FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. ELECTRONIC DATABASE OF INFORMATION ON THE INCIDENCE OF SUICIDE AMONG MEMBERS OF THE ARMED FORCES. (a) Database Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, acting through the Assistant Secretary of Defense for Health Affairs and in coordination with the Secretaries of the military departments, establish and maintain an electronic database on the incidence of suicide and attempted suicide among members of the Armed Forces on active duty, including the information specified in subsection (c). (b) Coverage of Demobilized Members of Reserve Components.--To the extent practicable, the members of the Armed Forces covered by the database required under subsection (a) shall include members of the National Guard and Reserve who are demobilized from active duty during the 720-day period beginning on the date of their demobilization. (c) Information.--The information to be included in the database required by subsection (a) shall include, to the extent practicable, the following: (1) For each Armed Force-- (A) the number of members on active duty who have attempted suicide; and (B) the number of members on active duty who have committed suicide. (2) For each member who commits or attempts suicide, the following: (A) The sex of the member. (B) The race or ethnicity of the member. (C) The Armed Force of the member. (D) The grade, military occupational specialty, duty status, and duty location of the member at the time of the attempt. (E) The physical location of the member at the time of the attempt. (F) A descriptive summary of any combat experience of the member, including the location of such experience, the intensity and duration of such experience, and the time between the last such experience and the attempt. (G) The highest level of education achieved by the member. (H) Any mental health condition, including Post- Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), or substance use disorder, diagnosed or otherwise detected in the member. (I) A descriptive summary of any previous psychological care or treatment received by the member for a condition under subparagraph (H) or another mental health condition. (J) A descriptive summary of any family history of the member of mental illness, suicide, or both. (K) A descriptive summary of any physical or sexual abuse suffered by the member. (L) A descriptive summary of any recent marital or other relationship difficulties of the member. (M) A descriptive summary of any recent disciplinary actions taken against the member. (N) A descriptive summary of any recent legal difficulties of the member. (O) A descriptive summary of any recent financial or employment difficulties of the member. (P) A description of any prior communications of suicidal intent by the member. (3) Such other information as the Secretary considers appropriate for purposes of the database. (d) Separate Information on Each Attempt.--Each attempted suicide of a member of the Armed Forces (whether or not completed) shall be treated as a separate attempt at suicide for purposes of subsection (c)(2). (e) Updates.--The database required by subsection (a) shall be updated on a continuing basis. (f) Reports.-- (1) Reports to congress.--Not later than 90 days after the establishment of the database required by subsection (a), and every 90 days thereafter, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth the following: (A) Aggregated data on the incidence of suicide among members of the Armed Forces on active duty. (B) An assessment of recent trends in suicides and attempted suicides among members of the Armed Forces on active duty. (2) Availability to public.--Each report under paragraph (1) shall be made available to the public through the Internet website of the Assistant Secretary of Defense for Health Affairs that is available to the public. (3) Protection of personal information.--The information in any report under paragraph (1) shall not include any personal information or personally-identifying information on any member of the Armed Forces covered by the database.

Directs the Secretary of Defense to establish and maintain an electronic database on the incidence of suicide and attempted suicide among members of the Armed Forces on active duty, as well as members of the National Guard and reserves who are demobilized from active duty. Requires: (1) regular reports from the Secretary to the congressional defense committees; and (2) such reports to be made available to the public (absent personally-identifying information).

A bill to require an electronic database of information on the incidence of suicide among members of the Armed Forces.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Real Estate Investment and Jobs Act of 2015''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. EXCEPTION FROM FIRPTA FOR CERTAIN STOCK OF REAL ESTATE INVESTMENT TRUSTS. (a) Modifications of Ownership Rules.-- (1) In general.--Section 897 is amended by adding at the end the following new subsection: ``(k) Special Rules Relating to Real Estate Investment Trusts.-- ``(1) Increase in percentage ownership for exceptions for persons holding publicly traded stock.-- ``(A) Dispositions.--In the case of any disposition of stock in a real estate investment trust, paragraphs (3) and (6)(C) of subsection (c) shall each be applied by substituting `more than 10 percent' for `more than 5 percent'. ``(B) Distributions.--In the case of any distribution from a real estate investment trust, subsection (h)(1) shall be applied by substituting `10 percent' for `5 percent'. ``(2) Stock held by qualified shareholders not treated as usrpi.-- ``(A) In general.--Except as provided in subparagraph (B)-- ``(i) stock of a real estate investment trust which is held directly by a qualified shareholder shall not be treated as a United States real property interest, and ``(ii) notwithstanding subsection (h)(1), any distribution to a qualified shareholder shall not be treated as gain recognized from the sale or exchange of a United States real property interest to the extent the stock of the real estate investment trust held by such qualified shareholder is not treated as a United States real property interest under clause (i). ``(B) Exception.--In the case of a qualified shareholder with 1 or more applicable investors-- ``(i) subparagraph (A)(i) shall not apply to so much of the stock of a real estate investment trust held by a qualified shareholder as bears the same ratio to the value of the interests (other than interests held solely as a creditor) held by such applicable investors in the qualified shareholder bears to value of all interests (other than interests held solely as a creditor) in the qualified shareholder, and ``(ii) a percentage equal to the ratio determined under clause (i) of the amounts realized by the qualified shareholder with respect to any disposition of stock in the real estate investment trust or with respect to any distribution from the real estate investment trust attributable to gain from sales or exchanges of a United States real property interest shall be treated as amounts realized from the disposition of United States real property interests. ``(C) Applicable investor.--For purposes of this paragraph, the term `applicable investor' means, with respect to any qualified shareholder holding stock in a real estate investment trust, a person (other than a qualified shareholder) which-- ``(i) holds an interest (other than an interest solely as a creditor) in such qualified shareholder, and ``(ii) holds more than 10 percent of the stock of such real estate investment trust (whether or not by reason of the person's ownership interest in the qualified shareholder). ``(D) Constructive ownership rules.--For purposes of subparagraphs (B)(i) and (C), the constructive ownership rules under subsection (c)(6)(C) shall apply. ``(3) Qualified shareholder.--For purposes of this subsection-- ``(A) In general.--The term `qualified shareholder' means a foreign person-- ``(i) which is eligible for benefits of a comprehensive income tax treaty with the United States which includes an exchange of information program, ``(ii) which is a qualified collective investment vehicle, ``(iii) the principal class of interests of which is listed and regularly traded on 1 or more recognized stock exchanges (as defined in such comprehensive income tax treaty), and ``(iv) which maintains records on the identity of each person who, at any time during the foreign person's taxable year, holds directly 5 percent or more of the class of interest described in clause (iii). ``(B) Qualified collective investment vehicle.--For purposes of this subsection, the term `qualified collective investment vehicle' means a foreign person-- ``(i) which, under the comprehensive income tax treaty described in subparagraph (A)(i), is eligible for a reduced rate of withholding with respect to ordinary dividends paid by a real estate investment trust even if such person holds more than 10 percent of the stock of such real estate investment trust, or ``(ii) which is designated as a qualified collective investment vehicle by the Secretary and is either-- ``(I) fiscally transparent within the meaning of section 894, or ``(II) required to include dividends in its gross income, but entitled to a deduction for distributions to persons holding interests (other than interests solely as a creditor) in such foreign person.''. (2) Conforming amendments.-- (A) Section 897(c)(1)(A) is amended by inserting ``or subsection (k)'' after ``subparagraph (B)'' in the matter preceding clause (i). (B) Section 857(b)(3)(F) is amended by inserting ``or section 897(k)(2)(A)(ii)'' after ``897(h)(1)''. (b) Determination of Domestic Control.-- (1) Special ownership rules.-- (A) In general.--Section 897(h)(4) is amended by adding at the end the following new subparagraph: ``(E) Special ownership rules.--For purposes of determining the holder of stock under subparagraphs (B) and (C)-- ``(i) in the case of any class of stock of the qualified investment entity which is regularly traded on an established securities market in the United States, a person holding less than 5 percent of such class of stock at all times during the testing period shall be treated as a United States person unless the qualified investment entity has actual knowledge that such person is not a United States person, ``(ii) any stock in the qualified investment entity held by another qualified investment entity-- ``(I) any class of stock of which is regularly traded on an established securities market, or ``(II) which is a regulated investment company which issues redeemable securities (within the meaning of section 2 of the Investment Company Act of 1940), shall be treated as held by a foreign person, except that if such other qualified investment entity is domestically controlled (determined after application of this subparagraph), such stock shall be treated as held by a United States person, and ``(iii) any stock in the qualified investment entity held by any other qualified investment entity not described in subclause (I) or (II) of clause (ii) shall only be treated as held by a United States person in proportion to the stock of such other qualified investment entity which is (or is treated under clause (ii) or (iii) as) held by a United States person.''. (B) Conforming amendment.--The heading for paragraph (4) of section 897(h) is amended by inserting ``and special rules'' after ``Definitions''. (2) Technical amendment.--Clause (ii) of section 897(h)(4)(A) is amended by inserting ``and for purposes of determining whether a real estate investment trust is a domestically controlled qualified investment entity under this subsection'' after ``real estate investment trust''. (c) Effective Dates.-- (1) In general.--The amendments made by subsection (a) shall take effect on the date of enactment and shall apply to-- (A) any disposition on and after the date of the enactment of this Act, and (B) any distribution by a real estate investment trust on or after the date of the enactment of this Act which is treated as a deduction for a taxable year of such trust ending after such date. (2) Determination of domestic control.--The amendments made by subsection (b)(1) shall take effect on the date of the enactment of this Act. (3) Technical amendment.--The amendment made by subsection (b)(2) shall take effect on January 1, 2015. SEC. 3. EXCEPTION FOR INTERESTS HELD BY FOREIGN RETIREMENT OR PENSION FUNDS. (a) In General.--Section 897, as amended by section 2, is amended by adding at the end the following new subsection: ``(l) Exception for Interests Held by Foreign Pension Funds.-- ``(1) In general.--This section shall not apply to any United States real property interest held by-- ``(A) a qualified foreign pension fund, or ``(B) any entity all of the interests of which are held by a qualified foreign pension fund. ``(2) Qualified foreign pension fund.--For purposes of this subsection, the term `qualified foreign pension fund' means any trust, corporation, or other organization or arrangement-- ``(A) which is created or organized under the law of a country other than the United States, ``(B) which is established to provide retirement or pension benefits to participants or beneficiaries that are current or former employees (or persons designated by such employees) of one or more employers in consideration for services rendered, ``(C) which does not have a single participant or beneficiary with a right to more than five percent of its assets or income, ``(D) which is subject to government regulation and provides annual information reporting about its beneficiaries to the relevant tax authorities in the country in which it is established or operates, and ``(E) with respect to which, under the laws of the country in which it is established or operates-- ``(i) contributions to such trust, corporation, organization, or arrangement which would otherwise be subject to tax under such laws are deductible or excluded from the gross income of such entity or taxed at a reduced rate, or ``(ii) taxation of any investment income of such trust, corporation, organization or arrangement is deferred or such income is taxed at a reduced rate. ``(3) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection.''. (b) Exemption From Withholding.--Section 1445(f)(3) is amended by striking ``any person'' and all that follows and inserting the following: ``any person other than-- ``(A) a United States person, and ``(B) except as otherwise provided by the Secretary, an entity with respect to which section 897 does not apply by reason of subsection (l) thereof.''. (c) Effective Date.--The amendments made by this section shall apply to dispositions and distributions after the date of the enactment of this Act.

Real Estate Investment and Jobs Act of 2015 This bill amends the Internal Revenue Code to increase from 5% to 10% the stock ownership threshold in a real estate investment trust for purposes of exempting proceeds from dispositions of such stock from withholding requirements under the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). Exempts from FIRPTA withholding requirements U.S. real property interests held by: (1) a qualified foreign pension fund created or organized outside the United States, or (2) any entity all of the interests of which are held by a qualified foreign pension fund.

Real Estate Investment and Jobs Act of 2015

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Surface Owner Protection Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PROTECTION OF WATER RESOURCES Sec. 101. Mineral Leasing Act requirements. Sec. 102. Relationship to State law. TITLE II--SURFACE OWNER PROTECTION Sec. 201. Definitions. Sec. 202. Post-lease surface use agreement. Sec. 203. Authorized exploration and drilling operations. Sec. 204. Surface owner notification. TITLE III--RECLAMATION AND BONDING Sec. 301. Reclamation requirements and bond. TITLE I--PROTECTION OF WATER RESOURCES SEC. 101. MINERAL LEASING ACT REQUIREMENTS. Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(q) Water Requirements.-- ``(1) In general.--An operator producing oil or gas (including coalbed methane) under a lease issued under this Act shall-- ``(A) replace the water supply of a water user who obtains all or part of the supply of the user of water for domestic, agricultural, or other purposes from an underground or surface source that has been affected by contamination, diminution, or interruption proximately resulting from drilling operations for the production; and ``(B) comply with all applicable requirements of Federal and State law for discharge of any water produced under the lease. ``(2) Water management plan.--An application for a lease under this subsection shall be accompanied by a proposed water management plan including provisions-- ``(A) to protect the quantity and quality of surface and ground water systems, both on-site and off- site, from adverse effects of the exploration, development, and reclamation processes or to provide alternative sources of water if the protection cannot be ensured; ``(B) to protect the rights of present users of water that would be affected by operations under the lease, including the discharge of any water produced in connection with the operations that is not reinjected; and ``(C) to identify any agreements with other parties for the beneficial use of produced waters and the steps that will be taken to comply with Federal and State laws relating to the use.''. SEC. 102. RELATIONSHIP TO STATE LAW. Nothing in this Act or an amendment made by this Act-- (1) impairs or affects any right or jurisdiction of any State with respect to the waters of the State; or (2) limits, alters, modifies, or amends any of the interstate compacts or equitable apportionment decrees that apportion water among and between States. TITLE II--SURFACE OWNER PROTECTION SEC. 201. DEFINITIONS. In this title: (1) Lease.--The term ``lease'' means a lease issued by the Secretary under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or any other law, providing for development of oil and gas resources (including coalbed methane) owned by the United States. (2) Lessee.--The term ``lessee'' means the holder of a lease. (3) Operator.--The term ``operator'' means any person that is responsible under the terms and conditions of a lease for the operations conducted on leased land or any portion of the land. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 202. POST-LEASE SURFACE USE AGREEMENT. (a) In General.--Except as provided in section 203, the Secretary may not authorize any operator to conduct exploration and drilling operations on land with respect to which title to oil and gas resources is held by the United States but title to the surface estate is not held by the United States, until the operator has filed with the Secretary a document, signed by the operator and the 1 or more surface owners, indicating that the operator has secured a written surface use agreement between the operator and the 1 or more surface owners that meets the requirements of subsection (b). (b) Contents.--A surface use agreement shall provide for-- (1) the use of only the portion of the surface estate that is reasonably necessary for exploration and drilling operations based on site-specific conditions, as determined by the Secretary; (2) the accommodation of the surface estate owner, to the maximum extent practicable, including the location, use, timing, and type of exploration and drilling operations, consistent with the right of the operator to develop the oil and gas estate; (3) the reclamation of the site to a condition capable of supporting the uses which the land was capable of supporting prior to exploration and drilling operations; and (4) compensation for damages as a result of exploration and drilling operations, including-- (A) loss of income and increased costs incurred; (B) damage to or destruction of personal property, including crops, forage, and livestock; and (C) failure to reclaim the site in accordance with paragraph (3). (c) Procedure.-- (1) Notice.--An operator shall notify each surface estate owner of the desire of the operator to conclude an agreement under this section. (2) Arbitration.-- (A) In general.--If the surface estate owner and the operator do not reach an agreement within 90 days after the date on which the operator provided the notice, the matter shall be referred to third party arbitration for resolution within a period of 90 days. (B) Cost.--The cost of the arbitration shall be the responsibility of the operator. (C) Arbitrators.--The Secretary shall-- (i) identify persons with experience in conducting arbitrations; and (ii) make the information available to operators. (D) Referrals.--Referral of a matter for arbitration by a person identified by the Secretary pursuant to subparagraph (C) shall constitute compliance with paragraph (1). (d) Attorneys Fees.--If action is taken to enforce or interpret any of the terms and conditions contained in a surface use agreement, the prevailing party shall be reimbursed by the other party for reasonable attorneys fees and actual costs incurred, in addition to any other relief that a court or arbitration panel may grant. SEC. 203. AUTHORIZED EXPLORATION AND DRILLING OPERATIONS. (a) In General.--The Secretary may authorize an operator to conduct exploration and drilling operations on land covered by section 202 in the absence of an agreement with each surface estate owner, if-- (1) the Secretary makes a determination, in writing, that the operator made a good faith attempt to conclude such an agreement, including referral of the matter to arbitration pursuant to section 202(c)(2), but that no agreement was concluded within 90 days after the referral to arbitration; (2) the operator submits a plan of operations that covers the matters specified in section 202(b) and for compliance with all other applicable requirements of Federal and State law; and (3) the operator posts a bond or other financial assurance in an amount the Secretary determines to be adequate to ensure compensation to the surface estate owner for any damage to the site, in the form of a surety bond, trust fund, letter of credit, government security, certificate of deposit, cash, or equivalent. (b) Surface Owner Participation.--The Secretary shall provide surface estate owners with an opportunity-- (1) to comment on plans of operations in advance of a determination of compliance with this title; (2) to participate in bond level determinations and bond release proceedings under this section; (3) to attend an on-site inspection during the determinations and proceedings; (4) to file written objections to a proposed bond release; and (5) to request and participate in an on-site inspection if the owners have reason to believe there is a violation of the terms and conditions of a plan of operations. (c) Payment of Financial Guarantee.-- (1) In general.--A surface estate owner, with respect to any land subject to a lease, may petition the Secretary for payment of all or part of a bond or other financial assurance required under this section as compensation for any damage as a result of exploration and drilling operations. (2) Compensation.--Pursuant to the petition, the Secretary may use the bond or other guarantee to provide compensation to the surface estate owner for the damage. (d) Bond Release.--On request and after inspection and opportunity for surface estate owner review, the Secretary may release the financial assurance required under this section if the Secretary determines that-- (1) exploration and drilling operations have ended; and (2) all damage has been fully compensated. SEC. 204. SURFACE OWNER NOTIFICATION. The Secretary shall-- (1) notify surface estate owners of lease sales in writing at least 45 days in advance; (2) not later than 10 working days after the date on which a lease is issued, notify surface estate owners regarding the identity of the lessee; (3) notify surface estate owners in writing concerning any subsequent decisions regarding a lease, such as modifying or waiving stipulations and approving rights of way; and (4) notify surface estate owners not later than 5 business days after the date of issuance of a drilling permit under a lease. TITLE III--RECLAMATION AND BONDING SEC. 301. RECLAMATION REQUIREMENTS AND BOND. (a) In General.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) (as amended by section 101) is amended by adding at the end the following: ``(r) Reclamation Requirements and Bond.-- ``(1) Requirements.--An operator producing oil or gas (including coalbed methane) under a lease issued pursuant to this Act shall-- ``(A) at a minimum, restore the land affected to a condition capable of supporting the uses that the land was capable of supporting prior to any drilling, or higher or better uses if there is reasonable likelihood that-- ``(i) the 1 or more uses do not-- ``(I) present any actual or probable hazard to public health or safety; or ``(II) pose any actual or probable threat of water diminution or pollution; and ``(ii) the declared proposed land use of the permit applicant following reclamation-- ``(I) is not impractical or unreasonable, inconsistent with applicable land use policies and plans, or involve unreasonable delay in implementation; and ``(II) does not violate Federal, State, or local law; ``(B) ensure that all reclamation efforts proceed in an environmentally sound manner and as contemporaneously as practicable with the oil and gas drilling operations; and ``(C) submit, with the plan of operations, a reclamation plan that describes in detail the methods and practices that will be used to ensure complete and timely restoration of all land affected by oil and gas operations. ``(2) Reclamation bond.-- ``(A) In general.--An operator producing oil or gas (including coalbed methane) under a lease issued under this Act shall post a bond that covers the area of land within the permit area on which the operator will initiate and conduct oil and gas drilling and reclamation operations within the initial term of the permit. ``(B) Additional bonds.--As succeeding increments of oil and gas drilling and reclamation operations are initiated and conducted within the permit area, the lessee shall file with the regulatory authority 1 or more additional bonds to cover the increments in accordance with this section. ``(C) Amount.--The amount of the bond required for each bonded area shall-- ``(i) meet the reclamation requirements of the approved permit; ``(ii) reflect the probable difficulty of reclamation considering factors such as topography, the geology of the site, hydrology, and revegetation potential; ``(iii) be determined by the Secretary; and ``(iv) be sufficient to ensure the completion of the reclamation plan if the work had to be performed by the Secretary in the event of forfeiture. ``(3) Regulations.--No later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate regulations to implement the requirements of this subsection.''. (b) Review and Report.-- (1) Review.--The Comptroller General of the United States shall conduct a review of the adequacy of the regulations promulgated by the Secretary of the Interior pursuant to subsection (r)(3) of section 17 of the Mineral Leasing Act (30 U.S.C. 226) (as added by subsection (a)) to ensure that operators will meet the requirements of subsection (r) of that section. (2) Report.--Not later than 180 days after the date on which the Secretary promulgates regulations pursuant to subsection (r)(3) of section 17 of the Mineral Leasing Act (30 U.S.C. 226) (as added by subsection (a)), the Comptroller General of the United States shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the results of the review conducted under paragraph (1), including-- (A) any findings and conclusions of the Comptroller General of the United States; and (B) any recommendations the Comptroller General may make with respect to any legislation or administrative actions the Comptroller General of the United States determines would be appropriate to ensure compliance with the requirements of subsection (r) of that section.

Surface Owner Protection Act - Amends the Mineral Leasing Act to require an operator producing oil or gas (including coalbed methane) under a federal lease to: (1) replace the water supply of a water user who obtains all or part of it from an underground or surface source affected by contamination, diminution, or interruption proximately resulting from such drilling operations; and (2) comply with federal and state law governing discharge of water produced under the lease. Prohibits the Secretary of the Interior from authorizing exploration and drilling operations on land with respect to which title to oil and gas resources is held by the United States but not the title to the surface estate, unless the operator has filed a document with the Secretary, signed by the operator and surface owners, that a written surface use agreement has been consummated meeting certain criteria. Cites conditions under which the Secretary may authorize an operator to conduct exploration and drilling operations in the absence of such an agreement. Requires the Secretary to comply with specified surface owner notification requirements. Sets forth reclamation and bond requirements.

A bill to amend the Mineral Leasing Act to ensure that development of certain Federal oil and gas resources will occur in a manner that protects water resources and respects the rights of surface owners, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Efficiency Act of 2006''. SEC. 2. NO INFERENCE. Nothing contained in this Act or the amendments made by this Act shall be construed to create any inference with respect to the determination of who is an employee or employer-- (1) for Federal tax purposes (other than the purposes set forth in the amendments made by section 3), or (2) for purposes of any other provision of law. SEC. 3. CERTIFIED PROFESSIONAL EMPLOYER ORGANIZATIONS. (a) Employment Taxes.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions relating to employment taxes) is amended by adding at the end the following new section: ``SEC. 3511. CERTIFIED PROFESSIONAL EMPLOYER ORGANIZATIONS. ``(a) General Rules.--For purposes of the taxes, and other obligations, imposed by this subtitle-- ``(1) a certified professional employer organization shall be treated as the employer (and no other person shall be treated as the employer) of any work site employee performing services for any customer of such organization, but only with respect to remuneration remitted by such organization to such work site employee, and ``(2) the exemptions and exclusions which would (but for paragraph (1)) apply shall apply with respect to such taxes imposed on such remuneration. ``(b) Successor Employer Status.--For purposes of sections 3121(a) and 3306(b)(1)-- ``(1) a certified professional employer organization entering into a service contract with a customer with respect to a work site employee shall be treated as a successor employer and the customer shall be treated as a predecessor employer during the term of such service contract, and ``(2) a customer whose service contract with a certified professional employer organization is terminated with respect to a work site employee shall be treated as a successor employer and the certified professional employer organization shall be treated as a predecessor employer. ``(c) Liability With Respect to Work Site Employees.-- ``(1) General rules.--Solely for purposes of its liability for the taxes, and other obligations, imposed by this subtitle-- ``(A) the certified professional employer organization shall be treated as the employer of any individual (other than a work site employee or a person described in subsection (e)) who is performing services covered by a contract meeting the requirements of section 7705(e)(2), but only with respect to remuneration remitted by such organization to such individual, and ``(B) the exemptions and exclusions which would (but for subparagraph (A)) apply shall apply with respect to such taxes imposed on such remuneration. ``(d) Special Rule for Related Party.--Subsection (a) shall not apply in the case of a customer which bears a relationship to a certified professional employer organization described in section 267(b) or 707(b). For purposes of the preceding sentence, such sections shall be applied by substituting `10 percent' for `50 percent'. ``(e) Special Rule for Certain Individuals.--For purposes of the taxes imposed under this subtitle, an individual with net earnings from self-employment derived from the customer's trade or business (including a partner in a partnership that is a customer) is not a work site employee with respect to remuneration paid by a certified professional employer organization. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Certified Professional Employer Organization Defined.--Chapter 79 of such Code (relating to definitions) is amended by adding at the end the following new section: ``SEC. 7705. CERTIFIED PROFESSIONAL EMPLOYER ORGANIZATIONS. ``(a) In General.--For purposes of this title, the term `certified professional employer organization' means a person who applies to be treated as a certified professional employer organization for purposes of section 3511 and who has been certified by the Secretary as meeting the requirements of subsection (b). ``(b) Certification.--A person meets the requirements of this subsection if such person-- ``(1) demonstrates that such person (and any owner, officer, and such other persons as may be specified in regulations) meets such requirements as the Secretary shall establish with respect to tax status, background, experience, business location, and annual financial audits, ``(2) represents that it will satisfy the bond and independent financial review requirements of subsections (c) on an ongoing basis, ``(3) represents that it will satisfy such reporting obligations as may be imposed by the Secretary, ``(4) computes its taxable income using an accrual method of accounting unless the Secretary approves another method, ``(5) agrees to verify the continuing accuracy of representations and information which was previously provided on such periodic basis as the Secretary may prescribe, and ``(6) agrees to notify the Secretary in writing of any change that materially affects the continuing accuracy of any representation or information which was previously made or provided. ``(c) Requirements.-- ``(1) In general.--An organization meets the requirements of this paragraph if such organization-- ``(A) meets the bond requirements of paragraph (2), and ``(B) meets the independent financial review requirements of paragraph (3). ``(2) Bond.-- ``(A) In general.--A certified professional employer organization meets the requirements of this paragraph if the organization has posted a bond for the payment of taxes under subtitle C (in a form acceptable to the Secretary) in an amount at least equal to the amount specified in subparagraph (B). ``(B) Amount of bond.--For the period April 1 of any calendar year through March 31 of the following calendar year, the amount of the bond required is equal to the greater of-- ``(i) 5 percent of the organization's liability under section 3511 for taxes imposed by subtitle C during the preceding calendar year (but not to exceed $1,000,000), or ``(ii) $50,000. ``(3) Independent financial review requirements.--A certified professional employer organization meets the requirements of this paragraph if such organization-- ``(A) has, as of the most recent audit date, caused to be prepared and provided to the Secretary (in such manner as the Secretary may prescribe) an opinion of an independent certified public accountant as to whether the certified professional employer organization's financial statements are presented fairly in accordance with generally accepted accounting principles, and ``(B) provides, not later than the last day of the second month beginning after the end of each calendar quarter, to the Secretary from an independent certified public accountant an assertion regarding Federal employment tax payments and an examination level attestation on such assertion. Such assertion shall state that the organization has withheld and made deposits of all taxes imposed by chapters 21, 22, and 24 of the Internal Revenue Code in accordance with regulations imposed by the Secretary for such calendar quarter and such examination level attestation shall state that such assertion is fairly stated, in all material respects. ``(4) Controlled group rules.--For purposes of the requirements of paragraphs (2) and (3), all professional employer organizations that are members of a controlled group within the meaning of sections 414(b) and (c) shall be treated as a single organization. ``(5) Failure to file assertion and attestation.--If the certified professional employer organization fails to file the assertion and attestation required by paragraph (3) with respect to any calendar quarter, then the requirements of paragraph (3) with respect to such failure shall be treated as not satisfied for the period beginning on the due date for such attestation. ``(6) Audit date.--For purposes of paragraph (3)(A), the audit date shall be six months after the completion of the organization's fiscal year. ``(d) Suspension and Revocation Authority.--The Secretary may suspend or revoke a certification of any person under subsection (b) for purposes of section 3511 if the Secretary determines that such person is not satisfying the representations or requirements of subsections (b) or (c), or fails to satisfy applicable accounting, reporting, payment, or deposit requirements. ``(e) Work Site Employee.--For purposes of this title-- ``(1) In general.--The term `work site employee' means, with respect to a certified professional employer organization, an individual who-- ``(A) performs services for a customer pursuant to a contract which is between such customer and the certified professional employer organization and which meets the requirements of paragraph (2), and ``(B) performs services at a work site meeting the requirements of paragraph (3). ``(2) Service contract requirements.--A contract meets the requirements of this paragraph with respect to an individual performing services for a customer if such contract is in writing and provides that the certified professional employer organization shall-- ``(A) assume responsibility for payment of wages to the individual, without regard to the receipt or adequacy of payment from the customer for such services, ``(B) assume responsibility for reporting, withholding, and paying any applicable taxes under subtitle C, with respect to the individual's wages, without regard to the receipt or adequacy of payment from the customer for such services, ``(C) assume responsibility for any employee benefits which the service contract may require the certified professional employer organization to provide, without regard to the receipt or adequacy of payment from the customer for such services, ``(D) assume responsibility for hiring, firing, and recruiting workers in addition to the customer's responsibility for hiring, firing and recruiting workers, ``(E) maintain employee records relating to the individual, and ``(F) agree to be treated as a certified professional employer organization for purposes of section 3511 with respect to such individual. ``(3) Work site coverage requirement.--The requirements of this paragraph are met with respect to an individual if at least 85 percent of the individuals performing services for the customer at the work site where such individual performs services are subject to 1 or more contracts with the certified professional employer organization which meet the requirements of paragraph (2) (but not taking into account those individuals who are excluded employees within the meaning of section 414(q)(5)). ``(f) Determination of Employment Status.--Except to the extent necessary for purposes of section 3511, nothing in this section shall be construed to affect the determination of who is an employee or employer for purposes of this title. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (c) Conforming Amendments.-- (1) Section 45B of such Code (relating to credit for portion of employer social security taxes paid with respect to employees with cash tips) is amended by adding at the end the following new subsection: ``(e) Certified Professional Employer Organizations.--For purposes of this section, in the case of a certified professional employer organization which is treated under section 3511 as the employer of a work site employee who is a tipped employee-- ``(1) the credit determined under this section shall not apply to such organization but to the customer of such organization with respect to which the work site employee performs services, and ``(2) the customer shall take into account any remuneration and taxes remitted by the certified professional employer organization.''. (2) Section 3302 of such Code is amended by adding at the end the following new subsection: ``(h) Treatment of Certified Professional Employer Organizations.-- If a certified professional employer organization (as defined in section 7705), or a client of such organization, makes a payment to the State's unemployment fund with respect to a work site employee, such organization shall be eligible for the credits available under this section with respect to such payment.''. (3) Section 3303(a) of such Code is amended-- (A) by striking the period at the end of paragraph (3) and inserting ``; and'' and by inserting after paragraph (3) the following new paragraph: ``(4) a certified professional employer organization (as defined in section 7705) is permitted to collect and remit, in accordance with paragraphs (1), (2), and (3), contributions during the taxable year to the State unemployment fund with respect to a work site employee.'', and (B) in the last sentence-- (i) by striking ``paragraphs (1), (2), and (3)'' and inserting ``paragraphs (1), (2), (3), and (4)'', and (ii) by striking ``paragraph (1), (2), or (3)'' and inserting ``paragraph (1), (2), (3), or (4)''. (4) Section 6053(c) of such Code (relating to reporting of tips) is amended by adding at the end the following new paragraph: ``(8) Certified professional employer organizations.--For purposes of any report required by this section, in the case of a certified professional employer organization that is treated under section 3511 as the employer of a work site employee, the customer with respect to whom a work site employee performs services shall be the employer for purposes of reporting under this section and the certified professional employer organization shall furnish to the customer any information necessary to complete such reporting no later than such time as the Secretary shall prescribe.''. (d) Clerical Amendments.-- (1) The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: ``Sec. 3511. Certified professional employer organizations.''. (2) The table of sections for chapter 79 of such Code is amended by inserting after the item relating to section 7704 the following new item: ``Sec. 7705. Certified professional employer organizations.''. (e) Reporting Requirements and Obligations.--The Secretary of the Treasury shall develop such reporting and recordkeeping rules, regulations, and procedures as the Secretary determines necessary or appropriate to ensure compliance with the amendments made by this Act with respect to entities applying for certification as certified professional employer organizations or entities that have been so certified. Such rules shall be designed in a manner which streamlines, to the extent possible, the application of requirements of such amendments, the exchange of information between a certified professional employer organization and its customers, and the reporting and recordkeeping obligations of the certified professional employer organization. (f) User Fees.--Subsection (b) of section 7528 of such Code (relating to Internal Revenue Service user fees) is amended by adding at the end the following new paragraph: ``(4) Certified professional employer organizations.--The fee charged under the program in connection with the certification by the Secretary of a professional employer organization under section 7705 shall not exceed $500.''. (g) Effective Dates.-- (1) In general.--The amendments made by this Act shall take effect on the January 1st of the first calendar year beginning more than 12 months after the date of the enactment of this Act. (2) Certification program.--The Secretary of the Treasury shall establish the certification program described in section 7705(b) of the Internal Revenue Code of 1986 not later than 6 months before the effective date determined under paragraph (1).

Small Business Efficiency Act of 2006 - Amends the Internal Revenue Code to treat professional employer organizations (PEOs), certified by the Internal Revenue Service (IRS), as employers for employment tax purposes (thus allowing such PEOs to pay wages and collect and remit payroll taxes on behalf of an employer). Sets forth IRS certification requirements for PEOs, including financial review and reporting requirements. Requires a PEO to post a bond (the greater of $50,000 or 5% of the organization's tax liability for the preceding calendar year not to exceed $1,000,000) to guarantee payment of employment taxes.

A bill to amend the Internal Revenue Code of 1986 to clarify the employment tax treatment and reporting of wages paid by professional employer organizations.

SECTION 1. PROGRAMS FOR MIGRANT CHILDREN. Subpart 1 of part D of chapter 1 of the Elementary and Secondary Education Act of 1965 is amended to read as follows: ``Subpart 1--Programs for Migrant Children ``SEC. 1201. STATEMENT OF PURPOSE. ``The purpose of this subpart is-- ``(1) to support high quality and comprehensive educational programs for migrant children to help reduce the multiple needs that result from repeated moves; ``(2) to ensure that migrant children are provided with appropriate educational and supportive services addressing their special needs in a coordinated and efficient manner; and ``(3) to design programs to help migrant children overcome educational disruption, cultural and language barriers, social isolation, various health-related problems, and other noninstructional factors which inhibit their ability to do well in school and to prepare such children to make a successful transition to postsecondary education or employment. ``SEC. 1202. GRANTS--ENTITLEMENT AND AMOUNT. ``(a) Entitlement.--(1) A State educational agency or a combination of such agencies shall, upon application, be entitled to receive a grant for any fiscal year under this subpart to establish or improve, either directly or through local educational agencies, programs of education which meet the requirements of section 1203 for migrant children. ``(2) In the case of any State which receives an allocation of $1,000,000 or less, the Secretary shall consult with the State educational agency regarding consortium arrangements with another State, an institution of higher education, or with a regional education laboratory to deliver services in a more effective and efficient manner. ``(3) A State, irrespective of allocation amounts, may propose a consortium agreement. ``(4) The Secretary shall approve a consortium agreement under paragraphs (2) or (3) if the proposal demonstrates that the agreement may reduce administrative overhead costs or program function costs for State programs and make more funds available for direct services to add substantially to the welfare or educational attainment of children to be served under this subpart. ``(b) Amount of Grant to States.--(1) Except as provided in paragraphs (2) and (3), the amount of each State's grant will be an amount equal to 40 percent of the average per pupil expenditure in the State multiplied by-- ``(A) the estimated number of migrant children who reside in the State full time; and ``(B) the full-time equivalent of the estimated number of migrant children who reside in the State part time, as determined by the Secretary in accordance with regulations. ``(2) If the average per pupil expenditure in the State is less than 80 percent of the average per pupil expenditure in the United States, the amount of a grant under paragraph (1) shall be 32 percent of the average per pupil expenditure in the United States for such fiscal year multiplied by-- ``(A) the estimated number of migrant children who reside in the State full time; and ``(B) the full-time equivalent of the estimated number of migrant children who reside in the State part time, as determined by the Secretary in accordance with regulations. ``(3) If the average per pupil expenditure in the State is more than 120 percent of the average per pupil expenditure in the United States, the amount of the grant under paragraph (1) shall be 48 percent of the average per pupil expenditure in the United States multiplied by-- ``(A) the estimated number of migrant children who reside in the State full time; and ``(B) the full-time equivalent of the estimated number of migrant children who reside in the State part time, as determined by the Secretary in accordance with regulations. ``(4) The Secretary shall develop a formula for adjusting the estimated number of children who reside in a State in order to reflect the number of migrant children who are served in summer programs (which may include intersession programs) in the State and the additional costs of operating such programs. The formula shall include an equitable cost factor related to the differences in costs for different program designs. ``(c) Amount of Grant to Puerto Rico.--(1) For each fiscal year, the Secretary shall determine-- ``(A) the average per pupil expenditure of the State which has the lowest such average; ``(B) the average per pupil expenditure of the Commonwealth of Puerto Rico; and ``(C) the percentage that, when multiplied by the amount described in subparagraph (A), yields the amount described in subparagraph (B). ``(2) The grant which the Commonwealth of Puerto Rico shall be eligible to receive under this section for a fiscal year shall be the amount arrived at by multiplying the number of such migrant children in the Commonwealth of Puerto Rico by the product of-- ``(A) the percentage determined under paragraph (1)(C); and ``(B) 32 percent of the average per pupil expenditure in the United States. ``(d) Error Rate.--States may make up to a 5 percent standard error rate when determining the number of eligible migrants residing within a State. ``(e) Bypass Provision.--If the Secretary determines that a State is unable or unwilling to conduct educational programs for migrant children, that it would result in more efficient and economic administration, or that it would add substantially to the welfare or educational attainment of such children, the Secretary may make special arrangements with other public or nonprofit private agencies to carry out the purposes of this section in 1 or more States, and for this purpose the Secretary may use all or part of the total of grants available for any such State under this subpart. ``SEC. 1203. PROGRAM REQUIREMENTS. ``The Secretary shall approve an application submitted under section 1202(a) which-- ``(1) provides the opportunity for migrant children to meet challenging content standards and performance standards if such standards have been adopted; ``(2) provides for educational continuity through the timely transfer of pertinent school records, including information on health, when children move from one school to another; ``(3) contains an agreement to record the migrant status of such children and their average daily attendance on State student collection data; ``(4) specifies goals and measurable outcomes in a comprehensive plan which, at a minimum, describes-- ``(A)(i) advocacy and outreach activities for migrant children and their families, including a description of education, health, nutrition, and other supportive social services to be provided directly or through cooperative agreements with other service providers; ``(ii) coordination efforts with other Federal instructional and supportive programs, including early childhood programs, the basic grant program under this chapter, the bilingual education programs established under title VII, and regular local school programs; ``(B) ongoing professional development programs, including mentoring programs for teachers and other program personnel; ``(C) parent involvement programs (as defined under section 1016), and when feasible, the establishment of instructional programs such as use of the model developed under the Even Start Family Literacy Programs that promote adult literacy and train parents to support the educational growth of their children; ``(D) the integration of information technology into educational programs; and ``(E) programs to manage the transition from school to work or to a postsecondary education for high school students; ``(5) includes assurances that programs will be administered and carried out in a manner consistent with the basic objectives of section 1011 (other than subsection (b)), sections 1012, 1014, and 1018, and subpart 2 of part F; and ``(6) gives priority to migrant children whose educational needs are greatest and whose education has been interrupted during the regular school year. ``SEC. 1204. COORDINATION OF MIGRANT EDUCATION ACTIVITIES. ``(a) Activities Authorized.--(1) After consultation with the States, the Secretary is authorized to make grants to, and enter into contracts with, State educational agencies for activities to improve the interstate and intrastate coordination (including the use of technology) among State and local educational agencies of the educational programs available for migrant children. No State educational agency may receive a grant under this subpart for more than 5 years. ``(2) Grants or contracts shall also be made under this subpart to State educational agencies to develop and establish a national program of credit exchange and accrual for migrant children so that such children will be better able to meet graduation requirements and receive high school diplomas. ``(b) Competitive Grants.--From the amounts made available for this subpart, the Secretary shall reserve not more than $1,500,000 to award, on a competitive basis, not more than 15 grants in the amount of $100,000 each to State educational agencies with approved consortium agreements described under section 1202(a)(4). Not less than 10 of such grants shall be awarded to States which receive allocations of less than $1,000,000 if such States have approved agreements. ``(c) Continuation of Services.--(1) Subject to paragraph (2), a child who is no longer a migrant child may continue to receive services for one additional school year only if comparable services are not available through other programs. ``(2) Notwithstanding paragraph (1)-- ``(A) a child who ceases to be a migrant child during a school term shall be eligible for services until the end of such term; and ``(B) secondary school students who were eligible for services in secondary school may continue to be served through credit accrual programs until graduation. ``(d) Assistance and Reporting.--(1) Not later than October 1, 1994, the Secretary shall begin to work with States to provide model information forms or other assistance to help ensure the timely transfer of students' educational and health records. ``(2) Not later than October 1, 1995, the Secretary shall submit a report to the Congress regarding the effectiveness of methods used by States to transfer records. ``(e) Definition.--For purposes of this subpart, the term `migrant child' means a child, aged 3 to 21, inclusive, who is or whose parent or guardian is a migrant agricultural worker, migrant fisherman, or migrant dairy worker and who has moved within the past 24 months-- ``(1) from one school district to another to obtain temporary or seasonal employment in agriculture, fishing, or dairy work; or ``(2) has moved from one administrative area to another, in a State that is comprised of a single school district, to enable the child, the child's guardian, or a member of the child's immediate family to obtain temporary or seasonal employment in agriculture, fishing, or dairy work. Paragraph (2) includes children of migrant fishermen if such children reside in a school district of more than 18,000 square miles and migrate a distance of 20 miles or more to temporary residences to engage in fishing activity. ``(f) Availability of Funds.--The Secretary may, from the funds appropriated for carrying out this subpart, reserve up to $5,000,000 for the purposes of this section for any fiscal year.''. SEC. 2. EFFECTIVE DATE FOR DISCONTINUATION OF MIGRANT STUDENT RECORD SYSTEM. The contract for the Migrant Student Record System in existence on the day before the date of the enactment of this Act may not continue beyond June 30, 1995. Pending the discontinuation of such system, the Secretary may not award a contract for a new Migrant Student Record Transfer System or any comparable such system, but may continue the existing contract for such system until June 30, 1995.

Amends the Elementary and Secondary Education Act of 1965 to revise provisions for programs for migrant children. Includes under program requirements a comprehensive plan which describes: (1) advocacy and outreach activities for migrant children and their families, including education, health, nutrition, and other supportive social services; (2) coordination efforts; (3) professional development; (4) parent involvement; (5) integration of information technology; and (6) transition programs. Directs the Secretary of Education to reserve funds for up to 15 competitive grants to State educational agencies with approved consortium agreements. Revises the period of eligibility so that a migrant child is one aged three through 21 whose family meets migrant requirements and has moved within the past 24 months. Allows continuation of migrant child status for an additional school year only if comparable services are not available through other programs. Directs the Secretary to begin by October 1, 1994, to work with States to provide model information forms or other assistance to help ensure the timely transfer of students' educational and health records. Prohibits: (1) continuation of the contract for the Migrant Student Record System beyond June 30, 1995; or (2) award of a new contract for that or any comparable system.

To improve education for migrant children in elementary and secondary schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Food Security Act of 1995''. SEC. 2. ASSISTANCE FOR COMMUNITY FOOD SECURITY PROJECTS. (a) Definitions.--In this section: (1) Community food security project.--The term ``community food security project'' means a community-based project that-- (A) is designed to-- (i) meet the food needs of low-income people; (ii) increase the self-reliance of communities in providing for their own food needs; and (iii) promote comprehensive, inclusive, and future-oriented solutions to local food, farm, and nutrition problems; and (B) requires a one-time infusion of Federal assistance to become self-sustaining. (2) Eligible entity.--The term ``eligible entity'' means an entity that has experience in the area of-- (A) community food work, including the development of new markets in low-income communities for agricultural producers, particularly small- and medium- sized farms; or (B) job training and business development activities for food-related businesses in low-income communities. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Authorization.--The Secretary may make grants to assist eligible entities in establishing and carrying out community food security projects. (c) Applications.--An eligible entity may submit to the Secretary an application, in such form and containing such information as the Secretary may require, that-- (1) demonstrates competency in implementing a community food security project; (2) demonstrates fiscal accountability; (3) contains an agreement that the entity will collect data and prepare reports and other documentation, as required by the Secretary; and (4) demonstrates that the entity is willing to participate in a continuing assessment of regional food security and to share information with researchers, practitioners, and other interested parties. (d) Preference for Certain Projects.--In selecting community food security projects to be supported by grants under subsection (b), the Secretary shall give preference to projects designed-- (1) to develop linkages between 2 or more sectors of the food system; (2) to support the development of entrepreneurial solutions to local food problems; (3) to develop innovative linkages between the for-profit and nonprofit food sectors; or (4) to encourage long-term planning activities and multisystem, interagency approaches. (e) Matching Funds.-- (1) Requirements.--The Federal share of the cost of establishing or carrying out a community food security project that receives assistance under subsection (b) may not exceed 50 percent of the cost during the term of the grant. (2) Calculation.--The non-Federal share of the cost of carrying out a community food security project may be provided through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services from private, State, or local sources. (f) Single Grant.--A community food security project may be supported by only a single grant under subsection (b), for a term of not to exceed 3 years. (g) Technical Assistance and Related Information.--The Secretary shall-- (1) provide technical assistance regarding community food security projects, processes, and development to entities seeking such assistance; (2) provide for the sharing of information about community food security projects and issues among and between government agencies, private for-profit and nonprofit groups, and the public through publications, conferences, and other appropriate form; and (3) participate in assessments of regional food security and share information with researchers, practitioners, and other interested parties. (h) Evaluation and Report.--The Secretary shall-- (1) provide for the evaluation of community food security projects supported using funds under this section; and (2) not later than January 30, 2000, submit to Congress a report on the results of the evaluation. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $4,000,000 for each of fiscal years 1996, 1997, 1998, 1999, and 2000.

Community Food Security Act of 1995 - Authorizes the Secretary of Agriculture to make grants for community food security projects. Authorizes appropriations.

Community Food Security Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bringing Business Back Act of 2010''. SEC. 2. INCENTIVES FOR CERTAIN EMPOWERMENT ZONE REAL PROPERTY. (a) In General.--Subchapter U of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating part V as part VI, by redesignating section 1397F as section 1397G, and by inserting after part IV the following new part: ``PART V--INCENTIVE FOR EMPOWERMENT ZONE REAL PROPERTY ``SEC. 1397F. INCOME ATTRIBUTABLE TO EMPOWERMENT ZONE REAL PROPERTY EXCLUDED FROM GROSS INCOME. ``(a) In General.--Gross income shall not include income or gain attributable to qualified real property for any taxable year beginning during the exclusion period. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified real property.-- ``(A) In general.--The term `qualified real property' means any real property-- ``(i) which is certified by the State or local zoning authority, and any economic development board, with respect to such property as meeting the requirements of subparagraph (B), and ``(ii) with respect to which an election has been made (at such time and in such form and manner as the Secretary shall by regulation prescribe) to have this section apply. ``(B) Requirements.--Property meets the requirements of this subparagraph if such property-- ``(i) is zoned for commercial use, ``(ii) has been undeveloped and vacant during the 2-year period ending on the date of certification, and ``(iii) is located within a qualified census tract. ``(C) Qualified census tract.--The term `qualified census tract' means any census tract which-- ``(i)(I) has an average poverty rate exceeding the national average poverty rate, or ``(II) has an unemployment rate above the national unemployment rate, and ``(ii) exhibits another condition of distress, such as high crime, deteriorating infrastructure, or population decline. Poverty rates shall be determined by using 2010 census data, and unemployment rates shall be determined by reference to the rate of unemployment announced by the Bureau of Labor Statistics of the Department of Labor for the months in the 2 most recently ended calendar quarters. ``(D) Economic development board.--The term `economic development board' means, with respect to any property, any entity established by law to oversee the economic development of an area within which such property is located. ``(2) Exclusion period.--The term `exclusion period' means, with respect to a taxable year, the 10 taxable year period beginning with the first taxable year beginning after the date of the enactment of this section for which the income attributable to the qualified real property exceeds the pre- depreciation expenses attributable to such real property. ``(c) Special Rules.--For purposes of this section-- ``(1) Subsequent taxpayers.--Subsection (a) shall only apply to a taxpayer who has an ownership interest in the qualified real property on the first day of the exclusion period with respect to such property. ``(2) Limitation on application of section.--An election to have this section apply may only be made once with respect to any property. ``(3) Tax-exempt use property.--This section shall not apply to any property which is tax-exempt use property (as defined in section 168(h)). ``(d) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including methods for allocating income and expenses to property and rules to prevent abuse of this section.''. (b) Clerical Amendment.--The table of parts for subchapter U of chapter 1 of such Code is amended by striking the item relating to part V and inserting the following new items: ``Part V. Incentive for Empowerment Zone Real Property. ``Part VI. Regulations.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Bringing Business Back Act of 2010 - Amends the Internal Revenue Code to exclude from gross income for a specified 10-year period, for income tax purposes, income or gain from real property that is certified as zoned for commercial use, that has been undeveloped and vacant for a 2-year period, and that is located in a qualified census tract. Defines "qualified census tract" as any census tract that has an average poverty and unemployment rate exceeding the national rate and that exhibits another condition of distress, such as high crime, deteriorating infrastructure, or population decline.

To amend the Internal Revenue Code of 1986 to exclude income attributable to certain empowerment zone real property from gross income.

SECTION 1. FINDINGS. Congress makes the following findings: (1) It is in the interest of the United States that the precarious peace process now underway in Northern Ireland and the Republic of Ireland succeed, both to ensure stability for important allies and friends of the United States and to assure a mutually beneficial flow of trade and commerce. (2) Locally sustainable economic development within Northern Ireland and the border counties of the Republic of Ireland creates the basis for political stability and enhances the likelihood of peace. (3)(A) The granting of reasonable tariff concessions for products and goods originating in Northern Ireland and the border counties of the Republic of Ireland will provide an incentive for such development. (B) Because both the United Kingdom and the Republic of Ireland are members of the European Union (hereafter in this Act referred to as the ``EU''), tariff issues relating to Northern Ireland and the border counties of the Republic of Ireland are subject to the common commercial policy provided for in Article 113 of the Treaty of Rome, and any negotiations concerning them must conform to EU law and Paragraphs 5, 6, 7, and 8 of Article XXIV of the GATT 1994. (C) While there is no precedent in EU practice for the free trade agreement contemplated in this Act, the effect of such an agreement will be to support important on-going efforts by the EU to achieve greater social cohesion in a unique and disadvantaged region, to the long-term benefit of the EU, the United States, and the larger international community. (4) The President should be authorized to negotiate such concessions in accordance with the terms and conditions set forth in the Act. SEC. 2. FREE TRADE AGREEMENT WITH NORTHERN IRELAND. (a) Negotiations.-- (1) In general.--The President may enter into a trade agreement with respect to qualified areas of Northern Ireland and the Republic of Ireland which provides for-- (A) the harmonization, reduction, and elimination of trade barriers; (B) the prohibition of or limitations on the imposition of trade barriers; and (C) the elimination or reduction of any duty imposed by the United States. (2) Agreement limited to qualified areas of northern ireland and the republic of ireland.--Notwithstanding any other provision of law, no trade benefit shall be extended to any country by reason of the extension of any trade benefit to another country under a trade agreement entered into under paragraph (1) with such other country. (b) Limitations and Staging.-- (1) In general.--No proclamation may be made under subsection (a) that-- (A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on the date of enactment of this Act) to a rate of duty which is less than 5 percent of the rate of duty that applies on such a date of enactment; (B) reduces the rate of duty on an article over a period greater than 10 years after the first reduction that is proclaimed to carry out a trade agreement with respect to such article; or (C) increase any rate of duty above the rate that applies on the date of enactment of this Act. (2) Limitation on aggregate reduction.--The aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement entered into under subsection (a) shall not exceed the aggregate reduction which would have been in effect on such a day if a reduction of 3 percent ad valorem per year or a reduction of 10 percent per year of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed pursuant to subsection (a). (3) Exemption from staging.--No staging is required under paragraph (2) with respect to a duty reduction that is proclaimed under subsection (a) for an article of a kind that is not produced in the United States. The United States International Trade Commission shall advise the President of the identity of articles that may be exempted from staging under this paragraph. (4) Rounding.--If the President determines that such action will simplify the computation of reductions under paragraph (1) or (2), the President may round an annual reduction by an amount equal to the lesser of-- (A) the difference between the reduction without regard to this paragraph and the next lower whole number; or (B) one-half of 1 percent ad valorem. (5) Other limitations.--A rate of duty reduction or increase that may not be proclaimed by reason of paragraph (1) may take effect only if a provision authorizing such reduction is included within an implementing bill provided for in connection with the agreement authorized by this Act and that bill is enacted into law. SEC. 3. CRITERIA FOR DUTY-FREE TREATMENT OF ARTICLES. (a) In General.-- (1) Article must be growth, product, or manufacture of qualified area of northern ireland or the republic of ireland.--The reduction or elimination of any duty imposed on any article by the United States provided for in a trade agreement entered into with a qualified area of Northern Ireland or the Republic of Ireland under this Act shall apply only if-- (A) that article is the growth, product, or manufacture of a qualified area of Northern Ireland or the Republic of Ireland or is a new or different article of commerce that has been grown, produced, or manufactured in a qualified area of Northern Ireland or the Republic of Ireland; (B) that article is imported directly from a qualified area of Northern Ireland or the Republic of Ireland into the customs territory of the United States; and (C) the sum of-- (i) the cost of value of the materials produced in a qualified area of Northern Ireland or the Republic of Ireland, plus (ii) the direct costs of processing operations performed in a qualified area of Northern Ireland or the Republic of Ireland, is not less than 35 percent of the appraised value of such article at the time it is entered. If the cost or value of materials produced in the customs territory of the United States is included with respect to an article to which this subsection applies, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributable to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (C). (2) Other requirements.--No article may be considered to meet the requirements of paragraph (1)(A) by virtue of having merely undergone-- (A) simple combining or packaging operations; or (B) mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article. (b) Direct Costs.--As used in this section, the term ``direct costs of processing operations''-- (1) includes, but is not limited to-- (A) all actual labor costs involved in the growth, production, manufacture, or assembly of the specific merchandise, including fringe benefits, on-the-job training, and the cost of engineering, supervisory, quality control, and similar personnel; and (B) dies, molds, tooling, and depreciation on machinery and equipment which are allocable to the specific merchandise; and (2) does not include costs which are not directly attributable to the merchandise concerned, or are not costs of manufacturing the product, such as-- (A) profit; and (B) general expenses of doing business which are either not allocable to the specific merchandise or are not related to the growth, production, manufacture, or assembly of the merchandise, such as administrative salaries, casualty and liability insurance, advertising, and salesmen's salaries, commissions, or expenses. (c) Regulations.--The Secretary of the Treasury, after consultation with the United States Trade Representative, shall prescribe such regulations as may be necessary to carry out this section. SEC. 4. ITC REPORTS. Before any reduction or elimination of any duty is proclaimed with respect to any article under this Act, the United States International Trade Commission shall advise the President regarding the probable economic effect of providing duty-free treatment for such article that is a product of a qualified area of Northern Ireland or the Republic of Ireland on industries in the United States producing like or directly competitive articles and on consumers. SEC. 5. CONSULTATION WITH CONGRESS BEFORE AGREEMENT ENTERED INTO. (a) Consultation.--Before entering into any trade agreement under this Act, the President shall consult with-- (1) the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; and (2) each other committee of the House of Representatives and the Senate, and each joint committee of the Congress, which has jurisdiction over legislation involving subject matters which would be affected by the trade agreement. (b) Scope.--The consultation described in subsection (a) shall include consultation with respect to-- (1) the nature of the agreement; (2) how the agreement related to the obligations of the parties; and (3) all matters relating to the implementation of the agreement, including whether the agreement includes subject matter for which supplemental implementing legislation may be required. SEC. 6. IMPLEMENTATION OF TRADE AGREEMENTS. (a) Notification and Submission.--Any agreement entered into under this Act shall enter into force with respect to the United States if (and only if)-- (1) the President, at least 90 calendar days before the day on which the President enters into the trade agreement, notifies the House of Representatives and the Senate of the President's intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register; (2) within 60 days after entering into the agreement, the President submits to Congress a description of those changes to existing laws that the President considers would be required in order to bring the United States into compliance with the agreement; (3) after entering into the agreement, the President submits a copy of the final text of the agreement, together with-- (A) a draft of an implementing bill, if necessary; (B) a statement of any administrative action proposed to implement the trade agreement; and (C) the supporting information described in paragraph (2); and (4) the implementing bill, if necessary, is enacted into law. (b) Supporting Information.--The supporting information required under subsection (a)(3)(C) consists of-- (1) an explanation as to how the implementing bill and proposed administrative action will change or affect existing law; and (2) a statement setting forth the reasons of the President regarding how the agreement serves the interest of United States commerce. SEC. 7. DEFINITIONS. As used in this Act: (1) Qualifying area.-- (A) In general.--The term ``qualifying area'' means a county that-- (i) is contiguous to Northern Ireland; (ii) suffers from the severest form of economic deprivation, as defined by the United Kingdom's report, Relative Deprivation in Northern Ireland, Occasional Paper Number 28, Policy Planning and Research Unit, September, and the European Union's report, Special Support Programme for Peace and Reconciliation 1995-1999, including-- (I) in Northern Ireland, the counties of Derry, Limavady, Strabane, Magherafelt, Omagh, Cookstown, Dungannon, Fermanagh, Moyle, Newry and Mourne, Armagh, and those parts of Belfast Urban area known as ``Making Belfast Work'' designated areas; and (II) in the Republic of Ireland, the border counties of Donegal, Sligo, Leitrim, Cavan, Monaghan and Louth; (iii) has a rate of unemployment higher than the local or urban average of unemployment in Northern Ireland; and (iv) in the case of county in which there is a history of workplace discrimination, meets the requirements of subparagraph (B). (B) Requirements.--A county meets the requirements of this subparagraph if the employers in that county are in compliance with the principles of economic justice known as the ``MacBride Principles'', which are-- (i) increasing the representation of individuals from underrepresented religious groups in the workforce, including managerial, supervisory, administrative, clerical, and technical jobs; (ii) providing adequate security for the protection of minority employees at the workplace; (iii) banning provocative sectarian or political emblems from the workplace; (iv) providing that all job openings be advertised publicly and providing that special recruitment efforts be made to attract applicants from underrepresented religious groups; (v) providing that layoff, recall, and termination procedures do not favor a particular religious group; (vi) abolishing job reservations, apprenticeship restrictions, and differential employment criteria which discriminate on the basis of religion; (vii) providing for the development of training programs that will prepare substantial numbers of minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the skills of minority employees; (viii) establishing procedures to assess, identify, and actively recruit minority employees with the potential for further advancement; and (ix) providing for the appointment of a senior management staff member to be responsible for the employment efforts of the entity and, within a reasonable period of time, the implementation of the principles described in clauses (i) through (viii). (2) GATT 1994.--The term ``GATT 1994'' has the meaning given that term in section 2(1)(B) of the Uruguay Round Agreements Act (19 U.S.C. 3501(1)(B)).

Authorizes the President to enter into a free trade agreement with qualified areas of Northern Ireland and the Republic of Ireland that provides for: (1) harmonization, reduction and elimination of trade barriers; (2) prohibition of or limitations on the imposition of such barriers; and (3) elimination or reduction of duties imposed by the United States. Sets forth criteria for the duty-free treatment of qualified area products. Limits such qualified areas to areas of Northern Ireland and the Republic of Ireland contiguous to Northern Ireland suffering from the severest form of economic deprivation, with a higher than average unemployment. Requires employers to comply with the MacBride Principles of economic justice. Requires the International Trade Commission, before any reduction or elimination of duty is proclaimed with respect to an article, to advise the President of the probable economic effect of duty-free treatment on U.S. industries producing like or directly competitive articles, and on consumers. Requires the President to consult with the Congress, according to a specified procedure, before entering into, or implementing, any free trade agreement under this Act.

A bill to authorize the President to enter into a trade agreement concerning Northern Ireland and certain border counties of the Republic of Ireland, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Harriet Tubman National Historical Park and Harriet Tubman Underground Railroad National Historical Park Act''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds that-- (1) Harriet Tubman (born Araminta ``Minty'' Ross)-- (A) was born into slavery in Maryland around 1822; (B) married John Tubman at age 25; (C) endured through her youth and young adulthood the hardships of enslaved African-Americans; and (D) boldly emancipated herself from bondage in 1849; (2) not satisfied with attaining her own freedom, Harriet Tubman-- (A) returned repeatedly for more than 10 years to the places of her enslavement in Dorchester and Caroline Counties, Maryland; and (B) under the most adverse circumstances led away many family members and acquaintances to freedom in the northern region of the United States and Canada; (3) Harriet Tubman was-- (A) called ``Moses'' by African-Americans and white abolitionists; and (B) acknowledged as one of the most prominent ``conductors'' of the resistance that came to be known as the ``Underground Railroad''; (4) in 1868, Frederick Douglass wrote that, with the exception of John Brown, Douglass knew of ``no one who has willingly encountered more perils and hardships to serve our enslaved people'' than Harriet Tubman; (5) during the Civil War, Harriet Tubman-- (A) was recruited to assist Union troops as a nurse, a scout, and a spy; and (B) served in Virginia, Florida, and South Carolina, where she is credited with facilitating the rescue of hundreds of enslaved people; (6) Harriet Tubman established in Auburn, New York, one of the first incorporated homes for aged African-Americans in the United States, which, 10 years before her death, she bequeathed to the African Methodist Episcopal Zion Church; (7) there are nationally significant resources comprised of relatively unchanged landscapes associated with the early life of Harriet Tubman in Caroline, Dorchester, and Talbot Counties, Maryland; (8) there are nationally significant resources relating to Harriet Tubman in Auburn, New York, including-- (A) the residence of Harriet Tubman; (B) the Tubman Home for the Aged; (C) the Thompson Memorial AME Zion Church; and (D) the final resting place of Harriet Tubman in Fort Hill Cemetery; (9) in developing interpretive programs, the National Park Service would benefit from increased scholarship of the African-American experience during the decades preceding the Civil War and throughout the remainder of the 19th century; and (10) it is fitting and proper that the nationally significant resources relating to Harriet Tubman be preserved for future generations as units of the National Park System so that people may understand and appreciate the contributions of Harriet Tubman to the history and culture of the United States. (b) Purposes.--The purposes of this Act are-- (1) to preserve and promote stewardship of the resources in Auburn, New York, and Caroline, Dorchester, and Talbot Counties, Maryland, relating to the life and contributions of Harriet Tubman; (2) to provide for partnerships with the African Methodist Episcopal Zion Church, the States of New York and Maryland, political subdivisions of the States, the Federal Government, local governments, nonprofit organizations, and private property owners for resource protection, research, interpretation, education, and public understanding and appreciation of the life and contributions of Harriet Tubman; (3) to sustain agricultural and forestry land uses in Caroline, Dorchester, and Talbot Counties, Maryland, that remain evocative of the landscape during the life of Harriet Tubman; and (4) to establish a competitive grants program for scholars of African-American history relating to Harriet Tubman and the Underground Railroad. SEC. 3. DEFINITIONS. In this Act: (1) Church.--The term ``Church'' means the Thompson Memorial AME Zion Church located in Auburn, New York. (2) Historically black college or university.--The term ``historically Black college or university'' has the meaning given the term ``part B institution'' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)). (3) Predominantly black institution.--The term ``Predominantly Black Institution'' has the meaning given the term in section 499A(c) of the Higher Education Act of 1965 (20 U.S.C. 1099e(c)). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Visitor center.--The term ``Visitor Center'' means the Harriet Tubman Underground Railroad State Park Visitor Center to be constructed under section 5(d). SEC. 4. ESTABLISHMENT OF HARRIET TUBMAN NATIONAL HISTORICAL PARK. (a) Establishment.--On the execution of easements with the Church, the Secretary shall-- (1) establish the Harriet Tubman National Historical Park (referred to in this section as the ``Historical Park'') in the City of Auburn, New York, as a unit of the National Park System; and (2) publish notice of the establishment of the Historical Park in the Federal Register. (b) Boundary.-- (1) In general.--The Historical Park shall be comprised of structures and properties associated with the Harriet Tubman home, the Tubman Home for the Aged, the Church, and the Rectory, as generally depicted on the map entitled ``Harriet Tubman National Historical Park--Proposed Boundary'', numbered [____], and dated [___]. (2) Availability of map.--The map described in paragraph (1) shall be available for public inspection in the appropriate offices of the National Park Service. (c) Acquisition of Land.--The Secretary may acquire from willing sellers, by donation, purchase with donated or appropriated funds, or exchange, land or interests in land within the boundary of the Historical Park. (d) Financial Assistance.--The Secretary may provide grants to, and enter into cooperative agreements with-- (1) the Church for-- (A) historic preservation of, rehabilitation of, research on, and maintenance of properties within the boundary of the Historical Park; and (B) interpretation of the Historical Park; (2) the Fort Hill Cemetery Association for maintenance and interpretation of the gravesite of Harriet Tubman; and (3) the State of New York, any political subdivisions of the State, the City of Auburn, and nonprofit organizations for-- (A) preservation and interpretation of resources relating to Harriet Tubman in the City of Auburn, New York; (B) conducting research, including archaeological research; and (C) providing for stewardship programs, education, public access, signage, and other interpretive devices at the Historical Park for interpretive purposes. (e) Interpretation.--The Secretary may provide interpretive tours to sites located outside the boundaries of the Historical Park in Auburn, New York, that include resources relating to Harriet Tubman. (f) General Management Plan.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this subsection, the Secretary, in cooperation with the Church, shall complete a general management plan for the Historical Park in accordance with section 12(b) of Public Law 91-383 (16 U.S. C. 1a-7(b)). (2) Coordination.--The Secretary shall coordinate the preparation and implementation of the general management plan for the Harriet Tubman National Historical Park with-- (A) the Harriet Tubman Underground Railroad National Historical Park in Maryland; and (B) the National Underground Railroad: Network to Freedom. SEC. 5. ESTABLISHMENT OF THE HARRIET TUBMAN UNDERGROUND RAILROAD NATIONAL HISTORICAL PARK. (a) Establishment.--There is established as a unit of the National Park System the Harriet Tubman Underground Railroad National Historical Park (referred to in this section as the ``Historical Park'') in Caroline, Dorchester, and Talbot Counties, Maryland. (b) Boundary.-- (1) In general.--The boundary of the Historical Park shall consist of certain landscapes and associated resources relating to the early life and enslavement of Harriet Tubman and the Underground Railroad, as generally depicted on the map entitled ``Harriet Tubman Underground Railroad National Historical Park--Proposed Boundary'', numbered [____], and dated [_____]. (2) Additional sites.--The Secretary, after consultation with landowners, the State of Maryland, and units of local government, may modify the boundary of the Historical Park to include additional resources relating to Harriet Tubman that-- (A) are located within the vicinity of the Historical Park; and (B) are identified in the general management plan prepared under subsection (g) as appropriate for interpreting the life of Harriet Tubman. (3) Availability of map.--On modification of the boundary of the Historical Park under paragraph (2), the Secretary shall make available for public inspection in the appropriate offices of the National Park Service a revised map of the Historical Park. (c) Acquisition of Land.--The Secretary may acquire from willing sellers, by donation, purchase with donated or appropriated funds, or exchange, land or an interest in land within the boundaries of the Historical Park. (d) Grants.--In accordance with section 7(b)(2), the Secretary may provide grants-- (1) to the State of Maryland, political subdivisions of the State, and nonprofit organizations for the acquisition of less than fee title (including easements) or fee title to land in Caroline, Dorchester, and Talbot Counties, Maryland, within the boundary of the Historical Park; and (2) on execution of a memorandum of understanding between the State of Maryland and the Director of the National Park Service, to the State of Maryland for the construction of the Harriet Tubman Underground Railroad State Park Visitor Center on land owned by the State of Maryland in Dorchester County, Maryland, subject to the condition that the State of Maryland provide the Director of the National Park Service, at no additional cost, sufficient office space and exhibition areas in the Visitor Center to carry out the purposes of the Historical Park. (e) Financial Assistance.--The Secretary may provide grants to, and enter into cooperative agreements with, the State of Maryland, political subdivisions of the State, nonprofit organizations, colleges and universities, and private property owners for-- (1) the restoration or rehabilitation, public use, and interpretation of sites and resources relating to Harriet Tubman; (2) the conduct of research, including archaeological research; (3) providing stewardship programs, education, signage, and other interpretive devices at the sites and resources for interpretive purposes; and (4)(A) the design and construction of the Visitor Center; and (B) the operation and maintenance of the Visitor Center. (f) Interpretation.--The Secretary may provide interpretive tours to sites and resources located outside the boundary of the Historical Park in Caroline, Dorchester, and Talbot Counties, Maryland, relating to the life of Harriet Tubman and the Underground Railroad. (g) General Management Plan.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this subsection, the Secretary, in coordination with the State of Maryland, political subdivisions of the State, and the United States Fish and Wildlife Service, shall complete a general management plan for the Historical Park in accordance with section 12(b) of Public Law 91-383 (16 U.S. C. 1a-7(b)). (2) Coordination.--The Secretary shall coordinate the preparation and implementation of the general management plan for the Historical Park with-- (A) the Harriet Tubman National Historical Park in Auburn, New York; (B) the National Underground Railroad: Network to Freedom; (C) the Maryland Harriet Tubman Underground Railroad State Park; and (D) the Harriet Tubman Underground Railroad Byway in Dorchester and Caroline Counties, Maryland. (3) Priority treatment.--The general management plan for the Historical Park shall give priority to the adequate protection of, interpretation of, public appreciation for, archaeological investigation of, and research on Stewart's Canal, the Jacob Jackson home site, the Brodess Farm, the Ben Ross and Anthony Thompson properties on Harrisville Road, and the James Cook site, all of which are privately owned and located in the Blackwater National Wildlife Refuge. (h) Blackwater National Wildlife Refuge.-- (1) Interagency agreement.--The Secretary shall ensure that, not later than 1 year after the date of enactment of this Act, the National Park Service and the United States Fish and Wildlife Service enter into an interagency agreement that-- (A) promotes and mutually supports the compatible stewardship and interpretation of Harriet Tubman resources at the Blackwater National Wildlife Refuge; and (B) provides for the maximum level of cooperation between those Federal agencies to further the purposes of this Act. (2) Effect of act.--Nothing in this Act modifies, alters, or amends the authorities of the United States Fish and Wildlife Service in the administration and management of the Blackwater National Wildlife Refuge. SEC. 6. ADMINISTRATION. (a) In General.--The Secretary shall administer the Harriet Tubman National Historical Park and the Harriet Tubman Underground Railroad National Historical Park in accordance with this Act and the laws generally applicable to units of the National Park System including-- (1) the National Park Service Organic Act (16 U.S.C. 1 et seq.); and (2) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) Park Regulations.--Notwithstanding subsection (a), regulations and policies applicable to units of the National Park System shall apply only to Federal land administrated by the National Park Service that is located within the boundary of the Harriet Tubman Underground Railroad National Historical Park. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as are necessary to carry out this Act (other than subsection (b)), including the provision of National Park Service personnel and National Park Service management funds for the Harriet Tubman National Historical Park and the Harriet Tubman Underground Railroad National Historical Park. (b) Grants.--There are authorized to be appropriated not more than-- (1) $7,500,000 to provide grants to the Church for-- (A) historic preservation, rehabilitation, and restoration of resources within the boundary of the Harriet Tubman National Historical Park; and (B) the costs of design, construction, installation, and maintenance of exhibits and other interpretive devices authorized under section 4(d)(1)(B); (2) $11,000,000 for grants to the State of Maryland for activities authorized under subsections (d)(1) and (e)(4)(A) of section 5; and (3) $200,000 for fiscal year 2009 and each fiscal year thereafter for competitive grants to historically Black colleges and universities, Predominately Black Institutions, and minority serving institutions for research into the life of Harriet Tubman and the African-American experience during the years that coincide with the life of Harriet Tubman. (c) Cost-Sharing Requirement.-- (1) Church and visitor center grants.--The Federal share of the cost of activities provided grants under paragraph (1) or (2) of subsection (b) and any maintenance, construction, or utility costs incurred pursuant to a cooperative agreement entered into under section 4(d)(1)(A) or section 5(e) shall not be more than 50 percent. (2) Historically black colleges and universities.--The Federal share of the cost of activities provided assistance under subsection (b)(3) shall be not more than 75 percent. (3) Form of non-federal share.--The non-Federal share required under this subsection may be in the form of in-kind contributions of goods or services fairly valued.

Harriet Tubman National Historical Park and Harriet Tubman Underground Railroad National Historical Park Act - Establishes in the City of Auburn, New York, the Harriet Tubman National Historical Park as a unit of the National Park System. Establishes in Caroline, Dorchester, and Talbot Counties, Maryland, the Harriet Tubman Underground Railroad National Historical Park as a unit of the National Park System. Authorizes the Secretary of the Interior to provide grant funding and enter into cooperative agreements with certain entities for the historic preservation, rehabilitation, interpretation, and maintenance of such historical parks. Requires the Secretary to complete a general management plan for them.

A bill to establish the Harriet Tubman National Historical Park in Auburn, New York, and the Harriet Tubman Underground Railroad National Historical Park in Caroline, Dorchester, and Talbot Counties, Maryland, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Labor Union Slowdowns Act of 2017'' or the ``PLUS Act''. SEC. 2. DETERRING LABOR SLOWDOWNS. (a) Amendments to the National Labor Relations Act.--The National Labor Relations Act is amended-- (1) in section 1 (29 U.S.C. 151), by adding at the end the following: ``International trade is one of the most important components of the economy of the United States and will likely continue to grow in the future. In order to remain competitive in an increasingly competitive global economy, it is essential that the United States possess a highly efficient and reliable public and private transportation network. The ports of the United States are an increasingly important part of such transportation network. Experience has demonstrated that frequent and periodic disruptions to commerce in the maritime industry in the form of deliberate and unprotected labor slowdowns at the ports of the United States have led to substantial and frequent economic disruption and loss, interfering with the free flow of domestic and international commerce and threatening the economic health of the United States, as well as its citizens and businesses. Such frequent and periodic disruptions to commerce in the maritime industry hurt the reputation of the United States in the global economy, cause the ports of the United States to lose business, and represent a serious and burgeoning threat to the financial health and economic stability of the United States. It is hereby declared to be the policy of the United States to eliminate the causes and mitigate the effects of such disruptions to commerce in the maritime industry and to provide effective and prompt remedies to individuals injured by such disruptions.''; (2) in section 2 (29 U.S.C. 152), by adding at the end the following: ``(15) The term `employee engaged in maritime employment' has the meaning given the term `employee' in section 2(3) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 902(3)). ``(16) The term `labor slowdown'-- ``(A) includes any intentional effort by employees to reduce productivity or efficiency in the performance of any duty of such employees; and ``(B) does not include any such effort required by the good faith belief of such employees that an abnormally dangerous condition exists at the place of employment of such employees.''; (3) in section 8(b) (29 U.S.C. 158(b))-- (A) in paragraph (6), by striking ``and'' after the semicolon; (B) in paragraph (7), by striking the period at the end of the matter following subparagraph (C) and inserting ``; and''; and (C) by adding at the end the following: ``(8) in representing, or seeking to represent, employees engaged in maritime employment, to engage in a labor slowdown at any time, including when a collective-bargaining agreement is in effect.''; and (4) in section 10(l) (29 U.S.C. 160(l)), in the first sentence, by striking ``or section 8(b)(7)'' and inserting ``or paragraph (7) or (8) of section 8(b)''. (b) Amendment to the Labor Management Relations Act, 1947.--Section 303 of the Labor Management Relations Act, 1947 (29 U.S.C. 187) is amended-- (1) in subsection (a), by striking ``in section 8(b)(4)'' and inserting ``under paragraph (4) or (8) of section 8(b)''; (2) in subsection (b), by adding at the end the following: ``With respect to any unfair labor practice under section 8(b)(8) of the National Labor Relations Act (29 U.S.C. 158(b)(8)), the damages recovered shall be in an amount equal to 2 times the amount of damages sustained and the cost of the suit shall include any reasonable attorney fees and expert witness fees.''; and (3) by adding at the end the following: ``(c) In an action for damages resulting from a violation of section 8(b)(8) of the National Labor Relations Act (29 U.S.C. 158(b)(8)), it shall not be a defense that the injured party has, in any manner, waived, or purported to waive, the right of such party to pursue monetary damages relating to the labor slowdown at issue-- ``(1) in connection with a contractual grievance alleging a violation of a clause prohibiting a strike, or a similar clause, in a collective-bargaining agreement; or ``(2) in connection with an action for a breach of such a clause under section 301.''.

Preventing Labor Union Slowdowns Act of 2017 or the PLUS Act This bill amends the National Labor Relations Act to make it an unlawful labor practice for a labor organization or its agents while representing, or seeking to represent, employees engaged in maritime employment to engage in a labor slowdown at any time, including when a collective-bargaining agreement is in effect. The bill amends the Labor Management Relations Act, 1947 to allow a party injured by a labor slowdown to recover two times the amount of damages sustained and reasonable attorney fees and expert witness fees.

Preventing Labor Union Slowdowns Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ordnance and Explosives Risk Management Act''. SEC. 2. SINGLE POINT OF CONTACT FOR POLICY AND BUDGETING ISSUES REGARDING FORMER MILITARY RANGES. Section 2701 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(k) UXO Program Manager.--The Secretary of Defense shall establish a program manager for unexploded ordnance (UXO) and other abandoned military munitions who shall serve as the single point of contact in the Department of Defense for policy and budgeting issues involving the characterization, remediation, and management of explosive and related risks at former military ranges (as defined in section 2410 of this title) known or suspected to contain unexploded ordnance or other abandoned military munitions that pose a threat to human health or safety. The authority of the Secretary may not be further delegated, other than to the Secretary of the Army and the Under Secretary of the Army.''. SEC. 3. INVENTORY OF EXPLOSIVE RISK SITES AT FORMER MILITARY RANGES. (a) Inventory Required.--(1) Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2710. Former military ranges: inventory of explosive risk sites; use of inventory; public safety issues ``(a) Definitions.--In this section: ``(1) The term `former military range' means a military range presently located in the United States that-- ``(A) is or was owned by, leased to, or otherwise possessed or used by the Federal Government; ``(B) is designated as a closed, transferred, or transferring military range (rather than as an active or inactive range); or ``(C) is or was used as a site for the disposal of military munitions or for the use of military munitions in training or research, development, testing, and evaluation. ``(2) The term `abandoned military munitions' means unexploded ordnance and other abandoned military munitions, including components thereof and chemical weapons materiel, that pose a threat to human health or safety. ``(3) The term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions. ``(4) The term `United States', in a geographic sense, includes the Commonwealth of Puerto Rico and the territories and possessions. ``(b) Inventory Required.--(1) The Secretary of Defense shall develop and maintain an inventory of former military ranges that are known or suspected to contain abandoned military munitions. ``(2) The information for each former military range in the inventory shall include, at a minimum, the following: ``(A) A unique identifier for the range and its current designation as either a closed, transferred, or transferring range. ``(B) An appropriate record showing the location, boundaries, and extent of the range, including identification of the State and political subdivisions of the State in which the range is located and any Tribal lands encompassed by the range. ``(C) Known persons and entities, other than a military department, with any current ownership interest or control of lands encompassed by the range. ``(D) Any restrictions or other land use controls currently in place that might affect the potential for public and environmental exposure to abandoned military munitions. ``(c) Site Prioritization.--(1) With respect to each former military range included on the inventory, the Secretary of Defense shall assign the range a relative priority for response activities based on the overall conditions at the range. The level of response priority assigned the range shall be included with the information required by subsection (b)(2) to be maintained for the range. ``(2) In assigning the response priority for a former military range, the Secretary of Defense shall primarily consider factors relating to safety and environmental hazard potential, such as the following: ``(A) Whether there are known, versus suspected, abandoned military munitions on all or any portion of the range and the types of munitions present or suspected to be present. ``(B) Whether public access to the range is controlled, and the effectiveness of these controls. ``(C) The potential for direct human contact with abandoned military munitions at the range and evidence of people entering the range. ``(D) Whether a response action has been or is being undertaken at the range under the Formerly Used Defense Sites program or other programs. ``(E) The planned or mandated dates for transfer of the range from military control. ``(F) The extent of any documented incidents involving abandoned military munitions at or from the range. In this subparagraph, the term `incidents' means any or all of the following: explosions, discoveries, injuries, reports, and investigations. ``(G) The potential for drinking water contamination or the release of weapon components into the air. ``(H) The potential for destruction of sensitive ecosystems and damage to natural resources. ``(d) Updates and Availability.--(1) The Secretary of Defense shall annually update the inventory and site prioritization list to reflect new information that becomes available. The inventory shall be available in published and electronic form. ``(2) The Secretary of Defense shall work with adjacent communities to provide information concerning conditions at the former military range and response activities, and shall respond to inquiries. At a minimum, the Secretary shall notify immediately affected individuals, appropriate State, local, tribal, and Federal officials, and, when appropriate, civil defense or emergency management agencies.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2710. Former military ranges: inventory of explosive risk sites; use of inventory; public safety issues.''. (b) Initial Inventory.--The inventory required by section 2710 of title 10, United States Code, as added by subsection (a), shall be completed and made available not later than 180 days after the date of the enactment of this Act. SEC. 4. SEPARATE DEPARTMENT OF DEFENSE ACCOUNT FOR REMOVAL AND CLEANUP OF ABANDONED MILITARY MUNITIONS. (a) Establishment and Use.--Section 2703 of title 10, United States Code, is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(6) An account to be known as the `Abandoned Military Munitions Account, Defense'.''; and (2) in subsection (b)(1)-- (A) by striking ``and'' at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) in the case of the account established under subsection (a)(6), to carry out the activities required under section 2710 of this title and to provide for the removal of, and cleanup associated with the presence of, abandoned military munitions at former military ranges (as such terms are defined in subsection (a) of such section).''. (b) Budget Request.--Subsection (c) of such section is amended by adding before the period at the end the following: ``and the amounts requested for deposit in the account established under subsection (a)(6) for use as provided in subsection (b)(1)(C)''. SEC. 5. ENHANCED SECURITY MEASURES AT FORMER MILITARY RANGES AND PUBLIC AWARENESS EFFORTS REGARDING DANGERS ASSOCIATED WITH SUCH RANGES. Section 2710 of title 10, United States Code, as added by section 3, is amended by adding at the end the following new subsection: ``(e) Site Security Plan.--(1) Not later than 18 months after the inclusion of a former military range on the inventory, the Secretary of Defense shall prepare a site security plan for the range describing the measures (such as patrols, signs and other informational materials, maps, and fencing and other physical barriers) to be used-- ``(A) to restrict public access to abandoned military munitions at or from the range; and ``(B) to inform and educate the public as to the risks of handling abandoned military munitions and related items. ``(2) The Secretary of Defense is encouraged to cooperate with property owners (including Federal land management agencies), State, Federal, and tribal governments, private industry, institutions of higher education, non-governmental organizations, and other interested persons in developing the site security plan for a former military range. ``(3) The Secretary of Defense may enter into a memorandum of agreement with a Federal agency, and cooperative agreements with non- Federal entities referred to in paragraph (2), to support the implementation of specific elements of the site security plan for a former military range.''. SEC. 6. INDEPENDENT OVERSIGHT PANEL. The Program Manager for UXO shall establish an independent advisory and review panel that shall include the National Academy of Sciences, one nongovernmental organization with expertise in UXO, the Environmental Protection Agency, and a representative of the States. The panel shall be responsible for reporting annually to Congress on progress made by the Department of Defense and make recommendations for UXO program improvement.

Ordnance and Explosives Risk Management Act - Directs the Secretary of Defense to establish a program manager for unexploded ordnance (UXO) and other abandoned military munitions who shall serve as the single point of contact in the Department of Defense for policy and budgeting issues involving the characterization, remediation, and management of explosives and related risks at former military ranges known or suspected to contain UXO or other abandoned military munitions that pose a threat to human health or safety. Requires the Secretary to develop and maintain an inventory of former military ranges that are known or suspected to contain abandoned munitions, to prioritize each such range according to overall conditions, and to annually update the inventory and prioritization.Establishes the Abandoned Military Munitions Account, Defense, for the removal and cleanup of abandoned military munitions.Directs the Secretary to prepare a site security plan for each range listed on the inventory.Requires the UXO program manager to establish an independent UXO advisory and review panel.

To amend title 10, United States Code, to require the development and maintenance of an inventory of sites within former military ranges known or suspected to contain unexploded ordnance (UXO) or other abandoned military munitions that pose a threat to human health, human safety, or the environment, to improve security at such sites and public awareness of the dangers associated with such sites, and for other purposes.

