FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drinking Water and Public Health Enhancement Amendments of 1993''. SEC. 2. STATE REVOLVING FUNDS FOR SAFE DRINKING WATER Section 1443 of title XIV of the Public Health Service Act (the Safe Drinking Water Act) is amended by redesignating subsection (c) as (d) and by adding the following new subsection after subsection (b): ``(c) State Revolving Funds.-- ``(1) General authority.-- ``(A) Grants to states to establish revolving funds.--The Administrator shall enter into agreements with States having primary enforcement responsibility for public water systems to make capitalization grants, including letters of credit, to the States under this subsection to further the health protection objectives of this Act. The grants shall be allotted to the States in accordance with this section and deposited in drinking water treatment revolving funds established by the State. ``(B) Use of funds.--Amounts deposited in such revolving funds, including loan repayments and interest earned on such amounts, shall be used only for providing loans or other financial assistance of any kind or nature that the State deems appropriate to public water systems. Such financial assistance may be used by a public water system only for expenditures (not including monitoring, operation, and maintenance expenditures) of a type or category which the Administrator has determined, through guidance, will facilitate compliance with national primary drinking water regulations applicable to such system under section 1411 or otherwise significantly further the health protection objectives of this title. 15 percent of the amount credited to any revolving fund established under this section in any fiscal year shall be available solely for providing loan assistance to public water systems which regularly serve less than 10,000 individuals. ``(C) Fund management.--Each State revolving fund under this subsection shall be established, maintained, and credited with repayments and interest. The fund corpus shall be available in perpetuity for providing financial assistance under this section. To the extent amounts in each such fund are not required for current obligation or expenditure such amounts shall be invested in interest bearing obligations of the State or of the United States. The Administrator and the States shall take such steps as may be necessary to insure that amounts made available under this subsection are deposited in State revolving funds and earning interest as promptly as practicable after the commencement of the fiscal year in which such funds are made available. ``(D) Grants from revolving funds.--A State may not provide assistance in the form of grants from a State revolving fund established under this subsection in an aggregate amount which exceeds the sum of the interest collected on deposits in such State revolving fund plus amounts deposited in such fund by the State pursuant to paragraph (3). Such grants may only be made to public water systems owned by a governmental or inter- governmental agency, a non-profit organization, an Indian tribe, or any combination thereof which the State finds to be experiencing financial hardship. ``(E) Investor-owned public water systems.--In the case of any public water system not owned by a governmental or inter-governmental agency, a non-profit organization, an Indian tribe, or any combination thereof, the State may provide assistance from a State revolving fund under this subsection only to those systems having the greatest public health needs and financial need. The State may provide loan assistance to any such system from such a State revolving fund only after making a determination that the system has the ability to repay the loan according to its terms and conditions. States are authorized to require such systems to identify a dedicated source for repayment of the loans and to impose such other requirements as may be necessary to assure loan repayment. ``(2) Specific requirements.--The Administrator shall enter into an agreement with a State under this subsection only after the State has established to the satisfaction of the Administrator that-- ``(A) the State will deposit all grants received from the Administrator under this subsection, together with all repayments and interest on such grants, in a drinking water treatment revolving fund established by the State in accordance with this subsection; and ``(B) no loan or other financial assistance will be provided to a public water system from such revolving fund to be used for any expenditure that could be avoided or significantly reduced by appropriate consolidation of that public water system with any other public water system, except that in such cases such assistance may be provided from the revolving fund for such consolidation. The Administrator, in consultation with the States and public water systems, shall establish criteria to be applied in determining when the consolidation of public water systems is appropriate. ``(3) State contribution.--In the case of grants made after fiscal year 1994, each agreement under this subsection shall require that the State deposit in the fund from State moneys an amount equal to at least 20 percent of the total amount of the grant to be made to the State on or before the date on which the grant payment is made to the State. ``(4) Combined financial administration.--Notwithstanding subparagraph (A) of paragraph (2), a State may combine the financial administration of a revolving fund established under this subsection with the financial administration of any other revolving fund established by the State if the Administrator determines that-- ``(A) the grants under this subsection, together with loan repayments and interest, will be separately accounted for and used solely for the purposes specified in paragraph (1); and ``(B) the authority to establish assistance priorities and carry out oversight and related activities (other than financial administration) with respect to such assistance remains with the State agency having primary responsibility for administration of the State program under this part. ``(5) Fund administration.--(A) Each State may use up to 4 percent of the grants in a revolving fund established under this subsection to cover the reasonable costs of administration of the assistance program under this subsection and of providing technical assistance to public water systems within the State. For fiscal year 1994, each State may use up to 2 percent of the grants in any such revolving fund for public water system supervision if the State matches such expenditures with at least an equal amount of non-Federal funds (additional to the amount expended by the State for public water supervision in fiscal year 1993). An additional 1 percent of the grants in such fund shall be used by each State to provide technical assistance to public water systems in such State. ``(B) The Administrator shall publish such guidance and promulgate such regulations as may be necessary to carry out the provisions of this section, including-- ``(i) provisions to ensure that each State commits and expends funds from revolving funds established under this subsection in accordance with this Act and applicable Federal and State laws, ``(ii) guidance to prevent waste, fraud, and abuse, and ``(iii) guidance to avoid the use of funds made available under this subsection to finance the expansion of any public water system in anticipation of future population growth. Such guidance and regulations shall also insure that the States, and public water systems receiving assistance under this subsection, use accounting, audit, and fiscal procedures that conform to generally accepted accounting standards. ``(C) Each State administering a revolving fund and assistance program under this subsection shall publish and submit to the Administrator a report every 2 years on its activities under this subsection, including the findings of the most recent audit of the fund. The Administrator shall periodically audit all revolving funds established under this subsection in accordance with procedures established by the Comptroller General. ``(6) Needs survey.--The Administrator shall conduct an assessment of financial needs of all public water systems in the United States and submit a report to the Congress containing the results of such assessment within 2 years after the date of the enactment of this subsection. ``(7) Indian tribes.--One and \1/2\ percent of the amounts appropriated to carry out this subsection may be used by the Administrator to make grants to Indian Tribes and Alaskan Native Villages which are not eligible to receive either capitalization grants from the Administrator under this subsection or assistance from State revolving funds established under this subsection. Such grants shall be used for expenditures by such tribes and villages for public water system expenditures referred to in paragraph (1)(B). ``(8) Authorization of appropriations.--There is authorized to be appropriated to carry out the purposes of this subsection $599,000,000 for the fiscal year 1994 and $1,000,000,000 for each of the fiscal years 1995, 1996, and 1997, and such sums as may be necessary thereafter.''.

Drinking Water and Public Health Enhancement Amendments of 1993 - Amends the Safe Drinking Water Act to direct the Administrator of the Environmental Protection Agency to enter into agreements with States having primary enforcement responsibility for public water systems to make capitalization grants to be deposited in drinking water treatment revolving funds. Permits such funds to be used only for providing financial assistance to public water systems for expenditures that will facilitate compliance with national primary drinking water regulations. Allocates 15 percent of amounts in such funds solely for assistance to systems which regularly serve fewer than 10,000 individuals. Permits assistance to systems not owned by governmental agencies, nonprofit organizations, or Indian tribes based on public health and financial needs and repayment ability. Sets forth requirements for agreements, including that no financial assistance will be provided to a public water system if expenses could be avoided or significantly reduced by consolidation of such system with another system. Sets forth provisions concerning State contributions to grants and fund administration. Directs the Administrator to conduct and report to the Congress on a financial needs assessment of all public water systems. Authorizes the Administrator to make grants to Indian tribes and Alaskan Native villages which are ineligible for funding under this Act for public water system expenditures. Authorizes appropriations.

