. 2. RURAL PHYSICIAN TRAINING GRANTS. Part C of title VII of the Public Health Service Act (42 U.S.C. 293k et seq.) is amended-- (1) after the part heading, by inserting the following: ``Subpart I--Medical Training Generally''; and (2) by inserting at the end the following: ``Subpart II--Training in Underserved Communities ``SEC. 749. RURAL PHYSICIAN TRAINING GRANTS. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program to make grants to eligible entities for the purposes of-- ``(1) assisting eligible entities in recruiting students most likely to practice medicine in underserved rural communities; ``(2) providing rural-focused training and experience; and ``(3) increasing the number of recent allopathic and osteopathic medical school graduates who practice in underserved rural communities. ``(b) Eligible Entities.--In order to be eligible to receive a grant under this section, an entity shall-- ``(1) be a school of allopathic or osteopathic medicine accredited by a nationally recognized accrediting agency or association approved by the Secretary for this purpose, or any combination or consortium of such schools; and ``(2) submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require, including a certification that such entity-- ``(A) will use amounts provided to the institution to-- ``(i) establish and carry out a Rural Physician Training Program described in subsection (d); ``(ii) improve an existing rural-focused training program to meet the requirements described in subsection (d) and carry out such program; or ``(iii) expand and carry out an existing rural-focused training program that meets the requirements described in subsection (d); and ``(B) employs, or will employ within a timeframe sufficient to implement the Program (as described by a timetable and supporting documentation in the application of the eligible entity), faculty with experience or training in rural medicine or with experience in training rural physicians. ``(c) Priority.--In awarding grant funds under this section, the Secretary shall give priority to eligible entities that-- ``(1) demonstrate a record of successfully training students, as determined by the Secretary, who practice medicine in underserved rural communities; ``(2) demonstrate that an existing academic program of the eligible entity produces a high percentage, as determined by the Secretary, of graduates from such program who practice medicine in underserved rural communities; ``(3) demonstrate rural community institutional partnerships, though such mechanisms as matching or contributory funding, documented in-kind services for implementation, or existence of training partners with interprofessional expertise (such as dental, vision, or mental health services) in community health center training locations or other similar facilities; or ``(4) submit, as part of the application of the entity under subsection (b), a plan for the long-term tracking of where the graduates of such entity are practicing medicine. ``(d) Use of Funds.-- ``(1) Establishment.--An eligible entity receiving a grant under this section shall use the funds made available under such grant to-- ``(A) establish and carry out a `Rural Physician Training Program' (referred to in this section as the `Program'); ``(B) improve an existing rural-focused training program to meet the Program requirements described in this subsection and carry out such program; or ``(C) expand and carry out an existing rural- focused training program that meets the Program requirements described in this subsection. ``(2) Structure of program.--An eligible entity shall-- ``(A) enroll no fewer than 10 students per class year into the Program; and ``(B) develop criteria for admission to the Program that gives priority to students-- ``(i) who have originated from or lived for a period of 2 or more years in an underserved rural community; and ``(ii) who express a commitment to practice medicine in an underserved rural community. ``(3) Curricula.--The Program shall require students to enroll in didactic coursework and clinical experience particularly applicable to medical practice in underserved rural communities, including-- ``(A) clinical rotations in underserved rural communities, and in specialties including family medicine, internal medicine, pediatrics, surgery, psychiatry, and emergency medicine; ``(B) in addition to core school curricula, additional coursework or training experiences focused on medical issues prevalent in underserved rural communities, including in areas such as trauma, obstetrics, ultrasound, oral health, and behavioral health; and ``(C) any coursework or clinical experience that-- ``(i) may be developed as a result of the Symposium described in subsection (f); or ``(ii) the Secretary finds appropriate. ``(4) Residency placement assistance.--Where available, the Program shall assist all students of the Program in obtaining clinical training experiences in locations with postgraduate programs offering residency training opportunities in underserved rural communities, or in local residency training programs that support and train physicians to practice in underserved rural communities, as well as assist all students of the Program in obtaining postgraduate residency training in such programs. ``(5) Program student cohort support.--The Program shall provide and require all students of the Program to participate in social, educational, and other group activities designed to further develop, maintain, and reinforce the original commitment of such students to practice in an underserved rural community. ``(e) Annual Reporting Requirement.--On an annual basis, an eligible entity receiving a grant under this section shall submit a report to the Secretary on-- ``(1) the overall success of the Program established by the entity, based on criteria the Secretary determines appropriate; ``(2) the number of students participating in the Program; ``(3) the number of graduating students who participated in the Program; ``(4) the residency program selection of graduating students who participated in the Program; ``(5) the number of graduates who participated in the Program who are practicing in underserved rural communities not less than one year after completing residency training; and ``(6) the number of graduates who participated in the Program who are not practicing in underserved rural communities not less than one year after completing residency training. ``(f) Rural Training Program Symposium.-- ``(1) Purposes of symposium.--To assist the Secretary in carrying out the Program and making grant determinations under this section, the Secretary shall convene a Rural Training Program Symposium (referred to in this section as the `Symposium') to-- ``(A) develop best practices that may be incorporated into consideration of applications under subsection (b); and ``(B) establish a network of allopathic and osteopathic medical schools that have developed or will develop rural training programs in accordance with subsection (d). ``(2) Composition.--The Symposium shall include-- ``(A) representatives from eligible entities with existing rural training programs; ``(B) representatives from all eligible entities interested in developing the Program; ``(C) representatives from area health education centers; ``(D) representatives from the Health Resources and Services Administration; and ``(E) any other experts or individuals with experience in practicing medicine in underserved rural communities the Secretary determines appropriate. ``(g) Regulations.--Not later than 60 days after the date of enactment of this section, the Secretary shall by regulation define `underserved rural community' for purposes of this section. ``(h) Supplement Not Supplant.--Any eligible entity receiving funds under this section shall use such funds to supplement, not supplant, any other Federal, State, and local funds that would otherwise be expended by such entity to carry out the activities described in this section. ``(i) Maintenance of Effort.--With respect to activities for which funds awarded under this section are to be expended, the entity shall agree to maintain expenditures of non-Federal amounts for such activities at a level that is not less than the level of such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives a grant under this section. ``(j) Authorization of Appropriations.--There are authorized to be appropriated-- ``(1) to carry out this section (other than subsection (f))-- ``(A) $4,000,000 for fiscal year 2010; ``(B) $8,000,000 for fiscal year 2011; ``(C) $12,000,000 for fiscal year 2012; and ``(D) $16,000,000 for fiscal year 2013; and ``(2) to carry out subsection (f), such sums as may be necessary.''.

Rural Physician Pipeline Act of 2009 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Administrator of the Health Resources and Services Administration, to establish a program to make grants to accredited schools of allopathic or osteopathic medicine to: (1) assist such schools in recruiting students most likely to practice medicine in underserved rural communities; (2) provide rural-focused training and experience; and (3) increase the number of recent allopathic and osteopathic medical school graduates who practice in underserved rural communities. Requires the Secretary to convene a Rural Training Program Symposium to: (1) develop best practices for such schools; and (2) establish a network of medical schools that have developed or will develop rural training programs.

To amend title VII of the Public Health Service Act to increase the number of physicians who practice in underserved rural communities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Crimes and Enforcement Act of 1999''. SEC. 2. REIMBURSEMENT OF STATE, LOCAL, OR TRIBAL GOVERNMENT COSTS FOR ASSISTANCE IN FEDERAL INVESTIGATION AND PROSECUTION OF ENVIRONMENTAL CRIMES. (a) In General.--Chapter 232 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3674. Reimbursement of State, local, or tribal government costs for assistance in Federal investigation and prosecution of environmental crimes ``(a) Definition of Environmental Crime.--In this section, the term `environmental crime' means an offense that is punishable under-- ``(1) section 14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136l(b)); ``(2) section 16(b) of the Toxic Substances Control Act (15 U.S.C. 2615(b)); ``(3) section 10, 12, 13, or 16 of the Act of March 3, 1899 (commonly known as the `Rivers and Harbors Appropriation Act of 1899') (33 U.S.C. 403, 406, 407, 411); ``(4) section 309(c) or 311(b)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1319(c), 1321(b)(5)); ``(5) section 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)); ``(6) section 9(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1908(a)); ``(7) section 4109(c) of the Shore Protection Act of 1988 (33 U.S.C. 2609(c)); ``(8) section 1423(b)(2) or subsection (a) or (b) of section 1432 of the Safe Drinking Water Act (42 U.S.C. 300h- 2(b)(2), 300i-1); ``(9) subsection (d), (e), or (i) of section 3008 of the Solid Waste Disposal Act (42 U.S.C. 6928); ``(10) section 113(c) of the Clean Air Act (42 U.S.C. 7413(c)); ``(11) subsection (b) or (d) of section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9603); ``(12) section 325(b)(4) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11045(b)(4)); ``(13) section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)); or ``(14) section 5124 or subsection (a) or (b) of section 60123 of title 49, United States Code. ``(b) Reimbursement.--On the motion of the United States, a person convicted of an environmental crime shall be ordered to pay the costs incurred by a State, local, or tribal government in assisting in the investigation and prosecution of the case by the United States. ``(c) Use of Amounts Paid.--An amount paid to a State, local, or tribal government under subsection (b) shall be used solely for the enforcement of environmental laws.''. (b) Conforming Amendment.--The analysis for chapter 232 of title 18, United States Code, is amended by adding at the end the following: ``3674. Reimbursement of State, local, or tribal government costs for assistance in Federal investigation and prosecution of environmental crimes.''. SEC. 3. PROTECTION OF GOVERNMENT EMPLOYEES AND THE PUBLIC FROM ENVIRONMENTAL CRIMES. (a) In General.--Chapter 39 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 837. Protection of government employees and the public from environmental crimes ``(a) Definitions.--In this section: ``(1) Environmental crime.--The term `environmental crime' means an offense that is punishable under-- ``(A) section 14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136l(b)); ``(B) section 16(b) of the Toxic Substances Control Act (15 U.S.C. 2615(b)); ``(C) paragraph (2) or (4) of section 309(c) or section 311(b)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1319(c), 1321(b)(5)); ``(D) section 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)); ``(E) section 1423(b)(2) or subsection (a) or (b) of section 1432 of the Safe Drinking Water Act (42 U.S.C. 300h-2(b)(2), 300i-1); ``(F) section 3008(d) of the Solid Waste Disposal Act (42 U.S.C. 6928(d)); ``(G) paragraph (1) or (2) of section 113(c) of the Clean Air Act (42 U.S.C. 7413(c)); ``(H) subsection (b) or (d) of section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9603); ``(I) section 325(b)(4) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11045(b)(4)); or ``(J) section 5124 or subsection (a) or (b) of section 60123 of title 49, United States Code. ``(2) Organization.-- ``(A) In general.--The term `organization' means a legal entity (other than a government) organized for any purpose. ``(B) Inclusions.--The term `organization' includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons. ``(3) Serious bodily injury.--The term `serious bodily injury' means bodily injury that involves-- ``(A) unconsciousness; ``(B) extreme physical pain; ``(C) protracted and obvious disfigurement; or ``(D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty. ``(b) Penalty.--A person convicted of an environmental crime that is the proximate cause of serious bodily injury to or the death of any person-- ``(1) in the case of an environmental crime described in subparagraph (A) or (B) of subsection (a)(1)-- ``(A) shall be imprisoned not more than 5 years, fined under this title, or both; or ``(B) if the person is an organization, shall be fined not more than $1,000,000; and ``(2) in the case of an environmental crime described in subparagraph (C), (D), (E), (F), (G), (H), (I), or (J) of subsection (a)(1)-- ``(A) shall be imprisoned not more than 20 years, fined not more than $500,000, or both; or ``(B) if the person is an organization, shall be fined not more than $2,000,000.''. (b) Conforming Amendment.--The analysis for chapter 39 of title 18, United States Code, is amended by adding at the end the following: ``837. Protection of government employees and the public from environmental crimes.''. SEC. 4. ENVIRONMENTAL CRIMES TRAINING FOR STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT PERSONNEL. (a) Short Title.--This section may be cited as the ``Environmental Crimes Training Act of 1999''. (b) Law Enforcement Personnel.--In this section, the term ``law enforcement personnel'' includes inspectors, civil and criminal investigators, technical experts, regulators, government lawyers, and police. (c) Program.-- (1) Establishment of program.--As soon as practicable after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall establish within the Office of Enforcement and Compliance Assurance a program to be known as the ``State, Local, and Tribal Environmental Enforcement Training Program'' (referred to in this section as the ``program''). (2) Administration.--The program shall be administered by the National Enforcement Training Institute of the Office of Criminal Enforcement, Forensics, and Training. (3) Function.--The program shall train State, local, and tribal law enforcement personnel to investigate environmental crimes. (4) Training site.--Training shall be conducted at the Federal Law Enforcement Training Center in Glynn County, Georgia, or at other training sites that are accessible to State, local, and tribal law enforcement personnel. SEC. 5. STATUTE OF LIMITATIONS. (a) In General.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3296. Environmental crimes ``(a) Definition of Environmental Crime.--In this section, the term `environmental crime' means an offense that is punishable under-- ``(1) paragraph (2), (3), or (4) of section 309(c) or section 311(b)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1319(c), 1321(b)(5)); ``(2) section 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)); ``(3) section 9(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1908(a)); ``(4) section 4109(c) of the Shore Protection Act of 1988 (33 U.S.C. 2609(c)); ``(5) section 1423(b)(2) or subsection (a) or (b) of section 1432 of the Safe Drinking Water Act (42 U.S.C. 300h- 2(b)(2), 300i-1); ``(6) section 3008(d) of the Solid Waste Disposal Act (42 U.S.C. 6928(d)); ``(7) paragraph (1), (2), or (3) of section 113(c) of the Clean Air Act (42 U.S.C. 7413(c)); ``(8) subsection (b) or (d) of section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9603); ``(9) section 325(b)(4) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11045(b)(4)); or ``(10) section 5124 or subsection (a) or (b) of section 60123 of title 49, United States Code. ``(b) Limitation.--A person may not be prosecuted, tried, or punished for the commission of, or a conspiracy to commit, an environmental crime unless the indictment is returned or the information is filed-- ``(1) within 5 years after the date on which the environmental crime is committed; or ``(2) if the person commits an affirmative act that conceals the environmental crime from any Federal, State, local, or tribal government agency, before the earlier of-- ``(A) the later of-- ``(i) 5 years after the date on which the offense is committed; or ``(ii) 3 years after the date on which the offense is discovered by a government agency; or ``(B) 8 years after the date on which the environmental crime is committed.''. (b) Conforming Amendment.--The analysis for chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``3296. Environmental crimes.''. SEC. 6. ATTEMPTS. (a) Federal Insecticide, Fungicide, and Rodenticide Act.--Section 14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136l(b)) is amended by adding at the end the following: ``(5) Attempts.--A person that attempts to commit the conduct that constitutes an offense under paragraph (1) shall be subject to the same penalties as those prescribed for the offense.''. (b) Toxic Substances Control Act.--Section 16(b) of the Toxic Substances Control Act (15 U.S.C. 2615(b)), is amended-- (1) by striking ``Any'' and inserting the following: ``(1) In general.--Any''; and (2) by adding at the end the following: ``(2) Attempts.--A person that attempts to commit the conduct that constitutes an offense under paragraph (1) shall be subject to the same penalties as those prescribed for the offense.''. (c) Federal Water Pollution Control Act.--Section 309(c) of the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) is amended by adding at the end the following: ``(8) Attempts.--A person that attempts to commit the conduct that constitutes an offense under paragraph (2), (3), or (4) shall be subject to the same penalties as those prescribed for the offense.''. (d) Ocean Dumping.--Section 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)) is amended-- (1) in paragraph (1), by striking ``and''; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) a person that attempts to commit the conduct that constitutes an offense under paragraph (1) shall be subject to the same penalties as those prescribed for the offense.''. (e) MARPOL.--Section 9(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1908(a)) is amended-- (1) by striking ``(1) A person'' and inserting the following: ``(1) In general.--A person''; and (2) by adding at the end the following: ``(2) Attempts.--A person that attempts to commit conduct that constitutes an offense under paragraph (1) shall be subject to the same penalties as those prescribed for the offense.''. (f) Solid Waste Disposal Act.--Section 3008 of the Solid Waste Disposal Act (42 U.S.C. 6928) is amended by adding at the end the following: ``(i) Attempts.--A person that attempts to commit the conduct that constitutes an offense under subsection (d) or (e) shall be subject to the same penalties as those prescribed for the offense.''. (g) Clean Air Act.--Section 113(c) of the Clean Air Act (42 U.S.C. 7413(c)) is amended by adding at the end the following: ``(7) Attempts.--A person that attempts to commit the conduct that constitutes an offense under paragraph (1), (2), or (3) shall be subject to the same penalties as those prescribed for the offense.''. SEC. 7. ENVIRONMENTAL CRIMES RESTITUTION. Section 3663(b) of title 18, United States Code, is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) in the case of an offense resulting in pollution of or damage to the environment, pay for removal and remediation of the environmental pollution or damage and restoration of the environment, to the extent that the pollution or damage results from the offense (for which purpose, the term `victim' in subsection (a)(2) shall be considered to include a municipality or other political subdivision in which the pollution occurred or in which the damage was suffered whether or not any person residing or doing business in the political subdivision is identified as having suffered damage).''. SEC. 8. PREJUDGMENT ORDERS TO SECURE PAYMENT FOR ENVIRONMENTAL DAMAGE. (a) In General.--Chapter 39 of title 18, United States Code (as amended by section 3(a)), is amended by adding at the end the following: ``Sec. 838. Prejudgment orders to secure payment for environmental damage ``(a) Definition of Property.--In this section, the term `property' includes-- ``(1) real property (including things growing on, affixed to, or found on the real property); and ``(2) tangible and intangible personal property (including claims, interests, money, privileges, rights, and securities). ``(b) Prejudgment order.-- ``(1) In general.--At the time of the filing of an indictment or information charging the commission of an environmental crime (as defined in section 837(a)), or at any time thereafter, the court may order the defendant not to alienate or dispose of any property, or place any property outside the jurisdiction of the district courts of the United States, without leave of the court, if, after notice to the defendant, the United States shows probable cause to believe that-- ``(A) the defendant will conceal, alienate, or dispose of the property, or place the property outside the jurisdiction of the district courts of the United States; and ``(B) the defendant will thereby reduce or impair the ability of the defendant to pay restitution, in whole or in part, including removal and remediation of environmental pollution or damage and restoration of the environment resulting from the violation. ``(2) Burden of proof.--In seeking an order under paragraph (1), the United States shall bear the burden of proving, by a preponderance of the evidence, the projected cost for the removal and remediation of the environmental pollution or damage and restoration of the environment. ``(3) Defenses.--In response to a motion by the United States under paragraph (1), it shall be an affirmative defense that-- ``(A) the defendant possesses other assets sufficient to pay restitution, including the costs of removal and remediation of the environmental pollution or damage and restoration of the environment resulting from the violation, if the defendant places those other assets under the control of the court; or ``(B) the defendant has made full restitution, including the removal and remediation of the environmental pollution or damage and restoration of the environment. ``(c) Procedures.--Any proceeding under this section shall be governed by the Federal Rules of Criminal Procedure. ``(d) Amendment of Order.--The court may amend an order issued under this section at any time. ``(e) Expiration of Order.--An order under this section shall expire on the date of an entry of an order of dismissal or of an entry of judgment in the case. ``(f) All Writs Act.--Nothing in this section diminishes the powers of the court available under section 1651 of title 28.''. (b) Conforming Amendment.--The analysis for chapter 39 of title 18, United States Code (as amended by section 3(b)), is amended by adding at the end the following: ``838. Prejudgment orders to secure payment for environmental damage.''.

Environmental Crimes and Enforcement Act of 1999 - Amends the Federal criminal code to require that, on motion of the United States, a person convicted of an environmental crime (defined as a violation of specified statutes, including provisions of the Toxic Substances Control Act, Solid Waste Disposal Act, and Community Right-To-Know Act of 1986) be ordered to pay the costs incurred by a State, local, or tribal government in assisting in the investigation and prosecution of the case by the United States. Directs that sums paid under this provision be used solely for the enforcement of environmental laws. (Sec. 3) Sets penalties for persons convicted of an environmental crime that is the proximate cause of serious bodily injury to or the death of any person. (Sec. 4) Environmental Crimes Training Act of 1999 - Directs the Administrator of the Environmental Protection Agency to establish within the Office of Enforcement and Compliance Assurance a State, Local, and Tribal Environmental Enforcement Training Program to train State, local, and tribal law enforcement personnel to investigate environmental crimes. (Sec. 5) Sets a five-year statute of limitations (longer in cases of concealment of the offense by an affirmative act) for commission of, or a conspiracy to commit, specified Federal environmental crimes. (Sec. 6) Amends various Federal environmental laws to cover attempts to engage in proscribed conduct. (Sec. 7) Amends the code to authorize the court to order restitution for listed Federal environmental crimes, including, in the case of an offense resulting in pollution of or damage to the environment, payment for removal and remediation of the pollution or damage and restoration of the environment. Defines "victim" of the offense in such cases to include a municipality or other political subdivision in which the pollution occurred or in which the damage was suffered, whether or not any person residing or doing business in the political subdivision is identified as having suffered damage. (Sec. 8) Authorizes the court to issue prejudgment orders to secure payment for environmental damage.

Environmental Crimes and Enforcement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) On January 22, 1948, the Minnesota Chippewa Tribe, representing all Chippewa bands in Minnesota except the Red Lake Band, filed a claim before the Indian Claims Commission in Docket No. 19 for an accounting of all funds received and expended pursuant to the Act of January 14, 1889, 25 Stat. 642, and amendatory acts (hereinafter referred to as the Nelson Act). (2) On August 2, 1951, the Minnesota Chippewa Tribe, representing all Chippewa bands in Minnesota except the Red Lake Band, filed a number of claims before the Indian Claims Commission in Docket No. 188 for an accounting of the Government's obligation to each of the member bands of the Minnesota Chippewa Tribe under various statutes and treaties that are not covered by the Nelson Act of January 14, 1889. (3) On May 17, 1999, a Joint Motion for Findings in Aid of Settlement of the claims in Docket No. 19 and 188 was filed before the Court. (4) The terms of the settlement were approved by the Court and the final judgment was entered on May 26, 1999. (5) On June 22, 1999, $20,000,000 was transferred to the Department of the Interior and deposited into a trust fund account established for the beneficiaries of the funds awarded in Docket No. 19 and 188. (6) The funds awarded in Docket No. 19 and 188 represent additional compensation that would have been distributed per capita under the Nelson Act if the funds had been deposited into the permanent account established in the U.S. Treasury for the Chippewa Indians of Minnesota. Hence, the judgment funds shall be divided pro rata among the Bands based upon the number of members enrolled with each Band. (7) Pursuant to the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), the Secretary is required to submit to Congress for approval an Indian judgment fund use or distribution plan. (b) Purpose.--It is the purpose of this Act to provide for the fair and equitable division of the judgment funds among the Bands and to provide each Band the opportunity to develop a use and distribution plan for its share of the funds. SEC. 3. DEFINITIONS. For the purpose of this Act: (1) Available funds.--The term ``available funds'' means the funds awarded to the Minnesota Chippewa Tribe and interest earned and received on those funds, less the funds used for payment of attorney fees and litigation expenses. (2) Bands.--The term ``Bands'' means the Bois Forte Band, Fond du Lac Band, Grand Portage Band, Leech Lake Band, Mille Lacs Band, and White Earth Band. (3) Judgment funds.--The term ``judgment funds'' means the funds awarded on May 29, 1999, to the Minnesota Chippewa Tribe by the Court of Federal Claims in Docket No. 19 and 188. (4) Minnesota chippewa tribe.--The term ``Minnesota Chippewa Tribe'' means the Minnesota Chippewa Tribe, Minnesota composed of the Bois Forte Band, Fond du Lac Band, Grand Portage Band, Leech Lake Band, Mille Lacs Band, and White Earth Band. It does not include Red Lake Band of Chippewa Indians, Minnesota. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. LOAN REIMBURSEMENTS TO CERTAIN BANDS. (a) In General.--(1) The Secretary is authorized to reimburse each Band the amount of funds plus interest earned to the date of reimbursement that the Band contributed for payment of litigation expenses and expert witness fees associated with the litigation of Docket No. 19 and 188 before the U.S. Court of Federal Claims. (2) Reimbursement to a Band shall only be for litigation expenses and expert witness fees incurred prior to June 22, 1999. (b) Claims.--The Band's claim for reimbursement of funds expended shall be-- (1) presented to the Secretary within 90 days of the date of enactment of this Act, (2) itemized and supported by invoices and receipts, (3) certified by the Band as being unreimbursed to the Band from other funding sources, and (4) paid with interest calculated at the rate of 5.5 percent per annum, simple interest, from the date the funds were expended to the date the funds are reimbursed to the Band. (c) Review.--The Secretary shall review the claims and determine if the fees and expenses are properly documented and incurred in the litigation of the claims before the Court in Docket No. 19 and 188. All claims approved by the Secretary for reimbursement to the Band shall be paid from the judgment funds prior to the division of the funds under section 5. SEC. 5. DIVISION OF JUDGMENT FUNDS. (a) Membership Rolls.--The Bands shall update their membership rolls to include all enrolled members living on the date of enactment of this Act. The membership rolls shall be subject to the review and approval of the Secretary. (b) Divisions.--After all funds have been reimbursed as provided under section 4, and the membership rolls have been updated, reviewed, and approved under subsection (a) of this section, the Secretary shall divide the available judgment funds among the Bands in proportion to the number of members enrolled with each Band. (c) Separate Accounts.--The Secretary shall establish a separate account for each Band and deposit each Band's proportionate share of the available judgment funds into their respective account. SEC. 6. DEVELOPMENT OF TRIBAL PLANS FOR THE USE OR DISTRIBUTION OF FUNDS. (a) Distribution Plans.--The Secretary shall have no more than 180 days from the date that the funds are divided among the Bands under section 5 to prepare and submit to the Congress, in a manner otherwise consistent with the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), separate plans for the use and distribution of each Band's respective share of the available funds. (b) Withdrawal.--Once a distribution plan becomes effective in accordance with subsection (a), a Band may withdraw all or part of the monies in its account in accordance with the Band's distribution plan. (c) Liability.--If a Band exercises the right to withdraw monies from its account, the Secretary shall not retain any liability for the expenditure or investment of the monies withdrawn. SEC. 7. GENERAL PROVISIONS. (a) Previous Obligations.--Funds disbursed under this Act shall not be liable for the payment of previously contracted obligations of any recipient as provided in Public Law 98-64 (25 U.S.C. 117b(a)). (b) Indian Judgment Funds Distributed Act.--All funds distributed under this Act are subject to the provisions in the Indian Judgment Funds Distributed Act (25 U.S.C. 1407).

Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2007 - Authorizes the Secretary of the Interior to reimburse to each of the Boise Forte Band, Fond du Lac Band, Grand Portage Band, Leech Lake Band, Mille Lacs Band, and White Earth Band the amount of funds plus interest earned to the date of reimbursement that each Band contributed for payment of litigation expenses and expert witness fees associated with the litigation of Docket No. 19 and Docket No. 188 before the U.S. Court of Federal Claims. Provides for reimbursement to a Band only for litigation expenses and expert witness fees incurred prior to June 22, 1999. Requires that a Band's claim for reimbursement of expended funds be certified by the Band as being unreimbursed to it from other funding sources. Requires the Secretary to review the claims and determine if the fees and expenses are properly documented and incurred in the litigation of the claims before the Court in Docket Nos. 19 and 188. Requires the Bands to update their membership rolls to include all living enrolled members. Subjects the membership rolls to the review and approval of the Secretary. Sets forth provisions for the: (1) division of the judgment funds; and (2) development of separate tribal plans for the use and distribution of such funds.

To provide for the use and distribution of the funds awarded to the Minnesota Chippewa Tribe, et al., by the United States Court of Federal Claims in Docket Numbers 18 and 188, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``District of Columbia Government Revenue Bond Delegation Authority Act of 1994''. (b) References in Act.--Whenever in this Act an amendment 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 that section or other provision of the District of Columbia Self-Government and Governmental Reorganization Act. SEC. 2. REVENUE BONDS AND OTHER OBLIGATIONS ON BEHALF OF DISTRICT ENTITIES AND OTHER QUALIFIED APPLICANTS. (a) Authority To Issue Bonds.--Section 490(a)(1) (D.C. Code, sec. 47-334(a)(1)) is amended by striking the first sentence and inserting the following: ``(a)(1) The Council may by act authorize the issuance of revenue bonds, notes, or other obligations (including refunding bonds, notes, or other obligations) to borrow money to finance, to refinance, or to assist in the financing or refinancing of undertakings by District agencies or authorities which operate pursuant to any enterprise fund and other qualified applicants in the areas of housing, health facilities, transit and utility facilities, sports and entertainment complexes, recreational facilities, parking facilities and convention facilities, elementary, secondary, college and university facilities, college and university programs which provide loans for the payment of educational expenses for or on behalf of students, pollution control facilities, and industrial and commercial development.''. (b) Payments on Bonds.--Section 490(a)(3) (D.C. Code, sec. 47- 334)(a)(3)) is amended by striking the second sentence and inserting the following: ``Subject to subsection (c) of this section, any act of the Council authorizing the issuance of such bond, note, or other obligation may provide for (A) the payments of such bond, note, or other obligation from any available revenues, including enterprise fund revenues, assets, property, or designated taxes and (B) the securing of such bond, note, or other obligation by the mortgage of real property or the creation of any security interest in available revenues, including enterprise fund revenues, assets, other property or designated taxes.''. (c) Authorization To Delegate Authority.--Section 490 (D.C. Code, sec. 47-334) is amended by adding a new subsection (h) as follows: ``(h)(1) The Council may delegate to any agency or instrumentality of the District government established by it (whether established before or after the date of the enactment of this subsection) the authority of the Council under subsection (a) of this section to issue taxable or tax-exempt revenue bonds, notes, or other obligations to borrow money to finance or assist in the financing of under-takings in the areas specified in subsection (a) of this section. The Council shall define for the purposes of this subsection what undertakings constitute undertakings in the areas specified in subsection (a) of this section. An agency or instrumentality of the District government may exercise authority delegated to it by the Council as described in the first sentence of this paragraph (whether such delegation is made before or after the date of the enactment of this subsection) only in accordance with this subsection. ``(2) Revenue bonds, notes, or other obligations issued by an agency or instrumentality of the District government under a delegation of authority described in paragraph (1) of this subsection shall be issued by resolution of that entity and any such resolution shall not be considered to be an act of the Council. ``(3) The fourth sentence of section 446 shall not apply to-- ``(A) any amount (including the amount of any accrued interest or premium) obligated or expended from the proceeds of the sale of any revenue bond, note, or other obligation issued under paragraph (1) of this subsection, ``(B) any amount obligated or expended for the payment of the principal of, interest on, or any premium for any revenue bond, note, or other obligation issued under paragraph (1) of this subsection, and ``(C) any amount obligated or expended to secure any revenue bond, note, or other obligation issued under paragraph (1) of this subsection.''. SEC. 3. SECURITY INTERESTS IN CERTAIN DISTRICT REVENUES. (a) Authorization To Create Security Interest.--Section 467 (D.C. Code, sec. 47-326.1) is amended by adding a new subsection (a-1) thereto as follows: ``(a-1) Revenue bonds or other obligations issued by an agency or instrumentality of the District government pursuant to section 490(h) consistent with authority delegated by the Council, may create a security interest in certain District revenues, including but not limited to designated taxes, as additional security for the payment of bonds authorized by such act.''. (b) Obligation of the District.--Section 490(c) (D.C. Code, sec. 47-334(c)) is amended to read as follows: ``(c) Except to the extend permitted by section 467(a-1), any and all such revenue bonds, notes, or other obligations shall not be general obligations of the District and shall not be a pledge of or involve the faith and credit or taxing power of the District, and shall not constitute a debt of the District, and shall not constitute lending of the public credit for private undertakings as contained in section 602(a)(2).''. SEC. 4. NO APPROPRIATION NECESSARY. (a) Section 467(d) (D.C. Code, sec. 47-326.1(d)) is amended to read as follows: ``(d) The fourth sentence of section 446 shall not apply to any obligation or expenditure of any District revenues to secure any general obligation bond under subsection (a) of this section or any revenue bond or other obligation under subsection (a-1) of this section.''. (b) The fourth sentence of section 446 (D.C. Code, sec. 47-304) is amended as follows: ``Except as provided in section 467(d), section 471(c), section 472(d)(2), section 483(d), and section 490(f), (g)(3), and (h)(3), no amount may be obligated or expended by any officer or employee of the District of Columbia government unless such amount has been approved by Act of Congress, and then only according to such Act.''. SEC. 5. EXCLUSION OF PLEDGED REVENUES. Section 603(b)(3)(A) (D.C. Code, sec. 47-313(b)(3)(A)) is amended by inserting the phrase ``or securing'' after the word ``servicing''. SEC. 6. CONGRESSIONAL AUTHORITY AND REVIEW. (a)(1) Section 461 (D.C. Code, sec. 47-321) is amended by adding a new subsection (c) as follows: ``(c) Notwithstanding section 602(c)(1) (D.C. Code, sec. 1- 233(c)(1)) any act of the Council authorizing the issuance of general obligation bonds under subsection (a) of this section may take effect on the date of enactment of such act.''. (2) Section 471 (D.C. Code, sec. 47-327) is amended by adding a new subsection (b-1) as follows: ``(b-1) Notwithstanding section 602(c)(1) (D.C. Code, sec. 1- 233(c)(1)), any act of the Council authorizing the issuance of general obligation notes under subsection (a) of this section may take effect on the date of the enactment of such act.''. (3) Section 490 (D.C. Code, sec. 47-334) is amended by adding a new subsection (i) as follows: ``(i) Notwithstanding section 602(c)(1) (D.C. Code, sec. 1- 233(c)(1)), any act of the Council authorizing the issuance of revenue bonds, notes, or other obligations under subsection (a) of this section may take effect on the date of enactment of such act.''.

District of Columbia Government Revenue Bond Delegation Authority Act of 1994 - Amends the District of Columbia Self-Government and Governmental Reorganization Act (the Act) to allow the District of Columbia Council to authorize the issuance of revenue bonds, notes, or other obligations to borrow money to finance, undertakings by District agencies or authorities which operate pursuant to any enterprise fund and other qualified applicants in the areas of sports and entertainment complexes, parking and convention facilities, and elementary and secondary education facilities. Provides for the payment and securing of such bonds, notes, or obligations from available enterprise fund revenues and designated taxes. Authorizes the District Council to delegate to any agency or instrumentality of the District government its authority to issue taxable or tax-exempt revenue bonds, notes, or other obligations to borrow money to finance specified activities. Allows the issued revenue bonds, notes, or other obligations to create a security interest in certain District revenues, including but not limited to designated taxes, as additional security for their payment. Exempts such revenue bonds, notes, or other obligations from the provision that requires prior congressional approval of amounts being obligated or expended by officers or employees of the District government. Provides that fees or revenues to secure revenue bonds shall not be considered as general obligations of the District for purposes of limitations on borrowing and spending by the District government. Permits any Act of the District Council authorizing the issuance of general obligation bonds, general obligation notes, revenue bonds, notes, or other obligations to take effect on the date of enactment of such Act.

District of Columbia Government Revenue Bond Delegation Authority Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Solvency Act of 2009''. SEC. 2. PROGRESSIVE INDEXING OF BENEFITS FOR OLD-AGE INSURANCE BENEFITS. (a) In General.--Section 215(a) of the Social Security Act (42 U.S.C. 415(a)) is amended-- (1) by striking ``The'' in paragraph (1)(A) and inserting ``With respect to any benefit other than an applicable benefit to which paragraph (2) applies, the'', and (2) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2)(A) In the case of an applicable benefit with respect to any individual who initially becomes eligible for old-age insurance benefits or who dies (before becoming eligible for such benefits) in calendar year 2012 or later, the primary insurance amount of the individual shall be equal to the sum of-- ``(i) 90 percent of the individual's average indexed monthly earning (determined under subsection (b)) to the extent that such earnings do not exceed the amount established for purposes of paragraph (1)(A)(i) by paragraph (1)(B); ``(ii) 32 percent of the individual's average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of paragraph (1)(A)(i) by paragraph (1)(B) but do not exceed the amount established for purposes of this clause by subparagraph (B); ``(iii) 32 percent (reduced as provided in subparagraph (C)) of the individual's average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (ii) but do not exceed the amount established for purposes of paragraph (1)(A)(ii) by paragraph (1)(B); and ``(iv) 15 percent (reduced as provided in subparagraph (C)) of the individual's average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of paragraph (1)(A)(ii) by paragraph (1)(B). ``(B)(i) For purposes of subparagraph (A)(ii), the amount established under this subparagraph for calendar year 2012 shall be the level of average indexed monthly earnings determined by the Chief Actuary of the Social Security Administration under clause (ii) as being at the 30th percentile for the period of calendar years 2001 through 2003. ``(ii) For purposes of clause (i), the average indexed monthly earnings for the period of calendar years 2001 through 2003 shall be determined by-- ``(I) determining the average indexed monthly earnings for each individual who initially became eligible for old-age insurance benefits or who died (before becoming eligible for such benefits) during such period, except that in determining such average indexed monthly earnings under subsection (b), subsection (b)(3)(A)(ii)(I) shall be applied by substituting calendar year 2000 for the second calendar year described in such subsection; and ``(II) multiplying the amount determined for each individual under subclause (I) by the quotient obtained by dividing the national average wage index (as defined in section 209(k)(1)) for the calendar year 2010 by such index for the calendar year 2000. ``(iii) For purposes of subparagraph (A)(ii), the amount established under this subparagraph for any calendar year after 2012 shall be equal to the product of the amount in effect under clause (i) with respect to calendar year 2012 and the quotient obtained by dividing-- ``(I) the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is being made, by ``(II) the national average wage index (as so defined) for 2010. ``(iv) The amount established under this subparagraph for any calendar year shall be rounded to the nearest $1, except that any amount so established which is a multiple of $0.50 but not of $1 shall be rounded to the next higher $1. ``(C)(i) Except as provided in clause (ii), in the case of any calendar year after 2011, each of the percentages to which this subparagraph applies by reason of clauses (iii) or (iv) of subparagraph (A) shall be a percentage equal to such percentage multiplied by the quotient obtained by dividing-- ``(I) the difference of the maximum CPI-indexed benefit amount for such year over the amount determined under this paragraph for an individual whose average indexed monthly earnings are equal to the amount established for purposes of subparagraph (A)(ii) for such year, by ``(II) the difference of the maximum wage-indexed benefit amount for such year over the amount determined under this paragraph for an individual whose average indexed monthly earnings are equal to the amount established for purposes of subparagraph (A)(ii) for such year. ``(ii)(I) In the case of any calendar year which is a positive balance year, clause (i) shall not apply and each of the percentages to which this subparagraph applies by reason of clause (iii) or (iv) of subparagraph (B) shall be a percentage equal to the percentage determined under this subparagraph for the preceding year (determined after the application of this subparagraph). ``(II) In the case of any calendar year after a positive balance year which is not a positive balance year, this subparagraph shall be applied by substituting `the second calendar year preceding the most recent positive balance year' for `2009' each place it appears in clause (iv). ``(iii) For purposes of clause (i), the maximum wage-indexed benefit amount for any calendar year shall be equal to the amount determined under this paragraph (determined without regard to any reduction under this subparagraph) for an individual with wages paid in and self-employment income credited to each computation base year in an amount equal to the contribution and benefit base for each calendar year. ``(iv) For purposes of clause (i), the maximum CPI-indexed benefit amount for any calendar year shall be an amount equal to the amount determined under clause (iii) for such year multiplied by a fraction-- ``(I) the numerator of which is the ratio (rounded to the nearest one-thousandth of 1 percent) of the Consumer Price Index for the second preceding year to such index for 2009; and ``(II) the denominator of which is the ratio (rounded to the nearest one-thousandth of 1 percent) of the national wage index (as defined in section 209(k)(1)) for the second year preceding such year to such index for 2009. ``(v)(I) For purposes of clause (i), a positive balance year is a calendar year following any calendar year after 2050 for which the Chief Actuary of the Social Security Administration certifies to the Secretary of the Treasury and the Congress that the combined balance ratio of the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund is not less than 100 percent for such year. ``(II) For purposes of subclause (I), the combined balance ratio of the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund for any calendar year is the ratio of the combined balance of such Trust Funds as of the last day of such calendar year (reduced by any transfer made pursuant to section 201(o) in such calendar year) to the amount estimated by the Commissioner of Social Security under section 201(l)(3)(B)(iii)(II) to be paid from such Trust Funds during the calendar year following such calendar year for all purposes authorized by section 201 (determined as if such following calendar year were a positive balance year). ``(D) For purposes of this paragraph, rules similar to the rules of subparagraphs (C) and (D) of paragraph (1) shall apply. ``(E) For purposes of this paragraph, the term `applicable benefit' means any benefit under section 202 other than-- ``(i) a child's insurance benefit under section 202(d) with respect to a child of an individual who has died; ``(ii) a widow's insurance benefit under section 202(e) with respect to a widow who has not attained age 60 and is under a disability (as defined in section 223(d)) which began before the end of the period specified in section 202(e)(4); ``(iii) a widower's insurance benefit under section 202(f) with respect to a widower who has not attained age 60 and is under a disability (as defined in section 223(d)) which began before the end of the period specified in section 202(f)(4); and ``(iv) a mother's and father's insurance benefit under section 202(g).''. (b) Conforming Amendments.-- (1) Subsections (e)(2)(B)(i)(I) and (f)(2)(B)(i)(I) of section 202 of the Social Security Act are each amended by inserting ``or section 215(a)(2)(B)(iii)'' after ``section 215(a)(1)(B)(i) and (ii)''. (2) Section 203(a)(1) of such Act is amended-- (A) in subparagraph (A)(i), by striking ``215(a)(2)(B)(i)'' and inserting ``215(a)(3)(B)(i)''; (B) in subparagraph (A)(ii), by striking ``215(a)(2)(C)'' and inserting ``215(a)(3)(C)''; and (C) in subparagraph (B)(ii), by striking ``215(a)(2)'' and inserting ``215(a)(3)''. (3) Section 209(k)(1) of such Act is amended by inserting ``215(a)(2)(B), 215(a)(2)(C),'' after ``215(a)(1)(D),''. (4) Section 215(a) of such Act is amended-- (A) in paragraph (4)(A), as redesignated by paragraph (2), by striking ``paragraph (4)'' and inserting ``paragraph (5)''; (B) in paragraph (4)(B), as redesignated by paragraph (2), by striking ``paragraph (2)(A)'' and inserting ``paragraph (3)(A)''; (C) in paragraph (5), as redesignated by paragraph (2), by striking ``paragraph (3)(A)'' and inserting ``paragraph (4)(A)''; (D) in paragraph (6)(A), as redesignated by paragraph (2), by striking ``paragraph (4)(B)'' and inserting ``paragraph (5)(B)''; and (E) in paragraph (8)(B)(ii)(I), as redesignated by paragraph (2), by striking ``paragraph (3)(B)'' and inserting ``paragraph (4)(B)''. (5) Section 215(d)(3) of such Act is amended-- (A) by striking ``paragraph (4)(B)(ii)'' and inserting ``paragraph (5)(B)(ii)''; and (B) by striking ``subsection (a)(7)(C)'' and inserting ``subsection (a)(8)(C)''. (6) Subsection 215(f) of such Act is amended-- (A) in paragraph (2)(B), by striking ``subsection (a)(4)(B)'' and inserting ``subsection (a)(5)(B)''; (B) in paragraph (7), by striking ``subsection (a)(6)'' and inserting ``subsection (a)(7)''; (C) in paragraph (9)(A)-- (i) by striking ``subsection (a)(7)(A)'' and inserting ``subsection (a)(8)(A)''; and (ii) by striking ``subsection (a)(7)(C)'' and inserting ``subsection (a)(8)(C)''; and (D) in paragraph (9)(B), by striking ``subsection (a)(7)'' each place it appears and inserting ``subsection (a)(8)''. SEC. 3. MODIFICATION OF PIA FACTORS TO REFLECT CHANGES IN LIFE EXPECTANCY. (a) Modification.-- (1) In general.--Section 215(a)(2) of the Social Security Act (42 U.S.C. 415(a)(2)), as added by this Act, is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following new subparagraph: ``(D)(i) For individuals who initially become eligible for old-age insurance benefits (or who die before becoming eligible for such benefits) in any calendar year after 2017, each of the percentages used for purposes of clauses (i), (ii), (iii), and (iv) of subparagraph (A) (after the application of subparagraph (C) in the case of subclauses (iii) and (iv) of subparagraph (A)) shall be multiplied by the life expectancy ratio for such calendar year. ``(ii) The Commissioner of Social Security shall, through the Chief Actuary of the Social Security Administration, using generally accepted actuarial principles, determine and publish in the Federal Register on or before November 1 of each calendar year the life expectancy ratio for the following calendar year. ``(iii) For purposes of this subparagraph, the life expectancy ratio for any calendar year is the ratio of-- ``(I) the period life expectancy based on the computed death rates for 2013 of an individual at age 67, to ``(II) the period life expectancy of an individual at such age based on the computed death rates for the fourth calendar year preceding the calendar year for which the life expectancy ratio is determined under clause (ii).''. (2) Conforming amendment.--Clauses (iii) and (iv) of section 215(a)(2)(A) of the Social Security Act, as added by this Act, are each amended by striking ``subparagraph (C)'' and inserting ``subparagraphs (C) and (F)''. (b) Study Regarding Life Expectancy of Disabled Beneficiaries.-- (1) In general.--The Commissioner of Social Security shall conduct a study on the feasibility of creating a separate life expectancy ratio under section 215(a)(2)(D) of the Social Security Act for individuals attaining early retirement age who are receiving disability insurance benefits under title II of such Act on the date the individual attains such age. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Commissioner shall submit to Congress a report on the results of the study under paragraph (1). SEC. 4. TREATMENT OF DISABLED BENEFICIARIES. Section 215(a) of the Social Security Act (42 U.S.C. 415(a)), as amended by sections 2 and 3, is amended by adding at the end the following new paragraph: ``(9)(A) Notwithstanding the preceding provisions of this subsection, in the case of an individual who has or has had a period of disability and who initially becomes eligible for old-age insurance benefits or who dies (before becoming eligible for such benefits) in any calendar year in or after 2012, the primary insurance amount of such individual shall be the sum of-- ``(i) the amount determined under subparagraph (B); and ``(ii) the product derived by multiplying-- ``(I) the excess of the amount determined under subparagraph (C) over the amount determined under subparagraph (B), by ``(II) the adjustment factor for such individual determined under subparagraph (D). ``(B) The amount determined under this subparagraph is the amount of such individual's primary insurance amount as determined under this section without regard to this paragraph. ``(C) The amount determined under this subparagraph is the amount of such individual's primary insurance amount as determined under this section as in effect with respect to individuals becoming eligible for old-age or disability insurance benefits under section 202(a) in 2008. ``(D) The adjustment factor determined under this subparagraph for any individual is the ratio (not greater than 1) of-- ``(i) the total number of months during which such individual is under a disability (as defined in section 223(d)) during the period beginning on the date the individual attains age 22 and ending on the first day of such individual's first month of eligibility for old-age insurance benefits under section 202(a) (or, if earlier, the month of such individual's death), to ``(ii) the number of months during the period beginning on the date the individual attains age 22 and ending on the first day of such individual's first month of eligibility for old-age insurance benefits under section 202(a) (or, if earlier, the month of such individual's death).''. SEC. 5. ACCELERATION OF INCREASE IN RETIREMENT AGE. (a) Increase in Retirement Age to 67.--Section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1)) is amended-- (1) in subparagraph (C), by striking ``2017'' and inserting ``2012''; (2) in subparagraph (D), by striking ``after December 31, 2016 and before January 1, 2022'' and inserting ``after December 31, 2011 and before January 1, 2017''; and (3) in subparagraph (E), by striking ``2021'' and inserting ``2016''. (b) Conforming Amendment.--Subparagraph (B) of section 216(l)(3) of the Social Security Act (42 U.S.C. 416(l)(3)(B)) is amended-- (1) by striking ``calendar years 2017 through 2021'' and inserting ``calendar years 2012 through 2016''; and (2) by striking ``January 2017'' and inserting ``January 2012''. SEC. 6. MAINTENANCE OF ADEQUATE BALANCES IN THE SOCIAL SECURITY TRUST FUNDS. (a) In General.--Section 201 of the Social Security Act (42 U.S.C. 401) is amended by adding at the end the following new subsection: ``(o) In addition to amounts otherwise appropriated under the preceding provisions of this section to the Trust Funds established under this section, there is hereby appropriated for each fiscal year to each of such Trust Funds, from amounts in the general fund of the Treasury not otherwise appropriated, such sums as may be necessary from time to time to maintain the balance ratio (as defined in section 709(b)) of such Trust Fund, for the calendar year commencing during such fiscal year, at not less than 100 percent. The sums to be appropriated under the preceding sentence shall be determined by the Commissioner of Social Security and certified by the Commissioner to each House of the Congress not later than October 1 of such fiscal year. In making such determination and certification, the Commissioner shall use the intermediate actuarial assumptions used by the Board of Trustees of the Trust Funds in its most recent annual report to the Congress prepared pursuant to subsection (c)(2). The Commissioner shall also transmit a copy of any such certification to the Secretary of the Treasury, and upon receipt thereof, such Secretary shall promptly take appropriate actions in accordance with the certification.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to fiscal years beginning after the date of the enactment of this Act.

Social Security Solvency Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide for progressive indexing of old age insurance benefits with respect to any individual who initially becomes eligible for them or who dies (before becoming eligible for them) in calendar year 2012 or later. Provides for: (1) modification of primary insurance amount (PIA) factors to reflect changes in life expectancy; (2) computation of the PIA for an individual who has or has had a period of disability and who initially becomes eligible for such benefits in or after 2012; (3) acceleration of the increase in retirement age to 67; and (4) automatic appropriations to maintain the balance ratio of the Social Security Trust Funds at not less than 100% for the calendar year commencing during each fiscal year.