SECTION 1. JUDICIAL REVIEW OF ADOPTION OR REVISION OF SCHEDULE OF RATINGS FOR DISABILITIES. (a) Restatement of Current Authority With Authority for Review.-- The text of section 502 of title 38, United States Code, is amended to read as follows: ``(a) An action of the Secretary to which section 552(a)(1) or 553 of title 5, or both, refers is subject to judicial review. ``(b)(1) Except as provided in paragraph (2), review under subsection (a) shall be in accordance with chapter 7 of title 5, and may be sought only in the United States Court of Appeals for the Federal Circuit. ``(2) If review under subsection (a) is sought in connection with an appeal brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5. ``(c) In reviewing under subsection (b)(1) an action relating to the adoption or revision of the schedule of ratings for disabilities adopted under section 1155 of this title, the United States Court of Appeals for the Federal Circuit shall hold unlawful and set aside the action if the action is found by the Court to be-- ``(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; or ``(2) in excess of statutory jurisdiction, authority, or limitations, or in violation of statutory right.''. (b) Applicability.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. The review described by subsection (c) of section 502 of title 38, United States Code, as so amended, shall be available only for a revision of the schedule of ratings of disabilities under section 1155 of that title that occurs on or after that date. SEC. 2. STANDARD OF REVERSAL BY COURT OF APPEALS FOR VETERANS CLAIMS OF ERRONEOUS FINDING OF FACT BY BOARD OF VETERANS' APPEALS. (a) Standard of Reversal.--Paragraph (4) of subsection (a) of section 7261 of title 38, United States Code, is amended by striking ``if the finding is clearly erroneous'' and inserting ``if such finding is not reasonably supported by a preponderance of the evidence''. (b) Scope of Authority.--That subsection is further amended-- (1) in the matter preceding paragraph (1), by striking ``this chapter'' and inserting ``section 7252(a) of this title''; and (2) in paragraph (4), as amended by subsection (a) of this section-- (A) by inserting ``adverse to the claimant that is'' after ``material fact''; and (B) by inserting ``or reverse'' after ``set aside''. (c) Matters Relating to Findings of Material Fact.--That section is further amended-- (1) by redesignating subsections (b), (c), and (d), as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection (b): ``(b)(1) In making a determination on a finding of material fact under subsection (a)(4), the Court shall utilize the record of proceedings containing such finding, as established for purposes of sections 5107(b) and 7252(c) of this title. ``(2) A determination on a finding of material fact under subsection (a)(4) shall specify the evidence or material on which the Court relied in making such determination.''. (d) Applicability.--(1) Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) The amendments made by subsections (a) and (b)(2) shall apply with respect to any appeal filed with the United States Court of Appeals for Veterans Claims-- (A) on or after the date of the enactment of this Act; or (B) before the date of the enactment of this Act, but in which a final decision has not been made under section 7291 of title 38, United States Code, as of that date. SEC. 3. REVIEW BY COURT OF APPEALS FOR THE FEDERAL CIRCUIT OF DECISIONS OF LAW OF COURT OF APPEALS OF VETERANS CLAIMS. (a) Review.--Section 7292(c) of title 38, United States Code, is amended in the first sentence by inserting after ``the validity of'' the following: ``a decision of the Court of Veterans Appeals on a rule of law or of''. (b) Applicability.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to any appeal-- (1) filed with the United States Court of Appeals for the Federal Circuit on or after the date of the enactment of this Act; or (2) pending with the United States Court of Appeals for the Federal Circuit as of the date of the enactment of this Act in which a final decision has not been rendered as of that date. SEC. 4. AUTHORITY OF COURT OF APPEALS FOR VETERANS CLAIMS TO AWARD FEES UNDER EQUAL ACCESS TO JUSTICE ACT FOR NON-ATTORNEY PRACTITIONERS. The authority of the United States Court of Appeals for Veterans Claims to award reasonable fees and expenses of attorneys under section 2412(b) of title 28, United States Code, shall include authority to award fees and expenses of individuals admitted to practice before the Court as non-attorney practitioners under subsection (b) or (c) of Rule 46 of the Rules of Practice and Procedure of the United States Court of Appeals for Veterans Claims as if such non-attorney practitioners were attorneys admitted to practice before the Court.

Allows only the Federal Circuit for the U.S. Court of Appeals to review and set aside changes made by the Department of Veterans Affairs to the schedule for veterans' disability ratings found to be arbitrary and capricious or in violation of a Federal statute.Requires the U.S. Court of Appeals for Veterans Claims (CAVC) to apply a preponderance of the evidence standard when reviewing findings of fact made by the Board of Veterans' Appeals.Permits the Federal Circuit to review CAVC decisions on questions of law.Allows the CAVC, when awarding attorney fees under the Equal Access to Justice Act, to award compensation to qualified non-attorney representatives appearing before the CAVC.

A bill to amend title 38, United States Code, to facilitate and enhance judicial review of certain matters regarding veteran's benefits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oregon Surplus Federal Land Act of 2008''. SEC. 2. DEFINITIONS. In this Act: (1) Commandant.--The term ``Commandant'' means the Commandant of the Coast Guard. (2) Light station.--The term ``Light Station'' means the Cape Arago Light Station on Chief's Island in the State of Oregon. (3) Maps.--The term ``maps'' means the maps filed under section 3(d) (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Tribes.--The Term ``Tribes'' means the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians in the State of Oregon. SEC. 3. TRANSFER OF ADMINISTRATIVE JURISDICTION. (a) In General.--As soon as practicable after the date of enactment of this Act and subject to subsection (c), the Commandant shall transfer to the Secretary, to hold in trust for the benefit of the Tribes, administrative jurisdiction over the Federal land described in subsection (b). (b) Description of Land.--The Federal land referred to in subsection (a) consists of the parcels of Coast Guard land (including any improvements to the land) comprising approximately 24 acres, located in Coos County, Oregon, in the areas commonly known as ``Gregory Point'' and ``Chief's Island'', as depicted on the maps. (c) Conditions.-- (1) Compliance with applicable law.--Before completing the transfer of administrative jurisdiction under subsection (a), the Commandant shall execute any actions required to comply with applicable environmental and cultural resources laws. (2) Trust status.--On transfer of administrative jurisdiction over the land under subsection (a), the land transferred to the Secretary shall be-- (A) held in trust by the United States for the Tribes; and (B) included in the reservation of the Tribes. (3) Maintenance of cape arago light station.-- (A) In general.--The transfer of administrative jurisdiction over the Light Station under subsection (a) shall be subject to the conditions that the Tribes-- (i) shall-- (I) use, and make reasonable efforts to maintain, the Light Station in accordance with-- (aa) the National Historic Preservation Act (16 U.S.C. 470 et seq.); (bb) the Secretary of the Interior's Standards for the Treatment of Historic Properties under part 68 of title 36, Code of Federal Regulations; and (cc) any other applicable laws; and (II) submit any proposed changes to the Light Station for review and approval by the Secretary, in consultation with the Oregon State Historic Preservation Officer, if the Secretary determines that the changes are consistent with-- (aa) section 800.5(a)(2)(vii) of title 36, Code of Federal Regulations; and (bb) the Secretary of the Interior's Standards for Rehabilitation under section 67.7 of title 36, Code of Federal Regulations; (ii) shall make the Light Station available to the general public for educational, park, recreational, cultural, or historic preservation purposes at times and under conditions determined to be reasonable by the Secretary; (iii) shall not-- (I) sell, convey, assign, exchange, or encumber the Cape Arago Light Station (or any part of the Light Station) or any associated historic artifact conveyed in conjunction with the transfer under subsection (a), unless the sale, conveyance, assignment, exchange, or encumbrance is approved by Secretary; or (II) conduct any commercial activities at the Cape Arago Light Station (or any part of the Light Station) or in connection with any historic artifact conveyed in conjunction with the transfer under subsection (a) in any manner, unless the commercial activities are approved by the Secretary; and (iv) shall allow the United States, at any time, to enter the Light Station without notice, for purposes of ensuring compliance with this section, to the extent that it is not practicable to provide advance notice. (B) Reversion.--If the Tribes fail to meet any condition described in subparagraph (A), the Light Station, or any associated historic artifact conveyed in conjunction with the transfer under subsection (a), shall, at the option of the Secretary-- (i) revert to the United States; and (ii) be placed under the administrative control of the Secretary. (d) Maps and Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Commandant shall file the maps entitled ``Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Land Transfer Maps'' and legal descriptions of the parcels to be transferred under subsection (a) with-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Transportation and Infrastructure of the House of Representatives; and (C) the Secretary. (2) Force of law.--The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Commandant may correct any errors in the maps and legal descriptions. (3) Availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate office of the Department of the Interior. (e) Easements.--The Coast Guard may retain easements or other property interests as may be necessary across the property described in subsection (b) to operate, maintain, relocate, install, improve, replace, or remove any aid to navigation located on the land for such period as the aid to navigation may be required by the Coast Guard. (f) Tribal Fishing Rights.--No fishing rights of the Tribes that are in existence on the date of enactment of this Act shall be enlarged, impaired, or otherwise affected by the transfer of administrative jurisdiction under subsection (a).

Oregon Surplus Federal Land Act of 2008 - Requires transfer of administrative jurisdiction over Coast Guard lands in Coos County, Oregon (including Cape Arago Light Station on Chief's Island), in the areas commonly known as Gregory Point and Chief's Island, to the Secretary of the Interior to hold in trust for the benefit of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians and to be included in the reservation of those tribes. Allows the Coast Guard to retain easements for access to aids to navigation.

A bill to transfer surplus Federal land administered by the Coast Guard in the State of Oregon.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transitional Housing for Recovery in Viable Environments Demonstration Program Act'' or the ``THRIVE Act''. SEC. 2. DEMONSTRATION PROGRAM TO STUDY THE IMPACT OF USING RENTAL VOUCHERS FOR SUPPORTIVE HOUSING FOR INDIVIDUALS RECOVERING FROM OPIOID USE DISORDERS OR OTHER SUBSTANCE USE DISORDERS. Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following new paragraph: ``(21) Rental voucher demonstration program for supportive housing for individuals recovering from opioid use disorders or other substance use disorders.-- ``(A) Establishment.--The Secretary shall establish a demonstration program under which the Secretary shall set aside, allocate, and distribute directly to eligible entities, from amounts made available for rental assistance under this subsection, the amounts specified in subparagraph (B) for an eligible entity to provide a voucher for such assistance to a covered individual through a supportive housing program that provides treatment for opioid use disorders or other substance use disorders (as applicable), coordination with workforce development providers, and such assistance, as determined by the entity. ``(B) Amount.--The amount specified in this subparagraph is, for fiscal year 2019, the amount necessary to provide the lesser of-- ``(i) 0.5 percent of the total number of vouchers renewed under this subsection during the fiscal year ending immediately before the date of the enactment of this paragraph; or ``(ii) 10,000 vouchers. ``(C) Criteria for eligible entities.--An eligible entity shall-- ``(i) provide an evidence-based treatment program and demonstrate the ability to coordinate with workforce development providers for individuals recovering from an opioid use disorder or other substance use disorder, as applicable, that meet standards established by the Secretary; and ``(ii) demonstrate prior experience administering rental assistance vouchers, demonstrate prior experience administering supportive housing programs under the McKinney- Vento Homeless Act, or demonstrate a partnership with a public housing agency or a housing program of a State, unit of local government, or Indian tribe (as such term is defined in section 4 of the Native American Housing and Self-Determination Act of 1996 (25 U.S.C. 4103)) that ensures effective administration of rental assistance vouchers. ``(D) Application.--To receive a rental assistance voucher under this paragraph, an eligible entity shall submit an application to the Secretary that shall include-- ``(i) a description of the terms of treatment program, coordination with workforce development providers, and rental assistance to be provided to a covered individual, and assurances that such description shall be communicated to covered individuals that receive vouchers pursuant to the demonstration program established under this paragraph; ``(ii) a transitional plan that begins on the date on which a covered individual completes the treatment program of the eligible entity that includes information on additional treatment, coordination with workforce development opportunities, and housing resources and services available to such covered individual; and ``(iii) evidence sufficient to demonstrate that the local government having jurisdiction over the location of any supportive housing facility to be used by the eligible entity in connection with the demonstration program under this paragraph permits such facilities in such location. ``(E) Selection.--In selecting eligible entities to receive rental assistance vouchers under this paragraph, the Secretary shall-- ``(i) ensure that such eligible entities-- ``(I) are diverse; ``(II) represent an appropriate balance of eligible entities located in urban and rural areas, including tribal communities; ``(III) have adequate resources for treatment, recovery, and supportive services; ``(IV) fully comply with the Fair Housing Act (42 U.S.C. 3601 et seq.) and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.); ``(V) appropriately reflect the impact that opioids are having in tribal communities; and ``(VI) provide supportive and transitional housing programs in diverse geographic regions with high rates of mortality due to opioid use disorders or other substance use disorders, as applicable, based on data of the Centers for Disease Control and Prevention; and ``(ii) consider, in consultation with the Secretary of Health and Human Services and the Secretary of Labor-- ``(I) the success of each recipient eligible entity at helping individuals complete the treatment program of the eligible entity and refrain from illicit opioid or other substance usage, as applicable; ``(II) the coordination with workforce development providers by the eligible entity; ``(III) the percentage of participants in unsubsidized employment during the second and fourth calendar quarter after exit from the program; and ``(IV) the percentage of participants in the treatment program of the eligible entity that do not relapse into opioid or other substance usage, as applicable. ``(F) Reissuance of voucher.--Upon termination of the provision of rental assistance through a voucher to a covered individual, the eligible entity that initially offered such voucher may use such voucher to provide rental assistance to another covered individual. ``(G) Duration.--The Secretary shall not make rental assistance available under this paragraph after the expiration of the 5-year period beginning on the date of the enactment of this paragraph. ``(H) Waivers.--The Secretary may, through publication of a notice in the Federal Register, waive or specify alternative requirements for any provision of statue or regulation governing the use of vouchers under this subsection (except for requirements relating to fair housing, nondiscrimination, labor standards, or the environment) upon a finding by the Secretary that such waiver or alternative requirement is necessary for the purposes of this paragraph. ``(I) Reports.-- ``(i) By the eligible entity.--An eligible entity that receives a rental assistance voucher under this paragraph shall submit to the Secretary-- ``(I) annually, the transitional plan described in subparagraph (D)(ii) and information on each covered individual's housing upon termination of the provision of rental assistance through a voucher to such covered individual in a manner that protects the privacy of such covered individual; and ``(II) not later than 4 years after the date of the enactment of this paragraph, a plan describing the treatment and housing options for any covered individual assisted by such voucher who will not have completed the program before the day that is 5 years after such date of enactment. ``(ii) By the secretary.--The Secretary shall submit to Congress a report that analyzes the impact of rental assistance provided under this paragraph-- ``(I) not later than 2 years after the date of the enactment of this paragraph; and ``(II) not later than 4 years after the date of the enactment of this paragraph. ``(J) Definitions.--In this paragraph: ``(i) Eligible entity.--The term `eligible entity' means a tribally designated housing entity (as such term is defined in section 4 of the Native American Housing and Self- Determination Act of 1996 (24 U.S.C. 4103)), or a nonprofit organization, that meets the criteria described under subparagraph (C). ``(ii) Covered individual.--The term `covered individual' means an individual recovering from an opioid use disorder or other substance use disorder.''. SEC. 3. REPEAL OF RENTAL VOUCHER DEMONSTRATION PROGRAM. Effective the day that is 5 years after the date of the enactment of this Act, paragraph (21) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), as added by this Act, is repealed. SEC. 4. DEMONSTRATION CLOSE-OUT. An eligible entity that provided vouchers for rental assistance under paragraph (21) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), as added by this Act, shall return any such vouchers to the Secretary of Housing and Urban Development not later than the day that is 5 years after the date of the enactment of this Act for use only for renewals of expiring contracts for such assistance. SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to be appropriated to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized to be appropriated. Passed the House of Representatives June 14, 2018. Attest: KAREN L. HAAS, Clerk.

Transitional Housing for Recovery in Viable Environments Demonstration Program Act or the THRIVE Act (Sec. 2) This bill amends the United States Housing Act of 1937 to require the Department of Housing and Urban Development (HUD) to establish a five-year demonstration program for nonprofit organizations and tribally designated housing entities to provide low-income rental-assistance vouchers to individuals recovering from an opioid or other substance-use disorder. Specifically, these vouchers shall be provided through a supportive housing program that provides treatment for such disorders and coordination with workforce development providers. HUD may waive, or specify alternative requirements for, any provision of statute or regulation governing the use of these vouchers (except for requirements relating to fair housing, nondiscrimination, labor standards, or the environment) if such waiver or alternative is necessary.

Transitional Housing for Recovery in Viable Environments Demonstration Program Act

SECTION 1. AUTHORITY TO OBLIGATE DURING LAPSE IN APPROPRIATIONS. (a) Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Authority to obligate during lapse in appropriations ``(a)(1) Notwithstanding section 1341 of this title, if any appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year, an officer or employee of the United States Government or of the District of Columbia government may incur obligations as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding regular appropriation Act for such preceding fiscal year; or ``(B) if the corresponding regular appropriation bill for such preceding fiscal year did not become law, pursuant to this section. ``(2) The authority to incur obligations for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of-- ``(A) the rate of operations provided for in the regular appropriation Act, including any continuing resolution, for such project or activity for the preceding fiscal year; or ``(B) in the absence of such an Act, the rate of operations provided for such project or activity pursuant to this section for such preceding fiscal year. ``(3) The authority to incur obligations, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of such fiscal year and ending with the earlier of-- ``(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity), or ``(B) the last day of such fiscal year. ``(b) The authority to incur obligations for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made and funds made available or authority granted for such project or activity for the preceding fiscal year. ``(c) Expenditures made to liquidate any obligation incurred for a project or activity for any fiscal year pursuant to this section shall be paid out of the applicable appropriation fund whenever the appropriation bill providing for such project or activity becomes law. ``(d) This section shall not apply to a project or activity during a fiscal year if program authorization for the project or activity has expired. ``(e) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. ``(f) For purposes of this section `regular appropriation bill' means any regular appropriation bill (within the meaning given to such term in section 307 of the Congressional Budget Act of 1974 (2 U.S.C. 638)) making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities: ``(1) Agriculture, rural development, and related agencies programs. ``(2) The Departments of Commerce, Justice, and State, the judiciary, and related agencies. ``(3) The Department of Defense. ``(4) The government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. ``(5) The Department of Labor, Health and Human Services, and Education, and related agencies. ``(6) The Department of Housing and Urban Development, and sundry independent agencies, boards, commissions, corporations, and offices. ``(7) Energy and water development. ``(8) Foreign assistance and related programs. ``(9) The Department of the Interior and related agencies. ``(10) Military construction. ``(11) The Department of Transportation and related agencies. ``(12) The Treasury Department, the United States Postal Service, the Executive Office of the President, and certain independent agencies. ``(13) The legislative branch. ``(g) Obligations incurred under the authority of this section may not be liquidated prior to the enactment of the applicable regular appropriation bill.''. (b) The table of sections for chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Authority to obligate during lapse in appropriations.''. (c) The amendments made by this subsection shall apply with respect to fiscal years beginning after the date of enactment of this Act.

Amends Federal law to permit an officer or employee of the U.S. or District of Columbia government to obligate as may be necessary during a lapse in appropriations to continue any project or activity funded in the preceding fiscal year if any appropriation bill for a fiscal year is not enacted into law prior to the beginning of such fiscal year. Specifies that obligations for a project or activity be at a rate of operations not exceeding the lesser of: (1) the rate of operations provided for in the regular appropriation Act, including a continuing resolution; or (2) in the absence of such an Act, the rate of operations provided for such project or activity in the preceding fiscal year. Requires that the authority to obligate be made available for the period beginning with the first day of such fiscal year and ending with the earlier of: (1) the enactment date of the applicable regular appropriation bill for such fiscal year, regardless of whether such law provides for such project or activity; or (2) the last day of such fiscal year. Sets forth provisions concerning the authority to obligate for a project or an activity during a fiscal year.

To help avoid the costs and disruptions of agency shutdowns when there is a lapse in appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ukrainian American Veterans Charter Act''. SEC. 2. CHARTER FOR UKRAINIAN AMERICAN VETERANS, INCORPORATED. (a) In General.--Title 36, United States Code, is amended by inserting after chapter 2103 the following new chapter: ``CHAPTER 2200--UKRAINIAN AMERICAN VETERANS, INCORPORATED ``Sec. ``220001. Definition. ``220002. Organization. ``220003. Purposes. ``220004. Powers. ``220005. Restrictions. ``220006. Duty to maintain corporate and tax-exempt status. ``220007. Records and inspection. ``220008. Liability for acts of officers and agents. ``220009. Annual report. ``Sec. 220001. Definition ``For purposes of this chapter, `State' includes the District of Columbia and the territories and possessions of the United States. ``Sec. 220002. Organization ``(a) Federal Charter.--The Ukrainian American Veterans, Incorporated (in this chapter, the `corporation'), incorporated in New York, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires. ``Sec. 220003. Purposes ``(a) General.--The purposes of the corporation are as provided in its articles of incorporation and include a commitment, on a national basis, to-- ``(1) preserve, protect, and defend the Constitution of the United States; ``(2) commemorate the wars, campaigns, and military actions of the United States in respect, honor, and tribute of the veterans of the Armed Forces; ``(3) promote a greater understanding of, and appreciation for, the sacrifices made by the veterans of the Armed Forces; ``(4) stimulate, to the highest degree possible, the interest of the people of the United States in the problems faced by the veterans of the Armed Forces, their widows, and orphans; ``(5) collect, edit, publish, and preserve records and artifacts of the patriotic service of veterans of the Armed Forces; and ``(6) foster the association of individuals of Ukrainian descent who have served in the Armed Forces. ``(b) Corporate Function.--The corporation shall function as an educational, patriotic, civic, and historical organization under the laws of each State in which it is incorporated. ``Sec. 220004. Powers ``The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 220005. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Political Activities.--The corporation and any officer or director of the corporation, acting as such officer or director, may not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation. ``(c) Distribution of Income or Assets.--No part of the income or assets of the corporation may inure to the benefit of, or be distributed to, any member, officer, or director of the corporation during the life of this charter. No provision in this subsection may be construed to prevent the payment of reasonable compensation to the officers and employees of the corporation or the reimbursement of actual necessary expenses in amounts approved by the board of directors of the corporation. ``(d) Loans.--The corporation may not make any loan to any member, officer, director, or employee of the corporation. ``(e) Claims of Governmental Approval or Authority.--The corporation may not claim the approval of the Congress or the authorization of the Federal Government for any of its activities. ``Sec. 220006. Duty to maintain corporate and tax-exempt status ``(a) Corporate Status.--The corporation shall maintain its status as a corporation incorporated under the laws of New York. ``(b) Tax-Exempt Status.--The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ``Sec. 220007. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and ``(3) at its principal office, a record of the names and addresses of its members entitled to vote. ``Sec. 220008. Liability for acts of officers and agents ``The corporation is liable for the acts of its officers and agents within the scope of their authority. ``Sec. 220009. Annual report ``The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.''. (b) Clerical Amendment.--The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 2103 the following new item: ``2200. Ukrainian American Veterans, Incorporated........... 220001''.

Ukrainian American Veterans Charter Act - Grants a Federal charter to the Ukrainian American Veterans, Incorporated (a nonprofit corporation organized under the laws of the State of New York).

To amend title 36, United States Code, to grant a Federal charter to the Ukrainian American Veterans, Incorporated.

SECTION 1. INCREASE IN PAYMENTS FOR ENTITLEMENT LANDS. (a) Increase Based on Consumer Price Index.--Section 6903(b)(1) of title 31, United States Code, is amended-- (1) in subparagraph (A), by striking ``75 cents for each acre of entitlement land'' and inserting ``$1.65 for each acre of entitlement land''; and (2) in subparagraph (B), by striking ``10 cents for each acre of entitlement land'' and inserting ``22 cents for each acre of entitlement land''. (b) Increase in Population Cap.--Section 6903(c) of title 31, United States Code, is amended-- (1) in paragraph (1), by striking ``$50 times the population'' and inserting ``$110 times the population''; and (2) by amending the table at the end to read as follows: the limitation is equal to the population ``If population equals-- times-- 5,000........................... 110.00 6,000........................... 103.00 7,000........................... 97.00 8,000........................... 90.00 9,000........................... 84.00 10,000........................... 77.00 11,000........................... 75.00 12,000........................... 73.00 13,000........................... 70.00 14,000........................... 68.00 15,000........................... 66.00 16,000........................... 65.00 17,000........................... 64.00 18,000........................... 63.00 19,000........................... 62.00 20,000........................... 61.00 21,000........................... 60.00 22,000........................... 59.00 23,000........................... 59.00 24,000........................... 58.00 25,000........................... 57.00 26,000........................... 56.00 27,000........................... 56.00 28,000........................... 56.00 29,000........................... 55.00 30,000........................... 55.00 31,000........................... 54.00 32,000........................... 54.00 33,000........................... 53.00 34,000........................... 53.00 35,000........................... 52.00 36,000........................... 52.00 37,000........................... 51.00 38,000........................... 51.00 39,000........................... 50.00 40,000........................... 50.00 41,000........................... 49.00 42,000........................... 48.00 43,000........................... 48.00 44,000........................... 47.00 45,000........................... 47.00 46,000........................... 46.00 47,000........................... 46.00 48,000........................... 45.00 49,000........................... 45.00 50,000........................... 44.00.''. SEC. 2. INDEXING OF PILT PAYMENTS FOR INFLATION. Section 6903 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(d) The Secretary of the Interior shall, on October 1, 1993, and each October 1 thereafter, adjust each dollar amount specified in subsections (b) and (c) to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor, for the 12 months ending the preceding June 30.''. SEC. 3. LAND EXCHANGES. Section 6902(b) of title 31, United States Code, is amended by striking ``acquisition.'' and inserting ``acquisition, and does not apply to payments for lands conveyed to the United States in exchange for Federal lands.''.

Amends Federal law to: (1) increase Federal payments to local governments for entitlement lands; (2) require the Secretary of the Interior to adjust such payments for inflation; and (3) exempt from such payments any lands conveyed to the United States in exchange for Federal lands.

A bill to increase Federal payments to units of general local government for entitlement lands, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Sea Grant College Program Amendments Act of 2008''. SEC. 2. REFERENCES. Except as otherwise expressly provided therein, 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 National Sea Grant College Program Act (33 U.S.C. 1121 et seq.). SEC. 3. FINDINGS AND PURPOSE. (a) Findings.--Section 202(a) (33 U.S.C. 1121(a)) is amended-- (1) by striking subparagraphs (D) and (E) of paragraph (1) and inserting the following: ``(D) encourage the development of preparation, forecast, analysis, mitigation, response, and recovery systems for coastal hazards; ``(E) understand global environmental processes and their impacts on ocean, coastal, and Great Lakes resources; and''; (2) by striking ``program of research, education,'' in paragraph (2) and inserting ``program of integrated research, education, extension,''; and (3) by striking paragraph (6) and inserting the following: ``(6) The National Oceanic and Atmospheric Administration, through the national sea grant college program, offers the most suitable locus and means for such commitment and engagement through the promotion of activities that will result in greater such understanding, assessment, development, management, utilization, and conservation of ocean, coastal, and Great Lakes resources. The most cost-effective way to promote such activities is through continued and increased Federal support of the establishment, development, and operation of programs and projects by sea grant colleges, sea grant institutes, and other institutions, including strong collaborations between Administration scientists and research and outreach personnel at academic institutions.''. (b) Purpose.--Section 202(c) (33 U.S.C. 1121(c)) is amended by striking ``to promote research, education, training, and advisory service activities'' and inserting ``to promote integrated research, education, training, and extension services and activities''. (c) Terminology.--Subsections (a) and (b) of section 202 (15 U.S.C. 1121(a) and (b)) are amended by inserting ``management,'' after ``development,'' each place it appears. SEC. 4. DEFINITIONS. (a) In General.--Section 203 (33 U.S.C. 1122) is amended-- (1) in paragraph (4) by inserting ``management,'' after ``development,''; (2) in paragraph (11) by striking ``advisory services'' and inserting ``extension services''; and (3) in each of paragraphs (12) and (13) by striking ``(33 U.S.C. 1126)''. (b) Repeal.--Section 307 of the Act entitled ``An Act to provide for the designation of the Flower Garden Banks National Marine Sanctuary'' (Public Law 102-251; 106 Stat. 66) is repealed. SEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM. (a) Program Elements.--Section 204(b) (33 U.S.C. 1123(b)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) sea grant programs that comprise a national sea grant college program network, including international projects conducted within such programs and regional and national projects conducted among such programs;''; (2) by amending paragraph (2) to read as follows: ``(2) administration of the national sea grant college program and this title by the national sea grant office and the Administration;''; and (3) by amending paragraph (4) to read as follows: ``(4) any regional or national strategic investments in fields relating to ocean, coastal, and Great Lakes resources developed in consultation with the Board and with the approval of the sea grant colleges and the sea grant institutes.''. (b) Technical Correction.--Section 204(c)(2) (33 U.S.C. 1123(c)(2)) is amended by striking ``Within 6 months of the date of enactment of the National Sea Grant College Program Reauthorization Act of 1998, the'' and inserting ``The''. (c) Functions of Director of National Sea Grant College Program.-- Section 204(d) (33 U.S.C. 1123(d)) is amended-- (1) in paragraph (2)(A), by striking ``long range''; (2) in paragraph (3)(A)-- (A) by striking ``(A)(i) evaluate'' and inserting ``(A) evaluate and assess''; (B) by striking ``activities; and'' and inserting ``activities;''; and (C) by striking clause (ii); and (3) in paragraph (3)(B)-- (A) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively, and by inserting after clause (i) the following: ``(ii) encourage collaborations among sea grant colleges and sea grant institutes to address regional and national priorities established under subsection (c)(1);''; (B) in clause (iii) (as so redesignated) by striking ``encourage'' and inserting ``ensure''; (C) in clause (iv) (as so redesignated) by striking ``and'' after the semicolon; (D) by inserting after clause (v) (as so redesignated) the following: ``(vi) encourage cooperation with Minority Serving Institutions to enhance collaborative research opportunities and increase the number of such students graduating in NOAA science areas; and''. SEC. 6. PROGRAM OR PROJECT GRANTS AND CONTRACTS. Section 205 (33 U.S.C. 1124) is amended-- (1) by striking ``204(c)(4)(F).'' in subsection (a) and inserting ``204(c)(4)(F) or that are appropriated under section 208(b).''; and (2) by striking the matter following paragraph (3) in subsection (b) and inserting the following: ``The total amount that may be provided for grants under this subsection during any fiscal year shall not exceed an amount equal to 5 percent of the total funds appropriated for such year under section 212.''. SEC. 7. EXTENSION SERVICES BY SEA GRANT COLLEGES AND SEA GRANT INSTITUTES. Section 207(a) (33 U.S.C. 1126(a)) is amended in each of paragraphs (2)(B) and (3)(B) by striking ``advisory services'' and inserting ``extension services''. SEC. 8. FELLOWSHIPS. Section 208(a) (33 U.S.C. 1127) is amended-- (1) by striking ``Not later than 1 year after the date of the enactment of the National Sea Grant College Program Act Amendments of 2002, and every 2 years thereafter,'' in subsection (a) and inserting ``Every 2 years,''; and (2) by adding at the end the following: ``(c) Restriction on Use of Funds.--Amounts available for fellowships under this section, including amounts accepted under section 204(c)(4)(F) or appropriated under section 212 to implement this section, shall be used only for award of such fellowships and administrative costs of implementing this section.'' SEC. 9. NATIONAL SEA GRANT ADVISORY BOARD. (a) Redesignation of Sea Grant Review Panel as Board.-- (1) Redesignation.--The sea grant review panel established by section 209 of the National Sea Grant College Program Act (33 U.S.C. 1128), as in effect before the date of the enactment of this Act, is redesignated as the National Sea Grant Advisory Board. (2) Membership not affected.--An individual serving as a member of the sea grant review panel immediately before date of the enactment of this Act may continue to serve as a member of the National Sea Grant Advisory Board until the expiration of such member's term under section 209(c) of such Act (33 U.S.C. 1128(c)). (3) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to such sea grant review panel is deemed to be a reference to the National Sea Grant Advisory Board. (4) Conforming amendments.-- (A) In general.--Section 209 (33 U.S.C. 1128) is amended by striking so much as precedes subsection (b) and inserting the following: ``SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD. ``(a) Establishment.--There shall be an independent committee to be known as the National Sea Grant Advisory Board.''. (B) Definition.--Section 203(9) (33 U.S.C. 1122(9)) is amended to read as follows: ``(9) The term `Board' means the National Sea Grant Advisory Board established under section 209.''; (C) Other provisions.--The following provisions are each amended by striking ``panel'' each place it appears and inserting ``Board'': (i) Section 204 (33 U.S.C. 1123). (ii) Section 207 (33 U.S.C. 1126). (iii) Section 209 (33 U.S.C. 1128). (b) Duties.--Section 209(b) (33 U.S.C. 1128(b)) is amended to read as follows: ``(b) Duties.-- ``(1) In general.--The Board shall advise the Secretary and the Director concerning-- ``(A) strategies for utilizing the sea grant college program to address the Nation's highest priorities regarding the understanding, assessment, development, management, utilization, and conservation of ocean, coastal, and Great Lakes resources; ``(B) the designation of sea grant colleges and sea grant institutes; and ``(C) such other matters as the Secretary refers to the Board for review and advice. ``(2) Biennial report.--The Board shall report to the Congress every two years on the state of the national sea grant college program. The Board shall indicate in each such report the progress made toward meeting the priorities identified in the strategic plan in effect under section 204(c). The Secretary shall make available to the Board such information, personnel, and administrative services and assistance as it may reasonably require to carry out its duties under this title.''. (c) Membership, Terms, and Powers.--Section 209(c)(1) (33 U.S.C. 1128(c)(1)) is amended-- (1) by inserting ``coastal management,'' after ``resource management,''; and (2) by inserting ``management,'' after ``development,''. (d) Extension of Term.--Section 209(c)(3) (33 U.S.C. 1128(c)(3)) is amended by striking the second sentence and inserting the following: ``The Director may extend the term of office of a voting member of the Board once by up to 1 year.''. (e) Establishment of Subcommittees.--Section 209(c) (33 U.S.C. 1128(c)) is amended by adding at the end the following: ``(8) The Board may establish such subcommittees as are reasonably necessary to carry out its duties under subsection (b). Such subcommittees may include individuals who are not Board members.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 212 of the National Sea Grant College Program Act (33 U.S.C. 1131) is amended-- (1) by striking subsection (a)(1) and inserting the following: `` ``(1) In general.--There are authorized to be appropriated to the Secretary to carry out this title-- ``(A) $72,000,000 for fiscal year 2009; ``(B) $75,600,000 for fiscal year 2010; ``(C) $79,380,000 for fiscal year 2011; ``(D) $83,350,000 for fiscal year 2012; ``(E) $87,520,000 for fiscal year 2013; and ``(F) $91,900,000 for fiscal year 2014.''; (2) in subsection (a)(2)-- (A) by striking ``fiscal years 2003 through 2008--'' and inserting ``fiscal years 2009 through 2014--''; (B) by striking ``biology and control of zebra mussels and other important aquatic'' in subparagraph (A) and inserting ``biology, prevention, and control of aquatic''; and (C) by striking ``blooms, including Pfiesteria piscicida; and'' in subparagraph (C) and inserting ``blooms; and''; (3) in subsection (c)(1) by striking ``rating under section 204(d)(3)(A)'' and inserting ``performance assessments''; and (4) by striking subsection (c)(2) and inserting the following: ``(2) regional or national strategic investments authorized under section 204(b)(4);''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Sea Grant College Program Amendments Act of 2008 - (Sec. 4) Amends the National Sea Grant College Program Act to substitute "extension services" for "advisory services" in the definition of "project." (Sec. 5) Adds regional and national projects as elements of the national sea grant college program. Removes a reference to the sea grant review panel from provisions relating to the administration of the program. Refers to regional or national strategic investments being developed in consultation with the board and with the approval of sea grant colleges and the sea grant institutes. (Current law refers to the approval of the sea grant review panel as well as the colleges and institutes.) Revises the program director's duties. (Sec. 6) Excludes amounts appropriated under provisions relating to graduate ocean, coastal, and Great Lakes resources fellowships (the Dean John A. Knauss Marine Policy Fellowship Program) from provisions restricting contributions by the Secretary of Commerce to two-thirds of the total cost of sea grant programs and projects. (Sec. 7) Requires that sea grant colleges provide extension services (currently, advisory services). (Sec. 8) Requires that amounts available for fellowships (under provisions relating to graduate and post-graduate fellowships related to ocean, coastal, and Great Lakes resources), including funds from other federal departments and agencies and appropriated funds, be used only for those fellowships and related administrative costs. (Sec. 9) Redesignates the sea grant review panel as the National Sea Grant Advisory Board and modifies it's duties. (Sec. 10) Authorizes appropriations through FY2014. Modifies requirements regulating the distribution of appropriated amounts exceeding certain amounts appropriated for FY2003.

To reauthorize and amend the National Sea Grant College Program Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Postsecondary Education Data for Students Act''. SEC. 2. STUDY ON IMPROVEMENTS TO POSTSECONDARY EDUCATION TRANSPARENCY AT THE FEDERAL LEVEL. (a) Formation of Advisory Committee on Improving Postsecondary Education Data.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Secretary of Education shall convene the Advisory Committee on Improving Postsecondary Education Data (in this Act referred to as the ``Advisory Committee''), which shall be comprised of 15 members who represent economically, racially, and geographically diverse populations appointed by the Secretary in consultation with the Commissioner for Education Statistics, including-- (A) individuals representing different sectors of institutions of higher education, including individuals representing undergraduate and graduate education; (B) experts in the field of higher education policy; (C) State officials; (D) students and other stakeholders from the higher education community; (E) representatives from the business community; (F) experts in choice in consumer markets; (G) privacy experts; (H) college and career counselors at secondary schools; (I) experts in data policy, collection, and use; and (J) experts in labor markets. (2) Chairperson.--The Secretary shall appoint the Chairperson of the Advisory Committee. (b) Study Required.--The Advisory Committee shall conduct a study examining-- (1) the types of information, including information related to costs of postsecondary education, sources of financial assistance (including Federal student loans), student outcomes, and postgraduation earnings, the Federal Government should collect and report on institutions of higher education to assist students and families in their search for an institution of higher education; (2) how such information should be collected and reported, including how to disaggregate information on student outcomes by subgroups of students, such as full-time students, part-time students, nontraditional students, first generation college students, students who are veterans, and Federal Pell Grant recipients under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a); and (3) the ways in which the Federal Government may make such information more readily available to-- (A) students and their families in a format that is easily accessible and understandable, and will aid students and their families in making decisions; and (B) States, local governments, secondary schools, individual or groups of institutions of higher education, and private-sector entities. (c) Scope of Study.--In conducting the study under this Act, the Advisory Committee shall, at a minimum, examine-- (1) whether the current Federal transparency initiatives on postsecondary education-- (A) are reporting consistent information about individual institutions of higher education across Federal agencies; and (B) are similar to transparency initiatives on postsecondary education carried out by States, individual or groups of institutions of higher education, or private-sector entities; (2) whether-- (A) the collection and reporting of postgraduation earnings by the Federal Government is feasible, and if feasible, the options for collecting and reporting such information; (B) collecting and reporting such information would improve the use of Federal transparency initiatives and ease decisionmaking for students and their families; and (C) collecting and reporting such information would have an impact on student privacy, and if so, how such impact may be minimized; (3) whether any other information, including information relating to student outcomes or identified under the review required under subsection (d), should be collected and reported by the Federal Government to improve the utility of such initiatives for students and their families, and if so, how such information may be collected and reported, including whether the information should be disaggregated by subgroups of students; (4) whether any information currently collected and reported by the Federal Government on institutions of higher education is not useful for students and their families and should not be so collected and reported; (5) the manner in which the information from Federal transparency initiatives is made available to students and their families, and whether format changes may help the information become more easily understood and widely utilized by students and their families; (6) any activities being carried out by the Federal Government, States, individual or groups of institutions of higher education, or private-sector entities to help inform students and their families of the availability of Federal transparency initiatives; (7) the cost to institutions of higher education of reporting to the Federal Government the information that is being collected and reported through Federal transparency initiatives, and how such cost may be minimized; and (8) the relevant research described in subsection (d). (d) Review of Relevant Research.--In conducting the study under this Act, the Advisory Committee shall review and consider-- (1) research and studies, if any, that have been conducted to determine questions most frequently asked by students and families to help inform their search for an institution of higher education; (2) the types of information students seek before enrolling in an institution of higher education; (3) whether the availability to students and their families of additional information on institutions of higher education will be beneficial or confusing; (4) results, if any, that are available from consumer testing of Federal, State, institution of higher education, and private-sector transparency initiatives on postsecondary education that have been made publicly available on or after the date that is 10 years before the date of enactment of this Act; and (5) any gaps in the research, studies, and results described in paragraphs (1) and (4) relating to the types of information students seek before enrolling in an institution of higher education. (e) Consultation.-- (1) In general.--In conducting the study under this Act, the Advisory Committee shall-- (A) hold public hearings to consult with parents and students; and (B) consult with a broad range of interested parties in higher education, including appropriate researchers, representatives of secondary schools (including college and career counselors) and institutions of higher education from different sectors of such institutions (including undergraduate and graduate education), State administrators, and Federal officials. (2) Consultation with the authorizing committees.--The Advisory Committee shall consult on a regular basis with the authorizing committees in conducting the study under this Act. (f) Reports to Authorizing Committees.-- (1) Interim report.--Not later than 180 days after the date of enactment of this Act, the Advisory Committee shall prepare and submit to the authorizing committees and the Secretary an interim report describing the progress made in conducting the study under this Act and any preliminary findings on the topics identified under subsection (c). (2) Final report.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Advisory Committee shall prepare and submit to the authorizing committees and the Secretary a final report on the study, including-- (i) recommendations for legislative, regulatory, and administrative actions based on findings related to the topics identified under subsection (c); and (ii) a summary of the research described in subsection (d). (B) Consultation with NCES.--The Advisory Committee shall consult with the Commissioner of Education Statistics prior to making recommendations under subparagraph (A)(i) with respect to improving the information being collected and reported by the Federal Government on institutions of higher education. (g) Availability of Funds.--The amount necessary to conduct the study under this Act shall be made available from amounts available to the Secretary for administrative expenses of the Department of Education. (h) Definitions.--For purposes of this Act: (1) Authorizing committees.--The term ``authorizing committees'' has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). (2) First generation college student.--The term ``first generation college student'' has the meaning given the term in section 402A(h) of the Higher Education Act of 1965 (20 U.S.C. 1070a-11(h)). (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that such term does not include institutions described in subsection (a)(1)(C) of such section 102. (4) Secondary school.--The term ``secondary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Secretary.--The term ``Secretary'' means the Secretary of Education. (6) State.--The term ``State'' has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). (7) Student.--The term ``student'' includes-- (A) a prospective student; (B) a student enrolled in an institution of higher education; (C) a nontraditional student (as defined in section 803(j)(2) of the Higher Education Act of 1965 (20 U.S.C. 1161c(j)(2))); and (D) a veteran (as defined in section 480(c)(1) of such Act (20 U.S.C. 1087vv(c)(1))) who is a student or prospective student. Passed the House of Representatives May 22, 2013. Attest: KAREN L. HAAS, Clerk.

Improving Postsecondary Education Data for Students Act - Directs the Secretary of Education to convene an Advisory Committee on Improving Postsecondary Education Data that: (1) is comprised of 15 members who represent economically, racially, and geographically diverse populations; and (2) includes higher education stakeholders, state officials, business representatives, college and career counselors at secondary schools, and experts in higher education policy, consumer choice, privacy, labor markets, and data policy, collection, and use. Requires the Committee to study: the types of information the federal government should collect and report on institutions of higher education (IHEs) to assist students and families in their search for an IHE, including information related to postsecondary education costs, financial assistance, student outcomes, and postgraduation earnings; how that information should be collected and reported, including how to disaggregate student outcome information by student subgroups; and ways in which the federal government could make that information more readily available to students and their families in an easily accessible and understandable format, and to states, local governments, secondary schools, IHEs, and private-sector entities. Requires the Committee, in conducting the study, to: (1) review relevant research concerning the types of information students and parents seek in searching for an IHE; (2) consider the utility of the information currently reported and whether additional information would be beneficial or confusing; and (3) consult with parents, students, and a broad range of parties interested in higher education. Directs the Committee to submit an interim and final report on the study to Congress and the Secretary. Requires the Committee, after consulting with the Commissioner of Education Statistics, to include in its final report recommendations for legislative, regulatory, and administrative actions to improve the information the federal government collects and reports on IHEs.

Improving Postsecondary Education Data for Students Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovative Technologies Investment Incentive Act of 2010''. SEC. 2. CREDIT FOR INVESTMENTS IN HIGH TECHNOLOGY AND BIOTECHNOLOGY BUSINESS CONCERNS DEVELOPING INNOVATIVE TECHNOLOGIES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after section 30D the following new section: ``SEC. 30E. INVESTMENTS IN HIGH TECHNOLOGY AND BIOTECHNOLOGY BUSINESS CONCERNS DEVELOPING INNOVATIVE TECHNOLOGIES. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified equity investments made by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) National limitation.-- ``(A) In general.--There is a national innovative technology investment credit limitation of $500,000,000. ``(B) Allocation of limitation and issuance of certificate.--Under regulations, the Administrator of the Small Business Administration shall make allocations of the national innovative technology investment credit limitation among qualified equity investments and shall issue an innovative technology investment credit certificate for each such allocation. ``(C) Per business investment limitation.--The amount of the national innovative technology investment credit limitation allocated to a qualified technology small business concern shall not exceed 50 percent of the total amount awarded to such concern under the Small Business Innovation Research (SBIR) program under section 9 of the Small Business Act. ``(D) Certificate required for credit eligibility.--The amount allowed as a credit under subsection (a) with respect to any qualified equity investment shall not exceed the amount of the national innovative technology investment credit limitation allocated to such investment and shown on the innovative technology investment credit certificate pursuant to subparagraph (E)(ii). ``(E) Innovative technology investment credit certificate.--For purposes of this subsection, an innovative technology investment credit certificate is a certificate which-- ``(i) certifies the amount of the qualified equity investment, ``(ii) relates such investment to an award under the Small Business Innovation Research (SBIR) program under section 9 of the Small Business Act which qualifies for purposes of this section, and ``(iii) contains such other information as the Administrator, in consultation with the Secretary, determines to be necessary or appropriate to carry out this section. The amount of any award under the Small Business Innovation Research program, once related under subparagraph (B) with a qualified equity investment, may not thereafter be available for purposes of this section. ``(2) Limitation based on percentage ownership.--The amount of the credit under subsection (a) allowed to the taxpayer with respect to a qualified equity investment in a qualified technology small business concern shall be zero if, after such investment, the taxpayer owns (within the meaning of section 318) 50 percent or more of-- ``(A) in the case that such concern is a corporation, the outstanding stock of the corporation (either by vote or value), and ``(B) in the case that such concern is not a corporation, the capital and profits interests of such concern. ``(c) Qualified Equity Investment.--For purposes of this section-- ``(1) In general.--The term `qualified equity investment' means any equity investment in a qualified technology small business concern made during the investment period if such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash. ``(2) Equity investment.--The term `equity investment' means-- ``(A) any stock (other than nonqualified preferred stock, as defined in section 351(g)(2)) in an entity which is a corporation, and ``(B) any capital or profits interest in an entity which is not a corporation. ``(3) Qualified technology small business concern.--The term `qualified technology small business concern' means, with respect to any taxable year, any small business concern (as defined in section 3 of the Small Business Act) if such concern-- ``(A) is engaged in a high technology or biotechnology trade or business, and ``(B) employs an average of fewer than 500 employees on business days during such year. ``(4) Investment period.--The term `investment period' means the period-- ``(A) beginning on the date the qualified technology small business concern first receives funds pursuant to a funding agreement under the Small Business Innovation Research (SBIR) program under section 9 of the Small Business Act, and ``(B) ending on the last day of the 18-month period beginning on the date on which such funding agreement ceases to be in effect. ``(d) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--Except as provided in paragraph (2), the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.-- ``(A) In general.--In the case of an individual who elects the application of this paragraph, for purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(B) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subpart A for any taxable year (determined after application of paragraph (1)) by reason of subparagraph (A) shall not exceed the excess of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under subpart A (other than this section) and section 27 for the taxable year. ``(C) Carryforward of unused credit.--If the credit allowable under subsection (a) by reason of subparagraph (A) exceeds the limitation imposed by section 26(a)(1) or subparagraph (B), whichever is applicable, for such taxable year, reduced by the sum of the credits allowable under subpart A (other than this section) for such taxable year, such excess shall be carried to each of the succeeding 20 taxable years to the extent that such unused credit may not be taken into account under subsection (a) by reason of subparagraph (A) for a prior taxable year because of such limitation. ``(e) Special Rules.-- ``(1) Related parties.--For purposes of this section-- ``(A) In general.--All related persons shall be treated as 1 person. ``(B) Related persons.--A person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b). ``(2) Basis.--For purposes of this subtitle, the basis of any investment with respect to which a credit is allowable under this section shall be reduced by the amount of such credit so allowed. ``(3) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any qualified equity investment which is held by the taxpayer less than 3 years, except that no benefit shall be recaptured in the case of-- ``(A) transfer of such investment by reason of the death of the taxpayer, ``(B) transfer between spouses, or ``(C) transfer incident to the divorce (as defined in section 1041) of such taxpayer. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations-- ``(1) which prevent the abuse of the purposes of this section, and ``(2) which impose appropriate reporting requirements.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the portion of the qualified equity investment credit to which section 30E(d)(1) applies.''. (c) Conforming Amendments.-- (1) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by inserting after paragraph (37) the following new paragraph: ``(38) to the extent provided in section 30E(d)(2).''. (2) Section 24(b)(3)(B) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (3) Section 25(e)(1)(C)(ii) of such Code is amended by inserting ``30E,'' after ``30D,''. (4) Section 25A(i)(5)(B) of such Code is amended by striking ``and 30D'' and inserting ``, 30D, and 30E''. (5) Section 25A(i)(5) of such Code is amended by inserting ``30E,'' after ``30D,''. (6) Section 25B(g)(2) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (7) Section 26(a)(1) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (8) Section 30(c)(2)(B)(ii) of such Code is amended by striking ``and 30D'' and inserting ``, 30D, and 30E''. (9) Section 30B(g)(2)(B)(ii) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (10) Section 30D(d)(2)(B)(ii) of such Code is amended by striking ``and 25D'' and inserting ``, 25D, and 30E''. (11) Section 904(i) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (12) Section 1400C(d)(2) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (d) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30D the following new item: ``Sec. 30E. Investments in high technology and biotechnology business concerns developing innovative technologies.''. (e) Effective Date.--The amendments made by this section shall apply to investments made after December 31, 2009, in taxable years ending after such date.

Innovative Technologies Investment Incentive Act of 2010 - Amends the Internal Revenue Code to allow a new business-related tax credit for 25% of the equity investment (i.e., stock and capital or profits interest) in a small business concern that is engaged in a high technology or biotechnology trade or business and employs an average of fewer than 500 employees in a taxable year. Establishes a national innovative technology investment credit limitation of $500 million.

To amend the Internal Revenue Code of 1986 to allow a credit for equity investments in high technology and biotechnology small business concerns developing innovative technologies that stimulate private sector job growth.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowners Insurance Assistance Act of 2007''. SEC. 2. NONREFUNDABLE PERSONAL CREDIT FOR CERTAIN HOMEOWNERS INSURANCE PREMIUMS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. CERTAIN HOMEOWNERS INSURANCE PREMIUMS. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the taxpayer's qualified homeowners insurance premium for such taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) for any taxable year shall not exceed $250. ``(2) Limitation based on adjusted gross income.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by 2 percentage points for each percentage point (or fraction thereof) by which the taxpayer's adjusted gross income exceeds the State median income for such a taxpayer for the preceding taxable year in the State in which the principal residence of such taxpayer is located. ``(3) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section and sections 23, 24, and 25B) and section 27 for the taxable year. ``(c) Eligible Individual.--For purposes of this section-- ``(1) In general.--The term `eligible individual' means any taxpayer whose principal residence is_ ``(A) substantially the same dwelling unit during the applicable period, and ``(B) located in either-- ``(i) an area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of 1 or more hurricanes during 2004 or 2005, or ``(ii) a county-- ``(I) located in a State which borders the Atlantic Ocean or the Gulf of Mexico, and ``(II) which is determined by the Secretary, in consultation with the National Association of Insurance Commissioners, to have experienced a higher than average increase in homeowners insurance premiums during 2004, 2005, or 2006 due to hurricane risk. ``(2) Applicable period.--The term `applicable period' means-- ``(A) in the case of an area described in paragraph (1)(B)(i), the period beginning the day before the determination described in such paragraph and ending on the last day of the taxable year, and ``(B) in the case of an area described in paragraph (1)(B)(ii), the period beginning on September 1, 2005, and ending before the last day of the taxable year. ``(d) Qualified Homeowners Insurance Premium.--For purposes of this section-- ``(1) In general.--The term `qualified homeowners insurance premium' for any taxable year means an amount equal to the qualifying percentage of the eligible individual's homeowners insurance premium in effect on the first policy anniversary date (or, if greater, the second policy anniversary date) following the beginning of such individual's applicable period. ``(2) Qualifying percentage.--The term `qualifying percentage' is equal to the excess (expressed in percentage points) of -- ``(A) the eligible individual's percentage increase in homeowners insurance premium between the last policy anniversary before the beginning of such individual's applicable period and the policy anniversary date (as determined under paragraph (1)) following the beginning of such individual's applicable period, over ``(B) the national average percentage increase in homeowners insurance premiums between the same dates as determined by the Secretary, in consultation with the National Association of Insurance Commissioners. ``(e) Other Definitions.--For purposes of this section-- ``(1) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(2) Homeowners insurance.--The term `homeowners insurance' means any insurance covering a principal residence. ``(f) Termination.--This section shall not apply to taxable years beginning after December 31, 2007.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Certain homeowners insurance premiums.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Homeowners Insurance Assistance Act of 2007 - Amends the Internal Revenue Code to allow individual taxpayers in certain hurricane disaster areas a tax credit for 50% of their homeowner insurance premiums, up to $250 annually.

A bill to amend the Internal Revenue Code of 1986 to provide a credit against tax for increased homeowners insurance premiums suffered by certain coastal homeowners or resulting from hurricane events.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Raises for Seniors Act''. SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' or ``CPI-E'' that indicates the average change over time in the prices paid by individuals in the United States who are 62 years of age and older for a market basket of consumer goods and services. (b) Requirements.--In carrying out subsection (a), the Bureau of Labor Statistics shall-- (1) increase the number of individuals in the United States who are 62 years of age and older sampled in the consumer expenditure survey used to establish the CPI-E above the number of such individuals sampled for purposes of determining the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W); (2) establish samples of market-based items, stores, and prices to represent the purchasing patterns of older adults; and (3) examine the medical care component, including the cost and usage of prescription drugs, of the CPI-E taking into account that older adults have different illnesses and health care expenses, including dental expenses, than individuals in the United States who are under 62 years of age. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. (d) Effective Date.--The section shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES. (a) In General.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (1) in paragraph (1)(G), by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''; and (2) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 3 of the Fair Raises for Seniors Act,''. (b) Conforming Amendments in Applicable Former Law.--Section 215(i)(1)(C) of such Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''. (c) Effective Date.--The amendments made by subsection (a) shall apply to determinations made with respect to cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B))) ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. SEC. 4. PAYROLL TAX ON REMUNERATION UP TO CONTRIBUTION AND BENEFIT BASE AND MORE THAN $250,000. (a) In General.--Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 is amended by inserting after ``such calendar year.'' the following: ``The preceding sentence shall apply only to calendar years for which the contribution and benefit base (as so determined) is less than $250,000, and, for such calendar years, only to so much of the remuneration paid to such employee by such employer with respect to employment as does not exceed $250,000.''. (b) Conforming Amendment.--Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 is amended by striking ``Act) to'' and inserting ``Act), or in excess of $250,000, to''. (c) Effective Date.--The amendments made by this section shall apply to remuneration paid after December 31, 2014. SEC. 5. TAX ON NET EARNINGS FROM SELF-EMPLOYMENT UP TO CONTRIBUTION AND BENEFIT BASE AND MORE THAN $250,000. (a) In General.--Paragraph (1) of section 1402(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) in the case of the tax imposed by section 1401(a), the excess of-- ``(A) that part of the net earnings from self- employment which is in excess of-- ``(i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, minus ``(ii) the amount of the wages paid to such individual during such taxable years; over ``(B) that part of the net earnings from self- employment which is in excess of the sum of-- ``(i) the excess of-- ``(I) the net earning from self- employment reduced by the excess (if any) of subparagraph (A)(i) over subparagraph (A)(ii), over ``(II) $250,000, reduced by such contribution and benefit base, plus ``(ii) the amount of the wages paid to such individual during such taxable year in excess of such contribution and benefit base and not in excess of $250,000; or''. (b) Phaseout.--Subsection (b) of section 1402 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Paragraph (1) shall apply only to taxable years beginning in calendar years for which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $250,000.''. (c) Effective Date.--The amendments made by this section shall apply to net earnings from self-employment derived, and remuneration paid, after December 31, 2014. SEC. 6. INCLUSION OF SURPLUS EARNINGS FOR BENEFIT DETERMINATIONS. (a) Inclusion of Surplus Average Indexed Monthly Earnings in Determination of Primary Insurance Amounts.--Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended-- (1) in clauses (i), (ii), and (iii), by inserting ``basic'' before ``average indexed monthly earnings'' each place it appears; (2) in clause (ii), by striking ``and'' at the end; (3) in clause (iii), by adding ``and'' at the end; and (4) by inserting after clause (iii) the following new clause: ``(iv) 1 percent or $1000 (whichever is less) of the individual's surplus average indexed monthly earnings (determined under subsection (b)(1)(B)),''. (b) Basic AIME and Surplus AIME.-- (1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C. 415(b)(1)) is amended-- (A) in the matter preceding subparagraph (A), by inserting ``basic'' before ``average''; and (B) in subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A)'' and by inserting before the comma the following: ``to the extent such total does not exceed the contribution and benefit base for the applicable year''. (2) Surplus aime.-- (A) In general.--Section 215(b)(1) of such Act (as amended by paragraph (1)) is amended-- (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting ``(A)'' after ``(b)(1)''; and (iii) by adding at the end the following new subparagraph: ``(B)(i) An individual's surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing-- ``(I) the total (after adjustment under paragraph (3)(B)) of such individual's surplus earnings (determined under clause (ii)) for such individual's benefit computation years (determined under paragraph (2)), by ``(II) the number of months in those years. ``(ii) For purposes of clause (i) and paragraph (3)(B), an individual's surplus earnings for a benefit computation year are the total of such individual's wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year.''. (B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. (3) Adjustment of surplus earnings for purposes of determining surplus aime.--Section 215(b)(3) of such Act (42 U.S.C. 415(b)(3)) is amended-- (A) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraph (C)'' and by inserting ``and determination of basic average indexed monthly income'' after ``paragraph (2)''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) For purposes of determining under paragraph (1)(B) an individual's surplus average indexed monthly earnings, the individual's surplus earnings for a benefit computation year shall be deemed to be equal to the product of-- ``(i) the individual's surplus earnings for such year (as determined under clause (ii) of paragraph (1)(B) without regard to this subparagraph), and ``(ii) the quotient described in subparagraph (A)(ii).''. (c) Conforming Amendments.-- (1) Paragraphs (3)(A)(ii) and (6)(A) of section 203(a) of such Act (42 U.S.C. 403(a)) are each amended by inserting ``basic'' before ``average indexed monthly earnings''. (2) Subsections (b) and (c) of section 212 of such Act (42 U.S.C. 412) are each amended by striking ``average indexed monthly earnings'' and inserting ``basic average indexed monthly earnings, surplus average indexed monthly earnings''. (d) Effective Date.--The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act (42 U.S.C. 415(a)(3)(B)) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2014.

Fair Raises for Seniors Act - Directs the Bureau of Labor Statistics (BLS) of the Department of Labor to publish for each calendar month a Consumer Price Index for Elderly Consumers (CPI-E) that indicates the average change over time in the prices paid by individuals in the United States who are age 62 and older for a market basket of consumer goods and services. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to make the CPI-E the applicable Consumer Price Index (CPI) for computation of cost-of-living increases in OASDI benefits for such individuals. Amends the Internal Revenue Code to exclude from wages for purposes of employment and self-employment taxes (under the Federal Insurance Contributions Act [FICA] for OASDI insurance): (1) any remuneration up to $250,000 of the amount of the contribution and benefit base, and (2) only so much of that remuneration that is less than $250,000. Amends SSA title II to include 1% or $1,000 (whichever is less) of surplus average indexed monthly earnings in the determination of primary OASDI amounts.

Fair Raises for Seniors Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enterprise Communities Enhancement Act of 2001''. SEC. 2. FUNDING ENTITLEMENT FOR ADDITIONAL ENTERPRISE COMMUNITIES. (a) Entitlement.--Section 2007(a)(1) of the Social Security Act (42 U.S.C. 1397f(a)(1)) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``; and'', and by adding at the end the following: ``(C) 7 grants under this section for each qualified enterprise community that is in the State and is designated pursuant to section 766 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.''. (b) Amount of Grants.--Section 2007(a)(2) of such Act (42 U.S.C. 1397f(a)(2)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following: ``(C) Additional enterprise community grants.--The amount of the grant to a State under this section for each qualified enterprise community referred to in paragraph (1)(C) shall be $500,000, multiplied by the proportion of the population of the community that resides in the State.''. (c) Timing of Grants.--Section 2007(a)(3) of such Act (42 U.S.C. 1397f(a)(3)) is amended by adding at the end the following: ``(C) Additional qualified enterprise communities.--With respect to each qualified enterprise community referred to in paragraph (1)(C), the Secretary shall make 1 grant under this section to the State in which the community lies on the first day of fiscal year 2002 and of each of the 6 succeeding fiscal years.''. (d) Funding.--Section 2007(a)(4) of such Act (42 U.S.C. 1397f(a)(4)) is amended-- (1) by striking ``(4) Funding.--$1,000,000,000'' and inserting the following: ``(4) Funding.-- ``(A) Original grants.--$1,000,000,000''; (2) by inserting ``for empowerment zones and enterprise communities described in subparagraphs (A) and (B) of paragraph (1)'' before the period; and (3) by adding after and below the end the following: ``(B) Additional enterprise community grants.-- $70,000,000 shall be made available to the Secretary for grants under this section for enterprise communities referred to in paragraph (1)(C).''. (e) Definitions.-- (1) Qualified enterprise community.--Section 2007(f)(2)(A) of such Act (42 U.S.C. 1397f(f)(2)(A)) is amended by inserting ``or pursuant to section 766 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999'' before the semicolon. (2) Strategic plan.--Section 2007(f)(3) of such Act (42 U.S.C. 1397f(f)(3)) is amended by inserting ``or under section 766 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999'' before the period. SEC. 3. USE OF GRANT FUNDS. (a) Revolving Loan Activities.--Section 2007(b) of the Social Security Act (42 U.S.C. 1397f(b)) is amended by adding at the end the following: ``(5) Revolving loan activities.-- ``(A) In general.--In order to assist disadvantaged adults and youths in achieving and maintaining economic self-support, a State may use amounts paid under this section to fund revolving loan funds or similar arrangements for the purpose of making loans to residents, institutions, organizations, or businesses that hire disadvantaged adults and youths. ``(B) Rules for disbursement.--Amounts to be used as described in subparagraph (A) shall be disbursed by the Secretary, consistent with the provisions of the Cash Management Improvement Act and its implementing rules, regulations, and procedures issued by the Secretary of the Treasury-- ``(i) in the case of a grant to a revolving loan fund-- ``(I) pursuant to a written irrevocable grant commitment; and ``(II) at such time or times as the Secretary determines that the funds are needed to meet the purposes of such commitment; or ``(ii) in the case of a grant for purposes of capitalizing an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) or an insured credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1742)), at such time or times as the Secretary determines that funds are needed for such capitalization.''.

Enterprise Communities Enhancement Act of 2001 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to provide for: (1) additional State entitlements to grants for designated qualified enterprise communities; (2) funding for such grants; and (3) use of grant funds for revolving loan fund loans to residents, institutions, organizations, or businesses that hire disadvantaged adults and youths.

A bill to amend section 2007 of the Social Security Act to provide grant funding for additional Enterprise Communities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing the Utmost safety Measures to the Permanent Protection System in New Orleans, Louisiana'' or the ``PUMPPS NOLA Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) section 4303 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 154) requires the Secretary to provide to Congress an analysis of each advantage and disadvantage, and the technical operational effectiveness of-- (A) the operation of the new pumping stations located at the mouths of the 17th Street, Orleans Avenue, and London Avenue canals in the New Orleans area concurrently, or in a series with, pumping stations that-- (i) are in existence as of the date of enactment of that Act (Public Law 110-28; 121 Stat. 112); and (ii) serve the canals; (B) the removal of the pumping stations described in subparagraph (A) and the configuration of the new pumping stations described in that subparagraph (including associated canals) to accommodate each-- (i) necessary discharge to the lakefront; and (ii) discharge described in clause (i) in combination with each discharge directly to the portion of the Mississippi River located in Jefferson Parish; and (C) the replacement or improvement of the floodwalls and levees adjacent to each canal described in subparagraph (A); (2) prior to the required analysis described in paragraph (1), engineering concept studies were performed by the Secretary to determine the most technically effective means of accomplishing the dual purpose of-- (A) protecting against storm surges; and (B) simultaneously evacuating storm water; (3) a collaborative process was established and many technical review meetings were held to exchange ideas; (4) to develop and evaluate each technical advantage and disadvantage, and the operational effectiveness, of each option through the use of each result and recommendation contained in each report (including each draft report) completed after Hurricane Katrina, the Secretary expanded and formalized the collaborative process described in paragraph (3) with external stakeholders that included-- (A) the Sewerage and Water Board of New Orleans; (B) Jefferson Parish; (C) the New Orleans Business Council; (D) the Louisiana Department of Transportation and Development; (E) the Southeast Louisiana Flood Protection Authority-East; (F) the Regional Planning Commission, New Orleans; and (G) independent groups; (5) the reports described in paragraph (4) provide much of the background technical data required to carry out in an expedited manner the analysis described in paragraph (1); and (6) based on the information compiled for the analysis described in paragraph (1), the Secretary concluded that the option identified as ``Option 2'', as described in the report, is ``generally more technically advantageous and more effective operationally over Option 1 because it would have greater reliability and further reduces risk of flooding''. SEC. 3. DEFINITIONS. In this Act: (1) Project.--The term ``project'' means the project for permanent pumps and canal modifications that is-- (A) authorized by the matter under the heading ``General Projects'' in section 204 of the Flood Control Act of 1965 (Public Law 89-298; 79 Stat. 1077); and (B) modified by-- (i) the matter under the heading ``flood control and coastal emergencies (including rescission of funds)'' under the heading ``Corps of Engineers--Civil'' under the heading ``DEPARTMENT OF THE ARMY'' under the heading ``DEPARTMENT OF DEFENSE--CIVIL'' of chapter 3 of title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 454); (ii) section 7012(a)(2) of the Water Resources Development Act of 2007 (Public Law 110-114; 121 Stat. 1279); and (iii) the matter under the heading ``flood control and coastal emergencies'' under the heading ``Corps of Engineers--Civil'' under the heading ``DEPARTMENT OF THE ARMY'' under the heading ``DEPARTMENT OF DEFENSE--CIVIL'' of chapter 3 of title III of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2349). (2) Report.--The term ``report'' means the report-- (A) entitled ``Report to Congress for Public Law 110-252, 17th Street, Orleans Avenue and London Avenue Canals Permanent Protection System, Hurricane Protection System, New Orleans, Louisiana''; (B) prepared by the Secretary; (C) dated September 26, 2008; and (D) revised in December 2008. (3) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (4) State.--The term ``State'' means the State of Louisiana. SEC. 4. PROJECT MODIFICATION. The project is further modified to direct the Secretary-- (1) to construct a pump station and optimized diversion from the 2,500-acre area known as ``Hoey's Basin'' to the Mississippi River to help reduce storm water flow into the 17th Street canal; (2) to construct an optimized diversion through the Florida Avenue canal for discharging water into the Inner Harbor Navigation Canal; (3) to construct new, permanent pump stations at or near the lakefront on the 17th Street, Orleans Avenue, and London Avenue canals to provide for future flow capacity; (4) to deepen, widen within each right-of-way in existence as of the date of enactment of this Act, and line the bottom and side slopes of the 17th Street, Orleans Avenue, and London Avenue canals to allow for a gravity flow of storm water to the pump stations at the lakefront; (5) to modify or replace bridges that are located in close proximity or adjacent to the 17th Street, Orleans Avenue, and London Avenue canals; (6) if the Secretary determines to be appropriate, to remove the levees and floodwalls in existence as of the date of enactment of this Act that line each side of the canals described in paragraph (5) down to the surrounding ground grade; (7) to decommission or bypass the interior pump stations of the Sewerage and Water Board of New Orleans that are located at each canal described in paragraph (5) to maintain the water surface differential across the existing pumping stations until all systems and features are in place to allow for a fully functional system at a lowered canal water surface elevation; and (8) to decommission and remove the interim control structures that are located at each canal described in paragraph (5). SEC. 5. IMPLEMENTATION REQUIREMENTS. (a) In General.--In carrying out section 4, the Secretary shall provide for any investigation, design, and construction sequencing in a manner consistent with the options identified as ``Option 2'' and ``Option 2a'', as described in the report. (b) Funding.--In carrying out section 4, the Secretary shall use amounts made available to modify the 17th Street, Orleans Avenue, and London Avenue drainage canals and install pumps and closure structures at or near the lakefront in the first proviso in-- (1) the matter under the heading ``flood control and coastal emergencies (including rescission of funds)'' under the heading ``Corps of Engineers--Civil'' under the heading ``DEPARTMENT OF THE ARMY'' under the heading ``DEPARTMENT OF DEFENSE--CIVIL'' of chapter 3 of title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 454); and (2) the second undesignated paragraph under the heading ``flood control and coastal emergencies'' under the heading ``Corps of Engineers--Civil'' under the heading ``DEPARTMENT OF THE ARMY'' under the heading ``DEPARTMENT OF DEFENSE--CIVIL'' of chapter 3 of title III of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2349). (c) Non-Federal Share; Liability of State.--As a condition for the Secretary to initiate the conduct of the project, the State shall enter into an agreement with the Secretary under which the State shall agree-- (1) to pay 100 percent of the costs arising from the operation, maintenance, repair, replacement, and rehabilitation of each completed component of the project; and (2) to hold the United States harmless from any claim or damage that may arise from carrying out the project except any claim or damage that may arise from the negligence of the Federal Government or a contractor of the Federal Government.

Providing the Utmost safety Measures to the Permanent Protection System in New Orleans, Louisiana or the PUMPPS NOLA Act of 2009 - Modifies the project for permanent pumps and canal modifications at Lake Pontchartrain, Louisiana, to direct the Secretary of the Army, acting through the Chief of Engineers, to: (1) construct a pump station and optimized diversion from Hoey's Basin to the Mississippi River to help reduce storm water flow into the 17th Street canal; (2) construct an optimized diversion through the Florida Avenue canal for discharging water into the Inner Harbor Navigation Canal; (3) construct new, permanent pump stations near the lakefront on the 17th Street, Orleans Avenue, and London Avenue canals to provide for future flow capacity; (4) deepen, widen within each existing right-of-way, and line the bottom and side slopes of the 17th Street, Orleans Avenue, and London Avenue canals to allow for a gravity flow of storm water to the pump stations at the lakefront; (5) modify or replace bridges close or adjacent to the 17th Street, Orleans Avenue, and London Avenue canals; (6) remove existing levees and floodwalls that line each side of such canals down to ground grade, if the Secretary determines it to be appropriate; (7) decommission or bypass the interior pump stations of the Sewerage and Water Board of New Orleans that are located at each such canal to maintain the water surface differential across the existing pumping stations until all systems and features are in place to allow for a fully functional system at a lowered canal water surface elevation; and (8) decommission and remove the interim control structures that are located at each such canal. Conditions initiation of such project on the state of Louisiana agreeing to: (1) pay all costs arising from the operation, maintenance, repair, replacement, and rehabilitation of each completed project component; and (2) hold the U.S. harmless from any claim or damage that may arise from carrying out the project, except with regard to the federal government's negligence.

A bill to direct the Secretary of the Army to carry out certain water control projects at Lake Pontchartrain, Louisiana, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Student Loan Solutions Act''. SEC. 2. STUDENT LOAN AFFORDABILITY. (a) Terms and Conditions of Federal Direct Loans.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended-- (1) in subsection (a), by adding at the end the following: ``(4) Federal direct stafford loan limits for new loans on or after july 1, 2013.-- ``(A) Aggregate loan limits.--Notwithstanding any other provision of this Act, with respect to Federal Direct Stafford Loans for which the first disbursement is made on or after July 1, 2013, the aggregate unpaid principal amount for all such loans made on or after such date (and including Federal Direct Stafford Loans first disbursed before such date) to any student shall not at any time exceed-- ``(i) $31,000, in the case of any dependent student (except an undergraduate dependent student whose parents are unable to borrow under the Federal Direct PLUS Loan Program) who has not successfully completed a program of undergraduate education; or ``(ii) $57,500, in the case of any independent student, or an undergraduate dependent student whose parents are unable to borrow under the Federal Direct PLUS Loan Program, who has not successfully completed a program of undergraduate education. ``(B) Annual loan limits.--Notwithstanding any other provision of this Act, with respect to Federal Direct Stafford Loans for which the first disbursement is made on or after July 1, 2013, the maximum annual amount for all such loans made on or after such date a student who has not successfully completed a program of undergraduate education may borrow in any academic year shall not at any time exceed-- ``(i) in the case of a dependent student (except an undergraduate dependent student whose parents are unable to borrow under the Federal Direct PLUS Loan Program)-- ``(I) who has not successfully completed the first year of a program of undergraduate education, $5,500; ``(II) who has successfully completed such first year but has not successfully completed the remainder of a program of undergraduate education, $6,500; and ``(III) who has successfully completed the first and second years of a program of undergraduate education but has not successfully completed the remainder of such program, $7,500; and ``(ii) in the case of an independent student, or an undergraduate dependent student whose parents are unable to borrow under the Federal Direct PLUS Loan Program-- ``(I) who has not successfully completed the first year of a program of undergraduate education, $9,500; ``(II) who has successfully completed such first year but has not successfully completed the remainder of a program of undergraduate education, $10,500; and ``(III) who has successfully completed the first and second years of a program of undergraduate education but has not successfully completed the remainder of such program, $12,500.''; (2) in subsection (b)-- (A) in paragraph (7)-- (i) in the paragraph heading, by inserting ``, and before july 1, 2013'' after ``2006''; (ii) in subparagraph (A), by inserting ``and before July 1, 2013,'' after ``2006,''; (iii) in subparagraph (B), by inserting ``and before July 1, 2013,'' after ``2006,''; and (iv) in subparagraph (C), by inserting ``and before July 1, 2013,'' after ``2006,''; (B) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (C) by inserting after paragraph (7) the following: ``(8) Interest rates for new loans on or after july 1, 2013.-- ``(A) Rates for fdsl and fdusl.--Notwithstanding the preceding paragraphs of this subsection, for-- ``(i) Federal Direct Stafford Loans for which the first disbursement is made on or after July 1, 2013, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to-- ``(I) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(II) a percentage determined under subparagraph (D), except that such rate shall not exceed 6.8 percent; and ``(ii) Federal Direct Unsubsidized Stafford Loans for which the first disbursement is made on or after July 1, 2013, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to-- ``(I) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(II) a percentage determined under subparagraph (D), except that such rate shall not exceed 8.25 percent. ``(B) Rates for plus loans.--Notwithstanding the preceding paragraphs of this subsection, for Federal Direct PLUS Loans for which the first disbursement is made on or after July 1, 2013, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to-- ``(i) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(ii) a percentage determined under subparagraph (D), except that such rate shall not exceed 8.25 percent. ``(C) Consolidation loans.--Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Consolidation Loans for which the first disbursement is made on or after July 1, 2013, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to-- ``(i) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(ii) a percentage determined under subparagraph (D), except that such rate shall not exceed 8.25 percent. ``(D) Percentage determination.--Except as provided in the flush text under clauses (i) and (ii) of subparagraph (A), subparagraph (B), and subparagraph (C), during each 12-month period beginning on July 1 and ending on June 30, beginning on July 1, 2013, the Secretary shall determine a percentage for application under clauses (i)(II) and (ii)(II) of subparagraph (A), subparagraph (B)(ii), and subparagraph (C)(ii). In carrying out this subparagraph, the Secretary may determine different percentages for application under each such clause or subparagraph, as long as such percentages in the aggregate-- ``(i) represent the total cost of administering the Federal Direct Loan program and borrower benefits; and ``(ii) result in such program being revenue neutral for such 12-month period.''; and (3) in subsection (c), by adding at the end the following: ``(3) Reduction of fee for federal direct plus loans.-- Notwithstanding paragraph (1), for any Federal Direct PLUS Loan for which the first disbursement is made on or after July 1, 2013, the Secretary shall charge the borrower of the Loan an origination fee of not more than 3 percent of the principal amount of the loan.''. (b) Refinancing.--Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at the end the following: ``SEC. 460A. REFINANCING. ``(a) Refinancing for PLUS Loans.-- ``(1) Reissuing federal direct plus loans.--The Secretary may reissue a Federal Direct PLUS Loan for which the first disbursement was made before July 1, 2013, that is not in default in order to permit the borrower to obtain the interest rate provided under section 455(b)(8)(B). ``(2) Purchasing federal plus loans.--The Secretary may purchase a Federal PLUS Loan that is not in default and reissue such loan in order to permit the borrower to obtain the interest rate provided under section 455(b)(8)(B). ``(3) Administrative fee.--The Secretary may charge a borrower an amount not to exceed 0.5 percent of the principal amount of the loan to be reissued or purchased to cover the administrative cost of reissuing or purchasing such loan, which amount shall be paid to the Secretary. ``(b) Refinancing for Stafford Loans.-- ``(1) Reissuing federal direct stafford loans.--The Secretary may reissue a Federal Direct Stafford Loan or a Federal Direct Unsubsidized Stafford Loan for which the first disbursement was made before July 1, 2013, that is not in default in order to permit the borrower to obtain the interest rate provided under section 455(b)(8)(A). ``(2) Purchasing federal stafford loans.--The Secretary may purchase a Federal Stafford Loan or a Federal Unsubsidized Stafford Loan that is not in default and reissue such loan in order to permit the borrower to obtain the interest rate provided under section 455(b)(8)(A). ``(3) Administrative fee.--The Secretary may charge a borrower an amount not to exceed 0.5 percent of the principal amount of the loan to be reissued or purchased to cover the administrative cost of reissuing or purchasing such loan, which amount shall be paid to the Secretary.''.

Responsible Student Loan Solutions Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to limit the unpaid amount of Direct Stafford loans that students may amass before completing their undergraduate education. Varies that limit on the basis of whether a student is a dependent student, independent student, or dependent student whose parents are unable to borrow a Direct PLUS loan. Limits the amount of Direct Stafford loans that students may borrow in any academic year before the completion of their undergraduate studies. Varies that limit on the basis of whether a student: (1) is a dependent student, independent student, or dependent student whose parents are unable to borrow a Direct PLUS loan; and (2) has or has not successfully completed the first year or first and second years of their undergraduate studies. Sets the annual interest rate on Direct loans at the bond equivalent rate on 91-day Treasury bills plus a percentage that: (1) represents the total cost of administering the Direct Loan program and borrower benefits, and (2) results in the program being revenue neutral for the applicable 12-month period. Allows the Secretary of Education to use different percentages under that formula for the Direct Stafford Loan, Unsubsidized Stafford Loan, PLUS Loan, and Consolidation Loan programs. Caps the annual interest rate for Direct Stafford loans at 6.8%, and for Direct Unsubsidized Stafford loans and Direct PLUS and Consolidation loans at 8.25% Directs the Secretary to charge the borrower of a Direct PLUS loan an origination fee of up to 3% of the loan principal. Limits the applicability of the preceding provisions to loans first disbursed on or after July 1, 2013. Authorizes the Secretary to refinance federal PLUS and Stafford loans to permit borrowers to obtain an interest rate determined pursuant to this Act's provisions. Allows the Secretary to charge borrowers an administrative fee for refinancing such loans that does not exceed 0.5% of the loan principal.

Responsible Student Loan Solutions Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Loss Mitigation Act of 2001''. SEC. 2. MITIGATION FOR AND PURCHASE OF CERTAIN REPETITIVE LOSS STRUCTURES. The National Flood Insurance Act of 1968 is amended by inserting after section 1361 (42 U.S.C. 4102) the following new section: ``mitigation for and purchase of certain repetitive loss structures ``Sec. 1362. (a) Authority.--To the extent amounts are made available for use under this section, the Director may, subject to the limitations of this section-- ``(1) carry out mitigation activities that reduce flood damages to qualified repetitive loss structures (as such term is defined in subsection (e)); and ``(2) purchase qualified repetitive loss structures, but only for public or open space use that is consistent with sound land management and use policies. ``(b) Limitations.--The Director shall establish limitations on the use of amounts made available under this section for mitigation and purchase of structures, which shall-- ``(1) be designed to encourage owners of structures to maintain participation in the national flood insurance program; and ``(2) include limitations that prohibit use of such amounts for mitigation or purchase of any qualified repetitive loss structure if-- ``(A) as a result of such action, the owner of the structure will not be able to purchase a replacement residence; ``(B) any of the flooding that resulted in designation of the structure as a qualified repetitive loss structure was a result (in whole or in part) of third party development; ``(C) such action will interfere with, impair, or disrupt the preservation or maintenance of historically or architecturally significant properties or areas or identifiable neighborhoods or areas of cultural cohesiveness; ``(D) in purchasing the structure, the owner relied upon flood insurance rate maps of the Federal Emergency Management Agency that were current at the time and did not indicate that the property was located in an area having special flood hazards; or ``(E) the Director otherwise determines, in the discretion of the Director, that amounts under this section should not be used for mitigation or purchase of such structure. ``(c) Priority for Worst-Case Properties.--In determining the properties for which to take action under this section, the Director shall give priority to qualified repetitive loss structures on the basis of the amount of losses to the National Flood Insurance Fund that such structures have caused or will cause. ``(d) Borrowing.-- ``(1) Issuance of obligations.--Subject to the provisions of this subsection, the Director may issue and sell such notes or other obligations to the Secretary of the Treasury as the Director determines are necessary to provide funds to carry out this section. ``(2) Terms and conditions.--Obligations under this subsection shall be issued in the forms and denominations, bearing the maturities, and subject to the terms and conditions that the Secretary of the Treasury may prescribe. ``(3) Notification to congress.--At least 25 days before the issuance or sale of a note or other obligation under paragraph (1), the Director shall notify, in writing, the Senate and the House of Representatives of the intention of such issuance or sale and the dollar amount of such notes or obligations. ``(4) Purchase of obligations.--The Secretary of the Treasury shall purchase any obligations issued under this subsection. For such purpose, the Secretary of the Treasury may use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31. The purposes for which securities may be issued under such chapter are extended to include any purchase of obligations issued under this subsection. ``(5) Limitation on amount.--The Secretary of the Treasury may not at any time purchase any obligations under this subsection if the purchase would increase the aggregate principal amount of the outstanding holdings of obligations under this subsection by the Secretary to an amount greater than $300,000,000. ``(6) Resale authority.--The Secretary of the Treasury may sell any obligations issued under this subsection at the times and prices and upon the terms and conditions that the Secretary of the Treasury shall determine. ``(7) Treatment.--All purchases, redemptions, and sales of obligations under this subsection by the Secretary of the Treasury shall be treated as public debt transactions of the United States. ``(e) Qualified Repetitive Loss Structure.--For purposes of this section (and sections 1310(g) and 1316(b)), the term `qualified repetitive loss structure' means a structure that has incurred such flood-related damage as the Director shall, by regulation, provide in accordance with the purposes of such sections. ``(f) Authorization of Appropriations.--There is authorized to be appropriated for costs of activities under this section $100,000,000 for fiscal year 2002, $75,000,000 for fiscal year 2003, $50,000,000 for fiscal year 2004, and $25,000,000 for fiscal year 2005.''. SEC. 3. TREATMENT OF SAVINGS. Section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) is amended-- (1) in subsection (a)-- (A) in paragraph (7), by striking ``and'' at the end; (B) in paragraph (8), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(9) for use under subsection (g) of this section.''; and (2) by adding at the end the following new subsection: ``(g) Use of Mitigation Savings.-- ``(1) Determination.--For each fiscal year, the Director shall make a determination of the portion of the amounts in the fund that are attributable to savings from mitigation activities and purchases under section 1362 of qualified repetitive loss structures (as such term is defined in subsection (e) of such section). ``(2) Use for mitigation.--In each fiscal year, an amount in the fund equal to the amount determined under paragraph (1) of this subsection shall be available (in accordance with subsection (f)) only for mitigation activities for, and purchase of, qualified repetitive loss structures under section 1362, except as provided in paragraph (3). ``(3) Use for mapping.--After a determination by the Director that 75 percent of the number of qualified repetitive loss structures that existed upon the enactment of the Flood Loss Mitigation Act of 2001 have been provided mitigation that sufficiently reduces the risk of losses from flooding, or have been purchased for public or open space use that is consistent with sound land management and use policies, the Director may use up to 75 percent of the amount reserved in each fiscal year under paragraph (2) of this subsection for costs of mapping activities under section 1360.''. SEC. 4. INELIGIBILITY FOR NATIONAL FLOOD INSURANCE PROGRAM. Section 1316 of the National Flood Insurance Act of 1968 (42 U.S.C. 4023) is amended-- (1) by striking the section heading and inserting the following: ``prohibition of coverage for certain properties''; (2) by inserting ``(a) Properties in Violation of State or Local Law.--'' after ``1316.''; and (3) by adding at the end the following new subsections: ``(b) Qualified Repetitive Loss Structures.--In the case of a qualified repetitive loss structure (as such term is defined in section 1362(e)) that was the subject of an offer to purchase or to provide mitigation activities funded under section 1362 that was refused by the owner of the property, the Director may-- ``(1) deny the provision of any new flood insurance coverage under this title for such property and may cancel any existing coverage for such property; or ``(2) notwithstanding section 1308(e) or any other provision of this title, increase the chargeable risk premium rate for any new flood insurance coverage under this title for such property to an amount that is not more than the applicable estimated risk premium rate for the property under section 1307(a)(1). ``(c) Properties for Which Fraudulent Claims Have Been Made.--The Director may deny the provision of any new flood insurance coverage under this title, and may cancel any existing coverage, for a property if the Director determines that the owner of the property has made fraudulent claims for losses to the property under coverage provided under this title. ``(d) Appeals.--Any owner of a property who is aggrieved by a determination of the Director under subsection (b) or (c) may appeal such determination by filing, with the Director, a request for an appeal within 90 days after receiving notice of such determination. Upon receiving the request, the Director shall select, from a list of independent third parties compiled by the Director for such purpose, a party to hear such appeal. The determination made on appeal by such third party shall considered a final determination of the Director for purposes of review under chapter 7 of title 5, United States Code.''.

Flood Loss Mitigation Act of 2001 - Amends the National Flood Insurance Act of 1968 to authorize the Director of the Federal Emergency Management Agency to: (1) carry out mitigation activities that reduce flood damages to qualified repetitive loss structures; and (2) purchase such structures, but only for public or open space use that is consistent with sound land management and use policies.Requires the Director to determine for each fiscal year the portion of amounts in the National Flood Insurance Fund attributable to savings from such activities and purchases, which shall be available for such activities and purchases in that fiscal year. Allows the Director, after determining that 75 percent of such existing qualified repetitive loss structures have been provided mitigation that sufficiently reduces the risk of losses from flooding or have been purchased, to use up to 75 percent of the amount reserved for such activities and purchases for the costs of mapping activities.Allows the Director, in cases of such structures whose owners refused purchase or mitigation offers: (1) to deny the provision of new flood insurance coverage and to cancel existing coverage; or (2) to increase the chargeable risk premium rate for new coverage to an amount that is not more than the applicable estimated risk premium rate. Allows the Director to deny or cancel existing coverage for properties for which fraudulent claims have been made. Permits appeals by owners aggrieved by any such determinations.