Drinking Water and Public Health Enhancement Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Part D Outreach and Enrollment Enhancement Act of 2007''. SEC. 2. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS ELIGIBLE FOR AN INCOME-RELATED SUBSIDY. (a) Special Enrollment Period.--Section 1860D-1(b)(3) of the Social Security Act (42 U.S.C. 1395w-101(b)(3)) is amended by adding at the end the following new subparagraph: ``(F) Eligibility for low-income subsidy.-- ``(i) In general.--Subject to clause (iii), in the case of an applicable individual (as defined in clause (ii)). ``(ii) Applicable individual defined.--For purposes of this subparagraph, the term `applicable individual' means a part D eligible individual who is determined to be a subsidy- eligible individual (as defined in section 1860D-14(a)(3)), including such an individual who was enrolled in a prescription drug plan or an MA-PD plan on the date of such determination. ``(iii) Timing of special enrollment period.--The special enrollment period established under this subparagraph shall be for a 90-day period beginning on the date the applicable individual receives notification of such determination.''. (b) Enrollment Process for Subsidy-Eligible Individuals Eligible for Special Enrollment Period.--Section 1860D-1(b)(1) is amended by adding at the end the following new subparagraph: ``(D) Special rule for subsidy-eligible individuals eligible for special enrollment period.--The process established under subparagraph (A) shall include, in the case of an applicable individual (as defined in clause (ii) of paragraph (3)(F)) the following: ``(i) Facilitated enrollment.--During the 90-day period described in clause (iii) of such paragraph, a process for the facilitated enrollment of the individual in the prescription drug plan or MA-PD plan that is most appropriate for such individual (as determined by the Secretary). At the end of such 90-day period, the individual shall be enrolled in such plan unless the individual declines enrollment in the plan or in the program under this part, or chooses to enroll in another plan selected by the individual prior to the end of such 90-day period. ``(ii) One-time change of enrollment.--The opportunity to change enrollment with a prescription drug plan or an MA-PD plan not less than once during a plan year. Nothing in the previous sentence shall limit the ability of a part D eligible individual who is a full- benefit dual eligible individual (as defined in section 1935(c)(6)) to change enrollment under subparagraph (C)''. (c) Waiver of Late Enrollment Penalty.--Section 1860D-13(b) of the Social Security Act (42 U.S.C. 1395w-113(b)) is amended by adding at the end the following new paragraph: ``(8) Waiver of penalty for subsidy-eligible individuals.-- In no case shall a part D eligible individual who is determined to be a subsidy-eligible individual (as defined in section 1860D-14(a)(3)) be subject to an increase in the monthly beneficiary premium established under subsection (a).''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2008. SEC. 3. OUTREACH AND EDUCATION FOR PREMIUM AND COST-SHARING SUBSIDIES UNDER PART D. (a) Additional Funding for Outreach and Assistance.-- (1) State health insurance assistance programs.--There are authorized to be appropriated for each of fiscal years 2008, 2009, 2010, and 2011, an amount equal to $1 multiplied by the total number of individuals entitled to benefits, or enrolled, under part A of title XVIII of the Social Security Act, or enrolled under part B of such title during the fiscal year (as determined by the Secretary of Health and Human Services, based on the most recent available data before the beginning of the fiscal year) to be used to provide additional grants to State Health Insurance Assistance Programs (SHIPs) to conduct outreach and education related to the Medicare program under such title. (2) National center on senior benefits outreach and enrollment.-- (A) In general.--There are appropriated $4,000,000 to the National Center on Senior Benefits Outreach and Enrollment established under section 202(a)(20)(B) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)(20)(B)) to be used to provide outreach and enrollment assistance with respect to premium and cost- sharing subsidies under the Medicare prescription drug program under part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-101 et seq.). (B) Coordination.--The National Center on Senior Benefits Outreach and Enrollment shall coordinate outreach and enrollment assistance conducted under subparagraph (A) with activities conducted by State Health Insurance Assistance Programs (SHIPs) and other appropriate entities that conduct outreach and education related to such premium and cost-sharing subsidies. (b) Encouraging States To Direct Subsidy-Eligible Individuals to Organizations Providing Assistance.-- (1) In general.--The Secretary of Health and Human Services shall encourage States to direct applicable individuals to appropriate organizations and entities that provide assistance with respect to-- (A) applying for premium and cost-sharing subsidies under section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114); and (B) enrolling in a prescription drug plan or an MA- PD plan under part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-101 et seq.). (2) Applicable individuals defined.--In this subsection, the term ``applicable individual'' means an individual the State believes to be, or determines to be, eligible for premium and cost-sharing subsidies under section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114). SEC. 4. SCREENING BY COMMISSIONER OF SOCIAL SECURITY FOR ELIGIBILITY UNDER MEDICARE SAVINGS PROGRAMS. (a) In General.--Section 1860D-14(a)(3)(B)(i) of the Social Security Act (42 U.S.C. 1395w-114(a)(3)(B)(i)) is amended by inserting after the first sentence the following: ``As part of making an eligibility determination under the preceding sentence for an individual, the Commissioner shall screen for the individual's eligibility for medical assistance for any medicare cost-sharing described in section 1905(p)(3) and, if the screening indicates the individual is likely eligible for any such medicare cost-sharing, transmit the pertinent information to the appropriate State Medicaid agency for the determination of eligibility and enrollment of the individual for such medicare cost-sharing under the State plan (or under a waiver of such plan).''. (b) Effective Date.--The amendment made by this section shall take effect on the date of enactment of this Act. SEC. 5. ADMINISTRATION ON AGING STUDY AND REPORT ON SCREENING PROCESSES USED BY GOVERNMENT NEEDS-BASED PROGRAMS. (a) Study.-- (1) In general.--The Assistant Secretary of the Administration on Aging (in this section referred to as the ``Assistant Secretary'') shall conduct a comprehensive study of screening processes used by government needs-based programs. (2) Matters studied.--In conducting the study under paragraph (1), the Assistant Secretary shall-- (A) assess any duplications of effort under existing screening processes used by government needs- based programs; (B) determine the feasibility of creating a uniform screening process for such needs-based programs; (C) determine how the Federal government, State governments, and community-based organizations can better coordinate existing screening processes in order to facilitate the enrollment of seniors into need-based programs; (D) include a cost-benefit analysis with respect to creating a uniform screening process or better streamlining existing screening processes; and (E) determine the feasibility of using the Internet to administer screening processes, as well as the costs and benefits of migrating to on online system. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall submit a report to Congress containing the results of the study conducted under subsection (a), together with recommendations-- (1) to streamline and improve the effectiveness of screening processes used by government needs-based programs; and (2) for such legislation or administrative action as the Assistant Secretary determines appropriate. (c) Authorization.--There are authorized to be appropriated such sums as are necessary to carry out this section.

Medicare Part D Outreach and Enrollment Enhancement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide a special 90-day enrollment period for individuals who qualify for an income-related subsidy under the Medicare prescription drug program under part D (Voluntary Prescription Drug Benefit Program), with waiver of any late enrollment fee. Makes appropriations to the National Center on Senior Benefits Outreach and Enrollment to provide outreach and enrollment assistance with respect to premium and cost-sharing subsidies under the drug program. Requires the Commissioner of Social Security, when conducting Medicare eligibility screening, to screen also for an individual's eligibility for medical assistance under SSA title XIX (Medicaid) for any Medicare cost-sharing, and, if the results are positive, report the pertinent information to the appropriate state Medicaid agency for the individual's eligibility determination and enrollment for Medicare cost-sharing under the state plan. Directs the Assistant Secretary of the Administration on Aging to study and report to Congress on screening processes used by government needs-based programs.

A bill to amend title XVIII of the Social Security Act to provide a special enrollment period for individuals who qualify for an income-related subsidy under the Medicare prescription drug program and to provide funding for the conduct of outreach and education with respect to the premium and cost-sharing subsidies under such program, and for other purposes.

SECTION 1. ELIMINATION OF THE NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL AND OPPORTUNITY-TO-LEARN STANDARDS. The Goals 2000: Educate America Act (20 U.S.C. 5801 et seq.) is amended-- (1) by repealing part B of title II (20 U.S.C. 5841 et seq.); (2) by redesignating parts C and D of title II (20 U.S.C. 5861 et seq. and 5871 et seq.) as parts B and C, respectively, of title II; and (3) in section 241 (20 U.S.C. 5871)-- (A) in subsection (a), by striking ``(a) National Education Goals Panel.--''; and (B) by striking subsections (b) through (d). SEC. 2. STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT. (a) Panel Composition; Opportunity-To-Learn Standards; and Submission of Plan to the Secretary for Approval.-- (1) State improvement plan.--Section 306 of the Goals 2000: Educate America Act (20 U.S.C. 5886) is amended-- (A) by amending subsection (b) to read as follows: ``(b) Plan Development.--A State improvement plan under this title shall be developed by a broad-based State panel in cooperation with the State educational agency and the Governor.''; (B) by striking subsection (d); (C) by striking subsection (n); (D) by amending subsection (p) to read as follows: ``(p) Amendments to Plan.--Each State educational agency shall periodically review its State improvement plan and revise such plan, as appropriate.''; and (E) by striking subsection (q). (2) Secretary's review of applications.--Section 307 of such Act (20 U.S.C. 5887) is amended-- (A) by amending subsection (a) to read as follows: ``(a) First Year.--The Secretary shall approve the State educational agency's first year application under section 305(b) if the Secretary determines that such application meets the requirements of this title.''; and (B) in subsection (b), by striking ``(1)(A)'' and all that follows through ``(B) the Secretary'' and inserting ``(1) the Secretary''. (b) Local Panel Composition.--Section 309(a)(3)(A) of such Act (20 U.S.C. 5889(a)(3)(A)) is amended-- (1) in the matter preceding clause (i), by striking ``that--'' and inserting a semicolon; and (2) by striking clauses (i) and (ii). (c) Local Bypass.--Section 304 of such Act (20 U.S.C. 5884) is amended by adding at the end the following new subsection: ``(e) Local Bypass.-- ``(1) Local grants authorized.--Notwithstanding any other provision of law, if a State does not participate in the program authorized under this title, the Secretary is authorized to use the allotment such State would have received under this section to award grants, through a competitive process, to local educational agencies in such State that have applications approved under paragraph (2). ``(2) Application required.--Each local educational agency described in paragraph (1) desiring a grant under such paragraph shall submit an application to the Secretary at such time, in such manner and accompanied by such information, as the Secretary may require. Each such application shall contain assurances that the local educational agency will develop a local improvement plan that meets such requirements applicable to a State educational agency under section 306, and will meet such other requirements applicable to a State educational agency under this title, as the Secretary determines are appropriately applied to a local educational agency under this subsection.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Goals 2000: Educate America Act.-- (1) The table of contents for the Goals 2000: Educate America Act is amended, in the items relating to title II-- (A) by striking the items relating to part B; (B) by striking ``Part C'' and inserting ``Part B''; and (C) by striking ``Part D'' and inserting ``Part C''. (2) Section 2 of such Act (20 U.S.C. 5801) is amended-- (A) in paragraph (4)-- (i) in subparagraph (B), by inserting ``and'' after the semicolon; (ii) by striking subparagraph (C); and (iii) by redesignating subparagraph (D) as subparagraph (C); and (B) in paragraph (6)-- (i) by striking subparagraph (C); and (ii) by redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively. (3) Section 3(a) of such Act (20 U.S.C. 5802) is amended-- (A) by striking paragraph (7); and (B) by redesignating paragraphs (8) through (14) as paragraphs (7) through (13), respectively. (4) Section 201(3) of such Act (20 U.S.C. 5821(3)) is amended by striking ``, voluntary national student performance'' and all that follows through ``such Council'' and inserting ``and voluntary national student performance standards''. (5) Section 202(j) of such Act (20 U.S.C. 5822(j)) is amended by striking ``, student performance, or opportunity-to- learn'' and inserting ``or student performance''. (6) Section 203 of such Act (20 U.S.C. 5823) is amended-- (A) in subsection (a)-- (i) by striking paragraphs (2) and (3); (ii) by redesignating paragraphs (4) through (6) as paragraphs (2) through (4), respectively; and (iii) by amending paragraph (2) (as redesignated by clause (ii)) to read as follows: ``(2) review voluntary national content standards and voluntary national student performance standards;''; and (B) in subsection (b)(1)-- (i) in subparagraph (A), by inserting ``and'' after the semicolon; (ii) in subparagraph (B), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (C). (7) Section 204(a)(2) of such Act (20 U.S.C. 5824(a)(2)) is amended-- (A) by striking ``voluntary national opportunity- to-learn standards,''; and (B) by striking ``described in section 213(f)''. (8) Section 304(a)(2) of such Act (20 U.S.C. 5884(a)(2)) is amended-- (A) in subparagraph (A), by adding ``and'' after the semicolon; (B) in subparagraph (B), by striking ``; and'' and inserting a period; and (C) by striking subparagraph (C). (9) Section 306(o) of such Act (20 U.S.C. 5886(o)) is amended by striking ``State opportunity-to-learn standards or strategies,''. (10) Section 308 of such Act (20 U.S.C. 5888) is amended-- (A) in subsection (b)(2)-- (i) in the matter preceding clause (i) of subparagraph (A), by striking ``State opportunity-to-learn standards,''; and (ii) in subparagraph (A), by striking ``including--'' and all that follows through ``part B of title II;'' and inserting ``including through consortia of States;''; and (B) in subsection (c), by striking ``306(b)(1)'' and inserting ``306(b)''. (11) Section 312(b) of such Act (20 U.S.C. 5892(b)) is amended-- (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (12) Section 314(a)(6)(A) of such Act (20 U.S.C. 5894(a)(6)(A)) is amended by striking ``certified by the National Education Standards and Improvement Council and''. (13) Section 315 of such Act (20 U.S.C. 5895) is amended-- (A) in subsection (b)-- (i) in paragraph (1)(C), by striking ``, including the requirements for timetables for opportunity-to-learn standards,''; (ii) by striking paragraph (2); (iii) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (iv) in paragraph (1)(A), by striking ``paragraph (4) of this subsection'' and inserting ``paragraph (3)''; (v) in paragraph (2) (as redesignated by clause (iii))-- (I) by striking subparagraph (A); (II) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (III) in subparagraph (A) (as redesignated by subclause (II)) by striking ``, voluntary natural student performance standards, and voluntary natural opportunity-to-learn standards developed under part B of title II of this Act'' and inserting ``and voluntary national student performance standards''; (vi) in subparagraph (B) of paragraph (3) (as redesignated by clause (iii)), by striking ``paragraph (5),'' and inserting ``paragraph (4),''; and (vii) in paragraph (4) (as redesignated by clause (ii)), by striking ``paragraph (4)'' each place it appears and inserting ``paragraph (3)''; (B) in the matter preceding subparagraph (A) of subsection (c)(2)-- (i) by striking ``subsection (b)(4)'' and inserting ``subsection (b)(3)''; and (ii) by striking ``and to provide a framework for the implementation of opportunity-to-learn standards or strategies''; and (C) in subsection (f), by striking ``subsection (b)(4)'' each place it appears and inserting ``subsection (b)(3)''. (14)(A) Section 316 of such Act (20 U.S.C. 5896) is repealed. (B) The table of contents for such Act is amended by striking the item relating to section 316. (15) Section 317 of such Act (20 U.S.C. 5897) is amended-- (A) in subsection (d)(4), by striking ``promote the standards and strategies described in section 306(d),''; and (B) in subsection (e)-- (i) in paragraph (2), by inserting ``and'' after the semicolon; (ii) by striking paragraph (3); and (iii) by redesignating paragraph (4) as paragraph (3). (16) Section 503 of such Act (20 U.S.C. 5933) is amended-- (A) in subsection (b)-- (i) in paragraph (1)-- (I) in the matter preceding subparagraph (A), by striking ``28'' and inserting ``27''; (II) by striking subparagraph (D); and (III) by redesignating subparagraphs (E) through (G) as subparagraphs (D) through (F), respectively; (ii) in paragraphs (2), (3), and (5), by striking ``subparagraphs (E), (F), and (G)'' each place it appears and inserting ``subparagraphs (D), (E), and (F)''; (iii) in paragraph (2), by striking ``subparagraph (G)'' and inserting ``subparagraph (F)''; (iv) in paragraph (4), by striking ``(C), and (D)'' and inserting ``and (C)''; and (v) in the matter preceding subparagraph (A) of paragraph (5), by striking ``subparagraph (E), (F), or (G)'' and inserting ``subparagraph (D), (E), or (F)''; and (B) in subsection (c)-- (i) in paragraph (1)(B), by striking ``subparagraph (E)'' and inserting ``subparagraph (D)''; and (ii) in paragraph (2), by striking ``subparagraphs (E), (F), and (G)'' and inserting ``subparagraphs (D), (E), and (F)''. (17) Section 504 of such Act (20 U.S.C. 5934) is amended-- (A) by striking subsection (f); and (B) by redesignating subsection (g) as subsection (f). (b) Elementary and Secondary Education Act of 1965.-- (1) Section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended-- (A) in subsection (b)(8)(B), by striking ``(which may include opportunity-to-learn standards or strategies developed under the Goals 2000: Educate America Act)''; (B) in subsection (f), by striking ``opportunity- to-learn standards or strategies,''; (C) by striking subsection (g); and (D) by redesignating subsection (h) as subsection (g). (2) Section 1116 of such Act (20 U.S.C. 6317) is amended-- (A) in subsection (c)-- (i) in paragraph (2)(A)(i), by striking all beginning with ``, which may'' through ``Act''; and (ii) in paragraph (5)(B)(i)-- (I) in subclause (VI), by inserting ``and'' after the semicolon; (II) in subclause (VII), by striking ``; and'' and inserting a period; and (III) by striking subclause (VIII); and (B) in subsection (d)-- (i) in paragraph (4)(B), by striking all beginning with ``, and may'' through ``Act''; and (ii) in paragraph (6)(B)(i)-- (I) by striking subclause (IV); and (II) by redesignating subclauses (V) through (VIII) as subclauses (IV) through (VII), respectively. (3) Section 1501(a)(2)(B) of such Act (20 U.S.C. 6491(a)(2)(B)) is amended-- (A) by striking clause (v); and (B) by redesignating clauses (vi) through (x) as clauses (v) through (ix), respectively. (4) Section 10101(b)(1)(A)(i) of such Act (20 U.S.C. 8001(b)(1)(A)(i)) is amended by striking ``and opportunity-to- learn standards or strategies for student learning''. (5) Section 14701(b)(1)(B)(v) of such Act (20 U.S.C. 8941(b)(1)(B)(v)) is amended by striking ``the National Education Goals Panel,'' and all that follows through ``assessments)'' and inserting ``and the National Education Goals Panel''. (c) General Education Provisions Act.--Section 428 of the General Education Provisions Act (20 U.S.C. 1228b), as amended by section 237 of the Improving America's Schools Act of 1994 (Public Law 103-382), is amended by striking ``the National Education Standards and Improvement Council,''. (d) Education Amendments of 1978.--Section 1121(b) of the Education Amendments of 1978 (25 U.S.C. 2001(b)), as amended by section 381 of the Improving America's Schools Act of 1994 (Public Law 103-382), is amended by striking ``213(a)'' and inserting ``203(a)(2)''.