A bill to amend title II of the Social Security Act to provide for progressive indexing and longevity indexing of Social Security old-age insurance benefits for newly retired and aged surviving spouses to ensure the future solvency of the Social Security program, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES TO IMMIGRATION AND NATIONALITY ACT. (a) Short Title.--This Act may be cited as the ``U.S. Employee, Family Unity, and Legalization Act''. (b) References to Immigration and Nationality Act.--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 Immigration and Nationality Act. SEC. 2. CHANGE OF ENTRY DATE INTO THE UNITED STATES FOR PURPOSES OF A RECORD OF ADMISSION FOR PERMANENT RESIDENCE FOR CERTAIN ALIENS. (a) In General.--Section 249 (8 U.S.C. 1259) is amended-- (1) in the section heading, by striking ``january 1, 1972'' and inserting ``january 1, 1998''; and (2) in subsection (a), by striking ``January 1, 1972;'' and inserting ``January 1, 1998;''. (b) Clerical Amendment.--The table of sections is amended in the item relating to section 249 by striking ``who entered the United States prior to January 1, 1972''. (c) Extension of Date of Registry.-- (1) Period beginning january 1, 2005.--Beginning on January 1, 2005, section 249 (8 U.S.C. 1259) is amended by striking ``January 1, 1998'' each place it appears and inserting ``January 1, 1999''. (2) Period beginning january 1, 2006.--Beginning on January 1, 2006, section 249 is amended by striking ``January 1, 1999'' each place it appears and inserting ``January 1, 2000''. (3) Period beginning january 1, 2007.--Beginning on January 1, 2001, section 249 is amended by striking ``January 1, 2000'' each place it appears and inserting ``January 1, 2001''. (4) Period beginning january 1, 2008.--Beginning on January 1, 2008, section 249 is amended by striking ``January 1, 2001'' each place it appears and inserting ``January 1, 2002''. (5) Period beginning january 1, 2009.--Beginning on January 1, 2009, section 249 is amended by striking ``January 1, 2002'' each place it appears and inserting ``January 1, 2003''. (d) Violations Incidental to Undocumented Status and Confidentiality of Information.--Section 249 is further amended-- (1) by redesignating subsections (a), (b), (c), and (d) as paragraphs (1), (2), (3), and (4), respectively; (2) by inserting ``(a)'' after ``249.''; and (3) by adding at the end the following new subsections: ``(b) Violations Incidental to Undocumented Status.-- ``(1) Impact of violations incidental to legal status.-- ``(A) Violations of the provisions listed in subparagraph (B) shall not adversely affect an application for an immigration benefit or status under this Act. ``(B) The provisions referred to in subparagraph (A) are section 274C of the Immigration and Nationality Act, sections 1001 and 1546 of title 18, United States Code, and sections 408(a)(6) and 408(a)(7) of title 42, United States Code. ``(2) Applicability of ground of inadmissibility.--The grounds of inadmissibility specified in paragraph (6)(F) of section 212(a) shall not apply to an application for an immigration benefit or status under this Act. ``(c) Confidentiality of Information.-- ``(1) Neither the Attorney General, nor any other official or employee of the Department of Justice, or any bureau or agency thereof, may-- ``(A) use the information furnished pursuant to an application filed under this section for any purpose other than to make a determination on the application or for enforcement of subsection (d); ``(B) make any publication whereby the information furnished by any particular individual can be identified; or ``(C) permit anyone other than the sworn officers and employees of the Department or bureau or agency or, with respect to applications filed with a designated entity, that designated entity, to examine individual applications. ``(2) Anyone who uses, publishes, or permits information to be examined in violation of paragraph (1) shall be fined in accordance with title 18, United States Code, or imprisoned not more than five years, or both. ``(d) Penalties for False Statements in Applications.--Whoever files an application for adjustment of status under this section and knowingly and willfully falsifies, misrepresents, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined in accordance with title 18, United States Code, or imprisoned not more than five years, or both.''. (e) Correction of Social Security Records.--Section 208(d)(1) of the Social Security Act (42 U.S.C. 408(d)(1)) is amended-- (1) in subparagraph (B), by inserting after clause (ii) the following new clause: ``(iii) pursuant to the ``U.S. Employee, Family Unity, and Legalization Act, or''; and (2) in subparagraph (C), by striking ``60 days after the date of enactment of the Omnibus Budget Reconciliation Act of 1990,'' and inserting ``the date the alien obtains lawful permanent resident status or within 60 days after the alien obtains such status.''. SEC. 3. ELIMINATION OF RETROACTIVE APPLICATION OF CERTAIN PROVISIONS OF THE IMMIGRATION AND NATIONALITY ACT. (a) Cancellation of Removal.--Section 240A (8 U.S.C. 1229b) is amended by adding at the end the following new subsection: ``(f) Application of Law.--Notwithstanding any other provision of this section, an alien who committed an offense that was a ground for deportation or exclusion prior to April 1, 1997, shall have the law in effect at the time of the offense apply with respect to any application for relief from deportation or exclusion on that ground. For purposes of determining eligibility for such relief, such alien shall be credited with any periods of residency in the United States that the alien has accrued without regard to whether or not the residency occurred after the commission of the offense or service of a notice to appear under section 239(a).''. (b) Application of Aggravated Felony Definition.--The last sentence of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended to read as follows: ``The term shall not apply to any offense that was not covered by the term on the date on which the offense occurred.''. (c) Grounds of Deportability.--Section 237 (8 U.S.C. 1227) is amended by adding at the end the following new subsection: ``(d) Notwithstanding any other provision of this section, an alien is not deportable or removable by reason of committing any offense that was not a ground of deportability on the date the offense occurred.''. (d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is amended-- (1) by redesignating the subsection (p) added by section 1505(f) of Public Law 106-386 (114 Stat. 1526) as a subsection (s); and (2) by adding at the end the following new subsection: ``(t)(1) Notwithstanding any other provision of this section, an alien is not inadmissible by reason of committing any offense that was not a ground of inadmissibility on the date the offense occurred. ``(2) Any alien who applied for admission to the United States or adjustment of status to that of an alien lawfully admitted for permanent residence prior to April 1, 1997, and was inadmissible under subsection (a)(6)(C), shall be eligible for the relief available (including any waiver of inadmissibility) at the time the application was filed.''. (e) Prospective Effective Dates.-- (1) Illegal immigration reform and immigrant responsibility act.--Notwithstanding any other provision of law, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and the amendments made by that Act, shall apply only to persons seeking admission, or who became removable, on or after April 1, 1997, as the case may be. (2) Antiterrorism and effective death penalty act of 1996.--Notwithstanding any other provision of law, title IV of the Antiterrorism and Effective Death Penalty Act of 1996, and the amendments made by that title, shall only apply to persons seeking admission, or who become removable, on or after April 24, 1996. (3) Reinstatement of removal orders.--Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is repealed, and such repeal shall apply to all proceedings pending at any stage as of the date of enactment of this Act and to all cases brought on or after such date. SEC. 4. RESTORATION OF PROPORTIONALITY TO GROUNDS OF REMOVAL. (a) Definition of Crimes Involving Moral Turpitude.--Section 237(a)(2)(A)(i) (8 U.S.C. 1227(a)(2)(A)(i)) is amended to read as follows: ``(i) Crimes of moral turpitude.--Any alien who is convicted of a crime involving moral turpitude committed within five years after the date of admissions (or 10 years in the case of an alien provided lawful permanent residence status under section 245(j)) for which the alien is confined in a prison or correctional institution for more than one year, is deportable.''. (b) Definition of Aggravated Felony.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended-- (1) in subparagraphs (F), (G), (J), (R), and (S), by striking ``one year'' each place it appears and inserting ``five years''; (2) by amending subparagraph (N) (8 U.S.C. 1101(a)(43)(N)) to read as follows: ``(N) an offense described in section 274(a)(1) (relating to alien smuggling) for the purpose of commercial advantage.''; (3) in subparagraph (P)(ii) (8 U.S.C. 1101(a)(43)(P)(ii)), by striking ``child'' and inserting ``son or daughter''; (4) in subparagraph (T), by striking ``2 years''' and inserting ``5 years'''; and (5) by adding at the end of section 101(a)(43) the following: ``No crime shall be deemed to be an aggravated felony if the underlying conviction is a misdemeanor or if the sentence imposed is not in excess of one year.''. (c) Effective Date.--The amendments made by this section shall apply to convictions entered before, on, or after the date of enactment of this Act. (d) Conviction Defined.--Section 101(a)(48)(A) (8 U.S.C. 1101(a)(48)(A)) is amended-- (1) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (2) by striking ``(48)(A) The term'' and inserting ``(48)(A)(i) Except as provided in clause (ii), the term''; and (3) by adding at the end the following: ``(ii) For purposes of determinations under this Act, the term `conviction' does not include any Federal, State, or foreign guilty plea or other record of guilt or conviction that has been expunged, dismissed, canceled, vacated, discharged or otherwise removed, or any Federal, State, or foreign deferred adjudication, adjudication of guilt withheld, order of probation without entry of judgment, or similar disposition.''. (e) Definition of Term of Imprisonment.--Section 101(a)(48)(B) (8 U.S.C. 1101(a)(48)(B)) is amended to read as follows: ``(B) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of law excluding any period of the suspension of the imposition or execution of that imprisonment or sentence in whole or in part.''. (f) Conforming Amendments.-- (1) Ground of inadmissibility.--Section 212(a)(6)(E) (8 U.S.C. 1182(a)(6)(E)) is amended-- (A) in clause (i), by inserting ``and for commercial advantage'' after ``knowingly''; (B) by striking clause (ii); and (C) by redesignating clause (iii) as clause (ii). (2) Ground of deportability.--Section 237(a)(1)(E) (8 U.S.C. 1227(a)(1)(E)) is amended-- (A) in clause (i), by inserting ``and for commercial advantage'' after ``knowingly''; (B) by striking clause (ii); and (C) by redesignating clause (iii) as clause (ii). SEC. 5. ELIMINATION OF PROHIBITION ON ADMISSION FOR ALIENS WHO HAVE BEEN UNLAWFULLY PRESENT IN THE UNITED STATES. (a) In General.--Section 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended-- (1) by striking subparagraph (B); and (2) by redesignating subparagraph (C) as subparagraph (B). (b) Conforming Amendments.--Section 248 (8 U.S.C. 1258) is amended by striking ``and who is not inadmissible under section 212(a)(9)(B)(i) (or whose inadmissibility under such section is waived under section 212(a)(9)(B)(v))''. SEC. 6. VISA FOR CERTAIN SPOUSES AND CHILDREN OF CITIZENS AND PERMANENT RESIDENTS TEMPORARILY WAITING FOR VISA NUMBERS. (a) In General.--Section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)) is amended to read as follows: ``(V) subject to section 214(o), an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) who is the beneficiary of a petition approved under-- ``(i) section 204 (excluding the provisions of such section referred to in clause (ii)) for classification by reason of a relationship described in section 203(a)(2)(A) with an alien lawfully admitted for permanent residence, who is awaiting the availability of an immigrant visa based upon such approval, and who seeks to enter the United States to achieve family unity by joining the permanent resident alien in the United States; or ``(ii) clause (iii), (iv), or (v) of section 204(a)(1)(A) or clause (ii), (iii), or (iv) of section 204(a)(1)(B) and who is awaiting the availability of an immigrant visa based upon such approval.''. (b) Conforming Amendments.--Section 214 (8 U.S.C. 1184) is amended-- (1) by redesignating the subsections (o) and (p) added by sections 1102(b) and 1103(b), respectively, of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, as enacted into law by section 1(a)(2) of Public Law 106-553 as subsections (p) and (q); and (2) in subsection (p) (as so redesignated)-- (A) in paragraph (1)(B)(i), by striking ``under section 203(a)(2)(A)'' each place such term appears; (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (C) in paragraph (2)(C) (as so redesignated), by striking ``(6)(A), (7), and (9)(B)'' and inserting ``(6)(A) and (7)''. SEC. 7. TASK FORCE ON IMMIGRANT EXPLOITATION. There shall be established a national task force on the exploitation of and trafficking in immigrants. The task force shall consist of Federal and State law enforcement officers appointed by the Secretary of Labor and the Secretary of State. The Secretary of Labor shall be the Chair of the task force. The purpose of the task force shall be to create a coordinated and aggressive national and State policy to end the exploitation of and trafficking in immigrants. The task force shall develop and recommend to the President coordinated Federal and State law enforcement efforts for the elimination of employment abuses against immigrant workers.

U.S. Employee, Family Unity, and Legalization Act - Amends the Immigration and Nationality Act to extend the admission date for permanent residence for certain aliens, including additional one-year extensions during specified time periods. Establishes fines for application-related violations of confidentiality and false statements.Revises specified restrictions respecting: (1) cancellation of removal; (2) deportability and admissibility; and (3) issuance of immigrant visas to certain spouses and children of lawfully admitted permanent resident aliens.Establishes a national task force on immigrant exploitation and trafficking, to be chaired by the Secretary of Labor and made up of Federal and State law enforcement officers.

To revise various provisions of the Immigration and Nationality Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Insurance Stability Act of 2008''. SEC. 2. REFUNDABLE TAX CREDIT FOR HEALTH INSURANCE COSTS OF INDIVIDUALS WITH COBRA CONTINUATION COVERAGE BY REASON OF TERMINATION OF EMPLOYMENT. (a) In General.--Subpart C of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36 the following new section: ``SEC. 36A. HEALTH INSURANCE COSTS OF INDIVIDUALS WITH COBRA CONTINUATION COVERAGE BY REASON OF TERMINATION OF EMPLOYMENT. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle the aggregate amount paid by the taxpayer for coverage of the taxpayer and the taxpayer's qualifying family members under qualified COBRA continuation coverage for eligible coverage months beginning in the taxable year. ``(b) Limitations.-- ``(1) In general.--The amount allowable as a credit under subsection (a) for the taxable year shall not exceed the sum of the monthly limitations for months during such taxable year that the taxpayer is an eligible individual. ``(2) Monthly limitation.--The monthly limitation for any month is the credit percentage of \1/12\ of $1,000 ($2,000 in the case of a joint return). ``(3) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2009, each dollar amount contained in paragraph (2) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2008' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. ``(c) Eligible Coverage Month.--For purposes of this section-- ``(1) In general.--The term `eligible coverage month' means, with respect to any individual, any month if, as of the first day of such month, the individual-- ``(A) is covered by qualified health insurance, ``(B) does not have disqualifying coverage, and ``(C) is not imprisoned under Federal, State, or local authority. ``(2) 12 month of coverage during any 14 month period.--A month shall not be treated as an eligible coverage month with respect to an individual if, during the 24-month period ending with the last day of such month, the individual was an eligible individual for 12 months in such period. ``(d) Qualifying Family Member.--For purposes of this section, the term `qualifying family member' means-- ``(1) in the case of a joint return, the taxpayer's spouse, and ``(2) any dependent of the taxpayer. ``(e) Qualified COBRA Continuation Coverage.-- ``(1) In general.--For purposes of this section, the term `qualified COBRA continuation coverage' means any insurance which is continuation coverage under paragraph (2) of section 4980B(f) by reason of the qualifying event specified in paragraph (3)(B) of such section (relating to termination or reduction of hours of employment). ``(2) Exception.--Such term does not include-- ``(A) a flexible spending or similar arrangement, and ``(B) insurance substantially all of the coverage of which is of excepted benefits described in section 9832(c). ``(f) Disqualifying Coverage.--For purposes of this section, an individual has disqualifying coverage for any month if, as of the first day of such month-- ``(1) Employer-provided coverage.--Such individual is covered under any insurance which constitutes medical care under any health plan maintained by any employer (or former employer) of the taxpayer or the taxpayer's spouse if any portion of the cost of such coverage (as so determined) is paid or incurred by an employer (or former employer) of the taxpayer or the taxpayer's spouse other than-- ``(A) coverage described in subsection (e)(1), and ``(B) insurance substantially all of the coverage of which is of excepted benefits described in section 9832(c)). ``(2) Certain state-based and group coverage.--Such individual has coverage described in any of subparagraphs (B) through (J) of section 35(e)(1). ``(3) Coverage under medicare, medicaid, or schip.--Such individual-- ``(A) is entitled to benefits under part A of title XVIII of the Social Security Act or is enrolled under part B of such title, or ``(B) is enrolled in the program under title XIX or XXI of such Act (other than under section 1928 of such Act). ``(4) Certain other coverage.--Such individual-- ``(A) is enrolled in a health benefits plan under chapter 89 of title 5, United States Code, or ``(B) is entitled to receive benefits under chapter 55 of title 10, United States Code. ``(g) Special Rules.-- ``(1) Coordination with advance payments of credit; recapture of excess advance payments.--With respect to any taxable year-- ``(A) the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7529 for months beginning in such taxable year, and ``(B) the tax imposed by section 1 for such taxable year shall be increased by the excess (if any) of-- ``(i) the aggregate amount paid on behalf of such taxpayer under section 7529 for months beginning in such taxable year, over ``(ii) the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a). ``(2) Coordination with other deductions.--Amounts taken into account under subsection (a) shall not be taken into account in determining-- ``(A) any deduction allowed under section 162(l), 213, or 224, or ``(B) any credit allowed under section 35. ``(3) Medical and health savings accounts.--Amounts distributed from an Archer MSA (as defined in section 220(d)) or from a health savings account (as defined in section 223(d)) shall not be taken into account under subsection (a). ``(4) Denial of credit to dependents and nonpermanent resident alien individuals.--No credit shall be allowed under this section to any individual who is-- ``(A) not a citizen or lawful permanent resident of the United States for the calendar year in which the taxable year begins, or ``(B) a dependent with respect to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(5) Married individuals.--In the case of an individual who is married (within the meaning of section 7703), this section shall apply only if a joint return is filed for the taxable year under section 6013. ``(6) Insurance which covers other individuals.--For purposes of this section, rules similar to the rules of section 213(d)(6) shall apply with respect to any contract for qualified health insurance under which amounts are payable for coverage of an individual other than the taxpayer and qualifying family members. ``(7) Treatment of payments.--For purposes of this section-- ``(A) Payments by secretary.--Payments made by the Secretary on behalf of any individual under section 7529 (relating to advance payment of credit for health insurance costs of individuals with COBRA continuation coverage by reason of termination of employment) shall be treated as having been made by the taxpayer on the first day of the month for which such payment was made. ``(B) Payments by taxpayer.--Payments made by the taxpayer for eligible coverage months shall be treated as having been made by the taxpayer on the first day of the month for which such payment was made. ``(8) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section, section 6050W, and section 7529.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36A,'' after ``36,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36 the following new item: ``Sec. 36A. Health insurance costs of individuals with COBRA continuation coverage by reason of termination of employment.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 3. ADVANCE PAYMENT OF CREDIT FOR HEALTH INSURANCE COSTS OF INDIVIDUALS WITH COBRA CONTINUATION COVERAGE BY REASON OF TERMINATION OF EMPLOYMENT. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following: ``SEC. 7529. ADVANCE PAYMENT OF CREDIT FOR HEALTH INSURANCE COSTS OF INDIVIDUALS WITH COBRA CONTINUATION COVERAGE BY REASON OF TERMINATION OF EMPLOYMENT. ``Not later than January 1, 2009, the Secretary shall establish a program for making payments to providers of qualified health insurance (as defined in section 36A(e)) on behalf of taxpayers eligible for the credit under section 36A.''. (b) Information Reporting.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of such Code (relating to information concerning transactions with other persons) is amended by adding at the end the following new section: ``SEC. 6050W. RETURNS RELATING TO CREDIT FOR HEALTH INSURANCE COSTS OF INDIVIDUALS WITH COBRA CONTINUATION COVERAGE BY REASON OF TERMINATION OF EMPLOYMENT. ``(a) Requirement of Reporting.--Every person who is entitled to receive payments for any month of any calendar year under section 7529 (relating to advance payment of credit for health insurance costs of individuals with COBRA continuation coverage by reason of termination of employment) with respect to any individual shall, at such time as the Secretary may prescribe, make the return described in subsection (b) with respect to each such individual. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, and ``(2) contains-- ``(A) the name, address, and TIN of each individual referred to in subsection (a), ``(B) the number of months such person provided COBRA continuation coverage by reason of termination of employment, ``(C) the number of months for which amounts were received with respect to such individual under section 7529 (relating to advance payment of credit for health insurance costs of individuals with COBRA continuation coverage by reason of termination of employment), ``(D) the amount entitled to be received for each such month, and ``(E) such other information as the Secretary may prescribe. ``(c) Statements To Be Furnished to Individuals With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return and the phone number of the information contact for such person, and ``(2) the information required to be shown on the return with respect to such individual. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made.''. (2) Assessable penalties.-- (A) Subparagraph (B) of section 6724(d)(1) of such Code (relating to definitions) is amended by striking ``or'' at the end of clause (xxi), by striking ``and'' at the end of clause (xxii) and inserting ``or'', and by inserting after clause (xxii) the following new clause: ``(xxiii) section 6050W (relating to returns relating to credit for health insurance costs of individuals with COBRA continuation coverage by reason of termination of employment), and''. (B) Paragraph (2) of section 6724(d) of such Code is amended by striking the period at the end of subparagraph (CC) and inserting a comma, by striking the period at the end of subparagraph (DD) and inserting ``, or'', and by adding after subparagraph (DD) the following new subparagraph: ``(EE) section 6050W (relating to returns relating to credit for health insurance costs of individuals with COBRA continuation coverage by reason of termination of employment).''. (c) Clerical Amendments.-- (1) The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Advance payment of credit for health insurance costs of individuals with COBRA continuation coverage by reason of termination of employment.''. (2) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Sec. 6050W. Returns relating to credit for health insurance costs of individuals with COBRA continuation coverage by reason of termination of employment.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Health Insurance Stability Act of 2008 - Amends the Internal Revenue Code to allow individual taxpayers a refundable tax credit for amounts paid to continue health care coverage for the taxpayer, the taxpayer's spouse, and dependents under the applicable continuation provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA). Limits the amount of such credit and disqualifies taxpayers who, in any month, have employer-provided coverage, are covered under Medicare, Medicaid, or the State Children's Health Insurance Program (SCHIP) of the Social Security Act, or are imprisoned. Denies such credit to individuals who are not U.S. citizens or permanent residents or who are dependents of a taxpayer. Directs the Secretary of the Treasury to establish a program for advancing payments of credit amounts to health insurance providers of the taxpayer.

To amend the Internal Revenue Code of 1986 to provide a refundable, advanceable tax credit for health insurance costs of individuals with COBRA continuation coverage by reason of termination of employment.

Requirements and Procedures.-- (1) Resolution described.--For purposes of this subsection, the term ``resolution'' means only a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: ``That Congress does not approve the waiver of section 201 of the Decent Working Conditions and Fair Competition Act or section 307(b) (2) and (3) of the Tariff Act of 1930 (19 U.S.C. 1307) recommended by the President to Congress on _______ with respect to the application of _______ to the goods of_______.'', with the first blank space being filled with the appropriate date, the second blank space being filled with the principle or right to be waived, and the third blank space being filled with the name of the country with respect to which the waiver of authority is disapproved. (2) Application of procedural provisions.--The provisions of section 152 (b) through (f) of the Trade Act of 1974 (19 U.S.C. 2192 (b) through (f)) shall apply to resolutions described in paragraph (1). (3) Approval by congress.--If Congress approves the joint resolution, Congress shall send the resolution to the President before the end of the 90-day period beginning on the date that Congress receives the waiver recommendation described in subsection (a). (4) Effect of veto.--If the President vetoes the joint resolution, the resolution is enacted into law if each House of Congress votes to override the veto on or before the later of the last day of the 90-day period referred to in paragraph (3) or the last day of the 15-day period, excluding any day described in section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)), beginning on the date Congress receives the veto message from the President. (5) Introduction.--A joint resolution to which this subsection applies may be introduced at any time on or after the date the President transmits to Congress the waiver recommendation described in subsection (a). (d) Termination or Extension of Waiver.--A waiver with respect to the goods of any country terminates on the day after the waiver authority granted by this subsection ceases to be effective with respect to such country, unless an extension of the waiver authority is granted. The President may recommend an extension of the waiver authority in the same manner as the original recommendation, except that the President may not recommend an extension later than the date that is 30 days before the waiver authority expires. The President may, at any time, terminate by Executive order any waiver under this section. TITLE II--FEDERAL TRADE COMMISSION SEC. 201. VIOLATION OF FEDERAL TRADE COMMISSION ACT. (a) In General.--It is unlawful for any person to introduce into commerce, sell, trade, or advertise in commerce, offer to sell or transport or distribute in commerce any sweatshop good. (b) Sweatshop Good.--For purposes of this title, the term ``sweatshop good'' means any good, ware, article, or merchandise mined, produced, or manufactured wholly or in part in violation of core labor standards, as defined in section 3 of this Act. (c) Enforcement.-- (1) In general.--The Federal Trade Commission shall enforce the provisions of this section with respect to the prohibitions under subsection (a) as if the violation were an unfair or deceptive act or practice proscribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Actions by the commission.--The Commission shall prevent any person from violating this title in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this title. Any person that violates the provisions of this title shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this title. (3) Investigations.--Notwithstanding any other provision of law, the Federal Trade Commission shall investigate any complaint received from a worker alleging a violation of this title with respect to a good, ware, article, or merchandise produced by that worker. (4) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall publish rules to carry out the provisions of this title. SEC. 202. PRIVATE RIGHT OF ACTION. (a) Private Suits.--A person with standing to sue under subsection (c) may bring a civil action against any seller of goods, wares, articles, or merchandise on grounds of violation of section 201. (b) Jurisdiction.--The United States district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce this section. (c) Standing to Sue.--The following persons have standing to sue under this section: (1) Competitors of the retailer of any good, ware, article, or merchandise sold in violation of section 201. (2) Investors of the retailer of any good, ware, article, or merchandise sold in violation of section 201. (3) Any employee of a person against whom an enforcement action has been brought for a violation of section 307 of the Tariff Act (19 U.S.C. 1307), as amended by this Act. (4) Any labor organization representing employees of the manufacturer or contractor or representing employees in the same industry or sector. (5) Any human rights organization whose purpose, in whole or in part, is to promote the enforcement of international labor rights and standards. (d) Damages; Injunctive Relief; Attorney Costs and Fees.-- (1) Damages.--When a violation of section 201 is established in any civil action arising under this section, the plaintiff shall be entitled to recover $10,000 or the fair market value of the goods, whichever is greater. (2) Injunctive relief.--The plaintiff may sue for injunctive relief against threatened loss or damage due to a violation of section 201. (3) Costs and fees.--The court shall award the cost of the suit, including reasonable attorneys' fees, to a prevailing plaintiff. (e) Interagency Cooperation.--All Federal departments and agencies shall cooperate with the Commissioner of the United States Customs and Border Protection and the Federal Trade Commission, to the extent practicable in the enforcement of this title. (f) List of Violators; Disclosure and Publication by Federal Trade Commission.--On January 1 and July 1 of each year, the Federal Trade Commission shall publish in the Federal Register and post on an Internet website the following information: (1) An alphabetical list of the name, address, and chief executive officer of each person that has, during the 2 years prior to publication, violated the provisions of this title, along with a summary description of each violation and the cumulative number of violations by each person on the list. (2) A detailed description of each violation that includes the following information: (A) The name, address, and chief executive officer of each violator. (B) The circumstances under which core labor standards, as defined in section 3 of this Act, were violated in the course of the mining, production, or manufacturing of the goods in question. TITLE III--GOVERNMENT PROCUREMENT SEC. 301. GOVERNMENT PROCUREMENT OF SWEATSHOP GOODS PROHIBITED. (a) Amendment to Federal Property and Administrative Services Act of 1949.--Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by adding at the end the following new section: ``SEC. 318. PROHIBITION ON PROCUREMENT OF SWEATSHOP GOODS. ``(a) Certification Requirement.--The head of an executive agency shall ensure that each covered contract entered into by such official for the procurement of property includes a clause that requires the contractor-- ``(1) to certify to the contracting officer that the contractor has made a good faith effort to determine whether any product furnished under the contract is a sweatshop good, and that, on the basis of those efforts, the contractor is unaware that any such product is a sweatshop good; and ``(2) to cooperate fully in providing reasonable access to the contractor's records, persons, or premises if requested by the contracting agency, the Department of Homeland Security, or the Department of Justice for the purpose of determining whether any product furnished under the contract is a sweatshop good. ``(b) Investigations.--Whenever a contracting officer of an executive agency has reason to believe that a product furnished under a covered contract is a sweatshop good, the head of the executive agency shall refer the matter for investigation to the Inspector General of the executive agency and, as the head of the executive agency or the Inspector General determines appropriate, to the Attorney General and the Secretary of Homeland Security. ``(c) Remedies.-- ``(1) In general.--The head of an executive agency may impose remedies as provided in this subsection if the head of the executive agency finds that the contractor-- ``(A) has furnished under a covered contract a product that is a sweatshop good; ``(B) has submitted a false certification under subsection (a)(1); or ``(C) has failed to cooperate with an investigation under this section. ``(2) Termination of contract.--The head of an executive agency may terminate a covered contract on the basis of a finding of a violation that occurs under paragraph (1) after the date the requirements of this section are implemented through the amendment of the Federal Acquisition Regulation under sections 6 and 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421). ``(3) Debarment and suspension.--The head of an executive agency may debar or suspend a contractor from eligibility for Federal contracts on the basis of a finding that the contractor has committed a violation described in paragraph (1). The debarment period may not exceed 3 years. ``(4) Inclusion on list of parties excluded from federal procurement and nonprocurement programs.--The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each contractor that is debarred, suspended, proposed for debarment or suspension, or declared ineligible by the head of an executive agency on the basis that the contractor has committed a violation under paragraph (1). ``(5) Remedies not exclusive.--This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a finding under paragraph (1). ``(d) Definitions.--In this section: ``(1) Covered contract.--The term `covered contract' means a contract for a total amount in excess of the micro-purchase threshold, as that term is defined in section 32(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 428(f)). ``(2) Sweatshop good.--The term `sweatshop good' means all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in violation of core labor standards, as defined in section 3 of the Decent Working Conditions and Fair Competition Act.''. (b) Amendment to Title 10, United States Code.-- (1) In general.--Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2334. Prohibition on procurement of sweatshop goods ``(a) Certification Requirement.--The head of an agency shall ensure that each covered contract entered into by such official for the procurement of property includes a clause that requires the contractor-- ``(1) to certify to the contracting officer that the contractor has made a good faith effort to determine whether any product furnished under the contract is a sweatshop good, and that, on the basis of those efforts, the contractor is unaware that any such product is a sweatshop good; and ``(2) to cooperate fully in providing reasonable access to the contractor's records, persons, or premises if requested by the contracting agency, the Department of Homeland Security, or the Department of Justice for the purpose of determining whether any product furnished under the contract is a sweatshop good. ``(b) Investigations.--Whenever a contracting officer of an agency has reason to believe that a product furnished under a covered contract is a sweatshop good, the head of the agency shall refer the matter for investigation to the Inspector General of the agency and, as the head of the agency or the Inspector General determines appropriate, to the Attorney General and the Secretary of Homeland Security. ``(c) Remedies.--(1) The head of an agency may impose remedies as provided in this subsection if the head of the agency finds that the contractor-- ``(A) has furnished under a covered contract a product that is a sweatshop good; ``(B) has submitted a false certification under subsection (a)(1); or ``(C) has failed to cooperate with an investigation under subsection (b). ``(2) The head of an agency may terminate a covered contract on the basis of a finding of a violation that occurs under paragraph (1) after the date the requirements of this section are implemented through the amendment of the Federal Acquisition Regulation under sections 6 and 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421). ``(3) The head of an agency may debar or suspend a contractor from eligibility for Federal contracts on the basis of a finding that the contractor has committed a violation described in paragraph (1). The debarment period may not exceed 3 years. ``(4) The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each contractor that is debarred, suspended, proposed for debarment or suspension, or declared ineligible by the head of an agency on the basis that the contractor has committed a violation under paragraph (1). ``(5) This section shall not be construed to limit the use of other remedies available to the head of an agency or any other official of the Federal Government on the basis of a finding under paragraph (1). ``(d) Definitions.--In this section: ``(1) The term `covered contract' means a contract for a total amount in excess of the micro-purchase threshold, as that term is defined in section 32(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 428(f)). ``(2) The term `sweatshop good' means all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in violation of core labor standards, as defined in section 3 of the Decent Working Conditions and Fair Competition Act.''. (2) Clerical amendment.--The table of contents at the beginning of such chapter is amended by adding at the end the following new item: ``2334. Prohibition on procurement of sweatshop goods.''. (c) Implementation Through the Federal Acquisition Regulation.--Not later than 120 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation issued under sections 6 and 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421) to provide for the implementation of the requirements of section 318 of the Federal Property of Administrative Services Act of 1949 and section 2334 of title 10, United States Code, as added by subsections (a) and (b), respectively. (d) Report.--Not later than 2 years after the requirements of this section and of section 318 of the Federal Property of Administrative Services Act of 1949 and section 2334 of title 10, United States Code, as added by subsections (a) and (b), respectively, are implemented through the amendment of the Federal Acquisition Regulation pursuant to subsection (c), the Administrator of General Services, with the assistance of other executive agencies, shall submit to the Office of Management and Budget a report on the actions taken under such sections. TITLE IV--EFFECT ON STATE LAW SEC. 401. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act shall be construed to preempt any law of a State or political subdivision of a State relating to labor standards required in the mining, production, or manufacture of any good, ware, article, or merchandise purchased by the State or political subdivision.