To amend the National Flood Insurance Act of 1968 to provide for identification, mitigation, and purchase of properties insured under the national flood insurance program that suffer repetitive losses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Children's School Investment Act''. SEC. 2. SCHOOL CONSTRUCTION GRANTS. (a) In General.--Section 8007 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707) is amended by adding at the end the following: ``(c) School Construction Grants.-- ``(1) Authority and conditions for grants.--From the amount appropriated for each fiscal year under section 8014(f), the Secretary is authorized to make grants to eligible local educational agencies to carry out eligible projects for the construction of public kindergarten, elementary, and secondary school facilities. ``(2) Eligibility.--To be eligible to receive a grant under paragraph (1), the local educational agency shall-- ``(A) have been eligible to receive a payment under section 8003 for the fiscal year prior to the year for which the application is made; and ``(B) have had an overall increase in enrollment-- ``(i) during the period between the end of the school year preceding the fiscal year for which the application is made and the beginning of the school year immediately preceding that school year; ``(ii) of not less than 250, or not less than 10 percent (whichever is lower), of students who are children described in-- ``(I) subparagraph (A), (B), or (D) of section 8003(a)(1); or ``(II) subparagraph (F) or (G) of section 8003(a)(1), but only to the extent such children are civilian dependents of employees of the Department of Defense; and ``(iii) that is the direct result of one or more of the following: ``(I) Base realignment and closure or global rebasing, as determined by the Secretary of Defense. ``(II) Force structure changes or force reductions. ``(III) An action initiated by the Secretary of Defense. ``(3) Criteria for grants.--In considering an application for a grant the Secretary shall consider-- ``(A) the extent to which the local educational agency involved needs the grant because it lacks the fiscal capacity to undertake the project for which the grant would be used without the grant; and ``(B) the demonstrated need for the construction, reconstruction, or renovation based on the condition of the facility in the project. ``(4) Eligible projects.--To be an eligible project for a grant under paragraph (1), the project must consist of-- ``(A) the construction of new elementary or secondary schools to meet the needs imposed by enrollment growth; ``(B) the construction of additional academic learning space at existing schools; ``(C) the repair or upgrading of classrooms or structures related to academic learning, including but not limited to roofs, walls, plumbing, ventilation equipment, and inadequate heating or lighting equipment; or ``(D) the leasing of buildings or portions of buildings from a private entity for the purpose of providing school space, with the Secretary's approval. ``(5) Amount and conditions of grants.--In making grants under this subsection, the Secretary shall ensure that the amount of a grant does not exceed the total construction, modernization, or repair costs involved, as determined by the Secretary. ``(6) Impermissible uses of funds.--No funds received under this subsection may be used for-- ``(A) payment of maintenance costs; or ``(B) stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. ``(7) Supplement, not supplant.--A local educational agency receiving a grant under this subsection shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available for construction, modernization, and repair of public kindergarten, elementary, and secondary school facilities. ``(8) Reporting.-- ``(A) Reports by secretary.--Not later than December 31 of each fiscal year, the Secretary, and the Secretary of Defense, shall each submit to the Committee on Education and Labor and the Committee on Armed Services of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Armed Services of the Senate a report on grants made under this subsection, including the types of construction, modernization, and repair funded, and the number of students impacted. ``(B) Reports by local educational agencies.--Not later than September 30 of each fiscal year, each local educational agency receiving a grant under this subsection shall submit to the Secretary, and to the Secretary of Defense, a report on the agency's use of such grant funds.''. (b) Authorization of Appropriations.--Section 8014 of that Act (20 U.S.C. 7714) is amended-- (1) in subsection (e), by inserting after ``8007'' the following: ``other than section 8007(c)''; and (2) by inserting after subsection (f) the following: ``(g) School Construction Grants.--For the purposes of carrying out section 8007(c), there are authorized to be appropriated $500,000,000 for fiscal year 2009 and such sums as may be necessary for each of the seven succeeding fiscal years.''.

Military Childrens School Investment Act - Amends the Impact Aid program (which compensates local educational agencies [LEAs] for the financial burden of federal activities affecting their areas) of the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to LEAs that: (1) were eligible for Impact Aid in the prior fiscal year due to federally-connected children; and (2) are experiencing an enrollment increase of at least 250 or 10% consisting of certain federally-connected children whose arrival is due to military base closures and realignments or global rebasing, force structure changes or reductions, or actions initiated by the Secretary of Defense. Requires such grants to be used: (1) to construct new schools or expand existing schools to accommodate the influx of students; (2) repair or upgrade academic facilities; or (3) lease, with the Secretary's approval, buildings or portions of buildings from a private entity for additional school space.

To amend the Elementary and Secondary Education Act of 1965 to establish a discretionary grant program for school construction for local educational agencies affected by base closures and realignments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anticounterfeiting Consumer Protection Act of 1995''. SEC. 2. COUNTERFEITING AS RACKETEERING. Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``, section 2318 (relating to trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging and copies of motion pictures or other audiovisual works), section 2319 (relating to criminal infringement of a copyright), section 2320 (relating to trafficking in goods or services bearing counterfeit marks)'' after ``sections 2314 and 2315 (relating to interstate transportation of stolen property),''. SEC. 3. APPLICATION TO COMPUTER PROGRAMS, COMPUTER PROGRAM DOCUMENTATION, OR PACKAGING. Section 2318 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``a computer program or computer program documentation or packaging or'' after ``copy of''; (2) in subsection (b)(3), by inserting ```computer program,''' after ```motion picture,'''; and (3) in subsection (c)(3), by inserting ``a copy of a computer program or computer program documentation or packaging,'' after ``enclose,''. SEC. 4. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES. Section 2320 of title 18, United States Code, is amended by adding at the end the following: ``(e) Beginning with the first year after the date of the enactment of this subsection, the Attorney General shall include in the report of the Attorney General to Congress on the business of the Department of Justice prepared pursuant to section 522 of title 28, on a district by district basis, for all actions involving trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, copies of motion pictures or other audiovisual works (as defined in section 2318 of title 18), criminal infringement of copyrights (as defined in section 2319 of title 18), or trafficking in goods or services bearing counterfeit marks (as defined in section 2320 of title 18), an accounting of-- ``(1) the number of open investigations; ``(2) the number of cases referred by the United States Customs Service; ``(3) the number of cases referred by other agencies or sources; and ``(4) the number and outcome, including settlements, sentences, recoveries, and penalties, of all prosecutions brought under sections 2318, 2319, and 2320 to title 18.''. SEC. 5. SEIZURE OF COUNTERFEIT GOODS. Section 34(d)(9) of the Act of July 5, 1946 (commonly known as the Lanham Act) (15 U.S.C. 1116(d)(9)) is amended by striking the first sentence and inserting the following: ``A court may order the seizure of an aircraft, vehicle, or vessel used in connection with a violation of this Act. The court shall order that service of a copy of the order under this subsection shall be made by a Federal law enforcement officer (such as a United States marshal or an officer or agent of the United States Customs Service, Secret Service, Federal Bureau of Investigation, or the United States Postal Service) or may be made by a State or local law enforcement officer, who, upon making service, shall carry out the seizure under the order.''. SEC. 6. DISPOSITION OF MERCHANDISE BEARING COUNTERFEIT AMERICAN TRADEMARK AND CIVIL PENALTIES. Title VI of the Act of July 5, 1946 (commonly known as the Lanham Act) (15 U.S.C. 1114 and following) is amended by inserting after section 34 the following: ``Sec. 34A. (a) Any merchandise bearing a counterfeit mark (as defined in section 45) imported into the United States in violation of section 42 shall be seized by the appropriate Federal official and, in the absence of the written consent of the trademark owner, forfeited. Upon seizure of such merchandise, the appropriate official shall notify the owner of the trademark, and shall, after forfeiture, destroy the merchandise. Alternatively, if the merchandise is not unsafe or a hazard to health, and the official has the consent of the trademark owner, the appropriate official may obliterate the trademark where feasible and dispose of the goods seized-- ``(1) by delivery to such Federal, State, and local government agencies as in the opinion of the appropriate official have a need for such merchandise; ``(2) by gift to such eleemosynary institutions as in the opinion of the appropriate official have a need for such merchandise; or ``(3) more than 1 year after the date of forfeiture, by sale by appropriate officials at public auction, except that before making any such sale the official shall determine that no Federal, State, or local government agency or eleemosynary institution has established a need for such merchandise under paragraph (1) or (2). ``(b)(1) Any person who directs, assists financially or otherwise, or is in any way concerned in the importation of merchandise for sale or public distribution that is seized under subsection (a) shall be subject to a civil fine. ``(2) For the first such seizure, the fine shall be equal to the value that the merchandise would have had if it were genuine, according to the manufacturer's suggested retail price, as determined under regulations prescribed by the Secretary of the Treasury. ``(3) For the second seizure and thereafter, the fine shall be equal to twice the value that the merchandise would have had if it were genuine, according to the manufacturer's suggested retail price, as determined under regulations prescribed by the Secretary of the Treasury. ``(4) The imposition of a fine under this subsection shall be within the discretion of the court, and shall be in addition to any other civil or criminal penalty or other remedy authorized by law.''. SEC. 7. RECOVERY FOR VIOLATION OF RIGHTS. Section 35 of the Act of July 5, 1946 (commonly known as the Lanham Act) ( 15 U.S.C. 1117), is amended by adding at the end the following: ``(c) In a case involving the use of a counterfeit mark (as defined in section 34(d)) in connection with the sale, offering for sale, or distribution of goods or services, the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual damages and profits under subsection (a), an award of statutory damages for any such use in the amount of-- ``(1) not less than $500 or more than $100,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or ``(2) if the court finds that the use of the counterfeit mark was willful, not more than $1,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just.''. SEC. 8. DISPOSITION OF EXCLUDED ARTICLES. Section 603(c) of title 17, United States Code, is amended in the second sentence by striking ``as the case may be;'' and all that follows through the end and inserting ``as the case may be.''. SEC. 9. RECORDKEEPING REQUIREMENTS. Section 42 of the Act of July 5, 1946 (commonly known as the Lanham Act) ( 15 U.S.C. 1124) is amended-- (1) by inserting ``(a)'' after ``Sec. 42.''; and (2) by adding at the end the following: ``(b)(1) The owner, registrant, or authorized user of a trademark registered under this Act, and any authorized agent or representative thereof, shall be entitled to obtain from the appropriate Federal officers in a timely manner the following information when contained in a vessel or aircraft manifest: ``(A) The name and address of each importer or consignee and the name and address of the shipper to such importer or consignee, unless the importer or consignee has made a biennial certification, in accordance with procedures adopted by the Secretary of the Treasury, claiming confidential treatment of such information. ``(B) The general character of the cargo. ``(C) The number of packages and gross weight. ``(D) The name of the vessel or aircraft. ``(E) The port of loading. ``(F) The port of discharge. ``(G) The country of origin of the shipment. ``(2) The documentation relating to the entry into the United States of imported merchandise shall contain such information as may be necessary to determine whether the merchandise bears an infringing trademark in violation of subsection (a) or any other applicable law, including a trademark appearing on goods or packaging.''.

Anticounterfeiting Consumer Protection Act of 1996 - Makes the following (counterfeiting offenses) predicate offenses under the Racketeer Influenced and Corrupt Organizations Act: (1) trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging and copies of motion pictures or other audiovisual works; (2) criminal copyright infringement; (3) unauthorized fixation of and trafficking in sound recordings and music videos of live music performances; (4) trafficking in goods or services bearing counterfeit marks; and (5) interstate transportation of stolen property. (Sec. 4) Amends the Federal criminal code to extend to computer programs and computer program documentation and packaging existing prohibitions and penalties applicable to trafficking in counterfeit labels affixed or designed to be affixed to phonorecords or copies of a motion picture or other audiovisual work. (Sec. 5) Requires the Attorney General to include in a report to the Congress, on a district by district basis, an accounting of all actions taken by the Department of Justice that involve counterfeiting offenses. (Sec. 6) Amends the Lanham Act to: (1) require the court to order the seizure of an aircraft, vehicle, or vessel used in connection with a violation of such Act; and (2) permit the plaintiff, in a case involving the use of a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services, to recover, instead of actual damages and profits, an award of statutory damages, as specified. (Sec. 8) Repeals a provision allowing forfeited articles that are excluded from importation under Federal copyright law to be refunded to the country of export whenever it is shown that the importer had no reasonable grounds for believing that his or her acts constituted a violation of law. (Sec. 9) Amends the Tariff Act of 1930 to: (1) direct the Secretary of the Treasury, after forfeiture of merchandise bearing a counterfeit American trademark, to destroy the merchandise; or (2) alternatively, authorize the Secretary to obliterate the trademark where feasible and dispose of the goods seized as specified if the merchandise is not unsafe or a hazard to health and the Secretary has the consent of the trademark owner. (Sec. 10) Establishes civil penalties for aiding and abetting the importation for sale or public distribution of merchandise that is seized for bearing a counterfeit American trademark. Sets limits on fines for first and subsequent seizures, based on the value that the merchandise would have had if it were genuine. Specifies that the imposition of such fine shall be within the discretion of the Customs Service and in addition to any other civil or criminal penalty or other remedy authorized by law. (Sec. 11) Provides for the public disclosure of aircraft manifests. (Sec. 12) Directs the Secretary to require that entry documentation contain information necessary to determine whether the imported merchandise bears an infringing trademark. (Sec. 13) Includes within the definition of "contraband": (1) a counterfeit label for a phonorecord, computer program or its documentation or packaging, or motion picture or other audiovisual work; (2) a phonorecord or copy that criminally infringes a copyright; (3) a prohibited unauthorized fixation of a sound recording or music video of a live musical performance; or (4) any good bearing a counterfeit mark.

Anticounterfeiting Consumer Protection Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consular Review Act of 1996''. SEC. 2. ESTABLISHMENT OF A BOARD OF VISA APPEALS. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 224 the following new section: ``board of visa appeals ``Sec. 225. (a) Establishment.--The Secretary of State shall establish within the Department of State a Board of Visa Appeals. The Board shall be composed of 5 members who shall be appointed by the Secretary. No more than 2 members of the Board may be consular officers. The Secretary shall designate a member who shall be chairperson of the Board. ``(b) Authority and Functions.--The Board shall have authority to review any discretionary decision of a consular officer with respect to an alien concerning the denial, revocation, or cancellation of an immigrant visa and of a nonimmigrant visa or petition and the denial of an application for waiver of one or more grounds of excludability under section 212. The review of the Board shall be made upon the record for decision of the consular officer, including all documents, notes, and memoranda filed with the consular officer, supplemented by affidavits and other writings if offered by the consular officer or alien. Upon a conclusive showing that the decision of the consular official is contrary to the preponderance of the evidence, the Board shall have authority to overrule, or remand for further consideration, the decision of such consular officer. ``(c) Procedure.--Proceedings before the Board shall be in accordance with such regulations, not inconsistent with this Act and sections 556 and 557 of title 5, United States Code, as the Secretary of State shall prescribe. Such regulations shall include requirements that provide that-- ``(1) at the time of any decision of a consular officer under subsection (b), an alien, attorney of record, and any interested party defined in subsection (d) shall be given notice of the availability of the review process and the necessary steps to request such review, ``(2) a written record of the proceedings and decision of the consular officer (in accordance with such sections 556 and 557) shall be available to the Board, and on payment of lawfully prescribed costs, shall be made available to the alien, ``(3) upon receipt of request for review under this section, the Board shall, within 30 days, notify the consular officer with respect to whose decision review is sought, and, upon receipt of such notice, such officer shall promptly (but in no event more than 30 days after such receipt) forward to the Board the record of proceeding as described in subsection (b), ``(4) the appellant shall be given notice, reasonable under all the circumstances of the time and place at which the Board proceedings will be held, ``(5) the appellant may be represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the appellant shall choose, and ``(6) a request for review under this section must be made in writing to the Board within 60 days after receipt of notice of the denial, revocation or cancellation. ``(d) Interested Parties.--The Board shall review each decision described in subsection (b) upon request of the alien or any of the following interested parties: ``(1) The petitioner or beneficiary of an immigrant visa petition approved under section 203(a), 203(b)(1), 203(b)(4), 203(b)(5), 203(c), or the petitioner of an immigrant visa petition approved under sections 203(b)(2) and 203(b)(3). ``(2) The petitioner of a nonimmigrant visa petition. ``(3) The postsecondary educational institution approved for the attendance of nonimmigrant students under section 101(a)(15)(F)(i) or 101(a)(15)(M)(i) which has provided notice of the acceptance of the alien in its program. ``(4) A recognized international agency or organization approved as a program sponsor under section 101(a)(15)(J) which has provided notice of the acceptance of the alien in its program. ``(5) A treaty investor or trader individual or organization in the United States that, under section 101(a)(15)(E), has made an offer of employment to an alien to perform executive or supervisory management functions. ``(e) Limitation.--A review may not be requested under this section more than once in any 24 month period. ``(f) Construction.--This section may not be construed to restrict any right to further administrative or judicial review established under any other provision of law. ``(g) Fees.--The Secretary of State shall charge, and collect, an appropriate fee associated with a request to the Board for a review. Such fee shall be sufficient to cover the cost of the administration of this section.''. (b) Effective Dates.-- (1) The amendment made by subsection (a) shall take effect 120 days after the date of the enactment of this Act. (2) Proposed regulations with respect to the amendment made by subsection (a) shall be promulgated not later than 30 days after the date of the enactment of this Act. (3) Members of the Board of Visa Appeals under section 225 of the Immigration and Nationality Act (as inserted by subsection (a)) shall be appointed not later than 120 days after the date of the enactment of this Act. (c) Technical Amendments.-- (1) Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) is amended-- (A) by striking ``except that'' and all that follows up to the period, and (B) by adding: ``An interested party under section 225(d) or court shall be permitted to inspect the record of proceeding as described in subsections (c)(2) and (c)(3) of section 225,''. (2) Section 104(a)(1) of such Act (8 U.S.C. 1104(a)(1)) is amended by striking the ``except'' and inserting ``including'', (3) The table of contents of such Act is amended by inserting after the item relating to section 224 the following new item: ``Sec. 225. Board of Visa Appeals.''.

Consular Review Act of 1996 - Amends the Immigration and Nationality Act to establish within the Department of State a Board of Visa Appeals to review consular decisions regarding specified visa applications, revocations, and cancellations. Provides that Board review requests shall be a fee-based service.

Consular Review Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voting Technology Standards Act of 2001''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``technical standards'' means performance- based standards and conformance specifications; and (2) the term ``voting products and systems'' includes products and systems relating to every stage of the voting process, from voter registration through recounts and archiving. SEC. 3. VOTING TECHNOLOGY STANDARDS. (a) Commission.-- (1) Establishment.--There is established a commission to develop voluntary technical standards to ensure the usability, accuracy, security, and integrity of United States voting products and systems. (2) Membership.--The Commission shall consist of-- (A) the Director of the National Institute of Standards and Technology, who shall serve as the chair of the Commission; (B) two representatives of the National Association of State Election Directors, selected by that association, one Republican and one Democrat; (C) one representative of the American National Standards Institute, selected by that institute; and (D) nine additional members selected by the members described in subparagraphs (A) through (C) by unanimous vote, of which at least two shall be local election officials; (3) Terms.--(A) Except as provided in subparagraph (B), (C), or (D) of this paragraph, each member selected under paragraph (2)(B), (C), or (D) shall serve a term of 6 years. (B) Four of the members initially appointed under paragraph (2)(D) shall be appointed for an initial term of 3 years. (C) The members initially appointed under paragraph (2)(B) shall be appointed for an initial term of 4 years. (D) The member initially appointed under paragraph (2)(C) shall be appointed for an initial term of 5 years. (E) Members may serve for more than 1 term, but not more than 3 terms. (F) Any member appointed under paragraph (2)(D) to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office, but not more than 1 year. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (4) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (5) Quorum.--The Commission shall conduct no business, other than appointing members under paragraph (2)(D), before all members of the Commission have been appointed. Nine members of the Commission shall constitute a quorum. (6) Administrative and technical support.--Upon the request of the Commission, the Director of the National Institute of Standards and Technology shall provide to the Commission the ad- ministrative and technical support necessary for the Commission to carry out its responsibilities under this Act. (b) Development of Voluntary Technical Standards.-- (1) Procedures.--Not later than 90 days after the date of the enactment of this Act, the Commission shall publish in the Federal Register a description of the procedures it will use to establish voluntary technical standards under this subsection, along with a list of the members of the Commission. (2) Establishment of voluntary technical standards.--Not later than 9 months after the date of the enactment of this Act, the Commission shall establish, and publish in the Federal Register, such voluntary technical standards as are necessary to ensure the usability, accuracy, security, and integrity of United States voting products and systems. (3) Review and update.--The Commission shall review the voluntary technical standards established under this subsection at the conclusion of every even-numbered year, and shall determine whether new or updated voluntary technical standards are necessary to ensure the usability, accuracy, security, and integrity of United States voting products and systems. If the Commission determines that such new or updated voluntary technical standards are necessary, the Commission shall publish in the Federal Register the findings of its review, an explanation for its decision, and the new or updated voluntary technical standards. SEC. 4. LABORATORY ACCREDITATION. Not later than 6 months after the initial publication of voluntary technical standards established under section 3(b)(2), the National Institute of Standards and Technology shall accredit independent, non- Federal laboratories to test and certify that voting products and systems conform with the voluntary technical standards established by the Commission. The National Institute of Standards and Technology shall make an effort to accredit at least one minority-owned laboratory. SEC. 5. INFORMATION DISSEMINATION. The National Institute of Standards and Technology, after consultation with the Commission, shall-- (1) disseminate voluntary technical standards established under section 3(b), other relevant technical information, guidelines for usage of the voluntary technical standards, and any other information appropriate to assist in the implementation of the voluntary technical standards; (2) maintain and make available a list of laboratories accredited under section 4; and (3) maintain and make available, including through the Internet, a list of United States voting products and systems that have been certified by a laboratory accredited under section 4 to conform with the voluntary technical standards established by the Commission. SEC. 6. RESEARCH AND DEVELOPMENT PROGRAM. The Director of the National Institute of Standards and Technology shall establish a program for research and development in areas to support the development of voluntary technical standards established under section 3(b) for voting products and systems, including research and development on-- (1) the security of computers, computer networks, and computer data storage used in voting products and systems, including methods to detect and prevent fraud; (2) protection of voter privacy; (3) human factors in the design and application of voting products and systems, including assistive technologies for persons with disabilities and varying levels of literacy; and (4) remote access voting, including Internet voting. SEC. 7. REPORTS TO CONGRESS. (a) One-Year Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall transmit to the Congress a report that-- (1) assesses the areas of human factors research, including usability engineering and human-computer and human-machine interaction, that feasibly could be applied to voting products and systems design to ensure the usability and accuracy of United States voting products and systems, including to improve access by the disabled and to reduce voter error and the number of spoiled ballots in elections; (2) assesses the potential demand by State and local governments for technical assistance in implementing voluntary technical standards established under section 3(b), and makes recommendations on how best to address that demand; (3) makes recommendations for methods of promoting the implementation of voluntary technical standards established under section 3(b); and (4) assesses the need for a grant program or other mechanism to ensure the accreditation and operation of a sufficient number of laboratories to test and certify voting products and systems. (b) Ten-Year Report.--Not later than 10 years after the date of the enactment of this Act, the Commission shall transmit to the Congress a report that-- (1) identifies the States that have voluntarily complied with standards established pursuant to this Act; and (2) assesses the impact of this Act on the accuracy of vote tabulation. Amend the title so as to read: ``A bill to ensure the usability, accuracy, integrity, and security of United States voting products and systems through the development of voluntary consensus standards, the provision of technical assistance, and laboratory accreditation, and for other purposes.''.

Voting Technology Standards Act of 2001 - Establishes a commission to develop and publish in the Federal Register voluntary technical standards to ensure the usability, accuracy, security, and integrity of U.S. voting products and systems.Requires the National Institute of Standards and Technology to: (1) accredit independent, non-Federal laboratories to test and certify that voting products and systems conform with the standards established by the commission; (2) make an effort to accredit at least one minority-owned laboratory; (3) disseminate such standards, other relevant technical information, guidelines for usage of the standards, and any other information appropriate to assist in their implementation; (4) maintain and make available a list of accredited laboratories; and (5) maintain and make available, including through the Internet, a list of U.S. voting products and systems that have been certified by an accredited laboratory to conform with the standards established by the commission.Directs the Director of the National Institute of Standards and Technology to establish a program for research and development in areas to support the development of such standards.

To amend the National Institute of Standards and Technology Act to ensure the usability, accuracy, integrity, and security of United States voting products and systems through the development of voluntary consensus standards, the provision of technical assistance, and laboratory accreditation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Reliable Officers, Technology, Education, Community Prosecutors, and Training In Our Neighborhoods Act of 2001'' or ``PROTECTION Act''. SEC. 2. PROVIDING RELIABLE OFFICERS, TECHNOLOGY, EDUCATION, COMMUNITY PROSECUTORS, AND TRAINING IN OUR NEIGHBORHOOD INITIATIVE. (a) COPS Program.--Section 1701(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)) is amended by-- (1) inserting ``and prosecutor'' after ``increase police''; and (2) inserting ``to enhance law enforcement access to new technologies, and'' after ``presence,''. (b) Hiring and Redeployment Grant Projects.--Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B)-- (i) by inserting after ``Nation'' the following: ``, or pay overtime to existing career law enforcement officers to the extent that such overtime is devoted to community policing efforts''; and (ii) by striking ``and'' at the end; (B) in subparagraph (C), by-- (i) striking ``or pay overtime''; and (ii) striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) promote higher education among in-service State and local law enforcement officers by reimbursing them for the costs associated with seeking a college or graduate school education.''; and (2) in paragraph (2) by striking all that follows ``Support Systems.--'' and inserting ``Grants pursuant to-- ``(A) paragraph (1)(B) for overtime may not exceed 25 percent of the funds available for grants pursuant to this subsection for any fiscal year; ``(B) paragraph (1)(C) may not exceed 20 percent of the funds available for grants pursuant to this subsection in any fiscal year; and ``(C) paragraph (1)(D) may not exceed 5 percent of the funds available for grants pursuant to this subsection for any fiscal year.''. (c) Additional Grant Projects.--Section 1701(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended-- (1) in paragraph (2)-- (A) by inserting ``integrity and ethics'' after ``specialized''; and (B) by inserting ``and'' after ``enforcement officers''; (2) in paragraph (7) by inserting ``school officials, religiously-affiliated organizations,'' after ``enforcement officers''; (3) by striking paragraph (8) and inserting the following: ``(8) establish school-based partnerships between local law enforcement agencies and local school systems, by using school resource officers who operate in and around elementary and secondary schools to serve as a law enforcement liaison with other Federal, State, and local law enforcement and regulatory agencies, combat school-related crime and disorder problems, gang membership and criminal activity, firearms and explosives- related incidents, illegal use and possession of alcohol, and the illegal possession, use, and distribution of drugs;''; (4) in paragraph (10) by striking ``and'' at the end; (5) in paragraph (11) by striking the period that appears at the end and inserting ``; and''; and (6) by adding at the end the following: ``(12) develop and implement innovative programs (such as the TRIAD program) that bring together a community's sheriff, chief of police, and elderly residents to address the public safety concerns of older citizens.''. (d) Technical Assistance.--Section 1701(f) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(f)) is amended-- (1) in paragraph (1)-- (A) by inserting ``use up to 5 percent of the funds appropriated under subsection (a) to'' after ``The Attorney General may''; (B) by inserting at the end the following: ``In addition, the Attorney General may use up to 5 percent of the funds appropriated under subsections (d), (e), and (f) for technical assistance and training to States, units of local government, Indian tribal governments, and to other public and private entities for those respective purposes.''; (2) in paragraph (2) by inserting ``under subsection (a)'' after ``the Attorney General''; and (3) in paragraph (3)-- (A) by striking ``the Attorney General may'' and inserting ``the Attorney General shall''; (B) by inserting ``regional community policing institutes'' after ``operation of''; and (C) by inserting ``representatives of police labor and management organizations, community residents,'' after ``supervisors,''. (e) Technology and Prosecution Programs.--Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended by-- (1) striking subsection (k); (2) redesignating subsections (f) through (j) as subsections (g) through (k); and (3) striking subsection (e) and inserting the following: ``(e) Law Enforcement Technology Program.--Grants made under subsection (a) may be used to assist police departments, in employing professional, scientific, and technological advancements that will help them-- ``(1) improve police communications through the use of wireless communications, computers, software, videocams, databases and other hardware and software that allow law enforcement agencies to communicate more effectively across jurisdictional boundaries and effectuate interoperability; ``(2) develop and improve access to crime solving technologies, including DNA analysis, photo enhancement, voice recognition, and other forensic capabilities; and ``(3) promote comprehensive crime analysis by utilizing new techniques and technologies, such as crime mapping, that allow law enforcement agencies to use real-time crime and arrest data and other related information--including non-criminal justice data--to improve their ability to analyze, predict, and respond pro-actively to local crime and disorder problems, as well as to engage in regional crime analysis. ``(f) Community-Based Prosecution Program.--Grants made under subsection (a) may be used to assist State, local or tribal prosecutors' offices in the implementation of community-based prosecution programs that build on local community policing efforts. Funds made available under this subsection may be used to-- ``(1) hire additional prosecutors who will be assigned to community prosecution programs, including programs that assign prosecutors to handle cases from specific geographic areas, to address specific violent crime and other local crime problems (including intensive illegal gang, gun and drug enforcement projects and quality of life initiatives), and to address localized violent and other crime problems based on needs identified by local law enforcement agencies, community organizations, and others; ``(2) redeploy existing prosecutors to community prosecution programs as described in paragraph (1) of this section by hiring victim and witness coordinators, paralegals, community outreach, and other such personnel; and ``(3) establish programs to assist local prosecutors' offices in the implementation of programs that help them identify and respond to priority crime problems in a community with specifically tailored solutions. At least 75 percent of the funds made available under this subsection shall be reserved for grants under paragraphs (1) and (2) and of those amounts no more than 10 percent may be used for grants under paragraph (2) and at least 25 percent of the funds shall be reserved for grants under paragraphs (1) and (2) to units of local government with a population of less than 50,000.''. (f) Retention Grants.--Section 1703 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by inserting at the end the following: ``(d) Retention Grants.--The Attorney General may use no more than 50 percent of the funds under subsection (a) to award grants targeted specifically for retention of police officers to grantees in good standing, with preference to those that demonstrate financial hardship or severe budget constraint that impacts the entire local budget and may result in the termination of employment for police officers funded under subsection (b)(1).''. (g) Definitions.-- (1) Career law enforcement officer.--Section 1709(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8) is amended by inserting after ``criminal laws'' the following: ``including sheriffs deputies charged with supervising offenders who are released into the community but also engaged in local community policing efforts.''. (2) School resource officer.--Section 1709(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8) is amended-- (A) by striking subparagraph (A) and inserting the following: ``(A) to serve as a law enforcement liaison with other Federal, State, and local law enforcement and regulatory agencies, to address and document crime and disorder problems including gangs and drug activities, firearms and explosives-related incidents, and the illegal use and possession of alcohol affecting or occurring in or around an elementary or secondary school;''; (B) by striking subparagraph (E) and inserting the following: ``(E) to train students in conflict resolution, restorative justice, and crime awareness, and to provide assistance to and coordinate with other officers, mental health professionals, and youth counselors who are responsible for the implementation of prevention/intervention programs within the schools;''; and (C) by adding at the end the following: ``(H) to work with school administrators, members of the local parent teacher associations, community organizers, law enforcement, fire departments, and emergency medical personnel in the creation, review, and implementation of a school violence prevention plan; ``(I) to assist in documenting the full description of all firearms found or taken into custody on school property and to initiate a firearms trace and ballistics examination for each firearm with the local office of the Bureau of Alcohol, Tobacco, and Firearms; ``(J) to document the full description of all explosives or explosive devices found or taken into custody on school property and report to the local office of the Bureau of Alcohol, Tobacco, and Firearms; and ``(K) to assist school administrators with the preparation of the Department of Education, Annual Report on State Implementation of the Gun-Free Schools Act which tracks the number of students expelled per year for bringing a weapon, firearm, or explosive to school.''. (h) Authorization of Appropriations.--Section 1001(a)(11) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) There are authorized to be appropriated to carry out part Q, to remain available until expended-- ``(i) $1,150,000,000 for fiscal year 2002; ``(ii) $1,150,000,000 for fiscal year 2003; ``(iii) $1,150,000,000 for fiscal year 2004; ``(iv) $1,150,000,000 for fiscal year 2005; ``(v) $1,150,000,000 for fiscal year 2006; and ``(vi) $1,150,000,000 for fiscal year 2007.''; and (2) in subparagraph (B)-- (A) by striking ``3 percent'' and inserting ``5 percent''; (B) by striking ``1701(f)'' and inserting ``1701(g)''; (C) by striking the second sentence and inserting ``Of the remaining funds, if there is a demand for 50 percent of appropriated hiring funds, as determined by eligible hiring applications from law enforcement agencies having jurisdiction over areas with populations exceeding 150,000, no less than 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations exceeding 150,000 or by public and private entities that serve areas with populations exceeding 150,000, and no less than 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations less than 150,000 or by public and private entities that serve areas with populations less than 150,000.''; (D) by striking ``85 percent'' and inserting ``$600,000,000''; and (E) by striking ``1701(b),'' and all that follows through ``of part Q'' and inserting the following: ``1701 (b) and (c), $350,000,000 to grants for the purposes specified in section 1701(e), and $200,000,000 to grants for the purposes specified in section 1701(f).''.

Providing Reliable Officers, Technology, Education, Community Prosecutors, and Training In Our Neighborhoods Act of 2001 or PROTECTION Act - Modifies provisions of the Omnibus Crime Control and Safe Streets Act of 1968 regarding public safety and community policing ("cops on the beat" program, COPS) to authorize the Attorney General to use funding under COPS grants to: (1) increase prosecutor presence and to enhance law enforcement access to new technologies; (2) pay overtime to existing career law enforcement officers to the extent that such overtime is devoted to community policing efforts; and (3) promote higher education among in-service State and local law enforcement officers by reimbursing them for the costs associated with seeking a college or graduate school education.Includes among permitted additional grant projects: (1) specialized integrity and ethics training; and (2) innovative proactive crime control and prevention programs involving school officials and religiously-affiliated organizations.Authorizes the Attorney General to use up to five percent of appropriated funds for technical assistance and training to States, local governments, Indian tribal governments, and other public and private entities.Repeals provisions of the Act regarding termination of grants for hiring officers.Allows grants to be used to assist: (1) police departments in employing specified professional, scientific, and technological advancements; and (2) State, local, or tribal prosecutors' offices in implementation of community-based prosecution programs that build on local community policing efforts. Reserves specified funds for units of local government with a population of less than 50,000.Authorizes the Attorney General to use no more than 50 percent of grant renewal funds to award grants targeted specifically for retention of police officers.

To provide reliable officers, technology, education, community prosecutors, and training in our neighborhoods.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vietnam Human Rights Sanctions Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Vietnam remains a one-party state, ruled and controlled by the Communist Party of Vietnam, which continues to deny the right of citizens to change their government. (2) Although in recent years the National Assembly of Vietnam has on occasion played a role as a forum for highlighting local concerns, corruption, and inefficiency, the National Assembly remains subject to the direction of the Communist Party of Vietnam and that party maintains control over the selection of candidates in national and local elections. (3) The Government of Vietnam forbids public challenge to the legitimacy of the one-party state, restricts freedoms of opinion, the press, assembly, and association, and tightly limits access to the Internet and telecommunication. Cyberattacks originating from Vietnam-based servers have disabled dissident websites and the Government of Vietnam introduced new restrictions on public internet shops while continuing to restrict access to numerous overseas and domestic blogs, news sites, and other websites perceived to carry content critical of the Government of Vietnam. (4) The Government of Vietnam continues to detain, imprison, place under house arrest, convict, and otherwise restrict individuals for the peaceful expression of dissenting political or religious views, including democracy and human rights activists, independent trade union leaders, non-state- sanctioned publishers, journalists, bloggers, members of ethnic minorities, and unsanctioned religious groups. (5) The Government of Vietnam has also failed to improve labor rights, continues to harass, arrest, and imprison workers rights activists, including Doan Huy Chuong, Do Thi Minh Hanh, and Nguyen Hoang Quoc Hung, and restricts the right to organize independently. (6) The Government of Vietnam continues to limit freedom of religion, pressure all religious groups to come under the control of government- and party-controlled management boards, and restrict the operation of independent religious organizations, including the Unified Buddhist Church of Vietnam and members of unsanctioned Mennonite, Cao Dai, Theravada Buddhist, and Hoa Hao Buddhist religious groups and independent Protestant house churches, primarily in the central and northern highlands. Religious leaders who do not conform to the Government's demands are often harassed, arrested, imprisoned, or put under house arrest. (7) As noted in the October 2009 report of the United States Commission on International Religious Freedom, ``[T]here continue to be far too many serious abuses and restrictions of religious freedom in the country. Individuals continue to be imprisoned or detained for reasons related to their religious activity or religious freedom advocacy; police and government officials are not held fully accountable for abuses; independent religious activity remains illegal; and legal protection for government-approved religious organizations are both vague and subject to arbitrary or discriminatory interpretations based on political factors. In addition, improvements experienced by some religious communities are not experienced by others, including the Unified Buddhist Church of Vietnam (UBCV), independent Hoa Hao, Cao Dai, and Protestant groups, and some ethnic minority Protestants and Buddhists. Also, over the past year, property disputes between the government and the Catholic Church in Hanoi led to detention, threats, harassment, and violence by `contract thugs' against peaceful prayer vigils and religious leaders.''. (8) Despite reported progress in church openings and legal registrations of religious venues, the Government of Vietnam has halted most religious reforms since the Department of State lifted the ``country of particular concern'' for religious freedom violations designation for Vietnam in November 2006. (9) Unregistered ethnic minority Protestant congregations suffer severe abuses because of actions by the Government of Vietnam, which have included forced renunciations of faith, pressure to join government-recognized religious groups, arrest and harassment, the withholding of social programs provided for the general population, destruction of churches and pagodas, confiscation and destruction of property, and subjection to severe beatings. (10) During peaceful Catholic prayer vigils calling for the return of government-confiscated church properties during 2008 at the Thai Ha Church in Ha Noi, protestors were dispersed after being harassed, some were detained, and some of the church property was destroyed. Similar incidents happened at Bau Sen, Loan Ly, and Tam Toa parishes in central Vietnam and more recently at Dong Chiem parish in Hanoi, where religious statues and a crucifix were destroyed and parishioners and clergies were physically harmed, and at Con Dau parish, where police forcibly dispersed a Catholic funeral ceremony in May 2010 to a cemetery located on disputed land. Afterwards, police and members of the civilian defense forces arrested and interrogated dozens of Con Dau parishioners, with one parishioner dying from injuries sustained during a beating in July 2010 by civilian defense forces and two women suffered miscarriages resulted from police tortures. Catholics continue to face some restrictions on selection of clergy, the establishment of seminaries and seminary candidates, and restrictions on individual cases of travel and church registration. Dissident clerics such as Father Phan Van Loi and Father Nguyen Van Ly are currently under house arrest. (11) The Unified Buddhist Church of Vietnam suffers persecution as the Government of Vietnam continues to restrict contacts and movement of senior clergy for refusing to join the state-sponsored Buddhist organizations, the Government restricts expression and assembly, and the Government continues to harass and threaten monks, nuns, and youth leaders of the Unified Buddhist Church of Vietnam. The Supreme Patriarch of Unified Buddhist Church of Vietnam, Thich Quang Do, is currently under house arrest. (12) The Bat Nha Buddhists monastery in Lam Dong province was attacked by government thugs in October 2009. About 400 monks and nuns were physically abused and forcibly evicted from the monastery. (13) The Government of Vietnam continues to suppress the activities of other religious adherents, including Cao Dai, Hoa Hao, Mennonites, and Montagnard Christians belonging to churches that lack official recognition or have chosen not to affiliate with the state-sanctioned groups, including through the use of detention and imprisonment. (14) Ethnic minority Hmong in the Northwest Highlands of Vietnam also suffer restrictions, abuses, and persecution by the Government of Vietnam, and although the Government is now allowing some Hmong Protestants to organize and conduct religious activity, some government officials continue to deny or ignore additional applications for registration. (15) The Government of Vietnam controls all print and electronic media, including access to the Internet, jams the signals of some foreign radio stations, including Radio Free Asia, and has detained and imprisoned individuals who have posted, published, sent, or otherwise distributed democracy- related materials. (16) People arrested in Vietnam because of their political or religious affiliations and activities and charged with vaguely defined national security crimes are not accorded due process of law. During the pre-trial investigatory phase of their detention, religious and political prisoners are often held incommunicado without access to legal counsel and family members. They are routinely tortured during interrogation to force them to confess to crimes they did not commit or to falsely denounce others. Their trials are usually closed to international press and diplomats and members of the public. (17) Vietnam continues to be a source country for the commercial sexual exploitation and forced labor of women and girls and for men and women legally entering into international labor contracts who subsequently face conditions of debt bondage or forced labor, and is a destination country for child trafficking and continues to have internal human trafficking. (18) Congress has passed numerous resolutions condemning human rights violations in Vietnam, indicating that although there has been an expansion of relations with the Government of Vietnam, it should not be construed as approval of the ongoing and serious violations of fundamental human rights in Vietnam, particularly those enshrined in the International Covenant on Civil and Political Rights, of which Vietnam is a signatory. (19) Enhancement of relations between the United States and Vietnam has provided an opportunity for a human rights dialogue, but is unlikely to lead to future progress on human rights issues in Vietnam unless the United States makes clear that such progress is an essential prerequisite for further enhancements in the bilateral relationship. SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN INDIVIDUALS WHO ARE COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST NATIONALS OF VIETNAM OR THEIR FAMILY MEMBERS. (a) In General.--Except as provided in subsection (d), the President shall impose sanctions described in subsection (c) with respect to each individual on the list required by subsection (b). (b) List of Individuals Who Are Complicit in Certain Human Rights Abuses.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of individuals who are nationals of Vietnam that the President determines are complicit in human rights abuses committed against nationals of Vietnam or their family members, regardless of whether such abuses occurred in Vietnam. (2) Updates of list.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1) as new information becomes available and not less frequently than annually. (3) Public availability.--The list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. (4) Consideration of data from other countries and nongovernmental organizations.--In preparing the list required by paragraph (1), the President shall consider data already obtained by other countries and nongovernmental organizations, including organizations in Vietnam, that monitor the human rights abuses of the Government of Vietnam. (c) Sanctions Described.--The sanctions described in this subsection are the following: (1) Prohibition on entry and admission to the united states.--An individual whose name appears on the list required by subsection (b)(1) may not-- (A) be admitted to, enter, or transit through the United States; (B) receive any lawful immigration status in the United States under the immigration laws, including any relief under the Convention Against Torture; or (C) file any application or petition to obtain such admission, entry, or status. (2) Financial sanctions.--The President shall impose sanctions authorized pursuant to section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702) with respect to an individual whose name appears on the list required by subsection (b)(1), including blocking of the property of, and restricting or prohibiting financial transactions and the exportation and importation of property by, the individual. (d) Exceptions To Comply With International Agreements.--The President may, by regulation, authorize exceptions to the imposition of sanctions under this section to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international agreements. (e) Termination of Sanctions.--The provisions of this section shall cease to have force and effect on the date on which the President determines and certifies to the appropriate congressional committees that the Government of Vietnam has-- (1) unconditionally released all political prisoners; (2) ceased its practices of violence, unlawful detention, torture, and abuse of citizens of Vietnam while engaging in peaceful political activity; and (3) conducted a transparent investigation into the killings, arrest, and abuse of peaceful political activists in Vietnam and prosecuted those responsible. (f) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Ways and Means, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives. (2) Convention against torture.--The term ``Convention Against Torture'' means the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984. (3) Immigration laws; national.--The terms ``immigration laws'' and ``national'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

Vietnam Human Rights Sanctions Act - Directs the President to: (1) impose financial and immigration/entry sanctions on listed nationals of Vietnam who are complicit in human rights abuses committed against nationals of Vietnam or their family members, regardless of whether such abuses occurred in Vietnam; and (2) submit to Congress a publicly available list of individuals determined to be complicit in such human rights abuses. Authorizes the President to waive sanctions to comply with international agreements. Terminates sanctions if the President certifies to Congress that the government of Vietnam has: (1) released all political prisoners; (2) ceased its practices of violence, detention, and abuse of citizens of Vietnam engaging in peaceful political activity; and (3) conducted a transparent investigation into the killings, arrest, and abuse of such political activists and prosecuted those responsible.

To impose sanctions on individuals who are complicit in human rights abuses committed against nationals of Vietnam or their family members, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Applied Partnerships (REAP) Act''. SEC. 2. APPLIED SCIENCES IN RENEWABLE ENERGY PILOT PROGRAM. (a) Establishment.--The Secretary of Energy shall establish a research pilot program for award grants to partnerships to improve education and training in support of applied sciences in the field of renewable energy as part of a comprehensive program to enhance the quality of science, technology, engineering, and mathematics instruction at the secondary school and undergraduate levels. Grants under this section may be used for-- (1) professional development and training for teachers; (2) purchase, rental, or leasing of equipment, instrumentation, and other educational and training materials; (3) improvement of facilities for providing education and training experiences in applied sciences in the field of renewable energy; (4) development of instructional programs designed to integrate education and training in applied sciences in renewable energy with the practical application of that education and training; (5) recruitment and retention of new faculty; (6) encouraging collaboration between faculty and industry partners; (7) supporting outreach efforts to recruit students; and (8) assessment of the activities funded under this Act. (b) Partnerships.--Grants awarded under subsection (a) shall be to the institution described in paragraph (1), as part of a partnership that-- (1) includes a 2-year degree granting institution of higher education offering an associates degree in applied science in a renewable energy field; (2) includes a 4-year degree granting institution of higher education; (3) includes a business or eligible nonprofit organization and labor organization; and (4) may include a State educational agency, other public agency, National Laboratory, or community-based organization. (c) Preference.--The Secretary of Energy shall give preference to awarding grants under this section for partnerships-- (1) whose proposal incorporates a technical preparation program described in section 203(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2373(c)); or (2) who can demonstrate the likely long-term stability of the program without continued Federal funding. (d) Diversity of Subject Matter.--The Secretary of Energy shall ensure that, to the extent possible, grants are provided under this Act for partnerships representing a wide diversity of renewable energy fields. (e) Federal Share.--The Federal share of the cost of activities carried out using amounts from a grant under subsection (a) shall not exceed 40 percent. (f) Limitation.--No single grant under subsection (a) may be made in an amount greater than $1,000,000 per year. (g) Public Information.--The Secretary of Energy shall make publicly available all curricula, planning documents, and other materials related to a project supported by a grant made under this Act. (h) Project Reports.--The Secretary of Energy shall require grant recipients under subsection (a) to submit a report to the Secretary, not later than 3 years after receiving the grant, on the results of the project supported by the grant. Each such report shall include an assessment of which elements of the project supported with the grant were successful and which were not, along with an identification and analysis of improvements that could have made the project more successful. The Secretary shall make all reports submitted under this subsection available to the public. (i) Definition.--For purposes of this section, the term ``renewable energy'' has the meaning given that term in section 609(a)(3) and (4) of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c(a)(3) and (4)). SEC. 3. REPORT. The Secretary of Energy shall evaluate the effectiveness of activities carried out under this Act. A report documenting the results of that evaluation shall be submitted to the Committee on Education and the Workforce and the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate not later than 5 years after the date of enactment of this Act. The report shall identify best practices and materials developed and demonstrated by partnerships awarded a grant. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $5,000,000 for fiscal year 2012; (2) $5,000,000 for fiscal year 2013; and (3) such sums as may be necessary for each of fiscal years 2014 and 2015.

Renewable Energy Applied Partnerships (REAP) Act - Directs the Secretary of Energy (DOE) to establish a research pilot program for awarding grants to certain partnerships to improve education and training in support of applied sciences in renewable energy as part of a comprehensive program to enhance the quality of science, technology, engineering, and mathematics (STEM) instruction at the secondary school and undergraduate levels of education.

To establish a pilot program to provide assistance for partnerships supporting applied sciences in renewable energy.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``VA Expiring Authorities Extension Act of 2013''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to title 38, United States Code. Sec. 3. Scoring of budgetary effects. Sec. 4. Extension of authorization of appropriations for payment of a monthly assistance allowance to disabled veterans training or competing in large-scale adaptive sports programs. Sec. 5. Reauthorization and modification of adaptive sports assistance program. Sec. 6. Extension of authority to transport certain individuals to and from Department of Veterans Affairs facilities. Sec. 7. Extension of authority for operation of the Department of Veterans Affairs regional office in Manila, the Republic of the Philippines. Sec. 8. Extension of requirement to provide nursing home care to certain veterans with service-connected disabilities. Sec. 9. Extension of treatment and rehabilitation services for seriously mentally ill and homeless veterans. Sec. 10. Extension of authority to provide housing assistance for homeless veterans. Sec. 11. Extension of authority for the Advisory Committee on Homeless Veterans. Sec. 12. Extension of authority for the Veterans' Advisory Commission on Education. Sec. 13. Extension of requirements relating to vendee loans. Sec. 14. Extension of authority for the performance of medical disabilities examinations by contract physicians. SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 3. SCORING OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. SEC. 4. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR PAYMENT OF A MONTHLY ASSISTANCE ALLOWANCE TO DISABLED VETERANS TRAINING OR COMPETING IN LARGE-SCALE ADAPTIVE SPORTS PROGRAMS. (a) Reauthorization and Use of Certain Funds.--Subsection (d)(4) of section 322 is amended by striking ``through 2013'' and all that follows and inserting ``through 2015.''. (b) Cooperation With Organization.--Subsection (b)(4) of such section is amended by striking ``cooperate with the United States Olympic Committee'' and all that follows through ``its partners;'' and inserting ``cooperate with entities with significant experience in managing large-scale adaptive sports programs;''. (c) Applicability to Commonwealths and Territories of the United States.--Such section is further amended by redesignating subsection (e) as subsection (f) and inserting after subsection (d) the following new subsection (e): ``(e) Applicability to Commonwealths and Territories of the United States.--The provisions of this subsection shall apply in the same manner and to the same degree as to the United States Olympic Committee to the Paralympic sport entities the Secretary considers appropriate to represent the interests of each of the following: ``(1) American Samoa. ``(2) Guam. ``(3) Puerto Rico. ``(4) The Northern Mariana Islands. ``(5) The United States Virgin Islands.''. SEC. 5. REAUTHORIZATION AND MODIFICATION OF ADAPTIVE SPORTS ASSISTANCE PROGRAM. (a) Reauthorization.--Subsection (a) of section 521A is amended to read as follows: ``(a) Adaptive Sports Program.--(1) The Secretary may carry out a program under which the Secretary may make grants to eligible entities for planning, developing, managing, and implementing programs to provide adaptive sports opportunities for disabled veterans and disabled members of the Armed Forces. ``(2) For purposes of this section, an eligible entity is an entity with significant experience in managing a large-scale adaptive sports program.''. (b) Additional Application Requirements.--Subsection (c)(2)(A) of such section is amended-- (1) by striking ``of all partnerships'' and all that follows through the end and inserting ``of--''; and (2) by adding at the end the following new clauses: ``(i) all partnerships referred to in paragraph (3) at the national and local levels that will be participating in such activities and the amount of grant funds that the eligible entity proposes to make available for each of such partnerships; ``(ii) the anticipated personnel, travel, and administrative costs that will be paid for by the eligible entity using grant funds; ``(iii) the financial controls implemented by the eligible entity, including methods to track expenditures of grant funds; ``(iv) the performance metrics to be used by the eligible entity to evaluate the effectiveness of the activities to be carried out using grant funds; and ``(v) the anticipated personnel, travel, and administrative costs that will be paid for by grantees under this subsection using grant funds; and''. (c) Use of Funds for Administrative Expenses.--Paragraph (4) of subsection (d) of such section is amended to read as follows: ``(4)(A) At the discretion of the Secretary, an eligible entity that receives a grant under this section may use a portion of the grant for the administrative expenses and personnel expenses of the eligible entity. The amount that may be used for such expenses may not exceed-- ``(i) in the case of a grant made for adaptive sports opportunities taking place during fiscal year 2014, 10 percent of the total amount of the grant; ``(ii) in the case of a grant made for adaptive sports opportunities taking place during fiscal year 2015, 7.5 percent of the total amount of the grant; and ``(iii) in the case of a grant made for adaptive sports opportunities taking place during any subsequent fiscal year, 5 percent of the total amount of the grant. ``(B) For purposes of this paragraph, personnel expenses include any costs associated with an employee of the eligible entity other than reimbursement for time spent by such an employee directly providing coaching or training for disabled veterans or members of the Armed Forces.''. (d) Funding.--Subsection (g) of such section is amended-- (1) by striking ``There is'' and inserting ``(1) There is''; (2) by striking ``through 2013'' and all that follows and inserting ``through 2015.''; and (3) by adding at the end the following new paragraph: ``(2) Amounts appropriated pursuant to this subsection shall remain available without fiscal year limitation.''. (e) Reauthorization.--Subsection (l) of such section is amended by striking ``may not provide assistance under this section after December 31, 2013'' and inserting ``may only provide assistance under this section for adaptive sports opportunities occurring during fiscal years 2010 through 2016''. (f) Comptroller General Report.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the use of the grants, if any, awarded under section 521A of title 38, United States Code, as amended by this section, during the first program year that begins after the date of the enactment of this Act. Such report shall include each of the following: (1) An assessment of how the Secretary of Veterans Affairs, eligible entities that received grants under such section, and grantees under subsection (c) of such section have provided adaptive sports opportunities to veterans and members of the Armed Forces through grants awarded under such section. (2) An assessment of how the Secretary oversees the use of funds provided under such section. (3) A description of the benefit provided to veterans and members of the Armed Forces through programs and activities developed through grants awarded under such section. (g) Technical and Conforming Amendments.--Section 521A, as amended by this section, is further amended-- (1) in subsection (b)-- (A) in the first sentence, by striking ``the United States Olympic Committee'' and inserting ``an eligible entity''; and (B) in the second sentence, by striking ``The United States Olympic Committee'' and inserting ``An eligible entity that receives a grant under this section''; (2) in subsection (c)-- (A) in paragraph (1)-- (i) by striking ``the United States Olympic Committee'' the first time it appears and inserting ``an eligible entity''; and (ii) by striking ``the United States Olympic Committee'' the second time it appears and inserting ``the eligible entity''; and (B) in paragraphs (2) and (3), by striking ``the United States Olympic Committee'' each place it appears and inserting ``the eligible entity''; (3) in subsection (d)-- (A) in paragraph (1)-- (i) by striking ``The United States Olympic Committee'' and inserting ``An eligible entity that receives a grant under this section,''; (ii) by striking ``a grant under this section'' and inserting ``the grant''; and (iii) by striking ``the United States Olympic Committee'' and inserting ``the eligible entity''; and (B) in paragraph (5), by striking ``the United States Olympic Committee'' and inserting ``an eligible entity that receives a grant under this section''; (4) in subsection (e)-- (A) by striking ``the United States Olympic Committee'' and inserting ``an eligible entity''; and (B) by striking ``the integrated adaptive sports program'' and inserting ``the adapted sports opportunities funded by the grant''; (5) in subsection (f), by striking ``the integrated adaptive sports program'' and inserting ``adapted sports opportunities funded under this section''; and (6) in subsection (j)-- (A) in paragraph (1)-- (i) by striking ``the United States Olympic Committee'' the first place it appears and inserting ``an eligible entity''; (ii) by striking ``the United States Olympic Committee'' the second place it appears and inserting ``the eligible entity''; (iii) by striking ``the integrated adaptive sports program,'' and inserting ``the adapted sports opportunities funded by the grant,''; and (iv) by striking ``the integrated adaptive sports program.'' and inserting ``such opportunities and programs.''; (B) by striking paragraph (3) and inserting the following new paragraph (3): ``(3) If an eligible entity that receives a grant under this section for any fiscal year does not submit the report required by paragraph (1) for such fiscal year, the entity shall not be eligible to receive a grant under this section for the subsequent fiscal year.''; and (7) by striking subsection (m). (h) Clerical Amendments.-- (1) Section heading.--The heading of such section is amended to read as follows: ``Sec. 521A. Adaptive sports programs for disabled veterans and members of the Armed Forces''. (2) Table of sections.--The table of sections at the beginning of chapter 5 is amended by striking the item relating to section 521A and inserting the following new item: ``512A. Adaptive sports programs for disabled veterans and members of the Armed Forces.''. (i) Implementation.--To ensure the uninterrupted provision of adaptive sports for disabled veterans and disabled members of the Armed Forces, any regulations that the Secretary of Veterans Affairs determines are necessary to implement the amendments made by this section may be promulgated by interim final rules to ensure the award of grants under section 521A of title 38, United States Code, as amended by this section, before the end of fiscal year 2014. SEC. 6. EXTENSION OF AUTHORITY TO TRANSPORT CERTAIN INDIVIDUALS TO AND FROM DEPARTMENT OF VETERANS AFFAIRS FACILITIES. Section 111A(a)(2) is amended by striking ``the date that is one year after the date of the enactment of this section'' and inserting ``December 31, 2014''. SEC. 7. EXTENSION OF AUTHORITY FOR OPERATION OF THE DEPARTMENT OF VETERANS AFFAIRS REGIONAL OFFICE IN MANILA, THE REPUBLIC OF THE PHILIPPINES. Section 315(b) is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. SEC. 8. EXTENSION OF REQUIREMENT TO PROVIDE NURSING HOME CARE TO CERTAIN VETERANS WITH SERVICE-CONNECTED DISABILITIES. Section 1710A(d) is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. SEC. 9. EXTENSION OF TREATMENT AND REHABILITATION SERVICES FOR SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS. (a) General Treatment.--Section 2031(b) is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (b) Additional Services at Certain Locations.--Section 2033(d) is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. SEC. 10. EXTENSION OF AUTHORITY TO PROVIDE HOUSING ASSISTANCE FOR HOMELESS VETERANS. Section 2041(c) is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. SEC. 11. EXTENSION OF AUTHORITY FOR THE ADVISORY COMMITTEE ON HOMELESS VETERANS. Section 2066(d) is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. SEC. 12. EXTENSION OF AUTHORITY FOR THE VETERANS' ADVISORY COMMISSION ON EDUCATION. Section 3692(c) is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. SEC. 13. EXTENSION OF REQUIREMENTS RELATING TO VENDEE LOANS. Section 3733(a)(7) is amended by striking ``September 30, 2013'' each place it appears and inserting ``September 30, 2014''. SEC. 14. EXTENSION OF AUTHORITY FOR THE PERFORMANCE OF MEDICAL DISABILITIES EXAMINATIONS BY CONTRACT PHYSICIANS. Section 704(c) of the Veterans Benefits Act of 2003 (Public Law 108-183; 38 U.S.C. 5101 note) is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the House on December 10, 2013. VA Expiring Authorities Extension Act of 2013 - (Sec. 4) Extends through FY2015 the authorization of appropriations to the Department of Veterans Affairs (VA) for: (1) payment by the VA Secretary of a monthly assistance allowance to disabled veterans (veterans) and members of the Armed Forces (members) training or competing for the U.S. Paralympic Team, and (2) a program for establishing and carrying out related programs and events. (Sec. 5) Allows any entity with significant experience in managing large-scale adaptive sports programs (under current law, only the United States Olympic Committee) to receive VA grants for planning, developing, managing, and implementing programs to provide adaptive sports opportunities for veterans and members. Extends funding assistance to include any such opportunities occurring during FY2010-FY2016. Requires a report from the Comptroller General on the use of such funds during the first program year after the date of enactment of this Act. (Sec. 6) Extends through 2014: (1) VA authority to transport individuals to and from VA facilities in connection with vocational rehabilitation, counseling, examination, treatment, or care; (2) VA authority to operate a regional office in the Republic of the Philippines; (3) the VA requirement to provide nursing home care to any veteran with a service-connected disability rated at 70% or more and in need of such care; (4) VA authority to provide treatment, rehabilitation, and related services for seriously mentally ill and homeless veterans; (5) VA authority to provide expanded services and housing assistance to homeless veterans; (6) the Advisory Committee on Homeless Veterans; (7) the Veterans' Advisory Commission on Education; and (8) the temporary authority for the performance of VA medical disability examinations by contract physicians. (Sec. 13) Extends through FY2014 VA requirements resulting from default on VA-guaranteed loans.

VA Expiring Authorities Extension Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workers' Pension Protection Act''. TITLE I--MINIMUM GUARANTEED BENEFITS SEC. 101. MULTIEMPLOYER PLAN BENEFITS GUARANTEE. (a) In General.--Section 4022A(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322A(c)) is amended-- (1) by striking ``$5'' each place it appears in paragraph (1) and inserting ``$11'', (2) by striking ``$15'' in paragraph (1) and inserting ``$33'', and (3) by striking paragraphs (2), (5), and (6) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (b) Conforming Amendment.--Section 4244(e)(4) of such Act (29 U.S.C. 1424(e)(4)) is amended by striking ``and without regard to section 4022A(c)(2)''. (c) Effective Date.--The amendments made by this section shall apply to benefits payable after the date of the enactment of this Act, except that such amendments shall not apply to any multiemployer plan that has received financial assistance (within the meaning of section 4261 of the Employee Retirement Income Security Act of 1974) within the 1-year period ending on the date of the enactment of this Act. TITLE II--TREATMENT OF ASSET DEFICIENT MULTIEMPLOYER PENSION PLANS SEC. 201. FUNDING REQUIREMENTS FOR ASSET DEFICIENT MULTIEMPLOYER PLANS. (a) In General.--Part 3 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 301 et seq.) is amended by redesignating section 308 as section 309 and by adding after section 307 the following: ``SEC. 308. RESTRICTIONS ON ASSET DEFICIENT MULTIEMPLOYER PLANS. ``(a) Limitation on Benefit Increases for Asset Deficient Plans.-- The trustees of a multiemployer plan shall not increase benefits for a plan year if the plan is an asset deficient plan (as defined in subsection (e)(5)) on the last day of the plan year immediately preceding the plan year in which the increase in benefits would take effect. ``(b) Limitation on Amount of Benefit Increase for Other Multiemployer Plans.--The trustees of a multiemployer plan to which subsection (a) does not apply shall not increase benefits for a plan year to the extent the increase in benefits would result in a funded current liability percentage of less than 90 percent for the plan year in which the benefit increase takes effect (determined by taking into account the amount of the unfunded current liability under the plan attributable to the benefit increase). ``(c) Treatment of Interest Rates.-- ``(1) In general.--The rate of interest used to determine current liabilities of a multiemployer plan for purposes of this section shall be the rate of interest used under section 302(b)(5)(B), except that the highest rate in the permissible range under clause (ii) thereof shall not exceed the specified percentage under paragraph (2) of the weighted average referred to in such clause. ``(2) Specified percentage.--For purposes of paragraph (1), the specified percentage shall be determined as follows: ``In the case of plan years The specified beginning in calendar year: percentage is: 1999.......................................... 109 2000.......................................... 108 2001.......................................... 107 2002.......................................... 106 2003.......................................... 105. ``(d) Treatment of Mortality Tables.-- ``(1) Standard table.--In the case of plan years beginning before the first plan year to which the first tables prescribed under paragraph (2) apply, the mortality table used in determining current liability of a multiemployer plan for purposes of this subsection shall be the table prescribed by the Secretary of Labor which must be based on the prevailing standard table (described in section 807 of the Internal Revenue Code of 1986) used by the Commissioner of Internal Revenue to determine reserves for group annuity contracts issued on January 1, 1993. ``(2) Secretarial authority.--The Secretary of Labor shall by regulation prescribe mortality tables to be used in determining current liability under this subsection for plan years beginning after December 31, 2000. Such tables shall be identical to those prescribed by the Secretary of the Treasury under section 412(l)(7)(C)(ii)(II) of the Internal Revenue Code of 1986. ``(e) Definitions.--For purposes of this section-- ``(1) Benefits.--The term `benefits' means all benefits to participants and their beneficiaries under a multiemployer plan. ``(2) Current liability.--The term `current liability' means all liabilities to participants and their beneficiaries under a multiemployer plan. ``(3) Unfunded current liability.--The term `unfunded current liability' means, with respect to any plan year, the excess (if any) of-- ``(A) the current liability under a multiemployer plan, over ``(B) the value of the assets of the plan determined under section 302(c)(2), reduced by any credit balance in the funding standard account. The Secretary of Labor may provide for such reduction for purposes of any other provision which references this paragraph. ``(4) Funded current liability percentage.--The term `funded current liability percentage' means, with respect to any plan year, the percentage which-- ``(A) the amount determined under paragraph (3)(B), is of ``(B) the current liability under the multiemployer plan. ``(5) Asset deficient plan.--The term `asset deficient plan' means, with respect to any plan year, a multiemployer plan with a funded current liability percentage of 95 percent or less.'' (b) Conforming Amendment.--The table of sections for part 3 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by striking the item relating to section 308 and inserting the following: ``Sec. 308. Restrictions on asset deficient multiemployer plans. ``Sec. 309. Effective dates.'' SEC. 202. EXCEPTION TO RULE PROHIBITING DECREASE OF ACCRUED BENEFITS. Section 204(g)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(g)(1)) is amended by inserting ``or an amendment which reduces an increase in accrued benefits resulting from an increase in benefits prohibited by section 308 (a) or (b)'' after ``4281''. SEC. 203. NOTICE TO PARTICIPANTS AND OTHERS OF MULTIEMPLOYER PLAN FUNDING STATUS. Section 105 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025) is amended by adding at the end the following: ``(e) Not later than 180 days after the close of each plan year, the trustees of a multiemployer plan shall provide to plan participants, beneficiaries, and employers contributing to the plan-- ``(1) notice of the plan's funded current liability percentage on the last day of the preceding plan year, and ``(2) notice of the limits on the Pension Benefit Guaranty Corporation's guarantee should the plan become insolvent. Such notice shall be written in a manner so as to be understood by the average plan participant.'' SEC. 204. EFFECTIVE DATE. The amendments made by this title shall apply to plan years beginning after December 31, 1998. TITLE III--ACTUARIAL ASSUMPTIONS SEC. 301. INTEREST RATE AND MORTALITY ASSUMPTIONS USED IN DETERMINING WITHDRAWAL LIABILITY. (a) In General.--Section 4213(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1393(b)) is amended by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, by inserting ``(1)'' before ``In determining'', and by adding at the end the following new paragraph: ``(2) Effective for plan years beginning after December 31, 1998-- ``(A) Interest rate.--The rate of interest used to determine an employer's withdrawal liability under this part shall be the rate of interest determined under section 308(c). ``(B) Mortality tables.--The mortality table used in determining an employer's withdrawal liability under this part shall be the mortality table determined under section 308(d) for determining current liability.'' (b) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 1998. TITLE IV--ADMINISTRATION AND ENFORCEMENT SEC. 401. ADMINISTRATION AND ENFORCEMENT REQUIREMENTS. Section 502(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(a)) is amended by striking ``or'' at the end of paragraph (8), by striking the period at the end of paragraph (9) and inserting ``, or'', and by adding at the end the following: ``(10) by an employer which contributes to a multiemployer plan-- ``(A) to enjoin any act or practice which violates any provision of section 308, 204(g)(1), or 105(e), or ``(B) to obtain other appropriate equitable relief-- ``(i) to redress such violations of such sections, or ``(ii) to enforce any provision of such sections.'' SEC. 402. ATTORNEY'S FEES AND COSTS. Section 502(g) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(g)) is amended by adding at the end the following: ``(3) In any action under subsection (a)(10) by an employer, the court in its discretion may allow a reasonable attorney's fee and costs of action to either party.'' SEC. 403. CIVIL ACTIONS BY CORPORATION. Section 4003(e)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1303(e)(1)) is amended by striking ``and'' before subparagraph (B) and by adding before the period at the end the following: ``, and (C) in the case of a multiemployer plan, sections 308, 204(g)(1), 105(e), and 4213(b)(2).'' SEC. 404. EFFECTIVE DATE. The amendments made by this title shall apply to actions relating to acts or practices involving plan years beginning after December 31, 1998. TITLE V--INCREASE IN MULTIEMPLOYER PLAN INSURANCE PREMIUMS SEC. 501. INCREASE IN MULTIEMPLOYER PLAN INSURANCE PREMIUMS. (a) In General.--Section 4006(a)(3)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)(A)) is amended-- (1) in clause (iii)-- (A) by inserting ``and before January 1, 1999,'' before ``an amount'', and (B) by striking the period at the end of subclause (IV) and inserting ``, and'', and (2) by adding at the end the following: ``(iv) in the case of a multiemployer plan, for plan years beginning after December 31, 1998, an amount equal to-- ``(I) $3.50 for each participant for plan years beginning in 1999, ``(II) $4.35 for each participant for plan years beginning in 2000, and ``(III) $5.20 for each participant for plan years beginning after December 31, 2000.'' (b) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 1998.

TABLE OF CONTENTS: Title I: Minimum Guaranteed Benefits Title II: Treatment of Asset Deficient Multiemployer Pension Plans Title III: Actuarial Assumptions Title IV: Administration and Enforcement Title V: Increase in Multiemployer Plan Insurance Premiums Workers' Pension Protection Act - Amends the Employee Retirement Income Security Act of 1974 to revise protections for workers in multiemployer pension plans. Title I: Minimum Guaranteed Benefits - Revises a formula and increases the amount of multiemployer plan benefits guaranteed by the Pension Benefit Guaranty Corporation. Title II: Treatment of Asset Deficient Multiemployer Pension Plans - Prohibits multiemployer pension plan trustees from increasing benefits if the plan is an asset deficient plan with a funded current liability percentage of 95 percent or less. Allows a plan that is not asset deficient to choose to increase benefits if the benefit increase would not reduce the funding levels to below 90 percent. Requires multiemployer plans to use specified interest rate assumptions and mortality tables. Modifies a rule which prohibits decrease of accrued benefits to make an exception for plan amendments which reduce an increase resulting from an increase in benefits prohibited under this title. Requires multiemployer plan administrators to notify plan participants, beneficiaries, and contributing employers of the plan's funding status and the limits of the guarantee by the PBGC if the plan becomes insolvent. Title III: Actuarial Assumptions - Requires multiemployer plans, for purposes of determining withdrawal liability, to adopt the interest rate and mortality tables for determining current liability which are specified under title I of this Act. Title IV: Administration and Enforcement - Grants employers that contribute to multiemployer plans the right to seek an injunction against a plan to prevent an impermissible benefit increase or any other violations of specified provisions, or obtain other appropriate relief to redress such violations or enforce such provisions. Authorizes a court, in its discretion, to award reasonable attorney's fees and costs to either party in such actions. Title V: Increase in Multiemployer Plan Insurance Premiums - Provides for phased-in increases in multiemployer plan insurance premiums.

Workers' Pension Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bringing Useful Initiatives for Indian Land Development Act of 2017'' or the ``BUIILD Act of 2017''. SEC. 2. ENVIRONMENTAL REVIEW. Section 105 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4115) is amended by adding at the end the following: ``(e) Consolidation of Environmental Review Requirements.-- ``(1) In general.--If a recipient is using one or more sources of Federal funds in addition to grant amounts under this Act in carrying out a project that qualifies as an affordable housing activity under section 202, where grant amounts under this Act constitute the largest single source of Federal funds that the recipient reasonably expects to commit to the project at the time of environmental review, the recipient's tribe may, in addition to assuming all of the responsibilities for environmental review, decisionmaking, and action pursuant to subsection (a), assume all of the additional responsibilities for environmental review, decisionmaking, and action under provisions of law that would apply to the Federal agencies that are the other sources of Federal funds for the project. ``(2) Discharge.--A tribe's compliance with the additional responsibilities described in paragraph (1), as well as the review requirements under the National Environmental Policy Act of 1969 and related laws specified in regulations issued under this section with regard to such project shall be deemed to discharge the responsibility of such other Federal agencies for compliance with any applicable environmental review requirements with respect to such project. ``(3) Certification.--In the case of a tribe that assumes additional responsibilities described in paragraph (1), the certification under subsection (c) shall, in addition to the content required under subsection (c), specify-- ``(A) the additional responsibilities that the tribe has fully carried out under this subsection; and ``(B) that the certifying officer consents to assume the status of a responsible Federal official under such additional provisions of law. ``(4) Liability.-- ``(A) In general.--A tribe that completes an environmental review pursuant to this subsection shall assume sole liability for the content and quality of the review. ``(B) Remedies and sanctions.--In the event that the Secretary has approved a certification and release of funds for a project in accordance with subsection (b), but the Secretary or another funding Federal agency subsequently learns that a tribe failed to carry out its responsibilities as described in subsection (a), the appropriate remedies and sanctions may be imposed in accordance with regulations issued pursuant to section 106, or in accordance with other sources of Federal funds assisting the project. ``(C) Statutory violation waivers.--In the event that a statutory violation waiver request is made under subsection (d) and is approved by the Secretary, such approval of the waiver request shall discharge other sources of Federal funds assisting the project from imposing remedies or sanctions.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 108 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4117) is amended in the first sentence by striking ``2009 through 2013'' and inserting ``2018 through 2025''. SEC. 4. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR HOUSING PURPOSES. Section 702 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4211) is amended-- (1) in the section heading, by striking ``50'' and inserting ``99''; (2) in subsection (b), by striking ``50 years'' and inserting ``99 years''; and (3) in subsection (c)-- (A) in paragraph (1), by inserting ``(in effect before, on, or after the date of enactment of the Bringing Useful Initiatives for Indian Land Development Act of 2017)'' after ``law''; and (B) in paragraph (2), by striking ``50 years'' and inserting ``99 years''. SEC. 5. TRAINING AND TECHNICAL ASSISTANCE. Section 703 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4212) is amended to read as follows: ``SEC. 703. TRAINING AND TECHNICAL ASSISTANCE. ``There are authorized to be appropriated for assistance for providing training and technical assistance to Indian tribes and tribally designated housing entities such sums as may be necessary for each of fiscal years 2018 through 2025. Such assistance shall be made available to training and technical assistance providers.''. SEC. 6. LOAN GUARANTEES FOR INDIAN HOUSING. Section 184(i) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)) is amended-- (1) in paragraph (5)-- (A) in subparagraph (B), by inserting after the period at the end of the first sentence the following: ``There are authorized to be appropriated for those costs $12,200,000 for each of fiscal years 2018 through 2025.''; and (B) in subparagraph (C), by striking ``2008 through 2012'' and inserting ``2018 through 2025''; and (2) in paragraph (7), by striking ``2008 through 2012'' and inserting ``2018 through 2025''. SEC. 7. LEVERAGING. All funds provided under a grant made pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) may be used for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program.

Bringing Useful Initiatives for Indian Land Development Act of 2017 or BUIILD Act of 2017 This bill amends the Native American Housing Assistance and Self-Determination Act of 1996 to modify the environmental review process used for certain affordable housing activities on Indian reservations. Specifically, the bill allows an Indian tribe that receives federal funds in addition to block grant amounts under the Act to assume all of the responsibilities for environmental review that would apply to the federal agencies providing funds for the project if the grant amount constitutes the largest single source of federal funds that the tribe reasonably expects to commit to the project at the time of environmental review. The bill reauthorizes through FY2025 the block grant program for affordable housing activities on Indian reservations, training and technical assistance for Indian tribes and tribally designated housing entities, and the Indian Housing Loan Guarantee Fund. In addition, the bill increases from 50 years to 99 years the term that tribal trusts or restricted lands may be leased for housing development and residential purposes. Funds provided under a grant under the Act may be used to meet matching or cost participation requirements under other federal or nonfederal programs.

Bringing Useful Initiatives for Indian Land Development Act of 2017

SECTION 1. FINDINGS. Congress finds the following: (1) As of the date of enactment of this Act, the existing infrastructure of Grand Canyon National Park is not adequate to serve the purposes for which the Park was established. (2) Improving the infrastructure of the Park would enhance the natural and cultural resources of the Park and the quality of the experiences of visitors to the Park. (3) Through the development of a general management plan, the Director of the National Park Service has identified reasonable measures that are necessary to improve the infrastructure and related services of the Park, including making improvements to transportation facilities and visitor services, and reusing historic structures appropriately. (4) In order for the Director to implement the general management plan referred to in paragraph (3) at the Park, it is necessary for the Director to be authorized to-- (A) enter into agreements with non-Federal entities to share the costs of the improvements; and (B) assess and collect a special surcharge in addition to the entrance fees otherwise collected by the National Park Service. SEC. 2. GRAND CANYON ENTRANCE FEE SURCHARGE. Notwithstanding any other provision of law, the Secretary of the Interior shall-- (1) authorize the Superintendent of the Grand Canyon National Park to charge and collect, in addition to the entrance fee collected pursuant to section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a), a surcharge in an amount not to exceed $2 for each individual charged such entrance fee; and (2) remit to the special account for Grand Canyon National Park infrastructure improvement amounts collected as a surcharge under such authority. SEC. 3. SPECIAL ACCOUNT FOR GRAND CANYON NATIONAL PARK INFRASTRUCTURE IMPROVEMENT. (a) Establishment.--The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish in the Treasury of the United States a special account for Grand Canyon National Park infrastructure improvement. (b) Administration of Account.--The Secretary of the Treasury shall-- (1) credit to the special account amounts remitted pursuant to section 2(2); and (2) make funds in the special account available for use only as provided in subsection (c). (c) Use of Funds.-- (1) In general.--The Secretary of the Interior, acting through the Director of the National Park Service, may use funds in the special account only to pay the Federal share of the cost of eligible projects. (2) Daily operations.--No funds in the special account may be used for daily operation of the Grand Canyon National Park. SEC. 4. ELIGIBLE PROJECTS. (a) Eligible Projects.--Subject to subsection (b), any project for the design, construction, operation, maintenance, repair, or replacement of a facility within the Grand Canyon National Park is eligible for funding in accordance with this Act. (b) Limitation.--A project referred to in subsection (a) shall be consistent with-- (1) the laws governing the National Park Service; (2) the Act entitled ``An Act to establish the Grand Canyon National Park in the State of Arizona'', approved February 26, 1919 (16 U.S.C. 221 et seq.), the Grand Canyon National Park Enlargement Act (16 U.S.C. 228a et seq.), and any related law; and (3) the general management plan for the Park. SEC. 5. COST-SHARING AGREEMENTS WITH NON-FEDERAL ENTITIES. (a) Agreements Required.--The Director of the National Park Service, in consultation with the Superintendent of the Grand Canyon National Park, shall enter into a cost-sharing agreement with a non- Federal Government entity for each eligible project. (b) Content.--The cost-sharing agreement shall specify the Federal share and the non-Federal share of the cost of the project and shall provide for payment of the non-Federal share by the non-Federal entity. (c) Authority To Cover Several Projects.--A cost-sharing agreement may cover more than one eligible project. SEC. 6. REGULATIONS. (a) Regulations Required.--The Secretary of the Interior shall prescribe regulations to carry out this Act. (b) Content.--The regulations shall include the following matters: (1) The procedures for the management of the special account. (2) The manner in which funds for payment of the non- Federal share of the cost of an eligible project may be solicited and acknowledged. (3) Provisions for ensuring the protection of the natural, cultural, and other resources that the Park was established to protect. (4) Provisions to encourage funding from the private sector only for projects that contribute to the restoration and protection of the resources referred to in paragraph (3). (5) Protections against the commercialization of the Grand Canyon National Park. (6) Procedures to prevent the creation of a conflict of interest with respect to an employee of the Federal Government. (7) Provisions for continuous participation of the general public in the oversight of the implementation of this Act. (c) Notice and Public Comment.--The Secretary shall carry out subsection (a) in accordance with section 553 of title 5, United States Code (relating to publication of notice and opportunity for public comment), without regard to any applicable exception provided in such section. SEC. 7. REPORT. (a) Report Required.--Not later than 5 years after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress a report on the Grand Canyon National Park infrastructure improvement authority provided in this Act. (b) Content of Report.--The report shall include the following matters: (1) An assessment of the effectiveness of the exercise of authority under this Act to improve the infrastructure of the Grand Canyon National Park. (2) Any recommended legislation with respect to-- (A) the surcharge authorized under section 2; (B) the special account; (C) the use of the special account for funding eligible projects; or (D) any other matter that the Secretary determines to be related to the authority provided under this Act. SEC. 8. DEFINITIONS. As used in this Act: (1) Facility.--The term ``facility'' includes any structure, road, trail, utility, or other facility that is used or to be used for or in support of-- (A) the protection or restoration of a natural or cultural resource; (B) an interpretive service; or (C) any other service or activity that the Secretary determines to be related to the operation of the Grand Canyon National Park. (2) Federal share.--The term ``Federal share'', with respect to the cost of an eligible project, means the percent of the cost of such project that is paid with Federal funds, including funds disbursed from the special account. (3) Non-federal share.--The term ``non-Federal share'', with respect to the cost of an eligible project, means the percent of the cost of such project that is paid with funds other than funds referred to in paragraph (2). (4) Eligible project.--The term ``eligible project'' is any project that is eligible for funding in accordance with this Act. (5) Special account.--The terms ``special account for Grand Canyon National Park infrastructure improvement'' and ``special account'' mean the account established pursuant to section 3.

Directs the Secretary of the Interior to authorize the Superintendent of the Grand Canyon National Park to: (1) charge and collect, in addition to the entrance fee, a surcharge in an amount not to exceed $2 for each individual charged such fee; and (2) remit the surcharge to the special account for the Grand Canyon National Park infrastructure improvement established by this Act. Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to use funds in the special account to pay the Federal share of the cost of eligible projects such as the design, construction, operation, maintenance, repair, or replacement of a facility within the Park that meets specified guidelines. Requires the Director to enter into a cost-sharing agreement with a non-Federal Government entity for each eligible project. Requires the Secretary to report to the Congress on the Park infrastructure improvement.

A bill to authorize an entrance fee surcharge at the Grand Canyon National Park, and for other purposes.

SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Stop Sweatshops Act of 1996''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Fair Labor Standards Act of 1938. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The production of garments in violation of minimum labor standards burdens commerce and the free flow of goods in commerce by spreading and perpetuating labor conditions that undermine minimum living standards and by providing an unfair means of competition to the detriment of employers who comply with the law. (2) The existence of working conditions detrimental to fair competition and the maintenance of minimum standards of living necessary for health, efficiency, and general well-being of workers are a continuing and growing problem in the domestic garment industry. (3) The Congress concurs in the findings of the Comptroller General that most sweatshop employers violate the recordkeeping requirements of the Fair Labor Standards Act of 1938 and that the failure of such employers to maintain adequate records has and continues to adversely affect the ability of the Department of Labor to collect wages due to workers. (4) The amendment of the Fair Labor Standards Act of 1938 to provide for legal responsibility on the part of manufacturers for compliance with such Act's wage and hour, child labor, and industrial homework provisions by contractors in the garment industry and to provide civil penalties for violations of that Act's recordkeeping requirements is necessary to promote fair competition and working conditions that are not detrimental to the maintenance of health, efficiency, and general well-being of workers in the garment industry. SEC. 3. LEGAL RESPONSIBILITY FOR COMPLIANCE WITH WAGE AND HOUR PROVISIONS IN THE GARMENT INDUSTRY. (a) Amendment.--The Fair Labor Standards Act of 1938 is amended by adding after section 14 the following: ``legal responsibility for compliance in the garment industry with sections 6 and 7 ``Sec. 14A. (a) Every manufacturer engaged in the garment industry who contracts to have garment manufacturing operations performed by another person as a contractor-- ``(1) shall be civilly liable, with respect to those garment manufacturing operations, to the same extent as the contractor for any violation by the contractor of section 6 (except for violations of subsection (d)) or 7, for any violation by the contractor of the provisions of section 11 regulating, restricting, or prohibiting industrial homework, and for violation by the contractor of section 12; and ``(2) shall be subject to the same civil penalties assessed against the contractor for violations of such sections. ``(b) For purposes of this section: ``(1) The term `garment industry' means the designing, cutting, sewing, dyeing, washing, finishing, assembling, pressing, or otherwise producing men's, women's, children's, or infants' apparel, including clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts, or a section or component of apparel, except for pre-manufactured items such as buttons, zippers, snaps, and studs, designed or intended to be worn by any individual which is to be sold or offered for sale. ``(2) The term `manufacturer' means any person who (A) contracts, directly or indirectly through an intermediary or otherwise, with a contractor to perform the cutting, sewing, dyeing, washing, finishing, assembling, pressing, or otherwise producing any men's, women's, children's, or infants' apparel, including clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts, or a section or component of apparel, except for pre-manufactured items such as buttons, zippers, snaps, and studs, designed or intended to be worn by any individual which is to be sold or offered for sale, including a retailer engaged in such activities, or (B) designs, cuts, sews, dyes, washes, finishes, assembles, presses, or otherwise produces or is responsible for the production of any men's, women's, children's, or infants' apparel, including clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts, or a section or component of apparel, except for pre-manufactured items such as buttons, zippers, snaps, and studs, designed or intended to be worn by any individual which is to be sold or offered for sale. ``(3) The term `contractor' means any person who contracts, directly or indirectly through an intermediary or otherwise, with a manufacturer to perform the cutting, sewing, dyeing, washing, finishing, assembling, pressing, or otherwise producing any men's, women's, children's, or infants' apparel, including clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts, or a section or component of apparel, except for pre-manufactured items such as buttons, zippers, snaps, and studs, designed or intended to be worn by any individual which is to be sold or offered for sale. ``(4) The term `retailer' means any person engaged in the sale of apparel to the ultimate consumer for personal use.''. (b) Liability to Employees.--Section 16 (29 U.S.C. 216) is amended-- (1) in subsection (b), by adding after the first sentence the following: ``A manufacturer in the garment industry (as defined in section 14A(b)(2)) shall also be jointly and severally liable to such an employee to the same extent as the contractor in the garment industry (as defined in section 14A(b)(3)) who employed such employee if the contractor violated section 6 (other than subsection (d)) or 7 in the production of apparel or components of apparel for such manufacturer.''; (2) in subsection (b), by inserting in the last sentence ``or by a manufacturer in the garment industry'' after ``by an employer''; and (3) in subsection (c)-- (A) by striking ``first sentence'' and inserting ``first or second sentences''; and (B) by inserting ``or by a manufacturer in the garment industry'' after ``liable'' SEC. 4. RECORDKEEPING. Section 16(e) (29 U.S.C. 216(e)) is amended by adding after the first sentence the following: ``Any person who fails to establish, maintain, and preserve payroll records as required under section 11(c) shall be subject to a civil penalty of not to exceed $1000 for each employee who was the subject of such a violation. The Secretary may, in the Secretary's discretion, compute civil penalties under this subsection for each pay period for willful violations. Any person who submits fraudulent payroll records to the agencies enforcing this Act in any of its investigations or hearings or as evidence in a court action, which records conceal the actual hours of labor worked by employees or the violation of section 6, 7, 11(d), or 12 shall be subject to a civil penalty of $10,000 per act of fraud and $15,000 per act of fraud for a second offense. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of 30 days from the date of its enactment.

Stop Sweatshops Act of 1996 - Amends the Fair Labor Standards Act of 1938 to provide for the civil liability of manufacturers for sweatshop conditions in the garment industry. Sets forth civil penalties for violation of recordkeeping and payroll accounting requirements.