Amends the Goals 2000: Educate America Act (Goals 2000) to eliminate the National Education Standards and Improvement Council (the Council). Eliminates the requirement that the National Education Goals Panel review and approve model or national content standards, national student performance standards, or national opportunity-to-learn standards. Terminates funding for: (1) the Council; (2) opportunity-to-learn development grants; and (3) assessment development and evaluation grants. Revises Goals 2000 provisions for State improvement plans to eliminate Federal requirements with respect to: (1) the composition, duties, and procedures of the broad-based State panel which is to develop such plans in cooperation with the State educational agency and the Governor; (2) establishment of opportunity-to-learn standards and strategies; and (3) peer review and approval by the Secretary of Education of such plans and their amendments. Revises provisions for the Secretary's review of State educational agency applications for Goals 2000 funds to eliminate certain conditions of approval. Revises provisions for Goals 2000 subgrants for local reform and professional development to eliminate certain requirements with respect to local panel appointments, composition, and procedures in developing local plans. Authorizes the Secretary to bypass any State that does not participate in the Goals 2000 program and use its allotment to award competitive grants to local educational agencies in such State with applications approved by the Secretary. Makes technical and conforming amendments to the Elementary and Secondary Education Act of 1965, the General Education Provisions Act, and the Education Amendments of 1978.

A bill to amend the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council and requirements concerning opportunity-to-learn standards, to limit the authority of the Secretary of Education to review and approve State plans, to permit certain local educational agencies to receive funding directly from the Secretary of Education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Privacy Protection Act of 1998''. SEC. 2. RESTRICTION ON DISSEMINATION OF PRESCRIPTION INFORMATION. Except as provided in section 3, a pharmacy owner, pharmacist, or employee of a pharmacy may not disclose prescription data to any person or governmental agency, other than the individual who is the subject of the data or another owner or employee of the pharmacy, without having obtained from such individual a written consent to the disclosure that satisfies the requirements of section 4. SEC. 3. EXCEPTIONS. A pharmacy owner, pharmacist, or employee of a pharmacy may make a disclosure of prescription data otherwise prohibited under section 2, if the disclosure is made under one of the following conditions: (1) To the physician who wrote the prescription that is the subject of the prescription data. (2) To a parent or guardian of the individual who is the subject of the prescription data, or to a court-appointed attorney representing the individual, but only where the individual is a minor. (3) To a guardian of the individual who is the subject of the prescription data, or to a court-appointed attorney representing the individual, but only where the individual is not capable, because of a physical or mental condition, to effect a written consent that satisfies the requirements of section 4. (4) To an agent of the individual who is the subject of the prescription data, where the agent is acting under authority granted in a power of attorney. (5) In the case of a pharmacy owner, to an agent of the owner, where the disclosure is necessary for the purpose of a carrying out a written contract between the agent and the owner under which the agent-- (A) is required to perform administrative services for the owner; and (B) is prohibited from disclosing the prescription data to any person other than the owner. (6) For purposes of complying with a judicial or administrative subpoena or a court order. (7) For purposes of providing information requested in a law enforcement investigation, an audit, a pharmacist licensure procedure, or a professional review. (8) In the course of oral testimony in a deposition or court proceeding. (9) Where the disclosure is necessary to support an application for receipt of health care benefits from a health insurance provider or a governmental agency. (10) Where the disclosure is made for the purpose of permitting any person to carry out a duty or authority under title XVIII or XIX of the Social Security Act. SEC. 4. CONSENT. A pharmacy owner, pharmacist, or employee of a pharmacy may make a disclosure of prescription data to any person or governmental agency other than the individual who is the subject of the data, if the owner, pharmacist, or employee has obtained from such individual a written consent to the disclosure that includes the following information: (1) The name of the individual who is the subject of the data. (2) The name of the physician who wrote the prescription that is the subject of the data. (3) The nature of the data authorized to be disclosed. (4) The date on which the consent expires. (5) The date on which the consent is executed. (6) The signature of the individual who is the subject of the data. SEC. 5. REGULATIONS AND ENFORCEMENT. (a) Regulations.--The Secretary of Health and Human Services and the Secretary of Labor shall jointly promulgate regulations to enforce this Act. (b) Violation.-- (1) In general.--Any person who the Secretary of Health and Human Services or the Secretary of Labor determines has substantially and materially failed to comply with this Act, or a regulation promulgated by such Secretary under this Act, shall be subject, in addition to any other penalties that may be prescribed by law, to a civil penalty of not more than $10,000 for each such violation. (2) Procedures for imposition of penalties.--Section 1128A of the Social Security Act, other than subsections (a) and (b) and the second sentence of subsection (f) of that section, shall apply to the imposition of a civil monetary penalty under paragraph (1) in the same manner as such provisions apply with respect to the imposition of a penalty under section 1128A of such Act. SEC. 6. PREEMPTION. This Act shall not preempt any State law that is not inconsistent with this Act, but that imposes additional requirements with respect to a prohibition under this Act. SEC. 7. DEFINITIONS. For purposes of this Act: (1) Guardian.--The term ``guardian'' means a court-approved or court-appointed guardian of an individual. (2) Parent.--The term ``parent'' means a biological, adoptive, or foster parent. (3) Pharmacist.--The term ``pharmacist'' means a person who is licensed to engage in the practice of pharmacology. (4) Pharmacy owner.--The term ``pharmacy owner'' means any person that operates a licensed pharmacy. (5) Physician.--The term ``physician'' means a health care professional who is legally authorized to write prescriptions for pharmaceutical products. (6) Prescription data.--The term ``prescription data'' means any written, printed, or electronically recorded information maintained by a pharmacist or pharmacy owner that indicates the pharmaceutical product or drug therapy prescribed by a physician. Such term includes information such as brand name, scientific name, manufacturer, and medical use of the pharmaceutical product or drug therapy.