Decent Working Conditions and Fair Competition Act - Amends the Tariff Act of 1930 to revise the prohibition on importing convict-made goods into the United States to make it unlawful to: (1) import into, or export from, the United States any sweatshop good; or (2) introduce into commerce, sell, trade, or advertise in commerce, offer to sell, or transport or distribute in U.S. commerce, any sweatshop good. Grants the President, for reasons of national interest, authority to recommend waiver of the applications set forth in this Act in connection with the goods of any country with respect to one or more of the principles and rights defined in this Act as a core labor standard. Sets forth procedures for consideration of such a waiver. Makes it unlawful for persons to introduce into commerce, sell, trade, or advertise in commerce, offer to sell or transport or distribute in commerce any sweatshop good. Requires the Federal Trade Commission (FTC) to enforce this prohibition as if it were an unfair or deceptive act or practice proscribed under the Federal Trade Commission Act. Allows specified persons with standing to bring a civil action in U.S. district courts against sellers of goods, wares, articles, or merchandise on grounds of a violation of such prohibition. Lists those with standing. Prohibits executive agencies and the Armed Forces from entering into procurement contracts for sweatshop goods. Prohibits anything in this Act from being construed to preempt a state from regulating labor standards required in the mining, production, or manufacture of merchandise purchased by the state.

To amend the Tariff Act of 1930 to prohibit the import, export, and sale of goods made with sweatshop labor, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Health Tax Credit Act''. SEC. 2. SMALL BUSINESS TAX CREDIT FOR 50 PERCENT OF HEALTH PREMIUMS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45G. EMPLOYEE HEALTH INSURANCE EXPENSES. ``(a) General Rule.--For purposes of section 38, in the case of a qualified small employer, the employee health insurance expenses credit determined under this section is an amount equal to the applicable percentage of the amount paid by the taxpayer during the taxable year for qualified employee health insurance expenses. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage is equal to-- ``(1) 50 percent in the case of an employer with less than 26 qualified employees, ``(2) 40 percent in the case of an employer with more than 25 but less than 36 qualified employees, and ``(3) 30 percent in the case of an employer with more than 35 but less than 51 qualified employees. ``(c) Per Employee Dollar Limitation.--The amount of qualified employee health insurance expenses taken into account under subsection (a) with respect to any qualified employee for any taxable year shall not exceed the maximum employer contribution for self-only coverage or family coverage (as applicable) determined under section 8906(a) of title 5, United States Code, for the calendar year in which such taxable year begins. ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified small employer.-- ``(A) In general.--The term `qualified small employer' means any small employer which provides eligibility for health insurance coverage (after any waiting period (as defined in section 9801(b)(4))) to all qualified employees of the employer. ``(B) Small employer.-- ``(i) In general.--For purposes of this paragraph, the term `small employer' means, with respect to any calendar year, any employer if such employer employed an average of not less than 2 and not more than 50 qualified employees on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. ``(ii) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the 1st preceding calendar year, the determination under clause (i) shall be based on the average number of qualified employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(2) Qualified employee health insurance expenses.-- ``(A) In general.--The term `qualified employee health insurance expenses' means any amount paid by an employer for health insurance coverage to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. ``(B) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). ``(C) Health insurance coverage.--The term `health insurance coverage' has the meaning given such term by paragraph (1) of section 9832(b) (determined by disregarding the last sentence of paragraph (2) of such section). ``(3) Qualified employee.--The term `qualified employee' means an employee of an employer who, with respect to any period, is not provided health insurance coverage under-- ``(A) a health plan of the employee's spouse, ``(B) title XVIII, XIX, or XXI of the Social Security Act, ``(C) chapter 17 of title 38, United States Code, ``(D) chapter 55 of title 10, United States Code, ``(E) chapter 89 of title 5, United States Code, or ``(F) any other provision of law. ``(4) Employee--The term `employee'-- ``(A) means any individual, with respect to any calendar year, who is reasonably expected to receive at least $5,000 of compensation from the employer during such year, ``(B) does not include an employee within the meaning of section 401(c)(1), and ``(C) includes a leased employee within the meaning of section 414(n). ``(5) Compensation.--The term `compensation' means amounts described in section 6051(a)(3). ``(e) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(f) Denial of Double Benefit.--No deduction or credit under any other provision of this chapter shall be allowed with respect to qualified employee health insurance expenses taken into account under subsection (a).''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following: ``(16) the employee health insurance expenses credit determined under section 45G.''. (c) Credit Allowed Against Minimum Tax.-- (1) In general.--Subsection (c) of section 38 of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax) is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Special rules for employee health insurance credit.-- ``(A) In general.--In the case of the employee health insurance 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) the amounts in subparagraphs (A) and (B) thereof 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 employee health insurance credit). ``(B) Employee health insurance credit.--For purposes of this subsection, the term `employee health insurance credit' means the credit allowable under subsection (a) by reason of section 45G(a).''. (2) Conforming amendments.-- (A) Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the employee health insurance credit'' after ``employee credit''. (B) Subclause (II) of section 38(c)(3)(A)(ii) of such Code is amended by inserting ``or the employee health insurance credit'' after ``employee credit''. (d) No Carrybacks.--Subsection (d) of section 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(11) No carryback of section 45g credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the employee health insurance expenses credit determined under section 45G may be carried back to a taxable year ending before the date of the enactment of section 45G.''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 45G. Employee health insurance expenses.''. (f) Employer Outreach.--The Internal Revenue Service shall, in conjunction with the Small Business Administration, develop materials and implement an educational program to ensure that business personnel are aware of-- (1) the eligibility criteria for the tax credit provided under section 45G of the Internal Revenue Code of 1986 (as added by this section), (2) the methods to be used in calculating such credit, (3) the documentation needed in order to claim such credit, and (4) any available health plan purchasing alliances established under title II, so that the maximum number of eligible businesses may claim the tax credit. (g) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act.

Small Business Health Tax Credit Act - Amends the Internal Revenue Code to allow small business employers (employers with between two and 50 employees) an income tax credit of between 30 to 50 percent (depending upon the number of employees) of the amount paid for employee health insurance, subject to a dollar limitation for each employee. Allows the employer to apply such credit against its minimum tax liability. Directs the Internal Revenue Service, in conjunction with the Small Business Administration, to educate small business personnel about this tax credit.

A bill to amend the Internal Revenue Code of 1986 to provide a small business health tax credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mandatory Minimum Reform Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Mandatory minimum sentences are statutorily prescribed terms of imprisonment that automatically attach upon conviction of certain criminal conduct, usually pertaining to drug or firearm offenses. Absent very narrow criteria for relief, a sentencing judge is powerless to mandate a term of imprisonment below the mandatory minimum. Mandatory minimum sentences for drug offenses rely solely upon the weight of the substance as a proxy for the degree of involvement of a defendant's role. (2) In the Anti-Drug Abuse Act of 1986, and at the height of the public outcry over crack cocaine, Congress acted hastily, without sufficient hearings, and enacted hard line penalties that targeted low-level drug offenders. These penalties included new, long mandatory minimum sentences for such offenders. (3) According to the Bureau of Prisons, in 1986, when the new drug law containing lengthy mandatory minimum sentences passed, the prison population was 36,000. Today, the Federal prison population is over 210,000 prisoners, up almost 600 percent in 29 years. (4) According to the Bureau of Prisons, the average cost to keep one prisoner in Federal prison for one year is approximately $29,000. (5) According to the Office of Management and Budget, annual spending on the Federal prison system rose 595 percent, from $970,000,000 to more than $6.7 billion in inflation- adjusted dollars, between 1980 and 2013. (6) According to the U.S. Sentencing Commission, between 1995 and 2010, over 400,000 drug offenders were sentenced under Federal law; of these, almost 250,000 (61 percent) received mandatory minimum sentences. (7) According to the U.S. Sentencing Commission, drug offenders released from prison in 1986 who had been sentenced before the adoption of mandatory sentences and sentencing guidelines had served an average of 22 months in prison. In 2013, almost two-thirds of all drug offenders received a mandatory sentence, with most receiving a 10-year minimum. Most of these offenders are nonviolent or lower-level offenders with little or no criminal history: in 2013, 49.6 percent had few or no prior convictions, 83.8 percent did not have weapons involved in their offense, and only 7 percent were considered leaders, managers, or supervisors of drug operations. (8) Mandatory minimum sentences have consistently been shown to have a disproportionate impact on African-Americans. The United States Sentencing Commission, in a 15-year overview of the Federal sentencing system, concluded that ``mandatory penalty statutes are used inconsistently'' and disproportionately affect African-American defendants. African- American drug defendants are 20 percent more likely to be sentenced to prison than White drug defendants. (9) According to the U.S. Sentencing Commission, between 1994 and 2003, the average time served by African-Americans for a drug offense increased by 62 percent, compared to a 17 percent increase among White drug defendants. (10) According to the Substance Abuse and Mental Health Services Administration, Government surveys document that drug use is roughly consistent across racial and ethnic groups. While there is less data available regarding drug sellers, research from the Office of National Drug Control Policy and the National Institute of Justice has found that drug users generally buy drugs from someone of their own racial or ethnic background. But, according to the U.S. Sentencing Commission, over 70 percent of all Federal narcotics offenders sentenced each year are African-Americans and Hispanic-Americans, many of whom are low-level offenders. (11) As a result of Federal prosecutors' focus on low-level drug offenders, the overwhelming majority of individuals subject to the heightened crack cocaine penalties are African- American. According to the U.S. Sentencing Commission's 2007 Report to Congress on crack cocaine, only 8.8 percent of Federal crack cocaine convictions were imposed on White Americans, while 81.8 percent and 8.4 percent were imposed on African-American and Hispanics, respectively. (12) According to the U.S. Census, African-Americans comprise 12 percent of the U.S. population and, according to the Substance Abuse and Mental Health Services Administration, about 10 percent of all drug users, but almost 26.5 percent of all Federal drug convictions according to the U.S. Sentencing Commission. (13) According to the U.S. Sentencing Commission, African- Americans, on average, now serve almost as much time in Federal prison for a drug offense (58.7 months) as Whites do for a violent offense (61.7 months). (14) According to the U.S. Sentencing Commission, in 2013, almost 34 percent of women entering Federal prison did so for a drug offense. Linking drug quantity with punishment severity has had a particularly profound impact on women, who are more likely to play peripheral roles in a drug enterprise than men. However, because prosecutors can attach drug quantities to an individual regardless of the level of a defendant's participation in the charged offense, women have been exposed to increasingly punitive sentences to incarceration. (15) Low-level and mid-level drug offenders can be adequately prosecuted by the States and punished or supervised in treatment as appropriate. (16) The Departments of Justice, the Treasury, and Homeland Security are the agencies with the greatest capacity to investigate, prosecute and dismantle the highest level of drug trafficking organizations. Low-level drug offender investigations and prosecutions divert Federal personnel and resources from prosecuting high-level traffickers. (17) Congress must have the most current information on the number of prosecutions of high-level and low-level drug offenders in order to properly reauthorize Federal drug enforcement programs. (18) Congress has an obligation to taxpayers to use sentencing policies that are cost-effective and increase public safety, in addition to establishing a criminal justice system that is fair, efficient, and provides just sentences for offenders. Mandatory sentences have not been conclusively shown to reduce recidivism or deter crime. (19) Prisons are important and expensive; the limited resources in the Federal criminal justice system should be used to protect society by incapacitating dangerous and violent offenders who pose a threat to public safety. The Federal judiciary has the expertise and is in the best position to sentence each offender and determine who should be sent to Federal prisons and the amount of time each offender should serve. SEC. 3. APPROVAL OF CERTAIN PROSECUTIONS BY ATTORNEY GENERAL. A Federal prosecution for an offense under the Controlled Substances Act, the Controlled Substances Import and Export Act, or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that amount specified as a minimum for an offense under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams, shall not be commenced without the prior written approval of the Attorney General. SEC. 4. MODIFICATION OF CERTAIN SENTENCING PROVISIONS. (a) Section 404.--Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended-- (1) by striking ``not less than 15 days but''; (2) by striking ``not less than 90 days but''; and (3) by striking the sentence beginning ``The imposition or execution of a minimum sentence''. (b) Section 401.--Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended-- (1) in paragraph (1)(A)-- (A) by striking ``which may not be less than 10 years and or more than'' and inserting ``for any term of years or for''; (B) by striking ``and if death or serious bodily injury results from the use of such substance shall not be less than 20 years or more than life''; (C) by striking ``which may not be less than 20 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to imprisonment for any term of years or for life imprisonment'' and inserting ``for any term of years or for life''; (D) by striking the sentence beginning ``If any person commits a violation of this subparagraph''; and (E) by striking the sentence beginning ``Notwithstanding any other provision of law'' and the sentence beginning ``No person sentenced''; (2) in paragraph (1)(B)-- (A) by striking ``which may not be less than 5 years and'' and inserting ``for''; (B) by striking ``not less than 20 years or more than,'' and inserting ``for any term or years or for''; (C) by striking ``which may not be less than 10 years and not more than'' and inserting ``for any term of years or for''; (D) by inserting ``imprisonment for any term of years or for'' after ``if death or serious bodily injury results from the use of such substance shall be sentenced to''; and (E) by striking the sentence beginning ``Notwithstanding any other provision of law'' and the sentence beginning ``No person sentenced''; and (3) in paragraph (1)(C), by striking ``of not less than twenty years or more than life'' and inserting ``for any term of years or to life imprisonment''. (c) Section 1010.--Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``of not less than 10 years and not more than'' and inserting ``for any term of years or for''; (B) by striking ``and if death'' the first place it appears and all that follows through ``20 years and not more than life'' the first place it appears; (C) by striking ``of not less than 20 years and not more than life imprisonment'' and inserting ``for any term of years or for life''; (D) by striking ``and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment''; and (E) by striking the sentence beginning ``Notwithstanding any other provision of law'' and the sentence beginning ``No person sentenced''; (2) in paragraph (2)-- (A) by striking ``not less than 5 years and''; (B) by striking ``of not less than twenty years and not more than'' and inserting ``for any term of years or for''; (C) by striking ``of not less than 10 years and not more than'' and inserting ``for any term of years or to''; (D) by striking ``and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment''; and (E) by striking the sentence beginning ``Notwithstanding any other provision of law'' and the sentence beginning ``No person sentenced''; and (3) in paragraph (3), by striking ``of not less than twenty years and not more than life'' and inserting ``for any term or years or for life''. (d) Section 418.--Section 418 of the Controlled Substances Act (21 U.S.C. 859) is amended by striking the sentence beginning ``Except to the extent'' each place it appears and by striking the sentence beginning ``The mandatory minimum''. (e) Section 419.--Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended-- (1) by striking the sentence beginning ``Except to the extent'' each place it appears and by striking the sentence beginning ``The mandatory minimum''; and (2) by striking subsection (d). (f) Section 420.--Section 420 of the Controlled Substances Act (21 U.S.C. 861) is amended-- (1) in each of subsections (b) and (c), by striking the sentence beginning ``Except to the extent''; (2) by striking subsection (e); and (3) in subsection (f), by striking ``, (c), and (e)'' and inserting ``and (c)''.

Mandatory Minimum Reform Act of 2015 This bill amends the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate most drug offense mandatory minimum prison terms imposed on a defendant who imports, exports, manufactures, distributes, or possesses with intent to distribute a controlled substance. Additionally, it eliminates drug offense mandatory minimum prison terms for simple possession, distribution to an individual under age 21 by an individual at least age 18, distribution or manufacture in a school zone, and use of an individual under age 18 to distribute. Finally, the bill requires prior written approval of the Attorney General to prosecute a defendant for certain drug offenses that involve low-level drug quantities (e.g., less than one kilogram of heroin or less than 500 grams of cocaine-based substances).

Mandatory Minimum Reform Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare HMO Improvement Act of 1998''. SEC. 2. EXTENSION OF INITIAL MEDICARE+CHOICE CONTRACT PERIOD TO 3 YEARS. (a) In General.--Section 1857(c)(1) of the Social Security Act (42 U.S.C. 1395w-27(c)(1)) is amended-- (1) by striking ``a term of at least 1 year'' and inserting ``an initial term of at least 3 years''; and (2) by striking ``from term to term'' and inserting ``for additional 1-year periods thereafter''. (b) Effective Date.--The amendments made by subsection (a) apply to contracts entered into on or after the date of the enactment of this Act. SEC. 3. AUTHORITY TO DELAY TERMINATION. Section 1851(g)(3) of the Social Security Act (42 U.S.C. 1395w- 21(g)(3)) is amended by adding at the end the following new subparagraph: ``(E) Authority to delay effectiveness of a termination.-- (i) In general.--If a Medicare+Choice organization terminates a plan under subparagraph (B)(iii), the Secretary may delay the effectiveness of such termination for up to 1 year if the Secretary finds that-- ``(I) the termination would cause an imminent and serious risk to health to individuals enrolled under the plan under this part; ``(II) the termination would result in a significant reduction in the Medicare+Choice plans that are available in the area affected by the termination; or ``(III) the chief executive officer of the State in which the termination occurs requests such a delay. ``(ii) End of delay.--The Secretary may end a delay under clause (i), before the end of the 1-year period, if the Secretary finds that an adequate provider network has been established which will provide at least an equal level of insurance coverage as existed on the date the Medicare+Choice organization informed its enrollees of its intention to terminate the plan.''. SEC. 4. RESTRICTION ON TERMINATION OF MEDICARE+CHOICE PLANS IN SELECTED AREAS WITHIN A METROPOLITAN STATISTICAL AREA. (a) In General.--Section 1857(c) of the Social Security Act (42 U.S.C. 1395w-27(c)) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Limitation on selective termination of contracts.-- ``(A) In general.--Except as provided in subparagraph (B), if a Medicare+Choice organization offers a Medicare+Choice plan that provides coverage in a metropolitan statistical area (or a New England County Metropolitan Area) in a State and terminates such coverage for any part of such area (or Area) in the State, the Secretary shall terminate any contract with the organization for coverage of any part of that area (or Area) in that State. ``(B) Exception.--The Secretary may waive the requirement of subparagraph (A) if the Secretary finds that terminating contracts for coverage in all parts of a metropolitan statistical area (or New England County Metropolitan Area) in the State would pose an imminent and serious risk to the health of individuals enrolled with the organization under this part in the area (or Area).''. (b) Effective Date.--The amendments made by subsection (a) apply to terminations for which notice is provided on or after the date of the enactment of this Act. SEC. 5. CONTINUITY OF CARE IN CASE OF INVOLUNTARY TERMINATION. (a) In General.--Section 1852(d) of the Social Security Act (42 U.S.C. 1395w-22(d)) is amended by adding at the end the following new paragraph: ``(5) Continuity of care.-- ``(A) In general.--If-- ``(i) an individual's enrollment with a Medicare+Choice plan offered by a Medicare+Choice organization under this part is terminated by the organization (other than for cause with respect to that individual), and ``(ii) on the effective date of such termination of enrollment the individual is in a course of treatment for which coverage is available under the plan and the individual is not at that time covered under another Medicare+Choice plan, notwithstanding such termination the organization shall continue to provide coverage for the covered course of treatment for a period of 90 days after such effective date. ``(B) Permissible terms and conditions.--The coverage provided under subparagraph (A) shall be under the same terms and conditions (including applicable policies, procedures, and quality assurance standards) as existed on the date before the effective date of the termination. ``(C) Terminate defined.--In this paragraph, the term `terminate' includes the termination of a Medicare+Choice plan as a result of the expiration or nonrenewal of a contract by the organization under this part. ``(D) Construction.--Nothing in this paragraph shall be construed to require the coverage of benefits which would not have been covered on the effective date of the termination involved.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to contracts entered into or renewed on or after the date of the enactment of this Act.

Medicare HMO Improvement Act of 1998 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act with regard to contracts with Medicare+Choice organizations to: (1) provide for extension of the initial Medicare+Choice contract period from one year to three years; and (2) require termination of any contract with an organization that terminates coverage for any part of a metropolitan statistical area (or a New England County Metropolitan Area). Authorizes the Secretary of Health and Human Services to delay the effectiveness of a Medicare+Choice organization's termination of its plan with respect to all individuals in an area, if: (1) the termination would cause an imminent and serious health risk to enrollees; (2) the termination would result in a significant reduction in the Medicare+Choice plans available in the area affected; or (3) the chief executive officer of the State in which the termination occurs requests such a delay. Provides for continuity of care, for a limited period, in certain cases of involuntary termination (other than for cause) of an individual's enrollment with a Medicare+Choice plan.