Stop Sweatshops Act of 1996

SECTION 1. HEALTH CARE FRAUD AND ABUSE GUIDANCE. (a) Solicitation and Publication of Modifications to Existing Safe Harbors and New Safe Harbors.-- (1) In general.-- (A) Solicitation of proposals for safe harbors.-- Not later than January 1, 1995, and not less than annually thereafter, the Secretary of Health and Human Services (hereafter in this section referred to as the ``Secretary'') shall publish a notice in the Federal Register soliciting proposals, which will be accepted during a 60-day period, for-- (i) modifications to existing safe harbors issued pursuant to section 14(a) of the Medicare and Medicaid Patient and Program Protection Act of 1987 (42 U.S.C. 1320a-7b note); (ii) additional safe harbors specifying payment practices that shall not be treated as a criminal offense under section 1128B(b) of the Social Security Act the (42 U.S.C. 1320a- 7b(b)) and shall not serve as the basis for an exclusion under section 1128(b)(7) of such Act (42 U.S.C. 1320a-7(b)(7)); (iii) interpretive rulings to be issued pursuant to subsection (b); and (iv) special fraud alerts to be issued pursuant to subsection (c). (B) Publication of proposed modifications and proposed additional state harbors.--After considering the proposals described in clauses (i) and (ii) of subparagraph (A), the Secretary, in consultation with the Attorney General, shall publish in the Federal Register proposed modifications to existing safe harbors and proposed additional safe harbors, if appropriate, with a 60-day comment period. After considering any public comments received during this period, the Secretary shall issue final rules modifying the existing safe harbors and establishing new safe harbors, as appropriate. (C) Report.--The Inspector General of the Department of Health and Human Services (hereafter in this section referred to as the ``Inspector General'') shall, in an annual report to Congress or as part of the year-end semiannual report required by section 5 of the Inspector General Act of 1978 (5 U.S.C. App.), describe the proposals received under clauses (i) and (ii) of subparagraph (A) and explain which proposals were included in the publication described in subparagraph (B), which proposals were not included in that publication, and the reasons for the rejection of the proposals that were not included. (2) Criteria for modifying and establishing safe harbors.-- In modifying and establishing safe harbors under paragraph (1)(B), the Secretary may consider the extent to which providing a safe harbor for the specified payment practice may result in any of the following: (A) An increase or decrease in access to health care services. (B) An increase or decrease in the quality of health care services. (C) An increase or decrease in patient freedom of choice among health care providers. (D) An increase or decrease in competition among health care providers. (E) An increase or decrease in the ability of health care facilities to provide services in medically underserved areas or to medically underserved populations. (F) An increase or decrease in the cost to Government health care programs. (G) An increase or decrease in the potential overutilization of health care services. (H) The existence or nonexistence of any potential financial benefit to a health care professional or provider which may vary based on their decisions of-- (i) whether to order a health care item or service; or (ii) whether to arrange for a referral of health care items or services to a particular practitioner or provider. (I) Any other factors the Secretary deems appropriate in the interest of preventing fraud and abuse in Government health care programs. (b) Interpretive Rulings.-- (1) In general.-- (A) Request for interpretive ruling.--Any person may present, at any time, a request to the Inspector General for a statement of the Inspector General's current interpretation of the meaning of a specific aspect of the application of sections 1128A and 1128B of the Social Security Act (hereafter in this section referred to as an ``interpretive ruling''). (B) Issuance and effect of interpretive ruling.-- (i) In general.--If appropriate, the Inspector General shall in consultation with the Attorney General, issue an interpretive ruling in response to a request described in subparagraph (A). Interpretive rulings shall not have the force of law and shall be treated as an interpretive rule within the meaning of section 553(b) of title 5, United States Code. All interpretive rulings issued pursuant to this provision shall be published in the Federal Register or otherwise made available for public inspection. (ii) Reasons for denial.--If the Inspector General does not issue an interpretive ruling in response to a request described in subparagraph (A), the Inspector General shall notify the requesting party of such decision and shall identify the reasons for such decision. (2) Criteria for interpretive rulings.-- (A) In general.--In determining whether to issue an interpretive ruling under paragraph (1)(B), the Inspector General may consider-- (i) whether and to what extent the request identifies an ambiguity within the language of the statute, the existing safe harbors, or previous interpretive rulings; and (ii) whether the subject of the requested interpretive ruling can be adequately addressed by interpretation of the language of the statute, the existing safe harbor rules, or previous interpretive rulings, or whether the request would require a substantive ruling not authorized under this subsection. (B) No rulings on factual issues.--The Inspector General shall not give an interpretive ruling on any factual issue, including the intent of the parties or the fair market value of particular leased space or equipment. (c) Special Fraud Alerts.-- (1) In general.-- (A) Request for special fraud alerts.--Any person may present, at any time, a request to the Inspector General for a notice which informs the public of practices which the Inspector General considers to be suspect or of particular concern under section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-7b(b)) (hereafter in this subsection referred to as a ``special fraud alert''). (B) Issuance and publication of special fraud alerts.--Upon receipt of a request described in subparagraph (A), the Inspector General shall investigate the subject matter of the request to determine whether a special fraud alert should be issued. If appropriate, the Inspector General shall in consultation with the Attorney General, issue a special fraud alert in response to the request. All special fraud alerts issued pursuant to this subparagraph shall be published in the Federal Register. (2) Criteria for special fraud alerts.--In determining whether to issue a special fraud alert upon a request described in paragraph (1), the Inspector General may consider-- (A) whether and to what extent the practices that would be identified in the special fraud alert may result in any of the consequences described in subsection (a)(2); and (B) the volume and frequency of the conduct that would be identified in the special fraud alert.

Directs the Secretary of Health and Human Services (HHS) annually to publish in the Federal Register a notice soliciting proposals for: (1) modifications to existing safe harbors issued pursuant to the Medicare and Medicaid Patient and Program Protection Act of 1987; (2) additional safe harbors specifying payment practices that shall not be treated as criminal offenses or serve as the basis for an exclusion; and (3) certain interpretive rulings and special fraud alerts. Prescribes the rulemaking process to follow, including criteria for modifying and establishing safe harbors. Authorizes any person to present, at any time, a request to the Inspector General of HHS for: (1) a statement (interpretive ruling) of the current interpretation of the meaning of a specific aspect of Social Security Act civil and criminal prohibitions with respect to Medicare and Medicaid; and (2) a notice (special fraud alert) which informs the public of practices considered suspect or of particular concern under specified kickback, bribe, or rebate prohibitions. Specifies criteria for such rulings and alerts.

A bill to require the Secretary of Health and Human Services to provide health care fraud and abuse guidance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Innovation Hubs Authorization Act of 2010''. SEC. 2. ENERGY INNOVATION HUBS. (a) Establishment of Program.-- (1) In general.--The Secretary of Energy shall carry out a program to enhance the Nation's economic, environmental, and energy security by making grants to consortia for establishing and operating Energy Innovation Hubs to conduct and support, whenever practicable at one centralized location, multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies in areas not being served by the private sector. (2) Technology development focus.--The Secretary shall designate for each Hub a unique advanced energy technology development focus. (3) Coordination.--The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of Hubs with those of other Department of Energy research entities, including the National Laboratories, the Advanced Research Projects Agency--Energy, and Energy Frontier Research Centers, and within industry. Such coordination shall include convening and consulting with representatives of staff of the Department of Energy, representatives from Hubs and the qualifying entities that are members of the consortia operating the Hubs, and representatives of such other entities as the Secretary considers appropriate, to share research results, program plans, and opportunities for collaboration. (4) Administration.--The Secretary shall administer this section with respect to each Hub through the Department program office appropriate to administer the subject matter of the technology development focus assigned under paragraph (2) for the Hub. (b) Consortia.-- (1) Eligibility.--To be eligible to receive a grant under this section for the establishment and operation of a Hub, a consortium shall-- (A) be composed of no fewer than 2 qualifying entities; (B) operate subject to a binding agreement entered into by its members that documents-- (i) the proposed partnership agreement, including the governance and management structure of the Hub; (ii) measures to enable cost-effective implementation of the program under this section; (iii) a proposed budget, including financial contributions from non-Federal sources; (iv) conflict of interest procedures consistent with subsection (d)(3), all known material conflicts of interest, and corresponding mitigation plans; (v) an accounting structure that enables the Secretary to ensure that the consortium has complied with the requirements of this section; and (vi) an external advisory committee consistent with subsection (d)(2); and (C) operate as a nonprofit organization. (2) Application.--A consortium seeking to establish and operate a Hub under this section, acting through a prime applicant, shall transmit to the Secretary an application at such time, in such form, and accompanied by such information as the Secretary shall require, including a detailed description of the elements of the consortium agreement required under paragraph (1)(B). (c) Selection and Schedule.--The Secretary shall select consortia for grants for the establishment and operation of Hubs through competitive selection processes. Grants made to a Hub shall be for a period not to exceed 5 years, after which the grant may be renewed, subject to a competitive selection process. (d) Hub Operations.-- (1) In general.--Hubs shall conduct or provide for multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies within the technology development focus designated for the Hub by the Secretary under subsection (a)(2). Each Hub shall-- (A) encourage collaboration and communication among the member qualifying entities of the consortium and awardees by conducting activities whenever practicable at one centralized location; (B) develop and publish on the Department of Energy's website proposed plans and programs; (C) submit an annual report to the Secretary summarizing the Hub's activities, including detailing organizational expenditures, listing external advisory committee members, and describing each project undertaken by the Hub; and (D) monitor project implementation and coordination. (2) External advisory committee.--Each Hub shall establish an external advisory committee, the membership of which shall have sufficient expertise to advise and provide guidance on scientific, technical, industry, financial, and research management matters. (3) Conflicts of interest.-- (A) Procedures.--Hubs shall establish conflict of interest procedures, consistent with those of the Department of Energy, to ensure that employees and consortia designees for Hub activities who are in decisionmaking capacities disclose all material conflicts of interest, including financial, organizational, and personal conflicts of interest. (B) Disqualification and revocation.--The Secretary may disqualify an application or revoke funds distributed to a Hub if the Secretary discovers a failure to comply with conflict of interest procedures established under subparagraph (A). (e) Prohibition on Construction.--No funds provided pursuant to this section may be used for construction of new buildings or facilities for Hubs. Construction of new buildings or facilities shall not be considered as part of the non-Federal share of a Hub cost- sharing agreement. (f) Oversight Board.--The Secretary shall establish and maintain within the Department an Oversight Board to oversee the progress of Hubs. (g) Definitions.--For purposes of this section: (1) Advanced energy technology.--The term ``advanced energy technology'' means an innovative technology-- (A) that produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or other renewable energy resources; (B) that produces nuclear energy; (C) for carbon capture and sequestration; or (D) that generates, transmits, distributes, utilizes, or stores energy more efficiently than conventional technologies. (2) Hub.--The term ``Hub'' means an Energy Innovation Hub established in accordance with this section. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) Qualifying entity.--The term ``qualifying entity'' means-- (A) an institution of higher education; (B) an appropriate State or Federal entity; (C) a nongovernmental organization with expertise in advanced energy technology research, development, demonstration, or commercial application; or (D) any other relevant entity the Secretary considers appropriate. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section-- (1) $110,000,000 for fiscal year 2011; (2) $135,000,000 for fiscal year 2012; (3) $195,000,000 for fiscal year 2013; (4) $210,000,000 for fiscal year 2014; and (5) $210,000,000 for fiscal year 2015.

Energy Innovation Hubs Authorization Act of 2010 - Requires the Secretary of Energy to: (1) implement a program to enhance the nation's economic, environmental, and energy security by making grants to nonprofit consortia for establishing and operating Energy Innovation Hubs to conduct and support multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies in areas not being served by the private sector; (2) designate for each Hub a unique advanced energy technology development focus; (3) ensure the coordination of the Hub activities with those of other Department of Energy (DOE) research entities; and (4) establish and maintain within DOE an Oversight Board to oversee the progress of Hubs. Requires each Hub to establish: (1) an advisory committee to provide guidance on scientific, technical, industry, financial, and research management matters; and (2) procedures to ensure that employees and consortia designees for Hub activities who are in decision-making capacities disclose all material conflicts of interest. Prohibits grant funding from being used for construction of new buildings or facilities for Hubs. Provides that construction of new buildings or facilities is not considered to be part of the non-federal share of a Hub cost-sharing agreement. Defines advanced energy technology to mean an innovative technology: (1) that produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or other renewable energy resources; (2) that produces nuclear energy; (3) for carbon capture and sequestration; or (4) that generates, transmits, distributes, utilizes, or stores energy more efficiently than conventional technologies.

To establish Energy Innovation Hubs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``QI Program Supplemental Funding Act of 2008''. SEC. 2. FUNDING FOR THE QUALIFYING INDIVIDUAL (QI) PROGRAM. Section 1933(g)(2) of the Social Security Act (42 U.S.C. 1396u- 3(g)(2)), as amended by section 111(b) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275), is amended-- (1) in subparagraph (I), by striking ``$300,000,000'' and inserting ``$315,000,000''; and (2) in subparagraph (J), by striking ``$100,000,000'' and inserting ``$130,000,000''. SEC. 3. MANDATORY USE OF STATE PUBLIC ASSISTANCE REPORTING INFORMATION SYSTEM (PARIS) PROJECT. (a) In General.--Section 1903(r) of the Social Security Act (42 U.S.C. 1396b(r)) is amended-- (1) in paragraph (1), in the matter preceding subparagraph (A), by inserting ``, in addition to meeting the requirements of paragraph (3),'' after ``a State must''; and (2) by adding at the end the following new paragraph: ``(3) In order to meet the requirements of this paragraph, a State must have in operation an eligibility determination system which provides for data matching through the Public Assistance Reporting Information System (PARIS) facilitated by the Secretary (or any successor system), including matching with medical assistance programs operated by other States.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) take effect on October 1, 2009. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of 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 the session is considered to be a separate regular session of the State legislature. SEC. 4. INCENTIVES FOR THE DEVELOPMENT OF, AND ACCESS TO, CERTAIN ANTIBIOTICS. (a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended by adding at the end the following: ``(v) Antibiotic Drugs Submitted Before November 21, 1997.-- ``(1) Antibiotic drugs approved before november 21, 1997.-- ``(A) In general.--Notwithstanding any provision of the Food and Drug Administration Modernization Act of 1997 or any other provision of law, a sponsor of a drug that is the subject of an application described in subparagraph (B)(i) shall be eligible for, with respect to the drug, the 3-year exclusivity period referred to under clauses (iii) and (iv) of subsection (c)(3)(E) and under clauses (iii) and (iv) of subsection (j)(5)(F), subject to the requirements of such clauses, as applicable. ``(B) Application; antibiotic drug described.-- ``(i) Application.--An application described in this clause is an application for marketing submitted under this section after the date of the enactment of this subsection in which the drug that is the subject of the application contains an antibiotic drug described in clause (ii). ``(ii) Antibiotic drug.--An antibiotic drug described in this clause is an antibiotic drug that was the subject of an application approved by the Secretary under section 507 of this Act (as in effect before November 21, 1997). ``(2) Antibiotic drugs submitted before november 21, 1997, but not approved.-- ``(A) In general.--Notwithstanding any provision of the Food and Drug Administration Modernization Act of 1997 or any other provision of law, a sponsor of a drug that is the subject of an application described in subparagraph (B)(i) may elect to be eligible for, with respect to the drug-- ``(i)(I) the 3-year exclusivity period referred to under clauses (iii) and (iv) of subsection (c)(3)(E) and under clauses (iii) and (iv) of subsection (j)(5)(F), subject to the requirements of such clauses, as applicable; and ``(II) the 5-year exclusivity period referred to under clause (ii) of subsection (c)(3)(E) and under clause (ii) of subsection (j)(5)(F), subject to the requirements of such clauses, as applicable; or ``(ii) a patent term extension under section 156 of title 35, United States Code, subject to the requirements of such section. ``(B) Application; antibiotic drug described.-- ``(i) Application.--An application described in this clause is an application for marketing submitted under this section after the date of the enactment of this subsection in which the drug that is the subject of the application contains an antibiotic drug described in clause (ii). ``(ii) Antibiotic drug.--An antibiotic drug described in this clause is an antibiotic drug that was the subject of 1 or more applications received by the Secretary under section 507 of this Act (as in effect before November 21, 1997), none of which was approved by the Secretary under such section. ``(3) Limitations.-- ``(A) Exclusivities and extensions.--Paragraphs (1)(A) and (2)(A) shall not be construed to entitle a drug that is the subject of an approved application described in subparagraphs (1)(B)(i) or (2)(B)(i), as applicable, to any market exclusivities or patent extensions other than those exclusivities or extensions described in paragraph (1)(A) or (2)(A). ``(B) Conditions of use.--Paragraphs (1)(A) and (2)(A)(i) shall not apply to any condition of use for which the drug referred to in subparagraph (1)(B)(i) or (2)(B)(i), as applicable, was approved before the date of the enactment of this subsection. ``(4) Application of certain provisions.--Notwithstanding section 125, or any other provision, of the Food and Drug Administration Modernization Act of 1997, or any other provision of law, and subject to the limitations in paragraphs (1), (2), and (3), the provisions of the Drug Price Competition and Patent Term Restoration Act of 1984 shall apply to any drug subject to paragraph (1) or any drug with respect to which an election is made under paragraph (2)(A).''. (b) Transitional Rules.-- (1) With respect to a patent issued on or before the date of the enactment of this Act, any patent information required to be filed with the Secretary of Health and Human Services under subsection (b)(1) or (c)(2) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to be listed on a drug to which subsection (v)(1) of such section 505 (as added by this section) applies shall be filed with the Secretary not later than 60 days after the date of the enactment of this Act. (2) With respect to any patent information referred to in paragraph (1) of this subsection that is filed with the Secretary within the 60-day period after the date of the enactment of this Act, the Secretary shall publish such information in the electronic version of the list referred to at section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) as soon as it is received, but in no event later than the date that is 90 days after the enactment of this Act. (3) With respect to any patent information referred to in paragraph (1) that is filed with the Secretary within the 60- day period after the date of enactment of this Act, each applicant that, not later than 120 days after the date of the enactment of this Act, amends an application that is, on or before the date of the enactment of this Act, a substantially complete application (as defined in paragraph (5)(B)(iv) of section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))) to contain a certification described in paragraph (2)(A)(vii)(IV) of such section 505(j) with respect to that patent shall be deemed to be a first applicant (as defined in paragraph (5)(B)(iv) of such section 505(j)). SEC. 5. CLARIFICATION OF AUTHORITY FOR USE OF MEDICAID INTEGRITY PROGRAM FUNDS. (a) Clarification of Authority for Use of Funds.-- (1) In general.--Section 1936 of the Social Security Act (42 U.S.C. 1396u-6) is amended-- (A) in subsection (b)(4), by striking ``Education of'' and inserting ``Education or training, including at such national, State, or regional conferences as the Secretary may establish, of State or local officers, employees, or independent contractors responsible for the administration or the supervision of the administration of the State plan under this title,''; and (B) in subsection (e), by striking paragraph (2) and inserting the following: ``(2) Availability; authority for use of funds.-- ``(A) Availability.--Amounts appropriated pursuant to paragraph (1) shall remain available until expended. ``(B) Authority for use of funds for transportation and travel expenses for attendees at education, training, or consultative activities.-- ``(i) In general.--The Secretary may use amounts appropriated pursuant to paragraph (1) to pay for transportation and the travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business, of individuals described in subsection (b)(4) who attend education, training, or consultative activities conducted under the authority of that subsection.''. (2) Effective date.--The amendments made by paragraph (1) shall take effect as if included in the enactment of section 1936 of the Social Security Act, as added by section 6034(a) of the Deficit Reduction Act of 2005 (Public Law 109-171). (b) Public Disclosure.-- (1) In general.--Section 1936(e)(2)(B) of such Act (42 U.S.C. 1396u-6(e)(2)(B)), as added by subsection (a) of this section, is amended by adding at the end the following: ``(ii) Public disclosure.--The Secretary shall make available on a website of the Centers for Medicare & Medicaid Services that is accessible to the public-- ``(I) the total amount of funds expended for each conference conducted under the authority of subsection (b)(4); and ``(II) the amount of funds expended for each such conference that were for transportation and for travel expenses.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to conferences conducted under the authority of section 1936(b)(4) of the Social Security Act (42 U.S.C. 1396u- 6(b)(4)) after the date of enactment of this Act. SEC. 6. FUNDING FOR THE MEDICARE IMPROVEMENT FUND. Section 1898(b)(1) of the Social Security Act, as added by section 7002(a) of the Supplemental Appropriations Act, 2008 (Public Law 110- 252) and amended by section 188(a)(2) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275), is amended to read as follows: ``(1) In general.--There shall be available to the Fund, for expenditures from the Fund for services furnished during-- ``(A) fiscal year 2014, $2,290,000,000; and ``(B) fiscal years 2014 through 2017, $19,900,000,000.''.

QI Program Supplemental Funding Act of 2008 - Amends title XIX (Medicaid) of the Social Security Act, as amended by the Medicare Improvements for Patients and Providers Act of 2008, to provide supplemental funding for the qualifying individual (QI) program. Requires a state to have in operation, in mechanized Medicaid claims processing and information retrieval systems, an eligibility determination system which provides for data matching through the Public Assistance Reporting Information System (PARIS) facilitated by the Secretary of Health and Human Services, including matching with medical assistance programs operated by other states. Amends the Federal Food, Drug, and Cosmetic Act to make sponsors of certain antibiotic drugs eligible for a three-year or a five-year market exclusivity if a marketing application is submitted for an antibiotic drug that: (1) was approved by the Secretary of Health and Human Services before November 21, 1997; or (2) was the subject of one or more applications received by the Secretary before November 21, 1997, none of which was approved. Authorizes the use of Medicaid integrity program funds for transportation and travel expenses for attendees at education, training, or consultative activities. Increases FY2014 funding for the Medicare Improvement Fund, and extends the Fund through FY2017 at a higher level.

A bill to amend title XIX of the Social Security Act to provide additional funds for the qualifying individual (QI) program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Non-Discrimination Act of 2011''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Public school students who are lesbian, gay, bisexual or transgender (LGBT), or are perceived to be LGBT, or who associate with LGBT people, have been and are subjected to pervasive discrimination, including harassment, bullying, intimidation and violence, and have been deprived of equal educational opportunities, in schools in every part of our Nation. (2) While discrimination, including harassment, bullying, intimidation and violence, of any kind is harmful to students and to our education system, actions that target students based on sexual orientation or gender identity represent a distinct and especially severe problem. (3) Numerous social science studies demonstrate that discrimination, including harassment, bullying, intimidation and violence, at school has contributed to high rates of absenteeism, dropout, adverse health consequences, and academic underachievement among LGBT youth. (4) When left unchecked, discrimination, including harassment, bullying, intimidation and violence, in schools based on sexual orientation or gender identity can lead, and has lead to, life-threatening violence and to suicide. (5) Public school students enjoy a variety of constitutional rights, including rights to equal protection, privacy, and free expression, which are infringed when school officials engage in discriminatory treatment or are indifferent to discrimination, including harassment, bullying, intimidation and violence, on the basis of sexual orientation or gender identity. (6) While Federal statutory protections expressly address discrimination on the basis of race, color, sex, religion, disability, and national origin, Federal civil rights statutes do not expressly include ``sexual orientation'' or ``gender identity''. As a result, students and parents have often had limited legal recourse to redress for discrimination on the basis of sexual orientation or gender identity. (b) Purposes.--The purposes of this Act are-- (1) to ensure that all students have access to public education in a safe environment free from discrimination, including harassment, bullying, intimidation and violence, on the basis of sexual orientation or gender identity; (2) to provide a comprehensive Federal prohibition of discrimination in public schools based on actual or perceived sexual orientation or gender identity; (3) to provide meaningful and effective remedies for discrimination in public schools based on actual or perceived sexual orientation or gender identity; (4) to invoke congressional powers, including but not limited to the power to enforce the 14th Amendment to the Constitution and to provide for the general welfare pursuant to section 8 of article I of the Constitution and the power to enact all laws necessary and proper for the execution of the foregoing powers pursuant to section 8 of article I of the Constitution, in order to prohibit discrimination in public schools on the basis of sexual orientation or gender identity; and (5) to allow the Department of Education to effectively combat discrimination based on sexual orientation or gender identity in public schools through regulation and enforcement, as the Department has issued regulations under and enforced title IX of the Education Amendments of 1972 and other nondiscrimination laws in a manner that effectively addresses discrimination. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Program or activity.--The terms ``program or activity'' and ``program'' have same meanings given such terms as applied under section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a) to the operations of public entities under paragraph (2)(B) of such section. (2) Gender identity.--The term ``gender identity'' means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth. (3) Harassment.--The term ``harassment'' means conduct that is sufficiently severe, persistent, or pervasive to limit a student's ability to participate in or benefit from a public school education program or activity, or to create a hostile or abusive educational environment at a public school, including acts of verbal, nonverbal, or physical aggression, intimidation, or hostility, if such conduct is based on-- (A) a student's actual or perceived sexual orientation or gender identity; or (B) the actual or perceived sexual orientation or gender identity of a person or persons with whom a student associates or has associated. (4) Public schools.--The term ``public schools'' means public elementary and secondary schools, including local educational agencies, educational service agencies, and State educational agencies, as defined in section 9101 of the Elementary and Secondary Education Act of 1965. (5) Sexual orientation.--The term ``sexual orientation'' means homosexuality, heterosexuality, or bisexuality. (6) Student.--The term ``student'' means an individual who is enrolled in a public school or who, regardless of official enrollment status, attends classes or participates in a public school's programs or educational activities. SEC. 4. PROHIBITION AGAINST DISCRIMINATION; EXCEPTIONS. (a) In General.--No student shall, on the basis of actual or perceived sexual orientation or gender identity of such individual or of a person with whom the student associates or has associated, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (b) Harassment.--For purposes of this Act, discrimination includes, but is not limited to, harassment of a student on the basis of actual or perceived sexual orientation or gender identity of such student or of a person with whom the student associates or has associated. (c) Retaliation Prohibited.-- (1) Prohibition.--No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination, retaliation, or reprisal under any program or activity receiving Federal financial assistance based on his or her opposition to conduct made unlawful by this Act. (2) Definition.--For purposes of this subsection, ``opposition to conduct made unlawful by this Act'' includes, but is not limited to-- (A) opposition to conduct reasonably believed to be made unlawful by this Act, (B) any formal or informal report, whether oral or written, to any governmental entity, including public schools and employees thereof, regarding conduct made unlawful by this Act or reasonably believed to be made unlawful by this Act, (C) participation in any investigation, proceeding, or hearing related to conduct made unlawful by this Act or reasonably believed to be made unlawful by this Act, and (D) assistance or encouragement provided to any other person in the exercise or enjoyment of any right granted or protected by this Act, if in the course of that expression, the person involved does not purposefully provide information known to be false to any public school or other governmental entity regarding a violation, or alleged violation, of this Act. SEC. 5. FEDERAL ADMINISTRATIVE ENFORCEMENT; REPORT TO CONGRESSIONAL COMMITTEES. Each Federal department and agency which is empowered to extend Federal financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 4 of this Act with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the Act authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected-- (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law, except that no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until 30 days have elapsed after the filing of such report. SEC. 6. CAUSE OF ACTION. (a) Cause of Action.--Subject to subsection (c) of this section, an aggrieved individual may assert a violation of this Act in a judicial proceeding. Aggrieved persons may be awarded all appropriate relief, including but not limited to equitable relief, compensatory damages, cost of the action, and remedial action. (b) Rule of Construction.--This section shall not be construed to preclude an aggrieved individual from obtaining other remedies under any other provision of law or to require such individual to exhaust any administrative complaint process or notice-of-claim requirement before seeking redress under this section. (c) Statute of Limitations.--For actions brought pursuant to this section, the statute of limitations period shall be determined in accordance with section 1658(a) of title 28 of the United States Code. The tolling of any such limitations period shall be determined in accordance with the law governing actions under section 1979 of the Revised Statutes (42 U.S.C. 1983) in the forum State. SEC. 7. STATE IMMUNITY. (a) State Immunity.--A State shall not be immune under the 11th Amendment to the Constitution of the United States from suit in Federal court for a violation of this Act. (b) Waiver.--A State's receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by an aggrieved individual for a violation of section 4 of this Act. (c) Remedies.--In a suit against a State for a violation of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a State. SEC. 8. ATTORNEY'S FEES. Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by inserting ``the Student Nondiscrimination Act of 2011,'' after ``Religious Land Use and Institutionalized Persons Act of 2000,''. SEC. 9. EFFECT ON OTHER LAWS. (a) Federal and State Nondiscrimination Laws.--Nothing in this Act shall be construed to preempt, invalidate, or limit rights, remedies, procedures, or legal standards available to victims of discrimination or retaliation under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or section 1979 of the Revised Statutes (42 U.S.C. 1983). The obligations imposed by this Act are in addition to those imposed by title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (b) Free Speech and Expression Laws and Religious Student Groups.-- Nothing in this Act shall be construed to alter legal standards regarding, or affect the rights available to individuals or groups under, other Federal laws that establish protections for freedom of speech and expression, such as legal standards and rights available to religious and other student groups under the 1st Amendment to the Constitution and the Equal Access Act (20 U.S.C. 4071 et seq.). SEC. 10. SEVERABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance shall not be affected. SEC. 11. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act and shall not apply to conduct occurring before the effective date of this Act.

Student Non-Discrimination Act of 2011 - Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates. Considers harassment to be a form of discrimination. Prohibits retaliation against anyone for opposing conduct they reasonably believe to be unlawful under this Act. Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them. Allows an aggrieved individual to assert a violation of this Act in a judicial proceeding and recover reasonable attorney's fees should they prevail. Deems a state's receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program.

To end discrimination based on actual or perceived sexual orientation or gender identity in public schools, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthcare Enhancement for Local Public Servants Act of 2008''. SEC. 2. DISTRIBUTIONS FROM GOVERNMENTAL PLANS FOR HEALTH AND LONG-TERM CARE INSURANCE ALLOWED FOR OTHER PUBLIC EMPLOYEES. (a) In General.-- (1) Distributions allowed for other public employees.-- Paragraph (1) of section 402(l) of the Internal Revenue Code of 1986 (relating to distributions from governmental plans for health and long-term care insurance) is amended by striking ``retired public safety officer who makes the election described in paragraph (6)'' and inserting ``retired public employee''. (2) Retired public employee.-- (A) Paragraph (4) of section 402(l) of such Code is amended-- (i) by striking ``(B) eligible retired public safety officer.--The term `eligible retired public safety officer' means'' and inserting the following: ``(B) Eligible retired public employee.-- ``(i) In general.--The term `eligible retired public employee' means'', (ii) by inserting ``, public school personnel, or other public employee'' after ``public safety officer'' in subparagraph (B), and (iii) by redesignating subparagraph (C) as clause (ii), by moving such clause (as so redesignated) 2 ems to the right, and by inserting after such clause (as so redesignated) the following new clauses: ``(iii) Public school personnel.--The term `public school personnel' shall have the same meaning given such term by section 4151(10) of the elementary and secondary education Act of 1965 (20 U.S.C. 7161(10)) whether employed by an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) or a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)). ``(iv) Public employee.--The term `public employee' means any employee of a State, political subdivision of a State, or agency or instrumentality of a State or political subdivision of a State.''. (3) Conforming amendment.-- (A) Subsection (l) of section 402 of such Code (as amended by this section) is amended by striking ``retired public safety officer'' in each place it appears and inserting ``retired public employee''. (B) Subparagraph (D) of section 402(l)(4) of such Code is redesignated as subparagraph (C). (b) Effective Date.--The amendments made by this section shall apply to distributions in taxable years beginning after December 31, 2008. SEC. 3. DISTRIBUTION ALLOWED AS DEDUCTION RATHER THAN EXCLUDED FROM GROSS INCOME. (a) In General.-- (1) Deduction allowed.--Paragraph (1) of section 402(l) of the Internal Revenue Code of 1986 is amended by striking ``gross income of such employee for such taxable year does not include'' and all that follows through the period at the end and inserting the following: ``there shall be allowed as a deduction from gross income for the taxable year an amount equal to the aggregate amount of distributions from an eligible retirement plan of the individual in the taxable year to the extent that such amount does not exceed the amount paid by such employee for qualified health premiums for such taxable year.'' (2) Deduction with respect to surviving spouse.--Subsection (l) of section 402 of such Code is amended by striking paragraph (6) and inserting the following new paragraph: ``(6) Special rule for surviving spouse.--In the case of a deceased individual with respect to whom a deduction was allowed under paragraph (1) for the taxable year closed by reason of the individual's death, the surviving spouse of such individual shall be treated as the employee with respect to the plan for purposes of paragraph (1) for all subsequent taxable years.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Distributions from governmental retirement plans for health and long-term care insurance for public employees.--The deduction allowed by section 402(l).''. (c) Conforming Amendments.-- (1) Paragraph (1) of section 402(l) of such Code is amended by striking ``of the employee, his spouse, or dependents (as defined in section 152)''. (2) Paragraph (2) of section 402(l) of such Code is amended by striking ``The amount which may be excluded from gross income for the taxable year by reason of paragraph (1)'' and inserting ``The amount allowable as a deduction under paragraph (1) for the taxable year''. (3) Paragraph (3) of section 402(l) of such Code is amended to read as follows: ``(3) Distributions must be included in gross income.--An amount shall be treated as a distribution for purposes of paragraph (1) only to the extent that such amount is included in gross income for the taxable year.''. (4) Paragraph (7) and (8) of section 402(l) of such Code are each amended by striking ``The amounts excluded from gross income'' and inserting ``Any amount allowable as a deduction''. (5) Subsection (a) of section 403 of such Code is amended by striking paragraph (2). (6) Subsection (a) of section 457 of such Code is amended by striking paragraph (3). (d) Effective Date.--The amendments made by this section shall apply to distributions in taxable years beginning after December 31, 2008. SEC. 4. FURTHER MODIFICATIONS RELATING TO 402(L). (a) In General.-- (1) Subsection (l) of section 402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) Cost-of-living adjustment.--In the case of taxable years beginning after December 31, 2009, the Secretary shall adjust the $3,000 amount under paragraph (2) at the same time and in the same manner as under section 415(d), except that the base period shall be the calendar quarter beginning July 1, 2008, and any increase under this paragraph which is not a multiple of $100 shall be rounded to the next lowest multiple of $100.''. (2) Subparagraph (A) of section 402(l)(4) of such Code (defining eligible retirement plan) is amended to read as follows: ``(A) Eligible retirement plan.--For purposes of paragraph (1), the term `eligible retirement plan' means a plan described in-- ``(i) subsection (c)(8)(B)(iii) (and is a governmental plan within the meaning of section 414(d)), ``(ii) subsection (c)(8)(B)(iv) (and is maintained by an employer which is a State, a political subdivision of a State, or an agency or instrumentality of a State or political subdivision of a State), ``(iii) subsection (c)(8)(B)(v), or ``(iv) subsection (c)(8)(B)(vi) (and is maintained by an employer which is a State, a political subdivision of a State, or an agency or instrumentality of a State or political subdivision of a State).''. (3) Subparagraph (C) of section 402(l)(4) of such Code (as redesignated by this Act) is amended-- (A) by inserting ``(as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof)'' after ``dependents'', and (B) by striking ``insurance''. (4)(A) Subparagraph (B) of section 402(l)(4) of such Code is amended by striking ``normal retirement age'' and inserting ``normal retirement date''. (B) Paragraph (4) of section 402(l) of such Code is amended by adding at the end the following new subparagraph: ``(D) Normal retirement date.--The term `normal retirement date' means the earliest date on which the individual may retire and receive a retirement benefit from the governmental plan which is not reduced by reason of the individual's age or years of service.''. (5) Paragraph (5) of section 402(l) of such Code is amended to read as follows: ``(5) Related plans treated as 1 plan.--For purposes of this subsection, all eligible retirement plans of an employer shall be treated as a single plan.''. (b) Effective Date.--The amendments made by this section shall apply to distributions in taxable years beginning after December 31, 2008.

Healthcare Enhancement for Local Public Servants Act of 2008 - Amends the Internal Revenue Code to: (1) extend eligibility for tax-free distributions from governmental employee benefit plans for health and long-term care insurance to any retired state or local public employee (currently, limited to retired public safety officers); (2) provide for a tax deduction of such distributions rather than an exclusion from gross income; (3) allow nonitemizing taxpayers to claim such tax deduction; and (4) allow an annual inflation adjustment to the $3,000 distribution limit beginning after 2009.

To amend the Internal Revenue Code of 1986 to allow certain public employees a deduction for distributions from governmental plans for health and long-term care insurance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Storage Technology Advancement Act of 2007''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Department'' means the Department of Energy; (2) the term ``electric drive vehicle'' means-- (A) a vehicle that uses an electric motor for all or part of its motive power, including battery electric, hybrid electric, plug-in hybrid electric, fuel cell, and plug-in fuel cell vehicles, and rail transportation vehicles; or (B) mobile equipment that uses an electric motor to replace an internal combustion engine for all or part of the work of the equipment; (3) the term ``islanding'' means a distributed generator or energy storage device continuing to power a location in the absence of electric power from the primary source; (4) the term ``microgrid'' means an integrated energy system consisting of interconnected loads and distributed energy resources, including generators and energy storage devices, which as an integrated system can operate in parallel with the utility grid or in an intentional islanding mode; (5) the term ``Secretary'' means the Secretary of Energy; (6) the term ``self-healing grid'' means a grid that is capable of automatically anticipating and responding to power system disturbances, including the isolation of failed sections and components, while optimizing its own performance and service to customers; and (7) the term ``spinning reserve services'' means an amount of electric generating capacity in excess of the amount needed to meet peak electric demand. SEC. 3. BASIC RESEARCH PROGRAM. (a) In General.--The Secretary shall conduct a basic research program to support the development of energy storage systems for electric drive vehicles, stationary applications, and electricity transmission and distribution, including research on-- (1) materials design; (2) materials synthesis and characterization; (3) electrolytes; (4) surface and interface dynamics; (5) modeling and simulation; and (6) thermal behavior and life degradation mechanisms. (b) Funding.--For activities carried out under this section, in addition to funding activities at National Laboratories, the Secretary shall award funds to, and coordinate activities with, a range of stakeholders including the public, private, and academic sectors. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section $50,000,000 for each of the fiscal years 2009 through 2014. SEC. 4. APPLIED RESEARCH PROGRAM. (a) In General.--The Secretary shall conduct an applied research program on energy storage systems to support electric drive vehicle, stationary application, and electricity transmission and distribution technologies, including research on-- (1) ultracapacitors; (2) flywheels; (3) batteries and battery systems (including flow batteries); (4) compressed air energy systems; (5) power conditioning electronics; (6) manufacturing technologies for energy storage systems; (7) thermal management systems; and (8) hydrogen as an energy storage medium. (b) Funding.--For activities carried out under this section, in addition to funding activities at National Laboratories, the Secretary shall award funds to, and coordinate activities with, a range of stakeholders including the public, private, and academic sectors. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section $80,000,000 for each of the fiscal years 2009 through 2014. SEC. 5. ENERGY STORAGE SYSTEMS DEMONSTRATIONS. (a) In General.--The Secretary shall carry out a program of new demonstrations of advanced energy storage systems. These demonstrations shall be regionally diversified and shall expand on the Department's existing technology demonstration program. These demonstrations should include the participation of a range of stakeholders, such as rural electric cooperatives, investor owned utilities, municipally owned electric utilities, energy storage systems manufacturers, electric drive vehicle manufacturers, the renewable energy production industry, State or local energy offices, the fuel cell industry, and universities. Each of the demonstrations shall include one or more of the following objectives: (1) Energy storage to improve the feasibility of ``micro- grids'' or ``islanding'', or the transmission and distribution capability to improve reliability in rural areas. (2) Integration of an energy storage system with a self- healing grid. (3) Use of energy storage to improve security to emergency response infrastructure. (4) Integration with a renewable energy production source, either at the source or away from the source. (5) Use of energy storage to provide ancillary services, such as spinning reserve services, for grid management. (6) Advancement of power conversion systems to make them smarter, more efficient, able to communicate with other inverters, and able to control voltage. (7) Use of energy storage to optimize transmission and distribution operation and power quality, which could address overloaded lines and maintenance of transformers and substations. (8) Use of advanced energy storage for peak load management of homes, businesses, and the grid. (9) Use of energy storage devices to fill up nonpeak generation periods for electricity demand to make better use of existing grid assets. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section $30,000,000 for each of the fiscal years 2009 through 2014. SEC. 6. VEHICLE ENERGY STORAGE DEMONSTRATION. (a) In General.--The Secretary shall carry out a program of electric drive vehicle energy storage technology demonstrations. These technology demonstrations shall be conducted through consortia, which may include energy storage systems manufacturers and their suppliers, electric drive vehicle manufacturers, rural electric cooperatives, investor owned utilities, municipal and rural electric utilities, State and local governments, metropolitan transportation authorities, and universities. The program shall demonstrate one or more of the following: (1) Novel, high capacity, high efficiency energy storage, charging, and control systems, along with the collection of data on performance characteristics such as battery life, energy storage capacity, and power delivery capacity. (2) Advanced onboard energy management systems, and highly efficient battery cooling systems. (3) Integration of such systems on a prototype vehicular platform, including with drivetrain systems for passenger, commercial, and nonroad electric drive vehicles. (4) New technologies and processes that reduce manufacturing costs. (5) Integration of advanced vehicle technologies with electricity distribution system and smart metering technology. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section $30,000,000 for each of the fiscal years 2009 through 2014. SEC. 7. SECONDARY APPLICATIONS AND DISPOSAL OF ELECTRIC DRIVE VEHICLE BATTERIES. (a) In General.--The Secretary shall carry out a program of research, development, and demonstration of secondary applications of energy storage devices following service in electric drive vehicles, and of technologies and processes for final recycling and disposal of these devices. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section $5,000,000 for each of the fiscal years 2009 through 2014. SEC. 8. COORDINATION AND NONDUPLICATION. To the maximum extent practicable, the Secretary shall coordinate activities under this Act with other programs and laboratories of the Department and other Federal research programs. SEC. 9. COST SHARING. The Secretary shall carry out the programs under sections 6 and 7 in compliance with section 988 (a) through (d) and section 989 of the Energy Policy Act of 2005 (42 U.S.C. 16352(a) through (d) and 16353). Passed the House of Representatives October 22, 2007. Attest: LORRAINE C. MILLER, Clerk.

Energy Storage Technology Advancement Act of 2007 - (Sec. 3) Directs the Secretary of Energy to: (1) conduct programs of basic and applied research to support the development of energy storage systems for electric drive vehicles, stationary applications, and electricity transmission and distribution; and (2) award funds to, and coordinate activities with, stakeholders in the public, private, and academic sectors. Authorizes appropriations for FY2009-FY2014. (Sec. 5) Directs the Secretary to implement a program of new regionally diversified demonstrations of advanced energy storage systems to expand upon the existing technology demonstration program of the Department of Energy (DOE). Urges such demonstrations to include the participation of a range of stakeholders, such as rural electric cooperatives, investor owned utilities, municipally owned electric utilities, energy storage systems manufacturers, electric drive vehicle manufacturers, the renewable energy production industry, state or local energy offices, the fuel cell industry, and universities. Authorizes appropriations for FY2009-FY2014. (Sec. 6) Directs the Secretary to implement a demonstration program of electric drive vehicle energy storage technology, including integration of such systems on a prototype vehicular platform with drivetrain systems for passenger, commercial, and nonroad electric drive vehicles. Requires such demonstrations to be conducted through consortia, which may include the same range of stakeholders suggested for the advanced energy storage systems demonstration program. Authorizes appropriations for FY2009-FY2014. (Sec. 7) Instructs the Secretary to carry out a program of research, development, and demonstration of: (1) secondary applications of energy storage devices following service in electric drive vehicles; and (2) technologies and processes for final recycling and disposal of these devices. Authorizes appropriations for FY2009-FY2014. (Sec. 8) Requires the Secretary to carry out the programs under this Act in compliance with the requirements of the Energy Policy Act of 2005 (EPACT 2005) for cost sharing and impartial review of the scientific and technical merit of award proposals.

To provide for research, development, and demonstration programs in advanced energy storage systems for electric drive vehicles, stationary applications, and electricity transmission and distribution applications, to support the ability of the United States to remain globally competitive in this field, and to promote the efficient delivery and use of energy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bank Insurance Fund and the Savings Association Insurance Fund Merger Act of 1995''. SEC. 2. MERGER OF FDIC INSURANCE FUNDS IN 1998. (a) In General.--Section 11(a) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)) is amended-- (1) by striking paragraphs (5) and (6) and inserting the following new paragraphs: ``(5) Deposit insurance fund.-- ``(A) Establishment.--There is hereby established a fund to be known as the deposit insurance fund. ``(B) Transfer to fund.--On the date of the enactment of the Deposit Insurance Fund Merger Act of 1995, the Bank Insurance Fund and the Savings Association Insurance Fund shall be abolished and all assets and liabilities of each such fund shall be transferred to the deposit insurance fund. ``(C) Uses.--The deposit insurance fund shall be available to the Corporation for use with respect to insured depository institutions. ``(D) Deposits.--All amounts assessed against insured depository institutions under this Act shall be deposited in the deposit insurance fund. ``(6) Accounting requirements.-- ``(A) Accounting for use of facilities and resources.--The Corporation shall keep a full and complete accounting of all costs and expenses associated with the use of any facility or resource used in the course of conducting supervisory, regulatory, conservatorship, receivership, or liquidation functions with respect to insured depository institutions. ``(B) Accounting for holding and managing assets and liabilities.--The Corporation shall keep a full and complete accounting of all costs and expenses associated with the holding and management of any asset or liability belonging to insured depository institutions in conservatorship or receivership. ``(C) Accounting for disposition of assets and liabilities.--The Corporation shall keep a full and complete accounting of all expenses and receipts associated with the disposition of any asset or liability belonging to insured depository institutions in conservatorship or receivership.''; (2) by striking subparagraph (A) of paragraph (4); and (3) by striking paragraph (7) and redesignating paragraph (8) as paragraph (7). (b) Assessments of Former BIF Members Capped at Rates Applicable Before Merger of Funds.--Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)) is amended by inserting after subparagraph (G) the following new subparagraphs: ``(H) Reduced assessment rates continue to apply to former bif members.--Until the deposit insurance fund first meets or exceeds the designated reserve ratio, the average assessment rates applicable under the risk- based assessment system for any semiannual period with respect to insured depository institutions which were Bank Insurance Fund members on the day before the date of the enactment of the Deposit Insurance Fund Merger Act of 1995 shall not exceed the greater of-- ``(i) the average of the assessment rates which would be applicable to such institutions under this section for any semiannual period if the amendments made by such Act had not been enacted; or ``(ii) 6 basis points. ``(I) Schedule for meeting designated reserve ratio.--Notwithstanding paragraph (3), upon the enactment of the Deposit Insurance Fund Merger Act of 1995, the Corporation shall prescribe a schedule in the manner provided in paragraph (3)(B) which culminates in a reserve ratio that is equal to or greater than the designated reserve ratio not later than 5 years after the date of the enactment of such Act.''. (c) Limit on Differential Between Assessment Rates Imposed on Former BIF Members and Former SAIF Members.--Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)) is amended by inserting after subparagraph (I) (as added by subsection (b) of this section) the following new subparagraph: ``(J) Cap on differential between former bif and saif members.--The average assessment rate under the risk-based assessment system for insured depository institutions which, as of December 31, 1994, were Savings Association Insurance Fund members, including the special assessment under paragraph (9), shall not exceed the average assessment rate under the risk-based assessment system for insured depository institutions which, as of December 31, 1994, were Bank Insurance Fund members by more than 9 basis points.''. (d) Repeal of Conversion Moratorium, Exit Fee, and ``Oakar Bank'' Provisions.--Section 5(d) of the Federal Deposit Insurance Act (12 U.S.C. 1815(d)) is amended by striking paragraphs (2) and (3). (e) Technical and Conforming Amendments.-- (1) Section 5(d)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1815(d)(1)) is amended by striking ``Bank Insurance Fund and the Savings Association Insurance Fund'' and inserting ``deposit insurance fund''. (2) Section 7(b) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)) is amended-- (A) in paragraph (1)(D), by striking ``each'' and inserting ``the''; (B) in paragraph (2)(A)(i)(I), by striking ``each'' and inserting ``the''; (C) in paragraph (2)(A)(iii), by striking ``a deposit'' and inserting ``the deposit''; (D) in paragraph (2)(A)(iv), by striking ``each'' and inserting ``the''; (E) by striking subparagraph (B) of paragraph (2); (F) in paragraph (2)(C), by striking ``each'' and inserting ``the''; (G) by striking subparagraphs (E) and (F) of paragraph (2); (H) in paragraph (2)(G), by striking ``a deposit'' and inserting ``the deposit''; (I) in paragraph (3)(A), by striking ``any deposit'' and inserting ``the deposit''; (J) by striking subparagraphs (C) and (D) of paragraph (3); (K) in paragraph (6)(A)(ii), by striking ``Bank Insurance Fund members'' and inserting ``insured depository institutions''; and (L) by striking subparagraph (B) of paragraph (6). (3) Section 7 of the Federal Deposit Insurance Act (12 U.S.C. 1817) is amended by striking subsection (l). (4) Section 11(f)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1821(f)(1)) is amended by striking ``, except that-- '' and all that follows through the period at the end and inserting a period. (5) Section 11(i)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1821(i)(3)) is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B). (6) Section 11A(a) of the Federal Deposit Insurance Act (12 U.S.C. 1821A(a)) is amended-- (A) in paragraph (2)(B), by striking ``Savings Association Insurance Fund'' and inserting ``deposit insurance fund''; and (B) in paragraph (3), by striking ``Bank Insurance Fund, the Savings Association Insurance Fund,'' and inserting ``deposit insurance fund''. (7) Section 13 of the Federal Deposit Insurance Act (12 U.S.C. 1823) is amended-- (A) in subsection (a)(1) by striking ``Bank Insurance Fund, Savings Association Insurance Fund,'' and inserting ``deposit insurance fund''; (B) by striking paragraph (11) of subsection (c); (C) in subsection (k)(4)(B)(ii), by striking ``Savings Association Insurance Fund member'' and inserting ``savings association''; and (D) in subsection (k)(5)(A), by striking ``Savings Association Insurance Fund members'' and inserting ``savings associations''. (8) Section 14 of the Federal Deposit Insurance Act (12 U.S.C. 1824) is amended-- (A) in subsection (a), by striking ``Bank Insurance Fund or the Savings Association Insurance Fund'' and inserting ``deposit insurance fund''; (B) in subsection (a), by striking ``Bank Insurance Fund or Savings Association Insurance Fund'' and inserting ``deposit insurance fund''; (C) in subsection (c), by striking paragraph (3); and (D) in subsection (d)-- (i) by striking ``Bank Insurance Fund members'' each place such term appears and inserting ``insured depository institutions''; (ii) by striking ``Bank Insurance Fund member'' each place such term appears and inserting ``insured depository institution''; and (iii) by striking ``Bank Insurance Fund'' each place such term appears (other than in connection with a term referred to in clause (i) or (ii)) and inserting ``deposit insurance fund''. (9) Section 15(c)(5) of the Federal Deposit Insurance Act (12 U.S.C. 1825(c)(5)) is amended-- (A) by striking ``Bank Insurance Fund or Savings Association Insurance Fund, respectively,'' each place such term appears and inserting ``deposit insurance fund''; and (B) by striking ``Bank Insurance Fund or the Savings Association Insurance Fund, respectively,'' each place such term appears and inserting ``deposit insurance fund''. (10) Section 17 of the Federal Deposit Insurance Act (12 U.S.C. 1827) is amended by striking ``Bank Insurance Fund, Savings Association Insurance Fund,'' each place such term appears and inserting ``deposit insurance fund''. (11) Section 18(m)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1828(m)(3)) is amended-- (A) in subparagraph (A)-- (i) by inserting ``of an insured savings association or a subsidiary of any such association'' after ``specific activity''; (ii) by striking ``Savings Association Insurance Fund.'' and inserting ``deposit insurance fund.''; and (iii) by striking ``that Savings Association Insurance Fund member'' and inserting ``such savings association''; and (B) in subparagraph (C), by striking ``Savings Association Insurance Fund or the Bank Insurance Fund'' and inserting ``deposit insurance fund''. (12) Section 31 of the Federal Deposit Insurance Act (12 U.S.C. 1831h) is amended-- (A) in subsection (a), by striking ``Insurance Fund''; and (B) in subsection (b)(2), by striking ``Savings Association Insurance Fund members'' and inserting ``savings associations''. (13) Section 38(o)(1)(B) of the Federal Deposit Insurance Act (12 U.S.C. 1831o(o)(1)(B)) is amended by striking ``Savings Association Insurance Fund'' and inserting ``deposit insurance fund''. SEC. 3. FICO PAYMENTS BY ALL FDIC-INSURED DEPOSITORY INSTITUTIONS. Section 21(f) of the Federal Home Loan Bank Act (12 U.S.C. 1441(f)(2)) is amended-- (1) in the portion of paragraph (2) which precedes subparagraph (A) of such paragraph-- (A) by striking ``each Savings Association Insurance Fund member'' and inserting ``each insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act); and (B) by striking ``such member'' and inserting ``such institution''; (2) in paragraph (2)(A), by striking ``Savings Association Insurance Fund members'' and inserting ``insured depository institutions''; and (3) in paragraph (2)(C) by inserting ``, except with respect to insured depository institutions which were Bank Insurance Fund members on the day before the date of the enactment of the Deposit Insurance Fund Merger Act of 1995'' before the period at the end. SEC. 4. AVAILABILITY OF RTC FUNDS TO LEND TO FDIC TO RECAPITALIZE DEPOSIT INSURANCE FUND. (a) In General.--Section 7(b) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)) is amended by adding at the end the following new paragraph: ``(8) Availability of rtc funding.-- ``(A) Loans to fdic.--At the request of the Board of Directors of the Federal Deposit Insurance Corporation, the Secretary of the Treasury shall lend, out of funds appropriated to the Resolution Trust Corporation pursuant to section 21A(i)(3) of the Federal Home Loan Bank Act and not expended by the Resolution Trust Corporation, to the deposit insurance fund such amounts as may be requested by the Board of Directors to recapitalize such fund and are not needed by the Resolution Trust Corporation. ``(B) Terms and conditions to ensure repayment.-- The Secretary of the Treasury may establish such terms and conditions to ensure the repayment of any loan under subparagraph (A) as the Secretary determines to be appropriate. ``(C) Other terms.--The annual repayment terms and the length of time for which the loan is made shall be established by the Federal Deposit Insurance Corporation in consultation with the Secretary of the Treasury. ``(D) Termination of lending authority.--No additional advances may be made to the Federal Deposit Insurance Corporation under this paragraph after the reserve ratio of the deposit insurance fund first meets or exceeds the designated reserve ratio.''. (b) Special 1-time assessment to repay loans.--Section 7(b) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)) is amended by inserting after paragraph (8) (as added by subsection (a) of this section) the following new paragraphs: ``(9) Special 1-time assessment to recapitalize saif.-- ``(A) In general.--The Corporation may, in the discretion of the Board of Directors, impose a special assessment on any designated insured depository institution in an amount not greater than 0.40 percent of the assessment base on which assessments are imposed under the risk-based assessment system established pursuant to paragraph (1). ``(B) Use of proceeds to repay loans.--The proceeds of any assessment imposed under subparagraph (A) shall be used to repay any recapitalization loan under paragraph (8). ``(C) Imposition over period of years.--The assessment authorized under subparagraph (A) may be imposed incrementally over such period of years as the Board of Directors may determine to be appropriate, except the larger percentage of any such incremental assessment shall be allocated to the first year of the effective period for such assessment. ``(D) Abatement for troubled institutions.--The Board of Directors may abate any portion of any assessment under this paragraph in the case of any undercapitalized institution or any institution which would become undercapitalized as a result of the imposition of such assessment. ``(10) Designated insured depository institution defined.-- For purposes of paragraph (9), the term `designated insured depository institution'-- ``(A) means any insured depository institution which, as of January 1, 1995, or at any time after such date, was a Savings Association Insurance Fund member under the Federal Deposit Insurance Act (as in effect on the day before the date of the enactment of the Deposit Insurance Fund Merger Act of 1995); and ``(B) includes any other insured depository institution which acquires (as defined in section 13(f)(8)(B) of the Federal Deposit Insurance Act) such insured depository institution or is otherwise a successor in interest to such institution.''.

Bank Insurance Fund and the Savings Association Insurance Fund Merger Act of 1995 - Amends the Federal Deposit Insurance Act (FDIA) to: (1) establish the deposit insurance fund for insured depository institutions; (2) abolish the Bank Insurance Fund (BIF) and the Savings Association Insurance Fund (SAIF); (3) transfer such Funds' assets and liabilities to the deposit insurance fund; and (4) deposit into such fund all amounts assessed against insured depository institutions. Prescribes guidelines under which the Federal Deposit Insurance Corporation (FDIC) shall keep a full and complete accounting of all costs, expenses, and receipts. Sets forth an assessments schedule for former BIF members capped at rates applicable before the funds' merger. Limits the average assessment rate differential between former BIF and SAIF members to a maximum of nine basis points. Repeals the guidelines pertaining to moratorium on conversion transactions and to exit fees. Amends the Federal Home Loan Bank Act to reflect amendments made by this Act regarding payment of Financing Corporation costs by all FDIC-insured depository institutions. Amends the FDIA to direct the Secretary of the Treasury, upon FDIC request, to lend funds to the deposit insurance fund out of funds appropriated to the Resolution Trust Corporation and not expended by it. Authorizes the FDIC to impose a one-time special SAIF capitalization assessment.

Bank Insurance Fund and the Savings Association Insurance Fund Merger Act of 1995

SECTION 1. REQUIREMENT FOR POST-DELIVERY FOLLOW-UP CARE FOR EARLY HOSPITAL DISCHARGES AFTER CHILDBIRTH. (a) Public Health Service Act Amendment.-- (1) Group health coverage.--Section 2704(a) of the Public Health Service Act (42 U.S.C. 300gg-4(a)) is amended-- (A) in paragraph (2), by striking ``Paragraph'' and inserting ``Subject to paragraph (3), paragraph'', and (B) by adding at the end the following new paragraph: ``(3) Requiring coverage of post-delivery follow-up care.-- ``(A) In general.--In the case of a decision described in paragraph (2) (relating to early discharge), the group health plan or health insurance issuer offering the coverage shall provide coverage for timely post-delivery care in any of the following settings (as selected by the mother): the mother's home, a provider's office, a hospital, a federally qualified health center, a federally qualified rural health clinic, a State health department maternity clinic, or another setting (which may include a birthing center or an intermediate care facility) determined appropriate under regulations promulgated by the Secretary. ``(B) Timely care.--For purposes of subparagraph (A), the term `timely post-delivery care' means health care that is provided-- ``(i) to a mother and her newborn child following the discharge of a mother and her newborn child from the hospital; ``(ii) by a registered nurse, physician (as defined in section 1861(r)(1) of the Social Security Act), nurse practitioner, nurse midwife, or physician assistant experienced in maternal and child health, as selected by the mother; and ``(iii) in a manner that meets the health care needs of the mother and her newborn child, that provides for the appropriate monitoring of the conditions of the mother and child, and that occurs within 72 hours following discharge. ``(C) Consistency with state law.--The Secretary shall, with respect to regulations promulgated under to carry out this paragraph and concerning appropriate post-delivery care settings, ensure that, to the extent practicable, such regulations are consistent with State licensing and practice laws.''. (2) Application to individual health insurance coverage.-- The amendments made by paragraph (1) apply to health insurance coverage in the individual market under section 2751(a) of the Public Health Service Act (42 U.S.C. 300gg-51). (b) ERISA Amendments.--Section 711(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185(a)) is amended-- (1) in paragraph (2), by striking ``Paragraph'' and inserting ``Subject to paragraph (3), paragraph'', and (2) by adding at the end the following new paragraph: ``(3) Requiring coverage of post-delivery follow-up care.-- ``(A) In general.--In the case of a decision described in paragraph (2) (relating to early discharge), the group health plan or health insurance issuer offering the coverage shall provide coverage for timely post-delivery care in any of the following settings (as selected by the mother): the mother's home, a provider's office, a hospital, a federally qualified health center, a federally qualified rural health clinic, a State health department maternity clinic, or another setting (which may include a birthing center or an intermediate care facility) determined appropriate under regulations promulgated by the Secretary. ``(B) Timely care.--For purposes of subparagraph (A), the term `timely post-delivery care' means health care that is provided-- ``(i) to a mother and her newborn child following the discharge of a mother and her newborn child from the hospital; ``(ii) by a registered nurse, physician (as defined in section 1861(r)(1) of the Social Security Act), nurse practitioner, nurse midwife, or physician assistant experienced in maternal and child health, as selected by the mother; and ``(iii) in a manner that meets the health care needs of the mother and her newborn child, that provides for the appropriate monitoring of the conditions of the mother and child, and that occurs within 72 hours following discharge. ``(C) Consistency with state law.--The Secretary shall, with respect to regulations promulgated under to carry out this paragraph and concerning appropriate post-delivery care settings, ensure that, to the extent practicable, such regulations are consistent with State licensing and practice laws.''. (c) Internal Revenue Code of 1986 Amendment.--Section 9811 of the Internal Revenue Code of 1986, as inserted by section 1531(a)(4) of the Taxpayer Relief Act of 1997, is amended-- (1) in paragraph (2), by striking ``Paragraph'' and inserting ``Subject to paragraph (3), paragraph'', and (2) by adding at the end the following new paragraph: ``(3) Requiring coverage of post-delivery follow-up care.-- ``(A) In general.--In the case of a decision described in paragraph (2) (relating to early discharge), the group health plan or health insurance issuer offering the coverage shall provide coverage for timely post-delivery care in any of the following settings (as selected by the mother): the mother's home, a provider's office, a hospital, a federally qualified health center, a federally qualified rural health clinic, a State health department maternity clinic, or another setting (which may include a birthing center or an intermediate care facility) determined appropriate under regulations promulgated by the Secretary. ``(B) Timely care.--For purposes of subparagraph (A), the term `timely post-delivery care' means health care that is provided-- ``(i) to a mother and her newborn child following the discharge of a mother and her newborn child from the hospital; ``(ii) by a registered nurse, physician (as defined in section 1861(r)(1) of the Social Security Act), nurse practitioner, nurse midwife, or physician assistant experienced in maternal and child health, as selected by the mother; and ``(iii) in a manner that meets the health care needs of the mother and her newborn child, that provides for the appropriate monitoring of the conditions of the mother and child, and that occurs within 72 hours following discharge. ``(C) Consistency with state law.--The Secretary shall, with respect to regulations promulgated under to carry out this paragraph and concerning appropriate post-delivery care settings, ensure that, to the extent practicable, such regulations are consistent with State licensing and practice laws.''. (d) Effective Dates.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply with respect to-- (A) group health plans, and health insurance coverage offered in connection with group health plans, for plan years beginning after January 1, 1999; and (B) health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after such date. (2) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (A) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or (B) January 1, 1999. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement imposed under an amendment made by this Act shall not be treated as a termination of such collective bargaining agreement.

Amends the Public Health Service Act (PHSA), the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to require that, when an attending provider and the mother decide to discharge the mother or her newborn prior to specified minimum inpatient periods following delivery, the group health plan or insurer offering coverage provide coverage for timely post-delivery care in any of specified settings, as selected by the mother. Applies the requirement to coverage in the individual market under specified provisions of the PHSA.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require group health plans and group and individual health insurance coverage to provide post-delivery follow-up care for mothers and newborns discharged less than 48 hours following a vaginal delivery or less than 96 following a delivery by cesarean section.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Support for Rapid Innovation Act of 2016''. SEC. 2. CYBERSECURITY RESEARCH AND DEVELOPMENT PROJECTS. (a) Cybersecurity Research and Development.-- (1) 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. 319. CYBERSECURITY RESEARCH AND DEVELOPMENT. ``(a) In General.--The Under Secretary for Science and Technology shall support the research, development, testing, evaluation, and transition of cybersecurity technologies, including fundamental research to improve the sharing of information, analytics, and methodologies related to cybersecurity risks and incidents, consistent with current law. ``(b) Activities.--The research and development supported under subsection (a) shall serve the components of the Department and shall-- ``(1) advance the development and accelerate the deployment of more secure information systems; ``(2) improve and create technologies for detecting attacks or intrusions, including real-time continuous diagnostics and real-time analytic technologies; ``(3) improve and create mitigation and recovery methodologies, including techniques and policies for real-time containment of attacks, and development of resilient networks and information systems; ``(4) support, in coordination with non-Federal entities, the review of source code that underpins critical infrastructure information systems; ``(5) develop and support infrastructure and tools to support cybersecurity research and development efforts, including modeling, testbeds, and data sets for assessment of new cybersecurity technologies; ``(6) assist the development and support of technologies to reduce vulnerabilities in industrial control systems; and ``(7) develop and support cyber forensics and attack attribution capabilities. ``(c) Coordination.--In carrying out this section, the Under Secretary for Science and Technology shall coordinate activities with-- ``(1) the Under Secretary appointed pursuant to section 103(a)(1)(H); ``(2) the heads of other relevant Federal departments and agencies, as appropriate; and ``(3) industry and academia. ``(d) Transition to Practice.--The Under Secretary for Science and Technology shall support projects carried out under this title through the full life cycle of such projects, including research, development, testing, evaluation, pilots, and transitions. The Under Secretary shall identify mature technologies that address existing or imminent cybersecurity gaps in public or private information systems and networks of information systems, identify and support necessary improvements identified during pilot programs and testing and evaluation activities, and introduce new cybersecurity technologies throughout the homeland security enterprise through partnerships and commercialization. The Under Secretary shall target federally funded cybersecurity research that demonstrates a high probability of successful transition to the commercial market within 2 years and that is expected to have a notable impact on the public or private information systems and networks of information systems. ``(e) Definitions.--In this section: ``(1) Cybersecurity risk.--The term `cybersecurity risk' has the meaning given such term in section 227. ``(2) Homeland security enterprise.--The term `homeland security enterprise' means relevant governmental and nongovernmental entities involved in homeland security, including Federal, State, local, and tribal government officials, private sector representatives, academics, and other policy experts. ``(3) Incident.--The term `incident' has the meaning given such term in section 227. ``(4) Information system.--The term `information system' has the meaning given such term in section 3502(8) of title 44, United States Code.''. (2) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 318 the following new item: ``Sec. 319. Cybersecurity research and development.''. (b) Research and Development Projects.--Section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``2016'' and inserting ``2020''; (B) in paragraph (1), by striking the last sentence; and (C) by adding at the end the following new paragraph: ``(3) Prior approval.--In any case in which the head of a component or office of the Department seeks to utilize the authority under this section, such head shall first receive prior approval from the Secretary by providing to the Secretary a proposal that includes the rationale for the utilization of such authority, the funds to be spent on the use of such authority, and the expected outcome for each project that is the subject of the use of such authority. In such a case, the authority for evaluating the proposal may not be delegated by the Secretary to anyone other than the Under Secretary for Management.''; (2) in subsection (c)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``2016'' and inserting ``2020''; and (B) by amending paragraph (2) to read as follows: ``(2) Report.--The Secretary shall annually submit to the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report detailing the projects for which the authority granted by subsection (a) was utilized, the rationale for such utilizations, the funds spent utilizing such authority, the extent of cost-sharing for such projects among Federal and non- Federal sources, the extent to which utilization of such authority has addressed a homeland security capability gap or threat to the homeland identified by the Department, the total amount of payments, if any, that were received by the Federal Government as a result of the utilization of such authority during the period covered by each such report, the outcome of each project for which such authority was utilized, and the results of any audits of such projects.''; and (3) by adding at the end the following new subsection: ``(e) Training.--The Secretary shall develop a training program for acquisitions staff on the utilization of the authority provided under subsection (a).''. (c) Prohibition on Additional Funding.--No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act. Passed the House of Representatives June 21, 2016. Attest: KAREN L. HAAS, Clerk.

. Support for Rapid Innovation Act of 2016 (Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the Under Secretary for Science and Technology of the Department of Homeland Security (DHS) to support the research, development, testing, evaluation, and transition of cybersecurity technologies. Such research and development shall: advance the development and accelerate the deployment of more secure information systems, improve and create technologies for detecting attacks or intrusions, improve and create mitigation and recovery methodologies and development of resilient networks and information systems, support the review of source code that underpins critical infrastructure information systems, develop and support infrastructure and tools to support cybersecurity research and development efforts, assist the development and support of technologies to reduce vulnerabilities in industrial control systems, and develop and support cyber forensics and attack attribution capabilities. The Under Secretary shall: support projects carried out under this bill through their full life cycle; identify mature technologies that address existing or imminent cybersecurity gaps in public or private information systems and networks, identify and support necessary improvements, and introduce new cybersecurity technologies throughout the homeland security enterprise through partnerships and commercialization; and target federally funded cybersecurity research that demonstrates a high probability of successful transition to the commercial market within two years and that is expected to have a notable impact on information systems and networks. The bill: (1) extends the authority of the Secretary of DHS to carry out a research and development projects pilot program until September 30, 2020; (2) requires a DHS component to obtain the Secretary's approval before utilizing authority for such a project by providing a proposal that includes the rationale, funds to be spent, and expected outcome for the project; and (3) requires the Secretary's annual report on such program to include the extent of cost-sharing for projects among federal and non-federal sources and the extent to which utilization of project authority has addressed a homeland security capability gap or threat to the homeland.

Support for Rapid Innovation Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consistent Public Land Laws Enforcement Act of 2002''. SEC. 2. CONSISTENT ENFORCEMENT AUTHORITY REGARDING NATIONAL PARK SYSTEM LANDS, NATIONAL FOREST LANDS, AND OTHER PUBLIC LANDS. (a) Lands Under Jurisdiction of Bureau of Land Management.--Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)) is amended by striking the second sentence and inserting the following new sentences: ``A violation of any such regulation shall be a Class B misdemeanor, except that a person who knowingly and willfully violates any such regulation shall be guilty of a Class A misdemeanor, subject to fine as provided in section 3571 of title 18, United States Code, or imprisonment as provided in section 3581 of that title, or both. A person who violates any such regulation may also be adjudged to pay all costs of the proceedings.''. (b) National Park System Lands.-- (1) Enforcement.--Section 3 of the Act of August 25, 1916 (popularly known as the National Park Service Organic Act; 16 U.S.C. 3) is amended in the first sentence-- (A) by striking ``That the Secretary'' and inserting ``(a) Regulations for Use and Management of National Park System; Enforcement.--The Secretary''; and (B) by striking ``Service,'' and all that follows through ``proceedings.'' and inserting the following: ``Service. A violation of any such rule or regulation shall be a Class B misdemeanor, except that a person who knowingly and willfully violates any such rule or regulation shall be guilty of a Class A misdemeanor, subject to fine as provided in section 3571 of title 18, United States Code, or imprisonment as provided in section 3581 of that title, or both. A person who violates any such rule or regulation may also be adjudged to pay all costs of the proceedings.''. (2) Conforming amendments.--Such section is further amended-- (A) by striking ``He may also'' the first place it appears and inserting the following: ``(b) Special Management Authorities.--The Secretary of the Interior may''; (B) by striking ``He may also'' the second place it appears and inserting ``The Secretary may''; and (C) by striking ``No natural,'' and inserting the following: ``(c) Lease and Permit Authorities.--No natural''. (c) National Forest System Lands.--The eleventh undesignated paragraph under the heading ``surveying the public lands'' of the Act of June 4, 1897 (16 U.S.C. 551), is amended by striking ``destruction; and any'' and all that follows through ``or both.'' and inserting the following: ``destruction. A violation of any such rule or regulation shall be a Class B misdemeanor, except that a person who knowingly and willfully violates any such rule or regulation shall be guilty of a Class A misdemeanor, subject to fine as provided in section 3571 of title 18, United States Code, or imprisonment as provided in section 3581 of that title, or both. A person who violates any such rule or regulation may also be adjudged to pay all costs of the proceedings.''. SEC. 3. CONSISTENT AUTHORITIES REGARDING USE OF COLLECTED FINES. (a) Lands Under Jurisdiction of Bureau of Land Management.--Section 305 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1735), is amended by adding at the end the following new subsection: ``(d) Use of Collected Fines.-- ``(1) Availability and authorized use.--Any moneys received by the United States as a result of a fine imposed under section 3571 of title 18, United States Code, for a violation of a regulation prescribed under section 303(a) shall be available to the Secretary, without further appropriation and until expended, for the following purposes: ``(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on the public lands rendered necessary by the action which led to the fine. ``(B) To increase public awareness of regulations and other requirements regarding the use of the public lands. ``(2) Return of excess funds to treasury.--Moneys referred to in paragraph (1) that the Secretary determines are excess to the amounts necessary to carry out the purposes specified in such paragraph shall be transferred to miscellaneous receipts.''. (b) National Park System Lands.--Section 3 of the Act of August 25, 1916 (popularly known as the National Park Service Organic Act; 16 U.S.C. 3), as amended by section 2(b), is further amended by adding at the end the following new subsection: ``(d) Use of Collected Fines.-- ``(1) Availability and authorized use.--Any moneys received by the United States as a result of a fine imposed under section 3571 of title 18, United States Code, for a violation of a rule or regulation prescribed under this section shall be available to the Secretary of the Interior, without further appropriation and until expended, for the following purposes: ``(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on the National Park System lands rendered necessary by the action which led to the fine. ``(B) To increase public awareness of rules, regulations, and other requirements regarding the use of the such lands. ``(2) Return of excess funds to treasury.--Moneys referred to in paragraph (1) that the Secretary determines are excess to the amounts necessary to carry out the purposes specified in such paragraph shall be transferred to miscellaneous receipts.''. (c) National Forest System Lands.--Section 7 of the Act of June 20, 1958 (16 U.S.C. 579c), is amended-- (1) by inserting ``(a) Treatment of Certain Moneys Received on Behalf of Forest Service.--'' before ``Any funds''; (2) by striking ``contract or (2)'' and inserting ``contract, (2)''; (3) by inserting after ``improvements,'' the following: ``or (3) as a result of a fine imposed under section 3571 of title 18, United States Code, for a violation of a rule or regulation prescribed by the Secretary of Agriculture with respect to such lands,''; (4) by striking ``to cover'' and all that follows through the end of the section and inserting the following: ``for the purposes specified in subsection (b).''; and (5) by adding at the end the following new subsection: ``(b) Authorized Use.-- ``(1) In general.--The moneys referred to in subsection (a) shall be available to the Secretary of Agriculture for the following purposes: ``(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on National Forest System lands rendered necessary by the action which led to the fine, forfeiture, judgment, compromise, or settlement. ``(B) To increase public awareness of rules, regulations, and other requirements regarding the use of the such lands. ``(2) Return of excess funds to treasury.--Moneys referred to in subsection (a) that the Secretary determines are excess to the amounts necessary to carry out the purposes specified in paragraph (1) shall be transferred to miscellaneous receipts.''.

Consistent Public Land Laws Enforcement Act of 2002 - Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, and other Federal law to classify as a Class B misdemeanor a violation of any regulation concerning the management, use, and protection of National Park System lands, National Forest lands, and other public lands. Makes a person guilty of a Class A misdemeanor (subject to a higher fine and/or imprisonment) for the knowing and willful violation of any such regulation. Provides authority to adjudge persons who commit such a violation to pay all costs of the proceedings.Allows fines so collected to be used to: (1) cover the costs of improvement, protection, or rehabilitation of the public lands rendered necessary by such violation; and (2) increase public awareness of such regulations and other requirements concerning public land use.

To provide consistent enforcement authority to the Bureau of Land Management, the National Park Service, and the Forest Service to respond to violations of regulations regarding the management, use, and protection of the public lands, National Park System lands, and National Forest System lands, to clarify the purposes for which collected fines may be used, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Action Plan for Public Lands and Education Act of 2011''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Acts enabling the people of territories of the American West to form their constitutions and State governments and providing for the admission of such States into the Union on equal footing with the original States included a common provision of which the following example is typical: That 5 percent of the proceeds of the sales of public land lying within said State, which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to the said State, to be used as a permanent fund, the interest of which only shall be expended for the support of the common schools within said State. (2) Western States, as a group, are falling behind in education funding as measured by growth of real per pupil expenditures from 1979 to 2007. (3) Nine of the 10 States with the lowest real growth in per pupil expenditures are Western States. (4) The growth rate of real per pupil expenditures in the 13 Western States is substantially less than the rate in the 37 other States (56 percent versus 92 percent). (5) One effect of less funding for public education in the West is higher pupil-per-teacher ratios. (6) Nine of the 12 States with the largest pupil-per- teacher ratios are Western States. (7) On average, the 13 Western States have 3 more students per classroom than the 37 other States. (8) Over the next 10 years, the rate of enrollment growth is projected to be much higher in Western States than in other States. (9) On average, the rate of enrollment growth in Western States is projected to increase dramatically, while the rate of enrollment growth of most other States will see minimal growth or decrease. (10) The State and local taxes of Western States as a percentage of personal income are as high as or higher than other States. (11) Despite the fact that Western States tax at a comparable rate and allocate as much of their budgets to public education as other States, Western States have lower real growth in per pupil expenditures and have higher pupil-per- teacher ratios. (12) The Federal Government is the source and potential solver of the problem because of the enormous amount of untaxed land the Federal Government owns in Western States. (13) All States east of an imaginary vertical line from Montana to New Mexico have, on average, 4.1 percent of their land federally owned, while the Western States on average have 51.9 percent of their land federally owned. (14) The plain language of these enabling Acts proclaims that the public land shall be sold by the United States subsequent to the admission of the States into the Union. (15) The United States honored those Acts by selling public land within the Western States until the passage of the Federal Land Policy and Management Act of 1976, wherein Congress declared that the policy of the United States was to retain public land in Federal ownership and management. (16) The United States has broken its solemn compact with the Western States and breached its fiduciary duty to the school children who are designated beneficiaries of the sale of Federal land under the terms of the respective enabling Acts of the Western States. (17) The current shortfall in funding public education in the Western States requires immediate Congressional action to remedy the above-described discriminatory Federal land policy and prevent the further disadvantaging of the school children of the Western States. (18) The most efficient and cost effective remedy now available to the United States is to grant to the Western States 5 percent of the remaining Federal land located within each State, authorizing each State to select such land from the unappropriated public land within the boundaries of the State to satisfy the grant. SEC. 3. QUANTITY GRANTS TO WESTERN STATES FOR EDUCATION IMPROVEMENT. (a) Quantity Land Grants.--Instead of receiving, for the support of the common schools, 5 percent of the proceeds of the sales of federally owned land lying within the Western States which have not been sold by the United States as of January 1, 2011, grants of land are hereby made to the Western States. The amount of land granted to each State shall be equal to 5 percent of the number of acres of federally owned land within the State as of January 1, 2011. (b) Selection Process.-- (1) In general.--Each Western State shall select from the unappropriated public lands within the borders of the State in such manner as the legislature of the State may provide, land equal in acreage to 5 percent of the federally owned land in the State as of January 1, 2011. (2) Calculation of acreage and notification of state.--The Secretary shall calculate the exact acreage of federally owned land in each Western State as of January 1, 2011, and designate the unappropriated public land, as defined herein, eligible for selection by the State. The Secretary shall communicate to each of the Western States the respective acreage calculation and designation of land eligible for selection not later than 1 year after the date of the enactment of this Act. (c) Application of Certain Law.--Selection and transfer of land under this Act shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969. (d) Mineral and Oil and Gas Rights.-- (1) In general.--All mineral, oil, and gas rights to the land selected by the Western States under this Act shall become the property of the relevant Western State unless the Federal lessee of the selected land is making royalty payments to the United States from production of minerals, oil, or gas, whereupon the particular leasehold interest shall remain in the ownership of the United States until the leasehold interest terminates. After that termination; the mineral, oil, and gas rights shall become the property of the relevant Western State. (2) Selection of surface rights.--Western States may select only the surface of eligible land if the land is located on subsurface mineral, oil, or gas deposits that are generating royalty, rental or bonus payments to United States. The entire mineral, oil, and gas estate shall become the property of the Western State upon expiration or termination of production in paying quantities from the Federal lease. (e) Permanent School Fund.--All land selected by each of the Western States shall be held in trust by the State agency empowered to sale or lease such lands, the proceeds of which shall be used as a permanent fund, the interest of which shall only be expended for the support of public education. (f) Definitions.--In this Act: (1) The term ``Western States'' means Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming. (2) The term ``Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate. (3) The term ``State educational agency'' means the agency of the State primarily responsible for the supervision of education. (4) The term ``federally owned land'' means all land held in the name of the United States or any agency thereof, including land held in trust, United States military reservations, Indian Reservations and any other land used for Federal purposes. (5) The term ``unappropriated public lands'' means any and all land under the management and control of the Bureau of Land Management or United States Forest Service, excluding land that is-- (A) held in trust as the part of an Indian Reservation; (B) located within a United States military reservation; (C) a unit of the National Park System; (D) a Wildlife Refuge; (E) a Wilderness Area designated by Congress; (F) a National Historic Site; (G) a National Monument; (H) a National Natural Landmark; (I) an Area of Critical Environmental Concern; or (J) a Wilderness Study Area.

Action Plan for Public Lands and Education Act of 2011 - Makes grants of land to the following states in lieu of receiving, for the support of the common schools, 5% of the proceeds of the sales of federally owned land within such states which have not been sold by the United States as of January 1, 2011: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming. Makes the amount of land granted to each state 5% of the number of acres of federally owned land within that state as of January 1, 2011. Requires land selected to be held in trust to be sold or leased and the proceeds to be used only for the support of public education.

To authorize Western States to make selections of public land within their borders in lieu of receiving 5 percent of the proceeds of the sale of public land lying within said States as provided by their respective enabling Acts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Medicaid for America's Children Act of 2009''. SEC. 2. ENHANCED FMAP FOR CHILDREN UNDER MEDICAID. (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (b), by inserting ``and subsection (y)'' after ``section 1933(d),''; and (2) by adding at the end the following new subsection: ``(y) Conditions-Based Enhanced FMAP for Children.-- ``(1) In general.--Subject to paragraph (4), in the case of a State that meets the requirements of paragraph (2) with respect to a quarter and that implements at least 3 of the policies described in paragraph (3)(B) for the quarter under the State plan under this title, the Federal medical assistance percentage applicable with respect to expenditures made for medical assistance for children shall be increased by the percentage (specified in paragraph (3)(A)) of the number of percentage points by which-- ``(A) the enhanced FMAP (as defined in section 2105(b)), exceeds ``(B) the Federal medical assistance percentage otherwise applicable. ``(2) Maintenance-of-effort requirements.--The requirements of this paragraph with respect to a State for a quarter are that the State must agree to the following two maintenance-of- effort requirements: ``(A) An amount equivalent to the aggregate State general revenue funds being applied as of July 1, 2008, under this title for purposes of obtaining Federal financial participation under this title for medical assistance furnished to children must remain invested in health care programs and services for children and available to supplement (and not supplant) program funding, with priority given to increasing reimbursement rates for providers and coverage expansion. ``(B) To maintain eligibility, methods, standards, procedures, and provider rates applicable to children under this title at levels not less than the levels in effect as of July 1, 2008. ``(3) Scaling of increase based on degree of implementation of policies.-- ``(A) Percentage specified.--For purposes of paragraph (1), in the case of a State that implements-- ``(i) at least 6 of the policies described in subparagraph (B) for a calendar quarter, the percentage under this subparagraph is 100 percent; ``(ii) 5 of such policies, the percentage under this paragraph is 75 percent; or ``(iii) fewer than 4 (but no less than 3) of such policies, the percentage under this paragraph is 50 percent. ``(B) Policies described.--The policies described in this subparagraph are as follows (as more fully specified by the Secretary): ``(i) The State has implemented 12-month continuous coverage for children for medical assistance under this title. ``(ii) Children leaving foster care on their 18th birthday may maintain eligibility for medical assistance under this title up to the age of 23 if they are attending college full- or part-time. ``(iii) As a condition of eligibility for children under section 1902(l), the State does not apply an asset test or applies a simplified asset verification system. ``(iv) The State does not require a face- to-face interview as a condition of eligibility for children for medical assistance under this title. ``(v) The State permits renewals of eligibility for children for medical assistance under this title to be effected administratively or through an ex parte process. ``(vi) The State permits a joint application for medical assistance under this title and for child health assistance under title XXI with the same information verification process to obtain assistance under this title or title XXI. ``(vii) The State has implemented under this title and title XXI presumptive eligibility for children described in section 1920A. ``(viii) The State has implemented the Express Lane eligibility option under section 1902(e)(13). ``(ix) The State provides for coordination of delivery of care for children for which medical assistance is available under this title through a medical home or similar model. ``(4) Limitation.--This subsection shall not apply for any calendar quarter for a State for which the State may be eligible for an increase in FMAP under section 5001 of division B of the American Recovery and Reinvestment Act (Public Law 111-5). ``(5) Children defined.--In this subsection, the term `children' means an individual who is under 21 years of age.''.

Strengthening Medicaid for America's Children Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to require an increased federal medical assistance percentage (FMAP) for children in certain states that implement at least three of nine specified policies regarding medical assistance to children.