Prescription Privacy Protection Act of 1998 - Prohibits a pharmacy owner, pharmacist, or pharmacy employee from disclosing prescription data to any person or governmental agency (other than the individual who is the subject of the data or another owner or employee of the pharmacy) without written consent from the data subject, except: (1) to the physician who wrote the prescription; (2) to a parent or guardian in certain circumstances; (3) to the data subject's agent under a power of attorney; (4) to specified agents of the owner; (5) in connection with certain judicial, administrative, or law enforcement matters; or (6) where necessary to support an application for health benefits from an insurance provider or governmental agency. Mandates a civil monetary penalty for violations. Declares that this Act does not preempt State laws imposing requirements in addition to those in this Act.

Prescription Privacy Protection Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paul D. Wellstone Muscular Dystrophy Community Assistance, Research, and Education Amendments Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The muscular dystrophies are devastating diseases that have a significant impact on quality of life, not only for the individual who experiences its painful symptoms and resulting disability, but also for family members and caregivers. (2) Duchenne muscular dystrophy (referred to in this section as ``DMD'') is the most common lethal genetic disorder of childhood worldwide, affecting approximately 1 in every 3,500 boys born each year around the globe. It is characterized by a rapidly progressive muscle weakness that almost always results in death from respiratory or cardiac failure, typically in the late teens or twenties. (3) Myotonic muscular dystrophy is the second most prominent form of muscular dystrophy and the type most commonly found in adults, affecting an estimated 1 in 8,000 people. However, it can affect people of any age, from birth to old age. Described as the most variable disease known in medicine, it is multisystemic and can cause not only muscle atrophy and myotonia, but also serious cardiac, respiratory, endocrine, gastrointestinal, skeletal and central nervous system complications, as well as problems with the eyes, teeth, and hair. As it passes from one generation to the next, it generally worsens with earlier onset. Congenital myotonic muscular dystrophy is the most severe form of myotonic muscular dystrophy affecting infants and causing severe cognitive delays. It often causes sudden death; however, others can live for many years with this slowly degenerative disorder. (4) Facioscapulohumeral muscular dystrophy (referred to in this section as ``FSHD'') is the second most prevalent adult muscular dystrophy and the third most prevalent muscular dystrophy of men, women and children. It is inherited genetically and has an estimated incidence of 1 in 20,000 persons. Many leading FSHD scientists note that the prevalence may be 3 times higher due to undiagnosed and misdiagnosed cases. FSHD, affecting between 15,000 to 40,000 persons, causes a lifelong progressive and severe loss of all skeletal muscles gradually bringing weakness and reduced mobility. It is genetically transmitted to children, can occur spontaneously, and may affect entire families. Persons with FSHD may also experience hearing loss, vision problems, and respiratory insufficiency; some may become severely physically disabled and spend decades in a wheelchair and on a ventilator. FSHD is caused by a novel epigenetic phenomenon not found in other forms of muscular dystrophy and is caused by a contraction of repetitive DNA previously thought to be ``junk DNA''. The unique epigenetic structure of FSHD is unprecedented in other muscular dystrophies and genetic disorders and demands novel approaches and new research groups. Understanding this mechanism will have great benefit to other areas of biomedical research including cancer and other disease of epigenetic origin. (5) Congenital muscular dystrophies represent a group of distinct diseases, which begin at birth, with varying severity and involvement of both muscle strength and brain. These diseases often lead to premature infant death, or severely disabled young children who require 24-hour care given their developmental delay compounded by muscle weakness. Other children live to young adulthood and typically require the use of a wheelchair for mobility. (6) Forms of muscular dystrophy affecting children and adults include Becker, congenital, distal, Duchenne, Emery- Dreifuss, facioscapulohumeral, limb-girdle, myotonic, and oculopharyngeal muscular dystrophies. The limb-girdle muscular dystrophies are of 15 known different types. (7) Each of the muscular dystrophies, though distinct in progressivity and severity of symptoms, has a devastating impact on hundreds of thousands of children and adults throughout the United States and worldwide, as well as imposes severe physical and economic burdens on those affected. In many of the muscular dystrophies, there are associated medical problems arising from pulmonary issues, respiratory insufficiency, cardiomyopathy, which in many cases is the cause of death for persons with muscular dystrophy. (8) In the 5 years since enactment of the Muscular Dystrophy Community Assistance, Research and Education Amendments of 2001 (the MD-CARE Act (Public Law 107-84)), and due directly to the momentum established by such Act, progress has been made in the battle against the muscular dystrophies. (9) Investments made by the Federal Government as a result of the MD-CARE Act include the creation of the MD Coordinating Committee (MDCC), the development of the MDCC Action Plan, expansion of the National Institutes of Health (referred to in this section as the ``NIH'') research portfolios, establishment of 6 Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers, funding of a $15,400,000 National Institutes of Health U54 grant and others focused on DMD, development of the Muscular Dystrophy Surveillance, Tracking and Research Network (MD STARnet), and the launch of a comprehensive education and outreach initiative. (10) In the past few years, the NIH program in translational research in muscular dystrophy has grown significantly and funded a number of large-scale projects to further the development of therapies for muscular dystrophy. As part of this program, the National Institute of Neurological Disorders and Stroke (NINDS) and the National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMS) of the National Institutes of Health (NIH) awarded a $15,400,000, 5- year cooperative agreement to develop new small molecule drugs for the treatment of DMD and potentially other forms of muscular dystrophy as well. The project is a unique research collaboration between private, public, and nonprofit partners to build upon previous research and discovery work originally initiated by non-profit partners to identify new treatments for muscular dystrophy. Also through the translational program, 3 other major cooperative agreements have been awarded for highly targeted therapy development projects in the muscular dystrophies. (11) Due to the initiatives made possible through the MD- CARE Act, national nonprofit organizations have joined in model strategic collaborations with academic research institutions, public funders of muscular dystrophy research, and industry to expand investments in muscular dystrophy research activities and to create new platforms for translational research. These have led to the development of the first potential therapies for DMD, myotonic, facioscapulohumeral, limb-girdle, and other conditions that are proceeding through clinical trials. (12) Advancements in care have helped prolong life and quality of life for patients with muscular dystrophy. (13) Notwithstanding these promising developments, the majority of the directions envisioned by the Action Plan for the Muscular Dystrophies, developed pursuant to the MD-CARE Act, have not been realized. Where recent momentum has been achieved, its sustainability is fragile and directly dependent upon continued Federal support for the early phase planning and programs created through the MD-CARE Act. (14) There remains a shortage of qualified researchers in the field of muscular dystrophy research. Many family physicians and health care professionals still lack the knowledge and resources to detect and properly diagnose muscular dystrophy as early as possible, thus delaying management of symptoms in cases that go undetected or misdiagnosed. (15) As new understandings of the genetic basis for disease and potential treatment has emerged, the public and health care communities are in urgent need of education and outreach to ensure competent, informed engagement in genetic testing and counseling and appropriate patient characterization so that patients are able to participate in new avenues of research and clinical trials. (16) As basic research into the muscular dystrophies points the way to new therapeutic targets, there is an urgent need to support the clinical research infrastructure necessary to bring these therapeutic leads to human trials; these infrastructure needs include validated endpoints, current natural history studies, biomarkers, clinical research networks, patient registries, and databases. (17) In order to improve lives and develop effective treatments for individuals with muscular dystrophy, there must be improved communications and partnerships between patients, patient advocacy, researchers, and clinical care providers. To that end, renewed effort to work together by all parties is a critical element for successful outcomes in the years to come. (18) Continued focus and investment are required to build on the current momentum, respond to public need, and ensure that federally funded research and other innovation is translated to therapeutic targets as quickly as possible. SEC. 3. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON MUSCULAR DYSTROPHY. Section 404E of the Public Health Service Act (42 U.S.C. 283g) is amended-- (1) in subsection (a)(1), by inserting ``the National Heart, Lung, and Blood Institute,'' after ``Child Health and Human Development,''; (2) in subsection (b)(1), by adding at the end the following: ``Such centers of excellence shall be known as the `Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers'.''; and (3) by adding at the end the following: ``(h) Clinical Research.--The Coordinating Committee shall give special consideration to the urgent need to enhance the clinical research infrastructure required to test emerging therapies for the various forms of muscular dystrophy by prioritizing the achievement of those goals in the plan related to this topic. ``(i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2008 through 2012.''. SEC. 4. DEVELOPMENT AND EXPANSION OF ACTIVITIES OF CENTERS FOR DISEASE CONTROL AND PREVENTION WITH RESPECT TO EPIDEMIOLOGICAL RESEARCH ON MUSCULAR DYSTROPHY. Section 317Q of the Public Health Service Act (42 U.S.C. 247b-18) is amended-- (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following: ``(d) Data.--In carrying out this section, the Secretary shall ensure that any data on patients that is collected as part of the Muscular Dystrophy Surveillance, Tracking and Research Network (referred to in this section as the `MD STARnet') under a grant under this section is regularly updated to reflect changes in patient condition over time, particularly with respect to any improvements realized through patient adherence to care considerations or utilization of a treatment or therapy. ``(e) Reports and Tracking.-- ``(1) Annual report.--Not later than 18 months after the date of enactment of the Paul D. Wellstone Muscular Dystrophy Community Assistance, Research, and Education Amendments Act of 2008, and annually thereafter, the Director of the Centers for Disease Control and Prevention shall submit to the appropriate committees of Congress a report-- ``(A) concerning the activities carried out by MD STARnet sites funded under this section during the year for which the report is prepared; ``(B) containing the data collected and findings derived from the MD STARnet sites each fiscal year (as funded under a grant under this section during the periods of fiscal years 2008 through 2012); and ``(C) that every 2 years outlines prospective data collection objectives and strategies. ``(2) Tracking health outcomes.--The Director of the Centers for Disease Control and Prevention shall make publicly available prospective health outcome data on the health and survival of people with muscular dystrophy.''. SEC. 5. INFORMATION AND EDUCATION. Section 5 of the Muscular Dystrophy Community Assistance, Research and Education Amendments of 2001 (42 U.S.C. 247b-19) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b), the following: ``(c) Requirements of the Centers for Disease Control and Prevention.--In carrying out this section, the Director of the Centers for Disease Control and Prevention shall-- ``(1) partner with leaders in the muscular dystrophy patient community; and ``(2) widely disseminate the Duchenne-Becker Muscular Dystrophy care considerations described in section 904 as broadly as possible, including through partnership opportunities with the muscular dystrophy patient community.''. SEC. 6. STANDARDS OF CARE. Part A of title IX of the Public Health Service Act (42 U.S.C. 299 et seq.) is amended by adding at the end the following: ``SEC. 904. STANDARDS OF CARE RELATING TO MUSCULAR DYSTROPHY. ``The Director shall-- ``(1) evaluate the available scientific evidence for the appropriate medical or patient organizations for purposes of the development and issuance of an initial set of care considerations for Duchenne-Becker Muscular Dystrophy and provide ongoing review and updates where appropriate; and ``(2) replicate the same systematic review methodology used to develop the Duchenne-Becker Muscular Dystrophy care considerations developed under paragraph (1) as a model for other muscular dystrophies.''.