Medicare HMO Improvement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Useful Research Expenditures is Key for Alzheimer's Act'' or the ``EUREKA Act''. SEC. 2. AUTHORIZATION OF NATIONAL ALZHEIMER'S AND DEMENTIA RESEARCH BREAKTHROUGH PRIZE COMPETITIONS. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409K. NATIONAL ALZHEIMER'S AND DEMENTIA RESEARCH BREAKTHROUGH PRIZE COMPETITIONS. ``(a) In General.--The Director of NIH, in consultation with the Director of the National Science Foundation, the Director of the Defense Advanced Research Projects Agency, the Commissioner of Food and Drugs, the Director of the Intelligence Advanced Research Projects Activity, and the heads of any other appropriate Federal agencies that have experience in prize competitions, shall establish prize competitions. The competitions shall be designed to achieve high- priority breakthroughs to achieve the national goals of preventing and treating Alzheimer's disease by 2025, enhancing quality and efficiency of care for individuals with Alzheimer's disease, and expanding supports for individuals with Alzheimer's disease and the family caregivers of such individuals. ``(b) EUREKA Prize Competitions.-- ``(1) In general.--The Director of NIH, in consultation with the Director of the National Science Foundation, the Director of the Defense Advanced Research Projects Agency, the Commissioner of Food and Drugs, the Director of the Intelligence Advanced Research Projects Activity, and the heads of any other appropriate Federal agencies that have experience in prize competitions, and when appropriate, in coordination with private organizations, shall establish EUREKA prize competitions to accelerate breakthroughs in the area of Alzheimer's disease and dementia that lead to the attainment of critical milestones set forth in the competitions. The competitions may be in any of the following areas: ``(A) Identification and validation of non-invasive biomarkers to inform therapeutic targeting. ``(B) Identification of scalable, non-invasive means of early detection and diagnosis of Alzheimer's disease. ``(C) Repurposing of a drug approved by the Food and Drug Administration as a disease-modifying treatment for Alzheimer's disease. ``(D) Innovations, including technological or telemedicine, to improve care of individuals with Alzheimer's disease or dementia and to ease the burden of caregiving for such individuals, including cost burdens. ``(E) Breakthroughs to overcome a significant scientific barrier to understanding the pathology of Alzheimer's disease. ``(F) Other Alzheimer's disease and dementia needs, as appropriate and as determined by the Advisory Council described in subsection (c). ``(G) Other areas, as the Director of NIH determines appropriate. ``(2) Publication.--The Director of NIH shall publish each competition that is offered in the Federal Register, including the specific award amounts offered, applicable deadlines, and other eligibility criteria. ``(3) Eligibility.--To be eligible to win a prize under this section, an individual or private organization-- ``(A) shall have registered to participate in the competition under any rules promulgated by the Director of NIH under paragraph (2); ``(B) shall have complied with all the requirements under this section; ``(C) in the case of a private organization, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen or permanent resident of the United States, unless the Director of NIH waives such requirement with respect to an organization or individual; and ``(D) may not be a Federal entity or Federal employee acting within the scope of their employment. ``(c) Advisory Council.--Not later than 1 year after the date of enactment of the EUREKA Act, the Director of NIH shall convene an Advisory Council of nongovernmental experts in Alzheimer's disease and dementia to devise development of EUREKA prize competitions under subsection (b). The council shall be comprised of 8 members, including-- ``(1) 2 experts from private organizations with expertise in managing multi-faceted prize competitions; ``(2) 2 experts in Alzheimer's disease and dementia biomedical research; ``(3) 2 experts in Alzheimer's disease and dementia therapy development, including individuals with expertise in designing and executing human clinical trials; and ``(4) 2 individuals from the caregiver or patient advocacy community. ``(d) Evaluation of Submissions.--The Director of NIH, in consultation with the Advisory Council, shall appoint a panel of judges, from within or outside the National Institutes of Health, including from the private sector, to review and evaluate all submissions for EUREKA competitions. The judging panel shall forward recommendations to the Director of NIH and the Advisory Council. The Director of NIH shall evaluate all submissions recommended by the judging panel and select submissions for which the prize shall be awarded. In reviewing submissions and selecting awardees, the Director of NIH may seek technical assistance and expertise from other Federal agencies or external sources, as appropriate. ``(e) Administering the Competitions.--The Director of NIH may enter into an agreement with a private organization to administer prize competitions, subject to the provisions of this section. ``(f) Applicability of Other Provisions.--Subsections (e), (h), (i), and (j) of section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 shall apply to this section. In applying such subsection (h) to this section, the reference to subsection (g) shall be deemed to be a reference to subsection (b) of this section. Paragraphs (2) and (3) of subsection (k) of section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 shall apply to the appointment and functioning of the panel of judges described in subsection (d). ``(g) Exemption From FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory council established under subsection (c) or the judging panel appointed under subsection (d). ``(h) Private Organizations.--In this section, the term `private organizations' means nongovernmental entities, including nonprofit and for-profit entities. ``(i) Funding.-- ``(1) In general.--Support for a prize competition under this section, including financial support for the design and administration of a prize competition or monetary contributions or gifts of property for a prize purse, may consist of Federal appropriated funds, funds provided by private organizations, and individuals. The Director of NIH may solicit and accept funds from other Federal agencies, from private organizations, and individuals to support such prize competitions. The Director of NIH may not give any special consideration to any individual or private organization in return for a donation. ``(2) Authorization of appropriations.--To carry out this section, there are authorized to be appropriated not more than $10,000,000, for each of fiscal years 2017 through 2021. Any funds appropriated under this paragraph shall remain available until September 30, 2025. ``(3) Clarification.--Any funds made available through this section shall supplement, not supplant, other funding made available for research on Alzheimer's disease and related dementia.''.

Ensuring Useful Research Expenditures is Key for Alzheimer's Act or the EUREKA Act This bill amends the Public Health Service Act to require the National Institutes of Health (NIH) to establish EUREKA prize competitions to achieve high-priority breakthroughs in Alzheimer's disease and dementia prevention, diagnosis, treatment, and care. The NIH must: (1) convene an advisory council of nongovernmental experts in Alzheimer's disease and dementia to develop the EUREKA prize competitions, and (2) appoint a panel of judges to evaluate submissions. The council and panel are not subject to the Federal Advisory Committee Act. Support for EUREKA prize competitions may be provided by private organizations and individuals.

EUREKA Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice and Understanding By IMF Loan Elimination and Equity Act of 2004'' or the ``JUBILEE Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Many poor countries have been struggling under the burden of international debts for many years. (2) Many poor countries have debts that are odious because they were incurred by dictatorships that did not use the funds in ways that benefitted the population of the country. (3) The international Jubilee coalitions have been working to raise awareness of the needs of these impoverished countries for full debt cancellation. (4) The International Monetary Fund (IMF) has imposed onerous structural adjustment requirements on many poor countries as a condition of past loans and of participation in debt relief programs. (5) Justice requires that debts owed by these countries to the IMF be cancelled. SEC. 3. CANCELLATION OF DEBT OWED TO THE IMF BY ELIGIBLE POOR COUNTRIES. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-8) is amended by adding at the end the following: ``SEC. 1626. CANCELLATION OF DEBT OWED TO THE IMF BY ELIGIBLE POOR COUNTRIES. ``(a) In General.-- ``(1) Cancellation of debt.--In order to achieve multilateral debt cancellation and promote human and economic development and poverty alleviation in eligible poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to accomplish the following: ``(A) The IMF shall cancel all debts owed to the IMF by eligible poor countries, and finance the debt cancellation from ongoing operations, procedures, and accounts of the IMF established as of the end of the most recent fiscal year, including the Poverty Reduction and Growth Facility (formerly known as the `Enhanced Structural Adjustment Facility' or `ESAF'). ``(B) Any waiting period before receiving debt cancellation shall not exceed 1 month from the date of an eligible poor country's application for debt cancellation. ``(C) The government of each eligible poor country shall be encouraged to allocate at least 20 percent of its national budget, including the savings from the cancellation of debt owed by the country to the IMF, for the provision of basic health care services, education services, and clean water services to individuals in the country. In providing such services, the government should seek input from a broad cross- section of members of civil society. ``(2) Prohibition of privilege for imf credit.--In order to ensure that the interests of the United States are fully protected and that the IMF does not have undue influence over the policies and finances of poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the IMF, and other appropriate multilateral development institutions, to ensure that the IMF does not require any country receiving new concessional loans to privilege the IMF as a creditor over the United States. ``(3) Establishment of framework for creditor transparency.--In order to ensure that creditor activity is known and assessed by all stakeholders, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to ensure that each international financial institution (as defined in section 1701(c)(2))-- ``(A) continues to make efforts to promote greater transparency regarding the activities of the institution, including project design, project monitoring and evaluation, project implementation, resource allocation, and decisionmaking; and ``(B) supports continued efforts to allow informed participation and input by affected communities, including translation of information on proposed projects, provision of information through information technology application, oral briefings, and outreach to and dialogue with community organizations and institutions in affected areas. ``(4) Availability on treasury department website of remarks of united states executive directors at meetings of international financial institutions boards of directors.--The Secretary of the Treasury shall make available on the website of the Department of the Treasury the full record of the remarks of the United States Executive Director at meetings of the Board of Directors of each international financial institution and the International Monetary Fund, about cancellation or reduction of debts owed to the institution involved, with redaction by the Secretary of the Treasury of material deemed too sensitive for public distribution, but showing the topic, amount of material redacted, and reason for the redaction. ``(5) Report from the comptroller general.--Within 90 days after the date of the enactment of this section, the Comptroller General of the United States shall prepare and submit to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the availability of the ongoing operations, procedures, and accounts of the IMF for canceling the debt of eligible poor countries. ``(6) Annual reports from the president.--Not later than December 31 of each year, the President shall submit to the Committees on Banking and Financial Services, and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year. The report shall include a list of the countries that have received debt cancellation, a list of the countries whose request for such debt cancellation has been denied and the reasons therefor, and a list of the countries whose requests for such debt cancellation are under consideration. ``(b) Promotion of Equitable Burden Sharing.--In order to promote equitable burden sharing by bilateral, multilateral, and private creditors, the Secretary of the Treasury shall commence immediate efforts to ensure that such creditors draw upon their own resources to finance debt reduction to the extent possible without diverting funds from other high-priority poverty alleviation programs. ``(c) Eligible Poor Country Defined.--In this section, the term `eligible poor country' means Angola, Bangladesh, Benin, Bolivia, Botswana, Burkina Faso, Burundi, Cambodia, Cameroon, Central African Republic, Chad, Cote d'Ivoire, Democratic Republic of Congo, Ethiopia, Gambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Jamaica, Kenya, Lao PDR, Liberia, Madagascar, Malawi, Mali, Mauritania, Morocco, Mozambique, Namibia, Nepal, Nicaragua, Niger, Nigeria, Peru, Philippines, Republic of Congo, Rwanda, Sao Tome and Principe, Senegal, Sierra Leone, South Africa, Tanzania, Togo, Uganda, Vietnam, Yemen, and Zambia, but not if-- ``(1) the government of the country has an excessive level of military expenditures; ``(2) the government of the country has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)); ``(3) the government of the country is failing to cooperate on international narcotics control matters; ``(4) the government of the country (including its military or other security forces) engages in a consistent pattern of gross violations of internationally recognized human rights; or ``(5) in the case of Haiti, the government of the country has not been elected through free and fair elections.''. SEC. 4. PROHIBITION OF STRUCTURAL ADJUSTMENT PROGRAMS. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-8) is further amended by adding at the end the following: ``SEC. 1627. PROHIBITION OF STRUCTURAL ADJUSTMENT PROGRAMS. ``(a) Prohibition of Structural Adjustment Conditions.--In order to promote human and economic development and poverty alleviation in eligible poor countries (as defined in section 1626(c)), the Secretary of the Treasury shall commence immediate efforts within the Paris Club of Official Creditors, as well as the International Bank for Reconstruction and Development (World Bank), the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to ensure that the provision of debt cancellation to the countries is not conditioned on any agreement by such a country to implement or comply with policies that deepen poverty or degrade the environment, including any policy that-- ``(1) implements or extends user fees on primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, tuberculosis, malaria, and infant, child, and maternal well-being; ``(2) provides for increased cost recovery from poor people to finance basic public services such as education, health care, or sanitation; ``(3) would have the effect of increasing the cost to consumers with incomes of less than $2 per day for access to clean drinking water through-- ``(A) decreased public subsidy for water supply, treatment, disposal, distribution, or management; ``(B) reduced intrasectoral or intersectoral subsidization of residential water consumers with incomes of less than $2 per day; ``(C) reduced government ability to regulate; or ``(D) mandated privatization of water; or ``(4) undermines workers' ability to exercise effectively their internationally recognized worker rights, as defined under section 526(e) of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1995 (22 U.S.C. 262p-4p). ``(b) Annual Reports to the Congress.--Not later than December 31 of each year, the President shall submit to the Committees on Banking and Financial Services and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year.''. SEC. 5. CONDITIONAL BAN ON PROVIDING FUNDS TO THE IMF. (a) In General.--None of the funds appropriated in any Act may be obligated or made available to the International Monetary Fund (IMF) unless-- (1) the IMF has cancelled all debts owed to it by eligible poor countries as described in section 1626(a)(1) of the International Financial Institutions Act; (2) the IMF has terminated its involvement in the Poverty Reduction and Growth Facility and any other program to condition debt relief on implementation of structural adjustment; and (3) the Secretary of the Treasury has certified to the Congress that the conditions referred to in paragraphs (1) and (2) of this subsection have been met. (b) Limitation.--Subsection (a) shall not apply to any funds appropriated to provide debt relief to poor countries.

Justice and Understanding By IMF Loan Elimination and Equity (JUBILEE) Act of 2004 - Amends the International Financial Institutions Act to require the Secretary of the Treasury to commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), and other appropriate multilateral development institutions (MDI's), to accomplish: (1) cancellation of all debts owed to the IMF by specified eligible poor countries, and the financing of such debt cancellation from ongoing IMF operations, procedures, and accounts established as of the end of the most recent fiscal year, including the Poverty Reduction and Growth Facility (formerly known as the Enhanced Structural Adjustment Facility or ESAF); (2) limitation of any waiting period before receipt of debt cancellation to one month from the date of an eligible poor country's application for it; and (3) encouragement of the government of each eligible poor country to allocate at least 20 percent of its national budget, including the savings from such debt cancellation, for the provision of basic health care services, education services, and clean water services to individuals in the country. Sets forth requirements for: (1) a prohibition against the IMF's requiring any country receiving new concessional loans to privilege the IMF as a creditor over the United States; (2) establishment of a framework to ensure the transparency regarding each international financial institution's activities; and (3) availability on the Treasury Department's website of U.S. Executive Directors' remarks at meetings of international financial institutions' Boards of Directors. Requires the Secretary to commence immediate efforts, within the Paris Club, the IMF, and other appropriate MDI's, to ensure that the provision of debt cancellation to such countries is not conditioned on any agreement by such a country to implement or comply with specified policies that deepen poverty or degrade the environment. Bars funds appropriated in any Act (except those providing for debt relief to poor countries) from being obligated or made available to IMF unless specified conditions are met relating to debt cancellation for all eligible poor countries and termination of conditioning debt relief on certain structural adjustment.

To provide for the cancellation of debts owed to the International Monetary Fund by poor countries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Opportunities Act of 1999''. TITLE I--HELP SCHOLARSHIPS SEC. 101. SHORT TITLE. This title may be cited as the ``Helping Empower Low-Income Parents (HELP) Scholarships Amendments of 1999''. SEC. 102. FINDINGS. Congress finds the following: (1) Congress strongly supports the efforts to expand educational opportunities for low-income families. (2) The HELP Scholarships and the education tax credit proposed under this Act are designed to provide additional learning opportunities and tools for individuals living in economically-disadvantaged communities in a manner consistent with the education flexibility initiatives already adopted by Congress. SEC. 103. DEFINITIONS. Section 6003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7303) is amended-- (1) in the section heading, by striking ``definition'' and inserting ``definitions''; (2) by striking ``(1)'', ``(2)'', and ``(3)''; (3) in the matter proceeding subparagraph (A), by striking ``title the term'' and inserting the following: ``title-- ``(1) the term''; (4) by striking the period at the end; and (5) by adding at the end the following: ``(2) 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; and ``(3) the term `voluntary public and private parental choice program' means a program that meets the requirements of section 6301(b)(10), is authorized by State law, and includes 1 or more private schools to allow low-income parents to choose the appropriate school for their children.''. SEC. 104. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES. Subsection (a) of section 6102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7312(a)) is amended to read as follows: ``(a) Distribution Rule.-- ``(1) State funds.-- ``(A) In general.--Of the amount made available to a State educational agency each fiscal year to carry out this title, the agency may reserve for State programs-- ``(i) not more than 10 percent; or ``(ii) in the case of a State that has in effect a law that establishes a voluntary public and private parental choice program, not more than 25 percent. ``(B) Limitation on use of certain reserved amounts.--If a State educational agency reserves under subparagraph (A) more than 10 percent of amounts made available to the agency for a fiscal year, the agency shall use amounts in excess of 10 percent of amounts so made available only for voluntary public and private parental choice programs. ``(2) Local funds.--A State educational agency shall distribute amounts made available to the agency under this title that are not reserved under paragraph (1) to local educational agencies within such State that are located in an area designated as an empowerment zone or an enterprise community under section 1391 of the Internal Revenue Code of 1986. SEC. 105. USES OF FUNDS. (a) State Uses of Funds.--Section 6201(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7331(a)(1)) is amended-- (1) in subparagraph (B), by striking ``and'' after the semicolon; and (2) by inserting after subparagraph (C) the following: ``(D) establishing voluntary public and private parental choice programs in accordance with section 6301(b)(10); and''. (b) Local Uses of Funds.--Section 6301(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351) is amended-- (1) in paragraph (8), by striking ``and'' after the semicolon; (2) in paragraph (9), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (9) the following: ``(10) voluntary public and private parental choice programs that-- ``(A) are located in an area designated as an empowerment zone or an enterprise community under section 1391 of the Internal Revenue Code of 1986; ``(B) ensure that participation in such a voluntary public and private parental choice program is limited to families whose family income does not exceed 185 percent of the poverty line; ``(C) ensure that-- ``(i) the maximum amount of a voluntary public and private parental choice scholarship does not exceed the per pupil expenditure of the local educational agency in which an applicant for a voluntary public and private parental choice scholarship resides; and ``(ii) the minimum amount of a voluntary public and private parental choice scholarship is not less than 60 percent of the per pupil expenditure of the local educational agency in which an applicant for a voluntary public and private parental choice scholarship resides or the cost of tuition at a private school, whichever is less; ``(D) ensure that for a private school, which may include a religiously affiliated school, choosing to participate in a voluntary public and private parental choice program-- ``(i) such a school is permitted to impose the same academic requirements for all students, including students selected for a scholarship as provided under this paragraph; ``(ii) receipt of funds under this title is not conditioned with requirements or regulations that preclude the use of such funds for sectarian educational purposes or require removal of religious art, icons, scripture, or other symbols; and ``(iii) such a school is in compliance with all State requirements applicable to the operation of a private school that are in effect in the year preceding the date of the enactment of the Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997; ``(E) may allow State, local, and private funds to be used for voluntary public and private parental choice programs; and ``(F) ensure priority for students who were enrolled in a public school in the school year preceding the school year in which a voluntary public and private parental choice school begins operation.''. SEC. 106. EVALUATION. Part D of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7371 et seq.) is amended-- (1) by adding at the end of section 6402 the following new subsection: ``(j) Application.--This section shall not apply to funds that a State or local educational agency uses to establish a voluntary public and private parental choice program in accordance with section 6301(b)(10).''; and (2) by adding at the end of such part the following new sections: ``SEC. 6404. EVALUATION. ``(a) Annual Evaluation.-- ``(1) Contract.--The Comptroller General of the United States shall enter into a contract, with an evaluating agency that has demonstrated experience in conducting evaluations, for the conduct of an ongoing rigorous evaluation of the programs established under section 6301(b)(10). ``(2) Annual evaluation requirement.--The contract described in paragraph (1) shall require the evaluating agency entering into such contract to evaluate annually each program established under section 6301(b)(10) in accordance with the evaluation criteria described in subsection (b) and each such program that has applied for an education flexibility waiver under section 6304. ``(3) Transmission.--The contract described in paragraph (1) shall require the evaluating agency entering into such contract to transmit to the Comptroller General of the United States the findings of each annual evaluation under paragraph (1). ``(b) Evaluation Criteria.--The Comptroller General of the United States, in consultation with the Secretary, shall establish minimum criteria for evaluating each program established under section 6301(b)(10). Such criteria shall provide for-- ``(1) a description of the implementation of each program established under section 6301(b)(10) and the program's effects on all participants, schools, and communities in the program area, with particular attention given to the effect of parent participation in the life of the school and the level of parental satisfaction with the program; and ``(2) a comparison of the educational achievement of all students in the program area, including a comparison between-- ``(A) students receiving a voluntary public and private parental choice scholarships under section 6301(b)(10); and ``(B) students not receiving a voluntary public and private parental choice scholarships under such section. ``(c) Evaluation Funds.--Pursuant to the authority provided under section 14701, the Secretary shall reserve not more than 0.50 percent of the amount of funds made available under section 6002 to carry out this section. To determine the amount necessary for evaluation purposes, the Secretary shall consider the prospective scale and scope of the evaluation, including the number of local educational agencies conducting voluntary public and private choice programs. ``SEC. 6405. APPLICABILITY. ``(a) Not School Aid.--Subject to subsection (b), funds used under this title to establish a voluntary public and private parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. ``(b) No Federal Control.--The Secretary is not permitted to exercise any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a voluntary public and private choice program established under 6309(b)(10).''. TITLE II--EDUCATION TAX CREDIT SEC. 201. SHORT TITLE. This title may be cited as the ``Children's Education Tax Credit Act''. SEC. 202. CREDIT FOR EDUCATION EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. EDUCATION EXPENSES. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified education expenses paid by the taxpayer during the taxable year for the education of any individual with respect to whom the taxpayer is allowed a deduction under section 151(c). ``(b) Limitation.--The amount allowed as a credit under subsection (a) for any taxable year with respect to the qualified education expenses of any 1 individual shall not exceed $1,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at an eligible zone educational institution, and ``(ii) fees, tutoring, books, supplies, computer equipment (including related software and services) and other equipment required for courses of instruction at an eligible zone educational institution. ``(B) Meals and lodging expenses not included.-- Such term does not include any amount paid, directly or indirectly, for meals, lodging, or similar personal, living, or family expenses. In the event an amount paid for tuition or fees includes an amount for meals, lodging, or similar expenses which is not separately stated, the portion of such amount which is attributable to meals, lodging, or similar expenses shall be determined under regulations prescribed by the Secretary. ``(C) Special rule for home schooling.--In the case of education furnished in the home (as a substitute for public education) which meets the requirements of State law relating to compulsory school attendance, the term `qualified education expenses' means amounts paid for tutoring, books, supplies, computer equipment (including related software and services), and other equipment used in furnishing such education. ``(2) Eligible zone educational institution.-- ``(A) In general.--The term `eligible zone educational institution' means any school described in subparagraph (B) which is located in an area designated as an empowerment zone or an enterprise community under section 1391. ``(B) Schools described.--A school described in this subparagraph is any of the following: ``(i) A secondary school. ``(ii) An elementary school. ``(iii) Any private, parochial, religious, or home school organized for the purpose of providing elementary or secondary education, or both. ``(3) Elementary and secondary schools.--The terms `elementary school' and `secondary school' have the respective meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965. ``(d) Adjustment for certain scholarships.--The amounts otherwise taken into account under subsection (a) as qualified education expenses of any individual during any period shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as a qualified scholarship which under section 117 is not includable in gross income. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section.'' (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or'' after ``1978,'' and by inserting before the period ``, or enacted by the Children's Education Tax Credit Act''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 35. Education expenses. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

(Sec. 105) Includes such parental choice programs among State and local uses of title VI funds. Requires such parental choice programs to be located in an empowerment zone or enterprise community. (Sec. 106) Directs the Comptroller General to make contracts for annual evaluation of each parental choice program. Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program. Title II: Education Tax Credit - Children's Education Tax Credit Act - Amends the Internal Revenue Code to establish a tax credit (of up to $1,000) for the qualified educational expenses (tuition, attendance fees, books, supplies, equipment, but excluding meals and lodging) paid by a taxpayer for the education at an eligible zone educational institution of each individual with respect to whom the taxpayer is allowed a deduction as a dependent. (Sec. 202) Provides for: (1) the inclusion of certain home schooling expenses; and (2) adjustments for certain scholarships. Defines "eligible zone educational institution" as a secondary school, an elementary school, or any private, parochial, religious, or home school that: (1) provides elementary or secondary education; and (2) is located in an empowerment zone or enterprise community.

Educational Opportunities Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Delaware Water Gap National Recreation Area Natural Gas Pipeline Enlargement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Corporation.--The term ``Corporation'' means the Columbia Gas Transmission Corporation. (2) Pipeline.--The term ``pipeline'' means that portion of the pipeline of the Corporation numbered 1278 that is-- (A) located in the Recreation Area; and (B) situated on 2 tracts designated by the Corporation as ROW No. 16405 and No. 16413. (3) Recreation area.--The term ``Recreation Area'' means the Delaware Water Gap National Recreation Area in the Commonwealth of Pennsylvania. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Superintendent.--The term ``Superintendent'' means the Superintendent of the Recreation Area. SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS PIPELINE. (a) In General.--The Secretary may enter into an agreement with the Corporation to grant to the Corporation, an easement to enlarge the diameter of the pipeline from 14 inches to not more than 20 inches. (b) Terms and Conditions.--The easement authorized under subsection (a) shall-- (1) be consistent with-- (A) the recreational values of the Recreation Area; and (B) protection of the resources of the Recreation Area; (2) include provisions for the protection of resources in the Recreation Area that ensure that only the minimum and necessary amount of disturbance, as determined by the Secretary, shall occur during the construction or maintenance of the enlarged pipeline; (3) be consistent with the laws (including regulations) and policies applicable to units of the National Park System; and (4) be subject to any other terms and conditions that the Secretary determines to be necessary. (c) Permits.-- (1) In general.--The Superintendent may issue a permit to the Corporation for the use of the Recreation Area in accordance with subsection (b) for the temporary construction and staging areas required for the construction of the enlarged pipeline. (2) Prior to issuance.--The easement authorized under subsection (a) and the permit authorized under paragraph (1) shall require that before the Superintendent issues a permit for any clearing or construction, the Corporation shall-- (A) consult with the Superintendent; (B) identify natural and cultural resources of the Recreation Area that may be damaged or lost because of the clearing or construction; and (C) submit to the Superintendent for approval a restoration and mitigation plan that-- (i) describes how the land subject to the easement will be maintained; and (ii) includes a schedule for, and description of, the specific activities to be carried out by the Corporation to mitigate the damages or losses to, or restore, the natural and cultural resources of the Recreation Area identified under subparagraph (B). (d) Pipeline Replacement Requirements.--The enlargement of the pipeline authorized under subsection (a) shall be considered to meet the pipeline replacement requirements required by the Research and Special Programs Administration of the Department of Transportation (CPF No. 1-2002-1004-H). (e) FERC Consultation.--The Corporation shall comply with all other requirements for certification by the Federal Energy Regulatory Commission that are necessary to permit the increase in pipeline size. (f) Limitation.--The Secretary shall not grant any additional increases in the diameter of, or easements for, the pipeline within the boundary of the Recreation Area after the date of enactment of this Act. (g) Effect on Right-of-Way Easement.--Nothing in this Act increases the 50-foot right-of-way easement for the pipeline. (h) Penalties.--On request of the Secretary, the Attorney General may bring a civil action against the Corporation in United States district court to recover damages and response costs under Public Law 101-337 (16 U.S.C. 19jj et seq.) or any other applicable law if-- (1) the Corporation-- (A) violates a provision of-- (i) an easement authorized under subsection (a); or (ii) a permit issued under subsection (c); or (B) fails to submit or timely implement a restoration and mitigation plan approved under subsection (c)(3); and (2) the violation or failure destroys, results in the loss of, or injures any park system resource (as defined in section 1 of Public Law 101-337 (16 U.S.C. 19jj)).