To amend title XIX of the Social Security Act to provide for application of an enhanced Federal matching rate for children under the Medicaid Program if certain conditions are met.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Comprehensive Crime-Free Communities Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to encourage strategic data-driven planning that is collaborative, involving multiple local organizations, and to develop comprehensive, involving crosscutting crime, violence and substance abuse prevention strategies; (2) to encourage the establishment of performance standards and goals for crime prevention and crime reduction; (3) to establish program elements that are anchored in the fundamental belief that crime prevention is everybody's business; (4) to promote strategies that involve-- (A) grassroots communities in problem identification and problem-solving; (B) policymakers in order to provide leadership in creating systemic or environmental change that will promote community well being; (C) State agencies in providing coordinated, comprehensive, and innovative approaches to preventing crime, violence, and drug abuse; and (D) local leaders, experts, and representatives of organizations in providing consultation on planning and program outcomes; (5) to improve on previous initiatives that have focused efforts on geographically defined areas in communities or States (e.g., Weed and Seed and High Intensity Drug-Trafficking Areas) and have been limited to a small number of enforcement or intervention strategies by encouraging communities to focus on prevention strategies that are jurisdiction-wide; (6) to promote efforts and programs that utilize nontraditional and innovative crime prevention strategies that address the causes of crimes as well as reducing the opportunities for crime; and (7) to encourage the use of the best in comprehensive prevention practice, policy, and strategies. SEC. 3. PROGRAM ADMINISTRATION. (a) Attorney General Responsibilities.--In carrying out this Act, the Attorney General shall-- (1) make and monitor grants to grant recipients; (2) provide through the offices of the National Crime Prevention Council technical assistance and training, data collection, and dissemination of information on state-of-the- art research-grounded practices that the Attorney General determines to be effective in preventing and reducing crime, violence, and drug abuse; (3) provide for the general administration of programs authorized by this Act; (4) provide for the evaluation of this Act and assess the effectiveness of comprehensive planning in the prevention of crime, violence, and drug abuse; (5) provide for a comprehensive communications strategy to inform the public as well as State and local governments of programs authorized by this Act and their purpose and intent; (6) coordinate with other Federal agencies involved in crime and drug prevention programming and utilize research or effective programs, principles, and prevention practices; (7) establish a National Crime-Free Communities Commission to advise, consult with, and make recommendations to the Attorney General concerning activities carried out under this Act; (8) establish the National Center for Justice Planning in a national organization representing state criminal justice executives that will: (A) provide technical assistance and training to state criminal justice agencies in implementing policies and programs to facilitate community-based strategic planning processes; (B) establish a resource collection of best practices for state-wide community-based criminal justice planning; and (C) consult with the National Crime Prevention Council in providing states training in comprehensive strategic planning. (b) Authorization of Appropriations.--There are authorized to be appropriated $5,000,000 to the Attorney General for the fiscal years 2002 through 2006 as follows: (1) $4,500,000 will be for the National Crime Prevention Council to assist states and communities in providing training, technical assistance, and setting benchmarks; and (2) $500,000 will be for the establishment and operation of the National Center for Justice Planning. (c) Program Administration.--Up to three percent of program funds appropriated for Community Grants in section (6) and State Capacity Building grants in section (7) may be used by the Attorney General to administer this program. SEC. 4. FOCUS. Programs carried out by States and local communities under this Act shall include a specialized focus on neighborhoods and schools disproportionately affected by crime, violence, and drug abuse. SEC. 5. DEFINITIONS. In this Act: (1) Collaboration.--The term ``collaboration'' is the joint planning of policies by organizations inclusive of multiple sectors, in the development and implementation of comprehensive solutions to crime, violence, and substance abuse. (2) Community.--The term ``community'' means any urban or rural area that possesses 1 or more governmental jurisdictions that can develop collaborations for the purposes of preventing and reducing crime, violence, and substance abuse. (3) Comprehensive.--The term ``comprehensive'' means a continuum of policies and strategies that are crosscutting and shall include the activities of prevention, education, treatment, law enforcement, and after-care. (4) Crime prevention plan.--The term ``crime prevention plan'' means a strategy that has measurable long-term goals and short-term objectives that-- (A) addresses the problems of crime, violence, and substance abuse for a jurisdiction, which may include the problems of terrorism, developed through an interactive and collaborative process that includes senior representatives of law enforcement and the local chief executive's office as well as representatives of such groups as other agencies of local government (including physical and social service providers), nonprofit organizations, business leaders, religious leaders, citizens leaders, and representatives of community and neighborhood groups, (B) establishes interim and final benchmark measures for each prevention objective and strategy, and (C) includes a monitoring and assessment mechanism for implementation of the plan. (5) Prevention.--The term ``prevention'' means programs, practices, and strategies affecting attitudes and behaviors and directed at reducing crime and enhancing the sense of safety and security, to positively influence the quality of life in our society, and to help develop environments where crime cannot flourish. (6) Terrorism.--The term ``terrorism'' in the context of a Crime Prevention Plan refers to planning for the prevention of, protection from, and response to a terrorist attack. (7) Special populations.--The term ``special populations'' refers to representatives of any group or groups of minority or Native American populations. (8) State.--For purposes of this Act, state is defined to include each of the fifty states and the District of Columbia. SEC. 6. COMMUNITY GRANTS. (a) Grants Authorized.-- (1) In general.--The Attorney General shall award grants to at least 100 communities or the designee of a community [a 501(c)(3) organization] in an amount not to exceed $250,000 per year for the planning, evaluation, and implementation of a program designed to prevent and reduce crime, violence, and substance abuse. (2) Limitation.--Of the amount of a grant awarded under this section in any given year-- (A) not more than $125,000 may be used for the planning or evaluation component of the program; and (B) the balance of the funds shall be awarded as the program implementation component required under subsection (b) upon demonstration by the applicant that the planning has been accomplished by the applicant prior to the submission by that applicant of an application for a grant under this section. (b) Use of Funds.-- (1) Planning component.-- (A) In general.--A community grant awarded under this section may be used by a community to develop comprehensive planning processes. (B) Availability.--A grant may be awarded under this paragraph to a community during the first 2 years of the funding of that community. (C) Matching requirement.--The Federal share of a grant under this paragraph shall not exceed-- (i) 0 percent in the first year; and (ii) 80 percent in the second year. (2) Evaluation component.-- (A) In general.--A community grant awarded under this section may be used by a community to support on- going evaluation of program planning and implementation. (B) Matching requirement.--The Federal share of a grant under this paragraph shall not exceed 80 percent during each funding year. (3) Program implementation component.-- (A) In general.--A community grant under this section may be used by a community to support specific programs or projects that are consistent with the local Crime Prevention Plan. (B) Availability.--A grant shall be awarded under this paragraph to a community that has developed a specific Crime Prevention Plan and program outline. (C) Matching requirement.--The federal share of a grant under this paragraph shall not exceed-- (i) 80 percent in the first year; (ii) 60 percent in the second year; (iii) 40 percent in the third year; (iv) 20 percent in the fourth year; and (v) 20 percent in the fifth year. (D) Data set-aside.--A community may use up to 5 percent of the grant to assist it in collecting local data related to the costs of crime, violence, and substance abuse for purposes of supporting its Crime Prevention Plan. (c) Application.-- (1) In general.--An applicant for a community grant under this section shall-- (A) submit to the Attorney General, a list of collaborating agencies and organizations that demonstrate the comprehensive and inclusive nature of the application of the applicant; (B) demonstrate how the planning and funding collaboration systems of the applicant will prevent crime, violence, and substance abuse; (C) submit a program sustainability plan at the end of the first year of the program of the applicant that describes how the applicant will achieve program sustainability following the fifth year of the program; (D) certify for the program implementation component required under subsection (b), that the programs of the applicant are based on nationally recognized research standards that have been tested in local communities; and (E) collaborate and obtain the approval and support of the State agency designated by the Governor of that State in the development of the comprehensive prevention plan of the applicant. (2) Consideration.--The Attorney General may give additional consideration in the grant review process to an applicant with an officially designated Weed and Seed site seeking to expand from a neighborhood to community-wide strategies. (3) Rural communities.--The Attorney General shall give additional consideration in the grant review process to an applicant from a rural or frontier area. (d) Recipient Requirements.--A recipient of a grant under this section shall demonstrate the ability of that recipient to-- (1) develop a local Crime-Free Communities Commission, a broad-based, comprehensive collaboration of stakeholders, such as local, State, and Federal criminal justice personnel, law enforcement, schools, youth organizations, religious and other community organizations, business and health care professionals, parents, State, local, or tribal governmental agencies, and other organizations; (2) collect and disseminate research and findings; (3) collect and report community demographic information related to crime rates, violent crime, and substance abuse patterns; (4) sustain program elements after 5 years of Federal funding; and (5) include special populations. (e) Waivers for Matching Requirement.--A community with an officially designated Weed and Seed site may be provided a waiver by the Attorney General for all matching requirements under this section based on demonstrated financial hardship. (f) Authorization of Appropriations.--There are authorized to be appropriated $25,000,000 to carry out this section for the fiscal years 2002 through 2006. SEC. 7. STATE CAPACITY BUILDING GRANTS. (a) Grants Authorized.-- (1) In general.--The Attorney General shall award grants to each State criminal justice agency, Byrne agency, or other agency as designated by the Governor of that State and approved by the Attorney General of the United States, in an amount not to exceed $400,000 per year to develop State capacity to assist local communities in the prevention and reduction of crime, violence, and substance abuse. (b) Use of Funds.-- (1) A state capacity building grant shall be used to develop a statewide strategic plan as defined in section (c) below to prevent and reduce crime, violence, and substance abuse; (2) A State may also use grants to modify or remove regulatory or other barriers to integrate service delivery; provide training and technical assistance to communities; and promote innovation in the development of policies, technologies, and programs to prevent and reduce crime; and (3) A State may use up to 5 percent of the grant to assist grant recipients in collecting statewide data related to the costs of crime, violence, and substance abuse for purposes of supporting the statewide strategic plan. (c) Statewide Strategic Prevention Plan.-- (1) In general.--A statewide strategic prevention plan shall be used by the state to assist local communities, both directly and through existing state programs and services, in building comprehensive, strategic and innovative approaches to reducing crime, violence, and substance abuse based on local conditions and needs. (2) Goals.--The plan must contain statewide long-term goals and measurable annual objectives for reducing crime, violence, and substance abuse. (3) Accountability.--The state shall be required to develop and report in its plan relevant performance targets and measures for the goals and objectives to track changes in crime, violence, and substance abuse. (4) Consultation.--States shall constitute a state crime free communities commission comprised of state and local government, and community leaders who will provide advice and recommendations on relevant community goals and objectives, and performance targets and measures. (d) Requirements.-- (1) Training and technical assistance.--The state shall provide training and technical assistance, including such assistance offered by the Attorney General of the United States through the National Crime Prevention Council, to assist local communities in developing Crime Prevention Plans that reflect statewide strategic goals and objectives, and performance targets and measures. (2) Reports.--The state shall be required to report its statewide strategic plan to the Attorney General that includes evidence of-- (A) involvement of relevant state-level agencies to assist communities in the development and implementation of their Crime Prevention Plans; (B) support for local applications for Community Grants; and (C) community progress toward reducing crime, violence, and substance abuse. (3) Certification.--Beginning in the third year of the program, states must certify that the local grantee's project funded under the community grant is generally consistent with statewide strategic goals and objectives, and performance targets and measures. (e) Authorization of Appropriations.--There are authorized to be appropriated $20,000,000 to carry out this section for the fiscal years 2002 through 2006.

National Comprehensive Crime-Free Communities Act - Directs the Attorney General to: (1) make and monitor grants to grant recipients; (2) provide, through the offices of the National Crime Prevention Council, technical assistance and training, data collection, and dissemination of information on state-of-the-art research-grounded practices that the Attorney General determines to be effective in preventing and reducing crime, violence, and drug abuse; (3) provide for the general administration of programs authorized by this Act, the evaluation of this Act, and a comprehensive communication strategy to inform the public and State and local governments of such programs; (4) coordinate with other Federal agencies; and (5) establish a National Crime-Free Communities Commission, the National Center for Justice Planning, and a resource collection of best practices for State-wide community-based criminal justice planning.Requires that programs carried out by States and local communities under this Act include a specialized focus on neighborhoods and schools disproportionately affected by crime, violence, and drug abuse.Directs the Attorney General to award matching grants to: (1) at least 100 communities or the designee of a community of up to $250,000 per year for the planning, evaluation, and implementation of a program designed to prevent and reduce crime, violence, and substance abuse; and (2) each State criminal justice agency, Byrne agency, or other agency as designated by the Governor of that State and approved by the Attorney General of up to $400,000 per year to develop State capacity to assist local communities in such efforts.

To increase community capacity and commitment to promote and support local comprehensive strategies and traceable actions to prevent and reduce crime, violence, and substance abuse through prevention, education, treatment, law enforcement, and continuing care activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Assurance in Drug Testing Act''. SEC. 2. FINDINGS. Congress finds that-- (1) drug abuse in the workplace is a serious national problem, and (2) drug testing can be an effective deterrent to drug abuse when administered in a manner that provides for quality assurance. SEC. 3. QUALITY ASSURANCE IN DRUG TESTING. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following new title: ``TITLE XXVII--QUALITY ASSURANCE IN DRUG TESTING ``SEC. 2701. LABORATORY CERTIFICATION STANDARDS. ``(a) Prohibition.--No individual may perform a toxicological analysis in connection with any drug testing program that is subject to this title unless such analysis is conducted in a laboratory certified under subsection (b). ``(b) Certification.--Not later than 1 year after the date of enactment of this title, the Secretary shall establish a program for certifying laboratories that meet standards for performing-- ``(1) drug screening tests, ``(2) drug confirmatory tests, and ``(3) both drug screening and confirmatory tests. ``(c) Criteria.--In establishing standards for certification under subsection (b), the Secretary shall use criteria that will maximize the predictive value of the testing scheme and that take into consideration the practices, procedures, and experience of drug testing programs which the Secretary determines are conducted in accordance with appropriate standards and procedures. ``(d) Periodic Review.--At least once each year, the Secretary shall review, and where appropriate revise, the certification criteria established under subsection (b), taking into consideration the relevant scientific technical advances in the area of drug testing and revisions needed to reflect employer zero-drug tolerance practices. ``SEC. 2702. ANTI-DRUG ABUSE POLICY. ``(a) Written Policy.--As a condition of implementing or maintaining a drug testing program, an employer shall establish a written anti-drug abuse policy that shall contain, at a minimum, an explanation concerning the-- ``(1) circumstances under which a drug test will be administered, the procedures for notifying an employee of a confirmed positive result, and a statement the policy will be administered in a consistent and nondiscriminatory manner without regard to whether the employee is employed in a management or hourly capacity, ``(2) safeguards established for protecting the privacy of individuals who are subject to testing, including chain custody procedures and the limitations on disclosure of the results of drug tests, ``(3) availability of any drug abuse treatment program, ``(4) penalties that may be imposed for a violation of the anti-drug policy of the employer, and ``(5) procedures under which an applicant or employee shall be given a reasonable opportunity to explain a confirmed positive test result. ``(b) Notice.--An employer shall make a reasonable effort to provide notice of the written anti-drug abuse policy to applicants and employees subject to testing using whatever methods the employer determines to be appropriate. ``SEC. 2703. DRUG-FREE AWARENESS PROGRAM. ``In order for an employer to be permitted to implement or maintain a drug testing program, such employer shall establish, as part of such drug testing program, a drug-free awareness program designed to inform its employees concerning-- ``(1) the dangers of drug abuse, both inside and outside of the workplace, ``(2) the policy of the employer of maintaining a drug-free workplace, ``(3) information as to the existence and availability of counseling, employee assistance, rehabilitation, and other drug abuse treatment programs of which the employer is aware, and ``(4) the penalties that may be imposed on applicants and employees who test positive for the use of a drug, and for the manufacture, distribution, dispensation, possession, or use of a drug in the workplace of the employer. ``SEC. 2704. STANDARDS FOR DRUG TESTING. ``(a) Applicants.--Nothing in this title shall be construed to prohibit an employer from requiring, as a condition of employment, that an applicant submit to and pass a drug test based on criteria established by the employer that is designed to achieve a drug-free workplace. Refusal by an applicant to submit to such a test may be treated in the same manner as a failure to pass a drug test. ``(b) Employees.--Nothing in this title shall be construed to prohibit an employer from requiring an employee to submit to and pass a drug test-- ``(1) where the employer has reasonable suspicion to believe that the employee is using or under the influence of a drug, ``(2) where such test is administered as part of a scheduled medical examination, ``(3) in the case of an accident or incident involving the actual or potential loss of human life, serious bodily injury, or significant property damage, ``(4) during and for a reasonable period of time (not to exceed 5 years) after the completion of a drug abuse treatment program, or ``(5) in the case of sensitive employee positions, work units, locations, or facilities where drug abuse has been identified as a problem, on a random basis. ``(c) Definition.--As used in this title, the term `random' means the selection of individuals for testing based on a nondiscriminatory impartial methods so that no employee is harassed or treated differently from other employees in similar circumstances. ``SEC. 2505. EMPLOYEE PROTECTIONS. ``(a) Prohibitions.--In the case of an applicant or employee, it shall be a violation of this title-- ``(1) for an employer to fail to make reasonable efforts to inform the applicant or employee as to the drug testing policy of the employee, ``(2) for an employer to take any adverse action based on the unconfirmed positive results of a drug test, except as provided in subsection (c), ``(3) for an employer, on the request of an applicant or employee, to fail to provide such applicant or employee with a reasonable opportunity to be informed of a confirmed positive drug test result, and ``(4) for an employer, on the request of an applicant or employee, to fail to provide such applicant or employee with a reasonable opportunity to explain the results of a confirmed positive test result. ``(b) Antiretaliation Prohibition.--It shall be a violation of this title for an employer to take retaliatory action against an employee because of the exercise by the employee of any right granted or protected under this title. ``(c) Exception for Sensitive Employees.--Pending the receipt of the results of a confirmatory drug test, an employer may transfer or reassign an employee in a sensitive position to another area or position without any loss in compensation to such employee if the initial drug test result is positive. If a confirmatory test of such employee is negative, such employee shall be entitled to immediate reinstatement to the position from which such employee has been transferred or reassigned. ``SEC. 2706. CONFIDENTIALITY. ``(a) In General.--An individual, other than the applicant or employee who is the subject of a drug test, shall not disclose information obtained as a result of a drug test, except as provided in subsection (b). ``(b) Permitted Disclosures.--An employer, or individual conducting a drug test on behalf of an employer, may disclose information acquired from a drug test only to-- ``(1) the applicant or employee taking such drug test or any other individual specifically designated in writing by such applicant or employee taking such drug test, ``(2) the employer, including the designated representative of such employer, that requested such test, ``(3) any court, governmental agency, arbitrator, or mediator, in accordance with Federal or State law, and ``(4) appropriate drug abuse treatment providers. ``SEC. 2707. EMPLOYER PRACTICES. ``(a) Safe Workplace.--Nothing in this title shall be construed to prohibit an employer from taking action necessary to ensure a safe workplace. ``(b) Drug-Free Workplace.--Nothing in this title shall be construed to prohibit an employer from taking action necessary, up to and including termination, in the case of applicant or employee-- ``(1) whose drug test result is confirmed positive, ``(2) who refuses to take a drug test authorized under this title, or ``(3) who tampers with or adulterates a drug testing specimen. ``(c) Participation in Drug Abuse Treatment Program.--Nothing in this title shall be construed to prohibit an employer from requiring an employee to participate in, and satisfactorily complete, a drug treatment program as a condition of continued employment where the employee has tested confirmed positive for drugs, has refused to submit to a drug test, or has tampered with or adulterated a drug test specimen. ``(d) Sensitive Position.--Nothing in this title shall be construed to prohibit an employer from refusing to place an employee in, or reinstate such employee, to a sensitive position if such employee has tested confirmed positive for drug use. ``SEC. 2708. DRUG ABUSE TREATMENT PROGRAMS. ``As part of the drug-free awareness program established pursuant to section 2703, employers shall provide information to employees concerning the existence and availability of public and private drug counseling, employee assistance, rehabilitation, and other drug abuse treatment programs of which the employer is aware. ``SEC. 2709. REGULATIONS. ``Not later than 1 year after the date of enactment of this title, the Secretary shall-- ``(1) establish a program for the certification of laboratories for the performance of toxicological urinalysis conducted for drug testing programs as described in this title, and ``(2) issue such other rules and regulations as may be necessary or appropriate to carry out this title. ``SEC. 2710. ENFORCEMENT AND RELIEF. ``(a) Laboratory Certification Standards.--The certification program established pursuant to section 2701(b) shall be enforced in accordance with the procedures and sanctions contained in subsections (g), (h), (i), (j), (k), and (l) of section 353. ``(b) Employee Complaints Charging Unlawful Discharge or Discrimination; Investigation Order.-- ``(1) Complaint.--An employee who believes that such employee has been charged or otherwise discriminated against by an employer in violation of this title may, not later than 30 days after such action occurs, file (or have any individual file on behalf of such employee) a complaint with the Secretary of Labor (hereinafter referred to in this subsection as the `Secretary') alleging that such discharge or discrimination violates this title. On receipt of such complaint, the Secretary shall notify the individual named in the complaint of such filing. ``(2) Investigation and order.-- ``(A) Investigation.--On receipt of a complaint filed under paragraph (1), the Secretary shall conduct an investigation of the violation alleged in such complaint. Not later than 30 days after the receipt of such complaint, the Secretary shall complete such investigation and shall notify in writing the employer (and any individual acting on behalf of the employer) as to the results of such investigation. ``(B) Order.--Not later than 30 days after the completion of such investigation, the Secretary shall, unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement entered into by the Secretary and the employer alleged to have committed such violation, issue an order either providing the relief prescribed in this section or denying the complaint. An order of the Secretary issued under this subparagraph shall be made on the record after notice and opportunity for public hearing. ``(3) Relief.--If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of this title has occurred, the Secretary shall order the employer who committed such violation to provide such suitable relief as the Secretary determines appropriate, including reinstatement, promotion, and the payment of lost wages and benefits. ``(4) Review or order.--An employee or employer adversely affected or aggrieved by an order issued under paragraph (2) may obtain review of such order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred. The petition for review shall be filed not later than 60 days after the issuance of the order of the Secretary under paragraph (2). Review by the Court of Appeals shall conform to chapter 7 of Title 5, United States Code. ``(5) Failure to comply.--If an employee or employer fails to comply with an order issued under paragraph (2), the Secretary may file a civil action in the United States court for the district in which the violation was found to occur to enforce such order. Such court, in issuing any final order under this subsection, may award the costs of litigation (including reasonable attorney and expert witness fees) to the prevailing party. ``(c) Affirmative Defense.--The good faith compliance of an employer with the standards and procedures established under this title shall constitute an affirmative defense against any complaint filed under subsection (b). ``(d) Construction.--Nothing in this title shall be construed to require an employer to establish a drug testing program for applicants or employees or make employment decisions based on such test results. ``SEC. 2711. EFFECT ON OTHER LAWS. ``(a) State Law.--This title shall preempt any State or local law, rule, regulation, order or standard that applies to the drug testing of an applicant or employee, or that relates to any matter addressed under this title. No State or local government shall adopt or enforce any law, rule, regulation, ordinance, standard or order relating to-- ``(1) the certification of laboratories that perform drug testing analysis with respect to such analysis, ``(2) requirements for the conduct of drug testing under the certification program established under this title, ``(3) the conducting of employee or applicant drug testing programs, or ``(4) any other matter relating to this title. ``(b) Other Federal Laws.--Nothing in this title shall be construed to prohibit the Secretary of Transportation or the Nuclear Regulatory Commission from issuing regulations with respect to drug and alcohol testing. ``SEC. 2712. EFFECTIVE DATE. ``This title shall become effective 2 years after the date of enactment of this title, except that the prohibition contained in section 2701(a) shall not take effect less than 1 year after establishment of the certification program required under section 2701(b). ``SEC. 2713. DEFINITIONS. ``As used in this title: ``(1) Applicant.--The term `applicant' means any individual who has submitted an application to an employer, whether written or oral, for employment with such employer. ``(2) Drug.--The term `drug' means any controlled substance listed in Scheduled I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812), alcohol, steroids, and any other drug or medication that can interfere with employment performance. ``(3) Drug abuse treatment program.--The term `drug abuse treatment program' means a program, such as an employee assistance program, designed to assist an individual in dealing with problems caused by drug abuse. ``(4) Drug test.--The term `drug test' means any test procedure used to take and analyze blood, breath, hair, urine or other body fluids or materials for the purpose of detecting the presence or absence of a drug or its metabolites. ``(5) Employee.--The term `employee' means an individual employed by an employer. ``(f) Employer.--The term `employer' means an individual, partnership, corporation, association, or other entity (including the Federal Government), that employs one or more employees, and that is engaged in an industry affecting commerce. ``(g) Sensitive Employee.--The term `sensitive employee' means an individual employed in a position whose duties, as defined by the employer, involve responsibilities affecting such matters as national security, health, or safety, environment, or other responsibilities requiring a high degree of trust and confidence. ``SEC. 2714. PROFESSIONAL ATHLETES. ``For purposes of this title, professional athletes may be treated in the same manner as employees who meet the definition of section 2714(g), except that professional athletes shall not be covered by section 2706(a).''.

Quality Assurance in Drug Testing Act - Amends the Public Health Service Act to prohibit performing toxicological analysis in connection with a drug testing program unless the laboratory performing the analysis is certified under this Act. Directs the Secretary of Health and Human Services to establish a program for certifying laboratories for performing drug tests. Requires an employer, as a condition of maintaining a drug testing program, to establish a written anti-drug abuse policy and a drug-free awareness program. Declares that nothing in this Act prohibits an employer from requiring a drug test of applicants and, in certain circumstances, employees. Sets forth certain employee protections. Declares that nothing in this Act prohibits an employer from taking action necessary, including termination, in certain circumstances. Sets forth procedures for employee complaints of unlawful discharge or discrimination.

Quality Assurance in Drug Testing Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Travel Related Industries Protection Act of 2003''. SEC. 2. SUSPENSION OF EXCISE TAX ON AVIATION FUEL USED IN COMMERCIAL AVIATION. (a) In General.--Tax imposed under section 4091 of the Internal Revenue Code of 1986 by reason of section 4092(b)(2) of such Code shall be zero during the suspension period. (b) Definitions.--For purposes of this Act-- (1) Suspension period.--The term `suspension period' means the period beginning on the tax suspension date and ending on the suspension termination date. (2) Tax suspension date.--The term `tax suspension date' means the date of the enactment of this Act. (3) Suspension termination date.--The term `suspension termination date' means the date which is two years after the date of the enactment of this Act. SEC. 3. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax suspension date, tax has been imposed under section 4091 of the Internal Revenue Code of 1986 by reason of section 4092(b)(2) of such Code on any liquid, and (2) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the tax paid by the taxpayer. (b) Time For Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax suspension date, and (2) in any case where liquid is held by a dealer (other than the taxpayer) on the tax suspension date-- (A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after the tax suspension date, and (B) the taxpayer files with the Secretary-- (i) a certification that the taxpayer has given, subsequent to receipt of the request for refund or credit from such dealer under subparagraph (A), a credit to such dealer with respect to such liquid against a purchase by the dealer of liquid from the taxpayer, and (ii) a certification by such dealer that such dealer has given, subsequent to the tax suspension date, a credit to a succeeding dealer (if any) with respect to such liquid against a purchase by the succeeding dealer of liquid from such dealer. (c) Reasonableness of Claims Certified.--Any certification made under subsection (b)(2)(B) shall include an additional certification that the claim for credit was reasonably based on the taxpayer's or dealer's past business relationship with the succeeding dealer. (d) Definitions.--For purposes of this section-- (1) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (2) the term ``tax suspension date'' means the date which is the 7th day after the date of the enactment of this Act. (e) Certain Rules To Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 4. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any liquid subject to tax under section 4091 of the Internal Revenue Code of 1986 by reason of section 4092(b)(2) of such Code and on which such tax would have been imposed but for section 2, and which is held on the suspension termination date, by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such liquid had the taxable event occurred on such date over the tax previously paid (if any) on such liquid. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on the suspension termination date, to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before 45 days after the suspension termination date. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Other Law Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by sections 4091 and 4092 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such sections.

Travel Related Industries Protection Act of 2003 - Amends the Internal Revenue Code to suspend, for two years, the excise tax aviation fuel.

To suspend the excise tax on aviation fuel used in commercial aviation during the period of hostilities with Iraq.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caribbean Amnesty and Relief Act''. TITLE I--CLARIFICATION OF ELIGIBILITY FOR RELIEF FROM REMOVAL AND DEPORTATION FOR CERTAIN ALIENS SEC. 101. ADJUSTMENT OF STATUS OF CERTAIN CARIBBEANS. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before April 1, 2003; and (B) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A) and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such an order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided by subsection (a) shall apply to any alien who is a national of countries of the Caribbean and who has been physically present in the United States for a continuous period, beginning not later than September 30, 1996 and ending earlier than the date the application for adjustment under such subsection is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (2) Proof of commencement of continuous presence.--For purposes of establishing that the period of continuous physical presence referred to in paragraph (1) commenced not later than September 30, 1996, an alien-- (A) shall demonstrate that the alien, prior to September 30, 1996 performed service, or engaged in a trade or business, within the United States; or (B) shall make such other demonstration of physical presence as the Attorney General may provide for by regulation. (c) Stay of Removal; Work Authorization.-- (1) In general.--The Attorney General shall provide by regulation for an alien subject to a final order of deportation or removal to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such an Act and has applied for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorization'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d) Adjustment of Status for Status for Spouses and Children.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is a national of a Caribbean country; (B) the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for a continuous period, beginning not later than December 1, 1995, and ending not earlier than the date the application for adjustment is filed; (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; (D) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply; and (E) applies for such adjustment before April 1, 2003. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien-- (A) shall demonstrate that such period commenced not later than December 1, 1995, in a manner consistent with subsection (b)(2); and (B) shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period in the aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of the State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible. TITLE II--VISA FAIRNESS COMMISSION SEC. 201. ESTABLISHMENT. There is established in the Immigration and Naturalization Service a commission to be known as the Visa Fairness Commission (hereafter in this title referred to as the ``Commission''.) SEC. 202. DUTIES. (a) Data Collection.--The Commission, in consultation with the Director of the Immigration and Naturalization Service, shall gather empirical data on economic and racial profiling by the Consular Affairs office in American embassies and by Customs and immigration inspectors at US points of entry. In carrying out the preceding sentence, the Commission and the Director shall, to the extent practicable, avoid duplication of administration efforts. (b) In General.--Section 376 of the Immigration and Nationality Act (8 U.S.C. 1351) is amended by adding in subsection (a) the following: ``(3) Fee waiver--The Secretary of State shall waive the visa fee for those who can prove in forma pauperis status.''. SEC. 203. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members appointed by the Director of the INS. Members on the Commission shall be broadly representative of the ethnic, religious, majority and minority groups comprising the United States. (b) Waiver of Limitation on Executive Schedule Positions.-- Appointments may be made under this section without regard to section 5311(b) of title 5, United States Code. (c) Political Affiliation.--Not more than 8 members appointed maybe of the same political party. (d) Terms.-- (1) In general.--Each member shall be appointed for a term of two years, except as provided. (e) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), member shall serve without pay. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their services on the Commission. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Quorum.--Eight members of the Commission shall constitute a quorum but a lesser number may hold hearings. (h) Chairman; Vice Chairman.--The Chairman and Vice Chairman of the Commission shall be designated by the Director of the INS at the time of the appointment. (i) Meetings.--The Commission shall meet at the call of the Chairman or a majority of its members. SEC. 204. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, have a Director who shall be appointed by the Commission. The Director shall be paid at a rate not to exceed the rate of basic pay payable for level V of the Executive Schedule. (b) Staff.--Subject to rules prescribed by the Commission, and without regard to section 5311(b) of title 5, United States Code, the Director may appoint additional personnel as the Director considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission shall be appointed subject to the provisions of title 5, United State 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. (d) Experts and Consultants.--Subject to rules prescribed by the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the rate basic pay payable for level V of the Executive Schedule. (e) Staff of Federal Agencies.--Upon request of the Director, 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. 205. 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 department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman or Vice Chairman of the Commission, the head of the department or agency shall furnish that information to the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Chairman. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) 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 the Act. (g) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a 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. (4) Service of process.--All process of any court to which application is be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (h) Immunity.--Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self- incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing about which that person is compelled to testify or relating to which that person is compelled to produce evidence, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. (i) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for property and services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 206. ANNUAL REPORTS. The Commission shall transmit an annual report to the Director of the INS and the Congress not later than December 31 of each year. Each such report shall contain a detailed statement of activities of the Commission during the fiscal year ending in the year in which such report is required to be submitted. SEC. 207. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to complete the study. TITLE III--ELIGIBILITY FOR ADJUSTMENT OF STATUS SEC. 301. REMOVAL OF CERTAIN LIMITATIONS ON ELIGIBILITY FOR ADJUSTMENT OF STATUS UNDER SECTION 245(I). Section 245(i) of the Immigration and Nationality Act (8 U.S.C. 1255(i)) is amended-- (1) in paragraph (1), by striking ``(i)(1)'' through ``to that of an alien lawfully admitted for permanent residence.'' and inserting the following: ``(i)(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States who-- ``(A) entered the United States without inspection; or ``(B) is within one of the classes enumerated in subsection (c) of this section; may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence.''; and (2) in paragraph (3)(B), by striking ``, except that'' through ``286(m)''.

Caribbean Amnesty and Relief Act - Provides for the adjustment to permanent resident status of certain Caribbean country nationals (and spouses and children) who have maintained continuous physical presence in the United States since at least September 30, 1996.Establishes in the Immigration and Naturalization Service the Visa Fairness Commission, which shall gather data on economic and racial profiling by embassy Consular Affairs offices and by Customs and immigration inspectors at U.S. ports of entry.Amends the Immigration and Nationality Act to eliminate specified classification petition or labor certification requirements for certain aliens present in the United States who entered without inspection, accepted unauthorized employment, or are in unlawful status who wish to adjust to permanent resident status.

To amend the Immigration and Nationality Act in regard to Caribbean-born immigrants.

SECTION 1. DISPOSITION OF WEAPONS-USABLE PLUTONIUM AT THE SAVANNAH RIVER SITE, AIKEN, SOUTH CAROLINA. (a) Findings.--Congress finds the following: (1) In September 2000, the United States and the Russian Federation signed a Plutonium Management and Disposition Agreement by which each agreed to dispose of 34 metric tons of weapons-grade plutonium. (2) The agreement with Russia is a significant step toward safeguarding nuclear materials and preventing their diversion to rogue states and terrorists. (3) The Department of Energy plans to dispose of 34 metric tons of weapons-grade plutonium of the United States before the end of 2019 by converting the plutonium to a mixed-oxide fuel to be used in commercial nuclear power reactors. (4) The Department has formulated a plan for implementing the agreement with Russia through construction of a mixed-oxide fuel fabrication facility and a pit disassembly and conversion facility at the Savannah River Site. (5) The United States and the State of South Carolina have a compelling interest in the safe, proper, and efficient operation of the plutonium disposition facilities at the Savannah River Site. The MOX facility will also be economically beneficial to the State of South Carolina, and that economic benefit will not be fully realized unless the MOX facility is built. The State of South Carolina therefore desires to ensure that all plutonium transferred to the State of South Carolina is stored safely; that the full benefits of the MOX facility are realized as soon as possible; and, specifically, that all defense plutonium or defense plutonium materials transferred to the Savannah River Site either be processed or be removed expeditiously. (b) Plan Required.-- (1) Not later than February 1, 2003, the Secretary of Energy shall submit to Congress a plan for the construction and operation of the MOX facility. The plan shall include a schedule for construction and operations so as to achieve, as of January 1, 2009, the MOX production objective and to produce one metric ton of mixed-oxide fuel by December 31, 2009. The plan shall also include a schedule of operations designed so that 34 metric tons of defense plutonium and defense plutonium materials at the Savannah River Site will be processed into mixed-oxide fuel by January 1, 2019. (2) Not later than February 15 of each year beginning in 2004 and continuing for as long as the MOX facility is in use, the Secretary shall submit to Congress a report on the implementation of the plan required by paragraph (1). Each such report shall include an assessment of compliance with the schedule referred to in paragraph (1) and a certification by the Secretary that the MOX production objective can be met by January 1, 2009. (3) For years after 2009, each such report shall address whether the MOX production objective has been met and shall report progress toward meeting the obligations of the United States under the United States Plutonium Management and Disposition Agreement dated September 2000. (4) For years after 2017, each such report shall also include an assessment of compliance with the MOX production objective and, if not in compliance, the plan of the Secretary for achieving one of the following: (A) Compliance with such objective. (B) Removal of all remaining defense plutonium and defense plutonium materials from the State of South Carolina. (c) Corrective Actions.-- (1) If any report under subsection (b)(2) for a year after 2003 indicates that construction or operation at the MOX facility is behind, by 12 months or more, the schedule required by subsection (b)(1), the Secretary shall submit to Congress, not later than August 15 of the same year, a plan for corrective actions to be implemented by the Secretary to ensure that the project is capable of meeting the MOX production objective by January 1, 2009. For years after 2009, such plan shall include corrective actions to be implemented by the Secretary to ensure that the MOX production objective is met. The plan for corrective actions shall establish milestones for achieving such compliance with that objective. (2) If, by reason of a failure to achieve milestones set forth in the corrective action plan referred to in paragraph (1), there is a substantial and material risk that the MOX production objective will not be achieved by 2009, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until such risk is addressed and the Secretary certifies that the MOX production objective can be met by 2009. After January 1, 2009, if, by reason of a failure to achieve milestones set forth in the corrective action plan referred to in paragraph (1), the MOX production objective has not been achieved, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until the Secretary certifies that the MOX production objective can be met. (3) Upon a suspension of transfers under paragraph (2), the Secretary shall submit to Congress a report on the options for removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of such plutonium or plutonium materials transferred to the State of South Carolina after April 15, 2002. The report shall include an analysis of each such option, including costs, schedules, and any implications relating to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (hereinafter referred to as ``NEPA''). Upon submission of the report, the Secretary shall commence any NEPA analysis that may be required to select among the options analyzed. (d) Limitation.--If the MOX production objective is not achieved as of January 1, 2009, the Secretary shall, consistent with NEPA and other governing laws, remove from the State of South Carolina, for storage or disposal elsewhere-- (1) not later than January 1, 2011, not less than one metric ton of defense plutonium or defense plutonium materials; and (2) not later than January 1, 2017, an amount of defense plutonium or defense plutonium materials equal to the amount of such plutonium or plutonium materials transferred to the Savannah River Site between April 15, 2002, and January 1, 2017, but not processed by the MOX facility. (e) Economic/Impact Assistance.-- (1) If the MOX production objective is not achieved as of January 1, 2011, the Secretary shall, from funds available to the Secretary, pay economic/impact assistance to the State of South Carolina in the amount of $1,000,000 per day, not to exceed $100,000,000 per calendar year, until the MOX production objective is achieved or until the Secretary has removed at least one metric ton of defense plutonium or defense plutonium materials from South Carolina. (2) If, as of January 1, 2017, the MOX facility has not processed mixed-oxide fuel from defense plutonium and defense plutonium materials in the amount of not less than-- (A) one metric ton, in each of any two consecutive calendar years; and (B) three metric tons total, the Secretary shall, from funds available to the Secretary, pay economic/impact assistance to the State of South Carolina in the amount of $1,000,000 per day, not to exceed $100,000,000 per calendar year, until an amount of defense plutonium or defense plutonium material equal to the amount of such defense plutonium or defense plutonium materials transferred to the Savannah River Site between April 15, 2002, and January 1, 2017, but not processed by the MOX facility has been removed from the State of South Carolina. Nothing in this paragraph extinguishes other legal obligations set forth in this section. (3) If the State of South Carolina obtains an injunction that prohibits the Department of Energy from taking any action necessary for it to meet any deadline specified by this section, that deadline shall be extended for a period of time equal to the period of time during which the injunction is in effect. (f) Failure To Complete Planned Disposition Program.--For each year beginning with 2020 and continuing for as long as the MOX facility is in use, if on July 1 of that year less than 34 metric tons of defense plutonium and defense plutonium materials have been processed by the MOX facility, the Secretary shall submit to Congress a plan for either-- (1) completing the processing of 34 metric tons of defense plutonium and defense plutonium materials; or (2) removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of such plutonium or plutonium materials transferred to the Savannah River Site after April 15, 2002, but not processed by the MOX facility. (g) Removal of Mixed-Oxide Fuel Upon Completion of Operations of the MOX Facility.--If, one year after the date on which operation of the MOX facility permanently ceases, any mixed-oxide fuel remains at the Savannah River Site, the Secretary shall submit to Congress either-- (1) a report on when such fuel will be transferred for use in commercial nuclear reactors; or (2) a plan for removing such fuel from the State of South Carolina. (h) MOX Production Objective Defined.--In this section, the term ``MOX production objective'' means production at the MOX facility of mixed-oxide fuel from defense plutonium and defense plutonium materials at an average rate equivalent to not less than one metric ton of mixed- oxide fuel per year. The average rate shall be determined by measuring production at the MOX facility from the date the facility is declared operational to the Nuclear Regulatory Commission through the date of assessment. (i) MOX Facility Defined.--In this section, the term ``MOX facility'' means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina. (j) Defense Plutonium and Defense Plutonium Materials Defined.--In this section, the term ``defense plutonium or defense plutonium materials'' means weapons-usable plutonium. (k) Defense Nuclear Facilities Safety Board Study.-- (1) The Defense Nuclear Facilities Safety Board shall conduct a study of the adequacy of the K-Area Materials Storage facility (KAMS) at the Savannah River Site for storage of defense plutonium and defense plutonium materials in connection with the disposition program provided in this section and in the Department of Energy's amended Record of Decision for fissile materials disposition. Not later than one year after the date of the enactment of this Act, the Defense Nuclear Facilities Safety Board shall submit to Congress and the Secretary of Energy a report on the study. The report shall-- (A) at a minimum, address-- (i) the suitability of KAMS and related support facilities for monitoring and observing any such plutonium and plutonium materials stored in KAMS; (ii) the adequacy of the provisions the Department has made for remote monitoring of such plutonium and plutonium materials by way of sensors and for handling of retrieval of such plutonium and plutonium materials; and (iii) the adequacy of KAMS should such plutonium and plutonium materials continue to be stored there beyond 2019; and (B) contain such recommendations as the Board considers necessary or desirable to enhance the safety, reliability, and functionality of KAMS. (2) Not later than six months after the date on which the report under paragraph (1) is submitted to Congress, and every one year thereafter, the Secretary and the Board shall each submit to Congress a report on the Secretary's action with respect to the recommendations.

Directs the Secretary of Energy to submit to Congress a plan for the construction and operation of a mixed-oxide fuel fabrication facility (for converting plutonium to a fuel for use in commercial nuclear power reactors) at the Savannah River Site, South Carolina. Requires annual reports on plan implementation and on progress in meeting obligations of the United States Plutonium Management and Disposition Agreement of September 2000. Requires appropriate corrective actions to be taken to meet plan requirements.Requires the Defense Nuclear Facilities Safety Board to conduct a study of the adequacy of the K-Area Materials Storage Facility at the Savannah River Site for the storage of defense plutonium and related materials in connection with a specified plutonium disposition program.

To provide for the disposition of weapons-usable plutonium at the Savannah River Site, Aiken, South Carolina.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Parks Overflights Act of 1997''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Plan.--The term ``plan'' means the final plan prepared under section 3(c)(1). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. NATIONAL PARKS OVERFLIGHTS. (a) Findings.--Congress finds that-- (1) noise associated with aircraft overflights at a national park can cause a significant adverse effect on the natural quiet and experience of the park; and (2) aircraft operations in a national park can raise serious concerns regarding public safety, including concerns regarding the safety of park users. (b) Recommendations.-- (1) Submission.--Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to the Administrator recommendations regarding actions necessary-- (A) to protect public health and safety from adverse effects associated with aircraft overflights at any national park; (B) to protect the resources of any national park experiencing an adverse impact associated with noise from aircraft overflights; (C) to preserve natural quiet at any national park where natural quiet is a part of the park's natural resources and experience; and (D) to prevent resource impairment from noise associated with overflights at any national park. (2) Restoration or preservation of quiet.--The recommendations shall provide for-- (A) protection of public health and safety from adverse affects associated with aircraft overflights; and (B) substantial restoration of the natural quiet or substantial preservation of the natural quiet and experience of the park. (3) Flight-free zones, flight restrictions, and flight bans.-- (A) In general.--The recommendations shall include proposals for flight-free zones, for appropriate flight restrictions, or for banning flights within certain national parks as necessary to meet the goals of paragraph (2). (B) Administration and emergency operations.-- Flight-free zones and flight bans shall provide for flight free areas over a national park, except for purposes of administration, emergency operations, and operations required for transportation of persons and supplies to and from Indian reservations adjacent to any affected national park. (C) Military and other public operations.--The recommendations may exempt noncommercial general aviation, military, and other public operations from proposed flight-free zones, flight restrictions, or proposals banning flights within a park. (D) Flight restrictions.--Flight restrictions, including curfews and limitations on the number of flights in a park may be contained in proposed regulations if necessary to preserve, protect, or restore the natural quiet and experience of the park. (E) Commercial air tours.--Flight bans shall prevent commercial air tours in a park if necessary to preserve, protect, or restore the natural quiet and experience of the park. (4) Prioritization of parks for implementation of recommendations.--The recommendations shall include a proposal for prioritizing the scheduled implementation of plans regulating overflights in the national parks based on the resource impairment-- (A) caused by overflights in the national parks; or (B) threatened by the introduction or increase of overflights in the national parks. (5) Flight altitudes.--The Administrator, after consultation with the Secretary, may-- (A) establish minimum flight altitudes to include in the recommendations; and (B) prohibit overflights below such minimum altitudes in any national park as necessary to meet the requirements of paragraph (2). (6) Quiet aircraft technology.--The recommendations shall include a joint proposal by the Secretary and the Administrator that-- (A) provides incentives for the use of quiet aircraft technology within a national park; (B) creates a schedule for any commercial air tour operator operating within a national park to convert the operator's fleet to quiet aircraft; (C) promotes other appropriate steps to encourage use of quiet aircraft within a national park; or (D) explains why implementation of subparagraphs (A), (B), and (C) is not necessary or appropriate to meet the requirements of paragraph (2). (c) Implementation.-- (1) Preparation of plan.--Not later than 90 days after receipt of recommendations under subsection (b) and after notice and opportunity for hearing, the Administrator shall prepare and issue a final plan for the management of air traffic in the airspace above any national park-- (A) experiencing an adverse impact associated with noise from aircraft overflights; or (B) for which the Secretary determines that air tours need to be regulated in order to prevent resource impairment from overflights. (2) Review of recommendations.-- (A) In general.--The plan shall provide for implementation of the recommendations of the Secretary without change, unless the Administrator determines that implementing the recommendations without change would adversely affect aviation safety. (B) Review of recommendations.--If the Administrator determines that implementing the recommendations would adversely affect aviation safety, the Administrator shall, not later than 60 days after making the determination, in consultation with the Secretary and after notice and opportunity for hearing-- (i) revise the recommendations consistent with the requirements of subsection (b) to eliminate the adverse effects on aviation safety; and (ii) issue regulations implementing the revised recommendations in the plan. (d) Enforcement.-- (1) Administrator.--The Administrator shall enforce the plan in accordance with the subtitle VII of title 49, United States Code. (2) Secretary.--The Secretary may enforce appropriate requirements of the plan in accordance with regulations applicable to the National Parks System. (e) Report.-- (1) In general.--Not later than 2 years after the effective date of the plan, the Secretary shall submit to Congress a report on-- (A) the success of the plan in restoring the natural quiet in the national parks; and (B) such other matters, including possible revisions in the plan, as may be of interest to Congress. (2) Comments by the administrator.--The report shall include comments by the Administrator regarding any effect on aircraft safety resulting from implementation of the plan.

National Parks Overflights Act of 1997 - Directs the Secretary of the Interior to submit to the Administrator of the Federal Aviation Administration recommendations (including a joint proposal for incentives for the use of quiet aircraft technology and a schedule for commercial air tour fleet conversion to such technology) for actions necessary to protect public health and safety and natural resources from adverse effects associated with aircraft overflights at national parks. Authorizes the Administrator to: (1) establish minimum flight altitudes to include in the recommendations; and (2) prohibit overflights below such minimum altitudes in any national park to restore or preserve quiet. Directs the Administrator, after receipt of recommendations and notice and opportunity for hearing, to issue a final plan for the management of air traffic over national parks: (1) experiencing adverse impacts associated with noise from aircraft overflights; or (2) for which air tours need to be regulated in order to prevent resource impairment from overflights.

National Parks Overflights Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Innovation Research and Technology Transfer Inclusive Outreach Improvement Act of 2016''. SEC. 2. SBA COORDINATION ON INCREASING OUTREACH FOR WOMEN AND MINORITY- OWNED BUSINESSES. Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) is amended-- (1) in paragraph (8), by striking ``and'' at the end; (2) in paragraph (9), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(10) to coordinate with participating agencies on efforts to increase outreach and awards under each of the SBIR and STTR programs to small business concerns owned and controlled by women and socially and economically disadvantaged small business concerns, as defined in section 8(a)(4).''. SEC. 3. FEDERAL AGENCY OUTREACH REQUIREMENTS FOR WOMEN AND MINORITY- OWNED BUSINESSES. Section 9 of the Small Business Act (15 U.S.C. 638) is amended-- (1) in subsection (g)-- (A) in paragraph (11), by striking ``and'' at the end; (B) in paragraph (12), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(13) implement an outreach program to small business concerns for the purpose of enhancing its SBIR program, under which the Federal agency shall-- ``(A) provide outreach to small business concerns owned and controlled by women and socially and economically disadvantaged small business concerns, as defined in section 8(a)(4); and ``(B) establish goals for outreach by the Federal agency to the small business concerns described in subparagraph (A).''; and (2) in subsection (o)(14), by striking ``SBIR program;'' and inserting ``SBIR program, under which the Federal agency shall-- ``(A) provide outreach to small business concerns owned and controlled by women and socially and economically disadvantaged small business concerns, as defined in section 8(a)(4); and ``(B) establish goals for outreach by the Federal agency to the small business concerns described in subparagraph (A).''. SEC. 4. STTR POLICY DIRECTIVE MODIFICATION. Section 9(p) of the Small Business Act (15 U.S.C. 638(p)) is amended by adding at the end the following: ``(4) Additional modifications.--Not later than 120 days after the date of enactment of this paragraph, the Administrator shall modify the policy directive issued pursuant to this subsection to provide for enhanced outreach efforts to increase the participation of small business concerns owned and controlled by women and socially and economically disadvantaged small business concerns, as defined in section 8(a)(4), in technological innovation and in STTR programs.''. SEC. 5. INTERAGENCY SBIR/STTR POLICY COMMITTEE. Section 5124 of the SBIR/STTR Reauthorization Act of 2011 (Public Law 112-81; 125 Stat. 1837) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Meetings.-- ``(1) In general.--The Interagency SBIR/STTR Policy Committee shall meet not less than twice per year to carry out the duties under subsection (c). ``(2) Outreach and technical assistance activities.--If the Interagency SBIR/STTR Policy Committee meets to discuss outreach and technical assistance activities to increase the participation of small business concerns that are underrepresented in the SBIR and STTR programs, the Committee shall invite to the meeting-- ``(A) a representative of the Minority Business Development Agency; and ``(B) relevant stakeholders that work to advance the interests of-- ``(i) small business concerns owned and controlled by women, as defined in section 3 of the Small Business Act (15 U.S.C. 632); and ``(ii) socially and economically disadvantaged small business concerns, as defined in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)).''. SEC. 6. DIVERSITY AND STEM WORKFORCE DEVELOPMENT PILOT PROGRAM. (a) Definitions.--In this section-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``covered STEM intern'' means a student at, or recent graduate from, an institution of higher education serving as an intern-- (A) whose course of study studied is focused on the STEM fields; and (B) who is a woman or a person from an underrepresented population in the STEM fields; (3) the term ``eligible entity'' means a small business concern that-- (A) is receiving amounts under an award under the SBIR program or the STTR program of a Federal agency on the date on which the Federal agency awards a grant to the small business concern under subsection (b); and (B) provides internships for covered STEM interns; (4) the terms ``Federal agency'', ``SBIR'', and ``STTR'' have the meanings given those terms under section 9(e) of the Small Business Act (15 U.S.C. 638(e)); (5) the term ``institution of higher education'' has the meaning given the term under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); (6) the term ``person from an underrepresented population in the STEM fields'' means a person from a group that is underrepresented in the population of STEM students, as determined by the Administrator; (7) the term ``pilot program'' means the Diversity and STEM Workforce Development Pilot Program established under subsection (b); (8) the term ``recent graduate'', relating to a woman or a person from an underrepresented population in the STEM fields, means that the woman or person from an underrepresented population in the STEM fields earned an associate degree, baccalaureate degree, or postbaccalaureate from an institution of higher education during the 1-year period beginning on the date of the internship; (9) the term ``small business concern'' has the meaning given the term under section 3 of the Small Business Act (15 U.S.C. 632); and (10) the term ``STEM fields'' means the fields of science, technology, engineering, and math. (b) Pilot Program for Internships for Women and People From Underrepresented Populations.--The Administrator shall establish a Diversity and STEM Workforce Development Pilot Program to encourage the business community to provide workforce development opportunities for covered STEM interns, under which a Federal agency participating in the SBIR program or STTR program may make a grant to one or more eligible entities for the costs of internships for covered STEM interns. (c) Amount and Use of Grants.-- (1) Amount.--A grant under subsection (b)-- (A) may not be in an amount of more than $15,000 per fiscal year; and (B) shall be in addition to the amount of the award to the recipient under the SBIR program or the STTR program. (2) Use.--Not less than 90 percent of the amount of a grant under subsection (b) shall be used by the eligible entity to provide stipends or other similar payments to interns. (d) Evaluation.--Not later than January 31 of the first calendar year after the third fiscal year during which the Administrator carries out the pilot program, the Administrator shall submit to Congress-- (1) data on the results of the pilot program, such as the number and demographics of the covered STEM interns participating in an internship funded under the pilot program and the amount spent on such internships; and (2) an assessment of whether the pilot program helped the SBIR program and STTR program achieve the congressional objective of fostering and encouraging the participation of women and persons from underrepresented populations in the STEM fields. (e) Termination.--The pilot program shall terminate after the end of the fourth fiscal year during which the Administrator carries out the pilot program. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the pilot program.

Small Business Innovation Research and Technology Transfer Inclusive Outreach Improvement Act of 2016 This bill amends the Small Business Act to empower the Small Business Administration (SBA) to coordinate with participating federal agencies on efforts to increase outreach and awards under each of the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs to small business concerns owned and controlled by women and socially and economically disadvantaged small business concerns. Each federal agency required to establish an SBIR or an STTR program shall enhance its program by extending an outreach program to small business concerns, especially those owned and controlled by women and socially and economically disadvantaged small business concerns. The SBA shall modify its STTR policy directive to enhance these outreach efforts. The SBIR/STTR Reauthorization Act of 2011 is amended to require the Interagency SBIR/STTR Policy Committee to meet at least twice a year, and if it discusses outreach and technical assistance activities to increase the participation of underrepresented small business concerns to invite to the meeting a representative of the Minority Business Development Agency as well as relevant stakeholders that advance the interests of small business concerns owned and controlled by women and socially and economically disadvantaged small business concerns. The SBA shall establish a Diversity and STEM Workforce Development Pilot Program under which a federal agency participating in the SBIR program or STTR program may make a $15,000 per fiscal year grant to one or more eligible entities for the costs of science, technology, engineering, and mathematics internships.

Small Business Innovation Research and Technology Transfer Inclusive Outreach Improvement Act of 2016

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Tax Relief Guarantee Act of 2004''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. REPEAL OF SUNSET OF THE ECONOMIC GROWTH AND TAX RELIEF RECONCILIATION ACT OF 2001. Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 is hereby repealed. SEC. 3. REPEAL OF SCHEDULED REDUCTIONS IN TAX BENEFITS PROVIDED BY THE JOBS AND GROWTH TAX RELIEF RECONCILIATION ACT OF 2003. (a) Child Tax Credit.--Subsection (a) of section 24 (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) (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) is amended by striking ``(2)(D)'' each place it occurs and inserting ``(2)(C)''. (B) Section 63(c) is amended by striking paragraph (7). (c) Marriage Penalty Relief in 15-Percent Income Tax Bracket.-- Paragraph (8) of section 1(f) 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) 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) 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) Permanent Reduction in Capital Gains Rates for Individuals and in Taxation of Dividends.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is hereby repealed. (f) Expensing Under Section 179.-- (1) Paragraph (1) of section 179(b) is amended by striking ``$25,000 ($100,000 in the case of taxable years beginning after 2002 and before 2006)'' and inserting ``$100,000''. (2) Paragraph (2) of section 179(b) is amended by striking ``$200,000 ($400,000 in the case of taxable years beginning after 2002 and before 2006)'' and inserting ``$400,000''. (g) Bonus Depreciation.-- (1) In general.--So much of section 168(k) as precedes paragraph (2) is amended to read as follows: ``(k) Special Allowance for Certain Property Acquired After May 5, 2003.-- ``(1) Additional allowance.--In the case of any qualified property-- ``(A) the depreciation deduction provided by section 167(a) for the taxable year in which such property is placed in service shall include an allowance equal to 50 percent of the adjusted basis of the qualified property, and ``(B) the adjusted basis of the qualified property shall be reduced by the amount of such deduction before computing the amount otherwise allowable as a depreciation deduction under this chapter for such taxable year and any subsequent taxable year.'' (2) Conforming amendments.-- (A) Subparagraph (A) of section 168(k)(2) is amended by striking clauses (ii), (iii), and (iv) and inserting the following new clauses: ``(ii) the original use of which commences with the taxpayer after May 5, 2003, and ``(iii) which is acquired by the taxpayer after May 5, 2003, but only if no written binding contract for the acquisition was in effect before May 6, 2003.'' (B) Paragraph (2) of section 168(k) is amended by striking subparagraph (B) and by redesignating subparagraphs (C), (D), (E), and (F) as subparagraphs (B), (C), (D), and (E), respectively. (C) Clause (i) of section 168(k)(2)(C), as so redesignated, is amended by striking ``after September 10, 2001, and before January 1, 2005'' and inserting ``after May 5, 2003''. (D) Clause (ii) of section 168(k)(2)(C), as so redesignated, is amended by striking ``September 10, 2001'' and inserting ``May 5, 2003''. (E) Clause (i) of section 168(k)(2)(D), as so redesignated, is amended by striking ``$4,600'' and inserting ``$7,650''. (F) Paragraph (4) of section 168(k) is amended to read as follows: ``(4) Election of 30-percent bonus deprecation.--If a taxpayer makes an election under this subparagraph with respect to any class of property for any taxable year-- ``(A) paragraph (1)(A) shall be applied by substituting `30 percent' for `50 percent' with respect to all property in such class placed in service during such taxable year, and ``(B) subparagraph (E)(i) shall be applied by substituting `$4,600' for `$7,650' with respect to automobiles (if any) which are part of such class.'' (h) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2004. (2) Bonus depreciation.--The amendments made by subsection (g) shall apply to property placed in service after May 5, 2003, in taxable years ending after such date.

Tax Relief Guarantee Act of 2004 - Repeals the current termination date (December 31, 2010) of the Economic Growth and Tax Relief Reconciliation Act of 2001. Amends the Internal Revenue Code to repeal: (1) the reductions in the amount of the child income tax credit scheduled for taxable years 2005 through 2009 and to set the amount of such credit at $1,000 for all taxable years after 2004; (2) the reductions in the basic standard deduction percentage for married couples filing joint tax returns scheduled for taxable years 2005 through 2008; (3) the reductions in the percentage applicable to the maximum taxable income in the 15 percent tax bracket for married couples filing joint tax returns scheduled for taxable years 2005 through 2007; and (4) the reduction in the income threshold amount for ten percent income tax rate eligibility scheduled for taxable years 2005 through 2007. Repeals the current termination date (December 31, 2008) of provisions in the Jobs and Growth Tax Relief Reconciliation Act of 2003 reducing capital gains tax rates and allowing the taxation of dividends at capital gain tax rates. Amends the Internal Revenue Code to: (1) set the dollar limitation for the expense deduction for depreciable business assets at $100,000 for all taxable years after 2004 and to permanently increase to $400,000 the threshold amount for determining reductions in the dollar limitation of such deduction; (2) increase the percentage of the additional depreciation allowance for property acquired after May 5, 2003, from 30 to 50 percent.

To amend the Internal Revenue Code of 1986 to repeal the sunset of the Economic Growth and Tax Relief Reconciliation Act of 2001 and to repeal scheduled reductions in tax benefits provided by the Jobs and Growth Tax Relief Reconciliation Act of 2003.

SECTION 1. SHORT TITLE. This Act shall be cited as the ``Renewable Energy and Energy Efficiency Stimulus Act of 2006''. TITLE I--ENERGY TAX INCENTIVES Subtitle A--Energy Infrastructure Tax Incentives SEC. 101. EXTENSION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES. Section 45(d) of the Internal Revenue Code of 1986 (relating to qualified facilities) is amended by striking ``2008'' each place it appears and inserting ``2011''. SEC. 102. EXTENSION AND EXPANSION OF CREDIT TO HOLDERS OF CLEAN RENEWABLE ENERGY BONDS. (a) In General.--Section 54(m) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2007'' and inserting ``2010''. (b) Annual Volume Cap for Bonds Issued During Extension Period.-- Paragraph (1) of section 54(f) of the Internal Revenue Code of 1986 (relating to limitation on amount of bonds designated) is amended to read as follows: ``(1) National limitation.-- ``(A) Initial national limitation.--With respect to bonds issued after December 31, 2005, and before January 1, 2008, there is a national clean renewable energy bond limitation of $800,000,000. ``(B) Annual national limitation.--With respect to bonds issued after December 31, 2007, and before January 1, 2011, there is a national clean renewable energy bond limitation for each calendar year of $800,000,000.''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. Subtitle B--Conservation and Energy Efficiency Provisions SEC. 111. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION. Section 179D(h) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2007'' and inserting ``2010''. SEC. 112. EXTENSION OF NEW ENERGY EFFICIENT HOME CREDIT. (a) In General.--Subsection (g) of section 45L of the Internal Revenue Code of 1986 (relating to new energy efficient home credit) is amended to read as follows: ``(g) Termination.--This section shall not apply to-- ``(1) any qualified new energy efficient home meeting the energy saving requirements of subsection (c)(1) acquired after December 31, 2010, and ``(2) any qualified new energy efficient home meeting the energy saving requirements of paragraph (2) or (3) of subsection (c) acquired after December 31, 2007.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the amendments made by section 1332 of the Energy Policy Act of 2005. SEC. 113. EXTENSION OF RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT. Section 25D(g) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2007'' and inserting ``2010''. SEC. 114. EXTENSION OF BUSINESS SOLAR INVESTMENT TAX CREDIT. Sections 48(a)(2)(A)(i)(II) and 48(a)(3)(A)(ii) of the Internal Revenue Code of 1986 (relating to termination) are each amended by striking ``2008'' and inserting ``2011''. Subtitle C--Alternative Fuels and Vehicles Incentives SEC. 121. EXTENSION OF EXCISE TAX PROVISIONS AND INCOME TAX CREDIT FOR BIODIESEL AND ALTERNATIVE FUELS. (a) Biodiesel.--Sections 40A(g), 6426(c)(6), and 6427(e)(5)(B) of the Internal Revenue Code of 1986 are each amended by striking ``2008'' and inserting ``2010''. (b) Alternative Fuel.-- (1) Fuels.--Sections 6426(d)(4) and 6427(e)(5)(C) of the Internal Revenue Code of 1986 are each amended by striking ``September 30, 2009'' and inserting ``December 31, 2010''. (2) Refueling property.--Section 30C(g) of such Code is amended by striking ``2009'' and inserting ``2010''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2007. SEC. 122. EXCEPTION FROM DEPRECIATION LIMITATION FOR CERTAIN ALTERNATIVE AND ELECTRIC PASSENGER AUTOMOBILES. (a) In General.--Paragraph (1) of section 280F(a) of the Internal Revenue Code of 1986 (relating to limitation) is amended by adding at the end the following new subparagraph: ``(D) Special rule for certain alternative motor vehicles and qualified electric vehicles.--Subparagraph (A) shall not apply to any motor vehicle for which a credit is allowable under section 30 or 30B.''. (b) Conforming Amendment.--Subparagraph (C) of section 280F(a)(1) of the Internal Revenue Code of 1986 is amended by striking clause (ii) and by redesignating clause (iii) as clause (ii). (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. TITLE II--WEATHERIZATION ASSISTANCE SEC. 201. PROGRAM. (a) Establishment.--The Secretary of Energy shall establish a program to provide assistance to States for consultations with respect to weatherization and energy efficiency of residences and small businesses. Under the program, States shall provide information and recommendations for achieving greater energy efficiency, but shall not provide equipment or labor to achieve energy efficiency improvements. (b) Eligibility.-- (1) States.--A State shall be eligible for assistance under this section if it receives funding under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.). (2) Recipients.--Residential consultations shall be provided through the program established under this section only with respect to residences for which the household income does not exceed 200 percent of the State median income for households of the same size. (c) Definition.--For purposes of this section, the term ``small businesses'' means small business concerns within the meaning of section 3 of the Small Business Act (15 U.S.C. 632). SEC. 202. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Energy for carrying out this title $200,000,000 for each of the fiscal years 2007 through 2011.

Renewable Energy and Energy Efficiency Stimulus Act of 2006 - Amends the Internal Revenue Code to extend the time limits applicable to tax credits for: (1) electricity produced from certain renewable resources; (2) clean renewable energy bonds; (3) new energy efficient homes; (4) residential energy efficient property; (5) business solar investment; and (6) biodiesel and alternative fuels. Extends the time limit for the deduction for energy efficient commercial buildings. Declares inapplicable to certain qualified electric vehicles and alternative motor vehicles the depreciation limitation pertaining to luxury automobiles. Instructs the Secretary of Energy to establish a program to provide assistance to states for consultations with respect to weatherization and energy efficiency of residences and small businesses.

To extend the incentives for clean and renewable energy and its more efficient use.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Witness Security and Protection Grant Program Act of 2013''. SEC. 2. WITNESS PROTECTION GRANT PROGRAM. (a) Definitions.--In this section-- (1) the term ``applicant'' means a State, tribal, or local government that applies for a grant under this section; and (2) the terms ``serious drug offense'' and ``serious violent felony'' have the meaning given those terms in section 3559(c)(2) of title 18, United States Code. (b) Grants Required.--Subject to subsection (j), the Attorney General shall make competitive grants to State, tribal, and local governments to establish or maintain programs that provide protection or assistance to witnesses in court proceedings involving-- (1) a homicide, serious violent felony, or serious drug offense; or (2) gangs or organized crime. (c) Criteria.--In making grants under this section, the Attorney General shall evaluate applicants based upon the following: (1) The extent to which the applicant lacks infrastructure to support programs that provide protection or assistance to witnesses. (2) The prevalence of witness intimidation in the jurisdiction of the applicant. (3) The percentage of cases not prosecuted by the applicant due to witness intimidation. (4) The number of homicides per capita committed in the jurisdiction of the applicant. (5) The number of serious violent felonies or serious drug offenses per capita committed in the jurisdiction of the applicant. (6) The extent to which organized crime is present in the jurisdiction of the applicant. (7) Any other criteria that the Attorney General determines appropriate. (d) Technical Assistance.--From amounts made available under subsection (j) to carry out this section, the Attorney General, upon request of a recipient of a grant under this section, shall direct the appropriate offices within the Department of Justice to provide technical assistance to the recipient to the extent the Attorney General determines technical assistance is needed to establish or maintain a program that provides protection or assistance to witnesses. (e) Best Practices.-- (1) Report.--A recipient of a grant under this section shall submit to the Attorney General a report, in such form and manner and containing such information as specified by the Attorney General, that evaluates each program established or maintained pursuant to the grant, including policies and procedures under the program. (2) Development of best practices.--Based on the reports submitted under paragraph (1), the Attorney General shall develop best practice models to assist State, tribal, and local governments in addressing-- (A) witness safety; (B) short-term and permanent witness relocation; (C) financial and housing assistance; and (D) any other services related to witness protection or assistance that the Attorney General determines necessary. (3) Dissemination to states.--Not later than 1 year after developing best practice models under paragraph (2), the Attorney General shall disseminate the models to State, tribal, and local governments. (4) Sense of congress.--It is the sense of Congress that State, tribal, and local governments should use the best practice models developed and disseminated under this subsection to evaluate, improve, and develop witness protection or witness assistance programs as appropriate. (5) Rule of construction relating to sensitive information.--Nothing in this section shall be construed to require the dissemination of any information that the Attorney General determines-- (A) is law enforcement sensitive and should only be disclosed within the law enforcement community; or (B) poses a threat to national security. (f) Federal Share.-- (1) In general.--The Federal share of the cost of a program carried out using a grant made under this section shall be not more than 75 percent. (2) In-kind contributions.-- (A) In general.--Subject to subparagraph (B), the non-Federal share for a program carried out using a grant made under this section may be in the form of in- kind contributions that are directly related to the purpose for which the grant was made. (B) Maximum percentage.--Not more than 50 percent of the non-Federal share for a program carried out using a grant made under this section may be in the form of in-kind contributions. (g) Administrative Costs.--Of amounts made available to carry out this section for a fiscal year, the Attorney General may use not more than 5 percent for administrative costs. (h) Geographic Distribution.--In making grants under this section, the Attorney General shall-- (1) to the extent reasonable and practical, ensure an equitable geographical distribution throughout the United States of programs that provide protection or assistance to witnesses; and (2) give due consideration to applicants from both urban and rural areas. (i) Report to Congress.--The Attorney General shall submit a report to Congress-- (1) not later than December 31, 2014, on the implementation of this section, including any information on programs funded by grants made under this section; and (2) not later than December 31, 2019, on the programs funded by grants made under this section, including on best practice models developed under subsection (e)(2). (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2014 through 2018.

Witness Security and Protection Grant Program Act of 2013 - Directs the Attorney General to: (1) make competitive grants to state, tribal, and local governments to establish or maintain programs that provide protection or assistance to witnesses in court proceedings involving a homicide, a serious violent felony, a serious drug offense, gangs, or organized crime; (2) evaluate grant applicants based on specified criteria, including the prevalence of witness intimidation and the number of such crimes per capita in the applicant's jurisdiction; (3) provide technical assistance to applicants for establishing or maintaining such programs; and (4) develop and disseminate best practice models to assist such governments in addressing witness safety, short-term and permanent witness relocation, financial and housing assistance, and other necessary witness protection or assistance services. Urges such governments to use such models to evaluate, improve, and develop witness protection or witness assistance programs.

Witness Security and Protection Grant Program Act of 2013

SECTION 1. TOLL CREDIT MARKETPLACE PILOT PROGRAM. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish and implement a pilot program to develop a toll credit marketplace for States to buy and sell toll credits. (b) Purposes.--The purposes of the pilot program are-- (1) to identify whether a monetary value can be assigned to toll credits; (2) to identify the discounted rate of toll credits for cash; (3) to determine if the purchase of toll credits by States provides the purchasing State budget flexibility to deal with funding issues, including off-system needs, transit systems with high operating costs, or cash flow issues; and (4) to test the feasibility of expanding the toll credit market to allow all States to participate on a permanent basis. (c) Administration of Pilot Program.--In carrying out the pilot program under this Act, the Secretary, working through the Administrator of the Federal Highway Administration, shall determine how a toll credit marketplace will work and-- (1) establish an online platform that allows participating States to offer and bid on toll credit purchases; (2) not later than 90 days after the date of enactment of this Act, provide notice to States that the Federal Highway Administration requests participants for the toll credit marketplace; (3) allow States that maintain a toll credit balance accumulated before the enactment of this Act and States that do not maintain infrastructure for the collection of toll credits or have not accumulated a toll credit balance to participate in the pilot program; and (4) not allow a State to purchase or sell toll credits in an amount that is less than 5 percent of the toll credit's value if applied as a non-Federal share requirement under section 120(i)(1) of title 23, United States Code. (d) Reporting Requirements.-- (1) Initial report.--Not later than 180 days after notice of the pilot program is provided to the States under subsection (c)(2), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate on the progress of the toll credit marketplace. (2) State report.--Not later than 30 days after a purchase or sale in the toll credit marketplace, a State selling toll credits shall provide the Administrator of the Federal Highway Administration with information on the transaction, the amount of cash received and the value of toll credits sold, on the intended use of the cash, and an update on the State's remaining toll credit balance. A State purchasing toll credits shall provide the Administrator of the Federal Highway Administration with information on the value of toll credits purchased, the anticipated use of the toll credits, and plans for maintaining maintenance of effort for spending on Federal- aid highways projects. (3) Annual report.--Not later than 1 year and after notice is given under subsection (c)(2) and each year thereafter that the pilot program is in effect, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate and make such report publicly available on its website that-- (A) determines whether a toll credit marketplace is viable; (B) describes of the buying and selling activities of the toll credit marketplace; (C) determines of the monetary value of toll credits; (D) determines whether the pilot program could be expanded to more States and or all States; and (E) provides updated information on the toll credit balance accumulated by each State. (e) Definitions.-- (1) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (2) Toll credit.--The term ``toll credit'' means the credit that can be used for non-Federal share under section 120(i) of title 23, United States Code. (3) Toll credit marketplace.--The term ``toll credit marketplace'' means a market where toll credits can be purchased and sold by States participating in the pilot program. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, and any territory or possession of the United States, including the Virgin Islands. (f) Maintenance of Effort.--A State participating in the toll credit marketplace shall continue to be subject to requirements of section 120(i)(2) of title 23, United States Code. (g) Use of Funds Received for the Sale.-- (1) Certification.--A State receiving funds in exchange for a toll credit shall be required to certify that the proceeds will be used for highway, transit, and other related projects and must receive approval from the Federal Highway Administration before expending such funds. (2) Approval.--Not later than 30 days after the receipt of a certification under paragraph (1), the Federal Highway Administration shall send a notice of decision approving or rejecting the State's submission. A notice of disapproval shall be accompanied by an explanation of the grounds for disapproval and provide recommendations for resubmitting a certification that will be approved. (3) Appeal.--Not later than 30 days after a State receives a notice of decision to reject its submission, such State may appeal the decision to the Secretary of Transportation who, not later than 60 days after receipt, shall review and adjudicate such appeal. (h) Metropolitan Planning Organization and Local Government Toll Credit Allocation.-- (1) Purchase of toll credits.--Upon request of an interested metropolitan planning organization or local government, a State may purchase toll credits on behalf of a metropolitan planning organization or local government upon request and timely payment of the amount of such credits by such organization or government. (2) Allocation of toll credits.--A State purchasing toll credits without prior requests from a metropolitan planning organization or local government may allocate those toll credits for use by a metropolitan planning organization or local government upon approval by the board of leadership of such metropolitan planning organization or local government. (i) Limitation on Use of Federal Funds for the Purchase of Toll Credits.-- (1) Limitation on federal funds.--A State, metropolitan planning organization, or local government may not use Federal funds to purchase toll credits on the toll credit marketplace. (2) Use of toll credits.--Any recipient of Federal funding under Title 23 or Title 49 that purchases toll credits under this Act may not use such toll credits for more than 10 percent of its annual apportionment in any fiscal year. SEC. 2. TOLL CREDIT ELIGIBILITY AS COLLATERAL UNDER THE RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM. Section 822(f) of title 45, United States Code, is amended by adding after section 822(f)(2)(A) the following: ``(i) collateral that is eligible for use in an application includes credits earned under section 120(i) of title 23, United States Code.''.

This bill directs the Department of Transportation (DOT) to establish a pilot toll credit marketplace program for states, metropolitan planning organizations (MPOs), or local governments to buy and sell toll credits and use the proceeds for highway, transit, and other related projects. States, MPOs, or local governments may not use federal funds to purchase toll credits on the marketplace or use them for more than 10% of its annual apportionment of federal-aid highway funds in a fiscal year. The Federal Highway Administration shall determine how a toll credit marketplace will work. The Railroad Revitalization and Regulatory Reform Act of 1976 is amended to revise railroad rehabilitation and improvement financing program requirements. Toll credits earned shall be eligible as collateral in determining credit risk premium amounts for direct loans or loan guarantees for railroad improvement projects.

To establish a pilot toll credit market place program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Zone Renewable Energy Promotion Act of 2003''. SEC. 2. FINDINGS; PURPOSES AND OBJECTIVES. (a) Findings.--The Congress finds that-- (1) There is an increasing need for the production of electricity from energy facilities that use renewable resources and some of these facilities may be located in waters under the jurisdiction of the United States, including the coastal zone; (2) Energy companies have already sought to construct energy facilities in State and Federal waters that will use renewable wind energy resources; (3) Nationwide there are more than 50 proposals to construct and operate ``wind farms'' for producing electricity in State and Federal waters, and some of these proposals include anchoring more than five hundred wind towers to the ocean seabed within sight of land; (4) Existing Federal and State law does not provide a process to address the unique issues raised by proposals to locate energy facilities for renewable resources in the marine environment, thereby hindering or jeopardizing sensible development of these renewable energy resources; and (5) New Federal and State policies are needed to ensure the timely and sensible development of renewable energy resources that are accessible in the marine environment and to provide a mechanism to resolve the significant public trust issues involved in resource allocation and multiple uses in the marine environment. (b) Purposes and Objectives.--The purposes and objectives of this Act are to-- (1) promote the sensible development of energy facilities that use renewable energy resources in the marine environment by authorizing the Secretary of Commerce to establish a licensing regime and permitting process to ensure due consideration of the public trust issues involved in resource allocation, multiple use, and impacts on the marine environment; (2) direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration (NOAA), to use NOAA's expertise about the marine environment and coastal zone to develop new Federal rules and regulations to authorize and govern the sensible development of renewable energy resources in a manner that provides for public safety, safe navigation, protection of the marine environment, prevention of waste, conservation of natural resources, access to important commercial and recreational fishing areas, the protection of correlative rights, protection of national security interests, and payments to the Federal Government for constructing and operating renewable energy facilities in waters under the jurisdiction of the United States seaward of the coastal zone; and (3) encourage coastal States to amend their coastal zone management plans to include policies and procedures that address-- (A) issues arising from the location in the marine environment of energy facilities that utilize renewable energy sources; (B) conflicting and competing resource allocation and multiple use issues; and (C) any adverse impacts from such facilities on the marine environment, commercial and recreational fishing and other activities, the boating community and aesthetic, cultural and historic values. SEC. 3. DEFINITIONS; EFFECTIVE DATE. (a) Definitions.-- (1) Except where provided otherwise, any term used in this Act that is defined in the Coastal Zone Management Act of 1972 (16 U.S.C. 1453 et seq.) shall have the same meaning as provided in that Act (as amended by this Act). (2) Section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453) is amended by-- (A) renumbering paragraphs (16) through (18) as paragraphs (18) through (20), respectively; (B) inserting after paragraph (15) the following new paragraphs-- ``(16) The term `renewable energy facility' means any equipment or facility which is or will be used primarily-- ``(A) in the development, production, conversion, storage, transfer, processing, or transportation of any renewable energy resource; or ``(B) for the manufacture, production, or assembly of equipment, machinery, products, or devices which are involved in any activity described in subparagraph (A). ``(17) The term `renewable energy resource' means a source of energy that is regenerative and is produced without depleting or otherwise diminishing the resource from which such energy is derived. Such term includes, but is not limited to, solar, thermal, and wind energy sources.''; and (C) inserting after paragraph (20) (as renumbered by subparagraph (A)) the following new paragraph: ``(21) The term `wind energy facility' means a facility or equipment that converts the kinetic energy of wind into electricity. Such term includes all necessary components for the generation and transmission of such wind energy.''. (b) Effective Date.--The amendments made to the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) by this Act shall be effective on the date of enactment of this Act. TITLE I--COASTAL STATE MANAGEMENT SEC. 101. COASTAL ZONE ENHANCEMENT OBJECTIVES. Section 309 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456b) is amended-- (1) in subsection (a) by inserting at the end the following new paragraph-- ``(8) The procedures and enforceable policies adopted to facilitate the location of renewable energy facilities in the marine environment, including any wind energy facility, shall, among other things-- ``(A) identify priority locations for renewable energy facilities in the coastal zone; ``(B) ensure continued access to commercial and recreational fishing areas, including shellfish beds; ``(C) include an environmental review of the potential impacts on-- ``(i) marine mammals and endangered species and their designated critical habitat; ``(ii) birds; ``(iii) the marine environment including the seabed; ``(iv) aesthetic, cultural and historical resource values; and ``(v) the cumulative impacts of multiple renewable energy facilities; ``(D) evaluate navigational and public safety concerns, including but not limited to aviation safety, and ensure continued access to important traditional recreational boating areas; ``(E) include obligations for the payment of funds necessary to pay for the decommissioning and removal of renewable energy facilities; ``(F) include an assessment of the need for the energy produced by renewable energy facilities; and ``(G) take into account national security interests.''; (2) in subsection (c) by inserting at the end the following new sentence: ``In making funding decisions, the Secretary shall give special consideration to those proposals for management program changes related to the implementation of the objectives identified in paragraph (a)(8) in States with pending renewable energy facility proposals.''. TITLE II--FEDERAL MARINE RENEWABLE ENERGY PROGRAM SEC. 201. LICENSE FOR THE OPERATION OF RENEWABLE ENERGY FACILITIES IN WATERS UNDER THE JURISDICTION OF THE UNITED STATES SEAWARD OF THE COASTAL ZONE. The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by adding at the end the following new section-- ``SEC. 314. RENEWABLE ENERGY FACILITIES. ``(a) License Requirement.--No person may construct or operate a renewable energy facility in waters under the jurisdiction of the United States seaward of the coastal zone except in accordance with a license issued pursuant to this section. ``(b) Letter of Intent, Public Notice and Request for Proposals.-- ``(1) Any person who seeks to apply for a license under this section shall notify the Secretary in writing of their intent to apply for a license under this section. A letter of intent shall include, at a minimum, a description of the proposed renewable energy facility, the specific location where the applicant proposes to construct the facility, the proposed timeframe for construction and operation of the facility and the names of the applicant, owners and operators of the proposed facility. ``(2) Within 30 days of receipt of a letter of intent, the Secretary shall publish in the Federal Register notice containing the requirements for a license application in the area identified in the notice issued under paragraph (2), and a request for proposals from all persons who seek a license to construct and operate a renewable energy facility in the same location. The Secretary shall determine the time within which proposals must be submitted, but shall not set the submission date less than 60 days from the date notice is published in the Federal Register. ``(c) Public Interest Evaluation.--In evaluating applications received under this section, the Secretary shall consider the amount of energy the proposed project will produce, the economic impact to the region where the facility will be located, the environmental impacts of the proposed facility, the displacement of competing uses of the proposed site and other relevant factors to determine which proposed project best serves the public interest. ``(d) License Issuance Prerequisites.--The Secretary may only issue a license under this section after the Secretary determines that-- ``(1) based on recommendations from the Secretary of Defense, the facility will be consistent with national security needs; ``(2) based on recommendations from the Corps of Engineers and the Coast Guard, the facility will not create an obstruction to navigation; ``(3) the application is consistent with the approved management programs of affected states; ``(4) construction or operation of the facility will not unduly restrict access to commercial and recreational fishing areas, including shellfish beds, and recreational boating areas; ``(5) the facility will not adversely affect marine mammals, threatened or endangered species, migratory birds, or designated critical habitat; ``(6) construction or operation of the facility will not adversely affect aesthetic, cultural, or historical resources recognized or protected under Federal law or the laws of the affected coastal States; ``(7) after consultation with the Secretary of Transportation, that the renewable energy facility does not pose a threat to aviation safety; ``(8) as a result of the Environmental Impact Statement, the facility can be constructed or operated in a manner that minimizes any adverse impact on the marine environment, including the seabed and any other natural resources; ``(9) after consultation with the Secretary of Energy, that the electricity that will be produced by the facility is needed; ``(10) the location of the facility is not within the boundaries of a National Marine Sanctuary or Marine Protected Area; ``(11) the applicant will pay the fees required in the application; and ``(12) the application was determined by the Secretary under subsection (c) to best serve the public interest. ``(e) License Terms and Conditions.-- ``(1) In issuing a license for the construction and operation of a renewable energy facility the Secretary shall prescribe the conditions necessary to carry out the provisions of this Act and any other law, and such license shall only be issued if the applicant agrees to comply with the conditions the Secretary may prescribe in accordance with the provisions of this Act. ``(2) No license issued under this section may be sold, transferred, or materially changed in any other manner without the prior written approval of the Secretary. The Secretary shall ensure that any such sale, transfer or change is consistent with the management plans of affected coastal States before issuing an approval. ``(3) The Secretary shall establish such bonding requirements or other assurances as may be necessary to assure that, upon revocation, termination, relinquishment, abandonment, transfer, sale, or surrender of the license, the licensee will dispose of or remove all components of the renewable energy facility as directed by the Secretary. The Secretary may waive the disposal or removal requirements for any submerged component of the renewable energy facility on or below the seabed if he finds that such removal is not otherwise necessary and that such component does not constitute a threat to the environment, or impede navigation, fishing, or use of the seabed. ``(f) Hearing and Public Comment.--The Secretary may issue a license under this section only after public notice and opportunity for comment, and after conducting during the comment period at least one public hearing in the coastal area affected by the facility for which a license is proposed to be issued. ``(g) Fees and Royalties.--The Secretary shall require the payment of an application fee when a completed license application is accepted in an amount sufficient to cover the administrative expenses of processing the application. The Secretary shall also, after notice and public comment, establish an annual royalty fee to be paid by the holder of a license issued pursuant to this section during any year in which electricity is produced under such license. To the extent practicable, the Secretary shall set the royalty fee to recoup the market value of the site for use as a renewable energy facility, taking into account the size of the facility, any impacts on the marine environment and other natural resources, the amount of electricity produced, the value of the site to competing uses, whether or not the renewable energy facility is located in a priority area and any other relevant factors; provided, however, that the Secretary may set a royalty fee at less than market value if he determines that it is necessary and appropriate to encourage (a) small-scale developers; (b) reduced environmental impacts, or (c) the siting of renewable energy facilities in designated priority areas. Royalty fees and impact fees assessed under subsection (b) shall be deposited in the Coastal Zone Management Fund established under section 309. ``(h) No Right or Title.--No provision of this Act or any other law shall be construed to limit the authority of the Secretary to terminate or limit, without compensation to the holder, any license issued pursuant to this section if the Secretary determines that such termination or limitation is necessary to further the purposes of this Act or to implement or enforce this Act or any other law.''. SEC. 202. PRIORITY SITE IDENTIFICATION AND EVALUATION. (a) Priority Site Identification and Evaluation.--To accelerate the sensible development of renewable energy facilities in the marine environment, the Secretary shall immediately begin to identify, list, and evaluate those locations within the marine waters under the jurisdiction of the United States seaward of the coastal zone that have the greatest potential, consistent with this Act and section 309(a)(8) of the Coastal Zone Management Act of 1972, as added by section 101 of this Act, for producing energy from renewable energy facilities. In identifying and listing these priority areas the Secretary shall consult with the Secretary of Energy, the Coast Guard, the Administrator of the Environmental Protection Agency, affected coastal states and other public and private institutions and companies with relevant expertise. In evaluating potential sites to be listed, the Secretary shall, to the maximum extent possible, consult with the Office of Energy Efficiency and Renewable Energy and the National Renewable Energy Laboratory of the Department of Energy. (b) Preference for Priority Sites.--The Secretary may not approve an application filed under section 314 of the Coastal Zone Management Act of 1972, as added by section 201 of this Act, that proposes to construct and operate a renewable energy facility outside the boundaries of a site identified under subsection (a) unless the Secretary determines, in writing, that the location of the proposed facility otherwise satisfies the criteria used in designating priority sites under section 202(a) of this Act. SEC. 203. REGULATIONS AND OTHER LAWS. (a) Regulations.--The Secretary shall promulgate such regulations as are necessary to carry out the purposes and objectives of this Act within 12 months after the date of enactment of this Act. (b) Savings Clause.--Nothing in this Act shall be construed to displace, supercede, limit, or modify the jurisdiction, responsibility, or authority of any Federal or State agency under any other Federal law.

Coastal Zone Renewable Energy Promotion Act of 2003 - Amends the Coastal Zone Management Act of 1972 to expand statutory procedures and policies for the location of renewable energy facilities in the marine environment.Prescribes licensing requirements for the operation of renewable energy facilities in waters under Federal jurisdiction seaward of the coastal zone.Instructs the Secretary of Commerce immediately to identify and evaluate locations within such waters that have the greatest potential for producing energy from renewable energy facilities.

To promote the Sensible Development of Renewable Energy in the Waters of the Coastal Zone, and for other purposes.