Paul D. Wellstone Muscular Dystrophy Community Assistance, Research, and Education Amendments of 2008 - Amends the Public Health Service Act to designate centers of excellence for research on various forms of muscular dystrophy as Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers. Requires the Muscular Dystrophy Interagency Coordinating Committee to give special consideration to enhancing the clinical research infrastructure required to test emerging therapies for the various forms of muscular dystrophy. Requires the Secretary of Health and Human Services to ensure that any data on patients that is collected as part of the Muscular Dystrophy Surveillance, Tracking and Research Network (MD STARnet) is regularly updated to reflect changes in patient condition over time. Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) report to the appropriate congressional committees on MD STARnet and data collection; and (2) make publicly available prospective health outcome data on the health and survival of people with muscular dystrophy. Requires the Director of CDC, in carrying out a program to provide information and education on muscular dystrophy to health professionals and the general public, to: (1) partner with leaders in the muscular dystrophy patient community; and (2) widely disseminate the Duchenne-Becker muscular dystrophy care considerations. Requires the Director of the Agency for Healthcare Research and Quality to: (1) evaluate the available scientific evidence to develop and issue an initial set of care considerations for Duchenne-Becker muscular dystrophy and provide ongoing review and updates where appropriate; and (2) replicate the same systematic review methodology used to develop such care considerations as a model for other muscular dystrophies.

A bill to amend the Public Health Service Act to provide for research with respect to various forms of muscular dystrophy, including Becker, congenital, distal, Duchenne, Emery-Dreifuss Facioscapulohumeral, limb-girdle, myotonic, and oculopharyngeal muscular dystrophies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bankruptcy Law Technical Corrections Act of 1997''. SEC. 2. DEFINITIONS. Section 101 of title 11, United States Code, is amended-- (1) by striking ``In this title--'' and inserting ``In this title:'', (2) in paragraph (51B) by inserting ``family farms or'' after ``other than'', (3) in paragraph (35)(B) by striking ``paragraphs (21B) and (33)(A)'' and inserting ``paragraphs (23) and (35)'', (4) in each paragraph by inserting ``The term'' after the paragraph designation, (5) in paragraphs (35A) and (38) by striking ``; and'' at the end and inserting a period, (6) in paragraph (54) by inserting ``, creation of a lien,'' after ``security interest'', (7) in paragraphs (1) through (35), in paragraphs (36) and (37), and in paragraphs (40) through (55), by striking the semicolon at the end and insert a period, and (8) by redesignating paragraphs (4) through (55) in numerical sequence. SEC. 3. ADJUSTMENT OF DOLLAR AMOUNTS. Section 104 of title 11, United States Code, is amended by inserting ``522(f)(3),'' after ``522(d),'' each place it appears. SEC. 4. EXTENSION OF TIME. Section 108(c)(2) of title 11, United States Code, is amended by striking ``922'' and all that follows through ``or'', and inserting ``922, 1201, or''. SEC. 5. PENALTY FOR PERSONS WHO NEGLIGENTLY OR FRAUDULENTLY PREPARE BANKRUPTCY PETITIONS. Section 110(j)(3) of title 11, United States Code, is amended by striking ``attorney's'' and inserting ``attorneys' ''. SEC. 6. ELIGIBILITY TO SERVE AS TRUSTEE. Paragraphs (1) and (2) of section 321(a) of title 11, United States Code, are amended by striking ``7, 12,'' and inserting ``12''. SEC. 7. EMPLOYMENT OF PROFESSIONAL PERSONS. (a) Authority of Trustee.--Section 327 of title 11, United States Code, is amended-- (1) in subsection (b) by striking ``section 721,,'' and inserting ``721,'', (2) in subsection (c) by striking ``chapter 7'' and all that follows through ``or'' the first place it appears, and inserting ``chapter 7, 12, or'', and (3) in subsection (d) by striking ``act as attorney or accountant'' and inserting ``render professional services of the kind described in subsection (a)''. (b) Limitation on Compensation.--Section 328(b) of title 11, United States Code, is amended-- (1) by striking ``serve as an attorney or accountant'' and inserting ``render professional services'', (2) by striking ``such attorney or accountant'' and inserting ``a professional person who renders such services'', (3) by striking ``attorney or accountant'' and inserting ``such professional person'', and (4) by striking ``an attorney or accountant'' and inserting ``such a professional person''. SEC. 6. LIMITATION ON COMPENSATION OF PROFESSIONAL PERSONS. Section 328(a) of title 11, United States Code, is amended in subsection (a) by inserting ``on a fixed or percentage fee basis,'' after ``hourly basis,''. SEC. 7. COMPENSATION TO OFFICERS. Section 330(a) of title 11, United States Code, is amended-- (1) in paragraph (1) by inserting ``, or the debtor's attorney'' after ``1103'', and (2) in paragraph (3) by striking ``(3)(A) In'' and inserting ``(3) In''. SEC. 8. SPECIAL TAX PROVISIONS. Section 346(g)(1)(C) of title 11, United States Code, is amended by striking ``, except'' and all that follows through ``1986''. SEC. 9. EFFECT OF CONVERSION. Section 348(f)(2) of title 11, United States Code, is amended by inserting ``of the estate'' after ``property'' the first place it appears. SEC. 10. AUTOMATIC STAY. Section 362 of title 11, United States Code, is amended-- (1) in subsection (b)(3) by inserting ``or is taken with respect to a security interest that is created by a transfer to which section 547(c)(3) of this title applies'' before the semicolon at the end, and (2) in subsection (h) by striking ``individual'' and inserting ``entity''. SEC. 11. EXECUTORY CONTRACTS AND UNEXPIRED LEASES. Section 365 of title 11, United States Code, is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (C) by striking ``or'' at the end, and (B) by striking subparagraph (D) and inserting the following: ``(D) the satisfaction of any penalty rate in any executory contract or unexpired lease; or ``(E) the satisfaction of any provision relating to a default arising from any failure by the debtor to perform nonmonetary obligations under any executory contract or unexpired lease other than an unexpired lease of personal property.'', (2) in subsection (c)-- (A) in paragraph (2) by adding ``or'' at the end, (B) in paragraph (3) by striking ``or'' at the end and inserting a period, and (C) by striking paragraph (4), (3) in subsection (d) by striking paragraphs (5) through (9), and (4) in subsection (f)(1) by striking ``; except that'' and all that follows through the end of the paragraph and inserting a period. SEC. 12. AMENDMENT TO TABLE OF SECTIONS. The table of sections for chapter 5 by amending the item relating to section 556 to read as follows: ``556. Contractual right to liquidate a commodities contract or forward contract.''. SEC. 13. ALLOWANCE OF ADMINISTRATIVE EXPENSES. Section 503(b)(4) of title 11, United States Code, is amended by inserting ``subparagraph (A), (B), (C), (D), or (E) of'' before ``paragraph (3)''. SEC. 14. PRIORITIES. Section 507(a) of title 11, United States Code, is amended-- (1) in paragraph (3)(B) by striking the semicolon at the end and inserting a period, and (2) in paragraph (7) by inserting ``unsecured'' after ``allowed''. SEC. 15. EXEMPTIONS. Section 522 of title 11, United States Code, is amended-- (1) in subsection (f)(1)(A)(ii)(II)-- (A) by striking ``includes a liability designated as'' and inserting ``is for a liability that is designated as, and is actually in the nature of,'', and (B) by striking ``support.'' and inserting ``support'', and (2) in subsection (g)(2) by striking ``subsection (f)(2)'' and inserting ``subsection (f)(1)(B)''. SEC. 16. EXCEPTIONS TO DISCHARGE. Section 523 of title 11, United States Code, is amended-- (1) in subsection (a)(3) by striking ``or (6)'' each place it appears and inserting ``(6), or (15)'', (2) as amended by section 304(e) of Public Law 103-394 (108 Stat. 4133), in paragraph (15)-- (A) by inserting ``or'' after the semicolon at the end, and (B) by transferring such paragraph so as to insert it after paragraph (14) of subsection (a), (3) in subsection (a)(15), as so redesignated by paragraph (2), by inserting ``to a spouse, former spouse, or child of the debtor and'' after ``(15)'', (4) in subsection (a)(17)-- (A) by striking ``by a court'' and inserting ``on a prisoner by a Federal court'', and (B) by striking ``section 1915 (b) or (f)'' and inserting ``subsection (b) or (f)(2) of section 1915'', and (5) in subsection (e) by striking ``a insured'' and inserting ``an insured''. SEC. 17. EFFECT OF DISCHARGE. Section 524(a)(3) of title 11, United States Code, is amended by striking ``section 523'' and all that follows through ``or that'', and inserting ``section 523, 1228(a)(1), or 1328(a)(1) of this title, or that''. SEC. 18. PROTECTION AGAINST DISCRIMINATORY TREATMENT. Section 525(c) of title 11, United States Code, is amended-- (1) in paragraph (1) by inserting ``student'' before ``grant'' the second place it appears, and (2) in paragraph (2) by striking ``the program operated under part B, D, or E of'' and inserting ``any program operated under''. SEC. 19. PROPERTY OF THE ESTATE. Section 541(b)(4)(B)(ii) of title 11, United States Code (as added by section 208(b) of the Bankruptcy Reform Act of 1994), is amended by inserting ``365 or'' before ``542''. SEC. 20. LIMITATIONS ON AVOIDING POWERS. Section 546 of title 11, United States Code, is amended by redesignating the second subsection (g) as subsection (h). SEC. 21. LIABILITY OF TRANSFEREE OF AVOIDED TRANSFER. (a) In General.--Section 550(c) of title 11, United States Code, is amended-- (1) in paragraph (1) by striking ``avoided under section 547(b)'' and inserting ``avoidable under section 547'', and (2) in the matter following paragraph (2), by striking ``recover under subsection (a) from a transferee that is not an insider'' and inserting ``avoid under section 547 such transfer, to the extent that such transfer was made for the benefit of a transferee that was not an insider at the time of such transfer, or recover under subsection (a) from a transferee that was not an insider at the time of such transfer''. (b) Conforming Amendment.--Section 547(b) of title 11, United States Code, is amended by inserting ``or in section 550(c) of this title'' after ``subsection (c) of this section''. SEC. 22. SETOFF. Section 553(b)(1) of title 11, United States Code, is amended by striking ``362(b)(14)'' and inserting ``362(b)(17)''. SEC. 23. DISPOSITION OF PROPERTY OF THE ESTATE. Section 726(b) of title 11, United States Code, is amended by striking ``1009,''. SEC. 24. GENERAL PROVISIONS. Section 901(a) of title 11, United States Code, is amended by inserting ``1123(d),'' after ``1123(b),''. SEC. 25. APPOINTMENT OF ELECTED TRUSTEE. Section 1104(b) of title 11, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)'', and (2) by adding at the end the following new paragraph: ``(2)(A) If an eligible, disinterested trustee is elected at a meeting of creditors under paragraph (1), the United States trustee shall file a report certifying that election. Upon the filing of a report under the preceding sentence-- ``(i) the trustee elected under paragraph (1) shall be considered to have been selected and appointed for purposes of this section, and ``(ii) the service of any trustee appointed under subsection (d) shall terminate. ``(B) In the case of any dispute arising out of an election under subparagraph (A), the court shall resolve the dispute.''. SEC. 26. ABANDONMENT OF RAILROAD LINE. Section 1170(e)(1) of title 11, United States Code, is amended by striking ``section 11347'' and inserting ``section 11326(a)''. SEC. 27. CONTENTS OF PLAN. Section 1172(c)(1) of title 11, United States Code, is amended by striking ``section 11347'' and inserting ``section 11326(a)''. SEC. 28. PAYMENTS. Section 1226(b)(2) of title 11, United States Code, is amended-- (1) by striking ``1202(c) of this title'' and inserting ``586(b) of title 28'', and (2) by striking ``1202(d) of this title'' and inserting ``586(e)(1)(B) of title 28''. SEC. 29. DISCHARGE. Subsections (a) and (c) of section 1228 of title 11, United States Code, are amended by striking ``1222(b)(10)'' each place it appears and inserting ``1222(b)(9)''. SEC. 30. CONTENTS OF PLAN. Section 1322 of title 11, United States Code, is amended-- (1) in subsection (b) by striking ``(c)'' and inserting ``(d)'', and (2) in subsection (e) by striking the comma after ``default'' the second place it appears. SEC. 31. DISCHARGE. Section 1328(a) of title 11, United States Code, is amended by striking all after ``except any debt--'' and inserting the following: ``(1) provided for under section 1322(b)(5) of this title; ``(2) of the kind specified in paragraph (5), (8), or (9) of section 523(a) of this title; or ``(3) for restitution, or a criminal fine, included in a sentence on the debtor's conviction of a crime.''. SEC. 32. BANKRUPTCY CASES AND PROCEEDINGS. Section 1334(d) of title 28, United States Code, is amended-- (1) by striking ``made under this subsection'' and inserting ``made under subsection (c)'', and (2) by striking ``This subsection'' and inserting ``Subsection (c) and this subsection''. SEC. 33. BANKRUPTCY REVIEW COMMISSION. Section 604 of the Bankruptcy Reform Act of 1994 (108 Stat. 4147) is amended-- (1) by striking subsection (g), and (2) by redesignating subsection (h) as subsection (g). SEC. 34. KNOWING DISREGARD OF BANKRUPTCY LAW OR RULE. Section 156(a) of title 18, United States Code, is amended-- (1) in the first undesignated paragraph-- (A) by inserting ``(1) the term'' before `` `bankruptcy'', and (B) by striking the period at the end and inserting ``; and'', and (2) in the second undesignated paragraph-- (A) by inserting ``(2) the term'' before `` `document'', and (B) by striking ``this title'' and inserting ``title 11''. SEC. 35. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act.