Delaware Water Gap National Recreation Area Natural Gas Pipeline Enlargement Act - Authorizes the Secretary of the Interior to grant an easement to the Columbia Gas Transmission Corporation to enlarge the diameter of a specified natural gas pipeline from 14 inches to not more than 20 inches, consistent with the recreational values and protection of the resources of the Delaware Water Gap National Recreation Area in Pennsylvania. Authorizes the Superintendent of the Recreation Area to issue a permit to the Corporation for the use of the Recreation Area in accordance with specified procedural requirements for the temporary construction and staging areas required for the construction of the enlarged pipeline. Requires the Corporation to comply with Federal Energy Regulatory Commission certification requirements for the increase in pipeline size. Prohibits the Secretary from granting additional increases in the diameter of, or easements for, the pipeline within the boundary of the Recreation Area after the date of enactment of this Act. Authorizes the Attorney General, at the Secretary's request, to bring against the Corporation a civil action for damages and response costs if the Corporation violates easement or permit provisions, fails to submit or timely implement an approved restoration and mitigation plan, or the violation or failure destroys, results in the loss of, or injures park system resources.

To authorize the Secretary of the Interior to allow the Columbia Gas Transmission Corporation to increase the diameter of a natural gas pipeline located in the Delaware Water Gap National Recreation Area.

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Healthy America Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The United States faces a continuing challenge in improving the quality of the Nation's diet as the economic costs of poor nutrition, which contributes to coronary heart disease, cancer, stroke, and diabetes, 4 of the 10 leading causes of death, are significant. (2) Consumption of a healthy diet including nutritionally rich fruit and vegetables is essential for normal growth and development, and critical to promoting health and preventing an array of chronic diseases, as an estimated \1/3\ of cancer deaths could be prevented by healthy diets. (3) Most children and adults do not meet the recommended guidelines of 5 servings a day of fruit and vegetables, with only 15 percent of elementary students consuming the recommended requirement, and \1/4\ of adults. (4) Among needy students, school nutrition programs often provide the primary opportunity for consumption of nutritionally valuable foods. (5) Breakfast is a critical meal for children and provides the nutrition necessary to optimize their learning capacities. (6) The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), designed to safeguard the health of needy women, infants, and children has changed little in nearly 3 decades and does not reflect many current nutritional practices. To enhance the nutritional benefits for this at-risk population, fruits and vegetables should be available under the WIC program. (b) Purposes.--The purposes of this Act are: (1) To promote improved nutrition for needy Americans, including women, infants, children, and students, by revising and enhancing Federal nutrition programs to incorporate a greater role for fruits, vegetables, and 100 percent juice products. (2) To extend, expand, and enhance Federal nutrition policies that recognize and directly encourage consumption of fruits, vegetables, and juices as critical to promoting health and preventing an array of chronic diseases. (3) To develop nutrition policies that increase awareness and understanding of the benefits provided by fruits and vegetables with respect to disease prevention and health promotion, as fruit and vegetable consumption is an important component of a balanced diet. (4) To elevate the Federal government's investment in nutrition program priorities to better address the significant role fruit and vegetables play in health promotion and disease prevention for the neediest Americans. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``fruit and vegetables'' means fruits and vegetables that meet the guidelines developed by the National Cancer Institute and Produce for Better Health Foundation for the 5 A Day for Better Health program; and nuts (2) the term ``juice'' means 100 percent juice or juice concentrate, without added fat or sugar. SEC. 4. SCHOOL BREAKFAST PROGRAM. (a) Availability of Fruits and Juices.--Section 4(e) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)) is amended by adding at the end of paragraph (1)(A) the following: ``The Secretary shall require that schools participating in the school breakfast program under this section shall make available fruits and 100 percent juices, regardless of menu planning options.''. (b) Commodities Purchase Program for Breakfasts.-- (1) In general.--Section 6(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(c)) is amended-- (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph: ``(2) The value of donated foods, or cash payments made in lieu thereof, shall be 5 cents for the school breakfast program.''. (2) Conforming amendment.--Section 6(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(b)) is amended by ``and school breakfast program'' after ``school lunch program''. SEC. 5. EXPANSION OF FRUIT AND VEGETABLE PILOT PROGRAM. Section 18(g) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)) is amended to read as follows-- ``(g) Fruit and Vegetable Pilot Program.-- ``(1) In general.--In the school year beginning July 2004, and in each of the 5 school years thereafter, the Secretary shall carry out a pilot program in-- ``(A) 25 elementary or secondary schools in each of the 50 States, and in elementary or secondary schools on 10 Indian reservations, to make available to students free fresh and dried fruits and fresh vegetables during the school day in 1 or more areas designated by the school; and ``(B) 25 service institutions in each of the 50 States participating in the summer food service program for children established under section 13, to make available to children free fresh and dried fruits and fresh vegetables during the day of operation in 1 or more areas designated by the service institution. ``(2) Publicity.--A school or service institution that participates in the pilot program shall widely publicize within the school or service institution the availability of free fruits and vegetables under the pilot program. ``(3) Administrative costs.--A participating school or service institution may use for administrative expenses-- ``(A) during the first year of participation in the pilot program, not more than 20 percent of the funds made available to the school or service institution for the year; and ``(B) during each subsequent year of participation in the pilot program, not more than 10 percent of the funds made available to the school or service institution for the year. ``(4) Report.--Not later than May 1, 2007, the Secretary, acting through the Administrator of the Economic Research Service, shall report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the results of the pilot program. ``(5) Funding.--The Secretary shall use not more than $75,000,000 of funds made available under section 32 of the Act of August 24, 1935 (7 18 U.S.C. 612c), to carry out this subsection (other than paragraph (4)).''. SEC. 6. HEALTHY FOODS FOR HEALTHY KIDS INITIATIVE GRANT PROGRAM. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following new subsection: ``(h) Healthy Foods for Healthy Kids Initiative Grant Program.-- ``(1) In general.--In the school year beginning July 2004, each of the 5 school years thereafter, the Secretary, in conjunction with the National 5 A Day for Better Health program, shall carry out a Healthy Foods for Healthy Kids program to provide grants to school districts for innovative projects to increase the availability and consumption of fruits and vegetables. ``(2) Criteria for grant projects.--In selecting projects to receive grants under this subsection, the Secretary shall consider projects which-- ``(A) provide the necessary infrastructure, such as procurement, delivery, and storage efforts to enhance offerings of fruits and vegetables; ``(B) initiate or offer salad bars, prepackaged salads, and fruit cups, innovative vending options, refrigerated vending, and other creative preparation and presentation methods; ``(C) provide relevant training for school food service personnel carrying out these efforts; and ``(D) enhance education and promotion of fruit and vegetable intake; ``(E) establish school garden projects to provide an interactive, hands-on learning environment to teach fundamental nutrition concepts, foster a better understanding of where food comes from, and create opportunities for children to make healthier food choices. ``(3) Evaluation and report.--The Secretary shall conduct an evaluation of the results of the program and shall transmit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate not later than May 1, 2007. ``(4) Authorization of appropriations.--There are authorized to be appropriated for carrying out this subsection $20,000,000 for each of fiscal years 2004 through 2009.''. SEC. 7. FRUITS AND VEGETABLES IN SUMMER FOOD SERVICE PROGRAM. Section 13(f)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) is amended by adding at the end the following: ``States shall, with assistance that the Secretary is authorized to provide, ensure that meals include fruit, vegetables, and 100 percent juices.'' SEC. 8. IMPROVEMENTS AND MODERNIZATION OF REQUIREMENTS UNDER THE WOMEN, INFANTS, AND CHILDREN PROGRAM. The Secretary shall revise the regulations relating to the Special Supplemental Nutrition Program for Women, Infants, and Children (established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786)) to-- (1) update and improve the nutritional standards of food under the program; (2) require that the food package requirements, target nutrients, and nutrient needs of participants be re-evaluated and revised at least every 10 years to reflect current nutrition science; (3) permit program participants access to fresh fruits and vegetables; (4) permit the purchase of juices other than from concentrate and revise packaging requirements under the program to permit the purchase of products in modern packaging, including plastic and carton containers; (5) permit the purchase of generic branded fruits and vegetable products under the program; and (6) include in nutrition education efforts a greater focus on promoting the consumption of fruits and vegetables. SEC. 9. DEPARTMENT OF DEFENSE PURCHASE AND DISTRIBUTION OF FRESH FRUITS AND VEGETABLES. Section 10603 of the Farm and Rural Investment Act of 2002 (7 U.S.C. 612c-4) is amended by striking ``$50,000,000'' and inserting ``$100,000,000''. SEC. 10. FRUIT AND VEGETABLE RESEARCH AGENDA. (a) In General.--The Secretary of Agriculture shall develop a fruit and vegetable research agenda that coordinates research between the Economic Research Service, the Food and Nutrition Service, the Agricultural Research Service and other agencies of the Department of Agriculture. (b) Coordination and Goals.--The agenda should include research on how best to promote fruit and vegetable intake to children and should be developed in coordination with the produce industry, nutrition and health organizations, school food service professionals, and other stakeholders. Research goals shall include-- (1) the impact of increased fruit and vegetable consumption toward preventing chronic diseases, including reducing obesity, diabetes, diverticulosis, cataracts, cancer, heart disease, stroke, and hypertension, and the overall benefits of whole food consumption including documentation of certain phytonutrients found in fresh produce that may help prevent such chronic diseases; (2) the development of more effective behavior-based dietary interventions and health promotion programs to increase consumption of fruits and vegetables based on Federal dietary guidelines, including environmental influences, strategies for overcoming barriers to behavior change, and food preference development for children and adolescents; and (3) identifying the influences on food choices and options for providing an optimal environment for making informed healthy food choices in a free-market economy, including evaluation of different methods for communicating health information. SEC. 11. NATIONAL 5 A DAY COORDINATOR. The Secretary shall appoint a national 5 A Day for Better Health program coordinator and 7 regional 5 A Day coordinators for each of the 7 Food and Nutrition Service regional offices to coordinate and expand the Secretary's efforts to promote the consumption of fruit and vegetables. SEC. 12. REPORT ON COMMODITY PURCHASING PROGRAM. Not later than 6 months after the date of enactment of this Act, the Secretary of Agriculture shall transmit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate which shall include-- (1) an assessment of current commodity purchasing practices and how purchasing decisions are made; and (2) recommendations for a plan of action to align such purchases with the Dietary Guidelines for Americans issued by the Secretary and by the Secretary of Health and Human Services. SEC. 13. STATE AND LOCAL PARTNERSHIPS. It is the sense of Congress that the Secretary of Agriculture should establish partnerships with State departments of agriculture, State health departments, State departments of education, and other State and local organizations to improve access to and efficient distribution of fresh fruits and vegetables to schools and nutrition programs.

Healthy America Act - Amends the Child Nutrition Act of 1966 to direct the Secretary of Agriculture to require schools participating in the school breakfast program to make available fruits and juices.Amends the Richard B. Russell National School Lunch Act (the Act) to direct the Secretary to expand the fruit and vegetable school pilot program.Amends the Act to direct the Secretary, in conjunction with the National 5 a Day for Better Health program, to carry out a Healthy Foods for Healthy Kids program to provide grants to school districts for innovative projects to increase the availability and consumption of fruits and vegetables.Amends the Act to require States to ensure that meals in the summer food service program include fruits, vegetables, and juices.Directs the Secretary to revise in specified ways the regulations relating to the Special Supplemental Nutrition Program for Women, Infants, and Children.Amends the Farm and Rural Investment Act of 2002 to increase the minimum amount to be spent on the purchase of fresh fruits and vegetables for distribution to schools and service institutions.Directs the Secretary to develop a fruit and vegetable research agenda that coordinates research between agencies of the Department of Agriculture.Directs the Secretary to appoint a national 5 A Day for Better Health program coordinator and seven regional coordinators to promote the consumption of fruit and vegetables.Expresses the sense of Congress that the Secretary should establish partnerships with State and local organizations to improve access to and efficient distribution of fresh fruits and vegetables to schools and nutrition programs.

To promote improved nutrition for needy Americans, including women, infants, children, and students, by revising and enhancing Federal nutrition programs to incorporate a greater role for fruits, vegetables, and 100 percent juice products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Beneficiaries Protection Act''. SEC. 2. AUTHORITY TO REISSUE BENEFITS MISUSED BY ORGANIZATIONAL REPRESENTATIVE PAYEES. (a) OASDI Amendment.--Section 205(j)(5) of the Social Security Act (42 U.S.C. 405(j)(5)) is amended by inserting after the first sentence the following new sentence: ``In any case in which a representative payee that is an organization (regardless of whether it is a `qualified organization' within the meaning of paragraph (4)(B)) misuses all or part of an individual's benefit paid to such representative payee, the Commissioner of Social Security shall certify for payment to the beneficiary or the beneficiary's alternative representative payee an amount equal to the amount of such benefit so misused. The provisions of this paragraph are subject to the limitations of paragraph (6)(B).''. (b) SSI Amendment.--Section 1631(a)(2)(E) of such Act (42 U.S.C. 1383(a)(2)(E)) is amended by inserting after the first sentence the following new sentence: ``In any case in which a representative payee that is an organization (regardless of whether it is a `qualified organization' within the meaning of paragraph (4)(B)) misuses all or part of an individual's benefit paid to such representative payee, the Commissioner of Social Security shall make payment to the beneficiary or the beneficiary's alternative representative payee of an amount equal to the amount of such benefit so misused. The provisions of this subparagraph are subject to the limitations of subparagraph (F)(ii).''. (c) Effective Date.--The amendments made by this section shall apply to any case of benefit misuse by a representative payee with respect to which the Commissioner of Social Security makes a determination of misuse after the date of enactment of this Act. SEC. 3. BONDING AND LICENSING REQUIREMENTS APPLICABLE TO NONGOVERNMENTAL ORGANIZATIONAL REPRESENTATIVE PAYEES. (a) OASDI Amendment.--Section 205(j)(4)(B) of the Social Security Act (42 U.S.C. 405(j)(4)(B)) is amended by striking ``is bonded or licensed in each State in which it serves as a representative payee'' and inserting ``provides a bond that meets the requirements specified by the Commissioner of Social Security and is licensed in each State in which it serves as a representative payee (if licensing is available in such State)''. (b) SSI Amendment.--Section 1631(a)(2)(D)(ii)(I) of such Act (42 U.S.C. 1383(a)(2)(D)(ii)(I)) is amended to read as follows: ``(I) provides a bond that meets the requirements specified by the Commissioner of Social Security and is licensed in each State in which it serves as a representative payee (if licensing is available in such State); and''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the thirteenth month beginning after the date of enactment of this Act. SEC. 4. FEE FORFEITURE IN CASE OF BENEFIT MISUSE BY QUALIFIED ORGANIZATIONAL REPRESENTATIVE PAYEES. (a) OASDI Amendment.--Section 205(j)(4)(A) of the Social Security Act (42 U.S.C. 405(j)(4)(A)) is amended-- (1) in clause (i), by striking ``A qualified organization'' and inserting ``Except as provided in clause (iii), a qualified organization''; and (2) by adding at the end the following new clause: ``(iii) A qualified organization may not collect a fee from an individual for any month with respect to which the Commissioner of Social Security or a court of competent jurisdiction has determined that the organization has misused all or part of the individual's benefit, and any amount collected by the qualified organization for such month shall be treated as a misused part of the individual's benefit for purposes of paragraphs (5) and (6).''. (b) SSI Amendment.--Section 1631(a)(2)(D) of such Act (42 U.S.C. 1383(a)(2)(D)) is amended-- (1) in clause (i), by striking ``A qualified organization'' and inserting ``Except as provided in clause (v), a qualified organization''; and (2) by adding at the end the following new clause: ``(v) A qualified organization may not collect a fee from an individual for any month with respect to which the Commissioner of Social Security or a court of competent jurisdiction has determined that the organization has misused all or part of the individual's benefit, and any amount collected by the qualified organization for such month shall be treated as a misused part of the individual's benefit for purposes of subparagraphs (E) and (F).''. (c) Effective Date.--The amendments made by this section shall apply to any month involving benefit misuse by a representative payee in any case with respect to which the Commissioner of Social Security makes a determination of misuse after the date of enactment of this Act. SEC. 5. LIABILITY OF NONGOVERNMENTAL REPRESENTATIVE PAYEES FOR MISUSED BENEFITS. (a) OASDI Amendment.--Section 205(j) of the Social Security Act (42 U.S.C. 405(j)) is amended by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively, and inserting after paragraph (5) the following new paragraph: ``(6)(A) If the Commissioner of Social Security or a court of competent jurisdiction determines that a representative payee that is not a State or local government agency has misused all or part of an individual's benefit that was paid to such representative payee under this subsection, the representative payee shall be liable for the amount misused, and such amount (to the extent not repaid by the representative payee) shall be treated as an overpayment of benefits under this title to the representative payee for all purposes of this Act and related laws pertaining to the recovery of such overpayments. Subject to subparagraph (B), upon recovering all or any part of such amount, the Commissioner shall certify an amount equal to the recovered amount to such individual or the individual's alternative representative payee. ``(B) The total of the amount certified to such individual or the individual's alternative representative payee under subparagraph (A) and the amount certified under paragraph (5) shall not exceed the total benefit amount misused by the representative payee with respect to such individual.''. (b) SSI Amendment.--Section 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is amended by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively, and inserting after subparagraph (E) the following new subparagraph: ``(F)(i) If the Commissioner of Social Security or a court of competent jurisdiction determines that a representative payee that is not a State or local government agency has misused all or part of an individual's benefit that was paid to such representative payee under this paragraph, the representative payee shall be liable for the amount misused, and such amount (to the extent not repaid by the representative payee) shall be treated as an overpayment of benefits under this title to the representative payee for all purposes of this Act and related laws pertaining to the recovery of such overpayments. Upon recovering all or any part of such amount, the Commissioner shall make payment of an amount equal to the recovered amount to such individual or the individual's alternative representative payee. ``(ii) The total of the amount paid to such individual or the individual's alternative representative payee under clause (i) and the amount paid under subparagraph (E) shall not exceed the total benefit amount misused by the representative payee with respect to such individual.''. (c) Effective Date.--The amendments made by this section shall apply to benefit misuse by a representative payee in any case with respect to which the Commissioner of Social Security makes a determination of misuse after the date of enactment of this Act. SEC. 6. EXTENSION OF THE CIVIL MONETARY PENALTY AUTHORITY. (a) In General.--Section 1129(a) of the Social Security Act (42 U.S.C. 1320a-8(a)) is amended-- (1) by striking ``(A)'' and ``(B)'' and inserting ``(i)'' and ``(ii)'', respectively; (2) by striking ``(a)(1)'' and inserting `` (a)(1)(A)''; (3) by striking ``(2)'' and inserting ``(B)''; and (4) by adding at the end the following new paragraph: ``(2) Any person (including an organization, agency, or other entity (other than a State or local government agency)) who having received, while acting in the capacity as representative payee pursuant to section 205(j) or section 1631(a)(2), a payment under title II or title XVI for the use and benefit of another individual, converts such payment, or any part thereof, to a use that such person knows or should know is other than for the use and benefit of such other individual, shall be subject to, in addition to any other penalties that may be prescribed by law, a civil money penalty of not more than $5,000 for each such violation.''. (b) Conforming Amendments.-- (1) Section 1129(b)(3)(A) of such Act (42 U.S.C. 1320a- 8(b)(3)(A)) is amended by striking ``charging fraud or false statements''. (2) Section 1129(c)(1) of such Act (42 U.S.C. 1320a- 8(c)(1)) is amended by striking ``and representations'' and inserting ``, representations, or actions''. (3) Section 1129(e)(1)(A) of such Act (42 U.S.C. 1320a- 8(e)(1)(A)) is amended by striking ``statement or representation referred to in subsection (a) was made'' and inserting ``violation occurred''. (c) Effective Date.--The amendments made by this section shall be effective with respect to violations committed after the date of enactment of this Act.

Amends SSA title XI part A (General Provisions) to extend civil monetary penalty authority for SSA titles II and XVI with respect to representative payees who misuse and convert a payment under such titles to unauthorized uses.

Social Security Beneficiaries Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Capital Gains Enhancement Act of 1997''. SEC. 2. MODIFICATIONS TO EXCLUSION OF GAIN ON CERTAIN SMALL BUSINESS STOCK. (a) Increased Exclusion.-- (1) In general.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (relating to 50-percent exclusion for gain from certain small business stock) is amended-- (A) by striking ``50 percent'' and inserting ``75 percent'', and (B) by striking ``50-Percent'' in the heading and inserting ``75-Percent''. (2) Conforming amendments.-- (A) The heading for section 1202 of such Code is amended by striking ``50-percent'' and inserting ``75- percent''. (B) The table of sections for part I of subchapter P of chapter 1 of such Code is amended by striking ``50-percent'' in the item relating to section 1202 and inserting ``75-percent''. (b) Exclusion Available to Corporations.-- (1) In general.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by striking ``other than a corporation''. (2) Technical amendment.--Subsection (c) of section 1202 of such Code is amended by adding at the end the following new paragraph: ``(4) Stock held among members of controlled group not eligible.--Stock shall not be treated as qualified small business stock if such stock was at any time held by any member of the parent-subsidiary controlled group (as defined in subsection (d)(3)) which includes the qualified small business.'' (c) Repeal of Minimum Tax Preference.-- (1) In general.--Section 57(a) of the Internal Revenue Code of 1986 (relating to items of tax preference) is amended by striking paragraph (7). (2) Technical amendment.--Section 53(d)(1)(B)(ii)(II) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (d) Stock of Larger Businesses Eligible for Exclusion.-- (1) Section 1202(d)(1) of the Internal Revenue Code of 1986 (relating to qualified small business) is amended by striking ``$50,000,000'' each place it appears and inserting ``$100,000,000''. (2) Section 1202(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Inflation adjustment of asset limitation.--In the case of stock issued in any calendar year after 1997, the $100,000,000 amount contained in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1996' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $1,000,000, such amount shall be rounded to the next lower multiple of $1,000,000.'' (e) Per-Issuer Limitation.--Section 1202(b)(1)(A) of the Internal Revenue Code of 1986 (relating to per-issuer limitation on taxpayer's gain) is amended by striking ``$10,000,000'' and inserting ``$20,000,000''. (f) Other Modifications.-- (1) Working capital limitation.--Section 1202(e)(6) of the Internal Revenue Code of 1986 (relating to working capital) is amended by striking ``2 years'' each place it appears and inserting ``5 years''. (2) Redemption rules.--Section 1203(c)(3) of such Code (relating to certain purchases by corporation of its own stock) is amended by adding at the end the following new subparagraph: ``(D) Waiver where business purpose.--A purchase of stock by the issuing corporation shall be disregarded for purposes of subparagraph (B) if the issuing corporation establishes that there was a business purpose for such purchase and one of the principal purposes of the purchase was not to avoid the limitation of this section.'' (g) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to stock issued after the date of the enactment of this Act. (2) Special rule.--The amendments made by subsections (c), (e), and (f) shall apply to stock issued after August 10, 1993. SEC. 3. ROLLOVER OF CAPITAL GAINS ON CERTAIN SMALL BUSINESS INVESTMENTS. (a) In General.--Part III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to common nontaxable exchanges) is amended by adding at the end the following new section: ``SEC. 1045. ROLLOVER OF GAIN ON SMALL BUSINESS INVESTMENTS. ``(a) Nonrecognition of Gain.--In the case of the sale of any eligible small business investment with respect to which the taxpayer elects the application of this section, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds-- ``(1) the cost of any other eligible small business investment purchased by the taxpayer during the 6-month period beginning on the date of such sale, reduced by ``(2) any portion of such cost previously taken into account under this section. This section shall not apply to any gain which is treated as ordinary income for purposes of this subtitle. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Purchase.--The term `purchase' has the meaning given such term by section 1043(b)(4). ``(2) Eligible small business investment.--Except as otherwise provided in this section, the term `eligible small business investment' means any stock in a domestic corporation, and any partnership interest in a domestic partnership, which is originally issued after December 31, 1996, if-- ``(A) as of the date of issuance, such corporation or partnership is a qualified small business entity, ``(B) such stock or partnership interest is acquired by the taxpayer at its original issue (directly or through an underwriter)-- ``(i) in exchange for money or other property (not including stock), or ``(ii) as compensation for services (other than services performed as an underwriter of such stock or partnership interest), and ``(C) the taxpayer has held such stock or interest at least 6 months as of the time of the sale described in subsection (a). A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this section. ``(3) Active business requirement.--Stock in a corporation, and a partnership interest in a partnership, shall not be treated as an eligible small business investment unless, during substantially all of the taxpayer's holding period for such stock or partnership interest, such corporation or partnership meets the active business requirements of subsection (c). A rule similar to the rule of section 1202(c)(2)(B) shall apply for purposes of this section. ``(4) Qualified small business entity.-- ``(A) In general.--The term `qualified small business entity' means any domestic corporation or partnership if-- ``(i) such entity (and any predecessor thereof) had aggregate gross assets (as defined in section 1202(d)(2)) of less than $25,000,000 at all times before the issuance of the interest described in paragraph (2), and ``(ii) the aggregate gross assets (as so defined) of the entity immediately after the issuance (determined by taking into account amounts received in the issuance) are less than $25,000,000. ``(B) Aggregation rules.--Rules similar to the rules of section 1202(d)(3) shall apply for purposes of this paragraph. ``(c) Active Business Requirement.-- ``(1) In general.--For purposes of subsection (b)(3), the requirements of this subsection are met by a qualified small business entity for any period if-- ``(A) the entity is engaged in the active conduct of a trade or business, and ``(B) at least 80 percent (by value) of the assets of such entity are used in the active conduct of a qualified trade or business (within the meaning of section 1202(e)(3)). Such requirements shall not be treated as met for any period if during such period the entity is described in subparagraph (A), (B), (C), or (D) of section 1202(e)(4). ``(2) Special rule for certain activities.--For purposes of paragraph (1), if, in connection with any future trade or business, an entity is engaged in-- ``(A) startup activities described in section 195(c)(1)(A), ``(B) activities resulting in the payment or incurring of expenditures which may be treated as research and experimental expenditures under section 174, or ``(C) activities with respect to in-house research expenses described in section 41(b)(4), such entity shall be treated with respect to such activities as engaged in (and assets used in such activities shall be treated as used in) the active conduct of a trade or business. Any determination under this paragraph shall be made without regard to whether the entity has any gross income from such activities at the time of the determination. ``(3) Certain rules to apply.--Rules similar to the rules of paragraphs (5), (6), (7), and (8) of section 1202(e) shall apply for purposes of this subsection. ``(d) Certain Other Rules To Apply.--Rules similar to the rules of subsections (f), (g), (h), and (j) of section 1202 shall apply for purposes of this section, except that a 6-month holding period shall be substituted for a 5-year holding period where applicable. ``(e) Basis Adjustments.--If gain from any sale is not recognized by reason of subsection (a), such gain shall be applied to reduce (in the order acquired) the basis for determining gain or loss of any eligible small business investment which is purchased by the taxpayer during the 6-month period described in subsection (a). ``(f) Statute of Limitations.--If any gain is realized by the taxpayer on the sale or exchange of any eligible small business investment and there is in effect an election under subsection (a) with respect to such gain, then-- ``(1) the statutory period for the assessment of any deficiency with respect to such gain shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) of-- ``(A) the taxpayer's cost of purchasing other eligible small business investments which the taxpayer claims results in nonrecognition of any part of such gain, ``(B) the taxpayer's intention not to purchase other eligible small business investments within the 6- month period described in subsection (a), or ``(C) a failure to make such purchase within such 6-month period, and ``(2) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations to prevent the avoidance of the purposes of this section through splitups, shell corporations, partnerships, or otherwise and regulations to modify the application of section 1202 to the extent necessary to apply such section to a partnership rather than a corporation.'' (b) Conforming Amendment.--Paragraph (23) of section 1016(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``or 1044'' and inserting ``, 1044, or 1045'', and (2) by striking ``or 1044(d)'' and inserting ``, 1044(d), or 1045(e)''. (c) Clerical Amendment.--The table of sections for part III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 1045. Rollover of gain on small business investments.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 1996.