SECTION 1. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS CONTRIBUTIONS TO CANDIDATES. (a) Treatment as Contribution to Candidate.--Section 301(8)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 30101(8)(A)) is amended-- (1) by striking ``or'' at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ``; or''; and (3) by adding at the end the following new clause: ``(iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 324) which is not otherwise treated as a contribution under clause (i) or clause (ii).''. (b) Definitions.--Section 324 of such Act (2 U.S.C. 30126) is amended to read as follows: ``SEC. 324. PAYMENTS FOR COORDINATED EXPENDITURES. ``(a) Coordinated Expenditures.-- ``(1) In general.--For purposes of section 301(8)(A)(iii), the term `coordinated expenditure' means-- ``(A) any expenditure, including a payment for a covered communication described in subsection (d), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as provided in subsection (b); or ``(B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any broadcast or any written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee. ``(2) Exception for payments for certain communications.--A payment for a communication (including a covered communication described in subsection (d) shall not be treated as a coordinated expenditure under this subsection if-- ``(A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or ``(B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum. ``(b) Coordination Described.-- ``(1) In general.--For purposes of this section, a payment is made `in cooperation, consultation, or concert with, or at the request or suggestion of,' a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment is not made entirely independently of the candidate, committee, or agents, including a payment which is made pursuant to any general or particular understanding, or more than incidental communication with, the candidate, committee, or agents about the payment. ``(2) No finding of coordination based solely on sharing of information regarding legislative or policy position.--For purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person's agent engaged in discussions with the candidate or committee, or with agents of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no discussion between the person and the candidate or committee, or agents of the candidate or committee, regarding the candidate's or committee's campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or campaign operations. ``(3) No effect on party coordination standard.--Nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d). ``(4) No safe harbor for use of firewall.--A person shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals providing services for or on behalf of the person and the candidate or committee or agents of the candidate or committee. ``(c) Special Rule for Payments by Coordinated Spenders for Covered Communications.-- ``(1) Payments deemed to be made in cooperation, consultation, or concert with, candidates.--For purposes of this section, if the person who makes a payment for a covered communication is a coordinated spender with respect to the candidate involved, the person shall be deemed to have made the payment in cooperation, consultation, or concert with the candidate. ``(2) Coordinated spender defined.--For purposes of this subsection, the term `coordinated spender' means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies: ``(A) The person is directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate or committee or agents of the candidate or committee, including with the express or tacit approval of the candidate or committee or agents of the candidate or committee. ``(B) The candidate or committee or agents of the candidate or committee solicit funds or engage in other fundraising activity on the person's behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. ``(C) The person is established, directed, or managed by any person who, during the election cycle involved or during the 4-year period ending on the first day of the election cycle involved, has been employed or retained as a political, media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with a title for the candidate or committee. ``(D) During the election cycle involved, the person has had more than incidental communications with the candidate or committee or agents of the candidate or committee about the candidate's campaign needs or activities, or about the person's possible or actual campaign activities with respect to the candidate or committee. ``(E) The person has retained the professional services of any person who, during the same election cycle, has provided or is providing professional services relating to the campaign to the candidate or committee. For purposes of this subparagraph, the term `professional services' includes any services in support of the candidate's or committee's campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. ``(F) The person is established, directed, or managed by a member of the immediate family of the candidate, or (in the case of a person that is a political committee) has received a contribution from a member of the immediate family of the candidate. For purposes of this subparagraph, the term `immediate family' has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986. ``(3) Limitation.--Paragraph (2) shall apply to a person with respect to a candidate or authorized committee during a calendar quarter only if 20 percent or more of that person's total spending for covered communications in the period beginning on the first day of the election cycle with respect to the candidate or committee involved and ending on the first day of that calendar quarter is attributable to-- ``(A) communications that promote or support that candidate, or attack or oppose the opponent of that candidate, in the case of covered communications described in subsection (d)(1); and ``(B) communications that refer to that candidate or an opponent of that candidate, in the case of covered communications described in subsection (d)(2). ``(d) Covered Communication Defined.-- ``(1) In general.--For purposes of this section, the term `covered communication' means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which-- ``(A) promotes or supports the candidate, or attacks or opposes an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or ``(B) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A), but only if the communication is disseminated during the applicable election period. ``(2) Applicable election period.--In paragraph (1)(B), the `applicable election period' with respect to a communication means-- ``(A) in the case of a communication which refers to a candidate for the office of President or Vice President, the period which begins on the date that is 120 days before the date of the first primary election, preference election, or nominating convention for nomination for the office of President which is held in any State and ends with the date of the general election for such office; or ``(B) in the case of a communication which refers to a candidate for any other office, which begins on the date that is 90 days before the primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, for the office sought by the candidate and ends on the date of the general election for such office. ``(3) Special rules for communications involving congressional candidates.--For purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. ``(e) Election Cycle Defined.--In this section, the term `election cycle' means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election).''. (c) Effective Date.-- (1) Repeal of existing regulations on coordination.-- Effective upon the expiration of the 90-day period which begins on the date of the enactment of this Act-- (A) the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment of this Act (as set forth in 11 CFR part 109, subpart C, under the heading ``Coordination'') are repealed; and (B) the Federal Election Commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this Act. (2) Effective date.--The amendments made by this section shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period. SEC. 2. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY FEDERAL CANDIDATES AND OFFICEHOLDERS. (a) In General.--Section 323(e)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 30125(e)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(C) solicit, receive, direct, or transfer funds to or on behalf of any political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act (or to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to or on behalf of any political organization under section 527 of the Internal Revenue Code of 1986 which accepts such donations or contributions (other than a committee of a State or local political party or a candidate for election for State or local office).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections occurring after January 1, 2015.

Amends the Federal Election Campaign Act of 1971 (FECA) to treat as a campaign contribution any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure which is not otherwise treated as a contribution. Repeals the prohibition against contributions by minors. Sets forth rules governing payments for coordinated expenditures, including special rule for payments by coordinated spenders for covered communications. Defines "covered communication" as a public communication which: (1) promotes or supports the candidate, or attacks or opposes an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or (2) refers to the candidate or an opponent of the candidate in other ways, but only if the communication is disseminated during the applicable election period. Prohibits candidates or individuals holding federal office, their agents, and certain related entities from soliciting, receiving, directing, or transferring funds to or on behalf of any political committee which accepts donations or contributions that do not comply with FECA limitations, prohibitions, and reporting requirements, or to or on behalf of any 527 organization which accepts such donations or contributions (other than a committee of a state or local political party or a candidate for election for state or local office). (A 527 organization, tax-exempt in certain circumstances under Section 527 of the Internal Revenue Code, is created primarily to influence the selection, nomination, election, appointment or defeat of candidates to federal, state or local public office.)

To amend the Federal Election Campaign Act of 1971 to clarify the treatment of coordinated expenditures as contributions to candidates, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Small Business Jobs Act of 2014''. SEC. 2. IN GENERAL. Section 558 of title 5, United States Code, is amended by adding at the end the following: ``(d) Before any enforcement action is taken on a sanction on a business for a violation of a rule or pursuant to an adjudication, and subject to subsection (e) and (f), an agency shall-- ``(1) not later than 10 business days after the date on which the agency determines that the sanction may be imposed on the business, provide notice to the business that, if the business is a small business, the small business may be subject to a sanction at the end of the grace period described in paragraph (3); ``(2) delay any further action relating to the sanction until the end of the 15-calendar day period beginning on the date on which the agency provides notice under paragraph (1); ``(3) for a small business-- ``(A) delay any further action relating to the sanction until not earlier than the end of the 6-month period beginning on the date on which the agency provides notice under paragraph (1); and ``(B) upon application by the small business demonstrating reasonable efforts made in good faith to remedy the violation or other conduct giving rise to the sanction, extending the period under subparagraph (A) by 3 months; ``(4) after the end of the period described in paragraph (3), redetermine whether, as of the day after the end of the period, the small business would still be subject to the sanction; and ``(5) if the agency determines under paragraph (4) that the small business would not be subject to the sanction, waive the sanction. ``(e) If an agency provides notice described in subsection (d)(1) to a business on or after the date that is 11 business days after the date on which the agency determines that a sanction may be imposed on the business-- ``(1) if the agency determines that the same sanction may have been imposed on the business 10 business days before the date of the notice, the agency shall take further action in accordance with subsection (d); and ``(2) if the agency determines that the same sanction could not have been imposed on the business 10 business days before the date of the notice, the agency shall waive the sanction and take no further action relating to imposition of the sanction. ``(f) The period during which further action is delayed under subsection (d)-- ``(1) shall apply to a business only 1 time in relation to any single rule; ``(2) until the end of such period, as determined in accordance with subsection (d), shall apply to action by the agency relating to any subsequent violation of the same rule; and ``(3) shall not apply to a violation that puts any person in imminent danger, within the meaning given that term under section 13 of the Occupational Safety and Health Act (29 U.S.C. 662). ``(g) Nothing in subsection (d) shall be construed to prevent a small business from appealing any sanction imposed in accordance with the procedures of the agency, or from seeking review under chapter 7. ``(h) Any sanction imposed by an agency on a small business for any violation of a rule or pursuant to an adjudication, absent proof of written notice of the sanction and the date on which the agency determined that a sanction may be imposed, or in violation of subsection (d)(3), shall have no force or effect. ``(i) Each Federal agency shall submit to the Ombudsman an annual report on the implementation of subsection (d), including a discussion of the deferral of action relating to and waiver of sanctions on small businesses. ``(j) The Ombudsman shall include in the annual report to Congress required under section 30(b)(2)(C) of the Small Business Act (15 U.S.C. 657(b)(2)(C)) the agency reports described by subsection (i) and a summary of the findings. ``(k) For purposes of this section-- ``(1) the term `consumer price index' means the consumer price index for all urban consumers published by the Department of Labor; ``(2) the term `CPI adjusted gross receipts' means the amount of gross receipts, divided by the consumer price index for calendar year 2012, and multiplied by the consumer price index for the preceding calendar year, rounded to the nearest multiple of $100,000 (or, if midway between multiples of $100,000, to the next higher multiple of $100,000); ``(3) the term `Ombudsman' has the same meaning given such term in section 30(a) of the Small Business Act (15 U.S.C. 657(a)); and ``(4) term `small business' means any sole proprietorship, partnership, corporation, limited liability company, or other business entity, that-- ``(A) had less than $10,000,000 in gross receipts in the preceding calendar year; ``(B) is considered a small-business concern (as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)); ``(C) employed fewer than 200 individuals in the preceding calendar year; or ``(D) had CPI adjusted gross receipts of less than $10,000,000 in the preceding calendar year.''.

Protect Small Business Jobs Act of 2014 - Requires a federal agency, before any enforcement action is taken on any sanction on a small business for any violation of a rule or pursuant to an adjudication, to: (1) notify the small business that it may be subject to a sanction at the end of a six-month grace period following such notification; (2) delay further action for 15 days after such notification; (3) defer further action for the six-month period (allowing an additional three-month period upon application by the small business demonstrating reasonable good-faith efforts to remedy the violation or other conduct giving rise to the sanction); (4) make a further determination at the end of the applicable grace period as to whether the small business would still be subject to the sanction; and (5) upon a negative determination, waive the sanction. Makes the grace period inapplicable with respect to a violation that puts anyone in imminent danger, as defined by the Occupational Safety and Health Act. Renders any sanction imposed in violation of the requirements of this Act as having no force or effect. Requires: (1) federal agencies to report annually to the Small Business and Agriculture Regulatory Enforcement Ombudsman on the implementation of the requirements of this Act, and (2) the Ombudsman to include such information in a currently-required annual report to Congress.

Protect Small Business Jobs Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Colorado Water Infrastructure Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (2) State.--The term ``State'' means the State of Colorado. SEC. 3. PROGRAM. (a) Establishment.--The Secretary may establish a pilot program to provide environmental assistance to non-Federal interests in the State. (b) Form of Assistance.--Assistance under this section may be provided in the form of design and construction assistance for water- related environmental infrastructure and resource protection and development projects in the State, including projects for-- (1) wastewater treatment and related facilities; (2) water supply and related facilities; (3) water conservation and related facilities; (4) stormwater retention and remediation; (5) environmental restoration; and (6) surface water resource protection and development. (c) Public Ownership Requirement.--The Secretary may provide assistance for a project under this section only if the project is publicly owned. (d) Local Cooperation Agreement.-- (1) In general.--Before providing assistance under this section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance. (2) Requirements.--Each local cooperation agreement entered into under this subsection shall provide for the following: (A) Plan.--Development by the Secretary, in consultation and coordination with appropriate Federal and State officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications. (B) Legal and institutional structures.-- Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest. (3) Cost sharing.-- (A) In general.--The Federal share of project costs under each local cooperation agreement entered into under this subsection-- (i) shall be 75 percent; and (ii) may be in the form of grants or reimbursements of project costs. (B) Pre-cooperative agreement activities.--The Federal share of the cost of activities carried out by the Secretary under this section before the execution of a local cooperative agreement shall be 100 percent. (C) Credit for design work.--The non-Federal interest shall receive credit, not to exceed 6 percent of the total construction costs of a project, for the reasonable costs of design work completed by the non- Federal interest before entering into a local cooperation agreement with the Secretary for the project. (D) Credit for interest.--In case of a delay in the funding of the Federal share of the costs of a project that is the subject of an agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the Federal share of the costs of the project. (E) Land, easements, and rights-of-way credit.--The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but not to exceed 25 percent of total project costs. (F) Operation and maintenance.--The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent. (e) Applicability of Other Federal and State Laws.--Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2008 and thereafter. Such sums shall remain available until expended.

Rural Colorado Water Infrastructure Act - Authorizes the Secretary of the Army, acting through the Chief of Engineers, to establish a pilot program to provide environmental assistance to non-federal interests in Colorado, which may be provided in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects. Requires projects to be publicly owned as a prerequisite for assistance. Directs the Secretary to enter into local cooperation agreements with non-federal interests for project design and construction. Sets the federal share of project costs under local cooperation agreements at 75 percent. Sets the non-federal share of operation and maintenance costs for projects constructed with assistance under this Act at 100 percent.

To provide environmental assistance to non-Federal interests in the State of Colorado.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Diversity in Media Act of 1993''. (b) References.--References in this Act to ``the Act'' are references to the Communications Act of 1934 (47 U.S.C. 151 et seq.). SEC. 2. FINDINGS. The Congress finds that-- (1) the Communications Act of 1934 was enacted to ensure that the allocation of the various broadcast media would promote the expression of diverse opinions and the rapid and vigorous exchange of information; (2) the Federal Communications Commission has formulated policies to promote diversity in the ownership and management of broadcast media; (3) the United States Supreme Court has affirmed the constitutionality of the Federal Communications Commission's policies to promote diversity; and (4) it is therefore necessary to codify and to extend the policies and procedures that promote diversity in the ownership, management, and programming of the broadcast media. SEC. 3. FINDINGS AND PURPOSES REGARDING DISCRIMINATION. The Act is amended by inserting after section 2 thereof the following new section: ``findings and purposes regarding discrimination ``Sec. 2A. (a) The Congress hereby finds that-- ``(1) minority and female Americans have been and continue to be unjustly deprived of full participation in the common carrier, private radio, and broadcasting communications services regulated under this Act; ``(2) an efficient American telecommunications industry is of grave importance to the interstate and foreign commerce of the Nation; ``(3) minority and female Americans have not fully participated as employees or owners of telecommunications facilities and this lack of participation greatly decreases the efficiency of the American telecommunications industry; ``(4) participation by minority and female Americans as owners or employees of telecommunications facilities materially contributes to the diversity of information available to the public through these facilities; ``(5) such participation promotes the public interest not only in expression of diverse opinions, but in promoting the sense of self-esteem and integrity that is essential to reducing racial tensions and social conflicts and motivating individuals to seek and take productive places in society; and ``(6) reliance on indirect structural regulation of diversity of ownership and control is an important and reasonable method to carry out the fundamental objectives of the First Amendment in promoting free and open expression of diverse opinions. ``(b) It is a purpose of this Act to provide for greater diversity of ownership and control of telecommunications in the domestic and international marketplace by requiring persons subject to regulation under this Act to develop and implement equal opportunity programs as part of their employment practices.''. SEC. 4. DEFINITIONS. Section 3 of the Act (47 U.S.C. 153) is amended by adding at the end thereof the following new paragraphs: ``(hh) `Minority' means American Indians and Alaska Natives; Asians and Pacific Islanders; Blacks, not of Hispanic origin; and Hispanics. ``(ii) An entity is `owned or controlled' by members of a minority or by women if-- ``(1) in the case of a sole proprietorship, the sole proprietor is a member of a minority or is a woman; ``(2) in the case of a partnership, a majority of the equity interest held by general partners is held by members of a minority or women, and the general partners hold at least 20 percent of the equity interest in the partnership; ``(3) in the case of a corporation with only one class of voting securities, a majority of the voting securities are held by members of a minority or women; and ``(4) in the case of a corporation with more than one class of voting securities, members of a minority or women hold securities controlling a majority of the votes and representing at least 20 percent of the equity interest in the corporation.''. SEC. 5. ANNUAL REPORT ON OWNERSHIP AND CONTROL BY MINORITIES AND WOMEN. Section 303 of the Act (47 U.S.C. 303) is amended by adding at the end thereof the following: ``(v) Require, by regulation, that each holder of a license or permit for any media of mass communications submit to the Commission an annual report describing, in such detail as that regulation may require, the proportion of the ownership and control of such holder that is held by minorities and women.''. SEC. 6. PREFERENCES AND ENHANCEMENTS IN COMPARATIVE SELECTIONS. Section 309(e) of the Act is amended-- (1) by inserting ``(1)'' after ``(e)''; and (2) by adding at the end thereof the following new paragraphs: ``(2) When the Commission has so designated for a comparative hearing two or more mutually exclusive applications, the Commission-- ``(A) determines if an applicant is entitled to prevail based on the extent to which selection of the applicant will increase diversification of ownership; ``(B) determines, if an applicant is not so entitled to prevail, if an applicant is entitled to prevail based on the extent to which the ownership and management of the applicant are functionally integrated; and ``(C) determines, if an applicant is not so entitled to prevail, the applicant that, based on the factors reviewed under subparagraphs (A) and (B), will best promote the public interest, convenience, and necessity. ``(3) In evaluating which applicants will increase diversification under paragraph (2)(A), the Commission shall-- ``(A) award a demerit based on the extent of ownership in other media of mass communication; and ``(B) award an enhancement credit based on the extent to which the applicant is owned or controlled by minorities or women. ``(4) In evaluating applicants' integration of ownership and management under paragraph (2)(B), the Commission shall award enhancement credits for the following characteristics (listed in descending order of the magnitude of the credit which may be awarded): ``(A) the extent to which the applicant is owned or controlled by minorities or women; ``(B) the extent of the applicant's past local residence and participation in local civic affairs; and ``(C) the extent to which the applicant has previous broadcast or other business experience transferable to broadcasting.''. SEC. 7. PREFERENCES AND ENHANCEMENTS IN CONNECTION WITH RANDOM SELECTIONS. (a) Definition of Media of Mass Communication.--Section 309(i)(3)(C)(i) of the Act is amended-- (1) by inserting after ``direct broadcast satellite service,'' the following: ``instructional television fixed service, operational fixed and fixed satellite services (if used for mass media purposes),''; and (2) by inserting before the period at the end thereof the following: ``, without regard to whether such services are distributed for a fee or whether the reception system is individually addressed''. (b) Definition of System of Random Selection.--Section 309(i)(3)(C) is further amended by adding at the end thereof the following new paragraph: ``(iii) The term `system of random selection' includes any selection system that uses chance, in whole or in part, to select one applicant from a group or pool of qualified applicants, without regard to whether that selection system is used alone or in conjunction with any other mechanism (such as a point system, comparative hearing, or other method) as a tie-breaker.''. (c) Restrictions on Selection Criteria Used in Conjunction With Random Selections.--Section 309(i)(4) of the Act is amended by adding at the end thereof the following: ``(C) If the Commission establishes any point system, comparative criteria, or other selection criteria for use in conjunction with a system of random selection to select among mutually exclusive applicants for licenses for media of mass communication, each such point system, comparative criteria, or other selection system shall provide for the granting of a significant preference or enhancement to any applicant that is owned or controlled by members of a minority group or by women.''. SEC. 8. TAX CERTIFICATES AND DISTRESS SALES. Title I of the Act is amended by adding at the end thereof the following new section: ``SEC. 9. TAX CERTIFICATES AND DISTRESS SALES. ``(a) Issuance of Certificate.--When determining whether to approve an application for consent by the Commission to an assignment of a license or construction permit or to a transfer of control of a corporate licensee or permittee for a broadcast, common carrier, private radio, or other telecommunications facility to an assignee or transferee that is owned or controlled by members of a minority or by women, the Commission, after determining the qualifications of the applicant under section 308(b), shall issue a tax certificate under section 1071 of the Internal Revenue Code of 1954 (relating to gain from sale or exchange to effectuate policies of Federal Communications Commission) if the Commission finds such action to be consistent with section 2A. ``(b) Findings Required.--When considering a license which has been designated for a revocation hearing, or a license renewal application which has been designated for hearing, the Commission shall permit the licensee to assign or transfer its license to an applicant that is owned or controlled by members of a minority or by women, if-- ``(1) the applicant is qualified under section 308(b); ``(2) the maximum percentage of the fair market value, as of the date of the filing of the application for transfer or assignment, or as of the date of designation, whichever is lower, of the facility to be paid by the assignee or transferee for the facility does not exceed-- ``(A) 75 percent, if the assignment or transfer is proposed after designation for hearing but before the hearing begins; ``(B) 50 percent, if the assignment or transfer is proposed after the first prehearing conference but before the order of the administrative law judge involved; or ``(C) 25 percent, if the assignment or transfer is proposed after such order but before a final ruling of the Commission denying the license renewal or revoking the license; and ``(3) there has been no final ruling of the Commission denying the license renewal or revoking the license.''. SEC. 9. EQUAL EMPLOYMENT OPPORTUNITY. Title I of the Act is further amended by adding after section 8 the following new section: ``SEC. 10. EQUAL EMPLOYMENT OPPORTUNITY. ``(a) Application of Section.--This section shall apply to the following: ``(1) licensees or permittees of commercially operated amplitude modulation, frequency modulation, television, or international broadcast stations, and licensees or permittees of public broadcast stations; ``(2) commercially operated amplitude modulation, frequency modulation, television, or international broadcast networks, and public broadcast station networks; ``(3) common carriers; ``(4) satellite operators, licensees, and permittees, whether licensed as a broadcaster, common carrier, or private or other service; and ``(5) headquarters operations of any of the entities listed in paragraph (1) through paragraph (4). ``(b) Equal Opportunity Required.--Equal opportunity in employment shall be afforded by each entity specified in subsection (a) to all qualified persons, and no person shall be discriminated against in employment because of race, color, religion, national origin, age, or sex. ``(c) Program Required.--Any entity specified in subsection (a) which has 5 or more employees shall establish, maintain, and execute a positive continuing program of specific practices designed to ensure equal opportunity in every aspect of its employment policy and practice. Under the terms of its programs, it shall-- ``(1) define the responsibility of each level of management to ensure a positive application and vigorous enforcement of its policy of equal opportunity, and establish a procedure to review and control managerial and supervisory performance; ``(2) inform its employees and recognized employee organizations of the equal employment opportunity policy and program and enlist their cooperation; ``(3) communicate its equal employment opportunity policy and program and its employment needs to sources of qualified applicants without regard to race, color, religion, national origin, age, or sex, and solicit their recruitment assistance on a continuing basis; ``(4) conduct a continuing program to exclude every form of prejudice or discrimination based on race, color, religion, national origin, age, or sex, from its personnel policies and practices and working conditions; and ``(5) conduct a continuing review of job structure and employment practices and adopt positive recruitment, training, job design, and other measures needed to ensure genuine equality of opportunity to participate fully in all its organizational units, occupations, and levels of responsibility. ``(d) Regulations Required.-- ``(1) Not later than 180 days after the date of enactment of this section, and after notice and opportunity for hearing, the Commission shall prescribe rules to carry out this section. ``(2) Such rules shall specify the terms under which an entity specified in subsection (a) shall, to the extent possible-- ``(A) disseminate its equal opportunity program to job applicants, employees, and those with whom it regularly does business; ``(B) use minority organizations, organizations for women, media, educational institutions, and other potential sources of minority and female applicants, to supply referrals whenever jobs are available in its operation; ``(C) train minority and female employees, interns, or both, or provide assistance to minority educational institutions and educational institutions for women so that they can provide such training, except that such requirement is not mandatory for entities specified in subsection (a) with fewer than fifteen full-time employees; ``(D) evaluate its employment profile and job turnover against the availability of minorities and women in its labor recruitment area; ``(E) undertake to offer promotions of minorities and women to positions of greater responsibility; ``(F) encourage minority and female entrepreneurs to conduct business with all parts of its operation; and ``(G) analyze the results of its efforts to recruit, hire, promote, and use the services of minorities and women and explain any difficulties encountered in implementing its equal employment opportunity program. ``(3) Such rules also shall require an entity specified in subsection (a) to file an annual statistical report identifying by race and sex the number of employees in each of the following full-time and part-time job categories: (A) Corporate Manager; (B) General Manager; (C) Chief technician; (D) Comptroller; (E) General Sales Manager; (F) Production Manager; (G) Managers; (H) Professionals; (I) Technicians; (J) Sales; (K) Office and Clerical; (L) Skilled Craftsperson; (M) Semiskilled Operators; (N) Unskilled Laborers; (O) Service Workers.''. SEC. 11. REPORT TO CONGRESS. Section 4(k) of the Communications Act of 1934 (47 U.S.C. 154(k)) is amended by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by inserting after paragraph (2) the following new paragraph: ``(3) such information and data as may be of value in determining the extent to which minorities and women have participated, and will, under the rules and policies of the Commission, have opportunities to participate, as employees and owners of telecommunications facilities;''. SEC. 12. ADDITIONAL PROVISIONS. Section 309 of the Communications Act of 1934 is further amended by adding at the end thereof the following new subsection: ``(j)(1) Consistent with the objective of promoting diversity of ownership of the media of mass communications, the Commission shall include, in any criteria used to limit number, eligibility, or the community (of license) of applications for new licenses for media of mass communications (as that term is used in subsection (i) of the Act), provisions that will increase the diversity of the ownership among the new licenses granted. ``(2) When specifying application acceptance requirements for AM clear-channel stations, the Commission shall accept all technically qualified applications which are owned or controlled by members of a minority or by women. ``(3) As used in paragraph (2) of this subsection, the term `AM clear-channel stations' means new unlimited-time stations, nighttime operation by an authorized daytime station, or a major change in facilities resulting in operation on an AM channel (A) on which a dominant station or stations render service over a wide area and (B) which is cleared of objectionable interference within its primary service area and over all or a substantial portion of its secondary service areas.''. HR 1611 IH----2

Diversity in Media Act of 1993 - Amends the Communications Act of 1934 to require holders of mass communications licenses to submit to the Federal Communications Commission (FCC) an annual report describing the proportion of ownership and control of such licensee that is held by minorities and women. Outlines situations under which the FCC may award a communications license to a party on the basis of increasing diversification of media ownership or promotion of the public interest. Provides either demerits or credits to license applicants based on their history of minority and women ownership and control. Requires the FCC to issue a tax certificate for assignment of a license or transfer of control of a corporate licensee for a broadcast, common carrier, private radio, or other telecommunications facility to an assignee or transferee owned or controlled by members of a minority or women if such action is consistent with increasing the participation of minorities and women as employees or owners of telecommunications facilities. Prohibits discrimination in employment by: (1) licensees of commercially operated or public broadcast stations or networks; (2) common carriers; (3) satellite operators; and (4) the headquarters of any of these entities. Establishes a program within such entities to ensure equal employment policies, including the filing with the FCC of an equal employment opportunity program by applicants for a construction permit, assignment of a license, transfer of control, or license renewal. Requires: (1) reports to the FCC by covered entities concerning equal opportunity programs of the entities; and (2) reports to the Congress by the FCC on women and minority participation as employees and owners of telecommunications facilities.

Diversity in Media Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Access to Continued Education Act of 2003''. SEC. 2. HOPE SCHOLARSHIP CREDIT MADE REFUNDABLE; REPEAL OF LIFETIME LEARNING CREDIT. (a) Hope Credit To Be Refundable.--Section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning credits) is hereby moved to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits) and inserted after section 35. (b) Repeal of Lifetime Learning Credit.--Subsection (a) of section 36 of such Code (as moved by subsection (a) and redesignated by subsection (c)) is amended by striking ``the sum of--'' and all that follows and inserting `` the Hope Scholarship Credit.''. (c) Technical Amendments.-- (1) Section 36 of such Code is redesignated as section 37. (2) Section 25A of such Code (as moved by subsection (a)) is redesignated as section 36. (3) Section 36 of such Code (as redesignated by paragraph (2)) is amended as follows: (A) Such section is amended by striking subsection (c) and redesignating subsections (d) through (i) as subsections (c) through (h), respectively. (B) Subsection (f)(2)(A) of such section (as amended by subparagraph (A)) is amended by striking ``(b), (c), and (d)'' and inserting ``(b) and (c)''. (C) Subsection (g)(2)(A) of such section (as amended by subparagraph (A)) is amended by striking ``subsection (d)(2)'' and inserting ``subsection (c)(2)''. (4) Paragraph (1) of section 36(a) of such Code (as redesignated by paragraph (2)) is amended by striking ``this chapter'' and inserting ``this subtitle''. (5) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 36(f)(2)''. (6) Subparagraph (A) of section 135(d)(2) of such Code is amended by striking ``section 25A'' and inserting ``section 36''. (7) Section 221(e) of such Code is amended-- (A) in paragraph (2)(B), by striking ``section 25A(g)(2)'' and inserting ``section 36(f)(2)'' and by striking ``section 25A(f)(2)'' and inserting ``section 36(e)(2)'', and (B) in paragraph (3), by striking ``section 25A(b)(3)'' and inserting ``section 36(b)(3)''. (8) Section 222 of such Code is amended-- (A) in subsection (c)(2)(A) by striking ``section 25A'' and inserting ``36'', and (B) in subsection (d)(1)-- (i) by striking ``section 25A(f)'' and inserting ``section 36(e)'', and (ii) by striking ``section 25A(g)(2)'' and inserting ``36(f)(2)''. (9) Section 529 of such Code is amended-- (A) in subsection (c)(3)(B)(v)(I) by striking ``section 25A(g)(2)'' and inserting ``section 36(f)(2)'', (B) in subsection (c)(3)(B)(v)(II) by striking ``section 25A'' and inserting ``section 36'', and (C) in subsection (e)(3)(B)(i) by striking ``section 25A(b)(3)'' and inserting ``section 36(b)(3)''. (10) Section 530(d) of such Code is amended-- (A) in paragraph (2)(C)(i)(I) by striking ``section 25A(g)(2)'' and inserting ``section 36(f)(2)'', (B) in paragraph (2)(C)(i)(II) by striking ``section 25A'' and inserting ``section 36'', and (C) in paragraph (4)(B)(iii) by striking ``section 25A(g)(2)'' and inserting ``section 36(f)(2)''. (11) Subsection (e) of section 6050S of such Code is amended by striking ``section 25A (without regard to subsection (g)(2) thereof)'' and inserting ``section 36 (without regard to subsection (f)(2) thereof)''. (12) Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking ``section 25A(g)(1)'' and inserting ``section 36(f)(1)''. (13) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (14) The heading for section 36 of such Code is amended to read as follows: ``SEC. 36. HOPE SCHOLARSHIP CREDIT.''. (15) 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 item relating to section 36 and inserting the following: ``Sec. 36. Hope and Lifetime Learning credits. ``Sec. 37. Overpayments of tax.'' (16) The table of sections for subpart A of such part IV is amended by striking the item relating to section 25A. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 3. EXPANSION OF HOPE SCHOLARSHIP CREDIT. (a) Eligible Student.--Paragraph (3) of section 36(b) of the Internal Revenue Code of 1986 (as amended by section 2) is amended to read as follows: ``(3) Eligible student.--For purposes of this section-- ``(A) In general.--Except as provided in subparagraph (B), the term `eligible student' means, with respect to any academic period, a student who meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section. ``(B) Special rule for job skills courses.--In the case of any course of instruction at an eligible educational institution to acquire or improve job skills of the individual, such term means the individual.''. (b) Repeal of Limitations Relating to Credit Allowed Only for First 2 Years of Postsecondary Education and Convictions for Certain Offenses.--Paragraph (2) of section 36(b) of such Code (as amended by section 2) is amended by striking subparagraphs (C) and (D). (c) Increase in Credit Amount.-- (1) In general.--Paragraph (1) of section 36(b) of such Code (as amended by section 2) is amended-- (A) in subparagraph (A) by striking ``$1,000'' and inserting ``$1,500'', and (B) in subparagraph (B) by striking ``applicable limit'' and inserting ``$2,500''. (2) Inflation adjustment.--Subparagraph (A) of section 36(h)(1) of such Code (as amended by section 2) is amended-- (A) by striking ``2001'' and inserting ``2005'', and (B) by striking ``$1,000'' and inserting ``dollar''. (d) Hope Scholarship Credit Not Reduced by Federal Pell Grants and Supplemental Educational Opportunity Grants.--Subsection (f) of section 36 of such Code (as amended by section 2) is amended by adding at the end the following new paragraph: ``(8) Pell and seog grants.--For purposes of the Hope Scholarship Credit, paragraph (2) shall not apply to amounts paid for an individual as a Federal Pell Grant or a Federal supplemental educational opportunity grant under subparts 1 and 3, respectively, of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a and 1070b et seq., respectively).''. (e) Qualified Tuition and Related Expenses Expanded to Include Books, Supplies, Equipment, and Job Skill Courses.-- (1) In general.--Paragraph (1) of section 36(e) of such Code (as amended by section 2)) is amended by adding at the end the following new subparagraphs: ``(D) Additional expenses allowed for hope scholarship credit.--For purposes of the Hope Scholarship Credit, such term shall include fees, books, supplies, and equipment required for courses of instruction at the eligible educational institution. ``(E) Job skills courses.--Such term shall include expenses described in subparagraph (A) (determined after the application of subparagraphs (B) and (C)) with respect to any course of instruction at an eligible educational institution to acquire or improve job skills of the individual.''. (2) Expanded hope expenses not subject to information reporting requirements.--Subsection (e) of section 6050S of such Code (as amended by section 2) is amended by striking ``subsection (f)(2)'' and inserting ``subsections (e)(1)(D) and (e)(2)''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Personal Access to Continued Education Act of 2003 - Amends the Internal Revenue Code to: (1) repeal the Lifetime Learning Credit; (2) make the Hope Credit refundable; (3) increase the Hope Credit; (4) specify that such credit shall not be reduced by either Pell grants or supplemental educational opportunity grants; and (5) allow additional qualifying expenses for such credit, including job skills courses.

To amend the Internal Revenue Code of 1986 to increase and enhance the Hope Scholarship Credit and to repeal the Lifetime Learning Credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Derek M. Hodge Virgin Islands Improvement Act of 2011''. SEC. 2. TAX-FREE DISTRIBUTIONS FROM CERTAIN RETIREMENT PLAN ASSETS INVESTED UNDER A VIRGIN ISLANDS INVESTMENT PROGRAM. (a) In General.--Part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (relating to pension, profit-sharing, stock bonus plans, etc.) is amended by adding at the end the following new section: ``SEC. 409B. TREATMENT OF DISTRIBUTIONS FROM CERTAIN RETIREMENT PLAN ASSETS INVESTED UNDER A VIRGIN ISLANDS INVESTMENT PROGRAM. ``(a) In General.--If an individual under the age of 61 makes a one-time designation of an amount of qualified retirement savings as being under investment by the Virgin Islands Investment Program for at least 30 years, then, as of the close of the 10th year, such amount (and any earnings properly allocable to such amount) shall be treated for purposes of this title-- ``(1) as a designated Roth account in the case of qualified retirement savings described in subsection (b)(1), or ``(2) as a Roth IRA in the case of qualified retirement savings described in subsection (b)(2). No amount shall be includible in gross income by reason of the change in treatment under the preceding sentence. ``(b) Qualified Retirement Savings.--For purposes of this section, the term `qualified retirement savings' means-- ``(1) amounts attributable to elective deferrals under an applicable retirement plan, and ``(2) amounts held in an individual retirement plan which is not a Roth IRA. ``(c) Virgin Islands Investment Program.--For purposes of this section-- ``(1) In general.--The term `Virgin Islands Investment Program' means a program of the Virgin Islands which meets the requirements of paragraphs (2), (3), (4), and (5). ``(2) Maximum amount accepted for management.--A program meets the requirements of this paragraph if the amount accepted for management under the program does not exceed $50,000,000,000. ``(3) Fees and taxes.--A program meets the requirements of this paragraph if-- ``(A) the fees charged by investment managers under the program do not exceed the fees customarily imposed by investment managers for managing like qualified retirement savings outside the Virgin Islands Investment Program, ``(B) the program imposes an annual tax (in addition to the fees permitted under subparagraph (A)) equal to-- ``(i) 1.5 percent of the amount designated for management under the program for the first 10 years of the account, and ``(ii) 1 percent of the amount designated for management under the program for the remainder of the life of the account without regard to account balance, and ``(C) the 1 percent tax is imposed notwithstanding the Roth designation. ``(4) Investment manager.--A program meets the requirements of this paragraph if the investment managers under the program are chosen by the Governor of the Virgin Islands. ``(5) Separate accounting.--A program meets the requirements of this paragraph if the program-- ``(A) establishes separate accounts for each type of qualified retirement savings held for the benefit of each individual and any earnings properly allocable to such assets, and ``(B) maintains separate recordkeeping with respect to each account. ``(d) Use of 1 Percent Annual Tax.-- ``(1) Revenues to the virgin islands during first 20 years.-- ``(A) In general.--Revenues from the tax referred to in subsection (c)(3)(B) shall be collected, held, and distributed for the benefit of the Virgin Islands in a manner similar to section 7652(b) (relating to rum excise tax). ``(B) Distributions to virgin islands.--Funds and accrued interest described in subsection (d)(1)(A) may be paid from escrow to the Virgin Islands for expenditure only if-- ``(i) the expenditure is pursuant to a qualified infrastructure development plan, and ``(ii) the expenditure is approved by the Secretary of the Interior as being pursuant to such plan. ``(C) Qualified infrastructure development plan.-- For purposes of this paragraph, the term `qualified infrastructure development plan' means a plan for improving and enhancing the infrastructure of the Virgin Islands which is-- ``(i) developed and approved by the committee described in subparagraph (D), and ``(ii) approved by the Governor of the Virgin Islands. ``(D) Committee.--The committee described in this subparagraph is a committee-- ``(i) comprised of 5 members, each serving a term of either three or five years-- ``(I) 2 of whom are appointed by the Governor of the Virgin Islands, one for a 3-year and one for a 5-year term, ``(II) 2 of whom are appointed by the Virgin Islands legislature, one for a 3-year and one for a 5-year term, and ``(III) 1 of whom is appointed by the Secretary of the Interior for a 5- year term, and ``(ii) with respect to which a vacancy is filled in the manner in which the original appointment was made. ``(2) Revenues to the united states and the virgin islands.-- ``(A) During first 20 years.--Revenues from the fee referred to in subsection (c)(3)(B) imposed on designated assets after the first 10 years under management by the Virgin Islands Investment Program shall be collected by the United States Treasury in a manner similar to section 7652, upon which-- ``(i) \1/3\ of the proceeds shall be distributed to the Virgin Islands for the first 10 years of management, and ``(ii) half of the proceeds shall be distributed to the Virgin Islands for the next 10 years of management. ``(B) After the first 20 years.--Beginning in the 21st year, the entire 1 percent tax collected shall be retained by the United States Treasury. ``(C) Minimum holding period.--No withdrawals may be made by an investor from the account during the minimum holding period of ten years. Should the investor choose to withdraw money from the account during the minimum holding period, the investor would forfeit the tax advantages of the Fund. Any funds so withdrawn would be included in gross income and subject to Federal income tax, minus payments of the 1 percent tax. ``(3) Early withdrawal.--Should an investor withdraw the entire balance of the funds after the 10-year minimum holding period but before the end of the 30 years, his account will be liable for the entire 1 percent tax for each of the remaining years. ``(e) Other Definitions.--For purposes of this section-- ``(1) Elective deferrals; applicable retirement plan.--The terms `elective deferrals' and `applicable retirement plan' have the respective meanings given such terms by section 402A. ``(2) Virgin islands.--The term `Virgin Islands' means the United States Virgin Islands. ``(3) Secretary of the interior.--The term `Secretary of the Interior' means the Secretary of the Interior or his designee.''. (b) Clerical Amendment.--The table of sections for such part I is amended by adding at the end the following new item: ``Sec. 409B. Treatment of distributions from certain retirement plan assets invested under a Virgin Islands investment program.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Derek M. Hodge Virgin Islands Improvement Act of 2011 - Amends the Internal Revenue Code to provide for a reduction of taxes on distributions from certain retirement savings plans designated by an individual under the age of 61 as being under investment by the Virgin Islands Investment Program for at least 30 years. Defines "Virgin Islands Investment Program" for purposes of this Act as a fund with managed amounts of $50 billion or less. Imposes a 1.5% annual tax for 10 years, and 1% thereafter, on managed funds to benefit Virgin Island infrastructure development.

To amend the Internal Revenue Code of 1986 to assist in the recovery and development of the Virgin Islands by providing for a reduction in the tax imposed on distributions from certain retirement plans' assets which are invested for at least 30 years, subject to defined withdrawals, under a Virgin Islands investment program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Drill Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) The April 20, 2010, explosion and sinking of the mobile offshore drilling unit Deepwater Horizon resulted in the largest discharge of petroleum in the history of the United States. (2) The disaster has cost the Nation tens of billions of dollars in economic damages and widespread devastation of natural resources. (3) For more than three months, tens of thousands of barrels of oil have been discharged into the Gulf of Mexico by the Deepwater Horizon oil spill. (4) Evidence shows that the use of acoustic switches and blowout preventers can greatly reduce the chance of an uncontrolled oil spill. (5) BP p.l.c. has already spent more than $4,000,000,000 in direct response to the Deepwater Horizon oil spill. (6) The total cost of the Deepwater Horizon oil spill will likely soar past the $20,000,000,000 claims fund established by BP p.l.c. for the Deepwater Horizon oil spill. (7) Acoustic switches cost approximately $500,000 per oil well. SEC. 3. CONDITIONS FOR THE ISSUANCE OF NEW OFFSHORE OIL AND GAS LEASES. Section 8(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(d)) is amended by inserting ``(1)'' after ``(d)'', and by adding at the end the following new paragraph: ``(2) The Secretary shall require, as a condition and term of any oil and gas lease under this section, that the lessee certify that the lessee will-- ``(A) use the best available technology for all operations under the lease, including acoustic sensors; and ``(B) adopt and implement a comprehensive plan to respond to and clean up any discharge of oil occurring in operation under the lease.''. SEC. 4. REQUIREMENTS FOR EXISTING OFFSHORE OIL AND GAS LEASES. (a) Best Available Technology.-- (1) Certification requirement.--The Secretary of the Interior shall require that each person that on the date of the enactment of this Act holds an oil and gas lease issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) must certify, by not later than 6 months after the date of enactment of this Act, that they use the best available technology in all operations under the lease. (2) Termination of operations.--The Secretary-- (A) may order such a person to suspend operations if the person has not made the certification required under paragraph (1) by not later than 6 months after the date of enactment of this Act; and (B) shall cancel the lease if the person has not made the certification required under paragraph (1) by not later than 18 months after the date of enactment of this Act. (b) Comprehensive Response Plan.-- (1) Certification requirement.--The Secretary of the Interior shall require that each person that on the date of the enactment of this Act holds an oil and gas lease issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) must certify, by not later than 6 months after the date of enactment of this Act, that they have adopted and implemented a comprehensive plan to respond to and clean up any discharge of oil occurring in operation under the lease. (2) Termination of operations.--The Secretary-- (A) may order such a person to suspend operations if the person has not made the certification required under paragraph (1) by not later than 6 months after the date of enactment of this Act; and (B) shall cancel the lease if the person has not made the certification required under paragraph (1) by not later than 18 months after the date of enactment of this Act. SEC. 5. REVIEW OF BLOWOUT PREVENTERS, EMERGENCY SHUTOFF SYSTEMS, AND OTHER OIL DISCHARGE PREVENTION TECHNOLOGY. Section 5(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(b)) is amended by inserting ``(1)'' after ``(b)'', and by adding at the end the following new paragraph: ``(2) The Secretary of the Interior shall-- ``(A) to review blowout preventers, emergency shutoff systems, and other oil discharge prevention technology (including emerging technology) that is or may be used for oil and gas drilling operations under leases under this Act; and ``(B) revise regulations under this Act governing the use of such technology as necessary based on that review.''.

Safe Drill Act of 2010 - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of the Interior to precondition a new oil or gas lease upon the lessee's certification that the lessee will: (1) use the best available technology for all operations under the lease, including acoustic sensors; and (2) adopt and implement a comprehensive plan to respond to and clean up any discharge of oil occurring in lease operations. Directs the Secretary to require each person holding an existing oil or gas lease to make such a certification within six months after enactment of this Act. Empowers the Secretary to order suspension of operations and cancel the lease if such a certification is not forthcoming within the deadline. Requires the Secretary to: (1) review blowout preventers, emergency shutoff systems, and other oil discharge prevention technology (including emerging technology) used for oil and gas drilling operations; and (2) revise as necessary regulations governing the use of such technology based upon such review.

To amend the Outer Continental Shelf Lands Act to establish conditions for the issuance of oil and gas leases under that Act to prevent discharges of oil in operations under such leases, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Illegal Immigration Enforcement and Social Security Protection Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Bonner Plan, as reflected in the terms of this Act, is an appropriate response to the need to improve procedures to preclude unauthorized employment of aliens and prevent the entry of terrorists into the United States. (2) The economic disparity between the United States and other countries is a prime factor in the desire of foreign nationals to enter the United States illegally. (3) Federal law prohibits the employment of such illegal immigrants in the United States. (4) Nonetheless, illegal immigrants routinely find employment within the United States. (5) Such employment of illegal immigrants undermines our system of lawful immigration and has a negative impact on job opportunities for American workers. (6) Employers in the United States currently have difficulty establishing the veracity of the identity documents of prospective employees in order to verify their work eligibility. (7) Pilot programs undertaken by the Federal Government demonstrate that a nationwide employment verification system is feasible. (8) Social Security cards are routinely required to be presented to employers by new employees. (9) Social Security cards remain vulnerable to counterfeiting and fraud. (10) Social Security cards with improved defenses against fraudulent use would serve as the best vehicle by which to determine employment eligibility. (11) The Social Security card should not become a national identification card. SEC. 3. AMENDMENTS TO THE SOCIAL SECURITY ACT RELATING TO IDENTIFICATION OF INDIVIDUALS. (a) Antifraud Measures for Social Security Cards.--Section 205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is amended-- (1) by inserting ``(i)'' after ``(G)''; (2) by striking ``banknote paper'' and inserting ``durable plastic or similar material''; and (3) by adding at the end the following new clauses: ``(ii) Each Social Security card issued under this subparagraph shall include an encrypted electronic identification strip which shall be unique to the individual to whom the card is issued. The Commissioner shall develop such electronic identification strip in consultation with the Secretary of Homeland Security, so as to enable employers to use such strip in accordance with section 5(b) of Illegal Immigration Enforcement and Social Security Protection Act of 2004 to obtain access to the Employment Eligibility Database established by such Secretary pursuant to section 4 of such Act with respect to the individual to whom the card is issued. ``(iii) The Commissioner shall provide for the issuance (or reissuance) to each individual who-- ``(I) has been assigned a Social Security account number under subparagraph (B), ``(II) has attained the minimum age applicable, in the jurisdiction in which such individual engages in employment, for legally engaging in such employment, and ``(III) files application for such card under this clause in such form and manner as shall be prescribed by the Commissioner, a Social Security card which meets the preceding requirements of this subparagraph and which includes a recent photograph of the individual to whom the card is issued. ``(iv) The Commissioner shall maintain an ongoing effort to develop measures in relation to the Social Security card and the issuance thereof to preclude fraudulent use thereof.''. (b) Sharing of Information With the Secretary of Homeland Security.--Section 205(c)(2) of such Act is amended by adding at the end the following new subparagraph: ``(I) Upon the issuance of a Social Security account number under subparagraph (B) to any individual or the issuance of a Social Security card under subparagraph (G) to any individual, the Commissioner of Social Security shall transmit to the Secretary of Homeland Security such information received by the Commissioner in the individual's application for such number or such card as such Secretary determines necessary and appropriate for administration of the Illegal Immigration Enforcement and Social Security Protection Act of 2004. Such information shall be used solely for inclusion in the Employment Eligibility Database established pursuant to section 4 of the Illegal Immigration Enforcement and Social Security Protection Act of 2004.''. (c) Effective Dates.--The amendment made by subsection (a) shall apply with respect to Social Security cards issued after 2 years after the date of the enactment of this Act. The amendment made by subsection (b) shall apply with respect to the issuance of Social Security account numbers and Social Security cards after 2 years after the date of the enactment of this Act. SEC. 4. EMPLOYMENT ELIGIBILITY DATABASE. (a) In General.--The Secretary of Homeland Security shall establish and maintain an Employment Eligibility Database. The Database shall include data comprised of the citizenship status of individuals and the work and residency eligibility information (including expiration dates) with respect to individuals who are not citizens or nationals of the United States but are authorized to work in the United States. Such data shall include all such data maintained by the Department of Homeland Security as of the date of the establishment of such database and information obtained from the Commissioner of Social Security pursuant to section 205(c)(2)(I) of the Social Security Act. The Secretary shall maintain ongoing consultations with the Commissioner to ensure efficient and effective operation of the Database. (b) Incorporation of Ongoing Pilot Programs.--To the extent that the Secretary determines appropriate in furthering the purposes of subsection (a), the Secretary may incorporate the information, processes, and procedures employed in connection with the Citizen Attestation Verification Pilot Program and the Basic Pilot Program into the operation and maintenance of the Database under subsection (a). (c) Confidentiality.--No officer or employee of the Department of Homeland Security shall have access to any information contained in the Database for any purpose other than the establishment of a system of records necessary for the effective administration of this Act. The Secretary shall restrict access to such information to officers and employees of the United States whose duties or responsibilities require access for the administration or enforcement of the provisions of this Act. The Secretary shall provide such other safeguards as the Secretary determines to be necessary or appropriate to protect the confidentiality of information contained in the Database. (d) Deadline for Meeting Requirements.--The Secretary shall complete the establishment of the Database and provide for the efficient and effective operation of the Database in accordance with this section not later than 2 years after the date of the enactment of this Act. SEC. 5. REQUIREMENTS RELATING TO INDIVIDUALS COMMENCING WORK IN THE UNITED STATES. (a) Requirements for Employees.--No individual may commence employment with an employer in the United States unless such individual has-- (1) obtained a Social Security card issued by the Commissioner of Social Security meeting the requirements of section 205(c)(2)(G)(iii) of the Social Security Act, and (2) displayed such card to the employer pursuant to the employer's request for purposes of the verification required under subsection (b). (b) Requirements for Employers.-- (1) In general.--No employer may hire for employment an individual in the United States in any capacity unless such employer verifies under this subsection that such individual has in his or her possession a Social Security card issued to such individual pursuant to section 205(c)(2)(G) of the Social Security Act which bears a photograph of such individual and that such individual is authorized to work in the United States in such capacity. Such verification shall be made in accordance with procedures prescribed by the Secretary for the purposes of ensuring against fraudulent use of the card and accurate and prompt verification of the authorization of such individual to work in the United States in such capacity. (2) Verification procedures.--Such procedures shall include use of-- (A) a phone verification system which shall be established by the Secretary, or (B) a card-reader device approved by the Secretary as capable of reading the electronic identification strip borne by the card so as to verify the identity of the card holder and the card holder's authorization to work. (3) Access to database.--The Secretary shall ensure that, by means of such procedures, the employer will have such access to the Employment Eligibility Database maintained by the Secretary as to enable the employer to obtain information, relating to the citizenship, residency, and work eligibility of the individual seeking employment by the employer in any capacity, which is necessary to inform the employer as to whether the individual is authorized to work for the employer in the United States in such capacity. (c) Effective Date.--The requirements of this section shall apply with respect to the employment of any individual in any capacity commencing after 2 years after the date of the enactment of this Act. SEC. 6. ENFORCEMENT. (a) Civil Penalties.--The Secretary may assess a penalty, payable to the Secretary, against any employer who-- (1) hires an individual for employment in the United States in any capacity who is known by the employer not to be authorized to work in the United States in such capacity, or (2) fails to comply with the procedures prescribed by the Secretary pursuant to section 5 in connection with the employment of any individual. Such penalty shall not exceed $50,000 for each occurrence of a violation described in paragraph (1) or (2) with respect to the individual, plus, in the event of the removal or deportation of such individual from the United States based on findings developed in connection with the assessment or collection of such penalty, the costs incurred by the Federal Government in connection with such removal or deportation. (b) Actions by the Secretary.--If any person is assessed under subsection (a) and fails to pay the assessment when due, or any person otherwise fails to meet any requirement of this Act, the Secretary may bring a civil action in any district court of the United States within the jurisdiction of which such person's assets are located or in which such person resides or is found for the recovery of the amount of the assessment or for appropriate equitable relief to redress the violation or enforce the provisions of this section, and process may be served in any other district. The district courts of the United States shall have jurisdiction over actions brought under this section by the Secretary without regard to the amount in controversy. (c) Criminal Penalty.--Any person who-- (1) hires for employment any individual in the United States in any capacity who such person knows not to be authorized to work in the United States in such capacity, or (2) hires for employment any individual in the United States and fails to comply with the procedures prescribed by the Secretary pursuant to section 5(b) in connection with the hiring of such individual, shall upon conviction be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both. SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS. (a) Department of Homeland Security.--There are authorized to be appropriated to the Department of Homeland Security for each fiscal year beginning on or after October 1, 2004, such sums as are necessary to carry out the provisions of this Act, including not to exceed $100,000,000 to enforce the provisions of this Act. (b) Social Security Administration.--There are authorized to be appropriated to the Social Security Administration for each fiscal year beginning on or after October 1, 2004, such sums as are necessary to carry out the amendments made by section 3. SEC. 8. INTEGRATION OF FINGERPRINTING DATABASES. The Secretary of Homeland Security and the Attorney General of the United States shall jointly undertake to integrate the border-patrol fingerprinting identification system maintained by the Department of Homeland Security with the fingerprint database maintained by the Federal Bureau of Investigation. The integration of databases pursuant to this section shall be completed not later than 2 years after the date of the enactment of this Act. SEC. 9. ADDITIONAL AUTHORIZATION FOR HIRING OF BORDER PATROL AGENTS. In addition to such sums as are otherwise authorized, there is authorized to be appropriated to the Department of Homeland Security for each fiscal year beginning on or after October 1, 2004, $50,000,000 for employment of border patrol agents. SEC. 10. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to establish a national identification card, and it is the policy of the United States that the Social Security card shall not be used as a national identification card.

Illegal Immigration Enforcement and Social Security Protection Act of 2004 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require inclusion of encrypted electronic identification strips on Social Security cards. Requires the Commissioner of Social Security to: (1) develop the strip in a manner that enables employers to access the Employment Eligibility Database (EED) established by this Act; and (2) transmit to the Secretary of Homeland Security necessary information from an individual's application for a Social Security card or number (as determined by the Secretary) for inclusion in the EED. Directs the Secretary to establish and maintain the EED. Requires the EED to include data on the citizenship status and work and residency eligibility of noncitizens authorized to work in the United States. Restricts access to EED information. Prohibits individuals from commencing employment with a U.S. employer absent a Social Security card that meets the requirements of this Act and presentation of such card to the employer. Prohibits employers from hiring individuals absent verification of identity and work authorization. Authorizes the Secretary to: (1) assess penalties against employers who knowingly hire unauthorized workers or fail to comply with verification procedures; and (2) bring civil actions against those who fail to pay assessments or otherwise violate this Act. Establishes criminal penalties for such violations. Mandates integration of Border Patrol and Federal Bureau of Investigation fingerprint databases. States that nothing in this Act shall be construed to establish a national identification card.

To enforce restrictions on employment in the United States of unauthorized aliens through the use of improved social security cards and an Employment Eligibility Database, and for other purposes.

SECTION 1. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the Commission on Environment and Development (hereinafter in this Act referred to as the ``Commission''). SEC. 2. FUNCTIONS OF COMMISSION. (a) In General.--The Commission shall-- (1) monitor the actions of the signatories to documents of the United Nations Conference on Environment and Development that reflect compliance with or violation of the goals of-- (A) the Articles of Agenda 21 of the United Nations Conference on Environment and Development, (B) the Statement of Principles on the Maintenance, Conservation, and Development of All Forests, (C) the United Nations Framework Convention on Climate Change, and (D) the Convention on Biological Diversity; (2) monitor and encourage the development of programs and activities by the United States Government and private organization with a view toward advancing the objectives of the United Nations Conference on Environment and Development; and (3) review reports submitted by countries to the United Nations Commission on Sustainable Development, including those submitted by the United States. (b) Public Participation.--In carrying out its functions, the Commission shall consult with and draw upon the expertise of United States and foreign nongovernmental organizations, citizens' groups, and other public and private bodies concerned with international and national environmental and sustainable development issues. SEC. 3. MEMBERSHIP OF COMMISSION. (a) In General.--The Commission shall be composed of 11 members as follows: (1) Four Members of the House of Representatives appointed by the Speaker of the House of Representatives. Two members shall be selected from the majority party and two shall be selected, after consultation with the minority leader of the House, from the principal minority party. (2) Four Members of the Senate appointed by the President of the Senate. Two members shall be selected from the majority party and two shall be selected, after consultation with the minority leader of the Senate, from the minority party. (3) The Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs. (4) The Administrator of the Environmental Protection Agency. (5) The Chairman of the Council on Environmental Quality. (b) Chair and Cochair.-- (1) In general.--There shall be a Chair and a Cochair of the Commission. (2) Appointment.--(A) At the beginning of each odd-numbered Congress, the Speaker of the House of Representatives shall designate one of the House Members as Chair of the Commission. At the beginning of each even-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the Senate Members as Chair of the Commission. (B) At the beginning of each odd-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the Senate Members as Cochair of the Commission. At the beginning of each even-numbered Congress, the Speaker of the House of Representatives shall designate one of the House Members as Cochair of the Commission. SEC. 4. REPORTS TO AND BY THE COMMISSION. (a) Reports to the Commission.--In order to assist the Commission in carrying out its duties, the President shall submit to the Commission semiannual reports which shall include-- (1) a detailed survey of actions by signatories of documents of the United Nations Conference on Environment and Development that reflect compliance with or violation of the goals of those documents; and (2) a listing and description of present or planned programs and activities of the appropriate agencies of the executive branch advancing the objectives of the United Nations Conference on Environment and Development. (b) Reports by the Commission.--The Commission shall report to the House of Representatives and the Senate on a periodic basis with respect to the matters described in section 2(a), and shall provide information to Members of the House of Representatives and Senate as requested. SEC. 5. INVESTIGATIVE POWERS OF THE COMMISSION. In carrying out this Act, the Commission may require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents as it deems necessary. Subpoenas may be issued over the signature of the Chair of the Commission or such other member of the Commission as the Chair may designate. The Chair of the Commission, or any member designated by the Chair, may administer oaths to any witness. SEC. 6. STAFF OF THE COMMISSION. The Commission may employ individuals for its staff, who shall be considered to be congressional employees (as defined in section 2107 of title 5, United States Code) for purposes of pay and other employment benefits, rights, and privileges and for all other purposes. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there is authorized to be appropriated to the Commission for each fiscal year such sums as may be necessary, which are authorized to remain available until expended.

Establishes the Commission on Environment and Development to: (1) monitor the actions of the signatories to documents of the United Nations Conference on Environment and Development (UNCED) that reflect compliance with or violations of the goals of the Articles of Agenda 21 of UNCED, the Statement of Principles on the Maintenance, Conservation, and Development of All Forests, the United Nations Framework Convention on Climate Change, and the Convention on Biological Diversity; (2) monitor and encourage the development of U.S. Government and private programs with a view toward advancing the objectives of UNCED; and (3) review reports submitted by countries to the United Nations Commission on Sustainable Development. Authorizes appropriations.

To establish a Commission on Environment and Development.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Sumner Project Title Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) District.--The term ``District'' means the Fort Sumner Irrigation District, located in De Baca County, New Mexico. (2) Forbearance agreement.--The term ``Forbearance Agreement'' means the contract between the United States and the District for the forbearance of exercising priority water rights numbered 08-WC-40-292 and dated August 21, 2009 (including any amendments to that contract). (3) Project.--The term ``Project'' means the Fort Sumner reclamation project. (4) Repayment contract.--The term ``Repayment Contract'' means the contract between the United States and the District numbered Ilr-1524 and dated November 5, 1948 (including any supplements and amendments to that contract). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Transfer agreement.--The term ``Transfer Agreement'' means the agreement entitled ``Memorandum of Agreement between the United States and the Fort Sumner Irrigation District Concerning Principles and Elements of Proposed Transfer of Title to Fort Sumner Irrigation District Facilities'' and numbered 11-WC-40-406 (including any amendments to that agreement). SEC. 3. CONVEYANCE. (a) In General.--The Secretary is authorized to convey to the District all right and title of the United States in and to all works, land, and facilities of the Project, in accordance with the terms and conditions established in the Transfer Agreement. (b) Valid Existing Rights.--The conveyance under this section shall be subject to all valid existing leases, permits, rights-of-way, easements, and other rights appurtenant to the property conveyed. (c) Costs of Conveyance.--The costs of the conveyance under this section, including the costs of environmental compliance, may be shared between the United States and the District, in accordance with the Transfer Agreement. (d) Compliance With Environmental Laws.-- (1) In general.--In carrying out the conveyance under subsection (a), the Secretary shall comply with all applicable requirements under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) any other law applicable to the property conveyed. (2) Effect.--Nothing in this Act modifies or alters any obligation under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (e) Failure To Convey.--If the Secretary fails to complete the conveyance under this section by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that-- (1) explains the reasons why the conveyance has not been completed; and (2) states the date by which the conveyance will be completed. SEC. 4. LIABILITY. (a) In General.--Effective on the date of the conveyance under section 3, the United States-- (1) shall have no further interest in, and shall have no responsibility for operating or maintaining, the Project; and (2) shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property, except for damages caused by acts committed by the United States or employees, agents, or contractors of the United States before the date of the conveyance. (b) Effect of Section.--Nothing in this section increases the liability of the Untied States beyond the liability provided under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''). SEC. 5. TERMINATION OF REPAYMENT CONTRACT. Effective beginning on the date of the conveyance under section 3-- (1) the Repayment Contract shall terminate; and (2) the United States and the District shall have no obligations under the Repayment Contract. SEC. 6. FORBEARANCE AGREEMENT. (a) Payment Obligation.--In accordance with paragraph 4(a) of the Forbearance Agreement, effective beginning on the date of termination of the Repayment Contract under section 5, the United States shall have no payment obligation under paragraph 4(a) of the Forbearance Agreement. (b) Other Terms and Conditions.--All other terms and conditions of the Forbearance Agreement shall remain in full force and effect on termination of the Repayment Contract under section 5. (c) Term.--The term of the Forbearance Agreement shall be not less than 10 years after the date of enactment of this Act. SEC. 7. FUTURE BENEFITS. Effective beginning on the date of the conveyance under section 3, no additional amounts from the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093), shall be provided for the conveyed land or facilities due to the status of the land and facilities as part of a reclamation project.

Fort Sumner Project Title Conveyance Act - Authorizes the Secretary of the Interior to convey to the Fort Sumner Irrigation District, located in De Baca County, New Mexico, all works, land, and facilities of the Fort Sumner reclamation project in accordance with the Memorandum of Agreement between the United States and the Fort Sumner Irrigation District Concerning Principles and Elements of Proposed Transfer of Title to Fort Sumner Irrigation District Facilities. Requires the Secretary to report to Congress if such conveyance isn't completed within one year. Terminates, on the date of such conveyance: (1) U.S. interest in, responsibility for, and liability relating to such property; (2) a specified repayment contract between the United States and the District dated November 5, 1948; and (3) a specified payment obligation of the United States under the contract between the United States and the District for the forbearance of exercising priority water rights, dated August 21, 2009. Provides that all other terms of such forbearance agreement shall remain in effect for not less than 10 years after this Act's enactment. Prohibits, effective on the date of such conveyance, any additional amounts from the reclamation fund established by the Act of June 17, 1902, from being provided for the conveyed land or facilities due to their status as part of a reclamation project.

A bill to transfer certain facilities, easements, and rights-of-way to Fort Sumner Irrigation District, New Mexico.

SECTION 1. DEFINITION. In this Act, the term ``agency''-- (1) means an executive agency as defined under section 105 of title 5, United States Code; and (2) does not include the Department of Defense. SEC. 2. REDUCTION IN THE NUMBER OF FEDERAL EMPLOYEES. (a) Determination of Number of Employees.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall determine the number of full-time employees employed in each agency. The head of each agency shall cooperate with the Director of the Office of Management and Budget in making the determinations. (b) Reductions.-- (1) In general.--Notwithstanding any other provision of law, the head of each agency shall take such actions as necessary, including a reduction in force under sections 3502 and 3595 of title 5, United States Code, to reduce the number of full-time employees employed in that agency as determined under subsection (a) by 20 percent. (2) Time period for reductions.-- (A) In general.--Except as provided under subparagraph (B), the head of each agency shall complete the reductions under paragraph (1) not later than 1 year after the date of enactment of this Act. (B) Extensions.-- (i) First extension.--The head of an agency may extend the 1-year period described under subparagraph (A) by a 180-day period, if the head of that agency submits a report to Congress that includes an explanation of the reasons the extension is necessary to complete the reductions. (ii) Second extension.--The head of an agency may extend the 1-year period described under subparagraph (A) which was extended under clause (i) of this subparagraph by an additional 180-day period, if the head of that agency submits a report to Congress that includes-- (I) an explanation of the reasons the extension is necessary to complete the reductions; (II) a plan detailing the completion of the reductions; and (III) any recommendation for legislation to provide for the completion of the reductions. (c) Elimination of Duplication and Restructuring.--In making reductions under subsection (b), the head of each agency shall-- (1) minimize the duplication of functions by employees within the agency; and (2) restructure employee responsibilities to carry out all essential tasks of the agency. (d) Reports.--Not later than 30 days after the end of each fiscal year in which reductions are made under this section, the head of each agency shall submit a report to Congress on-- (1) the actions taken by that agency to carry out this section; (2) the restructuring of employees within the agency; and (3) the savings resulting to the Federal Government by the reductions in salaries and expenses from the reductions in employees and restructuring under this section, including unexpended appropriations returned to the United States Treasury. SEC. 3. FREEZE IN COMPENSATION FOR FEDERAL EMPLOYEES AT NON-DEFENSE AGENCIES. (a) Pay.--Notwithstanding any other provision of law, during fiscal years 2011, 2012, and 2013 no adjustment shall be made with respect to any employee of an agency-- (1) in the rates of basic pay under section 5303 of title 5, United States Code, or (2) in comparability payments under section 5304 or 5304a of title 5, United States Code. (b) Bonuses.--Notwithstanding any other provision of law, during each of fiscal years 2011, 2012, and 2013 the total amount of bonuses and cash awards (including any performance-based cash awards under section 4505a of title 5, United States Code, or any similar provision of law) paid by an agency may not exceed the total amount of such bonuses and awards paid during fiscal year 2010. SEC. 4. REDUCTION IN APPROPRIATIONS TO THE WHITE HOUSE AND CONGRESS. (a) Appropriations to the White House.--Notwithstanding any other provision of law, the total amount of funds appropriated to the appropriations account under the heading ``The White House'' under the heading ``EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT'' for fiscal year 2011 may not exceed 85 percent of the total amount of funds appropriated to that account during fiscal year 2010. (b) Appropriations to Congress.--Notwithstanding any other provision of law, the total amount of funds appropriated under the headings ``SENATE'' and ``HOUSE OF REPRESENTATIVES'' for fiscal year 2011 may not exceed 85 percent of the total amount of funds appropriated under those headings during fiscal year 2010. SEC. 5. FEDERAL MOTOR VEHICLES. (a) Definition.--In this section, the term ``motor vehicle'' has the meaning given under section 157(a)(1) of title 23, United States Code. (b) Reduction.--Notwithstanding any other provision of law, the total amount of funds appropriated for the acquisition and maintenance of all motor vehicles owned or operated by all agencies for fiscal year 2011 may not exceed 80 percent of the total amount of funds appropriated for the acquisition and maintenance of all motor vehicles owned or operated by all agencies during fiscal year 2010.

Requires the Director of the Office of Management and Budget (OMB) to determine the number of full-time employees in each executive agency with the cooperation of each agency head. Excludes the Department of Defense (DOD) from the definition of "agency" for purpose of this Act. Requires each agency head to take such actions as necessary to reduce the number of full-time employees as determined by OMB by 20% within one year of this Act's enactment. Provides for two 180-day extensions if an agency submits a justification and a plan for completing the reductions. Requires each agency head, in making such reductions, to: (1) minimize the duplication of functions by employees within the agency; (2) restructure employee responsibilities to carry out all essential agency tasks; and (3) report to Congress on actions taken, the restructuring, and resulting savings to the government. Prohibits any adjustment in rates of basic pay or in comparability payments with respect to any employee during FY2011-FY2013. Limits bonuses and cash awards paid by an agency during each such fiscal year to the amount paid during FY2010. Limits the total amount of funds appropriated for FY2011: (1) to the White House and Congress to 85% of the total amount of funds appropriated to them during FY2010; and (2) for acquisition and maintenance of all motor vehicles owned or operated by all agencies to 80% of the total appropriated for that purpose during FY2010.

A bill to provide for reductions in the number of employees in Federal departments and agencies, freeze Federal employee compensation, reduce funding to the White House and Congress, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Investment Promotion Act of 2011''. SEC. 2. CERTAIN PUERTO RICO CORPORATIONS MAY ELECT TO BE TREATED AS DOMESTIC CORPORATIONS. (a) In General.--Subpart D of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 (relating to possessions of the United States) is amended by inserting after section 933 the following new section: ``SEC. 933A. ELECTION BY PUERTO RICO CORPORATIONS TO BE TREATED AS DOMESTIC CORPORATIONS. ``(a) In General.--A qualified Puerto Rico corporation for which an election under this section is in effect for any taxable year shall be treated for such year as a domestic corporation for purposes of this title. ``(b) Qualified Puerto Rico Corporation.--For purposes of this section, the term `qualified Puerto Rico corporation' means any corporation if-- ``(1) the corporation is incorporated under the laws of Puerto Rico, and ``(2) at least 50 percent of its gross income (determined without regard to subsection (c)) for the taxable year is derived from sources within Puerto Rico. ``(c) Exclusion of Puerto Rico Source Income.-- ``(1) In general.--In the case of a qualified Puerto Rico corporation for which an election under this section is in effect for any taxable year, gross income for such year shall not include income derived from sources within Puerto Rico. ``(2) Denial of certain foreign tax credits.--No credit shall be allowed for the amount of taxes paid or accrued to a foreign country or possession of the United States to the extent such taxes are properly allocable to amounts excluded from gross income under paragraph (1). ``(d) Rules Relating to Election.-- ``(1) Period election in effect.-- ``(A) In general.--Except as otherwise provided in this paragraph, an election under this section shall apply to the taxable year for which made and all subsequent taxable years. ``(B) Revocation.-- ``(i) Revocation by corporation.--A corporation may revoke an election under this section for any taxable year only if the election has been in effect for at least the 3 most recent preceding taxable years. ``(ii) Ceasing to be qualified.--An election under this section shall be revoked by the Secretary for any taxable year for which the corporation fails to meet the requirements of subsection (b). ``(iii) Effect of revocation.--Except as provided in subparagraph (C), a revocation under this subparagraph shall apply to the taxable year for which revoked and all subsequent taxable years. ``(C) Election after revocation.--An election under this section may be made after a revocation under subparagraph (B), but the election may not apply to any taxable year before the 4th taxable year following the most recent preceding taxable year for which the election was in effect. ``(2) Effect of making and terminating election.-- ``(A) Making election.--For purposes of section 367, any qualified Puerto Rico corporation making an election under this section shall be treated as transferring (as of the 1st day of the 1st taxable year to which such election applies) all of its assets to a domestic corporation in connection with an exchange to which section 354 applies. ``(B) Effect of termination.--For purposes of section 367, if an election is made by a corporation under this section for any taxable year and such election ceases to apply for any subsequent taxable year, such corporation shall be treated as a domestic corporation transferring (as of the 1st day of such subsequent taxable year) all of its property to a foreign corporation in connection with an exchange to which section 354 applies. ``(C) Intangibles.--For purposes of section 367(d) and the second sentence of section 482, any election made under this section shall be disregarded. ``(e) Denial of Inclusion in Consolidated Return.--A qualified Puerto Rico corporation for which an election under this section is in effect for any taxable year may not be included in any consolidated return under chapter 6.''. (b) Clerical Amendment.--The table of sections for such subpart D is amended by inserting after the item relating to section 933 the following new item: ``Sec. 933A. Election by Puerto Rico corporations to be treated as domestic corporations.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after September 30, 2011.

Puerto Rico Investment Promotion Act of 2011 - Amends the Internal Revenue Code to allow a corporation incorporated under the laws of Puerto Rico and deriving at least 50% of its gross income from sources within Puerto Rico to elect to be treated as a domestic corporation for U.S. tax purposes.

To amend the Internal Revenue Code of 1986 to allow certain Puerto Rico corporations to elect to be treated as domestic corporations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Information Act of 2008''. SEC. 2. OFFICE OF INSURANCE INFORMATION. (a) Duties of Secretary.--Section 321(a) of title 31, United States Code, is amended-- (1) in paragraph (7), by striking ``and'' at the end; (2) in paragraph (8)(C), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(9) advise the President and the Congress on domestic and international policy issues in connection with all lines of insurance except health insurance.''. (b) Establishment of Office.--Subchapter I of chapter 3 of title 31, United States Code, is amended-- (1) by transferring and inserting section 312 after section 313; (2) by redesignating sections 313 and 312 (as so transferred) as sections 312 and 314, respectively; and (3) by inserting after section 312 (as so redesignated) the following new section: ``SEC. 313. OFFICE OF INSURANCE INFORMATION. ``(a) Establishment.--There is established within the Department of the Treasury the Office of Insurance Information (in this section referred to as the `Office'). ``(b) Leadership.--The Office shall be headed by a Deputy Assistant Secretary, who shall be appointed by the Secretary of the Treasury. The position of such Deputy Assistant Secretary shall be a career reserved position in the Senior Executive Service. ``(c) Functions.--The Deputy Assistant Secretary who is the head of the Office shall have the authority-- ``(1) pursuant to the direction of the Secretary-- ``(A) to receive, analyze, collect, and disseminate publicly available data and information and issue reports regarding all lines of insurance except health insurance; and ``(B) to establish Federal policy on international insurance matters and ensure that State insurance laws are consistent with agreements relating to such Federal policy entered into by the United States or on its behalf by a designated representative (including the Secretary of the Treasury and the United States Trade Representative) with a foreign government or regulatory entity; and ``(2) to advise the Secretary on major domestic and international insurance policy issues, including matters that affect consumers and insurers, such as bond insurance and other financial guarantee insurance, private mortgage insurance, catastrophe insurance, and reinsurance collateral requirements. ``(d) Scope.--The authority of the Office and the Deputy Assistant Secretary with respect to insurance shall extend to all lines of insurance except health insurance. ``(e) Preemption of State Law.-- ``(1) Standard.--Any law or regulation of any State is preempted to the extent that such law or regulation is inconsistent with Federal policy on international insurance matters set forth in an agreement entered into by the United States or on its behalf by a designated representative (including the Secretary of the Treasury and the United States Trade Representative) with a foreign government or regulatory entity. ``(2) Determination.--Pursuant to the direction of the Secretary, the Deputy Assistant Secretary is authorized to determine whether inconsistencies referred to in paragraph (1) exist and, in the case of any such determination, shall notify the appropriate State of such determination. ``(3) Administrative review.--The State shall have the right to appeal any determination of inconsistency pursuant to paragraph (2) to the Secretary. ``(4) Limitation.--No State may enforce any insurance law or regulation that has been preempted pursuant to this subsection. ``(f) Reports to Congress.--The Deputy Assistant Secretary who is the head of the Office shall submit a report during each Congress to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the financial state of the insurance industry, meaningful trends in the industry, any actions taken by the Office pursuant to subsection (e) (regarding preemption of inconsistent State laws), and any other information as deemed relevant by the Deputy Assistant Secretary or as requested by such Committees. ``(g) Use of Existing Resources.--The Office may employ personnel, facilities, and other Department of the Treasury resources available to the Secretary on the date of enactment of the Insurance Information Act of 2008 in carrying out this section, except as otherwise prohibited by law. ``(h) Retention of Existing Regulatory Authority.--Except to the extent necessary to satisfy the requirements, obligations, and powers granted under this section and the Insurance Information Act of 2008, nothing in this section may be construed to establish any general supervisory or regulatory authority of the Office or the Department of the Treasury over any insurer. ``(i) Advisory Group.-- ``(1) Establishment.--There is hereby established the Advisory Group to the Office of Insurance Information. ``(2) Membership.--The Advisory Group shall consist of no more than 9 members who shall be appointed by the Secretary, and shall include representatives of the National Association of Insurance Commissioners, the Department of Commerce, and the Office of the United States Trade Representative, and such representatives of the insurance industry, consumer groups, and other organizations as the Secretary determines are appropriate. ``(3) Duties.--The Advisory Group shall make recommendations to the Secretary and the Deputy Assistant Secretary who is the head of the Office regarding the function of the Office under subsection (c)(1)(B) and determinations pursuant to subsection (e)(2). ``(j) Authorization of Appropriations.--There are authorized to be appropriated for the Office such sums as may be necessary for each fiscal year.''. (c) Independence in Congressional Testimony and Recommendations.-- Section 111 of Public Law 93-495 (12 U.S.C. 250) is amended by inserting ``the Deputy Assistant Secretary of the Treasury who is the head of the Office of Insurance Information of the Department of the Treasury,'' after ``Office of Thrift Supervision,''. (d) Clerical Amendment.--The table of sections for subchapter I of chapter 3 of title 31, United States Code, is amended by striking the item relating to section 312 and inserting the following new items: ``Sec. 312. Terrorism and Financial Intelligence. ``Sec. 313. Office of Insurance Information. ``Sec. 314. Continuing in office.''.

Insurance Information Act of 2008 - Directs the Secretary of the Treasury to advise the President and Congress on domestic and international policy issues regarding all lines of insurance except health insurance. Establishes within the Department of the Treasury the Office of Insurance Information, headed by a Deputy Assistant Secretary, to: (1) collect, analyze, and disseminate information and issue reports regarding all lines of insurance except health insurance; (2) establish federal policy on international insurance matters and ensure that state insurance laws are consistent with agreements between the United States and a foreign government or regulatory entity; and (3) advise the Secretary on major domestic and international insurance policy issues. Extends the authority of the Office to all lines of insurance except health insurance. Preempts inconsistent state law. Requires the head of the Office to report to specified congressional committees on the financial state and meaningful trends of the insurance industry. Establishes the Advisory Group to the Office of Insurance Information.

To establish an Office of Insurance Information in the Department of the Treasury.

SECTION 1. ENVIRONMENTAL REMEDIATION TAX CREDIT. (a) General Rule.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits allowable) is amended by adding at the end thereof the following new subpart: ``Subpart H--Environmental Remediation Credit ``Sec. 54. Amount of environmental remediation credit. ``Sec. 54A. Designation of eligible States. ``Sec. 54B. Allocation of credit limits. ``Sec. 54C. Definitions and special rules. ``SEC. 54. AMOUNT OF ENVIRONMENTAL REMEDIATION CREDIT. ``(a) General Rule.--For purposes of section 38, the environmental remediation credit determined under this section is 40 percent of the costs-- ``(1) which are paid or incurred by the taxpayer for environmental remediation with respect to any qualified contaminated site which is owned by the taxpayer, and ``(2) which are incurred by the taxpayer pursuant to an environmental remediation plan for such site which was approved by the Administrator of the Environmental Protection Agency. ``(b) Credit May Not Exceed Allocation.--The environmental remediation credit determined under this section with respect to any qualified contaminated site shall not exceed the remediation credit amount allocated to the taxpayer under section 54B with respect to such site. ``(c) Remediation Plan Must Be Completed.-- ``(1) In general.--Except as otherwise provided in paragraph (2)-- ``(A) no environmental remediation credit shall be determined under this section with respect to any qualified contaminated site unless the Administrator of the Environmental Protection Agency certifies the environmental remediation plan for such site has been completed, and ``(B) if such Administrator certifies that such plan has been completed, such credit shall be taken into account under subsection (a) ratably over the 5 taxable year period beginning with the taxable year in which such plan was completed. ``(2) Special rule where extraordinary cost increases.-- If-- ``(A) the taxpayer determines that due to unforeseen circumstances the cost of completing the remediation plan for any qualified contaminated site exceeds 200 percent of the estimated costs of completing such plan, and ``(B) the State or local official administering the remediation credit program agrees with such determination, the taxpayer may cease the implementation of such plan and shall be entitled to an environmental remediation credit with respect to costs incurred before such cessation. Such credit shall be taken into account under subsection (a) ratably over the 5-taxable-year period beginning with the taxable year in which such cessation occurs. ``(d) Certain Parties Not Eligible.--A taxpayer shall not be eligible for any credit determined under this section with respect to any qualified contaminated site if-- ``(1) at any time on or before the date of the enactment of this subpart such taxpayer was the owner or operator of any business on such site, ``(2) at any time before, on, or after such date of enactment such taxpayer-- ``(A) had (by contract, agreement, or otherwise) arranged for the disposal or treatment of any hazardous materials at such site or arranged with a transporter for transport for disposal or treatment of any hazardous materials at such site, or ``(B) had accepted any hazardous materials for transport to such site, or ``(3) the taxpayer is related to any taxpayer referred to in paragraph (1) or (2). ``(e) Qualified Contaminated Site.--For purposes of this subpart, the term `qualified contaminated site' means any contaminated site if such site is within a State designated under section 54A(a) for participation in the environmental remediation credit program. ``(f) Administration by State or Local Government Agencies Permitted.--Any reference in this section, section 144(d), or section 150(b)(7) to the Administrator of the Environmental Protection Agency shall include a reference to the head of any State or local government agency designated by the Administrator to carry out the Administrator's functions under such sections with respect to any site. ``SEC. 54A. DESIGNATION OF ELIGIBLE STATES. ``(a) In General.--The Secretary of Housing and Urban Development shall designate States under this section for participation in the environmental remediation credit program. ``(b) Eligibility Requirements.--No State may be designated under this section unless-- ``(1) such State has submitted an application for such a designation to the Secretary of Housing and Urban Development in such manner as such Secretary may require, ``(2) such State has established an environmental credit remediation program which shall include-- ``(A) procedures for the assessment of contaminated sites located within such State for purposes of determining whether such sites are appropriate for participation in the environmental remediation credit program, ``(B) a credit allocation plan which contains the selection criteria required under subsection (c), and ``(C) provision for non-Federal contributions to the environmental remediation of selected sites through grants, loans, property or income tax abatement, contributions by private parties or non-Federal governmental sources, or any other direct or indirect financial assistance; and ``(3) such State has designated a State official responsible for the administration of its environmental remediation credit program. ``(c) Selection Criteria.--The selection criteria required under this subsection are the following: ``(1) The condition of the contaminated site is such that without participation in the environmental remediation credit program redevelopment is unlikely. ``(2) The contaminated site has not been in productive use for at least 1 year before participation in the program. ``(3) There is a strong likelihood of redevelopment of the site for industrial or commercial use that will result in creation of jobs and expansion of the tax base. ``(4) Environmental remediation and redevelopment are likely to be completed within a reasonable period of time. ``SEC. 54B. ALLOCATION OF CREDIT LIMITS. ``(a) Overall Limitation.--For each calendar year after 1995, there shall be an overall credit limitation of $200,000,000. ``(b) Method of Making Allocation.-- ``(1) In general.--Any State receiving a portion of the overall credit limitation under subsection (a) may use such portion to make allocations of environmental remediation credit amounts to contaminated sites selected under the credit allocation plan required under section 54A(b)(2)(B). ``(2) Period during which allocated amount may be used.-- Any State receiving a portion of the overall credit limitation for any calendar year may use such portion only to make allocations under paragraph (1) during such calendar year or the following calendar year. ``SEC. 54C. DEFINITIONS AND SPECIAL RULES. ``(a) Contaminated Site.--For purposes of this subpart-- ``(1) In general.--The term `contaminated site' means any site if at least 1 of the following environmental conditions are present on such site: ``(A) A release or threatened release of any hazardous, toxic, or dangerous substance. ``(B) Any storage tanks which contain any hazardous, toxic, or dangerous substance. ``(C) Any illegal disposal of solid waste. ``(2) Hazardous, toxic, or dangerous substance.--Any substance, waste, or material shall be treated as a hazardous, toxic, or dangerous substance if it is so treated under-- ``(A) the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), ``(B) the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), or ``(C) any State or local environmental law or ordinance. The following materials shall in any event be treated as such a substance: petroleum or crude oil or any derivative thereof, friable asbestos or any asbestos containing material, polychlorinated biphenyls, or urea formaldehyde foam insulation. ``(b) Environmental Remediation.--For purposes of this subpart, the term `environmental remediation' means-- ``(1) removal or remediation activity in accordance with an approved environmental plan including soil and ground water remediation, ``(2) restoration of natural, historic or cultural resources at the site, or the mitigation of unavoidable losses of such resources incurred in connection with the remediation or response activity, ``(3) health assessments or health effects studies, ``(4) environmental audits, ``(5) remediation of off-site contamination caused by activity on the site, and ``(6) any other costs reasonably required by reason of the environmental conditions of the site including demolition of existing contaminated structures, site security, and permit fees necessary for remediation. ``(c) Basis Reduction.--The basis of any qualified contaminated site shall be reduced by the amount of any credit determined under this subpart with respect to such site. ``(d) Related Person.--For purposes of this subpart, persons shall be treated as related to each other if such persons are treated as a single employer under the regulations prescribed under section 52(b) or such persons bear a relationship to each other specified in section 267(b) or 707(b).'' (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(12) the environmental remediation credit under section 54(a).'' (c) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end thereof the following new paragraph: ``(7) No carryback of environmental remediation credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit under section 54 may be carried back to a taxable year ending before the date of the enactment of section 54.'' (d) Deduction for Unused Credit.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(8) the environmental remediation credit determined under section 54.'' (e) Clerical Amendment.--The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Subpart H--Environmental remediation credit.'' (f) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 2. TAX-EXEMPT FINANCING OF ENVIRONMENTAL REMEDIATION OF QUALIFIED CONTAMINATED SITES. (a) In General.--Subsection (e) of section 141 of the Internal Revenue Code of 1986 (defining qualified bond) is amended by striking ``or'' at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following new subparagraph: ``(G) a qualified contaminated site remediation bond, or''. (b) Qualified Contaminated Site Remediation Bond.--Section 144 of such Code is amended by adding at the end thereof the following new subsection: ``(d) Qualified Contaminated Site Remediation Bond.--For purposes of this part-- ``(1) In general.--The term `qualified contaminated site remediation bond' means any bond issued as part of an issue 95 percent or more of the proceeds of which are to finance-- ``(A) the acquisition of a qualified contaminated site, or ``(B) the costs of environmental remediation (as defined in section 54C(b))-- ``(i) with respect to such a site which is owned by the person incurring such costs, and ``(ii) which are incurred pursuant to an environmental remediation plan for such site which was approved by the Administrator of the Environmental Protection Agency. ``(2) Limitations.--Such term shall not include any bond issued to provide financing with respect to a qualified contaminated site if-- ``(A) any amount of such financing is provided directly or indirectly to any person who is not eligible for the credit determined under section 54 with respect to such site by reason of section 54(d), ``(B) less than 60 percent of the amount of the financing so provided with respect to such site is for costs described in paragraph (1)(B), or ``(C) the amount of the financing so provided to acquire such site exceeds the excess of-- ``(i) the fair market value of the site after the completion of the environmental remediation plan, over ``(ii) the amount of the financing so provided with respect to such site for costs described in paragraph (1)(B). ``(3) Qualified contaminated site.--For purposes of this subsection, the term `qualified contaminated site' has the meaning given such term by section 54(e). ``(4) Restriction on land acquisition not to apply.-- Section 147(c) shall not apply to any qualified contaminated site remediation bond.'' (c) Penalty for Failure to Satisfactorily Complete Remediation Plan.--Subsection (b) of section 150 of such Code is amended by adding at the end thereof the following new paragraph: ``(7) Qualified contaminated site remediation bonds.--In the case of financing provided by a qualified contaminated site remediation bond for costs described in section 144(d)(1)(C), no deduction shall be allowed under this chapter for interest on such financing during any period during which there is a determination by the Administrator of the Environmental Protection Agency that the remediation plan under which such costs were incurred was not satisfactorily completed.'' (d) Clerical Amendments.-- (1) The section heading for section 144 of such Code is amended by inserting before the period ``qualified contaminated site remediation bond''. (2) The table of sections for subpart A of part IV of subchapter B of chapter 1 of such Code is amended by inserting before the period at the end of the item relating to section 144 ``; qualified contaminated site remediation bond''.