Bankruptcy Law Technical Corrections Act of 1997 - Amends Federal bankruptcy law regarding: (1) definitions affecting family farms and creation of a lien; (2) periodic adjustments of dollar amounts; (3) extensions of time; (4) removal of Chapter 7 (liquidation) cases from the eligibility guidelines governing service as a trustee; (5) compensation for professional persons and the debtor's attorney; (6) the non-applicability of an automatic stay to the creation of a security interest by transfer that is non-avoidable by the trustee; and (7) assumption by the bankruptcy trustee of certain executory contracts with specified defaults, and of unexpired leases of aircraft facilities. Revises guidelines governing: (1) debtor avoidance of certain judicial liens; (2) exceptions to a discharge from debt and the effect of such discharge; (3) the liability of a transferee of an avoided transfer; (4) appointment of an elected trustee or examiner; and (5) payment for standing trustees pursuant to the judicial code. Amends the Bankruptcy Reform Act of 1994 to repeal the authorization for a 90-day continuation of membership on the National Bankruptcy Review Commission of certain Commission members who leave government office or, if they were not government officers or employees, become such.

Bankruptcy Law Technical Corrections Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnerships for the Future Act of 2016''. SEC. 2. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIPS STEM PILOT GRANT PROGRAM. (a) Establishment.--The Secretary of Labor shall establish a competitive grant pilot program to award grants to eligible entities for the purpose of developing, offering, improving, or providing STEM education or career training programs for workers. (b) Eligible Entity.-- (1) In general.--For purposes of this Act, an ``eligible entity'' means one of the following in partnership with employers or an association of employers: (A) A junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1085(f))). (B) A postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))). (C) A 4-year public institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that offers two-year degrees, will use funds provided under this section for activities at the certificate and associate degree levels, and is not reasonably close, as determined by the Secretary of Labor, to a community college. (D) A tribal college or university (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))). (E) At the discretion of the Secretary of Labor, a private, not-for-profit, 2-year institution of higher education in Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. (F) A consortium of any of the entities described in subparagraphs (A) through (E). (2) Additional partnerships.--An eligible entity described in paragraph (1) may partner with any of the following: (A) An adult education provider or institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). (B) A community-based organization, a nonprofit organization, or other public or private entity with a demonstrated record of successfully meeting student and family needs. (C) A joint labor-management partnership. (D) Any other organization that the Secretary of Labor considers appropriate. (3) Workforce development board.--Any such partnership shall collaborate with, and may include, the State board or local board. (c) Application.--An eligible entity seeking a grant under this section shall submit a grant proposal to the Secretary of Labor at such time and containing such information as the Secretary may require. The proposal shall include, at a minimum, a detailed description of-- (1) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, improve, or provide a STEM education or career training program; (2) the extent to which the project will meet the STEM education or career training needs of workers in the area served by the eligible entity; (3) the extent to which the project will meet the needs of employers in the region for skilled workers in in-demand industry sectors and in-demand occupations, including high technology areas, nanotechnology, and advanced manufacturing; (4) the extent to which the project fits within any overall strategic plan developed by an eligible entity; and (5) any previous experience of the eligible entity in providing STEM education or career training programs, the absence of which shall not automatically disqualify an eligible institution from receiving a grant under this section. (d) Specifications of Grants.-- (1) Duration.--A grant shall be awarded under this section for a period of up to 36 months in duration. (2) Size of grant.--The amount of a grant awarded under this subsection may not exceed $3,000,000 for an individual entity and $20,000,000 for a consortium. (e) Criteria for Award.-- (1) In general.--Grants under this section shall be awarded based on-- (A) a determination of the merits of the grant proposal submitted by the eligible entity to develop, offer, improve, or provide STEM education or career training programs to be made available to workers; (B) an assessment of the likely employment opportunities available in the region to individuals who complete a STEM education or career training program that the eligible entity proposes to develop, offer, improve, or provide; (C) an assessment of prior demand for STEM training programs by individuals eligible for training served by the eligible entity as well as availability and capacity of existing STEM training programs to meet future demand for STEM training programs; and (D) any additional criteria established by the Secretary of Labor. (2) Priority.--The Secretary of Labor shall give priority to eligible entities that-- (A) include a partnership with a business or industry or sector partnership that-- (i) pays a portion of the costs of such programs; or (ii) agrees to hire individuals who have completed a particular postsecondary degree, certificate, or credential resulting from the training program of the eligible entity; (B) enter into a partnership with a labor organization or labor-management training program that provides technical expertise for occupationally specific education necessary for a recognized postsecondary STEM credential leading to an occupation in an in-demand industry sector; (C) are focused on serving individuals with barriers to employment, particularly individuals who have been unemployed for 27 weeks or longer; (D) are community colleges serving areas with high unemployment rates, including rural areas; and (E) are eligible entities that include an institution of higher education eligible for assistance under title III or V of the Higher Education Act of 1965. (f) Use of Funds.--Grants awarded under this section shall be used for one or more of the following: (1) The development, offering, improvement, or provision of STEM academic programs or training programs that provide relevant job training for skilled occupations that will meet the needs of employers in in-demand industry sectors, which may include registered apprenticeship programs, on-the-job training programs, and programs that support employers in upgrading the skills of their workforce. (2) The development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary STEM credential or degree in in-demand industry sectors and in-demand occupations, including by-- (A) facilitating the transfer of academic credits between institutions of higher education, including the transfer of academic credits for courses in the same field of study; (B) expanding articulation agreements and policies that guarantee transfer between such institutions, including through common course numbering and general core curriculum; and (C) developing or enhancing student support services programs. (3) The creation of workforce programs that provide a sequence of education and occupational training that leads to a recognized postsecondary STEM credential or degree, including programs that-- (A) blend basic skills and occupational training; (B) facilitate means of transitioning from noncredit occupational, basic skills, or developmental coursework to for-credit coursework within and across institutions; (C) build or enhance linkages including the development of dual enrollment programs and early college high schools between secondary education or adult education programs (including programs established under the Carl D. Perkins Career and Technical Education Act of 2006); (D) implement other innovative programs designed to increase the provision of training for students, including students who are veteran members of the National Guard or Reserves, to enter skilled occupations in in-demand industry sectors; and (E) support paid internships that will allow students to simultaneously earn credit for work-based learning and gain relevant employment experience in an in-demand industry sector or in-demand occupation, which shall include opportunities that transition individuals into employment. (4) The support of regional or national in-demand industry sectors to develop skills consortia that will identify pressing workforce needs and develop solutions such as-- (A) standardizing industry certifications; (B) developing new training technologies; and (C) collaborating with industry employers to define and describe how specific skills lead to particular jobs and career opportunities. (g) Authorizations of Appropriations.--There are authorized to be appropriated to the Secretary of Labor $100,000,000 for each of fiscal years 2017 through 2019 to carry out this section. (h) Definitions.--For the purposes of this section: (1) The terms ``in-demand industry sector or occupation'', ``local board'', and ``State board'' have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (2) The term ``STEM'' means science, technology, education, and mathematics.