Small Business Capital Gains Enhancement Act of 1997 - Amends the Internal Revenue Code to increase from 50 percent to 75 percent the exclusion from gain for a taxpayer, including a corporation, resulting from the sale or exchange of qualified small business stock held for more than five years. States that stock held among members of a parent-subsidiary controlled group shall not be eligible for such treatment. Exempts such exclusion from alternative minimum tax provisions. Increases: (1) the qualified small business asset limit from $50 million to $100 million; and (2) the per-issuer limit from $10 million to $20 million. Increases the working capital asset holding period from two years to five years. Provides for the nontaxable rollover of gain from qualified small business stock to another small business stock.

Small Business Capital Gains Enhancement Act of 1997

SECTION 1. ESTABLISHMENT OF UNITS OF THE NATIONAL GUARD IN AMERICAN SAMOA. (a) Title 32 (National Guard) Amendments.-- (1) Inclusion of american samoa in definition of territory.--Section 101(1) of title 32, United States Code, is amended by striking ``includes Guam'' and inserting ``means American Samoa, Guam,''. (2) Branches and organizations.--Section 103 of such title is amended by striking ``Guam, and the Virgin Islands'' and inserting ``and each Territory''. (3) Units: location; organization; command.--Section 104 of such title is amended-- (A) in subsections (a) and (c), by striking ``Guam, and the Virgin Islands'' and inserting ``and each Territory''; and (B) in subsection (d), by striking ``Guam, or the Virgin Islands'' and inserting ``or a Territory''. (4) Availability of appropriations.--Section 107(b) of such title is amended by striking ``Guam, or the Virgin Islands'' and inserting ``or a Territory''. (5) Maintenance of other troops.--Section 109 of such title is amended by striking ``Guam, or the Virgin Islands'' and inserting ``or a Territory''. (6) Adjutants general.--Section 314 of such title is amended by striking ``Guam, and the Virgin Islands'' both places it appears and inserting ``and each Territory''. (7) Detail of regular members.--Section 315 of such title is amended by striking ``Guam, and the Virgin Islands'' each place it appears and inserting ``and each Territory''. (8) Termination of appointment.--Section 324(b) of such title is amended by striking ``or the District of Columbia, Guam, or the Virgin Islands'' and inserting ``, the District of Columbia, or the Territory''. (9) Relief from national guard duty when ordered to active duty.--Section 325(a) of such title is amended-- (A) by striking ``Guam, or the Virgin Islands'' the first two places it appears and inserting ``the Territory,''; and (B) by striking ``, Guam, or the Virgin Islands'' the third place it appears and inserting ``or Territory''. (10) Composition of courts-martial.--Section 326 of such title is amended by striking ``Guam, and the Virgin Islands'' and inserting ``or Territory''. (11) Convening authority of courts-martial.--Section 327(a) of such title is amended by striking ``Guam, and the Virgin Islands'' and inserting ``or Territory''. (12) Governor's authority.--Section 328(a) of such title is amended by striking ``, Guam, or the Virgin Islands'' and inserting ``or Territory''. (13) Training generally.--Section 501(b) of such title is amended by striking ``Guam, and the Virgin Islands'' and inserting ``and each Territory''. (14) Support of training operations and training missions.--Section 502(f)(2)(B)(i) of such title is amended by striking ``or possessions'' and inserting ``or Territory or possession''. (15) Participation in field exercises.--Section 503(b) of such title is amended by striking ``Guam, or the Virgin Islands'' and inserting ``or Territory''. (16) National guard schools and small arms competitions.-- Section 504(b) of such title is amended by striking ``territory'' and inserting ``Territory''. (17) Attendance at army and air force schools.--Section 505 of such title is amended in the first sentence by striking ``Guam, and the Virgin Islands'' and inserting ``or Territory''. (18) National guard youth challenge program.--Section 509(l)(1) of such title is amended by striking ``the territories'' and inserting ``each Territory''. (19) Issue of supplies.--Section 702(a) of such title is amended by striking ``Guam, and the Virgin Islands'' and inserting ``or Territory''. (20) Purchases of supplies from army or air force.--Section 703 of such title is amended by striking ``Guam, or the Virgin Islands'' both places it appears and inserting ``or Territory''. (21) Accountability.--Section 704 of such title is amended by striking ``Guam, or the Virgin Islands'' and inserting ``or Territory''. (22) Property and fiscal officers.--Section 708 of such title is amended by striking ``Guam, and the Virgin Islands'' both places it appears and inserting ``and Territory''. (23) Employment, use, and status of technicians.--Section 709(a)(3)(C) of such title is amended by striking ``or possessions'' and inserting ``, a Territory, or possession''. (24) Accountability for property issued to the national guard.--Section 710 of such title is amended by striking ``Guam, or the Virgin Islands'' each place it appears and inserting ``or a Territory''. (25) Disposition of obsolete or condemned property.-- Section 711 of such title is amended by striking ``Guam, and the Virgin Islands'' and inserting ``and Territory''. (26) Disposition of proceeds of condemned stores issued to national guard.--Section 712(1) of such title is amended by striking ``Guam, or the Virgin Islands,'' and inserting ``or a Territory''. (27) Settlements for property loss, personal injury, or death.--Section 715(c) of such title is amended by striking ``or Puerto Rico'' and inserting ``, the Commonwealth of Puerto Rico, or a Territory''. (b) Title 10 Amendments.-- (1) Militia duty exemptions.--Section 312(a)(2) of such title is amended by inserting ``American Samoa,'' before ``Guam''. (2) Detail of army national guard as students, observers, and investigators at educational institutions, industrial plants, and hospitals.--Section 4301(c) of such title is amended by inserting ``American Samoa,'' before ``Guam''. (3) Detail of air national guard as students, observers, and investigators at educational institutions, industrial plants, and hospitals.--Section 9301(c) of such title is amended by inserting ``American Samoa,'' before ``Guam''. (4) Definition of state for division e.--Section 10001 of such title is amended by inserting ``American Samoa,'' before ``and Guam''. (5) Detail for organizing, administering, etc., reserve components.--Section 12310(c)(7) of such title is amended by inserting ``American Samoa,'' before ``Guam''. (c) Title 37 Definitions.--Section 101 of title 10, United States Code, is amended-- (1) in paragraph (7), by inserting ``American Samoa,'' before ``Guam''; and (2) in paragraph (9), by inserting ``American Samoa,'' before ``Guam''.

Amends federal armed forces provisions, National Guard provisions, and military pay provisions to include American Samoa as a territory, thereby authorizing the establishment of National Guard units in American Samoa, as well as related authority with respect to National Guard personnel.

To amend titles 10, 32, and 37 of the United States Code to authorize the establishment of units of the National Guard in American Samoa.

SECTION 1. ALTERNATIVE CONDITIONS AND FISHWAYS. (a) Alternative Mandatory Conditions.--Section 4 of the Federal Power Act (16 U.S.C. 797) is amended by adding at the end the following: ``(h)(1) Whenever any person applies for a license for any project works within any reservation of the United States, and the Secretary of the department under whose supervision such reservation falls (referred to in this subsection as `the Secretary`) deems a condition to such license to be necessary under the first proviso of subsection (e), the license applicant may propose an alternative condition. The license applicant shall be entitled to a determination on the record after opportunity for an agency trial-type hearing of any disputed issues of material fact. ``(2) Notwithstanding the first proviso of subsection (e), the Secretary shall accept the proposed alternative condition referred to in paragraph (1), and the Commission shall include in the license such alternative condition, if the Secretary determines, based on substantial evidence provided by the license applicant that such alternative condition-- ``(A) provides for the adequate protection and utilization for the reservation; and ``(B) will either-- ``(i) cost less to implement, or ``(ii) result in improved operation of the project works for electricity production, as compared to the condition initially deemed necessary by the Secretary. ``(3) The Secretary shall submit into the public record of the Commission proceeding with any condition under subsection (e) or alternative condition it accepts under this subsection a written statement explaining the basis for such condition, and reason for not accepting any alternative condition under this subsection. The written statement must demonstrate that the Secretary gave equal consideration to the effects of the condition adopted and alternatives not accepted on energy supply, distribution, cost, and use, flood control, navigation, drinking, irrigation, and recreational water supply, and air quality, in addition to the preservation of other aspects of environmental quality, based on such information as may be available to the Secretary, including information voluntarily provided in a timely manner by the applicant and others. The Secretary shall also submit, together with the aforementioned written statement, all studies, data, and other factual information available to the Secretary and relevant to the Secretary's decision. ``(4) Nothing in this subsection shall prohibit other interested parties from proposing alternative conditions. ``(5) If the Secretary does not accept an applicant's alternative condition under this subsection, and the Commission finds that the Secretary's condition would be inconsistent with the purposes and requirements of this Part, or other applicable law, the Commission may refer the dispute to the Commission's Dispute Resolution Service. The Dispute Resolution Service shall consult with the Secretary and the Commission and issue a non-binding advisory within 90 days. The Secretary may accept the Dispute Resolution Service advisory unless the Secretary finds that the recommendation will not adequately protect the reservation. The Secretary shall submit the advisory and the Secretary's final written determination into the record of the Commission proceeding.''. (b) Alternative Fishways.--Section 18 of the Federal Power Act (16 U.S.C. 811) is amended as follows: (1) By inserting ``(a)'' before the first sentence. (2) By adding at the end the following: ``(b)(1) Whenever the Secretary of the Interior or the Secretary of Commerce prescribes a fishway under this section, the license applicant or the licensee may propose an alternative to such prescription to construct, maintain, oroperate a fishway. The license applicant shall be entitled to a determination on the record after opportunity for an agency trial-type hearing of any disputed issues of material fact. ``(2) Notwithstanding subsection (a), the Secretary of the Interior or the Secretary of Commerce, as appropriate, shall accept and prescribe, and the Commission shall require, the proposed alternative referred to in paragraph (1) if the Secretary of the appropriate department determines, based on substantial evidence provided by the licensee, that the alternative-- ``(A) will be no less protective of the fish resources than the fishway initially prescribed by the Secretary; and ``(B) will either-- ``(i) cost less to implement, or ``(ii) result in improved operation of the project works for electricity production, as compared to the fishway initially prescribed by the Secretary. ``(3) The Secretary concerned shall submit into the public record of the Commission proceeding with any prescription under subsection (a) or alternative prescription it accepts under this subsection a written statement explaining the basis for such prescription, and reason for not accepting any alternative prescription under this subsection. The written statement must demonstrate that the Secretary gave equal consideration to the effects of the prescription adopted or alternative not accepted on energy supply, distribution, cost, and use, flood control, navigation, drinking, irrigation, and recreational water supply, and air quality, in addition to the preservation of other aspects of environmental quality, based on such information as may be available to the Secretary, including information voluntarily provided in a timely manner by the applicant and others. The Secretary shall also submit, together with the aforementioned written statement, all studies, data, and other factual information available to the Secretary and relevant to the Secretary's decision. ``(4) Nothing in this subsection shall prohibit other interested parties from proposing alternative prescriptions. ``(5) If the Secretary does not accept an applicant's alternative prescription under this subsection, and the Commission finds that the Secretary's prescription would be inconsistent with the purposes and requirements of this Part, or other applicable law, the Commission may refer the dispute to the Commission's Dispute Resolution Service. The Dispute Resolution Service shall consult with the Secretary and the Commission and issue a non-binding advisory within 90 days. The Secretary may accept the Dispute Resolution Service advisory unless the Secretary finds that the recommendation will not adequately protect the fish resources. The Secretary shall submit the advisory and the Secretary's final written determination into the record of the Commission proceeding.''.

Amends the Federal Power Act to prescribe guidelines for hydroelectric licensing applicants to propose alternative conditions or alternative fishways for project works within a Federal reservation.

To amend the Federal Power Act to provide for alternative conditions and alternative fishways in hydroelectric dam licenses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lifesaving Vaccine Technology Act of 1999''. SEC. 2. CREDIT FOR MEDICAL RESEARCH RELATED TO DEVELOPING VACCINES AGAINST WIDESPREAD DISEASES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45D. CREDIT FOR MEDICAL RESEARCH RELATED TO DEVELOPING VACCINES AGAINST WIDESPREAD DISEASES. ``(a) General Rule.--For purposes of section 38, the vaccine research credit determined under this section for the taxable year is an amount equal to 30 percent of the qualified vaccine research expenses for the taxable year. ``(b) Qualified Vaccine Research Expenses.--For purposes of this section-- ``(1) Qualified vaccine research expenses.-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `qualified vaccine research expenses' means the amounts which are paid or incurred by the taxpayer during the taxable year which would be described in subsection (b) of section 41 if such subsection were applied with the modifications set forth in subparagraph (B). ``(B) Modifications.--For purposes of subparagraph (A), subsection (b) of section 41 shall be applied-- ``(i) by substituting `vaccine research' for `qualified research' each place it appears in paragraphs (2) and (3) of such subsection, and ``(ii) by substituting `75 percent' for `65 percent' in paragraph (3)(A) of such subsection. ``(C) Exclusion for amounts funded by grants, etc.--The term `qualified vaccine research expenses' shall not include any amount to the extent such amount is funded by any grant, contract, or otherwise by another person (or any governmental entity). ``(2) Vaccine research.--The term `vaccine research' means research to develop vaccines and microbicides for-- ``(A) malaria, ``(B) tuberculosis, ``(C) HIV, or ``(D) any infectious disease (of a single etiology) which, according to the World Health Organization, causes over 1,000,000 human deaths annually. ``(c) Coordination With Credit for Increasing Research Expenditures.-- ``(1) In general.--Except as provided in paragraph (2), any qualified vaccine research expenses for a taxable year to which an election under this section applies shall not be taken into account for purposes of determining the credit allowable under section 41 for such taxable year. ``(2) Expenses included in determining base period research expenses.--Any qualified vaccine research expenses for any taxable year which are qualified research expenses (within the meaning of section 41(b)) shall be taken into account in determining base period research expenses for purposes of applying section 41 to subsequent taxable years. ``(d) Special Rules.-- ``(1) Limitations on foreign testing.--No credit shall be allowed under this section with respect to any vaccine research (other than human clinical testing) conducted outside the United States. ``(2) Certain rules made applicable.--Rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section. ``(3) Election.--This section (other than subsection (e)) shall apply to any taxpayer for any taxable year only if such taxpayer elects to have this section apply for such taxable year. ``(e) Shareholder Equity Investment Credit in Lieu of Research Credit.-- ``(1) In general.--For purposes of section 38, the vaccine research credit determined under this section for the taxable year shall include an amount equal to 20 percent of the amount paid by the taxpayer to acquire qualified research stock in a corporation if-- ``(A) the amount received by the corporation for such stock is used within 18 months after the amount is received to pay qualified vaccine research expenses of the corporation for which a credit would (but for subparagraph (B) and subsection (d)(3)) be determined under this section, and ``(B) the corporation waives its right to the credit determined under this section for the qualified vaccine research expenses which are paid with such amount. ``(2) Qualified research stock.--For purposes of paragraph (1), the term `qualified research stock' means any stock in a C corporation-- ``(A) which is originally issued after the date of the enactment of the Lifesaving Vaccine Technology Act of 1999, ``(B) which is acquired by the taxpayer at its original issue (directly or through an underwriter) in exchange for money or other property (not including stock), and ``(C) as of the date of issuance, such corporation meets the gross assets tests of subparagraphs (A) and (B) of section 1202(d)(1).'' (b) Inclusion in General Business Credit.-- (1) In general.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(13) the vaccine research credit determined under section 45D.''. (2) Transition rule.--Section 39(d) of such Code is amended by adding at the end the following new paragraph: ``(9) No carryback of section 45d credit before enactment.--No portion of the unused business credit for any taxable year which is attributable to the vaccine research credit determined under section 45D may be carried back to a taxable year ending before the date of the enactment of section 45D.''. (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(d) Credit for Qualified Vaccine Research Expenses.-- ``(1) In general.--No deduction shall be allowed for that portion of the qualified vaccine research expenses (as defined in section 45D(b)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45D(a). ``(2) Certain rules to apply.--Rules similar to the rules of paragraphs (2), (3), and (4) of subsection (c) shall apply for purposes of this subsection.''. (d) Deduction for Unused Portion of Credit.--Section 196(c) of such Code (defining qualified business credits) is amended by striking ``and'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, and'', and by adding at the end the following new paragraph: ``(9) the vaccine research credit determined under section 45D(a) (other than such credit determined under the rules of section 280C(d)(2)).''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45D. Credit for medical research related to developing vaccines against widespread diseases.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (g) Distribution of Vaccines Developed Using Credit.--It is the sense of the Congress that if credit is allowed under section 45D of the Internal Revenue Code of 1986 to any corporation or shareholder of a corporation by reason of vaccine research expenses incurred by the corporation in the development of a vaccine, such corporation should certify to the Secretary of the Treasury that, within 1 year after that vaccine is first licensed, such corporation will establish a good faith plan utilizing technology transfer, differential pricing, in-country production, or other mechanisms to maximize international access to high quality and affordable vaccines. The preceding sentence shall not be construed to waive rights to set prices, patent ownership, or confidentiality of privileged information. (h) Study.--The Institute of Medicine shall conduct a study of the effectiveness of the credit under section 45D of the Internal Revenue Code of 1986 in stimulating vaccine research. Not later than the date which is 5 years after the date of the enactment of this Act, the Institute of Medicine shall submit to the Congress the results of such study together with any recommendations it may have to improve the effectiveness of such credit in stimulating vaccine research. SEC. 3. SENSE OF CONGRESS. (a) Acceleration of Introduction of Priority Vaccines.--It is the sense of Congress that the President and Federal agencies (including the Department of State, the Department of Health and Human Services, and the Department of the Treasury) should work together in vigorous support of the creation and funding of a multi-lateral, international effort, such as a vaccine purchase fund, to accelerate the introduction of vaccines to which the credit under section 45D of the Internal Revenue Code of 1986 applies and of other priority vaccines into the poorest countries in the world. (b) Flexible Pricing.--It is the sense of Congress that flexible or differential pricing for vaccines, providing lowered prices for the poorest countries, is one of several valid strategies to accelerate the introduction of vaccines in developing countries.

Lifesaving Vaccine Technology Act of 1999 - Amends the Internal Revenue Code to establish an income tax credit for 30 percent of the qualified expenses (excluding amounts funded by any grant, contract, or otherwise by another person or any governmental entity) for medical research related to developing vaccines against widespread diseases like malaria, tuberculosis, HIV, or any infectious disease (of a single etiology) which, according to the World Health Organization, causes over one million human deaths annually. States that any qualified vaccine research expenses for a taxable year to which an election under this Act applies shall not be taken into account for purposes of determining the credit allowable for increasing research expenditures. Denies such a credit with respect to any vaccine research (other than human clinical testing) conducted outside the United States. States that the vaccine research credit shall include an amount equal to 20 percent of the amount paid by the taxpayer to acquire qualified research stock in a corporation if the corporation waives its own right to the credit and meets other specified criteria. Declares that it is the sense of Congress that if the vaccine research credit is allowed to any corporation or shareholder of a corporation, the corporation should certify to the Secretary of the Treasury that, within one year after that vaccine is first licensed, the corporation will establish a good faith plan utilizing technology transfer, differential pricing, in-country production, or other mechanisms to maximize international access to high quality and affordable vaccines. Directs the Institute of Medicine to study and report to Congress on the effectiveness of the vaccine research credit in stimulating vaccine research. Expresses the sense of Congress that the President and Federal agencies (including the Departments of State, Health and Human Services, and the Treasury) should work together in vigorous support of the creation and funding of a multi-lateral, international effort, such as a vaccine purchase fund, to accelerate the introduction of vaccines to which the vaccine research credit applies and of other priority vaccines into the poorest countries in the world. Expresses the sense of Congress that flexible or differential pricing for vaccines, providing lowered prices for the poorest countries, is one of several valid strategies to accelerate the introduction of vaccines in developing countries.

Lifesaving Vaccine Technology Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``EPA Employment Impact Analysis Act''. SEC. 2. ANALYSIS OF EMPLOYMENT EFFECTS UNDER THE CLEAN AIR ACT. (a) Findings.--Congress finds that-- (1) the Environmental Protection Agency has systematically distorted the true impact of regulations promulgated by the Environmental Protection Agency under the Clean Air Act (42 U.S.C. 7401 et seq.) on job creation by using incomplete analyses to assess effects on employment, primarily as a result of the Environmental Protection Agency failing to take into account the cascading effects of a regulatory change across interconnected industries and markets nationwide; (2) despite the Environmental Protection Agency finding that the impact of certain air pollution regulations will result in net job creation, implementation of the air pollution regulations will actually require billions of dollars in compliance costs, resulting in reduced business profits and millions of actual job losses; (3)(A) the analysis of the Environmental Protection Agency of the final rule of the Agency entitled ``National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial- Commercial-Institutional, and Small Industrial-Commercial- Institutional Steam Generating Units'' (77 Fed. Reg. 9304 (Feb. 16, 2012)) estimated that implementation of the final rule would result in the creation of 46,000 temporary construction jobs and 8,000 net new permanent jobs; but (B) a private study conducted by NERA Economic Consulting, using a ``whole economy'' model, estimated that implementation of the final rule described in subparagraph (A) would result in a negative impact on the income of workers in an amount equivalent to 180,000 to 215,000 lost jobs in 2015 and 50,000 to 85,000 lost jobs each year thereafter; (4)(A) the analysis of the Environmental Protection Agency of the final rule of the Agency entitled ``Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals'' (76 Fed. Reg. 48208 (Aug. 8, 2011)) estimated that implementation of the final rule would result in the creation of 700 jobs per year; but (B) a private study conducted by NERA Economic Consulting estimated that implementation of the final rule described in subparagraph (A) would result in the elimination of a total of 34,000 jobs during the period beginning in calendar year 2013 and ending in calendar year 2037; (5)(A) the analysis of the Environmental Protection Agency of the final rules of the Agency entitled ``National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters'' (76 Fed. Reg. 15608 (March 21, 2011)) and ``National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers'' (76 Fed. Reg. 15554 (March 21, 2011)) estimated that implementation of the final rules would result in the creation of 2,200 jobs per year; but (B) a private study conducted by NERA Economic Consulting estimated that implementation of the final rules described in subparagraph (A) would result in the elimination of 28,000 jobs per year during the period beginning in calendar year 2013 and ending in calendar year 2037; (6) implementation of certain air pollution rules of the Environmental Protection Agency that have not been reviewed, updated, or finalized as of the date of enactment of this Act, such as regulations on greenhouse gas emissions and the update or review of national ambient air quality standards, are predicted to result in significant and negative employment impacts, but the Agency has not yet fully studied or disclosed the full impacts of existing Agency regulations; (7) in reviewing, developing, or updating any regulations promulgated under the Clean Air Act (42 U.S.C. 7401 et seq.) after the date of enactment of this Act, the Environmental Protection Agency must be required to accurately disclose the adverse impact the existing regulations of the Agency will have on jobs and employment levels across the economy in the United States and disclose those impacts to the American people before issuing a final rule; and (8) although since 1977, section 321(a) of the Clean Air Act (42 U.S.C. 7621(a)) has required the Administrator of the Environmental Protection Agency to ``conduct continuing evaluations of potential loss or shifts of employment which may result from the administration or enforcement of the provision of [the Clean Air Act] and applicable implementation plans, including where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such administration or enforcement'', the Environmental Protection Agency has failed to undertake that analysis or conduct a comprehensive study that considers the impact of programs carried out under the Clean Air Act (42 U.S.C. 7401 et seq.) on jobs and changes in employment. (b) Prohibition.--The Administrator of the Environmental Protection Agency shall not propose or finalize any major rule (as defined in section 804 of title 5, United States Code) under the Clean Air Act (42 U.S.C. 7401 et seq.) until after the date on which the Administrator-- (1) completes an economy-wide analysis capturing the costs and cascading effects across industry sectors and markets in the United States of the implementation of major rules promulgated under the Clean Air Act (42 U.S.C. 7401 et seq.); and (2) establishes a process to update that analysis not less frequently than semiannually, so as to provide for the continuing evaluation of potential loss or shifts in employment, pursuant to section 321(a) of the Clean Air Act (42 U.S.C. 7621(a)), that may result from the implementation of major rules under the Clean Air Act (42 U.S.C. 7401 et seq.).

EPA Employment Impact Analysis Act - Prohibits the Administrator of the Environmental Protection Agency (EPA) from proposing or finalizing any major rule under the Clean Air Act (CAA) until after the Administrator: (1) completes an economy-wide analysis capturing the costs and effects across industry sectors and markets in the United States of the implementation of major rules promulgated under the CAA; and (2) establishes a process to update such analysis at least semiannually, in order to provide for the currently required continuing evaluation of potential loss or shifts in employment.