Amends the Internal Revenue Code to establish an environmental remediation credit program that allows businesses a credit for 40 percent of the costs incurred for: (1) environmental remediation with respect to any qualified contaminated site; and (2) an approved environmental remediation plan. Requires the Secretary of Housing and Urban Development to designate States for participation in the credit program. Establishes the overall credit limitation and provides for its allocation among eligible States. Allows the issuance of tax-exempt bonds for qualified contaminated site remediation, with limitations.

To amend the Internal Revenue Code of 1986 to allow a credit for the cleanup of certain contaminated industrial sites.

SECTION 1. SHORT TITLE. This Act may be cited as the ``President Harry S Truman Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress hereby finds the following: (1) Harry S Truman served as President of the United States from April 12, 1945, to January 20, 1953. (2) President Truman took important measures to found and support the United Nations. (3) President Truman made important decisions that brought World War II to a successful conclusion and brought the former Axis countries to a free and democratic condition. (4) President Truman gave economic and military aid to Greece and Turkey in 1947 and after in order to allow them to avoid a communist overthrow of their governments and to pursue freely their individual destinies, and he further stated it to be the policy of the United States to support free peoples who are resisting attempted subjugation by armed minorities and to help them freely to pursue their independent destinies. (5) President Truman had an important part in formulating and realizing the program of economic assistance for Europe that became known as the Marshall Plan and, through his support for the plan, he helped to maintain an area of prosperity and freedom in Western Europe. (6) President Truman stood by the people of West Berlin when they were threatened by a blockade by the Soviet Union of all land and water routes to the city, and the airlift that grew out of Truman's desire to maintain West Berlin as an area of freedom succeeded in supplying the city until the Soviet Union gave up its blockade. (7) President Truman helped to establish the North Atlantic Treaty Organization, and his administration was strongly supportive of measures to strengthen the Atlantic Alliance and to achieve the integration of the countries of Western Europe. (8) President Truman fought throughout his Presidency for domestic programs that would improve the lives of the American people and reinforce their country's commitment to social justice. (9) President Truman desegregated the Armed Forces and took other actions to fight racism, and his actions helped to provide the foundation of the modern civil rights movement. (10) President Truman oversaw the reorganization of the United States Government in order that it might be capable of meeting the demands of the postwar world, and during his administration were created the National Security Council, the Central Intelligence Agency, the Department of Defense, the Department of the Air Force, the Council of Economic Advisers, and other important new agencies and offices. (11) President Truman, through his Point Four Program, stated the goal for American policy of fostering economic growth and human uplift in underdeveloped countries. (12) President Truman led his country to resist aggression in Korea, and his goals in making war against the aggressors were to avoid a world war, to support the United Nations, and to maintain freedom in the world. (13) President Truman in retirement founded the Harry S Truman Library and devoted his library and himself to teaching the American people, and especially young people, about their history and their government. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to present, on behalf of the Congress, to Margaret Truman Daniel a gold medal of appropriate design, in recognition of the many accomplishments of President Harry S Truman on the occasion of the 50th anniversary of his 1st inauguration as President of the United States of America. (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. 4. 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 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. (b) Reimbursement of Appropriation.--The appropriation used to carry out section 3 shall be reimbursed out of the proceeds of sales under subsection (a). SEC. 5. NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.

President Harry S Truman Congressional Gold Medal Act - Authorizes the President, on behalf of the Congress, to present a gold medal to Margaret Truman Daniel in recognition of the accomplishments of President Harry S Truman on the 50th anniversary of his first inauguration. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.

President Harry S Truman Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrographic Services Amendments of 2004''. TITLE I--NOAA HYDROGRAPHIC SERVICES IMPROVEMENT SEC. 101. REFERENCES. Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892 et seq.). SEC. 102. FUNCTIONS OF ADMINISTRATOR. (a) Regional Navigation Response Teams.--Section 303(a) (33 U.S.C. 892a(a)) is amended by striking paragraphs (7) and (8) and inserting the following: ``(7) establish, equip, and maintain up to 4 Regional Navigation Response teams in priority coastal areas identified by the Secretary, in consultation with the Commandant of the Coast Guard, to conduct activities related to navigational safety and the validation of hydrographic data; ``(8) to the greatest extent practicable and cost- effective, fulfill the requirements of paragraphs (1) and (7) through contracts or other agreements with private sector entities; and ``(9) participate in the development of, and implement for the United States in cooperation with other appropriate Federal agencies, international standards for hydrographic data and hydrographic services.''. (b) Authority To Accept Volunteer Services.--Section 303 (33 U.S.C. 892a) is amended by adding at the end the following: ``(d) Authority To Accept Volunteer Services.-- ``(1) In general.--To help fulfill the duties of the Administrator, including authorities under the Act of 1947 (33 U.S.C. 883a et seq.), this Act, or in response to a maritime emergency, the Administrator may-- ``(A) establish a volunteer program; and ``(B) enter into special agreements with qualified organizations to assist in the implementation of a volunteer program. ``(2) Legal status of volunteers.-- ``(A) Paragraphs (1) through (5) of section 7(c) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(c)) shall apply to volunteers who provide services to the Administrator under a volunteer program established under paragraph (1). ``(B) For purposes of subparagraph (A), any reference in section 7(c) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(c)) to the Secretary of Interior or the Secretary of Commerce is deemed to refer to the Administrator. ``(3) Qualified organization.--In this subsection, the term `qualified organization' means a nongovernmental, not-for- profit organization, determined by the Administrator to have demonstrated expertise in boating safety and a commitment to improving the quality of hydrographic services and related oceanographic and meteorological information that is made available to mariners. ``(e) Participation in Joint Institute.--The Secretary may participate in a joint institute that develops new hydrographic technology and conducts academic, educational, and outreach activities that assist the Administrator in fulfilling the functions of the Administrator under this section.''. SEC. 103. KOSS COVE. (a) In General.--Notwithstanding any other provision of law or existing policy, the cove described in subsection (b) shall be known and designated as ``Koss Cove'', in honor of the late Able Bodied Seaman Eric Steiner Koss of the National Oceanic and Atmospheric Administration vessel RAINIER who died in the performance of a nautical charting mission off the Alaskan coast. (b) Cove Described.--The cove referred to in subsection (a) is-- (1) adjacent to and southeast of Point Elrington, Alaska, and forms a portion of the southern coast of Elrington Island; (2) \3/4\ mile across the mouth; (3) centered at 59 degrees 56.1 minutes North, 148 degrees 14 minutes West; and (4) 45 miles of Seward, Alaska. (c) References.--Any reference in any law, regulation, document, record, map, or other paper of the United States to the cove described in subsection (b) is deemed to be a reference to Koss Cove. SEC. 104. DEPICTION OF SAME SHORELINES ON CHARTS AND MAPPING PRODUCTS. Not later than 6 months after the date of enactment of the Act, the Secretary of Commerce and the Secretary of the Interior, in consultation with the Federal Emergency Management Agency, shall provide to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan to depict the same shorelines on National Oceanic and Atmospheric Administration nautical charts and United States Geological Survey mapping products. SEC. 105. AMENDMENTS TO THE HYDROGRAPHIC SERVICES PANEL. Section 305 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892c) is amended-- (1) in subsection (a), by striking ``Secretary'' and inserting ``Secretary of Commerce''; and (2) in subsection (c)(3), subsection (d), and subsection (e), by striking ``Secretary'' each place it appears and inserting ``Administrator''. SEC. 106. GREAT LAKES WATER LEVEL MEASUREMENTS. Section 306(5) of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d(5)) is amended-- (1) by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively; (2) by striking ``(5)'' and inserting ``(5)(A)''; and (3) by adding at the end the following new subparagraph: ``(B) Of the amounts authorized under subparagraph (A), $2,000,000 in each fiscal year is authorized for the Great Lakes Water Level Observation Network.''. TITLE II--FISHERY SURVEY VESSELS SEC. 201. FISHERY SURVEY VESSELS. Section 302(c) of the Fisheries Survey Vessel Authorization Act of 2000 (33 U.S.C. 891b note) is amended by striking ``$60,000,000 for each of fiscal years 2002 and 2003'' and inserting ``$51,000,000 for fiscal year 2005 and $39,000,000 for fiscal year 2006. SEC. 202. ACQUISITION OF HYDROGRAPHIC SURVEY VESSEL. No later than 6 months after the date of the enactment of this Act, the Secretary of Commerce shall submit to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate-- (1) a detailed requirements package and cost estimate for the construction and equipping of a hydrographic survey vessel that is capable of-- (A) staying at sea continuously for at least 30 days; (B) carrying at least 4 hydrographic survey launches; (C) conducting hydrographic surveys; and (D) conducting other work necessary to provide mariners with the accurate and timely data needed to conduct safe and efficient maritime commerce; (2) an explanation of what vessel or vessels would be retired if a vessel described in paragraph (1) were to become operational; and (3) a comparison of the 10-year estimated costs of operation and maintenance of a new vessel described in paragraph (1) versus such costs for a vessel or vessels proposed for retirement under paragraph (2). Passed the House of Representatives March 23, 2004. Attest: JEFF TRANDAHL, Clerk. By Gerasimos C. Vans, Deputy Clerk.

Hydrographic Services Amendments of 2004 - Title I: NOAA Hydrographic Services Improvement - (Sec. 102) Amends the Hydrographic Services Improvement Act of 1998 (HSIA) to require the Administrator of the National Oceanic and Atmospheric Administration (NOAA) (Administrator) to establish, equip, and maintain up to four Regional Navigation Response teams in priority coastal areas to conduct activities related to navigational safety and the validation of hydrographic data. Authorizes the Administrator to: (1) establish and implement a volunteer program and accept volunteer services; and (2) participate in a joint institute that develops new hydrographic technology and conducts academic, educational, and outreach activities that assist the Administrator. (Sec. 103) Designates as Koss Cove a cove on the southern coast of Elrington Island in Alaska, in honor of the late Able Bodied Seaman Eric Steiner Koss who served on the NOAA vessel RAINIER and died in the performance of a nautical charting mission off the Alaskan coast. (Sec. 104) Requires the Secretary of Commerce (Secretary) and the Secretary of the Interior to provide to specified congressional committees a plan to depict the same shorelines on NOAA nautical charts and U.S. Geological Survey mapping products. (Sec. 105) Revises HSIA requirements relating to the Hydrographic Services Advisory Panel and certain duties of the Secretary and the NOAA Administrator. (Sec. 106) Authorizes specified funds under HSIA in each fiscal year for the Great Lakes Water Level Observation Network. Title II: Fishery Survey Vessels - (Sec. 201) Amends the Fisheries Survey Vessel Authorization Act of 2000 to revise and extend for FY 2005 and 2006 the authorization of appropriations for certain fishery survey vessels. (Sec. 202) Directs the Secretary to report to specified committees on the acquisition of a new hydrographic survey vessel having specified capabilities, the retirement of any current vessel(s), and operation and maintenance cost comparisons between the two.

To authorize certain hydrographic services programs, to name a cove in Alaska in honor of the late Able Bodied Seaman Eric Steiner Koss, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Graduate Medical Education Advancement Act of 2009''. SEC. 2. RULES FOR COUNTING RESIDENT TIME FOR DIDACTIC AND SCHOLARLY ACTIVITIES AND OTHER ACTIVITIES. (a) Direct GME.--Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is amended-- (1) in paragraph (4)(E)-- (A) by designating the first sentence as a clause (i) with the heading ``In general'' and appropriate indentation and by striking ``Such rules'' and inserting ``Subject to clause (ii), such rules''; and (B) by adding at the end the following new clause: ``(ii) Treatment of certain nonhospital and didactic activities.--Such rules shall provide that all time spent by an intern or resident in an approved medical residency training program in a nonhospital setting that is primarily engaged in furnishing patient care (as defined in paragraph (5)(K)) in non-patient care activities, such as didactic conferences and seminars, but not including research not associated with the treatment or diagnosis of a particular patient, as such time and activities are defined by the Secretary, shall be counted toward the determination of full-time equivalency.''; (2) in paragraph (4), by adding at the end the following new subparagraph: ``(I) Treatment of certain leave time.--In determining the hospital's number of full-time equivalent residents for purposes of this subsection, all the time that is spent by an intern or resident in an approved medical residency training program on vacation, sick leave, or other approved leave, as such time is defined by the Secretary, and that does not prolong the total time the resident is participating in the approved program beyond the normal duration of the program shall be counted toward the determination of full-time equivalency.''; and (3) in paragraph (5), by adding at the end the following new subparagraph: ``(K) Nonhospital setting that is primarily engaged in furnishing patient care.--The term `nonhospital setting that is primarily engaged in furnishing patient care' means a nonhospital setting in which the primary activity is the care and treatment of patients, as defined by the Secretary.''. (b) IME Determinations.--Section 1886(d)(5)(B) of such Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the following new clause: ``(x)(I) The provisions of subparagraph (I) of subsection (h)(4) shall apply under this subparagraph in the same manner as they apply under such subsection. ``(II) In determining the hospital's number of full-time equivalent residents for purposes of this subparagraph, all the time spent by an intern or resident in an approved medical residency training program in non-patient care activities, such as didactic conferences and seminars, as such time and activities are defined by the Secretary, that occurs in the hospital shall be counted toward the determination of full-time equivalency if the hospital-- ``(aa) is recognized as a subsection (d) hospital; ``(bb) is recognized as a subsection (d) Puerto Rico hospital; ``(cc) is reimbursed under a reimbursement system authorized under section 1814(b)(3); or ``(dd) is a provider-based hospital outpatient department. ``(III) In determining the hospital's number of full-time equivalent residents for purposes of this subparagraph, all the time spent by an intern or resident in an approved medical residency training program in research activities that are not associated with the treatment or diagnosis of a particular patient, as such time and activities are defined by the Secretary, shall not be counted toward the determination of full-time equivalency.''. (c) Effective Dates; Application.-- (1) In general.--Except as otherwise provided, the Secretary of Health and Human Services shall implement the amendments made by this section in a manner so as to apply to cost reporting periods beginning on or after January 1, 1983. (2) Direct gme.--Section 1886(h)(4)(E)(ii) of the Social Security Act, as added by subsection (a)(1)(B), shall apply to cost reporting periods beginning on or after July 1, 2009. (3) IME.--Section 1886(d)(5)(B)(x)(III) of the Social Security Act, as added by subsection (b), shall apply to cost reporting periods beginning on or after October 1, 2001. Such section, as so added, shall not give rise to any inference on how the law in effect prior to such date should be interpreted. (4) Application.--The amendments made by this section shall not be applied in a manner that requires reopening of any settled hospital cost reports as to which there is not a jurisdictionally proper appeal pending as of the date of the enactment of this Act on the issue of payment for indirect costs of medical education under section 1886(d)(5)(B) of the Social Security Act or for direct graduate medical education costs under section 1886(h) of such Act. SEC. 3. RULES FOR COUNTING RESIDENT TIME IN OUTPATIENT SETTINGS. (a) Direct GME.--Section 1886(h)(4)(E) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(E)) is amended-- (1) by striking ``under an approved medical residency program''; and (2) by striking ``if the hospital incurs all, or substantially all, of the costs for the training program in that setting'' and inserting ``if the hospital or hospitals continue to incur the costs of the residents' stipends and fringe benefits during the time the residents spend in that setting.'' (b) IME Determinations.--Section 1886(d)(5)(B)(iv) of such Act (42 U.S.C. 1395ww(d)(5)(B)(iv)) is amended-- (1) by striking ``under an approved medical residency training program''; and (2) by striking ``if the hospital incurs all, or substantially all, of the costs for the training program in that setting'' and inserting ``if the hospital or hospitals continue to incur the costs of the residents' stipends and fringe benefits during the time the residents spend in that setting.'' (c) Effective Dates; Application.-- (1) In general.--Except as otherwise provided, the Secretary of Health and Human Services shall implement the amendments made by this section in a manner so as to apply to cost reporting periods beginning on or after July 1, 2009. (2) Application.--The amendments made by this section shall not be applied in a manner that requires reopening of any settled hospital cost reports as to which there is not a jurisdictionally proper appeal pending as of the date of the enactment of this Act on the issue of payment for indirect costs of medical education under section 1886(d)(5)(B) of the Social Security Act or for direct graduate medical education costs under section 1886(h) of such Act.

Graduate Medical Education Advancement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act with respect to rules for the computation of the number of full-time-equivalent residents in an approved medical residency training program, particularly the counting of time spent in outpatient settings, for purposes of calculating payments to: (1) hospitals for direct graduate medical education (GME) costs; and (2) subsection (d) hospitals with indirect medical education (IME) costs. (Generally, a subsection (d) hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.) Requires the counting of hours spent by an intern or resident in a nonhospital setting (that is primarily engaged in furnishing patient care) in non-patient care activities, such as didactic conferences and seminars (but excluding research not associated with the treatment or diagnosis of a particular patient). Requires the counting as well of all the time spent on vacation, sick leave, or other approved leave that does not prolong the total time the resident is participating in the approved program beyond its normal duration. Revises rules for counting resident time in outpatient settings with respect to GME and IME costs to include the costs of the residents' stipends and fringe benefits during the time residents spend in such a setting.

To amend title XVIII of the Social Security Act with respect to treatment of didactic and scholarly activities and training in outpatient settings for purposes of payment for graduate medical education under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Charitable and Volunteer Opportunities Act''. SEC. 2. DEFINITIONS. In this Act: (1) Aircraft.--The term ``aircraft'' has the meaning provided that term in section 40102(6) of title 49, United States Code. (2) Business entity.--The term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (3) Equipment.--The term ``Equipment'' includes mechanical equipment, electronic equipment, and office equipment. (4) Facility.--The term ``facility'' means any real property, including any building, improvement, or appurtenance. (5) Fire control or fire rescue equipment.--The term ``fire control or fire rescue equipment'' includes any fire vehicle, fire fighting tool, communications equipment, protective gear, fire hose, or breathing apparatus. (6) Gross negligence.--The term ``gross negligence'' means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person. (7) Intentional misconduct.--The term ``intentional misconduct'' means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person. (8) Motor vehicle.--The term ``motor vehicle'' has the meaning provided that term in section 30102(6) of title 49, United States Code. (9) Nonprofit organization.--The term ``nonprofit organization'' means-- (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (B) any not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (10) Person.--The term ``person'' includes any governmental or other entity. (11) Volunteer fire company.--The term ``volunteer fire company'' means an association of individuals who provide fire protection and other emergency services, where at least 30 percent of the individuals receive little or no compensation compared with an entry level full-time paid individual in that association or in the nearest such association with an entry level full-time paid individual. (12) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. SEC. 3. CHARITABLE DONATIONS LIABILITY REFORM FOR IN-KIND CORPORATE CONTRIBUTIONS. (a) In General.-- (1) Liability of business entities that donate equipment to nonprofit organizations.-- (A) In general.--Subject to subsection (b), a business entity shall not be subject to civil liability relating to any injury or death that results from the use of equipment donated by such business entity to a nonprofit organization. (B) Application.--This paragraph shall apply with respect to civil liability under Federal and State law. (2) Liability of business entities providing use of facilities to nonprofit organizations.-- (A) In general.--Subject to subsection (b), a business entity shall not be subject to civil liability relating to any injury or death occurring at a facility of the business entity in connection with a use of such facility by a nonprofit organization, if-- (i) the use occurs outside of the scope of business of the business entity; (ii) such injury or death occurs during a period that such facility is used by the nonprofit organization; and (iii) the business entity authorized the use of such facility by the nonprofit organization. (B) Application.--This paragraph shall apply-- (i) with respect to civil liability under Federal and State law; and (ii) regardless of whether a nonprofit organization pays for the use of a facility. (3) Liability of business entities providing use of a motor vehicle or aircraft.-- (A) In general.--Subject to subsection (b), a business entity shall not be subject to civil liability relating to any injury or death occurring as a result of the operation of an aircraft or a motor vehicle of the business entity loaned to a nonprofit organization for use outside of the scope of business of the business entity, if-- (i) such injury or death occurs during a period that such motor vehicle or aircraft is used by a nonprofit organization; and (ii) the business entity authorized the use by the nonprofit organization of motor vehicle or aircraft that resulted in the injury or death. (B) Application.--This paragraph shall apply-- (i) with respect to civil liability under Federal and State law; and (ii) regardless of whether a nonprofit organization pays for the use of the aircraft or motor vehicle. (b) Exceptions.--Subsection (a) shall not apply to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct. (c) Superseding Provision.-- (1) In general.--Subject to paragraph (2) and subsection (d), this section preempts the laws of any State to the extent that such laws are inconsistent with this section, except that this section shall not preempt any State law that provides additional protection for a business entity for an injury or death described in a paragraph of subsection (a) with respect to which the conditions specified in such paragraph apply. (2) Limitation.--Nothing in this section shall be construed to supersede any Federal or State health or safety law. (d) Election of State Regarding Nonapplicability.--A provision of this section shall not apply to any civil action in a State court against a business entity in which all parties are citizens of the State if such State enacts a statute-- (1) citing the authority of this section; (2) declaring the election of such State that such provision shall not apply to such civil action in the State; and (3) containing no other provisions. (e) Effective Date.--This section shall apply to liability for injury or death caused by equipment donated, facilities used, or aircraft or motor vehicles loaned on or after the date of the enactment of this Act. SEC. 4. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE DONATION OF FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES. (a) Liability Protection.--A person who donates fire control or fire rescue equipment to a volunteer fire company shall not be liable for civil damages under any State or Federal law for personal injuries, property damage or loss, or death caused by the equipment after the donation. (b) Exceptions.--Subsection (a) does not apply to a person if-- (1) the person's act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct; or (2) the person is the manufacturer of the fire control or fire rescue equipment. (c) Preemption.--This section preempts the laws of any State to the extent that such laws are inconsistent with this section, except that notwithstanding subsection (b) this section shall not preempt any State law that provides additional protection from liability for a person who donates fire control or fire rescue equipment to a volunteer fire company. (d) Effective Date.--This section shall apply to liability for injury, damage, loss, or death caused by fire control or fire rescue equipment donated on or after the date of the enactment of this Act. SEC. 5. HEALTH CENTERS UNDER PUBLIC HEALTH SERVICE ACT; LIABILITY PROTECTIONS FOR VOLUNTEER PRACTITIONERS. (a) Liability Protection.--Section 224 of the Public Health Service Act (42 U.S.C. 233) is amended-- (1) in subsection (g)(1)(A)-- (A) in the first sentence, by striking ``or employee'' and inserting ``employee, or (subject to subsection (k)(4)) volunteer practitioner''; and (B) in the second sentence, by inserting ``and subsection (k)(4)'' after ``subject to paragraph (5)''; and (2) in each of subsections (g), (i), (j), (k), (l), and (m), by striking ``employee, or contractor'' each place such term appears and inserting ``employee, volunteer practitioner, or contractor''. (b) Applicability; Definition.--Section 224(k) of the Public Health Service Act (42 U.S.C. 233(k)) is amended by adding at the end the following paragraph: ``(4)(A) Subsections (g) through (m) apply with respect to volunteer practitioners beginning with the first fiscal year for which an appropriations Act provides that amounts in the fund under paragraph (2) are available with respect to such practitioners. ``(B) For purposes of subsections (g) through (m), the term `volunteer practitioner' means a practitioner who, with respect to an entity described in subsection (g)(4), meets the following conditions: ``(i) The practitioner is a licensed physician or a licensed clinical psychologist. ``(ii) At the request of such entity, the practitioner provides services to patients of the entity, at a site at which the entity operates or at a site designated by the entity. The weekly number of hours of services provided to the patients by the practitioner is not a factor with respect to meeting conditions under this subparagraph. ``(iii) The practitioner does not for the provision of such services receive any compensation from such patients, from the entity, or from third-party payors (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program).''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Expanding Charitable and Volunteer Opportunities Act - Protects a business entity from federal or state civil liability for any injury or death resulting from the use of certain equipment donated by such entity to a tax-exempt charitable organization or from the operation of an aircraft or motor vehicle loaned to such charitable organization, unless such business entity is guilty of gross negligence or intentional misconduct. Protects a governmental or other entity from federal or state civil liability for personal injuries, property damage or loss, or death caused by fire control or fire rescue equipment which such entity donates to a volunteer fire company, unless such entity is guilty of gross negligence or intentional misconduct. Amends the Public Health Service Act to extend civil liability protections to certain medical practitioners (licensed physicians or clinical psychologists) who donate health care services to patients at health centers for medically underserved populations.

A bill to reform liability for certain charitable contributions and services.

SECTION 1. PERMANENT EXTENSION OF 50-PERCENT BONUS DEPRECIATION. (a) In General.--Subparagraph (B) of section 168(k)(4) of the Internal Revenue Code of 1986 (relating to special allowance for certain property acquired after September 10, 2001, and before January 1, 2005) is amended to read as follows: ``(B) 50-percent bonus depreciation property.--For purposes of this subsection, the term `50-percent bonus depreciation property' means property described in paragraph (2)(A)(i)-- ``(i) the original use of which commences with the taxpayer after May 5, 2003, and ``(ii) which is acquired by the taxpayer after May 5, 2003, but only if no written binding contract for the acquisition was in effect before May 6, 2003.'' (b) Repeal of Termination Dates for 30-Percent Bonus Depreciation Property.--Subparagraph (A) of section 168(k)(2) of such Code is amended by adding ``and'' at the end of clause (ii) and by striking clauses (iii) and (iv) and inserting the following new clause: ``(iii) which is-- ``(I) acquired by the taxpayer after September 10, 2001, but only if no written binding contract for the acquisition was in effect before September 11, 2001, or ``(II) acquired by the taxpayer pursuant to a written binding contract which was entered into after September 10, 2001.'' (c) Technical Amendments.-- (1) Paragraph (2) of section 168(k) of such Code is amended by striking subparagraph (B) and by redesignating the succeeding subparagraphs accordingly. (2) Clause (i) of section 168(k)(2)(D) of such Code, as redesignated by paragraph (1), is amended by striking ``and before January 1, 2005''. (3) The subsection heading for section 168(k) of such Code is amended by striking ``, and Before January 1, 2005''. SEC. 2. LONG-TERM CONTRACT ACCOUNTING. Section 168(k)(2) of the Internal Revenue Code of 1986 is amended by adding after subparagraph (F), as redesignated by section 1, the following new subparagraph: ``(F) Long-term contract accounting.--The percentage of completion method under section 460 shall be applied as if this subsection had not been enacted.''. SEC. 3. ELECTION TO INCREASE MINIMUM TAX CREDIT LIMITATION IN LIEU OF BONUS DEPRECIATION. (a) In General.--Section 53 of the Internal Revenue Code of 1986 (relating to credit for prior year minimum tax liability) is amended by adding at the end of the following new subsection: ``(e) Additional Credit in Lieu of Bonus Depreciation.-- ``(1) In general.--In the case of a corporation making an election under this subsection for a taxable year, the limitation under subsection (c) shall be increased by an amount equal to the bonus depreciation amount. ``(2) Bonus depreciation amount.--For purposes of paragraph (1), the bonus depreciation amount for any taxable year is an amount equal to the product of-- ``(A) 35 percent, and ``(B) the excess (if any) of-- ``(i) the aggregate amount of depreciation which would be determined under section 168 for property placed in service during such taxable year if no election under this subsection were made, over ``(ii) the aggregate allowance for depreciation allowable with respect to such property placed in service for such taxable year. ``(3) Election.--Section 168(k) (other than paragraph (2)(E) thereof) shall not apply to any property placed in service during a taxable year by a corporation making an election under this subsection for such taxable year. An election under this subsection may only be revoked with the consent of the Secretary. ``(4) Credit refundable.--The aggregate increase in the credit allowed by this section for any taxable year by reason of this subsection shall for purposes of this title (other than subsection (b)(2) of this section) be treated as a credit allowed to the taxpayer under subpart C.''. (b) Conforming Amendment.--Subsection (k) of section 168 of such Code is amended by adding at the end the following new paragraph: ``(5) Cross reference.--For an election to claim certain minimum tax credits in lieu of the allowance determined under this subsection, see section 53(e).''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years ending after December 31, 2004.

Amends the Internal Revenue Code to: (1) permanently extend the 50 percent and 30 percent bonus depreciation for certain original use property, including water utility property, computer software, or qualified leasehold improvement property; (2) permit the use of the percentage of completion accounting method for computing certain depreciation allowances; and (3) allow corporate taxpayers to elect an increased refundable alternative minimum tax credit in lieu of taking a bonus depreciation deduction.

To amend the Internal Revenue Code of 1986 to permanently extend the 50-percent bonus depreciation added by the Jobs and Growth Tax Relief Reconciliation Act of 2003.

SECTION 1. SHORT TITLE. This Act may be cited as the ``__________ Act of 2001''. SEC. 2. TECHNOLOGY FOR TOMORROW'S TEACHERS. Title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.) is amended by adding at the end the following new part: ``PART G--TEACHING TECHNOLOGY FOR THE FUTURE ``SEC. 3701. PURPOSE; PROGRAM AUTHORITY. ``(a) Purpose.--The purpose of this part is to assist consortia of public and private entities in carrying out programs that prepare prospective teachers to use advanced technology to enable all students to achieve to challenging State and local content and student performance standards. ``(b) Program Authority.-- ``(1) In general.--The Secretary is authorized, through the Office of Educational Technology, to award grants, contracts, or cooperative agreements on a competitive basis to eligible applicants in order to assist them in developing or redesigning teacher preparation programs to enable prospective teachers to use technology effectively in their classrooms. ``(2) Period of award.--The Secretary may award grants, contracts, or cooperative agreements under this part for a period of not more than 5 years. ``SEC. 3702. ELIGIBILITY. ``(a) Eligible Applicants.--In order to receive an award under this part, an eligible applicant shall be a consortium that includes-- ``(1) at least one institution of higher education that offers a baccalaureate degree and prepares teachers for their initial entry into teaching, is in full compliance with all of the reporting requirements of section 207(f) of the Higher Education Act of 1965 (20 U.S.C. 1027(f)), and has not been identified by the State as low performing under section 208 of such Act (20 U.S.C. 1028); ``(2) at least one State educational agency or local educational agency with a high number or percentage of children in poverty; and ``(3) one or more of the following entities: ``(A) An institution of higher education (other than the institution described in paragraph (1)). ``(B) A school or department of education at an institution of higher education that is in full compliance with all of the reporting requirements of section 207 of the Higher Education Act of 1965 (20 U.S.C. 1027) and has not been identified by their State as low performing under section 208 of such Act (20 U.S.C. 1028). ``(C) A school or college of arts and sciences at an institution of higher education that is in full compliance with the reporting requirements of section 207(f) of the Higher Education Act of 1965 (20 U.S.C. 1027(f)) and has not bee identified by its State as low performing under section 208 of such Act (20 U.S.C. 1028). ``(D) A professional association, foundation, museum, library, for-profit business, public or private nonprofit organization, community-based organization, or other entity with the demonstrated capacity to contribute to the technology-related reform of teacher preparation programs. ``(b) Application Requirements.--In order to receive an award under this part, an eligible applicant shall submit an application to the Secretary at such time, and containing such information, as the Secretary may require. Such application shall include-- ``(1) a description of the proposed project and how the project shall-- ``(A) ensure that individuals participating in the project would be prepared to use technology to enable all students to achieve to challenging State and local content and student performance standards, and integrate such technology into their instructional practices; and ``(B) include the adoption of specific, quantifiable objectives that the program will achieve over the duration of the award; ``(2) a demonstration of-- ``(A) the commitment, including the financial commitment, of each of the members of the consortium; and ``(B) the active support of the leadership of each member of the consortium for the proposed project; ``(3) a description of how each member of the consortium would be included in project activities; ``(4) a description of how the proposed project would be continued once the Federal funds awarded under this part end; and ``(5) a plan for the evaluation of the program, which shall include annual measurable benchmarks to monitor progress toward specific project objectives, as described in paragraph (1)(B). ``(c) Matching Requirements.-- ``(1) In general.--The Federal share of the cost of any project funded under this part shall not exceed 50 percent. Except as provided in paragraph (2), the non-Federal share of such project may be in cash or in kind, fairly evaluated, including services. ``(2) Acquisition of equipment.--Not more than 10 percent of the funds awarded for a project under this part may be used to acquire equipment, networking capabilities or infrastructure, and the non-Federal share of the cost of any such acquisition shall be in cash. ``SEC. 3703. USES OF FUNDS. ``(a) Required Uses.--A recipient shall use funds under this part for-- ``(1) creating programs that enable prospective teachers to use advanced technology to prepare all students to achieve to challenging State and local content and student performance standards in the core academic subjects and integrate such technology into their instructional practices; and ``(2) evaluating the effectiveness of the project. ``(b) Permissible Uses.--A recipient may use funds under this part for activities, described in its application, that carry out the purpose of this part, such as-- ``(1) developing and implementing high-quality teacher preparation programs that enable educators to-- ``(A) learn the full range of resources that can be accessed through the use of technology; ``(B) integrate a variety of technologies into the classroom in order to expand students' knowledge; ``(C) evaluate educational technologies and their potential for use in instruction; and ``(D) help students develop their own technical skills and digital learning environments; ``(2) developing alternative teacher development paths that provide elementary and secondary schools with well-prepared, technology-proficient educators; ``(3) developing performance-based standards and aligned assessments to measure the capacity of prospective teachers to use technology effectively in their classrooms; ``(4) providing technical assistance to other teacher preparation programs; ``(5) developing and disseminating resources and information in order to assist institutions of higher education to prepare teachers to use technology effectively in their classrooms; and ``(6) subject to section 3702(c)(2), acquiring equipment, networking capabilities, and infrastructure to carry out the project.''.

_____Act of 2001 (sic) - Amends the Elementary and Secondary Education Act of 1965 to establish a program for Teaching Technology for the Future.Authorizes the Secretary of Education, through the Office of Educational Technology, to award competitive matching grants, contracts, or cooperative agreements for developing or redesigning teacher preparation programs to enable prospective teachers to use technology effectively in their classrooms. Makes eligible for such assistance consortia that include: (1) at least one institution of higher education that offers a baccalaureate degree and prepares teachers for their initial entry into teaching, is in full compliance with specified reporting requirements of the Higher Education Act of 1965 (HEA), and has not been identified by the State as low performing; (2) at least one State educational agency or local educational agency with a high number or percentage of children in poverty; and (3) one or more of specified public or private entities.

To amend the Elementary and Secondary Education Act of 1965 to provide technology for tomorrow's teachers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``TVA Customer Protection Act of 1998''. SEC. 2. INCLUSION IN DEFINITION OF PUBLIC UTILITY. (a) In General.--Section 201(e) of the Federal Power Act (16 U.S.C. 824(e)) is amended by inserting before the period at the end the following: ``, and includes the Tennessee Valley Authority''. (b) Conforming Amendment.--Section 201(f) of the Federal Power Act (16 U.S.C. 824(f)) is amended by striking ``foregoing, or any corporation'' and inserting ``foregoing (other than the Tennessee Valley Authority) or any corporation''. SEC. 3. DISPOSITION OF PROPERTY. Section 203 of the Federal Power Act (16 U.S.C. 824b) is amended by adding at the end the following: ``(c) TVA Exception.--This section does not apply to a disposition of the whole or any part of the facilities of the Tennessee Valley Authority if-- ``(1) the Tennessee Valley Authority discloses to the Commission (on a form, and to the extent, that the Commission shall prescribe by regulation) the sale, lease, or other disposition of any part of its facilities that-- ``(A) is subject to the jurisdiction of the Commission under this Part; and ``(B) has a value of more than $50,000; and ``(2) all proceeds of the sale, lease, or other disposition under paragraph (1) are applied by the Tennessee Valley Authority to the reduction of debt of the Tennessee Valley Authority.''. SEC. 4. FOREIGN OPERATIONS; PROTECTIONS. Section 208 of the Federal Power Act (16 U.S.C. 824g) is amended by adding at the end the following: ``(c) Tennessee Valley Authority.-- ``(1) Limit on charges.-- ``(A) No authorization or permit.--The Commission shall issue no order under this Act that has the effect of authorizing or permitting the Tennessee Valley Authority to make, demand, or receive any rate or charge, or impose any rule or regulation pertaining to a rate or charge, that includes any costs incurred by or for the Tennessee Valley Authority in the conduct of any activities or operations outside the United States. ``(B) Unlawful rate.-- ``(i) In general.--Any rate, charge, rule, or regulation described in subparagraph (A) shall be deemed for the purposes of this Act to be unjust, unreasonable, and unlawful. ``(ii) No limitation on authority.--Clause (i) does not limit the authority of the Commission under any other provision of law to regulate and establish just and reasonable rates and charges for the Tennessee Valley Authority. ``(2) Annual report.--The Tennessee Valley Authority shall annually-- ``(A) prepare and file with the Commission, in a form that the Commission shall prescribe by regulation, a report setting forth in detail any activities or operations engaged in outside the United States by or on behalf of the Tennessee Valley Authority; and ``(B) certify to the Commission that the Tennessee Valley Authority has neither recovered nor sought to recover the costs of activities or operations engaged in outside the United States by or on behalf of the Tennessee Valley Authority in any rate, charge, rule, or regulation on file with the Commission.''. SEC. 5. TVA POWER SALES. (a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following: ``SEC. 215. TVA POWER SALES. ``(a) In General.--The Tennessee Valley Authority shall not sell electric power to a retail customer that will consume the power within the area that, on the date of enactment of this section, is assigned by law as the distributor service area, unless-- ``(1) the customer (or predecessor in interest to the customer) was purchasing electric power directly from the Tennessee Valley Authority as a retail customer on that date; ``(2) the distributor is purchasing firm power from the Tennessee Valley Authority in an amount that is equal to not more than 50 percent of the total retail sales of the distributor; or ``(3) the distributor agrees that the Tennessee Valley Authority may sell power to the customer. ``(b) Retail Sales.--Notwithstanding any other provision of law, the rates, terms, and conditions of retail sales of electric power by the Tennessee Valley Authority that are not prohibited by this section shall be subject to regulation under State law applicable to public utilities in the manner and to the extent that a State commission or other regulatory authority determines appropriate.''. (b) Transition.-- (1) Filing requirement.--Not later than 180 days after the date of enactment of this Act, the Tennessee Valley Authority shall file all rates and charges for the transmission or sale of electric energy and the classifications, practices, and regulations affecting those rates and charges, together with all contracts that in any manner affect or relate to contracts that are required to be filed under Part II of the Federal Power Act (16 U.S.C. 824 et seq.), as amended by subsection (a), and that are in effect as of the date of enactment of this Act. (2) No initial review.--A filing under this section that is timely made under subsection (a) shall be accepted for filing without initial review by the Federal Energy Regulatory Commission. SEC. 6. FILING AND FULL DISCLOSURE OF TVA DOCUMENTS. Part III of the Federal Power Act (16 U.S.C. 825 et seq.) is amended-- (1) by redesignating sections 319 through 321 as sections 320 through 322, respectively; and (2) by inserting after section 318 the following: ``SEC. 319. FILING AND FULL DISCLOSURE OF TVA DOCUMENTS. ``(a) In General.--The Tennessee Valley Authority shall file and disclose the same documents and other information that other public utilities are required to file under this Act, as the Commission shall require by regulation. ``(b) Regulation.-- ``(1) Timing.--The regulation under subsection (a) shall be promulgated not later than 1 year after the date of enactment of this section. ``(2) Considerations.--In promulgating the regulation under subsection (a), the Commission shall take into consideration the practices of the Commission with respect to public utilities other than the Tennessee Valley Authority.''. SEC. 7. APPLICABILITY OF THE ANTITRUST LAWS. The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.) is amended by inserting after section 16 the following: ``SEC. 17. APPLICABILITY OF THE ANTITRUST LAWS. ``(a) Definition of Antitrust Laws.--In this section, the term `antitrust laws' means-- ``(1) an antitrust law (within the meaning of section (1) of the Clayton Act (15 U.S.C. 12)); ``(2) the Act of June 19, 1936 (commonly known as the `Robinson Patman Act') (49 Stat. 1526, chapter 323; 15 U.S.C. 13 et seq.); and ``(3) section 5 of the Federal Trade Commission Act (15 U.S.C. 45), to the extent that the section relates to unfair methods of competition. ``(b) Applicability.--Nothing in this Act modifies, impairs, or supersedes the antitrust laws. ``(c) Antitrust Laws.-- ``(1) TVA deemed a person.--The Tennessee Valley Authority shall be deemed to be a person, and not government, for purposes of the antitrust laws. ``(2) Applicability.--Notwithstanding any other provision of law, the antitrust laws (including the availability of any remedy for a violation of an antitrust law) shall apply to the Tennessee Valley Authority notwithstanding any determination that the Tennessee Valley Authority is a corporate agency or instrumentality of the United States or is otherwise engaged in governmental functions.''. SEC. 8. SAVINGS PROVISION. (a) Definition of TVA Distributor.--In this section, the term ``TVA distributor'' means a cooperative organization or publicly owned electric power system that, on January 2, 1998, purchased electric power at wholesale from the Tennessee Valley Authority under an all- requirements power contract. (b) Effect of Act.--Nothing in this Act or any amendment made by this Act-- (1) subjects any TVA distributor to regulation by the Federal Energy Regulatory Commission; or (2) abrogates or affects any law in effect on the date of enactment of this Act that applies to a TVA distributor. SEC. 9. PROVISION OF CONSTRUCTION EQUIPMENT, CONTRACTING, AND ENGINEERING SERVICES. Section 4 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831c) is amended by adding at the end the following: ``(m) Provision of Construction Equipment, Contracting, and Engineering Services.-- ``(1) In general.--Notwithstanding any other provision of this Act, except as provided in this subsection, the Corporation shall not have power to-- ``(A) rent or sell construction equipment; ``(B) provide a construction equipment maintenance or repair service; ``(C) perform contract construction work; or ``(D) provide a construction engineering service; to any private or public entity. ``(2) Electrical contractors.--The Corporation may provide equipment or a service described in subparagraph (1) to a private contractor that is engaged in electrical utility work on an electrical utility project of the Corporation. ``(3) Customers, distributors, and governmental entities.-- The Corporation may provide equipment or a service described in subparagraph (1) to-- ``(A) a power customer served directly by the Corporation; ``(B) a distributor of Corporation power; or ``(C) a Federal, State, or local government entity; that is engaged in work specifically related to an electrical utility project of the Corporation. ``(4) Used construction equipment.-- ``(A) Definition of used construction equipment.-- In this paragraph, the term `used construction equipment' means construction equipment that has been in service for more than 2,500 hours. ``(B) In general.--The Corporation may dispose of used construction equipment by means of a public auction conducted by a private entity that is independent of the Corporation. ``(C) Debt reduction.--The Corporation shall apply all proceeds of a disposition of used construction equipment under subparagraph (B) to the reduction of debt of the Corporation.''.

TVA Customer Protection Act of 1998 - Amends the Federal Power Act to treat the Tennessee Valley Authority (TVA) as a public utility subject to regulation by the Federal Energy Regulatory Commission (FERC). Exempts TVA facilities from the requirement of prior FERC approval for any disposition of property if proper disclosure has been made, and all disposition proceeds are applied towards TVA debt reduction. Prohibits FERC from permitting TVA to impose any rate or charge, or any rule or regulation pertaining to a rate or charge, for costs incurred in the conduct of TVA activities or operations outside the United States. Deems any such rate, charge, rule, or regulation to be unjust, unreasonable, and unlawful. Mandates an annual TVA report to FERC detailing its activities outside the United States. Prohibits TVA electric power sales to a retail customer within a distributor service area assigned by law, unless: (1) the customer was purchasing electric power directly from TVA on the date of enactment of this Act; (2) the distributor purchases firm power from TVA that is no more than 50 percent of its total retail sales; or (3) the distributor agrees that TVA may sell power to the customer. Subjects TVA retail electric power sales to applicable State law. Subjects TVA to the same filing and disclosure requirements as pertain to other public utilities. Amends the Tennessee Valley Authority Act of 1933 to subject TVA to the antitrust laws. Denies TVA any power to rent, sell, or otherwise provide construction equipment or services to, or perform contract construction work for, any public or private entity, except for certain electrical contractors, customers, distributors, and governmental entities engaged in electrical utility work on a TVA electrical utility project.

TVA Customer Protection Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Activity Tax Simplification Act of 2013''. SEC. 2. MODERNIZATION OF PUBLIC LAW 86-272. (a) Solicitations With Respect to Sales and Transactions of Other Than Tangible Personal Property.--Section 101 of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.), is amended-- (1) in section (a), by striking ``either, or both,'' and inserting ``any one or more''; (2) in subsection (a)(1), by striking ``by such person'' and all that follows and inserting ``(which are sent outside the State for approval or rejection) or customers by such person, or his representative, in such State for sales or transactions, which are-- ``(A) in the case of tangible personal property, filled by shipment or delivery from a point outside the State; and ``(B) in the case of all other forms of property, services, and other transactions, fulfilled or distributed from a point outside the State;''; (3) in subsection (a)(2), by striking the period at the end and inserting a semicolon; (4) in subsection (a), by adding at the end the following new paragraphs: ``(3) the furnishing of information to customers or affiliates in such State, or the coverage of events or other gathering of information in such State by such person, or his representative, which information is used or disseminated from a point outside the State; and ``(4) those business activities directly related to such person's potential or actual purchase of goods or services within the State if the final decision to purchase is made outside the State.''; (5) by striking subsection (c) and inserting the following new subsection: ``(c) For purposes of subsection (a) of this section, a person shall not be considered to have engaged in business activities within a State during any taxable year merely-- ``(1) by reason of sales or transactions in such State, the solicitation of orders for sales or transactions in such State, the furnishing of information to customers or affiliates in such State, or the coverage of events or other gathering of information in such State, on behalf of such person by one or more independent contractors; ``(2) by reason of the maintenance of an office in such State by one or more independent contractors whose activities on behalf of such person in such State are limited to making sales or fulfilling transactions, soliciting order for sales or transactions, the furnishing of information to customers or affiliates, and/or the coverage of events or other gathering of information; or ``(3) by reason of the furnishing of information to an independent contractor by such person ancillary to the solicitation of orders or transactions by the independent contractor on behalf of such person.''; and (6) in subsection (d)(1)-- (A) by inserting ``or fulfilling transactions'' after ``selling''; and (B) by striking ``the sale of, tangible personal property'' and inserting ``a sale or transaction, furnishing information, or covering events, or otherwise gathering information''. (b) Application of Prohibitions to Other Business Activity Taxes.-- Title I of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.), is amended by adding at the end the following: ``Sec. 105. For taxable periods beginning on or after January 1, 2014, the prohibitions of section 101 that apply with respect to net income taxes shall also apply with respect to each other business activity tax, as defined in section 5(a)(2) of the Business Activity Tax Simplification Act of 2013. A State or political subdivision thereof may not assess or collect any tax which by reason of this section the State or political subdivision may not impose.''. SEC. 3. MINIMUM JURISDICTIONAL STANDARD FOR STATE AND LOCAL NET INCOME TAXES AND OTHER BUSINESS ACTIVITY TAXES. (a) In General.--No taxing authority of a State shall have power to impose, assess, or collect a net income tax or other business activity tax on any person relating to such person's activities in interstate commerce unless such person has a physical presence in the State during the taxable period with respect to which the tax is imposed. (b) Requirements for Physical Presence.-- (1) In general.--For purposes of subsection (a), a person has a physical presence in a State only if such person's business activities in the State include any of the following during such person's taxable year: (A) Being an individual physically in the State, or assigning one or more employees to be in the State. (B) Using the services of an agent (excluding an employee) to establish or maintain the market in the State, if such agent does not perform business services in the State for any other person during such taxable year. (C) The leasing or owning of tangible personal property or of real property in the State. (2) De minimis physical presence.--For purposes of this section, the term ``physical presence'' shall not include-- (A) presence in a State for less than 15 days in a taxable year (or a greater number of days if provided by State law); or (B) presence in a State to conduct limited or transient business activity. (c) Taxable Periods Not Consisting of a Year.--If the taxable period for which the tax is imposed is not a year, then any requirements expressed in days for establishing physical presence under this Act shall be adjusted pro rata accordingly. (d) Minimum Jurisdictional Standard.--This section provides for minimum jurisdictional standards and shall not be construed to modify, affect, or supersede the authority of a State or any other provision of Federal law allowing persons to conduct greater activities without the imposition of tax jurisdiction. (e) Exceptions.-- (1) Domestic business entities and individuals domiciled in, or residents of, the state.--Subsection (a) does not apply with respect to-- (A) a person (other than an individual) that is incorporated or formed under the laws of the State (or domiciled in the State) in which the tax is imposed; or (B) an individual who is domiciled in, or a resident of, the State in which the tax is imposed. (2) Taxation of partners and similar persons.--This section shall not be construed to modify or affect any State business activity tax liability of an owner or beneficiary of an entity that is a partnership, a S corporation (as defined in section 1361 of the Internal Revenue Code of 1986), a limited liability company (classified as a partnership for Federal income tax purposes), a trust, an estate, or any other similar entity, if the entity has a physical presence in the State in which the tax is imposed. (3) Preservation of authority.--This section shall not be construed to modify, affect, or supersede the authority of a State to enact a law and bring an enforcement action under such law or existing law against a person or persons or an entity or entities, including but not limited to related persons or entities, that is or are engaged in an illegal activity, a sham transaction, or an actual abuse in its or their business activities in order to ensure a proper reflection of its or their tax liabilities, nor shall it supersede the authority of a State to require combined reporting. SEC. 4. GROUP RETURNS. If, in computing the net income tax or other business activity tax liability of a person for a taxable year, the net income or other economic results of affiliated persons is taken into account, the portion of such combined or consolidated net income or other economic results that may be subject to tax by the State shall be computed using the methodology that is generally applicable to businesses conducting similar business activities and, if that generally applicable methodology employs an apportionment formula, the denominator or denominators of that formula shall include the aggregate factors of all persons whose net income or other economic results are included in such combined or consolidated net income or other economic results and the numerator or numerators shall include the factors attributable to the state of only those persons that are themselves subject to taxation by the State pursuant to the provisions of this Act and subject to all other legal constraints on State taxation of interstate or foreign commerce. SEC. 5. DEFINITIONS AND EFFECTIVE DATE. (a) Definitions.--For purposes of this Act: (1) Net income tax.--The term ``net income tax'' has the meaning given that term for the purposes of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.). (2) Other business activity tax.-- (A) In general.--The term ``other business activity tax'' means any tax in the nature of a net income tax or tax measured by the amount of, or economic results of, business or related activity conducted in the State. (B) Exclusion.--The term ``other business activity tax'' does not include a sales tax, a use tax, or a similar transaction tax, imposed on the sale or acquisition of goods or services, whether or not denominated a tax imposed on the privilege of doing business. (3) Person.--The term ``person'' has the meaning given such term by section 1 of title 1 of the United States Code. Each corporation that is a member of a group of affiliated corporations, whether unitary or not, is itself a separate ``person''. (4) State.--The term ``State'' means any of the several States, the District of Columbia, or any territory or possession of the United States, or any political subdivision of any of the foregoing. (5) Tangible personal property.--For purposes of section 3(b)(1)(C), the leasing or owning of tangible personal property does not include the leasing or licensing of computer software. (b) Effective Date.--This Act shall apply with respect to taxable periods beginning on or after January 1, 2014.

Business Activity Tax Simplification Act of 2013 - Expands the federal prohibition against state taxation of interstate commerce to: (1) include taxation of out-of-state transactions involving all forms of property, including intangible personal property and services (currently, only sales of tangible personal property are protected); and (2) prohibit state taxation of an out-of-state entity unless such entity has a physical presence in the taxing state. Sets forth criteria for: (1) determining that a person has a physical presence in a state, and (2) the computation of the tax liability of affiliated businesses operating in a state.

Business Activity Tax Simplification Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Falls Preservation and Redevelopment Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Great Falls Historic District in the State of New Jersey is an area of historical significance as an early site of planned industrial development, and has remained largely intact, including architecturally significant structures; (2) the Great Falls Historic District is listed on the National Register of Historic Places and has been designated a National Historic Landmark; (3) the Great Falls Historic District is within a half hour drive of New York City, and within two hours of Philadelphia, Hartford, New Haven, and Wilmington; (4) the District was originally established by the Society of Useful Manufactures, an organization whose leaders included a number of historically renowned individuals, including Alexander Hamilton; and (5) the Great Falls Historic District has been the subject of a number of studies which have shown that the District possesses a combination of historic significance and natural beauty worthy of and uniquely situated for preservation and redevelopment. SEC. 3. PURPOSE. The purpose of this Act is to preserve and interpret for the educational and inspirational benefit of the public, the contribution to our national heritage of certain historic and cultural -l-a-n-d-s-, -w-a-t-e-r-w-a-y-s lands and edifices of the Great Falls Historic District with emphasis on harnessing this unique urban environment for its educational and recreational value, as well as to enhance economic and cultural redevelopment within the District. SEC. 4. GREAT FALLS HISTORIC DISTRICT. (a) Establishment.--There is hereby established in the city of Paterson in the county of Passaic in the State of New Jersey the Great Falls Historic District. (b) Boundaries.--The boundaries of the District shall be the boundaries as specified for the Great Falls Historic District listed on the National Register of Historic Places. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary is authorized to enter into cooperative agreements in accordance with this Act. In expending moneys appropriated pursuant to this Act, the Secretary may make grants to and enter into cooperative agreements with State or local government agencies or nonprofit entities for each of the following: (1) The preparation of a plan for the development of historic, architectural, natural, cultural, and interpretive resources within the District. The plan shall include each of the following: (A) An evaluation of-- (i) the existing condition of historic and architectural resources; and (ii) the environmental and flood hazard conditions within the District. (B) Recommendations for-- (i) rehabilitating, reconstructing, and adaptively reusing such historic and architectural resources; (ii) preserving viewsheds, focal points, and streetscapes; (iii) establishing gateways to the District; (iv) establishing and maintaining parks and public spaces; -(-v-) -r-e-s-t-o-r-i-n-g-, -i-m-p-r-o-v-i-n-g-, -a-n-d -d-e-v-e-l-o-p-i-n-g -r-a-c-e-w-a-y-s -a-n-d -a-d-j-a-c-e-n-t -a-r-e-a-s-; -(-v-i-) (v) developing public parking areas; -(-v-i-i-) (vi) improving pedestrian and vehicular circulation within the District; -(-v-i-i-i-) (vii) improving security within the District, with an emphasis on preserving historically significant structures from arson; and -(-i-x-) (viii) establishing a visitor's center. (2) Implementation of projects approved by the Secretary pursuant to the Plan. (b) Restoration, Maintenance, and Interpretation.--The Secretary may enter into cooperative agreements with the owners of properties within the District of historical or cultural significance as determined by the Secretary, pursuant to which the Secretary may mark, interpret, improve, restore, and provide technical assistance with respect to the preservation and interpretation of such properties. Such agreements shall contain, but need not be limited to, provisions that the Secretary shall have the right of access at reasonable times to public portions of the property for interpretive and other purposes, and that no changes or alterations shall be made in the property except by mutual -a-g-r-e-e-m-e-n-t-. agreement, and with the approval of the Federal agency with regulatory jurisdiction over the property in question, if applicable. (c) Capital Projects.--(1) Application for funds for capital projects and improvements under this Act shall be submitted to the Secretary and shall include a description of how the project proposed to be funded will further the purposes of the District. (2) In making such funds available, the Secretary shall give consideration to projects which provide a greater leverage of Federal funds. Any payment made shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States of reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. SEC. 6. DEFINITIONS. As used in this Act: (1) The term ``District'' means the Great Falls Historic District established by section 4. (2) The term ``Secretary'' means the Secretary of the Interior. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary to carry out this Act not more than-- (1) $3,000,000 for capital projects; (2) $250,000 for planning; and (3) $50,000 for technical assistance. Funds made available pursuant to paragraphs (1) and (2) shall not exceed 50 percent of the total costs of the project to be funded. The authority to expend funds under this Act shall expire 5 years from the date of enactment. Passed the House of Representatives April 13, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Great Falls Preservation and Redevelopment Act of 1994 - Establishes the Great Falls Historic District in Paterson, New Jersey, to be administered by the Secretary of the Interior. Authorizes the Secretary to enter into cooperative agreements with: (1) State or local government agencies or nonprofit entities to prepare a plan for the development of historic, architectural, natural, cultural, and interpretative resources within the District and to implement projects approved by the Secretary pursuant to the plan; and (2) property owners for the preservation and interpretation of properties of historical or cultural significance. Requires applications for funds for capital projects and improvements to be submitted to the Secretary and to include a description of how the project will further the purposes of the District. Subjects such payments to an agreement that conversion, use, or disposal of such project for purposes contrary to this Act shall result in a right of the United States of reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. Authorizes appropriations. Prohibits funds made available for capital projects and planning from exceeding 50 percent of the total costs of the project to be funded. Terminates the authority to expend funds under this Act five years after the date of its enactment.

Great Falls Preservation and Redevelopment Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Focusing Investments and Resources for a Safe Transition Act'' or as the ``FIRST Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Research has shown that foster youths face a unique set of challenges, including a lack of financial and emotional support systems throughout their early adult years, as well as limited educational, employment, housing, and permanency options. (2) When foster youths exit or age out of the foster care system, foster youths often lack emotional, social, professional, and financial guidance to guide foster youths through the transition to adulthood. (3) While Congress has passed legislation to increase support for foster youths, research shows that foster youths still need greater assistance supporting their transition to adulthood. (4) A 2005 study found that foster youths fare poorly relative to their counterparts in the general population on the following outcome measures: (A) Employment. (B) Education. (C) Homelessness. (D) Mental health. (E) Medical insurance coverage. (F) Criminal activity. (G) Early pregnancy. (5) Nationwide, over 20,000 youth age out of foster care each year. SEC. 3. INDIVIDUAL DEVELOPMENT ACCOUNTS FOR FOSTER YOUTH. Section 105 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106) is amended-- (1) in subsection (a), by adding at the end the following: ``(6) Opportunity grants to create individual development accounts for foster youths.-- ``(A) Grants authorized.--The Secretary may make grants and enter into contracts, on a competitive basis, to States to enable the States (or State partners) to establish Individual Development Accounts for foster youths, to be accessed by the youths when the youths meet the requirements of subparagraph (D)(iii). ``(B) Application and plan.--The Governor of each State desiring a grant or contract under this paragraph shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Each such application shall contain a plan, developed by the appropriate State agency, for the State's Individual Development Account program that describes how the program-- ``(i) best suits the current and future needs of the State's foster youth community; ``(ii) enables foster youth to achieve self-support after leaving foster care; and ``(iii) establishes public or private partnerships to create a pool of funding from which foster youth deposits in Individual Development Accounts can be matched. ``(C) Priority for states.--In making grants and entering into contracts under this paragraph, the Secretary shall give priority to States that permit foster youths under age 13 to become account holders in programs carried out by the States under this paragraph. ``(D) Individual development accounts.-- ``(i) In general.--Each State receiving a grant or contract under this paragraph shall carry out a program in which the State establishes, or enters into an agreement with a public or private partnership to establish, Individual Development Accounts for foster youths, including foster youths in kinship or guardianship placements and foster youths who are transitioning from the foster care system. ``(ii) Deposits.--Each Individual Development Account shall consist of-- ``(I) amounts deposited into the Individual Development Account by the foster youth; ``(II) matching funds deposited into the Individual Development Account that are provided by a public or private partnership in an amount that does not exceed $2 for every $1 deposited by the foster youth; and ``(III) funds deposited into the Individual Development Account from amounts provided through grants or contracts awarded under this paragraph. ``(iii) Qualified youth.--To be qualified to withdraw funds from an Individual Development Account under this paragraph, an individual shall be the individual for whom the account was established under this paragraph and an individual who-- ``(I) is not younger than age 18, and is adopted or in a guardianship placement; ``(II) is not younger than age 18, and has moved to a permanent living arrangement not described in subclause (I); ``(III) is not younger than age 18 and is transitioning from the foster care system; or ``(IV) has a waiver from the State involved permitting the withdrawal for extenuating circumstances. ``(iv) Withdrawals.--Funds in an Individual Development Account-- ``(I) may be withdrawn by a qualified individual-- ``(aa) to secure and maintain stable housing; ``(bb) to pursue educational opportunities; ``(cc) to obtain vocational training; and ``(dd) after the youth has used funds in the account for each of the objectives described in items (aa) through (cc), to operate a business or purchase a car; and ``(II) at the election of the State involved, may be withdrawn by the qualified individual to purchase essential items such as work uniforms and car insurance, in order to assist the individual in becoming self- sufficient. ``(v) Money management training.--In carrying out the program, the State shall ensure that-- ``(I) a public or private partnership shall provide a small amount of seed money to each foster youth selected to become an account holder through the program, to enable the youth to attend money management training; and ``(II) the youth shall complete the training before receiving access to the account. ``(vi) Name on account.--If an account is established under this paragraph for an individual while the individual is a foster youth, and the individual subsequently moves to a permanent living arrangement, the account shall remain in the individual's name.''; (2) in subsection (c)-- (A) by striking ``In making'' and inserting the following: ``(1) In general.--In making''; and (B) by adding at the end the following: ``(2) Evaluations of individual development account programs.-- ``(A) Evaluation.--In the case of programs carried out by States under subsection (a)(6), the Secretary shall conduct independent evaluations of the effectiveness of the programs. ``(B) Reports.-- ``(i) Contents.--The Secretary shall prepare interim and final reports containing the results of the evaluations and related recommendations, including-- ``(I) information describing how individuals with Individual Development Accounts spend the funds withdrawn from the accounts; ``(II) information describing how the State programs impact quality of life indicators for such individuals, after the individuals are eligible to withdraw funds from the accounts; ``(III) information describing the effectiveness of the money management training described in subsection (a)(6)(D)(v), including the effects of the training on program performance, and information describing the collaboration between the States and the partners described in subsection (a)(6)(B)(iii); and ``(IV) recommendations on strengthening or modifying the programs carried out under subsection (a)(6). ``(ii) Submission.-- ``(I) Interim report.--Not later than 2 years after the date of enactment of the FIRST Act, the Secretary shall submit the interim report described in clause (i) to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(II) Final report.--Not later than 3 years after that date of enactment, the Secretary shall submit the final report described in clause (i) to the committees described in subclause (I).''; and (3) by adding at the end the following: ``(d) No Reduction in Benefits.--Notwithstanding any other provision of Federal law (other than the Internal Revenue Code of 1986) that requires consideration of one or more financial circumstances of an individual, for the purpose of determining eligibility to receive, or the amount of, any assistance or benefit authorized by such law to be provided to or for the benefit of such individual, funds (including interest accruing) in an Individual Development Account under subsection (a)(6) shall be disregarded for such purpose with respect to any period during which such individual maintains or makes contributions into such an account.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 112(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)) is amended-- (1) in paragraph (1), by inserting ``(other than section 105(a)(6))'' after ``this title''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) Authorization of appropriations for individual development account programs.--There are authorized to be appropriated to carry out section 105(a)(6) such sums as may be necessary for fiscal year 2008 and each of the 4 succeeding fiscal years.''.

Focusing Investments and Resources for a Safe Transition Act, or FIRST Act - Amends the Child Abuse Prevention and Treatment Act to authorize the Secretary of Health and Human Services to make competitive grants to and enter into contracts with states (or state partners) to enable them to establish Individual Development Accounts for qualified foster youth to assist them in achieving self-support for housing, education, vocational training, and specified other purposes after leaving foster care.

A bill to provide Individual Development Accounts to support foster youths who are transitioning from the foster care system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Conventional Arms Threat Reduction Act of 2004''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) The global proliferation of man-portable air defense systems (MANPADS), other small arms and light weapons, and tactical missile systems poses a direct threat to the national security of the United States. (2) The use of MANPADS and other small arms and light weapons by terrorists and insurgent groups continues to hamper United States efforts to achieve peace and security in Iraq and Afghanistan. (3) The proliferation of tactical missile systems provides many regimes with a means of income and threatens international peace and security. (4) The Government Accountability Office has estimated that there are between 500,000 and 750,000 MANPADS in the world. (5) Many countries that possess stocks of MANPADS, other conventional weapons, and tactical missile systems no longer require such weapons for their own security or self defense, but do not possess the means for the elimination or safeguarding of such systems. (6) There is currently no single United States program designed to promote efforts in other countries related to conventional arms threat reduction and the elimination of tactical missiles. (7) The Department of State has not used the Nonproliferation and Disarmament Fund for any activity to eliminate any tactical missile systems since 2002. (b) Sense of Congress.--It is the sense of Congress that-- (1) where appropriate, the United States Government should provide assistance to countries seeking to secure, remove, or eliminate stocks of MANPADS, other conventional weapons, and tactical missile systems that pose a proliferation threat; and (2) given the clear links between global networks of terrorism and networks of the illicit trade in small arms and light weapons, the United States Government should place consistent, broad, and continued emphasis on combating the proliferation of MANPADS, other small arms and light weapons, and tactical missile systems within the broader nonproliferation strategy of the United States. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to assist the governments of other countries in safeguarding or eliminating stocks of MANPADS, other conventional weapons, and tactical missile systems that pose a proliferation threat. SEC. 4. GLOBAL PROGRAM FOR THE SAFEGUARDING AND ELIMINATION OF CONVENTIONAL ARMS. (a) In General.--The Secretary of State is authorized to carry out an accelerated global program to secure, remove, or eliminate stocks of MANPADS, other conventional weapons, and tactical missile systems, as well as related equipment and facilities, that are determined by the Secretary to pose a proliferation threat. (b) Program Elements.--The program authorized under subsection (a) may include the following activities: (1) Humanitarian demining activities. (2) Small arms and light weapons destruction activities. (3) Programs for the elimination or securing of tactical missile systems. (4) Programs for the elimination or securing of MANPADS. (5) Programs to assist countries in the safe handling and proper storage of MANPADS, other conventional weapons, and tactical missile systems. (6) Cooperative programs with the North Atlantic Treaty Organization and other international organizations to assist countries in the safe handling and proper storage or elimination of MANPADS, other conventional weapons, and tactical missile systems. (7) The utilization of funds for the elimination or safeguarding of MANPADS, other conventional weapons, and tactical missile systems. (8) The management of MANPADS, other conventional weapons, and tactical missile systems at locations where United States funds have been used to provide for the security of such weapons. (9) Actions to ensure that equipment and funds, including security upgrades at locations for the storage or disposition of MANPADS, other conventional weapons, tactical missile systems, and related equipment that are determined by the Secretary of State to pose a proliferation threat, continue to be used for authorized purposes. SEC. 5. OFFICE OF CONVENTIONAL ARMS THREAT REDUCTION. There is established within the Department of State an Office of Conventional Arms Threat Reduction. The principal duties of the head of such office are to formulate policy on conventional arms threat reduction and to plan and administer programs for carrying out activities under section 4. SEC. 6. REPORT ON CONVENTIONAL ARMS THREAT REDUCTION. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on conventional arms threat reduction. (b) Content.--The report required under subsection (a) shall include the following information: (1) A description of prior efforts of the Department of State regarding conventional arms threat reduction. (2) A description of the progress made in initiating the operations of the Office of Conventional Arms Threat Reduction established under section 5. (3) A description, on a country-by-country basis, of the implementation of a global strategy for the elimination or safeguarding of MANPADS, other conventional weapons, and tactical missile systems, including, to the extent possible, a prioritization of such elimination and safeguarding efforts with respect to the proliferation sensitivity of such weapons in each country. (4) An evaluation of the extent to which activities under this Act and other United States Government programs are integrated to ensure that the conventional arms threat reduction efforts of the United States are consistent with United States policy and goals in countries receiving assistance through such activities. (5) A description of the scope and nature of United States programs related to the elimination of tactical missile systems. (c) Form.--The report required under subsection (a) shall be in unclassified form, but may contain a classified annex. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to sums already authorized to be appropriated, there is authorized to be appropriated to the President $50,000,000 for fiscal year 2005 for carrying out activities under this Act. (b) Limitation.--Of the funds authorized to be appropriated under subsection (a), not more than $10,000,000 may be obligated until the Secretary of State submits to the appropriate congressional committees the report required under section 6. SEC. 8. DEFINITIONS. In this Act: (1) The term ``appropriate congressional committees'' means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives. (2) The term ``Nonproliferation and Disarmament Fund'' means the Nonproliferation and Disarmament Fund established under section 504 of the FREEDOM Support Act (22 U.S.C. 5854). (3) The term ``small arms and light weapons'' means revolvers and self-loading pistols, rifles and carbines, submachine guns, assault rifles, light machine guns, heavy machine guns, hand-held under barrel and mounted grenade launchers, portable antiaircraft guns, portable antitank guns, recoilless rifles, portable antitank and antiaircraft missiles and rocket systems (including launch tubes, gripstocks, and thermal batteries), mortars of calibers of less than 100 millimeters, ammunition and explosives, cartridges and rounds for small arms and light weapons, antipersonnel and antitank hand grenades, landmines, and explosives.

Conventional Arms Threat Reduction Act of 2004 - Directs the Secretary of State to carry out an accelerated global program to secure or eliminate stocks of man-portable air defense systems (MANPADS), other conventional weapons, tactical missile systems, and related equipment and facilities that pose a proliferation threat. Establishes within the Department of State an Office of Conventional Arms Threat Reduction which shall formulate policy on conventional arms threat reduction and plan and administer arms reduction programs.

A bill to provide for the elimination and safeguarding of conventional arms.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Benefits Improvement Act of 2007''. SEC. 2. PROVISION OF SPECIALLY ADAPTIVE HOUSING ASSISTANCE TO DISABLED MEMBERS OF THE ARMED FORCES RESIDING TEMPORARILY IN HOUSING OWNED BY A FAMILY MEMBER. Section 2102A of title 38, United States Code, is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection (d): ``(d) Assistance for Members of the Armed Forces.--The Secretary may provide assistance under subsection (a) to a member of the Armed Forces serving on active duty who is suffering from a disability described in subsection (a)(2) or (b)(2) of section 2101 of this title if such disability is the result of an injury incurred or disease contracted in or aggravated in line of duty in the active military, naval, or air service. Such assistance shall be provided to the same extent as assistance is provided under subsection (a) to veterans eligible for assistance under that subsection and subject to the limitation under subsection (c).''. SEC. 3. VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS EDUCATION ASSISTANCE PROGRAM. (a) Establishment of Program.--Chapter 76 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER VIII--VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS SCHOLARSHIP PROGRAM ``Sec. 7691. Authority for program ``As part of the Educational Assistance Program and subject to the availability of appropriations for such purpose, the Secretary shall carry out a scholarship program under this subchapter. The program shall be known as the Department of Veterans Affairs Visual Impairment and Orientation and Mobility Professionals Scholarship Program (hereinafter in this subchapter referred to as the `Program'). The purpose of the Program is to increase the supply of qualified blind rehabilitation specialists for the Department and the Nation. ``Sec. 7692. Eligibility; agreement ``(a) Eligibility.--To be eligible to participate in the Program, an individual must be accepted for enrollment or enrolled (as described in section 7602 of this title) as a full-time or part-time student in a field of education or training described in subsection (b). ``(b) Qualifying Fields of Education or Training.--A field of education or training described in this subsection is education or training leading to-- ``(1) a degree or certificate in visual impairment or orientation and mobility, or a dual degree or certification in both such areas; and ``(2) appointment or retention in a position under section 7401 of this title. ``(c) Agreement.--(1) An agreement between the Secretary and a participant in the Program shall (in addition to the requirements set forth in section 7604 of this title) include the following: ``(A) The Secretary's agreement to provide the participant with a scholarship under the Program for a specified number (from one to three) of school years during which the participant pursues a course of education or training described in subsection (b) that meets the requirements set forth in section 7602(a) of this title. ``(B) The participant's agreement to serve as a full-time employee in the Veterans Health Administration for a period of three years (hereinafter in this subchapter referred to as the `period of obligated service') during the six-year period beginning on the date the participant completes the education or training and receives a degree or certificate described in subsection (b)(1). ``(C) The participant's agreement to serve under subparagraph (B) in a Department facility selected by the Secretary. ``(2) In a case in which an extension is granted under section 7673(c)(2) of this title, the number of years for which a scholarship may be provided under the Program shall be the number of school years provided for as a result of the extension. ``(3) In the case of a participant who is a part-time student, the period of obligated service shall be reduced in accordance with the proportion that the number of credit hours carried by such participant in any such school year bears to the number of credit hours required to be carried by a full-time student in the course of training being pursued by the participant, but in no event to less than one year. ``Sec. 7693. Scholarship ``(a) Scholarship.--A scholarship provided to a participant in the Program for a school year shall consist of payment of the tuition (or such portion of the tuition as may be provided under subsection (b)) of the participant for that school year and payment of other reasonable educational expenses (including fees, books, and laboratory expenses) for that school year. ``(b) Amounts.--The total amount of the scholarship payable under subsection (a)-- ``(1) in the case of a participant in the Program who is a full-time student, may not exceed $15,000 for the equivalent of one year of full-time coursework; and ``(2) in the case of a participant in the Program who is a part-time student, shall bear the same ratio to the amount that would be paid under paragraph (1) if the participant were a full-time student in the course of education or training being pursued by the participant as the coursework carried by the participant to full-time coursework in that course of education or training. ``(c) Limitations on Period of Payment.--(1) The maximum number of school years for which a scholarship may be paid under subsection (a) to a participant in the Program shall be six school years. ``(2) A participant in the Program may not receive a scholarship under subsection (a) for more than the equivalent of three years of full-time coursework. ``(d) Payment of Educational Expenses by Educational Institutions.--The Secretary may arrange with an educational institution in which a participant in the Program is enrolled for the payment of the educational expenses described in subsection (a). Such payments may be made without regard to subsections (a) and (b) of section 3324 of title 31. ``(e) Full-Time Coursework.--For purposes of this section, full- time coursework shall consist of the following: ``(1) In the case of undergraduate coursework, 30 semester hours per undergraduate school year. ``(2) In the case of graduate coursework, 18 semester hours per graduate school year. ``Sec. 7694. Obligated service ``(a) In General.--Each participant in the Program shall provide service as a full-time employee of the Department for the period of obligated service provided in the agreement of the participant entered into under section 7604 of this title. Such service shall be provided in the full-time clinical practice of such participant's profession or in another health-care position in an assignment or location determined by the Secretary. ``(b) Determination of Service Commencement Date.--(1) Not later than 60 days before a participant's service commencement date, the Secretary shall notify the participant of that service commencement date. That date is the date for the beginning of the participant's period of obligated service. ``(2) As soon as possible after a participant's service commencement date, the Secretary shall-- ``(A) in the case of a participant who is not a full-time employee in the Veterans Health Administration, appoint the participant as such an employee; and ``(B) in the case of a participant who is an employee in the Veterans Health Administration but is not serving in a position for which the participant's course of education or training prepared the participant, assign the participant to such a position. ``(3)(A) In the case of a participant receiving a degree from a school of medicine, osteopathy, dentistry, optometry, or podiatry, the participant's service commencement date is the date upon which the participant becomes licensed to practice medicine, osteopathy, dentistry, optometry, or podiatry, as the case may be, in a State. ``(B) In the case of a participant receiving a degree from a school of nursing, the participant's service commencement date is the later of-- ``(i) the participant's course completion date; or ``(ii) the date upon which the participant becomes licensed as a registered nurse in a State. ``(C) In the case of a participant not covered by subparagraph (A) or (B), the participant's service commencement date is the later of-- ``(i) the participant's course completion date; or ``(ii) the date the participant meets any applicable licensure or certification requirements. ``(4) The Secretary shall by regulation prescribe the service commencement date for participants who were part-time students. Such regulations shall prescribe terms as similar as practicable to the terms set forth in paragraph (3). (c) ``(c) Commencement of Obligated Service.--(1) Except as provided in paragraph (2), a participant in the Program shall be considered to have begun serving the participant's period of obligated service-- ``(A) on the date, after the participant's course completion date, on which the participant (in accordance with subsection (b)) is appointed as a full-time employee in the Veterans Health Administration; or ``(B) if the participant is a full-time employee in the Veterans Health Administration on such course completion date, on the date thereafter on which the participant is assigned to a position for which the participant's course of training prepared the participant. ``(2) A participant in the Program who on the participant's course completion date is a full-time employee in the Veterans Health Administration serving in a capacity for which the participant's course of training prepared the participant shall be considered to have begun serving the participant's period of obligated service on such course completion date. ``(d) Course Completion Date Defined.--In this section, the term `course completion date' means the date on which a participant in the Program completes the participant's course of education or training under the Program. ``Sec. 7695. Repayment for failure to satisfy requirements of agreement ``(a) In General.--An individual who receives educational assistance under this subchapter shall repay to the Secretary an amount equal to the unearned portion of such assistance if the individual fails to satisfy the requirements of the agreement entered into under section 7604 of this title, except in circumstances authorized by the Secretary. ``(b) Amount of Repayment.--The Secretary shall establish, by regulations, procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to the required repayment may be granted. ``(c) Waiver or Suspension of Compliance.--The Secretary shall prescribe regulations providing for the waiver or suspension of any obligation of an individual for service or payment under this subchapter (or an agreement under this subchapter) whenever noncompliance by the individual is due to circumstances beyond the control of the individual or whenever the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States. ``(d) Obligation as Debt to United States.--An obligation to repay the Secretary under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after the date of the termination of the agreement or contract on which the debt is based.''. (b) Clerical Amendment.--The tables of sections at the beginning of such chapter is amended by inserting after the items relating to subchapter VII the following new items: ``subchapter viii--visual impairment and orientation and mobility professionals scholarship program ``7691. Authority for program. ``7692. Eligibility; agreement. ``7693. Scholarship. ``7694. Obligated service. ``7695. Repayment for failure to satisfy requirements of agreement.''. (c) Conforming Amendments.--Such chapter is further amended-- (1) in section 7601(a)-- (A) in paragraph (4), by striking ``and'' at the end; (B) in paragraph (5), by striking the period and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(6) the Visual Impairment and Orientation and Mobility Professionals Scholarship Program provided for in subchapter VIII of this chapter.''; (2) in section 7602-- (A) in subsection (a)(1)-- (i) by striking ``or VI'' and inserting ``VI, or VIII''; and (ii) by striking ``or for which a scholarship may be awarded under subchapter VI of this chapter'' and inserting ``for which a scholarship may be awarded under subchapter VI of this chapter, or for which a scholarship may be awarded under subchapter VIII of this chapter''; and (B) in subsection (b), by striking ``or VI'' and inserting ``VI, or VIII''; (3) in section 7603(a)(1), by striking ``or VI'' and inserting ``VI, or VIII''; and (4) in section 7604, by striking ``or VI'' each place it appears and inserting ``VI, or VIII''. (d) Effective Date.--The Secretary of Veterans Affairs shall implement subchapter VIII of chapter 76 of title 38, United States Code, as added by subsection (a), not later than six months after the date of the enactment of this Act. SEC. 4. VETERANS' REEMPLOYMENT RIGHTS REPORT IMPROVEMENT. (a) Additional Report Requirements.--Section 4332 of title 38, United States Code, is amended-- (1) by striking ``The Secretary shall'' and inserting ``(a) Report Required.--The Secretary shall''; (2) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively, and inserting after paragraph (3) the following new paragraph (4): ``(4) The number of cases reviewed by the Secretary of Defense under the National Committee for Employer Support of the Guard and Reserve of the Department of Defense during the fiscal year for which the report is made.''. (3) in paragraph (5), as so redesignated, by striking ``or (3)'' and inserting ``(3), or (4)''; (4) by redesignating paragraph (7), as so redesignated, as paragraph (8), and inserting after paragraph (6) the following new paragraph (7): ``(7) An indication of which of the cases reported on pursuant to paragraphs (1), (2), (3), and (4) are disability- related.''. (5) by adding at the end the following new subsections: ``(b) Uniform Categorization of Data.--The Secretary shall coordinate with the Secretary of Defense, the Secretary of Veterans Affairs, the Attorney General, and the Special Counsel to ensure that the information required to be submitted as part of the report under subsection (a) is categorized in a uniform way. ``(c) Provision of Information.--The Secretary shall provide the information contained in the report required under subsection (a) to the Secretary of Defense, the Secretary of Veterans Affairs, the Attorney General, and the Special Counsel.''. (b) Effective Date.--The amendments made by this section shall apply with respect to a report submitted after the date of the enactment of this Act. SEC. 5. INCREASE IN NUMBER OF MEMBERS OF ADVISORY COMMITTEE ON VETERANS EMPLOYMENT, TRAINING, AND EMPLOYER OUTREACH. Section 4110(c)(1) of title 38, United States Code, is amended by striking ``15'' and inserting ``16''. Passed the House of Representatives July 30, 2007. Attest: LORRAINE C. MILLER, Clerk.

Veterans' Benefits Improvement Act of 2007 - (Sec. 2) Authorizes the Secretary of Veterans Affairs to provide specially adaptive housing assistance for disabled members of the Armed Forces residing temporarily in housing owned by a family member if such military member suffers from a disability which is permanent and total in nature and is the result of an injury incurred or disease contracted or aggravated in the line of duty in active military service. (Sec. 3) Directs the Secretary to carry out the Department of Veterans Affairs Visual Impairment and Orientation and Mobility Professionals Scholarship Program to increase the supply of qualified blind rehabilitation specialists for the Department of Veterans Affairs (VA) and the country. Outlines eligibility requirements, including being a full- or part-time student in such fields of education or training. Requires: (1) full-time scholarship recipients to serve full-time in the Veterans Health Administration (VHA) in such field of clinical practice for three years during the six-year period following completion of such education or training; and (2) part-time recipients to serve a proportionately reduced period, but not less than one year. Limits to $15,000 per academic year the maximum scholarship for full-time participants. Requires pro rata repayment for unserved periods of obligated service. (Sec. 4) Requires the Secretary to include, within a currently-required annual report concerning veterans' reemployment rights: (1) the number of cases reviewed by the Secretary of Defense under the National Committee for Employer Support of the Guard and Reserve of the Department of Defense; and (2) an indication of which of the reported cases are disability-related. (Sec. 5) Increases from 15 to 16 the number of members on the Advisory Committee on Veterans Employment, Training, and Employer Outreach.

A bill to amend title 38, United States Code, to make certain improvements in the benefits provided to veterans under laws administered by the Secretary of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Methamphetamine Production Prevention Act of 2008''. SEC. 2. CLARIFICATIONS REGARDING SIGNATURE CAPTURE AND RETENTION FOR ELECTRONIC METHAMPHETAMINE PRECURSOR LOGBOOK SYSTEMS. Section 310(e)(1)(A) of the Controlled Substances Act (21 U.S.C. 830(e)(1)(A)) is amended by striking clauses (iv) through (vi) and inserting the following: ``(iv) In the case of a sale to which the requirement of clause (iii) applies, the seller does not sell such a product unless the sale is made in accordance with the following: ``(I) The prospective purchaser-- ``(aa) presents an identification card that provides a photograph and is issued by a State or the Federal Government, or a document that, with respect to identification, is considered acceptable for purposes of sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B) of title 8, Code of Federal Regulations (as in effect on or after March 9, 2006); and ``(bb) signs the written logbook and enters in the logbook his or her name, address, and the date and time of the sale, or for transactions involving an electronic logbook, the purchaser provides a signature using one of the following means: ``(AA) Signing a device presented by the seller that captures signatures in an electronic format. Such device shall display the notice described in clause (v). Any device used shall preserve each signature in a manner that clearly links that signature to the other electronically-captured logbook information relating to the prospective purchaser providing that signature. ``(BB) Signing a bound paper book. Such bound paper book shall include, for such purchaser, either (aaa) a printed sticker affixed to the bound paper book at the time of sale which either displays the name of each product sold, the quantity sold, the name and address of the purchaser, and the date and time of the sale, or a unique identifier which can be linked to that electronic information, or (bbb) a unique identifier which can be linked to that information and which is written into the book by the seller at the time of sale. The purchaser shall sign adjacent to the printed sticker or written unique identifier related to that sale. Such bound paper book shall display the notice described in clause (v). ``(CC) Signing a printed document that includes, for such purchaser, the name of each product sold, the quantity sold, the name and address of the purchaser, and the date and time of the sale. Such document shall be printed by the seller at the time of the sale. Such document shall contain a clearly identified signature line for a purchaser to sign. Such printed document shall display the notice described in clause (v). Each signed document shall be inserted into a binder or other secure means of document storage immediately after the purchaser signs the document. ``(II) The seller enters in the logbook the name of the product and the quantity sold. Such information may be captured through electronic means, including through electronic data capture through bar code reader or similar technology. ``(III) The logbook maintained by the seller includes the prospective purchaser's name, address, and the date and time of the sale, as follows: ``(aa) If the purchaser enters the information, the seller must determine that the name entered in the logbook corresponds to the name provided on such identification and that the date and time entered are correct. ``(bb) If the seller enters the information, the prospective purchaser must verify that the information is correct. ``(cc) Such information may be captured through electronic means, including through electronic data capture through bar code reader or similar technology. ``(v) The written or electronic logbook includes, in accordance with criteria of the Attorney General, a notice to purchasers that entering false statements or misrepresentations in the logbook, or supplying false information or identification that results in the entry of false statements or misrepresentations, may subject the purchasers to criminal penalties under section 1001 of title 18, United States Code, which notice specifies the maximum fine and term of imprisonment under such section. ``(vi) Regardless of whether the logbook entry is written or electronic, the seller maintains each entry in the logbook for not fewer than 2 years after the date on which the entry is made.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Methamphetamine Production Prevention Act of 2008 - Amends the Controlled Substances Act to expand written and electronic logbook requirements applicable to sellers and purchasers of listed chemicals (e.g., legal substances used in the production of methamphetamine). Requires retail sellers of listed chemicals to use an electronic logbook or a bound paper book to obtain required information (i.e., name and address of purchaser, date and time of sale, and quantity sold) for sales of listed chemicals. Requires an electronic logbook to capture signatures in an electronic format. Requires a bound paper book to include: (1) a clear line for the purchaser's signature; and (2) a sticker affixed to the book at the time of sale which displays the name of each product sold, the quantity sold, the name and address of the purchaser, and the date and time of the sale or a unique identifier that can be linked to electronic or written information. Requires sellers and purchasers of listed chemicals to verify the accuracy of information entered into an electronic logbook or bound paper book. Requires sellers of listed chemicals to maintain entries in written logbooks or electronic formats for not fewer than two years.