Partnerships for the Future Act of 2016 This bill directs the Department of Labor to establish a competitive grant pilot program to award grants to eligible entities for developing, offering, improving, or providing science, technology, education, and mathematics (STEM) education or career training programs for workers. "Eligible entity" means one of the following in partnership with employers or an association of employers: a junior or community college; a postsecondary vocational institution; a four-year public institution of higher education that offers two-year degrees, will use provided funds for activities at the certificate and associate degree levels, and is not reasonably close to a community college; a tribal college or university; at Labor's discretion, a private, not-for-profit, two-year institution of higher education in a specified U.S. territory or possession; or a consortium of any such entities. An eligible entity may partner with an adult education provider or institution of higher education, an entity with a demonstrated record of successfully meeting student and family needs, or a joint labor-management partnership. The bill sets forth criteria and priorities for awarding grants. Grants shall be used for: the development, offering, improvement, or provision of STEM academic programs or training programs that provide relevant job training for skilled occupations that will meet the needs of employers in in-demand industry sectors; the development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary STEM credential or degree in such sectors and in-demand occupations; the creation of workforce programs that provide a sequence of education and occupational training that leads to a recognized postsecondary STEM credential or degree; and/or the support of regional or national in-demand industry sectors to develop skills consortia that will identify pressing workforce needs and develop solutions.

Partnerships for the Future Act of 2016

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Gasoline Savings and Speed Limit Reduction Act of 2008''. SEC. 2. ESTABLISHMENT OF NATIONAL MAXIMUM SPEED LIMITS. (a) National Maximum Speed Limits.--Chapter 1 of title 23, United States Code, is amended by inserting after section 149 the following: ``Sec. 150. National maximum speed limits ``(a) Speed Limit Requirements.--The Secretary shall not approve a project under section 106 in any State which has-- ``(1) a maximum speed limit on any highway within its jurisdiction in excess of 60 miles per hour, other than a highway on the National Highway System located outside of an urbanized area; ``(2) a maximum speed limit on any highway within its jurisdiction on the National Highway System located outside of an urbanized area in excess of 65 miles per hour; ``(3) failed to meet the requirements of subsection (b); or ``(4) a speed limit on any portion of a public highway within its jurisdiction which is not uniformly applicable to all types of motor vehicles using such portion of highway, if on July 1, 2008, such portion of highway had a speed limit which was uniformly applicable to all types of motor vehicles using it, except that-- ``(A) a lower speed limit may be established for any vehicle operating under a special permit because of the weight or dimension of such vehicle, including any load thereon; and ``(B) this paragraph shall not apply to any portion of a highway during such time that the condition of the highway, weather, an accident, or other condition creates a temporary hazard to the safety of traffic. ``(b) Certification.-- ``(1) Certification requirement.--Each State shall certify to the Secretary before January 1 of each year, beginning in 2009, that it is enforcing all speed limits on public highways in accordance with this section. ``(2) Data requirements.-- ``(A) In general.--Each State shall submit to the Secretary such data as the Secretary determines by rule is necessary to support the certification of the State under this subsection, including data required under subparagraph (B). ``(B) Data on speed limit violations.-- ``(i) In general.--Each State shall submit to the Secretary data on the percentage of motor vehicles exceeding the speed limit on maximum speed limit highways, including data on-- ``(I) citations; and ``(II) travel speed, including the posted speed limit and design characteristics of roads from which travel speed data are gathered. ``(ii) Establishment of criteria.--The Secretary shall establish criteria for data submitted under this subparagraph, including criteria which take into account the variability of speedometer readings and criteria based on the speeds of all vehicles or a representative sample thereof. ``(C) Data collection.--The Secretary shall issue regulations which ensure that-- ``(i) the monitoring programs conducted by the States to collect data for purposes of this subsection are uniform; ``(ii) devices and equipment for such programs are placed at locations on maximum speed limit highways on a scientifically random basis which takes into account the relative risk, as determined by the Secretary, of motor vehicle accidents occurring considering the classes of such highways and the speeds at which vehicles travel on such classes of highways; and ``(iii) the data submitted under this subsection will be in such form as the Secretary determines is necessary to carry out this section. ``(c) Penalty for Underenforcement.-- ``(1) In general.--Except as provided in paragraph (2), if the data submitted by a State pursuant to subsection (b) at the end of a fiscal year show that the percentage of motor vehicles exceeding the speed limit on maximum speed limit highways in the State is greater than the maximum percentage established for such fiscal year under this paragraph, the Secretary shall transfer a percentage of the aggregate amount of Federal-aid highway funds apportioned to the State under sections 104(b)(1) and 104(b)(3) for the fiscal year ending 2 years later to one or more State safety projects, as follows: ``(A) 2009.--For the fiscal year ending September 30, 2009, if the percentage of motor vehicles exceeding the speed limit on maximum speed highways in the State is greater than 70 percent, the Secretary shall transfer up to 5 percent of the aggregate amount of Federal-aid highway funds apportioned to the State under sections 104(b)(1) and 104(b)(3) for the fiscal year ending September 30, 2011, to one or more State safety projects. ``(B) 2010.--For the fiscal year ending September 30, 2010, if the percentage of motor vehicles exceeding the speed limit on maximum speed highways in the State is greater than 60 percent,the Secretary shall transfer up to 5 percent of the aggregate amount of Federal-aid highway funds apportioned to the State under sections 104(b)(1) and 104(b)(3) for the fiscal year ending September 30, 2012, to one or more State safety projects. ``(C) 2011.--For the fiscal year ending September 30, 2011, if the percentage of motor vehicles exceeding the speed limit on maximum speed highways in the State is greater than 50 percent, the Secretary shall transfer up to 5 percent of the aggregate amount of Federal-aid highway funds apportioned to the State under sections 104(b)(1) and 104(b)(3) for the fiscal year ending September 30, 2013, to one or more State safety projects. ``(D) 2012.--For the fiscal year ending September 30, 2012, if the percentage of motor vehicles exceeding the speed limit on maximum speed highways in the State is greater than 40 percent, the Secretary shall transfer up to 10 percent of the aggregate amount of Federal-aid highway funds apportioned to the State under sections 104(b)(1) and 104(b)(3) for the fiscal year ending September 30, 2014, to one or more State safety projects. ``(E) 2013.--For the fiscal year ending September 30, 2013, if the percentage of motor vehicles exceeding the speed limit on maximum speed highways in the State is greater than 30 percent, the Secretary shall transfer up to 10 percent of the aggregate amount of Federal-aid highway funds apportioned to the State under sections 104(b)(1) and 104(b)(3) for the fiscal year ending September 30, 2015, to one or more State safety projects. ``(F) Subsequent years.--In a fiscal year following the fiscal year ending September 30, 2013, if the percentage of motor vehicles exceeding the speed limit on maximum speed highways in the State is greater than 30 percent, the Secretary shall transfer up to 10 percent of the aggregate amount of Federal-aid highway funds apportioned to the State under sections 104(b)(1) and 104(b)(3) for the fiscal year ending 2 years later, to one or more State safety projects. ``(2) Hardship exemption.--Notwithstanding paragraph (1), if the Secretary determines, in accordance with criteria established by the Secretary, that a transfer of funds under paragraph (1) would result in hardship to a State in the fiscal year in which the transfer would apply, the Secretary shall defer the transfer until the subsequent fiscal year. ``(d) Definitions.--In this section: ``(1) Motor vehicle.--The term `motor vehicle' means any vehicle driven or drawn by mechanical power manufactured primarily for use on public highways, except any vehicle operated exclusively on a rail or rails. ``(2) Maximum speed limit highway.--The term `maximum speed limit highway' means a highway subject to the speed limits established under paragraphs (1) and (2) of subsection (a). ``(3) Safety project.--The term `safety project' means a project carried out for the purpose of safety under this title, including a project to promote the awareness and education of the public concerning highway safety matters (including motorcyclist safety) and to enforce highway safety laws.''. (b) Study.-- (1) In general.--The Secretary shall arrange with the Transportation Research Board of the National Academy of Sciences to conduct a comprehensive study and investigation of the following: (A) Benefits of the program.--The benefits, both human and economic, of lowered speeds due to the enactment of this Act, with particular attention to the savings to taxpayers. (B) Effectiveness of state enforcement.--Whether the laws of each State constitute a substantial deterrent to violations of the speed limit on maximum speed limit highways. (2) Report.--In entering into an arrangement with the Transportation Research Board of the National Academy of Sciences for conducting such study and investigation, the Secretary shall request the Board to report to the Secretary and Congress not later than 12 months after the date of enactment of this Act on the results of such study and investigation, together with its recommendations. The Secretary shall furnish to the Board on request any information which the Board considers necessary for the purpose of conducting the investigation and study authorized by this section. (c) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 149 the following: ``150. National maximum speed limits.''.

Gasoline Savings and Speed Limit Reduction Act of 2008 - Prohibits the Secretary of Transportation from approving a federal-aid highway project for a state: (1) with a maximum speed limit in excess of 60 miles per hour on any state highway (other than a highway on the National Highway System (NHS) located outside of an urbanized area), or in excess of 65 miles per hour on any such NHS highway; and (2) that has failed to certify to the Secretary that it is enforcing such national maximum speed limits. Prohibits the Secretary from approving a federal-aid highway project also for a state with a speed limit on any portion of a public highway within its jurisdiction which is not uniformly applicable to all types of motor vehicles using such portion of highway, if on July 1, 2008, such highway portion had a speed limit which was uniformly applicable to all types of motor vehicles using it. Allows a lower speed limit, however, for a vehicle under a special permit based on the weight or dimension of such vehicle. Makes the requirement inapplicable, also, during any time that the condition of the highway, weather, or an accident creates a temporary hazard to the safety of traffic. Requires the Secretary to transfer up to a specified annual percentage of the aggregate amount of federal-aid highway funds to state safety projects in states that fail to enforce the national maximum speed limits. Directs the Secretary to arrange with the Transportation Research Board of the National Academy of Sciences to study, and report to the Secretary and Congress on, the benefits of the national maximum speed limits program and the effectiveness of state enforcement of such limits.