EPA Employment Impact Analysis Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs Momentum Act of 2010''. SEC. 2. REDUCTION IN EMPLOYER PORTION OF PAYROLL TAX FOR CERTAIN EMPLOYERS INCREASING PAYROLL. (a) In General.--In the case of any calendar quarter beginning in 2010 or 2011, the aggregate amount of employer payroll tax deposits of an employer shall be reduced (but not below zero) by an amount equal to the applicable percentage of the payroll increase of such employer for such calendar quarter. (b) Definitions and Special Rules.--For purposes of this section-- (1) Employer payroll tax deposits.--The term ``employer payroll tax deposits'' means deposits an employer is required to make under section 6302 of the Internal Revenue Code of 1986 of taxes imposed on such employer under section 3111 of such Code with respect to individuals in his employ. (2) Applicable percentage.--The applicable percentage shall be-- (A) in the case of any calendar quarter beginning in 2010, 10 percent, and (B) in the case of any calendar quarter beginning in 2011, 5 percent. (3) Payroll increase.-- (A) In general.--The term ``payroll increase'' means, with respect to an employer for a calendar quarter, the excess (if any) of-- (i) the aggregate amount of qualified wages (as defined in section 3121(a) of such Code) paid by such employer to all employees for such calendar quarter, over (ii) aggregate amount of inflation adjusted qualified wages paid by such employer to all employees for the same calendar quarter in the preceding calendar year. (B) Qualified wages.--The term ``qualified wages'' means, with respect to an employee, so much of such employee's wages (as defined in section 3121(a)) of such Code) as does not exceed $32,000. (C) Inflation adjusted qualified wages.--The term ``inflation adjusted qualified wages'' means an amount equal to-- (i) qualified wages with respect to an employee, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year for which the reduction in deposits under this section is being determined occurs, determined by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) thereof. (4) Denial of double benefit.--The amount of any deduction allowable to the employer under chapter 1 of such Code for taxes paid under section 3111 of such Code with respect to employment during any calendar quarter shall be reduced by the amount by which the employer payroll tax deposits of such employer are reduced under subsection (a) for such quarter. (5) Wages must be for trade or business.--A rule similar to the rule of section 51(f) of such Code shall apply. (6) Adjustments for certain acquisitions, etc.--Under regulations prescribed by the Secretary-- (A) Acquisitions.--If, after December 31, 2009, an employer acquires the major portion of a trade or business of another person (hereafter in this paragraph referred to as the ``predecessor'') or the major portion of a separate unit of a trade or business of a predecessor, then, for purposes of applying this section for any calendar quarter ending after such acquisition, the amount of wages or compensation deemed paid by the employer during periods before such acquisition shall be increased by so much of such wages or compensation paid by the predecessor with respect to the acquired trade or business as is attributable to the portion of such trade or business acquired by the employer. (B) Dispositions.--If, after December 31, 2009-- (i) an employer disposes of the major portion of any trade or business of the employer or the major portion of a separate unit of a trade or business of the employer in a transaction to which paragraph (1) applies, and (ii) the employer furnishes the acquiring person such information as is necessary for the application of subparagraph (A), then, for purposes of applying this section for any calendar quarter ending after such disposition, the amount of wages or compensation deemed paid by the employer during periods before such disposition shall be reduced by so much of such wages as is attributable to such trade or business or separate unit. (7) Employers not on quarterly system.--The Secretary of the Treasury shall prescribe rules for the application of this section in the case of an eligible employer whose required income tax deposits are not made on a quarterly basis.

Jobs Momentum Act of 2010 - Allows a reduction in 2010 and 2011 of an employer's payroll taxes by a specified percentage of the amount by which such employer increases aggregate payroll over the preceding calendar year.

To reduce the employer portion of payroll taxes in the case of employers who expand payroll in 2010 and 2011.

SECTION 1. PURPOSE. The Federal regulatory system should be implemented consistent with the principle that any person subject to Government regulation should be protected against reprisal for disclosing information that the person believes is indicative of-- (1) violation or inconsistent application of any law, rule, regulation, policy, or internal standard; (2) arbitrary action or other abuse of authority; (3) mismanagement; (4) waste or misallocation of resources; (5) inconsistent, discriminatory or disproportionate enforcement proceedings; (6) endangerment of public health or safety; (7) personal favoritism; and (8) coercion for partisan political purposes; by any agency or its employees. SEC. 2. COVERAGE. This Act shall apply to: (1) Any agency of the Federal Government as defined in section 551 of title 5, United States Code. (2) Any agency of a State government that exercises authority under Federal law, or that exercises authority under State law establishing a program approved by a Federal agency as a substitute for or supplement to a program established by Federal law. SEC. 3. PROHIBITED REGULATORY PRACTICES. (a) For purposes of this title, ``prohibited regulatory practice'' means any action described in subsection (b) of this section. (b)(1) No employee of an Agency who has authority-- to take or direct other employees to take, to recommend, or to approve any regulatory action shall take or fail to take, or threaten to take or fail to take, recommend or direct that others take or fail to take, or threaten to so recommend or direct, approve the taking or failing to take, or threaten to so approve, such regulatory action because of any disclosure by a person subject to the action, or by any other person, of information that the person believed indicative of: (A) violation or inconsistent application of any law, rule, regulation, policy, or internal standard; (B) arbitrary action or other abuse of authority; (C) mismanagement; (D) Waste or misallocation of resources; (E) Inconsistent, discriminatory or disproportionate enforcement; (F) endangerment of public health or safety; (G) personal favoritism; or (H) coercion for partisan political purposes; by any agency or its employees. (2) An action shall be deemed to have been taken, not taken, approved, or recommended because of the disclosure of information within the meaning of subsection (b)(1) if the disclosure of information was a contributing factor to the decision to take, not to take, to approve, or to recommend. SEC. 4. PROHIBITED REGULATORY PRACTICE AS A DEFENSE TO AGENCY ACTION. (a) In any administrative or judicial action or proceeding, formal or informal, by an agency to create, apply or enforce any obligation, duty or liability under any law, rule or regulation against any person, the person may assert as a defense that the agency or one or more employees of the agency have engaged in a prohibited regulatory practice with respect to the person or to a related entity in connection with the action or proceeding. (b) If the existence of a prohibited regulatory practice is established, the person may be required to comply with the obligation, duty or liability to the extent compliance is required of and enforced against other persons similarly situated, but no penalty, fine, damages, costs or other obligation except compliance shall be imposed on the person. SEC. 5. ENFORCEMENT. (a) Any agency, and any employee of an agency, engaging in a prohibited regulatory practice may be assessed a civil penalty of not more than $25,000 for each such practice. In the case of a continuing prohibited regulatory practice, each day that the practice continues shall be deemed a separate practice. (b) The President shall, by regulation, establish procedures providing for the administrative enforcement of the requirements of subsection (a) of this section. SEC. 6. CITIZEN SUITS. (a) Any person injured or threatened by a prohibited regulatory practice may commence a civil action on his own behalf against any person or agency alleged to have engaged in or threatened to engage in such practice. (b) Any action under subsection (a) of this section shall be brought in the district court for any district in which the alleged prohibited regulatory practice occurred or in which the alleged injury occurred. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to: (1) restrain any agency or person who has engaged or is engaging in any prohibited regulatory practice; (2) order the cancellation or remission of any penalty, fine, damages, or other monetary assessment that resulted from a prohibited regulatory practice; (3) order the rescission of any settlement that resulted from a prohibited regulatory practice; (4) order the issuance of any permit or license that has been denied or delayed as a result of a prohibited regulatory practice; (5) order the agency and/or the employee engaging in a prohibited regulatory practice to pay to the injured person such damages as may be necessary to compensate the person for any harm resulting from the practice, including damages for-- (A) injury to, deterioration of, or destruction of real or personal property; (B) loss of profits from idle or underutilized resources, and from business forgone; (C) costs incurred, including costs of compliance where appropriate; (D) loss in value of a business; (E) reasonable legal, consulting and expert witness fees; or (F) payments to third parties; (6) order the payment of punitive damages, in an amount not to exceed $25,000 for each such prohibited regulatory practice, provided that, in the case of a continuing prohibited regulatory practice, each day that the practice continues shall be deemed a separate practice. SEC. 7. OFFICE OF THE SPECIAL COUNSEL. (a) Any person who has reason to believe that any employee of any agency has engaged in a prohibited regulatory practice may request the Special Counsel established by section 1211 of title 5, United States Code, to investigate. (b) The Special Counsel shall have the same power to investigate prohibited regulatory practices that it has to investigate prohibited personnel practices pursuant to section 1212 of title 5, United States Code.

Provides persons subject to regulatory action with protection against reprisal for disclosing agency waste, mismanagement, abuse of authority, or other prohibited regulatory practices.

A bill entitled "The Private Sector Whistleblowers' Protection Act of 1992".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening America's Satellite Industry Act''. SEC. 2. DIPLOMATIC EFFORTS TO STRENGTHEN NATIONAL AND INTERNATIONAL ARMS EXPORT CONTROLS. (a) Sense of Congress.--It is the sense of Congress that the President should redouble United States diplomatic efforts to strengthen national and international arms export controls by establishing a senior-level initiative to ensure that those arms export controls are comparable to and supportive of United States arms export controls, particularly with respect to countries of concern to the United States. (b) Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 4 years, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on United States diplomatic efforts described in subsection (a). SEC. 3. REPORTING REQUIREMENT FOR UNLICENSED EXPORTS. Section 655(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2415(b)) is amended-- (1) in paragraph (2), by striking ``or'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(4) were exported without a license under section 38 of the Arms Export Control Act (22 U.S.C. 2778) pursuant to an exemption established under the International Traffic in Arms Regulations, other than defense articles exported in furtherance of a letter of offer and acceptance under the Foreign Military Sales program or a technical assistance or manufacturing license agreement, including the specific exemption provision in the regulation under which the export was made.''. SEC. 4. REPORT ON VALUE OF MAJOR DEFENSE EQUIPMENT AND DEFENSE ARTICLES EXPORTED UNDER SECTION 38 OF THE ARMS EXPORT CONTROL ACT. Section 38 of the Arms Export Control Act (22 U.S.C. 2778) is amended by adding at the end the following: ``(k) Report.-- ``(1) In general.--The President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains a detailed listing, by country and by international organization, of the total dollar value of major defense equipment and defense articles exported pursuant to licenses authorized under this section for the previous fiscal year. ``(2) Inclusion in annual budget.--The report required by this subsection shall be included in the supporting information of the annual budget of the United States Government required to be submitted to Congress under section 1105 of title 31, United States Code.''. SEC. 5. AUTHORITY TO REMOVE SATELLITES AND RELATED COMPONENTS FROM THE UNITED STATES MUNITIONS LIST. (a) Authority.--Except as provided in subsection (b) and subject to subsection (d), the President is authorized to remove satellites and related components from the United States Munitions List, consistent with the procedures in section 38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)). (b) Exception.--The authority of subsection (a) may not be exercised with respect to any satellite or related component that may, directly or indirectly, be transferred to, or launched into outer space by, the People's Republic of China. (c) United States Munitions List.--In this section, the term ``United States Munitions List'' means the list referred to in section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)). (d) Effective Date.--The President may not exercise the authority provided in this section before the date that is 90 days after the date of the enactment of this Act. SEC. 6. REVIEW AND REPORT OF INVESTIGATIONS OF VIOLATIONS OF SECTION 3 OF THE ARMS EXPORT CONTROL ACT. (a) Review.--The Inspector General of the Department of State shall conduct a review of investigations by the Department of State during each of fiscal years 2010 through 2014 of any and all possible violations of section 3 of the Arms Export Control Act (22 U.S.C. 2753) with respect to misuse of United States-origin defense items to determine whether the Department of State has fully complied with the requirements of such section, as well as its own internal procedures (and whether such procedures are adequate), for reporting to Congress any information regarding the unlawful use or transfer of United States-origin defense articles, defense services, and technology by foreign countries, as required by such section. (b) Report.--The Inspector General of the Department of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate for each of fiscal years 2010 through 2014 a report that contains the findings and results of the review conducted under subsection (a). The report shall be submitted in unclassified form to the maximum extent possible, but may include a classified annex. SEC. 7. REPORT ON SELF-FINANCING OPTIONS FOR EXPORT LICENSING FUNCTIONS OF DDTC OF THE DEPARTMENT OF STATE. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on possible mechanisms to place the export licensing functions of the Directorate of Defense Trade Controls of the Department of State on a 100 percent self-financing basis.

Strengthening America's Satellite Industry Act - Expresses the sense of Congress that the President should increase U.S. diplomatic efforts to strengthen arms export controls to ensure that such controls are supportive of U.S. arms export controls, particularly with respect to countries of concern to the United States. Requires the President to report annually to the appropriate congressional committees for five years regarding such diplomatic activities. Amends the Foreign Assistance Act of 1961 to require that information regarding certain defense items exported without a license under the Arms Control and Export Act be included in the annual military assistance report. Amends the Arms Export Control Act to direct the President to report to Congress, by country and by international organization, regarding the total dollar value of major defense equipment and defense articles exported pursuant to licenses for the previous fiscal year. Authorizes the President to remove satellites and related components from the United States Munitions List, except for any satellite or related component that may be transferred to, or launched into outer space by, the People's Republic of China (PRC). Directs the Inspector General of the Department of State to: (1) review Department investigations of possible misuse of U.S.-origin defense items; and (2) and report to Congress. Directs the Secretary of State to report to Congress regarding placing the export licensing functions of the Department's Directorate of Defense Trade Controls on a self-financing basis.

To strengthen certain provisions relating to arms export licenses, and for other purposes.

SECTION 1. INVESTIGATION OF INTERNAL REVENUE SERVICE ABUSE OF TAXPAYERS' RIGHTS. (a) Findings.--The Congress hereby finds that-- (1) although generally IRS employees perform their duties in a competent and professional manner, many instances have been reported concerning IRS abuse of taxpayers' rights, including the improper targeting of taxpayers or groups of taxpayers for political purposes; (2) there is a need to enable the public to scrutinize the activities of the IRS and to ensure that the IRS is subject to public accountability; (3) there is a need to improve the oversight of the IRS; (4) there is a need for procedures by which Congress can obtain necessary information to effectively perform its oversight role on behalf of the public; and (5) there currently exists no effective reporting or monitoring mechanism to assist Congress in safeguarding taxpayer rights. (b) Purpose.--It is the purpose of this Act to improve oversight by the Congress of the IRS, to safeguard taxpayer rights, to discourage abuse of taxpayer rights, to encourage reporting of taxpayer abuse, to uncover past instances of such abuse so that they do not occur in the future, and to provide independent monitoring of IRS actions taken to prevent taxpayer abuse. (c) Reporting Responsibilities of Internal Revenue Service.-- (1) Annual reports.--During each calendar year beginning after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the Congress a compliance report on-- (A) the nature of its program to prevent abuses of taxpayers' rights by the Internal Revenue Service, and to comply with the Taxpayer Bill of Rights, (B) the implementation of such program, (C) the effectiveness of such program and the evidence on the basis of which such analysis is made, and (D) detailed descriptions of the types of taxpayer abuse cases that have occurred and IRS measures instituted to correct such abuses and prevent their recurrence. Such report shall be submitted to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate by October 1 of each year. (d) Investigation by General Accounting Office.-- (1) In general.--The Comptroller General-- (A) shall conduct a full and complete investigation of past instances in which the Internal Revenue Service has abused taxpayers' rights, has been used for political purposes, has improperly targeted taxpayers (or groups of taxpayers) for investigation, has promoted overzealous agents on the strength of collections, has maintained illegal dossiers on taxpayers, has conducted investigations for political purposes, has retaliated against IRS employees who have reported IRS misconduct, or has engaged in other significant misconduct; and (B) shall provide an assessment and evaluation of the implementation and effectiveness of the program of the Internal Revenue Service to prevent such abuses from occurring in the future. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Oversight Subcommittee of the Committee on Ways and Means of the House of Representatives and the Oversight Committee of the Committee on Finance of the Senate, a report on the investigation conducted under paragraph (1), together with such recommendations as he may deem advisable. The Comptroller General shall have access to any IRS return information he deems necessary to perform his duties under this section. Nothing in this section shall be construed to permit the Comptroller General to make public the names or similar identifying information of any taxpayer. (3) Access to returns and return information.--The purposes for which returns and return information may be open to inspection or disclosure under section 6103(i)(7)(A) of the Internal Revenue Code of 1986 (relating to disclosure to General Accounting Office) shall include the purposes of carrying out the Comptroller General's duties as specified in this section. (e) Definitions.--For purpose of this section-- (1) the term ``Service'' or ``IRS'' refer to the Internal Revenue Service of the Department of Treasury; and (2) the term ``employee'' includes any IRS officer or employee. SEC. 2. ESTABLISHMENT OF POSITION OF TAXPAYER ADVOCATE WITHIN INTERNAL REVENUE SERVICE. (a) General Rule.--Section 7802 of the Internal Revenue Code of 1986 (relating to Commissioner of Internal Revenue; Assistant Commissioner (Employee Plans and Exempt Organizations)) is amended by adding at the end thereof the following new subsection: ``(d) Office of Taxpayer Advocate.-- ``(1) In general.--There is established in the Internal Revenue Service an office to be known as the `Office of the Taxpayer Advocate'. Such office, including all problem resolution officers, shall be under the supervision and direction of an official to be known as the `Taxpayer Advocate' who shall be appointed by the President by and with the advice and consent of the Senate, and who shall report directly to the Commissioner of Internal Revenue. The Taxpayer Advocate shall be entitled to compensation at the same rate as the Chief Counsel for the Internal Revenue Service. ``(2) Functions of office.-- ``(A) In general.--It shall be the function of the Office of Taxpayer Advocate to-- ``(i) assist taxpayers in resolving problems with the Internal Revenue Service, ``(ii) identify areas in which taxpayers have problems in dealings with the Internal Revenue Service, ``(iii) to the extent possible, propose changes in the administrative practices of the Internal Revenue Service to mitigate problems identified under clause (ii), and ``(iv) identify potential legislative changes which may be appropriate to mitigate such problems. ``(B) Annual reports.-- ``(i) Objectives.--Not later than October 31 of each calendar year after 1992, the Taxpayer Advocate shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the objectives of the Taxpayer Advocate for the following calendar year. Any such report shall contain full and substantive analysis, in addition to statistical information. ``(ii) Activities.--Not later than June 30 of each calendar year after 1992, the Taxpayer Advocate shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the activities of the Taxpayer Advocate during the fiscal year ending during such calendar year. Any such report shall contain full and substantive analysis, in addition to statistical information, and shall-- ``(I) identify the initiatives the Taxpayer Advocate has taken on improving taxpayer services and Internal Revenue Service responsiveness, ``(II) contain recommendations received from individuals with the authority to issue taxpayer assistance orders under section 7811, ``(III) contain a summary of at least 20 of the most serious problems encountered by taxpayers, including a description of the nature of such problems, ``(IV) contain an inventory of the items described in subclauses (I), (II), and (III) for which action has been taken and the result of such action, ``(V) contain an inventory of the items described in subclauses (I), (II), and (III) for which action remains to be completed and the period during which each item has remained on such inventory, ``(VI) contain an inventory of the items described in subclauses (II) and (III) for which no action has been taken, the period during which each item has remained on such inventory, the reasons for the inaction, and identify any Internal Revenue Service official who is responsible for such inaction, ``(VII) identify any Taxpayer Assistance Order which was not honored by the Internal Revenue Service in a timely manner, as specified under section 7811(b), ``(VIII) contain recommendations for such administrative and legislative action as may be appropriate to resolve problems encountered by taxpayers, and ``(IX) include such other information as the Taxpayer Advocate may deem advisable. ``(iii) Report to be submitted directly.-- Each report required under this subparagraph shall be provided directly to the Committees referred to in clauses (i) and (ii) without any prior review or comment from the Commissioner of the Internal Revenue Service, the Secretary of the Treasury, any other officer or employee of the Department of the Treasury, or the Office of Management and Budget. ``(3) Responsibilities of Commissioner of Internal Revenue Service.--The Commissioner of Internal Revenue shall establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayer Advocate.'' (b) Conforming Amendments.-- (1) Section 7811 of such Code (relating to taxpayer assistance orders) is amended-- (A) by striking ``the Office of Ombudsman'' in subsection (a) and inserting ``the Office of the Taxpayer Advocate'', and (B) by striking ``Ombudsman'' each place it appears (including in the headings of subsections (e) and (f)) and inserting ``Taxpayer Advocate''. (2) The heading for section 7802 of such Code is amended to read as follows: ``SEC. 7802. COMMISSIONER OF INTERNAL REVENUE; ASSISTANT COMMISSIONERS; TAXPAYER ADVOCATE.'' (3) The table of sections for subchapter A of chapter 80 of subtitle F is amended by striking the item relating to section 7802 and inserting the following new item: ``Sec. 7802. Commissioner of Internal Revenue; Assistant Commissioners; Taxpayer Advocate.'' (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. REPORTS ON TAXPAYER-RIGHTS EDUCATION PROGRAM. Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury or his delegate shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the scope and content of the Internal Revenue Service's taxpayer-rights education program for its officers and employees. Not later than 8 months after the date of the enactment of this Act, such Secretary shall submit a report to such Committees on the effectiveness of the program referred to in the preceding sentence. SEC. 4. BIENNIAL REPORTS ON MISCONDUCT BY INTERNAL REVENUE SERVICE EMPLOYEES. During December of 1993 and during December of each second calendar year thereafter, the Secretary of the Treasury or his delegate shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on all cases involving complaints about misconduct of Internal Revenue Service employees and the disposition of such complaints.

Requires the Secretary of the Treasury to report to specified committees annually on the program to prevent abuses of taxpayers' rights by the Internal Revenue Service (IRS). Requires the Comptroller General to report to specified congressional committees on: (1) an investigation of past instances in which the Service has abused taxpayers' rights or has engaged in other significant misconduct; and (2) an assessment and evaluation of the implementation and effectiveness of the program to prevent such abuses. Provides access to returns and return information by the Comptroller General to carry out the purposes of this Act. Amends the Internal Revenue Code to establish in the IRS the Office of Taxpayers' Advocate, headed by the Taxpayers' Advocate. Requires the Office to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. Requires the Taxpayers' Advocate to annually report to specified congressional committees on Office activities. Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayers' Advocate. Requires the Secretary of the Treasury to report to specified congressional committees on the effectiveness of the taxpayer-rights education program for its officers and employees. Requires the Secretary to report biennially to specified congressional committees on all cases involving complaints about misconduct of IRS employees and the disposition of the complaints.

To amend the Internal Revenue Code of 1986 to require an investigation of Internal Revenue Service abuse of taxpayers' rights, to safeguard taxpayer rights, to monitor the effectiveness of the Internal Revenue Service's program for the prevention of taxpayer abuse, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Video Game Rating Act''. SEC. 2. DEFINITIONS. In this Act: (1) Content rating.--The term ``content rating'' means any rating of the content of a video or computer game provided to notify an individual of content in such video or computer game that may be offensive to an individual or may not be suitable for an individual of a certain age, including such content as violence, graphic sex, nudity, or strong language. (2) Hidden content.--The term ``hidden content'' means any playable content of a video or computer game that may be disabled or blocked from a user of such game so that it can be accessed only by inputting a code or command or by altering the software of such game with a modification, patch, or similar tool, utility, or method. (3) Playable content.--The term ``playable content'', with respect to a video or computer game, means any scene, visual image, sound, or word that a user of such game can access after installing the game on a computer, console, telecommunication device, or similar technology. (4) Rating organization.--The term ``rating organization'' means the Entertainment Software Ratings Board or any other independent organization that assigns a content rating to a video or computer game. (5) Video or computer game.--The term ``video or computer game'' means any product, whether distributed electronically or through a tangible device, consisting of data, programs, routines, instructions, applications, symbolic languages, or similar electronic information that enables a user of such product to interact with a computer-controlled virtual environment for entertainment purposes. SEC. 3. PROHIBITION ON DECEPTIVE RATINGS OF VIDEO GAMES. (a) Rating Game Only on Partial Content.--Notwithstanding any other provision of law, effective 1 year after the date of the enactment of this Act, a rating organization may not assign a content rating to any video or computer game that is to bear a label containing such content rating when sold or distributed in interstate commerce unless such rating organization has reviewed the playable content of the video or computer game in its entirety. (b) Withholding Content for Rating.-- (1) In general.--Notwithstanding any other provision of law, effective 1 year after the date of the enactment of this Act, a person who produces, sells, or otherwise distributes a video or computer game in interstate commerce, may not withhold or hide any playable content of such video or computer game from, or in any other manner fail to disclose any playable content of such video or computer game to, a rating organization. (2) Hidden content.--Notwithstanding any other provision of law, effective 1 year after the date of the enactment of this Act, a person who, in the course of obtaining a content rating, submits to a rating organization a video or computer game that contains hidden content shall provide such rating organization with the necessary codes or methods of accessing such hidden content. (c) Gross Mischaracterization of Content.-- (1) In general.--Notwithstanding any other provision of law, effective 1 year after the date of the enactment of this Act, a rating organization may not provide a content rating that grossly mischaracterizes the content of a video or computer game. (2) Grossly mischaracterize.--Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate regulations that define the term ``grossly mischaracterizes'', as such term is used in paragraph (1). SEC. 4. ENFORCEMENT. (a) Unfair or Deceptive Act or Practice.--A violation of a prohibition described in section 3 shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Federal Trade Commission.--The Federal Trade Commission shall enforce the provisions of this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made part of this Act. SEC. 5. STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE. (a) Study.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study to determine the following: (1) The efficacy of the Entertainment Software Ratings Board ratings system in assigning appropriate content ratings to video and computer games, including ratings for online or Internet-based games. (2) Whether content ratings systems, like that used by the Entertainment Software Ratings Board, should be peer-reviewed. (3) Whether an independent content ratings system, developed and administered by persons with no financial interest in the video or computer game industry, would result in more accurate and effective content ratings for video or computer games than the content rating system used by the Entertainment Software Ratings Board. (4) The efficacy of a universal ratings system for visual content, including films, broadcast and cable television and video, and video or computer games. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the findings of the study conducted pursuant to subsection (a). The report shall contain recommendations regarding effective approaches to content ratings that address the unique ratings challenges of online and Internet-based video games.

Truth in Video Game Rating Act - Prohibits any rating organization from assigning a content rating to any video or computer game unless it has reviewed its entire playable content. Prohibits any producer, seller, or distributor of such games from withholding or hiding any such content from a rating organization. Requires any person submitting to a rating organization a video or computer game with hidden content to accompany it with the codes or methods necessary to access such hidden content. Prohibits a rating organization from providing a content rating that grossly mischaracterizes the game content. Makes a violation of a prohibition of this Act an unfair or deceptive act or practice under specified provisions of the Federal Trade Commission Act and requires the Federal Trade Commission (FTC) to enforce this Act.

A bill to prohibit deceptive conduct in the rating of video and computer games, and for other purposes.