A bill to facilitate the creation of methamphetamine precursor electronic logbook systems, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Fairness Act''. SEC. 2. COMMUNITY SUPPORT OBLIGATIONS OF MORTGAGE BANKS. (a) In General.--Each mortgage bank shall have an ongoing responsibility to meet the credit needs of all the communities in which such bank makes a significant number of extensions of credit or extends a significant amount of credit, including extensions of credit in low- and moderate-income neighborhoods of such communities. (b) Definitions.--For purposes of this Act, the following definitions shall apply: (1) Mortgage bank.--The term ``mortgage bank'' means any lender who does not accept deposits and originates housing related loans. (2) Office.--The term ``Office'' means the Office of Mortgage Bank and Insurance Supervision established by the Secretary of Housing and Urban Development pursuant to section 3. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 3. ESTABLISHMENT OF OFFICE OF MORTGAGE BANK AND INSURANCE SUPERVISION. The Secretary of Housing and Urban Development shall establish within the Department of Housing and Urban Development an office to be known as the Office of Mortgage Bank and Insurance Supervision to evaluate the community support performance of mortgage banks and mortgage insurance companies. SEC. 4. MORTGAGE BANK COMMUNITY SUPPORT STATEMENTS. (a) In General.--The Office shall, on a biennial basis, require each mortgage bank to submit to the Office a community support statement, detailing the efforts of such bank at meeting the housing credit needs of each community in which the bank makes a significant number of extensions of credit or extends a significant amount of credit, including extensions of credit in low- and moderate-income neighborhoods of such communities. (b) Contents.--The statement submitted by each mortgage bank under subsection (a) shall include-- (1) the data required to be maintained and disclosed by the lender under the Home Mortgage Disclosure Act of 1975 for the previous 2 years, in a format which the Office shall establish; (2) underwriting criteria employed by the bank for all of the bank's housing loan products; (3) descriptions of any activity the bank has undertaken over the period under review to ascertain and meet identified credit needs in low- and moderate-income neighborhoods within communities in which the bank makes a significant number of extensions of credit or extends a significant amount of credit, including any partnerships formed with community-based organizations, nonprofit developers of affordable housing, or agencies of State or local government; (4) details of any findings of technical or substantive violations of the Equal Credit Opportunity Act or the Fair Housing Act, and any settlements or judgments arising from any such findings; and (5) any other information the Office may require. SEC. 5. MORTGAGE BANK COMMUNITY SUPPORT EVALUATION. The Office shall determine whether a mortgage bank is maintaining an adequate community support performance, based on-- (1) community support performance statements received from mortgage banks; (2) an analysis of the data required to be maintained and disclosed by the lender under the Home Mortgage Disclosure Act of 1975 for the previous 2 years with respect to metropolitan statistical areas in which the bank originates a significant number of home loans, which shall emphasize-- (A) the institution's market share in neighborhoods of different racial and income characteristics; (B) the number of applications received from minorities and low- and moderate-income persons; and (C) the rate at which the institutions rejects applications from minority and white applicants; (3) any evidence of illegal discriminatory credit practices, including prescreening, or offering less favorable loan products to applicants of different racial backgrounds; and (4) public comment, which shall be received by the agency for not less than 90 days after the Office actively solicits comment solicitations of comment through notice in the Federal Register and regular communications with community based organizations. SEC. 6. PENALTIES FOR FINDING OF INADEQUATE COMMUNITY SUPPORT PERFORMANCE BY MORTGAGE BANKS. (a) Remedial Action.--If the Secretary finds that a mortgage bank is maintaining an inadequate level of community support, the Secretary may issue an order-- (1) requiring the bank to file a community support action plan with the Office not more than 90 days after the finding, which shall include concrete goals and timetables for correcting identified deficiencies; and (2) prohibiting the bank from using any program or product administered by the Secretary until all identified deficiencies are met. (b) Cease and Desist Orders.-- (1) Issuance of order.-- (A) In general.--If the Secretary determines that there is reasonable cause to believe that a mortgage bank is violating, has violated, or is about to violate an order under subsection (a) or a community support action plan filed pursuant to such an order, the Secretary may issue an order requiring the mortgage bank to-- (i) cease and desist from any such violation; and (ii) take such affirmative action to prevent the occurrence or the continuance of such violation as the Secretary determines to be appropriate. (B) Notice of charges.--An order issued under this paragraph shall include a notice of the charges on which the order is based and a statement of the facts constituting the alleged violation. (C) Effective period.--An order issued under this paragraph shall-- (i) become effective upon service to the mortgagee; and (ii) remain effective and enforceable pursuant to the terms of the order unless modified or rescinded by the Secretary or pursuant to an order of a court under paragraph (3) or in connection with the court's review of any administrative proceedings with respect to the order issued under this subsection. (2) Hearing.--Any mortgage bank which receives an order under paragraph (1) shall be afforded an opportunity for a hearing on the record by the Secretary as soon as practicable but not later than 20 days after the order has been served. (3) Judicial hearing.--Within 10 days after a mortgage bank has been served with a cease-and-desist order under this subsection, the bank may apply to the United States district court for the judicial district in which the home office of the bank is located, or the United States District Court for the District of Columbia, for an injunction setting aside, limiting, or suspending the enforcement, operation, or effectiveness of such order pending the completion of the administrative proceedings pursuant to the notice of charges served upon the bank, and such court shall have jurisdiction to issue such injunction. (4) Judicial enforcement.--The Secretary may apply to the United States district court, or the United States court of any territory, within the jurisdiction of which the home office of the mortgagee is located, for an injunction to enforce any effective and outstanding order issued under this subsection and, if the court determines that there has been a violation or threatened violation of such order, the court shall issue such injunction. (c) Civil Money Penalty.-- (1) Imposition of penalty.-- (A) In general.--The Secretary may impose a civil money penalty on any mortgage bank, and any director, officer or employee of a mortgage bank, who violates any order issued under subsection (a) or (b). (B) Amount of penalty.--The amount of the penalty, as determined by the Secretary, may not exceed-- (i) in the case of a violation of an order issued under subsection (a), $10,000 for each month during which such violation occurs; and (ii) in the case of a violation of an order issued under subsection (b), $10,000 for each day during which such violation continues. (C) Notification to attorney general.--Before taking action to impose a civil money penalty for a violation under subparagraph (A), the Secretary shall inform the Attorney General of the United States. (2) Assessment.-- (A) Written notice.--Any penalty imposed under paragraph (1) may be assessed and collected by the Secretary by written notice. (B) Finality of assessment.--If, with respect to any assessment under subparagraph (A), a hearing is not requested pursuant to paragraph (5) within the period of time allowed under such paragraph, the assessment shall constitute a final and unappealable order. (3) Authority to modify or remit penalty.--The Secretary may compromise, modify, or remit any penalty which the Secretary may assess or already has assessed under paragraph (1). (4) Mitigating factors.--In determining the amount of a penalty under paragraph (1) with respect to any person, the Secretary shall take into account the appropriateness of the penalty with respect to-- (A) the gravity of the offense; (B) any history of previous violations by the person; (C) the ability of the person to pay the penalty; (D) injury to the public; (E) benefits received by the person as a result of the violation; (F) the deterrent effect of the penalty on future violations by such person and other persons; and (G) such other factors as the Secretary may determine in regulations to be appropriate. (5) Hearing.--The person against whom a civil money penalty is assessed under paragraph (1) shall be afforded an opportunity for a hearing on the record, if such person submits a request for such hearing within 20 days after the issuance of the notice of the assessment. (6) Collection.-- (A) Referral.--If any person fails to pay an assessment after any penalty assessed under this subsection has become final, the Secretary shall notify the Attorney General who shall recover the amount assessed in the appropriate United States district court. (B) Appropriateness of penalty not reviewable.--In any civil action under subparagraph (A), the validity and appropriateness of the penalty shall not be subject to review. (7) Disbursement.--All penalties collected pursuant to this subsection shall be deposited into the Treasury of the United States. (8) Agency procedures--The Secretary shall, by regulation, establish standards and procedures for carrying out this subsection. SEC. 7. COMMUNITY SUPPORT REQUIREMENTS FOR MORTGAGE INSURANCE COMPANIES. (a) In General.--Each mortgage insurance company shall-- (1) report to the Office the number and total dollar amount of each mortgage insurance policy written by the company, by census tract, the race, gender, and income of applicants for mortgage insurance, and the disposition of each application for mortgage insurance; (2) demonstrate to the Secretary adequate support for community credit needs; and (3) make public to any person the underwriting criteria for any mortgage insurance the company offers. (b) 2-Year Reporting Requirement.--At least once during each 2-year period beginning after the date of enactment of this Act, each mortgage insurance company shall submit a report to the Office containing the following information: (1) Adequacy of availability of mortgage insurance.--The extent to which adequate mortgage insurance is available in low- and moderate-income and minority neighborhoods within areas in which the company writes a significant number of mortgage insurance policies. (2) Underwriting guidelines.--The extent to which underwriting guidelines used by the company do not unreasonably restrict access to low- and moderate-income families within areas in which the company writes a significant number of mortgage insurance policies. (c) Duties of the Office.--The Office shall conduct biennial community support reviews of mortgage insurance companies including analysis of the following: (1) The data collected by the Agency on the distribution of the mortgage insurance company's policies by census tract and data on the disparate treatment of applicants for mortgage insurance based on the applicants' race, gender, and income. (2) The underwriting criteria employed by the company and the extent to which such criteria do not unreasonably restrict access to credit for low- and moderate-income and minority persons or neighborhoods. (3) Community support statements received from the mortgage insurance company. (4) Any other information the Secretary may require mortgage insurance companies to submit. (5) Any comments received from the public on the community support performance of the mortgage insurance company during the period covered by the review under this paragraph. (d) Duties of the Secretary.--The Secretary shall-- (1) solicit and accept public comment for no fewer than 90 days before issuing a finding in connection with the review of a mortgage insurance company under subsection (c)(2); and (2) review the community support performance of each mortgage insurance company and determine whether the company is providing an adequate level of community support in the areas in which such company writes a significant number of mortgage insurance policies. (e) Performance Statement.--If, after reviewing any evidence, the Secretary concludes that a mortgage insurance company is not meeting the requirements of this section, the Secretary may require such company to submit a statement indicating how the company expects to improve its record of providing community support.

Mortgage Fairness Act - Requires each mortgage bank to meet the credit needs of all communities in which it makes a significant number of extensions of credit or extends a significant amount of credit, including extensions of credit in low- and moderate-income communities. (Sec. 3) Directs the Secretary of Housing and Urban Development (HUD) to establish within HUD the Office of Mortgage Bank and Insurance Supervision. (Sec. 4) Directs the Office, on a biennial basis, to require each mortgage bank to submit to it a community support statement detailing the bank's efforts at meeting the housing credit needs of the above- referenced communities. (Sec. 5) Directs the Office to determine whether a mortgage bank is maintaining an adequate community support performance based on specified criteria. (Sec. 6) Sets forth certain penalties against a mortgage bank that has been found to be maintaining an inadequate level of community support. (Sec. 7) Requires each mortgage insurance company to: (1) report to the Office the total number and total dollar amount of each mortgage insurance policy written by it, by census tract, the race, gender, and income of applicants for mortgage insurance, and the disposition of each application for such insurance; (2) demonstrate to the Secretary adequate support for community credit needs; and (3) make public to any person the underwriting criteria for any mortgage insurance the company offers. Requires the Office to conduct biennial community support reviews of mortgage insurance companies. Authorizes the Secretary to require a mortgage insurance company to submit a statement indicating how it expects to improve its record of providing community support whenever the Secretary concludes that such company is not meeting the requirements of this section.

To establish community support requirements for mortgage banks, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Bank Sensible Regulation Act of 2015''. SEC. 2. EXEMPTIVE AUTHORITY FOR THE FEDERAL DEPOSIT INSURANCE CORPORATION. Section 10 of the Federal Deposit Insurance Act (12 U.S.C. 1820) is amended by adding at the end the following: ``(l) Exemptive Authority.-- ``(1) In general.--Notwithstanding any other provision of law, the Corporation, after considering the factors in paragraph (3), may exempt by rule any depository institution having less than $10,000,000,000 in total assets from-- ``(A) any provision of this Act; ``(B) any rule promulgated under this Act; or ``(C) any rule promulgated under any other Act conferring authority to the Corporation. ``(2) Conditions.--The Corporation may impose conditions on an exemption granted under paragraph (1). ``(3) Factors to consider.--In issuing an exemption under paragraph (1), the Corporation shall consider, as appropriate, the extent to which-- ``(A) the provision or rule would impose an unnecessary or undue burden or cost on the depository institution; ``(B) the provision or rule is unnecessary or unwarranted in order to promote the safety and soundness of the depository institution; and ``(C) the exemption is necessary, appropriate, or consistent with the public interest. ``(4) Indexation of asset threshold.--The asset threshold identified in paragraph (1) shall be increased annually at a percentage equal to the percentage change in the total aggregate assets of insured depository institutions for each 12-month period ending in December of each year, rounded to the nearest $10,000,000.''. SEC. 3. EXEMPTIVE AUTHORITY FOR THE OFFICE OF THE COMPTROLLER OF THE CURRENCY. (a) Exemptive Authority for National Banks.--Section 5239A of the Revised Statutes is amended-- (1) by striking ``Except'' and inserting the following: ``(a) In General.--Except''; and (2) by adding at the end the following: ``(b) Exemptive Authority.-- ``(1) Definition.--In this subsection, the term `insured depository institution' has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). ``(2) Exemption.--Notwithstanding any other provision of law, the Comptroller of the Currency, after considering the factors in paragraph (4), may exempt by rule any national bank having less than $10,000,000,000 in total assets from-- ``(A) any provision of this title; ``(B) any rule promulgated under this title; or ``(C) any rule promulgated under any other title or Act that confers authority to the Comptroller. ``(3) Conditions.--The Comptroller may impose conditions on an exemption granted under paragraph (2). ``(4) Factors to consider.--In issuing an exemption under paragraph (2), the Comptroller shall consider, as appropriate, the extent to which-- ``(A) the provision or rule would impose an unnecessary or undue burden or cost on the national bank; ``(B) the provision or rule is unnecessary or unwarranted to promote the safety and soundness of the national bank; and ``(C) the exemption is necessary, appropriate, or consistent with the public interest. ``(5) Indexation of asset threshold.--The asset threshold identified in paragraph (1) shall be increased annually at a percentage equal to the percentage change in the total aggregate assets of insured depository institutions for each 12-month period ending in December of each year, rounded to the nearest $10,000,000.''. (b) Exemptive Authority for Savings Associations.--Section 4(a) of the Home Owners' Loan Act (12 U.S.C. 1463(a)) is amended by adding at the end the following: ``(4) Exemptive authority.-- ``(A) Definition.--In this paragraph, the term `insured depository institution' has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). ``(B) Exemption.--Notwithstanding any other provision of law, the Comptroller of the Currency, after considering the factors in subparagraph (D), may exempt by rule any savings association having less than $10,000,000,000 in total assets from-- ``(i) any provision of this title; ``(ii) any rule promulgated under this title; or ``(iii) any rule promulgated under any other title or Act conferring authority on the Comptroller. ``(C) Conditions.--The Comptroller may impose conditions on an exemption granted under subparagraph (B). ``(D) Factors to consider.--In issuing an exemption under subparagraph (B), the Comptroller shall consider, as appropriate, the extent to which-- ``(i) the provision or rule would impose an unnecessary or undue burden or cost on the savings association; ``(ii) the provision or rule is unnecessary or unwarranted to promote the safety and soundness of the savings association; and ``(iii) the exemption is necessary, appropriate, or consistent with the public interest. ``(E) Indexation of asset threshold.--The asset threshold identified in subparagraph (B) shall be increased annually at a percentage equal to the percentage change in the total aggregate assets of insured depository institutions for each 12-month period ending in December of each year, rounded to the nearest $10,000,000.''. SEC. 4. EXEMPTIVE AUTHORITY FOR THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM. (a) Exemptive Authority for State Member Banks.--Section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended by adding at the end the following: ``(t) Exemptive Authority.-- ``(1) Definition.--In this section, the term `insured depository institution' has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). ``(2) Exemption.--Notwithstanding any other provision of law, the Board, after considering the factors in paragraph (4), may exempt by rule any State member bank having less than $10,000,000,000 in total assets from-- ``(A) any provision of this Act; ``(B) any rule promulgated under this Act; or ``(C) any rule promulgated under any other Act conferring authority on the Board. ``(3) Conditions.--The Board may impose conditions on an exemption granted under paragraph (2). ``(4) Factors to consider.--In issuing an exemption under paragraph (2), the Board shall consider, as appropriate, the extent to which-- ``(A) the provision or rule would impose an unnecessary or undue burden or cost on the State member bank; ``(B) the provision or rule is unnecessary or unwarranted to promote the safety and soundness of the State member bank; and ``(C) the exemption is necessary, appropriate, or consistent with the public interest.''. ``(5) Indexation of asset threshold.--The asset threshold identified in paragraph (2) shall be increased annually at a percentage equal to the percentage change in the total aggregate assets of insured depository institutions for each 12-month period ending in December of each year, rounded to the nearest $10,000,000.''. (b) Exemptive Authority for Bank Holding Companies.--The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is amended by adding at the end the following: ``SEC. 15. EXEMPTIVE AUTHORITY. ``(a) Definition.--In this section, the term `insured depository institution' has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). ``(b) Exemption.--Notwithstanding any other provision of law, the Board, after considering the factors in subsection (d), may exempt by rule any bank holding company having less than $10,000,000,000 in total assets from-- ``(1) any provision of this Act; ``(2) any rule promulgated under this Act; or ``(3) any rule promulgated under any other Act conferring authority on the Board. ``(c) Conditions.--The Board may impose conditions on an exemption granted under subsection (b). ``(d) Factors To Consider.--In issuing an exemption under subsection (b), the Board shall consider, as appropriate, the extent to which-- ``(1) the provision or rule would impose an unnecessary or undue burden or cost on the bank holding company; ``(2) the provision or rule is unnecessary or unwarranted to promote the safety and soundness of the bank holding company; and ``(3) the exemption is necessary, appropriate, or consistent with the public interest. ``(e) Indexation of Asset Threshold.--The asset threshold identified in subsection (b) shall be increased annually at a percentage equal to the percentage change in the total aggregate assets of insured depository institutions for each 12-month period ending in December of each year, rounded to the nearest $10,000,000.''. (c) Exemptive Authority for Savings and Loan Holding Companies and Mutual Holding Companies.--Section 10 of the Home Owners' Loan Act (12 U.S.C. 1467a) is amended by adding at the end the following: ``(u) Exemptive Authority.-- ``(1) Definitions.--In this subsection-- ``(A) the term `insured depository institution' has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and ``(B) the term `mutual holding company' has the meaning given the term in subsection (o)(10)(A). ``(2) Exemption.--Notwithstanding any other provision of law, the Board, after considering the factors in paragraph (4), may exempt by rule any savings and loan holding company or any mutual holding company having less than $10,000,000,000 in total assets from-- ``(A) any provision of this Act; ``(B) any rule promulgated under this Act; or ``(C) any rule promulgated under any other Act conferring authority on the Board. ``(3) Conditions.--The Board may impose conditions on an exemption granted under paragraph (2). ``(4) Factors to consider.--In issuing an exemption under paragraph (2), the Board shall consider the extent to which-- ``(A) the provision or rule would impose an unnecessary or undue burden or cost on the savings and loan holding company or the mutual holding company; ``(B) the provision or rule is unnecessary or unwarranted to promote the safety and soundness of the savings and loan holding company or the mutual holding company; and ``(C) the exemption is necessary, appropriate, or consistent with the public interest. ``(5) Limitation.--The authority granted under paragraph (2) shall not apply with respect to a savings and loan holding company described in subsection (c)(9)(C). ``(6) Indexation of asset threshold.--The asset threshold identified in paragraph (2) shall be increased annually at a percentage equal to the percentage change in the total aggregate assets of insured depository institutions for each 12-month period ending in December of each year, rounded to the nearest $10,000,000.''.

Community Bank Sensible Regulation Act of 2015 This bill amends the following Acts governing insured depository institutions to authorize the respective regulatory agencies to exempt from their regulatory purview depository institutions having less than $10 billion in total assets after the agencies have considered specified factors: the Federal Deposit Insurance Act (insured depository institutions), the Revised Statutes (national banks), the Home Owners' Loan Act (savings associations, savings and loan holding companies, and mutual holding company), the Federal Reserve Act (state member banks), and the Bank Holding Company Act of 1956 (bank holding companies). When issuing an exemption from a provision or rule the regulatory agencies must consider the extent to which: the provision or rule would impose an unnecessary or undue burden or cost on the depository institution; the provision or rule is unnecessary or unwarranted to promote the safety and soundness of the depository institution; and the exemption is necessary, appropriate, or consistent with the public interest. The asset threshold of such depository institutions shall increase annually at a percentage equal to the percentage change in the total aggregate assets of insured depository institutions for each 12-month period ending in December of each year, rounded to the nearest $10 million.

Community Bank Sensible Regulation Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ocean and Coastal Observation System Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Coastal and ocean observations provide vital information for protecting human lives and property from marine hazards, enhancing national and homeland security, predicting weather and global climate change, improving ocean health, and providing for the protection, sustainable use, and enjoyment of the resources of the Nation's coasts, oceans, and Great Lakes. (2) The continuing and potentially devastating threat posed by tsunamis, hurricanes, storm surges, and other marine hazards requires immediate implementation of strengthened observation and communications systems to provide timely detection, assessment, and warnings to the millions of people living in coastal regions of the United States and throughout the world. (3) The 95,000-mile coastline of the United States, including the Great Lakes, is vital to the Nation's prosperity, contributing over $117,000,000,000 to the national economy in 2000, supporting jobs for more than 200,000,000 Americans, handling $700,000,000,000 in waterborne commerce, and supporting commercial and sport fisheries valued at more than $50,000,000,000 annually. (4) Safeguarding homeland security, conducting search and rescue operations, responding to natural and manmade coastal hazards (such as oil spills and harmful algal blooms), and managing fisheries and other coastal activities each require improved monitoring of the Nation's waters and coastline, including the ability to track vessels and to provide rapid response teams with real-time environmental conditions necessary for their work. (5) While knowledge of the coastal and ocean environment and processes is far from complete, advances in sensing technologies and scientific understanding have made possible long-term and continuous observation from shore, space, and in situ of coastal and ocean characteristics and conditions. (6) Many elements of a coastal and ocean observing system are in place, but require national investment, consolidation, completion, and integration at Federal, regional, State, and local levels. (7) The Commission on Ocean Policy recommends a national commitment to a sustained and integrated coastal and ocean observing system and to coordinated research programs in order to assist the Nation and the world in understanding the oceans and the global climate system, enhancing homeland security, improving weather and climate forecasts, strengthening management of coastal and ocean resources, improving the safety and efficiency of maritime operations, and mitigating marine hazards. (8) In 2003, the United States led more than 50 nations in affirming the vital importance of timely, quality, long-term global observations as a basis for sound decisionmaking, recognizing the contribution of observation systems to meet national, regional, and global needs, and calling for strengthened cooperation and coordination in establishing a Global Earth Observation System of Systems, of which an integrated coastal and ocean observing system is an essential part. (b) Purposes.--The purposes of this Act are to provide for-- (1) the development and maintenance of an integrated coastal and ocean observing system that provides data and information to ensure national security and public safety, support economic development, sustain and restore healthy marine ecosystems and the resources they support, enable advances in scientific understanding of the oceans, and strengthen science education and communication; (2) implementation of research and development and education programs to improve understanding of the oceans and Great Lakes and to achieve the full national benefits of an integrated coastal and ocean observing system; (3) implementation of a data and information management system required by all components of an integrated coastal and ocean observing system and related research to develop early warning systems; and (4) establishment of a system of regional coastal and ocean observing systems to address local needs for ocean information. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Committee.--The term ``Committee'' means the Committee on Ocean Policy established under Executive Order 13366 (69 Fed. Reg. 76591). (2) Council.--The term ``Council'' means the National Ocean Research Leadership Council established under section 7902(a) of title 10, United States Code. (3) Observing system.--The term ``observing system'' means the integrated coastal, ocean, and Great Lakes observing system to be established by the Committee under section 4(a). (4) National oceanographic partnership program.--The term ``National Oceanographic Partnership Program'' means the program established under section 7901 of title 10, United States Code. (5) Interagency program office.--The term ``interagency program office'' means the office established under section 4(d). SEC. 4. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM. (a) Establishment.--The Committee, acting through the Council, shall establish and maintain an integrated system of coastal and ocean observations, data communication and management, analysis, modeling, research, and education designed to provide data and information for the timely detection and prediction of changes occurring in the coastal and ocean environment that impact the Nation's social, economic, and ecological systems. The observing system shall provide for long-term, continuous, and quality-controlled observations of the Nation's coasts, oceans, and Great Lakes for the following purposes: (1) Improving the health of the Nation's coasts, oceans, and Great Lakes. (2) Protecting human lives and livelihoods from hazards such as tsunamis, hurricanes, coastal erosion, and fluctuating Great Lakes water levels. (3) Supporting national defense and homeland security efforts. (4) Understanding the effects of human activities and natural variability on the state of the coasts and oceans and the Nation's socioeconomic well-being. (5) Measuring, explaining, and predicting environmental changes. (6) Providing for the sustainable use, protection, and enjoyment of coastal and ocean resources. (7) Providing a scientific basis for implementation and refinement of ecosystem-based management. (8) Educating the public about the role and importance of the oceans and Great Lakes in daily life. (9) Tracking and understanding climate change and the ocean's and Great Lake's roles in it. (10) Supplying critical information to marine-related businesses such as marine transportation, aquaculture, fisheries, and offshore energy production. (11) Supporting research and development to ensure continuous improvement to coastal and ocean observation measurements and to enhance understanding of the Nation's coastal and ocean resources. (b) System Elements.--In order to fulfill the purposes of this Act, the observing system shall consist of the following program elements: (1) A national program to fulfill national observation priorities, including the Nation's ocean contribution to the Global Earth Observation System of Systems and the Global Ocean Observing System. (2) A network of regional associations to manage the regional coastal and ocean observing and information programs that collect, measure, and disseminate data and information products to meet regional needs. (3) A data management and communication system for the timely integration and dissemination of data and information products from the national and regional systems. (4) A research and development program conducted under the guidance of the Council. (5) An outreach, education, and training program that augments existing programs (such as the National Sea Grant College Program and the Centers for Ocean Sciences Education Excellence program) to ensure the use of data and information for improving public education and awareness of the Nation's oceans and building the technical expertise required to operate and improve the observing system. (c) Council Functions.--In carrying out responsibilities under this section, the Council shall-- (1) serve as the oversight body for the design and implementation of all aspects of the observing system; (2) adopt plans, budgets, and standards that are developed and maintained by the interagency program office in consultation with the regional associations; (3) coordinate the observing system with other earth observing activities, including the Global Ocean Observing System and the Global Earth Observing System of Systems; (4) coordinate and administer programs of research and development and education to support improvements to and the operation of an integrated ocean and coastal observing system and to advance the understanding of the oceans; (5) establish pilot projects to develop technology and methods for advancing the development of the observing system; (6) support the development of institutional mechanisms to further the goals of the program and provide for the capitalization of the required infrastructure; (7) provide, as appropriate, support for and representation on United States delegations to international meetings on coastal and ocean observing programs, including those under the jurisdiction of the International Joint Commission involving Canadian waters; and (8) in consultation with the Secretary of State, coordinate relevant Federal activities with those of other nations. (d) Interagency Program Office.-- (1) Establishment.--The Council shall establish an interagency program office to be known as ``Oceanus''. (2) Responsibilities.--The interagency program office shall be responsible for program planning and coordination of the observing system. (3) Duties.--The interagency program office shall-- (A) prepare annual and long-term plans for consideration by the Council for the design and implementation of the observing system that promote collaboration among Federal agencies and regional associations in developing global and national observing systems, including identification and refinement of a core set of variables to be measured by all systems; (B) coordinate the development of agency priorities and budgets for implementation of the observing system, including budgets for the regional associations; (C) establish and refine standards and protocols for data management and communications, including quality standards, in consultation with participating Federal agencies and regional associations; (D) develop a process for the certification of the regional associations and their periodic review and recertification; and (E) establish an external technical committee to provide biennial review of the observing system. (e) Lead Federal Agency.--The National Oceanic and Atmospheric Administration shall be the lead Federal agency for implementation and operation of the observing system. Based on the plans prepared by the interagency program office and adopted by the Council, the Administrator of the National Oceanic and Atmospheric Administration shall-- (1) coordinate implementation, operation, and improvement of the observing system; (2) establish efficient and effective administrative procedures for allocation of funds among Federal agencies and regional associations in a timely manner and according to the budget adopted by the Council; (3) implement and maintain appropriate elements of the observing system; (4) provide for the migration of scientific and technological advances from research and development to operational deployment; (5) integrate and extend existing programs and pilot projects into the operational observation system; and (6) certify regional associations that meet the requirements of subsection (f). (f) Regional Associations of Coastal and Ocean Observing Systems.-- Regional associations shall be responsible for the development and operation of regional coastal and ocean observing systems to meet the information needs of user groups in the region while adhering to national standards. A regional association shall-- (1) demonstrate an organizational structure capable of supporting and integrating all aspects of coastal and ocean observing and information programs within a region; (2) operate under a strategic operations and business plan that details the operation and support of regional coastal and ocean observing systems pursuant to the standards established by the Council; (3) provide information products for multiple users in the region; (4) work with governmental entities and programs at all levels within the region to provide timely warnings and outreach and education to protect the public; and (5) be certified by the National Oceanic and Atmospheric Administration according to certification standards developed by the interagency program office in conjunction with the regional associations and approved by the Council. (g) Civil Liability.--For purposes of section 1346(b)(1) and chapter 171 of title 28, United States Code, the Act of March 9, 1920 (46 U.S.C. App. 741 et seq., popularly known as the ``Suits in Admiralty Act''), and the Act of March 3, 1925 (46 U.S.C. App. 781 et seq., popularly known as the ``Public Vessels Act''), any regional coastal and ocean observing system that is a designated part of a certified regional association under this section shall, in carrying out the purposes of this Act, be deemed to be part of the National Oceanic and Atmospheric Administration, and any employee of such system, while acting within the scope of his or her employment in carrying out such purposes, shall be deemed to be an employee of the Government. SEC. 5. RESEARCH AND DEVELOPMENT AND EDUCATION. The Council shall establish programs for research and development and education for the coastal and ocean observing system, including projects under the National Oceanographic Partnership Program, and consisting of the following: (1) Basic research to advance knowledge of coastal and ocean systems and ensure continued improvement of operational products, including related infrastructure and observing technology. (2) Focused research projects to improve understanding of the relationship between the coasts and oceans and human activities. (3) Large scale computing resources and research to advance modeling of ocean and coastal processes. (4) A coordinated effort to build public education and awareness of the coastal and ocean environment and functions that integrates ongoing activities (such as the National Sea Grant College Program and the Centers for Ocean Sciences Education Excellence program). SEC. 6. INTERAGENCY FINANCING. The departments and agencies represented on the Council are authorized to participate in interagency financing and to share, transfer, receive, obligate, and expend funds appropriated to any member of the Council for the purposes of carrying out any administrative or programmatic project or activity under this Act or under the National Oceanographic Partnership Program, including support for the interagency program office, a common infrastructure, and system integration for a coastal and ocean observing system. Funds may be transferred among such departments and agencies through an appropriate instrument that specifies the goods, services, or space being acquired from another Council member and the costs of the same. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce for the implementation of an integrated coastal and ocean observing system under section 4, and the research and development program under section 5, including financial assistance to the interagency program office, the regional associations for the implementation of regional coastal and ocean observing systems, and the departments and agencies represented on the Council, such sums as may be necessary for each of fiscal years 2006 through 2010. At least 50 percent of the sums appropriated for the implementation of the integrated coastal and ocean observing system under section 4 shall be allocated to the regional associations for the implementation of the regional coastal and ocean observing systems. Sums appropriated pursuant to this section shall remain available until expended. SEC. 8. REPORTING REQUIREMENT. Not later than March 31, 2010, the President, acting through the Council, shall transmit to Congress a report on the programs established under sections 4 and 5. The report shall include a description of activities carried out under the programs, an evaluation of the effectiveness of the programs, and recommendations concerning reauthorization of the programs and funding levels for the programs in succeeding fiscal years.

Ocean and Coastal Observation System Act of 2005 - Directs the Committee on Ocean Policy, acting through the National Ocean Research Leadership Council, to establish and maintain an integrated system of coastal and ocean observations, data communication and management, analysis, modeling, research, and education designed to provide data and information for the timely detection and prediction of changes occurring in the coastal and ocean environment that impact the Nation's social, economic, and ecological systems. Requires the Council to establish an interagency program office (Oceanus) responsible for program planning and coordination of the system. Requires the National Oceanic and Atmospheric Administration (NOAA) to be the lead Federal agency for system implementation and operation. Makes regional associations responsible for the development and operation of regional coastal and ocean observing systems to meet the information needs of user groups in the region while adhering to national standards. Deems certified regional systems to be part of NOAA when carrying out this Act, and employees of such systems acting within the scope of their employment to be Federal Government employees, for purposes of civil liability under specified laws. Directs the Council to establish programs for research, development, and education for the system. Authorizes departments and agencies represented on the Council to participate in interagency financing and to share funds appropriated to any Council member.

To develop and maintain an integrated system of coastal and ocean observations for the Nation's coasts, oceans, and Great Lakes, to improve warnings of tsunamis and other natural hazards, to enhance homeland security, to support maritime operations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy Small Business and Industry Partnership Enhancement Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) partnerships between contractor-operated facilities of the Department of Energy and small businesses can enhance growth of competitive small business opportunities; (2) the contractor-operated facilities represent a national resource in science and technology; (3) capacity for innovation in the United States is enhanced when the capabilities of the contractor-operated facilities are engaged with other providers and users of the Nation's science and technology base; (4) contributors to the Nation's science and technology delivery system, Federal agencies, private industry, universities, and the contractor-operated facilities can best perform their missions through partnerships and interactions that leverage the resources of each such entity; (5) interactions of the contractor-operated facilities with industry and universities serve to-- (A) expand the technology base available for missions of the Department of Energy; and (B) instill sound business practices in the contractor-operated facilities to enable cost-effective realization of the Federal missions of the facilities; (6) the contractor-operated facilities benefit from university interactions through access to leading edge research and through recruitment of the talent needed to pursue the missions of the facilities; (7) industry can improve products and processes leading to an enhanced competitive position through simplified access to the science and technology developed by the contractor-operated facilities; and (8) other Federal agencies can advance their own missions by using capabilities developed within the contractor-operated facilities. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to improve the ability of small businesses, Federal agencies, industry, and universities to work with the contractor-operated facilities of the Department of Energy while ensuring full cost recovery of each contractor-operated facility's expenses incurred in such work; (2) to encourage the contractor-operated facilities to expand their partnerships with universities and industries; and (3) to expand interactions of contractor-operated facilities with small businesses so as to-- (A) encourage commercial evaluation and development of the science and technology base of the contractor- operated facilities; and (B) provide technical assistance to small businesses. SEC. 4. CONTRACT RESEARCH SERVICES. Section 31a. of the Atomic Energy Act of 1954 (42 U.S.C. 2051(a)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) areas of technology within the mission of the Department of Energy as authorized by law.''. SEC. 5. COST RECOVERY. Section 33 of the Atomic Energy Act of 1954 (42 U.S.C. 2053) is amended-- (1) by striking ``Sec. 33. Research for Others.--Where'' and inserting the following: ``SEC. 33. RESEARCH FOR OTHERS. ``(a) In General.--Where''; and (2) by striking the last sentence and inserting the following: ``(b) Cost Recovery.-- ``(1) In general.--In carrying out subsection (a), the Secretary of Energy shall not recover more than the full cost of work incurred at contractor-operated facilities of the Department of Energy. ``(2) Administrative costs.--Any costs incurred by the Department of Energy in connection with work performed by contractor-operated facilities of the Department of Energy shall be funded from departmental administration accounts of the Department of Energy. ``(3) Charges.--For work performed for a person other than the Department of Energy (including non-Federal entities and Federal agencies other than the Department of Energy) (referred to in this paragraph as an `external customer'), a contractor- operated facility may assess a charge in an amount that does not exceed the sum of-- ``(A) the direct cost to the contractor in performing the work for the external customer; and ``(B) a pro rata share of overhead charges for overhead-funded services directly required for performance of the specific work for external customers as a whole or to a category of external customers that includes the external customer.''. SEC. 6. PARTNERSHIPS WITH UNIVERSITIES AND INDUSTRY. (a) In General.--Chapter 4 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2051 et seq.) is amended by adding at the end the following: ``SEC. 34. CONTRACTOR-OPERATED FACILITIES OF THE DEPARTMENT OF ENERGY. ``(a) Metrics.-- ``(1) Definition of metrics.--In this subsection, the term `metrics' means a system of measurements to determine levels of specific areas of performance. ``(2) Inclusion in contracts.--Metrics-- ``(A) shall be developed jointly by the Secretary of Energy and each contractor operating a facility of the Department of Energy to ensure that realistic goals are established that are directly supportive of the mission and responsibilities of the contractor-operated facility; ``(B) shall be specified in the contract for operation of the facility; and ``(C) shall be used to evaluate the effectiveness of partnership development by the facility. ``(b) Partnerships and Interactions.-- ``(1) Encouragement of partnerships and interactions.--The Secretary of Energy shall encourage partnerships and interactions with universities and private industry at each contractor-operated facility. ``(2) Component of performance evaluations.--The development and expansion of partnerships and interactions with universities and private industry shall be a component in evaluating the annual performance of each contractor-operated facility. ``(c) Small Business Technology Partnership Program.-- ``(1) In general.--The Secretary of Energy shall require that each contractor operating a facility of the Department of Energy create a small business technology partnership program at each contractor-operated facility. ``(2) Funding level.--A contractor may spend not more than 0.25 percent of the total operating budget of a contractor- operated facility on the program. ``(3) Evaluations.--The Secretary shall annually evaluate the effectiveness of the program with each contractor to ensure that the program is providing opportunities for small businesses to interact with and use the resources of each contractor-operated facility. ``(4) Use of funds.--Funds from the program-- ``(A) shall be used to cover a contractor-operated facility's costs of interactions with small businesses; and ``(B) shall not be used for direct monetary grants to small businesses.''. (b) Conforming Amendment.--The table of contents of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by adding at the end of the items relating to chapter 4 of title I the following: ``Sec. 34. Contractor-operated facilities of the Department of Energy.''.

Department of Energy Small Business and Industry Partnership Enhancement Act of 1998 - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to make arrangements for the conduct of technology research and development activities within the mission of the Department of Energy (DOE). Revises NRC authority to conduct research and development activities and studies for others in its own contractor-operated facilities where private facilities are inadequate for the purposes. Prohibits the Secretary of Energy, when conducting such activities for others, from recovering more than the full cost of work incurred at DOE contractor-operated facilities. Declares that any costs incurred by DOE in connection with work performed by contractor-operated DOE facilities shall be funded from DOE departmental administration accounts. Prescribes guidelines for charges a DOE contractor-operated facility may assess for work performed for a non-DOE entity (external customer). Requires the Secretary and each contractor operating a DOE facility to develop jointly a system of measurements (metrics) to determine levels of specific areas of performance, which shall subsequently be specified in the contract for operation of a contractor-operated facility, and which shall be used to evaluate the effectiveness of the facility's partnership development. Instructs the Secretary to encourage partnerships and interactions with universities and private industry at each contractor-operated facility. Makes development and expansion of partnerships and interactions with universities and private industry a component in evaluating the annual performance of each contractor-operated facility. Requires each contractor operating a DOE facility to create a small business technology partnership program at each such facility. Requires the Secretary to evaluate program effectiveness annually with each contractor to ensure opportunities for small businesses to interact with and use the resources of each contractor-operated facility. Requires the use of program funds to cover a contractor-operated facility's costs of interactions with small businesses. Prohibits the use of such funds for direct monetary grants to small businesses.

Department of Energy Small Business and Industry Partnership Enhancement Act of 1998

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare IVIG Access Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Medicare payment for immune globulins. Sec. 4. Coverage and payment of intravenous immune globulin in the home. Sec. 5. Patient access surveys and reports. SEC. 2. FINDINGS. (a) Findings.--Congress finds the following: (1) Intravenous immune globulin (IVIG) is a human blood plasma derived product, which over the past 25 years has become an invaluable therapy for many primary immunodeficiency diseases, as well as a number of neurological, autoimmune, and other chronic conditions and illnesses. For many of these disorders, IVIG is the most effective and viable treatment available, and has dramatically improved the quality of life for persons with these conditions and has become a life-saving therapy for many. (2) The Food and Drug Administration (FDA) recognizes each IVIG brand as a unique biologic. The differences in basic fractionation and the addition of various modifications for further purification, stabilization and virus inactivation/ removal yield clearly different biological products. As a result, IVIG therapies are not interchangeable, with patient tolerance differing from one IVIG brand to another. (3) The report of the Office of the Assistant Secretary for Planning and Evaluation (ASPE), Department of Health and Human Services (DHHS), ``Analysis of Supply, Distribution, Demand, and Access Issues Associated with Immune Globulin Intravenous (IGIV)'', issued in May 2007, found that IVIG manufacturing is complex and requires substantial upfront cash outlay and planning and takes between seven and 12 months from plasma collection at donor centers to FDA lot release. (4) The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 changed Medicare's reimbursement methodology for IVIG from average wholesale price (AWP) to average sales price plus 6 percent (ASP+6), effective January 1, 2005, for physicians, and January 1, 2006, for hospital outpatient departments, thereby reducing reimbursement rates paid to these providers of IVIG on behalf of Medicare beneficiaries. (5) An Office of the Inspector General (OIG) April 2007 report, Intravenous Immune Globulin: Medicare Payment and Availability, found that Medicare reimbursement for IVIG was inadequate to cover the cost many providers must pay for the product. During the third quarter of 2006, 44 percent of IVIG sales to hospitals and 41 percent of sales to physicians by the three largest distributors occurred at prices above Medicare payment amounts. (6) The ASPE report notes that after the new reimbursement rules for physicians was instituted in 2005, 42 percent of Medicare beneficiaries who had received their IVIG treatment in their physician's office at the end of 2004 were shifted to the hospital outpatient setting by the beginning of 2006. This shift in site of care has resulted in lack of continuity of care and adverse impact on health outcomes and quality of life. (7) The OIG also reported that 61 percent of responding physicians indicated that they had sent patients to hospitals for IVIG treatment, largely because of their inability to purchase IVIG at prices below the Medicare payment amounts. In addition, OIG found that some physicians had stopped providing IVIG to Medicare beneficiaries altogether. (8) The OIG's 2007 report concluded that whatever improvement some providers saw in the relationship of Medicare reimbursement for IVIG to prices paid during the first three quarters of 2006 would be eroded if manufacturers were to increase prices for IVIG in the future. (9) The Centers for Medicare & Medicaid Services, in recognition of dislocations experienced by patients and providers in obtaining IVIG since the change to the ASP+6 reimbursement methodology, has provided during 2006 and 2007 a temporary additional payment for IVIG preadministration-related services to compensate physicians and hospital outpatient departments for the extra resources they have had to expend in locating and obtaining appropriate IVIG products and in scheduling patient infusions. (10) Approximately 10,000 Medicare beneficiaries receive IVIG treatment for their primary immunodeficiency disease in a variety of different settings. They have no other effective treatment for their condition. (11) The Medicare Modernization Act of 2003 (MMA) established an IVIG home infusion benefit for persons with primary immunodeficiency disease (PIDD), paying only for IVIG and specifically excluding coverage of items and services related to administration of the product. (12) The ASPE report, Analysis of Supply, Distribution, Demand, and Access Issues Associated with Immune Globulin Intravenous (IGIV), found that Medicare's IVIG home infusion benefit is not designed to reimburse for more than the cost of IVIG and does not cover the cost of infusion services (for example, nursing and clinical services and supplies) in the home. As a consequence, the report found that home infusion providers generally do not accept new PIDD patients with only Medicare coverage. These limitations in service are caused by health care providers (A) not being able to acquire IVIG at prices at or below the Medicare part B reimbursement level, and (B) not being reimbursed for the infusion services provided by a nurse. (13) Access to home infusion of IVIG for PIDD patients, who have a genetic or intrinsic defect in their human immune system, will reduce their exposure to infections at a time when their antibodies are compromised and will improve the quality of their care and their health. SEC. 3. MEDICARE PAYMENT FOR IMMUNE GLOBULINS. (a) In General.--Section 1842(o)(1)(E) of the Social Security Act (42 U.S.C. 1395u(o)(1)(E)) is amended-- (1) in paragraph (1)(E)(ii), by inserting before the period the following: ``, plus an additional amount (if applicable) under paragraph (7)''; (2) in paragraph (7), by striking ``(6)'' and inserting ``(7)'' and by redesignating it as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: ``(7)(A) Not later than 6 months after the date of the enactment of the Medicare IVIG Access Act of 2007, the Secretary shall-- ``(i) collect data on the differences, if any, between payments to physicians for immune globulins under paragraph (1)(E)(ii) and costs incurred by physicians for furnishing these products; and ``(ii) review available data, including survey data presented by members of the IVIG community on the access of individuals eligible for services under this part to immune globulins. ``(B) Upon completion of the review and collection of data under subparagraph (A), and not later than 7 months after the date of the enactment of this paragraph, the Secretary shall provide, if appropriate, to physicians furnishing immune globulins, a payment, in addition to the payment provided for in paragraph (1)(E)(ii), for all items related to the furnishing of immune globulins, in an amount that the Secretary determines to be appropriate. ``(C) In the case of immune globulins furnished on or after January 1, 2007, the Secretary shall continue the preadministration-related services payment established under the Final Physician Fee Schedule Rule issued by the Centers for Medicare & Medicaid Services on November 1, 2006 (CMS-1321-FC), until such time as the Secretary determines that payment for immune globulins is adequate or until a new payment methodology is implemented.''. (b) As Part of Hospital Outpatient Services.--Section 1833(t)(14) of such Act (42 U.S.C. 1395l(t)(14)) is amended-- (1) in subparagraph (A)(iii), by striking ``subparagraph (E)'' and inserting ``subparagraphs (E) and (I)''; and (2) by adding at the end the following new subparagraph: ``(I) Additional payment for immune globulins.-- ``(i) Data collection and review.--Not later than 6 months after the date of the enactment of the Medicare IVIG Access Act of 2007, the Secretary shall-- ``(I) review available data, including survey data presented by members of the IVIG community, on the access of individuals eligible for services under this part to immune globulins; and ``(II) collect data on the differences, if any, between payments for immune globulins under subparagraph (A)(iii) and costs incurred for furnishing these products. ``(ii) Additional payment authority.--Upon completion of the review and collection of data under clause (i), and not later than 7 months after the date of the enactment of this subparagraph, the Secretary shall provide, if appropriate, to hospitals furnishing immune globulins as part of a covered OPD service, a payment, in addition to the payment provided for under subparagraph (A)(iii), for all items related to the furnishing of immune globulins, in an amount that the Secretary determines to be appropriate. ``(iii) Continuation of special payment rule.--In the case of immune globulins furnished on or after January 1, 2007, the Secretary shall continue the preadministration- related services payment established under the Final Hospital Outpatient Rule issued by the Centers for Medicare & Medicaid Services November 1, 2006 (CMS-1506-FC), until such time as the Secretary determines that payment for immune globulins is adequate or until a new payment methodology is implemented.''. SEC. 4. COVERAGE AND PAYMENT OF INTRAVENOUS IMMUNE GLOBULIN IN THE HOME. (a) Including Coverage of Administration.-- (1) In general.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (A) in subsection (s)(2)(Z), by inserting before the semicolon at the end the following: ``, regardless of whether the individual receiving the globulin is eligible to receive home health services under this title''; and (B) in subsection (zz), by striking ``but not including items or services related to the administration of the derivative''. (2) Conforming home health amendment.--Section 1814(a) of such Act (42 U.S.C. 1395f(a)) is amended by adding at the end the following: ``An individual eligible for intravenous immune globulin under section 1861(s)(2)(Z) shall not be considered eligible for home health services under paragraph (2)(C) or section 1835(a)(2)(A) solely on the basis of meeting the requirements of such subsection or section 1861(zz).''. (b) Payment for Intravenous Immune Globulin Administration in the Home.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(n) Payment for Intravenous Immune Globulin in the Home.--The Secretary shall review available published and unpublished data and information, including the Study of Intravenous Immune Globulin Administration Options: Safety, Access, and Cost Issues (CMS Contract #500-95-0059), on confirming the appropriateness of administration of intravenous immune globulin in the home setting, and (as appropriate) calculate the amount, in addition to that made under section 1842(o)(1)(E)(ii) for immune globulins, that should be paid to providers for clinical, compliance, and complication management services for ensuring safe and efficacious delivery of immune globulins in the home setting under 1861(s)(2)(Z). The Secretary shall pay such amounts no later than January 1, 2008.''. (c) Application of Criminal Record Request Provisions to IVIG In- Home Providers.--Section 124(i)(1) of the Departments of Commerce, Justice, State, the Judiciary, and Related Agencies Appropriations Act, 1999 (as contained in section 1(b) of Public Law 105-277; 112 Stat. 2681-74) is amended by adding at the end the following: ``Such term includes an entity providing intravenous immune globulin under part B of title XVIII of the Social Security Act in a home.''. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to intravenous immune globulin administered on or after January 1, 2008. SEC. 5. PATIENT ACCESS SURVEYS AND REPORTS. (a) Surveys.--The Secretary of Health and Human Services shall conduct, not later than 3 years after the date of the enactment of this Act, two surveys of Medicare and non-Medicare patients who need immune globulins for the purpose of measuring changes in patient access to those products (and providers furnishing those products), as well as changes in the health care status of those patients. The Secretary may enter into contracts with organizations or entities qualified to conduct such surveys. (b) Survey Reports.--Each of the surveys shall include a report to the Secretary and the Committees on Energy and Commerce and Ways and Means of the House of Representatives and the Committee on Finance of the Senate on findings from the survey, as well as a discussion of reasons for observed changes, if any. (c) Congressional Reports.--On the basis of findings from such surveys, the Secretary shall submit to Congress reports that include recommendations on necessary adjustments in payments for immune globulins under the Medicare program in order to assure beneficiary access to those products and providers that furnish those products. The first such report shall be submitted no later than 2 years after the date of the enactment of this Act and the second report no later than four years after such date.

Medicare IVIG Access Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to collect and review data on the differences, if any, between: (1) payments to physicians for immune globulins using average sales price payment methodology; and (2) costs incurred by physicians for furnishing these products. Requires the Secretary, after completion of the review, to provide, if appropriate, an additional payment to such physicians for all items related to the furnishing of immune globulins as part of hospital outpatient services. Provides for Medicare coverage of and payment for intravenous immune globulin (IVIG) administered in the home. Directs the Secretary to conduct two surveys, for reports to Congress, of Medicare and non-Medicare patients who need immune globulins in order to measure changes in patient access to those products (and providers furnishing them), as well as changes in the health care status of those patients.

To amend title XVIII of the Social Security Act to improve access of Medicare beneficiaries to immune globulins.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Transportation Act''. SEC. 2. RURAL ROAD SAFETY PROGRAM. (a) Findings.--Congress finds that it is in the vital interest of the Nation that a rural road safety program be established to ensure that the safety of the traveling public is enhanced on rural two-lane highways. (b) Establishment.--The Secretary shall establish and implement a rural road safety program in accordance with this section. (c) Apportionments.-- (1) In general.--On October 1 of each fiscal year, the Secretary shall apportion to each State to carry out this section an amount in the ratio of the percentage of the centerline mileage of two-lane roads in rural areas functionally classified as minor and major collectors and arterials in each State bears to the total centerline mileage of two-lane roads in rural areas functionally classified as minor and major collectors and arterials in all the States. (2) Allocation of apportioned funds.--Within each State, funds for the rural road safety program for each fiscal year shall be allocated among State, county, city, and other levels of government commensurate with each entity's ownership ratio of eligible two-lane road mileage of two-lane roads in rural areas functionally classified as minor and major collectors and arterials. (c) Location of Projects.--Funds authorized to carry out this section shall be available for expenditure only for activities described in subsection (g). (d) Obligation of Funds.--Funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner and the same extent as if such funds were apportioned under section 104(b) of title 23, United States Code,, except that the Secretary is authorized to waive provisions that the Secretary considers inconsistent with the purposes of this section. (e) Cost Sharing.--The Federal share of a project under this section shall be 80 percent of the total cost for such project. (f) Transferability.--Notwithstanding any other provision of law no portion of a State's apportionment allocated for the rural road safety program may be transferred to any other apportionment of the State for such fiscal year. (g) Use of Funds.--A State that receives an apportionment under this section may use funds-- (1) to improve horizontal and vertical alignment; (2) to eliminate wheel lane rutting, increase skid resistance, and smooth roadways; (3) to improve sight distances; (4) to widen lanes and shoulders; (5) to install dedicated turn lanes; (6) to install and upgrade guardrails, traffic barriers, crash cushions, protective devices, and rumblestrips; (7) to install traffic and safety lights, improve signage and pavement markings; and (8) to implement other safety activities designated by the Secretary. (h) Program.--Not later than 180 days after the date of enactment of this Act, each State that receives an apportionment under this section shall conduct and systematically maintain an engineering survey of all two-lane rural roads classified as minor and major collectors and minor arterials-- (1) to identify dangerous locations, sections, and elements, including roadside obstacles and unmarked or poorly marked roads, which may constitute a danger to motorists, bicyclists, pedestrians, impaired, and ``older'' drivers; (2) to assign priorities for the correction of such locations, sections, and elements; and (3) establish and implement a schedule of projects for improvement of such roads. (i) Evaluation.-- (1) In general.--Each State shall establish an evaluation process approved by the Secretary to analyze and assess results achieved by safety improvement projects carried out in accordance with the procedures and criteria established by this section. (2) Priorities.--Such evaluation process shall develop cost-benefit data for various types of corrections and treatments, which shall be used in setting priorities for safety improvement projects. (j) Reporting.-- (1) In general.--Each State shall report to the Secretary not later than December 30 of each year, regarding the progress of implementing safety improvement projects for danger elimination and the effectiveness of such improvements. (2) State assessment.--Each State report shall contain an assessment of the cost of, and safety benefits derived from, the various means and methods used to mitigate or eliminate dangers and the previous and subsequent accident experience at dangerous locations. (3) Secretary's report.--The Secretary shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than April 1 of each year regarding the progress of the States in implementing the rural road safety program. The report shall-- (A) include the number of projects undertaken, their distribution by cost range, road system, means and methods used, the previous and subsequent accident experience at improved locations and a cost-benefit analysis; and (B) analyze and evaluate each State's program, identify any State found not to be in compliance with the schedule of improvements required by subsection (a), and include recommendations for future implementation of the rural road safety program. (k) Definitions.--In this section-- (1) the term ``rural area'' means all areas of the State not included in urban areas as defined in section 101(a)(29); (2) the term ``rural road'' means all roads in rural areas; and (3) the term ``Secretary'' means the Secretary of Transportation. (l) Authorization of Appropriations Rural Road Safety Program.--To carry out the rural road safety program under this section there are authorized to be appropriated $1,000,000,000 for each of fiscal years 2005 through 2010. SEC. 3. DIVISION BETWEEN CERTAIN AREAS. Section 105(c)(2) of title 23, United States Code, is amended by striking ``paragraphs (1), (2), and (3) and inserting ``paragraphs (1) and (2)''. SEC. 4. SPECIAL RULE FOR AREAS LESS THAN 5,000 POPULATION. Section 133(d)(3)(B) of title 23, United States Code, is amended-- (1) by inserting ``for roads functionally classified as minor arterials and major and minor collectors'' after ``5,000)''; and (2) by striking ``110'' and inserting ``150''. SEC. 5. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION. Section 144 of title 23, United States Code, is amended-- (1) in subsection (e)-- (A) by striking ``Funds'' and inserting the following: ``(1) State apportionment.--Funds''; and (B) by adding at the end the following: ``(2) Division between state, cities, towns, and counties.--Funds apportioned to each State shall be spent on bridges owned by the State and local governments based on the cost of deficient bridges at each level of government divided by the total cost of deficient bridges in that State.''. (2) in subsection (g)(3)-- (A) by striking ``15 percent'' and inserting ``25 percent''; and (B) by striking ``1987 through 2003'' and inserting ``2005 through 2010''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 504(b) of title 23, United States Code, is amended by adding at the end the following: ``(3) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2005 through 2010.'' SEC. 7. STATE PLANNING AND RESEARCH. Section 505 of title 23, United States Code, is amended-- (1) in subsection (a) by striking ``Two percent'' and inserting ``two and \1/2\ percent''; (2) by redesignating subsections (c) and (d) as (d) and (e), respectively; and (3) by adding after subsection (b) the following: ``(c) Local Distribution.--Not less than 20 percent of the funds subject to subsection (a) that are apportioned to a State for a fiscal year shall be distributed to local governments, local planning agencies, including multi-jurisdictional rural planning agencies governed by local officials, and other transportation bodies responsible for transportation planning in nonmetropolitan areas to be used for the development of the statewide transportation improvement program.''. SEC. 8. APPALACHIAN REGIONAL COMMISSION. (a) Authorization of Appropriations.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the Appalachian development highway system program under section 14501 of title 40, United States Code, $611,800,000 for each of fiscal years 2005 through 2010. (b) Apportionment.-- (1) In general.--Except as provided in paragraph (2), the Secretary shall apportion funds made available by subsection (a) for fiscal years 2005 through 2010 among the States based on the latest available cost to complete estimate for the Appalachian development highway system under section 14501 title 40, United States Code. (2) Local development districts.--Before apportioning amounts to the States under paragraph (1), the Secretary shall make available $11,800,000 to be equally divided among local development districts (as such term is defined in section 14102 of title 40, United States Code) to carry out comprehensive regional transportation planning activities, including activities related to linking transportation and economic development investment within the region. (b) Applicability of Title 23.--Funds made available by section 1101(a)(6) of the Transportation Equity Act for the 21st Century for the Appalachian development highway system shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of any project under this section shall be determined in accordance with section 14501 of title 40, United States Code, and such funds shall be available to construct highways and access roads under such section and shall remain available until expended.

Rural Transportation Act - Directs the Secretary of Transportation to establish and implement a rural road safety program under which funds shall be apportioned to each State to: (1) improve horizontal and vertical alignment, signage and pavement markings, and sight distances; (2) eliminate wheel lane rutting, increase skid resistance, and smooth roadways; (3) widen lanes and shoulders; (4) install dedicated turn lanes and traffic and safety lights; and (5) install and upgrade guardrails, traffic barriers, crash cushions, protective devices, and rumblestrips. Requires States to: (1) conduct and maintain an engineering survey of all two-lane rural roads classified as minor and major collectors and minor arterials to identify dangerous locations and to assign priorities and establish a schedule for improvements; and (2) establish a process to analyze and assess results achieved. Increases certain apportionments for: (1) Federal highway aid to rural areas for roads functionally classified as minor arterials and major and minor collectors; (2) highway bridge replacement and rehabilitation; and (3) State planning and research programs. Authorizes appropriations from the Highway Trust Fund for the Appalachian development highway system program.

To improve the safety of rural roads.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Basel III Impact Study Act''. SEC. 2. STUDY REQUIRED. The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation (in this Act referred to as the ``Federal banking agencies'') shall conduct the study and issue the report to Congress required by section 3 prior to issuing any final rule amending general risk-based capital requirements for-- (1) revising the advanced-approaches risk-based capital requirements, as proposed in the Advanced Approaches Risk-Based Capital Rule of Notice of Proposed Rulemaking issued in June 2012 and published in the Federal Register on August 30, 2012 (in this Act referred to as the ``Advanced Approach NPR''); (2) determining risk-weighted assets, as proposed in the Standardized Approach for Risk-Weighted Assets Notice of Proposed Rulemaking issued in June 2012 and published in the Federal Register on August 30, 2012 (in this Act referred to as the ``Standardized Approach NPR''); and (3) determining minimum regulatory capital ratios, as proposed in the Regulatory Capital, Implementation of Basel III, Minimum Regulatory Capital Ratios, Capital Adequacy, Transition Provisions, and Prompt Corrective Action Notice of Proposed Rulemaking issued in June 2012 and published in the Federal Register on August 30, 2012 (in this Act referred to as the ``Basel III NPR'' and collectively with the Advanced Approach NPR and the Standardized Approach NPR, the ``NPRs''). SEC. 3. STUDY AND REPORT. (a) Study.-- (1) In general.--The Federal banking agencies shall jointly conduct a quantitative impact study of the effect of the NPRs on the minimum regulatory capital requirements of insured depository institutions and insured depository institution holding companies. (2) Scope of study.--As part of the study required by this subsection, the Federal banking agencies shall-- (A) determine current capital levels (as of December 31, 2012) at financial institutions covered by such report; (B) separately identify specific provisions in-- (i) the Basel III framework devised by the Basel Committee on Banking Supervision (in this Act referred to as the ``Basel III provisions''); and (ii) the Dodd-Frank Wall Street Reform and Consumer Protection Act, and of amendments made by that Act (in this Act referred to as the ``Dodd-Frank provisions'', and collectively with the Basel III provisions, referred to as the ``identified provisions'') which shall include from the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the amendments made by that Act-- (I) section 115 (regarding enhanced supervision and prudential standards); (II) section 165 (regarding enhanced supervision and prudential standards); (III) section 166 (regarding early remediation requirements); (IV) section 171 (regarding leverage and risk-based capital requirements); (V) section 619 (regarding prohibitions on proprietary trading and certain relationships with hedge funds and private equity funds); (VI) section 939 (regarding the removal of statutory references to credit ratings); (VII) section 941 (regarding regulation of credit risk retention and exemption of qualified residential mortgages); and (VIII) section 1412 (regarding safe harbor and rebuttable presumptions for qualified mortgages); and (C) estimate and evaluate the impact of such identified provisions on affected United States institutions in accordance with this section. (3) Contents of study.--The Federal banking agencies shall-- (A) in conducting the study required by this section, determine and estimate the likely cumulative impact of the NPRs and the identified provisions on required regulatory capital levels, capital quality, asset quality, and risk management at covered United States financial institutions; and (B) based on such findings, provide an assessment regarding-- (i) changes to required capital levels in the aggregate, per asset class and institution size based on the Basel III provisions, the Dodd-Frank provisions, and separately, on the identified provisions; (ii) the aggregate increase or decrease of total risk-weighted asset levels for the institutions to which the Advanced Approach NPR and the Standardized Approach NPR would be applicable based on their size and asset class; (iii) whether the NPRs and identified provisions will cause capital levels at covered institutions to fluctuate with more frequency or by greater amounts than the current rules and indicate what, if any, safety and soundness issues such fluctuations raise for financial institutions or the financial system, including a determination of whether such fluctuations will make the United States financial system more or less safe than the current rules; (iv) whether the NPRs and the identified provisions will result in the discontinuation of the use of certain risk management tools by covered financial institutions and the impact on the safety and soundness of financial institutions and the financial system; (v) the cumulative impact that the NPRs and the identified provisions will have on-- (I) the United States economic growth, in general, and specifically, on the Gross Domestic Product; (II) availability and cost of credit in low- and moderate-income areas; and (III) availability and cost of residential mortgages, home equity lines of credit, auto loans, student loans, and commercial loans, including small business credit; (vi) the variance in required capital levels, assets, and asset quality between institutions that implement the advanced approaches or approaches to risk weighting of assets, as proposed in the Advanced Approaches NPR, and those that use the standardized approach, as proposed in the Standardized Approach NPR, and the impact on competition between entities using different approaches; and (vii) historical probability of default and loss given default of residential mortgage loans and the proposed risk weightings in the Standardized Approach NPR, and whether such proposed risk weightings are appropriately and fairly calibrated. (4) Voluntary participation.--In carrying out the study required by this section, the Federal banking agencies-- (A) shall rely on data available to the agencies through call reports and other data gathering processes already employed by the Federal banking agencies; and (B) may seek input and participation from insured depository institutions and insured depository institution holding companies, provided that such request shall not impose undue burden on participating institutions and that participation in the study by any insured depository institutions or insured depository institution holding companies shall be voluntary. (b) Report.-- (1) In general.--Not later than 9 months after the date of enactment of this Act, the Federal banking agencies shall issue a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the results of the study required by subsection (a). (2) Contents.--The Federal banking agencies shall include the methodologies and assumptions used in the study, as well as the required elements of the study listed in subsection (a) in the report required in this subsection. SEC. 4. COMPETITIVE EQUALITY. Section 908(a)(1) of the International Lending Supervision Act of 1983 (12 U.S.C. 3907(a)(1)) is amended by adding at the end the following: ``Each appropriate Federal banking agency shall, consistent with safety and soundness, seek to ensure that any differences in rules implementing the capital standards required under this section or other provisions of Federal law for banking institutions, savings associations, bank holding companies, and savings and loan holding companies do not give competitive advantages to any class or group of such institutions, associations, or companies, unless required by other Federal law, and do not undermine any requirements for enhanced supervision and prudential standards required by section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5325).''.

Basel III Impact Study Act - Directs the federal banking agencies (the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation [FDIC]), before issuing any final rule amending their general risk-based capital requirements for revising advanced-approaches risk-based capital requirements, determining risk-weighted assets, and determining minimum regulatory capital ratios as proposed in certain August and June 2012 notices of proposed rule making (NPRs), to study and report to Congress on the impact of the NPRs on the minimum regulatory capital requirements of insured depository institutions and insured depository institution holding companies. Requires the banking agencies to determine current capital levels at covered financial institutions and separately identify specific provisions of: (1) the Basel III framework devised by the Basel Committee on Banking Supervision; (2) the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank); and (3) estimate and evaluate their impact as well as the cumulative impact of the NPRs and the identified provisions on required regulatory capital levels, capital quality, asset quality, and risk management at covered U.S. financial institutions. Permits the banking agencies to solicit participation in the study from insured depository institutions and insured depository institution holding companies provided that such request does not impose an undue burden upon participants and is entered into on a voluntary basis.Amends the International Lending Supervision Act of 1983 to revise capital adequacy requirements by directing the banking agencies to seek to ensure that any differences in rules implementing the capital standards do not: (1) give competitive advantages to any class or group of institutions unless otherwise required by federal law, or (2) undermine Dodd-Frank requirements for enhanced supervision and prudential standards.

Basel III Impact Study Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``World War II Peace Accords Commemorative Coin Act''. SEC. 2. CONGRESSIONAL FINDINGS AND SENSE OF THE CONGRESS. (a) Findings.--The Congress finds the following: (1) The date of September 2, 1995, will mark the 50th anniversary of the signing of the peace accords among the nations involved in World War II in the Pacific. (2) Such date marked the end of all hostilities in the largest war the world has ever known. (3) September 2, 1945, also marked the birth of a democratic form of government in Japan. (b) Sense of the Congress.--It is the sense of the Congress that-- (1) the 50th anniversary of the signing of the peace accords on the U.S.S. Missouri should not go unrecognized at the national level; and (2) the United States should recognize such anniversary by minting and issuing a commemorative coin. SEC. 3. COIN SPECIFICATIONS. (a) Half Dollar Clad Coins.-- (1) Issuance.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall issue not more than 500,000 half dollar coins which shall be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (2) Design.--The design of the half dollar coins shall be emblematic of the signing of the peace accords on September 2, 1945. On each coin shall be a designation of the value of the coin, an inscription of the year ``1995'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Legal Tender.--The coins minted under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5132(a)(1) of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. SELECTION OF DESIGN. The design for the coins authorized by this Act shall be-- (1) selected by the Secretary after consultation with the Admiral Nimitz Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF THE COINS. (a) Period for Issuance.--The coins minted under this Act may be issued by the Secretary beginning on January 1, 1995. (b) Termination of Authority.--Coins may not be minted under this Act after December 31, 1995. (c) Proof and Uncirculated Coins.--The coins minted under this Act shall be issued in uncirculated and proof qualities. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the Secretary shall sell the coins minted under this Act at a price equal to the face value, plus the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, and overhead expenses). (b) Bulk Sales.--The Secretary shall make any bulk sales of the coins minted under this Act at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins minted under this Act prior to the issuance of such coins. Sale prices with respect to such prepaid orders shall be at a reasonable discount. (d) Surcharge.--All sales of coins minted under this Act shall include a surcharge of $5.00 per coin. SEC. 7. 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 Act. (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. SEC. 8. DISTRIBUTION OF SURCHARGES. The surcharges received by the Secretary from the sale of the coins issued under this Act shall be promptly paid by the Secretary to the Admiral Nimitz Foundation for the purpose of preserving the Pacific War heritage of the United States. SEC. 9. AUDITS. The Comptroller General shall have the right to examine such books, records, documents, and other data of the Admiral Nimitz Foundation as may be related to the expenditure of amounts paid under section 8. SEC. 10. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

World War II Peace Accords Commemorative Coin Act - Expresses the sense of the Congress that: (1) the 50th anniversary of the signing of the World War II peace accords on the U.S.S. Missouri should not go unrecognized at the national level; and (2) the United States should recognize such anniversary by minting and issuing a commemorative coin. Sets forth specifications for half dollar clad coins. Mandates that the surcharges received from the sale of such coins be paid by the Secretary of the Treasury to the Admiral Nimitz Foundation for the purpose of preserving the Pacific War heritage of the United States.

World War II Peace Accords Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Poison Center Support, Enhancement, and Awareness Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Poison centers are the primary defense of the United States against injury and deaths from poisoning. Twenty-four hours a day, the general public as well as health care practitioners contact their local poison centers for help in diagnosing and treating victims of poisoning. In 2007, more than 4 million calls were managed by poison centers providing ready and direct access for all people of the United States, including many underserved populations in the United States, with vital emergency public health information and response. (2) Poisoning is the second most common form of unintentional death in the United States. In any given year, there will be between 3 million and 5 million poison exposures. Sixty percent of these exposures will involve children under the age of 6 who are exposed to toxins in their home. Poisoning accounts for 285,000 hospitalizations, 1.2 million days of acute hospital care, and more than 26,000 fatalities in 2005. (3) In 2008, the Harvard Injury Control Research Center reported that poisonings from accidents and unknown circumstances more than tripled in rate since 1990. In 2005, the last year for which data are available, 26,858 people died from accidental or unknown poisonings. This represents an increase of 20,000 since 1990 and an increase of 2,400 between 2004 and 2005. Fatalities from poisoning are increasing in the United States in near epidemic proportions. The funding of programs to reverse this trend is needed now more than ever. (4) In 2004, The Institute of Medicine, of the National Academies recommended that the ``Congress should amend the current Poison Control Center Enhancement and Awareness Act Amendments of 2003 to provide sufficient funding to support the proposed Poison Prevention and Control System with its national network of poison centers. Support for the core activities at the current level of service is estimated to require more than $100 million annually.''. (5) Sustaining the funding structure and increasing accessibility to poison control centers will promote the utilization of poison control centers and reduce the inappropriate use of emergency medical services and other more costly health care services. The 2004 Institute of Medicine Report to Congress determined that for every $1 invested in the Nation's poison centers $7 of health care costs are saved. In 2005, direct Federal health care program savings totaled in excess of $525 million as the result of poison center public health services. (6) More than 30 percent of the cost savings and financial benefits of the Nation's network of poison centers are realized annually by Federal health care programs (estimated to be more than $1 billion), yet Federal funding support (as demonstrated by the annual authorization of $30.1 million in Public Law 108- 194) comprises less than 11 percent of the annual network expenditures of poison centers. (7) Real-time data collected from the Nation's certified poison centers can be an important source of information for the detection, monitoring, and response for contamination of the air, water, pharmaceutical, or food supply. (8) In the event of a terrorist event, poison centers will be relied upon as a critical source for accurate medical information and public health emergency response concerning the treatment of patients who have had an exposure to a chemical, radiological, or biological agent. SEC. 3. REAUTHORIZATION OF POISON CENTERS NATIONAL TOLL-FREE NUMBER. Section 1271 of the Public Health Service Act (42 U.S.C. 300d-71) is amended to read as follows: ``SEC. 1271. MAINTENANCE OF THE NATIONAL TOLL-FREE NUMBER. ``(a) In General.--The Secretary shall provide coordination and assistance to poison centers for the establishment of a nationwide toll-free phone number, and the maintenance of such number, to be used to access such centers. ``(b) Authorization of Appropriations.--There are authorized to be appropriated $2,000,000 for each of the fiscal years 2000 through 2009 to carry out this section; and $1,000,000 for each of the fiscal years 2010 through 2014 for the maintenance of the nationwide toll-free phone number under subsection (a).''. SEC. 4. REAUTHORIZATION OF NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON CENTER UTILIZATION. (a) In General.--Section 1272 of the Public Health Service Act (42 U.S.C. 300d-72) is amended to read as follows: ``SEC. 1272. NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON CENTER UTILIZATION. ``(a) In General.--The Secretary shall carry out, and expand upon, a national media campaign to educate the public and health care providers about poison prevention and the availability of poison center resources in local communities and to conduct advertising campaigns concerning the nationwide toll-free number established under section 1271(a). ``(b) Contract With Entity.--The Secretary may carry out subsection (a) by entering into contracts with a nationally recognized organization in the field of poison control for the development and implementation of a nationwide poison prevention and poison center awareness campaign, which may include the development and distribution of poison prevention and poison center awareness materials; television, radio, Internet, and newspaper public service announcements; and other means of public and professional awareness and education. ``(c) Evaluation.--The Secretary shall-- ``(1) establish baseline measures and benchmarks to quantitatively evaluate the impact of the nationwide media campaign carried out under this section; and ``(2) prepare and submit to the appropriate congressional committees an evaluation of the nationwide media campaign on an annual basis. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $600,000 for each of the fiscal years 2000 through 2005, such sums as may be necessary for each of the fiscal years 2006 through 2009, and $1,500,000 for each of the fiscal years 2010 through 2014.''. (b) Effective Date.--The amendment made by this section shall be effective as of the date of the enactment of this Act and shall apply to contracts entered into on or after January 1, 2009. SEC. 5. REAUTHORIZATION OF THE POISON CENTER GRANT PROGRAM. (a) In General.--Section 1273 of the Public Health Service Act (42 U.S.C. 300d-73) is amended to read as follows: ``SEC. 1273. MAINTENANCE OF THE POISON CENTER GRANT PROGRAM. ``(a) Authorization of Grant Program.--The Secretary shall award grants to poison centers certified under subsection (c) (or granted a waiver under subsection (d)) and professional organizations in the field of poison control for the purposes of preventing, and providing treatment recommendations for, poisonings and complying with the operational requirements needed to sustain the certification of the center under subsection (c). ``(b) Additional Uses of Grant Funds.--In addition to the purposes described in subsection (a), a poison center or professional organization awarded a grant under such subsection may also use such grant for the following purposes: ``(1) To establish and evaluate best practices in the United States for poison prevention, poison center outreach, and emergency and preparedness programs. ``(2) To research, develop, implement, revise, and communicate standard patient management guidelines for commonly encountered toxic exposures. ``(3) To improve national toxic exposure surveillance by enhancing cooperative activities between poison centers in the United States and the Centers for Disease Control and Prevention. ``(4) To develop, support, and enhance technology and capabilities of professional organizations in the field of poison control to collect national poisoning, toxic occurrence, and related public health data. ``(5) To develop initiatives to foster the enhanced public health utilization of national poison data collected by organizations described in paragraph (4). ``(6) To support and expand the toxicologic expertise within poison centers. ``(7) To improve the capacity of poison centers to answer high volumes of calls and respond during times of national crisis or other public health emergencies. ``(c) Certification.--Except as provided under subsection (d), the Secretary may make a grant to a poison center under subsection (a) only if-- ``(1) the center has been certified by a professional organization in the field of poison control, and the Secretary has approved the organization as having in effect standards for certification that reasonably provide for the protection of the public health with respect to poisoning; or ``(2) the center has been certified by a State government, and the Secretary has approved the State government as having in effect standards for certification that reasonably provide for the protection of the public health with respect to poisoning. ``(d) Waiver of Certification Requirements.-- ``(1) In general.--The Secretary may grant a waiver of the certification requirement of subsection (c) with respect to a noncertified poison center that applies for a grant under this section if such center can reasonably demonstrate that the center will obtain such a certification within a reasonable period of time as determined appropriate by the Secretary. ``(2) Renewal.--The Secretary may renew a waiver under paragraph (1). ``(3) Limitation.--In no instance may the sum of the number of years for a waiver under paragraph (1) and a renewal under paragraph (2) exceed 5 years. The preceding sentence shall take effect as of the date of the enactment of the Poison Center Support, Enhancement, and Awareness Act of 2008. ``(e) Supplement Not Supplant.--Amounts made available to a poison center under this section shall be used to supplement and not supplant other Federal, State, or local funds provided for such center. ``(f) Maintenance of Effort.--A poison center, in utilizing the proceeds of a grant under this section, shall maintain the expenditures of the center for activities of the center at a level that is not less than the level of expenditures maintained by the center for the fiscal year preceding the fiscal year for which the grant is received. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) for each of the fiscal years 2000 through 2004, $25,000,000; ``(2) for each of the fiscal years 2005 through 2009, $27,500,000; and ``(3) for each of the fiscal years 2010 through 2014, $35,000,000, of which $1,500,000 shall be used to award grants for the purpose described in subsection (b)(4).''. (b) Effective Date.--The amendment made by this section shall be effective as of the date of the enact- ment of this Act and shall apply to grants made on or after January 1, 2009. Passed the House of Representatives June 4, 2008. Attest: LORRAINE C. MILLER, Clerk.

Poison Center Support, Enhancement, and Awareness Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to provide coordination and assistance for the maintenance of the nationwide toll-free phone number to access poison centers. Changes the name of poison control centers to poison centers. Requires the Secretary to carry out and expand upon a national media campaign to educate the public and health care providers about poison prevention and the availability of poison center resources in local communities. Authorizes the Secretary to enter into contracts with a nationally recognized organization for the development and implementation of a nationwide poison prevention and poison center awareness campaign. Expands the poison center grant program to allow the Secretary to award grants for poison centers to comply with the operational requirements needed to sustain certification. Adds as the purposes for which such grants may be used: (1) to establish and evaluate best practices in the United States for poison prevention, poison center outreach, and emergency and preparedness programs; (2) to develop and implement standard patient management guidelines for commonly encountered toxic exposures; (3) to improve national toxic exposure surveillance; (4) to develop, support, and enhance technology and capabilities of professional organizations in the field of poison control to collect national poisoning, toxic occurrence, and related public health data; and (5) to develop initiatives to foster the enhanced public health utilization of national poison data. Eliminates matching requirements for such grants. Authorizes appropriations for FY2010-FY2014.

To amend the Public Health Service Act to reauthorize the poison center national toll-free number, national media campaign, and grant program to provide assistance for poison prevention, sustain the funding of poison centers, and enhance the public health of people of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Market Access Program Act''. SEC. 2. DEFINITIONS. In this Act: (1) Energy efficiency product.--The term ``energy efficiency product'' means any product, technology, or component of a product that-- (A) as compared with products, technologies, or components of products being deployed at the time for widespread commercial use in the country in which the product, technology, or component will be used-- (i) substantially increases the energy efficiency of buildings, industrial or agricultural processes, or electricity transmission, distribution, or end-use consumption; or (ii) substantially increases the energy efficiency of the transportation system; and (B) results in no significant incremental adverse effects on public health or the environment. (2) Renewable energy.--The term ``renewable energy'' means energy generated by a renewable energy resource. (3) Renewable energy product.--The term ``renewable energy product'' means any product, technology, or component of a product used in the development or production of renewable energy. (4) Renewable energy resource.--The term ``renewable energy resource'' means solar, wind, ocean, tidal, or geothermal energy, biofuel, biomass, hydropower, or hydrokinetic energy. (5) Small- and medium-sized businesses.--The term ``small- and medium-sized businesses'' means-- (A) small business concerns (as that term used in section 3 of the Small Business Act (15 U.S.C. 632)); and (B) businesses the Secretary of Commerce determines to be small- or medium-sized, based on factors that include the structure of the industry, the amount of competition in the industry, the average size of businesses in the industry, and costs and barriers associated with entering the industry. SEC. 3. COST-SHARING ASSISTANCE WITH RESPECT TO THE EXPORTATION OF ENERGY EFFICIENCY PRODUCTS AND RENEWABLE ENERGY PRODUCTS. (a) In General.--The Under Secretary for International Trade of the Department of Commerce (in this section referred to as the ``Under Secretary'') shall establish and carry out a program to provide cost- sharing assistance to eligible organizations-- (1) to improve access to the markets of foreign countries for energy efficiency products and renewable energy products exported by small- and medium-sized businesses in the United States; and (2) to assist small- and medium-sized businesses in the United States in obtaining services and other assistance with respect to exporting energy efficiency products and renewable energy products, including services and assistance available from the Department of Commerce and other Federal agencies. (b) Eligible Organizations.--An eligible organization is a nonprofit trade association in the United States or a State or regional organization that promotes the exportation and sale of energy efficiency products or renewable energy products. (c) Application Process.--An eligible organization shall submit an application for cost-sharing assistance under subsection (a)-- (1) at such time and in such manner as the Under Secretary may require; and (2) that contains a plan that describes the activities the organization plans to carry out using the cost-sharing assistance provided under subsection (a). (d) Awarding Cost-Sharing Assistance.-- (1) In general.--The Under Secretary shall establish a process for granting applications for cost-sharing assistance under subsection (a) that includes a competitive review process. (2) Priority for innovative ideas.--In awarding cost- sharing assistance under subsection (a), the Under Secretary shall give priority to an eligible organization that includes in the plan of the organization submitted under subsection (c)(2) innovative ideas for improving access to the markets of foreign countries for energy efficiency products and renewable energy products exported by small- and medium-sized businesses in the United States. (e) Level of Cost-Sharing Assistance.-- (1) In general.--Subject to paragraph (2), the Under Secretary shall determine an appropriate percentage of the cost of carrying out a plan submitted by an eligible organization under subsection (c)(2) to be provided in the form of assistance under this section. (2) Limitation.--Assistance provided under this section may not exceed 50 percent of the cost of carrying out the plan of an eligible organization. SEC. 4. REPORT. Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of Energy, shall submit to Congress a report on the export promotion needs of businesses in the United States that export energy efficiency products or renewable energy products. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce to carry out this Act-- (1) $15,000,000 for fiscal year 2012; (2) $16,000,000 for fiscal year 2013; (3) $17,000,000 for fiscal year 2014; (4) $18,000,000 for fiscal year 2015; and (5) $19,000,000 for fiscal year 2016.

Renewable Energy Market Access Program Act - Directs the Under Secretary for International Trade of the Department of Commerce to establish and carry out a program to provide cost-sharing assistance to nonprofit trade associations in the United States or state or regional organizations that promote the exportation and sale of energy efficiency products or renewable energy products to: (1) improve access to the markets of foreign countries for energy efficiency products and renewable energy products exported by small- and medium-sized U.S. businesses; and (2) assist such businesses in obtaining services and other assistance, including from the Department of Commerce and other federal agencies, with respect to exporting such products.

A bill to provide cost-sharing assistance to improve access to the markets of foreign countries for energy efficiency products and renewable energy products exported by small- and medium-sized businesses in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Foreclosures Due to Congressional Dysfunction Act of 2014''. SEC. 2. MORTGAGE FORECLOSURE MORATORIUM. (a) Moratorium.--The Director of the Federal Housing Finance Agency shall prohibit mortgagees of eligible mortgages under subsection (c) from initiating a foreclosure, whether judicial or nonjudicial, or taking any action in furtherance of a foreclosure already initiated, including any foreclosure sale, with respect to any eligible mortgage during the foreclosure moratorium period under subsection (d) for such eligible mortgage. (b) Treatment of Mortgage Payments Due During Foreclosure Moratorium Period.-- (1) Deferral of mortgage payments; interest due.--The Director shall provide that, during the foreclosure moratorium period with respect to an eligible mortgage-- (A) the term of the mortgage shall toll; (B) any payments of principal and interest due under the mortgage shall be deferred; and (C) interest on outstanding principal due under the mortgage shall continue to accrue at the rate provided for under the mortgage. (2) Resumption of mortgage payments; amortization of interest accrued.--The Director shall provide that, upon the expiration of the foreclosure moratorium period with respect to an eligible mortgage-- (A) the term of the mortgage, and the responsibility of the mortgagor to make payments of principal and interest due under the mortgage, shall resume; and (B) any interest accrued pursuant to paragraph (1)(C) shall be amortized, and payable, over the remaining term of the mortgage. (c) Eligible Mortgage.--An eligible mortgage under this subsection is a mortgage that-- (1) is owned, held, securitized, or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (2) is a mortgage on a 1- to 4-family residence that is the principal residence of the mortgagor; (3) was current with respect to payments of principal and interest, and any taxes, insurance, and other amounts required to be paid in escrow, that were due under the mortgage as of the beginning of the foreclosure moratorium period with respect to such eligible mortgage; and (4) has a mortgagor who-- (A)(i) received extended compensation or additional compensation for a week of unemployment ending at any time during the 7-day period ending January 1, 2014; (ii) has exhausted all rights to regular compensation under the unemployment compensation law of a State at any time during the period beginning January 1, 2014, and ending on the date of enactment of this Act and has remained continuously unemployed throughout such period; or (iii) exhausts all rights to regular compensation under the unemployment compensation law of a State at any time during the period beginning on the date of enactment of this Act and ending on July 1, 2014; and (B) as of the beginning of the foreclosure moratorium period with respect to such eligible mortgage, has a ratio of debt to income, as determined in accordance with such requirements as the Director shall establish, that was greater than 40 percent. (d) Foreclosure Moratorium Period.--The foreclosure moratorium period under this subsection with respect to an eligible mortgage shall be the 6-month period beginning upon-- (1) in the case of an eligible mortgage of a mortgagor described in clause (i) or (ii) of subsection (c)(4)(A), the date of the enactment of this Act; and (2) in the case of an eligible mortgage of a mortgagor described in clause (iii) of subsection (c)(4)(A), the date on which such mortgagor exhausts all rights to regular compensation under the unemployment compensation law of a State. (e) Definitions.--For purposes of this section, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Eligible mortgage.--The term ``eligible mortgage'' means a mortgage that meets the requirements of subsection (c). (3) Foreclosure moratorium period.--The term ``foreclosure moratorium period'' means, with respect to an eligible mortgage, the period specified in subsection (d) for the mortgage. (4) Mortgagee.--The term ``mortgagee'' includes, with respect to an eligible mortgage, any creditor, servicer, or holder of such eligible mortgage, and any other person acting on behalf of any such creditor, servicer, or holder. (5) Regular compensation; extended compensation; additional compensation.--The terms ``regular compensation'', ``extended compensation'', and ``additional compensation'' have the meanings given such terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

Stop Foreclosures Due to Congressional Dysfunction Act of 2014 - Requires the Director of the Federal Housing Finance Agency (FHFA) to prohibit mortgagees of certain eligible mortgages from initiating a foreclosure during a specified six-month moratorium with respect to any of those mortgages owned, held, securitized, or guaranteed by the Federal National Mortgage Association (Fannie Mae) or the Federal Home Loan Mortgage Corporation (Freddie Mac). Tolls the term of such mortgages during the moratorium, and requires deferral of any principal and interest payments due. Qualifies for this mortatorium only Fannie Mae or Freddie Mac mortgages on a 1- to 4-family residence that is the principal residence of a mortgagor who: (1) was current on principal, interest, tax, and insurance payments at the start of the moratorium; (2) has received unemployment compensation during a certain period but exhausted all rights to it; and (3) as of the beginning of the moratorium has a ratio of debt to income on the mortgage greater than 40%.

Stop Foreclosures Due to Congressional Dysfunction Act of 2014