To establish a national maximum speed limit of 60 miles per hour on highways, and 65 miles per hour on portions of the National Highway System located outside of an urbanized area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Space and Aeronautics Prize Act''. SEC. 2. NATIONAL ENDOWMENT FOR SPACE AND AERONAUTICS. (a) Establishment.--There is established a National Endowment for Space and Aeronautics (referred to in this Act as the ``Endowment''). (b) Purpose.--The purpose of the Endowment is-- (1) to further the public's knowledge of and inspiration by the Earth, the Earth's atmosphere, human and robotic spaceflight and science missions, and celestial bodies in space; (2) to carry out a program to award cash prizes in recognition of outstanding achievements in basic, advanced, and applied research, technology development, and prototype demonstration that have the potential for application to the Nation's space and aeronautical endeavors in conjunction with, or independent of, the National Aeronautics and Space Administration (in this Act referred to as ``NASA''); (3) to carry out a program for tasteful advertising of commercial products and services in conjunction with the Nation's space and aeronautics endeavors in conjunction with, or independent of, NASA; and (4) to encourage private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in connection with, the Nation's aeronautics and space endeavors to include those of the National Aeronautics and Space Administration, its activities and its services. (c) Chairperson of the Endowment.--The Endowment shall be headed by a Chairperson, who shall be appointed by the President, by and with the advice and consent of the Senate. Under the supervision and direction of the President, the Chairperson shall be responsible for the exercise of all powers and the discharge of all duties of the Endowment, and shall have authority and control over all personnel and activities thereof. The Chairperson shall not engage in any other business, vocation, or employment while serving as such. (d) Terms.--The Chairperson shall serve for a term of 4 years and shall be eligible for reappointment. Upon expiration of the chairperson's term of office the Chairperson shall serve until the Chairperson's successor shall be appointed. (e) Duties.--The Chairperson shall correlate the programs of the Endowment, insofar as practicable, with existing programs of Federal, State, regional, or private groups, and shall develop the programs of the Endowment with due regard to the contribution to the objectives of this section which can be made by other Federal agencies under existing programs. The Chairperson may enter into interagency agreements to promote or assist the space and aeronautics activities of other Federal agencies on a reimbursable or nonreimbursable basis, and may use funds authorized to be appropriated for the purposes of subsection (b) for the costs of such activities. (f) Authority of Endowment.--In the performance of carrying out the purposes specified in subsection (b), the Endowment is authorized-- (1) to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of its operations and the exercise of the powers vested in it by law; (2) to appoint and fix the compensation of such officers and employees as may be necessary to carry out the purposes specified in subsection (b), in accordance with civil service laws; and (3) to appoint such advisory committees as may be appropriate for purposes of consultation and advice to the Endowment. (g) Gifts; Devises; Bequests.-- (1) In general.--Except as provided in subparagraph (2), the Endowment may accept, receive, solicit, hold, administer, and use any gifts, devises, or bequests, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein for the benefit of or in connection with the Nation's aeronautics and space endeavors to include those of NASA, its activities or its services, including a gift, devise, or bequest that is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Nation's aeronautics and space endeavors or NASA, its activities or its services. For purposes of this paragraph, an interest in real property includes easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. (2) Limitation.--The Endowment may not accept a gift, devise, or bequest which entails any expenditure other than from the resources of the Endowment. (3) Property of the united states.--Gifts and other transfers made to or for the use of the Endowment shall be regarded as contributions, gifts, or transfers to or for the use of the United States. (h) Powers of the Endowment.-- (1) Contract.--The Endowment, with the advice of NASA and other agencies as appropriate, shall have the power to enter into contracts or grants, to execute instruments, and generally to do any and all lawful acts necessary or appropriate consistent with the purposes of the Endowment specified in subsection (b). (2) Payment.--No payment shall be made under this section except upon application therefor which is submitted to the Endowment in accordance with regulations issued and procedures established by the Chairperson. Neither NASA nor any employee thereof is authorized to accept funds from the Endowment. (3) Coordination with nasa.--The Endowment may utilize the services and facilities of NASA, and such services and facilities may be made available on request to the extent practicable without reimbursement therefor. (i) Reporting.--Promptly at the end of each fiscal year, the Endowment shall transmit to Congress an annual report of its proceedings and activities, including a full and complete statement of its receipts, expenditures, and investments. SEC. 3. PRIZE AWARD PROGRAM TO ENCOURAGE DEVELOPMENT OF ADVANCED SPACE AND AERONAUTICAL TECHNOLOGIES. (a) Authority.--The Chairperson may carry out a program to award cash prizes in recognition of outstanding achievements in basic, advanced, and applied research, technology development, and prototype demonstration that have the potential for application to the performance of the space and aeronautical activities of the National Aeronautics and Space Administration. (b) Competition Requirements.--The Endowment shall-- (1) widely advertise prize competitions and use a competitive process for the selection of recipients of prizes under this section. (2) make a determination prior to the advertisement required under paragraph (1) if an individual prize might have benefits for private entities within the United States as well as NASA. (c) Registration.-- (1) In general.--The Endowment shall require potential recipients of prizes to register for any prize competition under the program established under this section, and, as part of the registration process, to assume any and all risks and waive claims against the United States Government and its related entities for any injury, death, damage, loss of property or revenue or profits, whether direct, indirect or consequential, arising from their participation in a competition, whether such injury, death, damage or loss arises through negligence or otherwise, except in the case of willful misconduct. (2) Related entity.--The term ``related entity'' includes a contractor or subcontractor at any tier, a supplier, user, customer, cooperating party, grantee, investigator or detailee. (d) Limitations.--The following limitations apply: (1) The total amount of cash prizes budgeted in a fiscal year may not exceed $150,000,000. (2) No prize competition may result in the award of more than $10,000,000 in cash prizes without the approval of the Chairperson or designee. (e) Availability of Funds.--Funds appropriated for the program authorized by this section shall remain available for 2 years. (f) Report.--The Chairperson shall transmit to the Committees on Appropriations and on Commerce, Science, and Transportation of the Senate and to the Committees on Appropriations and on Science of the House of Representatives a report on the administration of the program for that fiscal year. The report shall include-- (1) the space and aeronautics applications for which cash prizes were awarded; (2) the total amount of the cash prizes awarded; and (3) the methods used for solicitation and evaluation of submissions, together with an assessment of the effectiveness of those methods. SEC. 4. ORBITAL DEMONSTRATION PRIZE AUTHORITY. (a) In General.--The Endowment shall carry out a program to award a prize for the demonstration of a space flight vehicle to carry at least 1 person to a minimum altitude of 400 kilometers originating from within the United States or its territories, complete at least 3 complete orbits of the Earth, and return safely to the Earth. It is highly desirable for the space flight vehicle to demonstrate a high degree of reusability for future flights beyond the demonstration flight. (b) Additional Requirements.--In order to be eligible for the prize described in this section, the space flight vehicle-- (1) shall be built with the capacity to carry a minimum of 3 persons; (2) shall not have been substantially developed under a contract or grant from any foreign or domestic government; (3) may use a foreign or domestic space launch vehicle to launch the space flight vehicle to orbit; and (4) comply with, or obtain waivers for, all international, national, regional, or local laws or regulations which pertain to the activities described in this section. (c) Amount of Prize.--The total amount of cash prize for the program described in this section may not exceed $100,000,000. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.

Space and Aeronautics Prize Act - Establishes a National Endowment for Space and Aeronautics, to be headed by a Chairman appointed by the President, to: (1) further the public's knowledge of and inspiration by the Earth, the Earth's atmosphere, human and robotic spaceflight and science missions, and celestial bodies; (2) carry out a program to award cash prizes for outstanding achievements in basic, advanced, and applied research, technology development, and prototype demonstration in conjunction with or independent of the National Aeronautics and Space Administration (NASA); (3) carry out advertising of commercial products and services in conjunction with such endeavors; and (4) encourage private gifts for the benefit of such endeavors. Requires the Endowment annually to report to Congress. Authorizes the Chairman to carry out a program to award cash prizes for outstanding achievements in basic, advanced, and applied research, technology development, and prototype demonstration that have potential for application to the activities of NASA. Requires the Chairman annually to report to specified congressional committees on the administration of such program. Requires the Endowment to carry out a program to award a prize for the demonstration of a space flight vehicle to carry at least one person to a minimum altitude of 400 kilometers from within the United States or its territories, complete at least three Earth orbits, and return safely.

To provide for a prize program to encourage development of space and aeronautics technologies and establish an endowment to further educate and inspire the public's interest in space and aeronautics.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Extending Incentives for Exporting American Textiles Act of 2013''. SEC. 2. EXTENSION OF DUTY-FREE TREATMENT FOR CERTAIN TROUSERS, BREECHES, OR SHORTS IMPORTED FROM NICARAGUA. (a) Duty-Free Treatment.--Notwithstanding the termination of the tariff preference level program for imports of apparel articles from Nicaragua and subject to subsection (b), eligible apparel articles shall enter the United States free of duty if such eligible apparel articles are accompanied by an earned import allowance certificate for the amount of credits equal to the total square meter equivalents of fabric in such eligible apparel articles, in accordance with the program established under subsection (c). (b) Quantitative Limitation.-- (1) Initial limitation.--Subject to paragraphs (2) and (3), duty-free treatment under this section shall be extended for a covered calendar year to an initial limit of not more than 50,000,000 square meter equivalents of eligible apparel articles unless that amount is increased pursuant to paragraph (3) for such year. (2) Export success factor.--If during a covered calendar year duty-free treatment under this section is extended to 90 percent or more of the initial limit for such year prior to the end of such year, the President shall-- (A) extend such treatment to an additional amount of square meter equivalents of eligible apparel articles that is equal to 10 percent of the initial limit for such year; and (B) publish notice of the extension in the Federal Register. (3) Export success pattern.-- (A) Three year increase.--Subject to subparagraph (B), if the President takes the action described in paragraph (2) for a period of 3 consecutive covered calendar years, for subsequent covered calendar years the President shall-- (i) increase the initial limit for subsequent covered calendar years by an additional amount of square meter equivalents of eligible apparel articles that is equal to 10 percent of the initial limit for each covered calendar year of the previous 3-year period; and (ii) publish notice of such increase in the Federal Register. (B) Additional increases.--If the initial limit is increased under subparagraph (A) for a period of 3 consecutive covered calendar years, the initial limit for each such year-- (i) shall be increased under paragraph (2), if the requirements of such paragraph are met for such year; and (ii) may be eligible for an additional increase under subparagraph (A) no more frequently than once every 3 years. (c) Earned Import Allowance Program.-- (1) Matching requirement.--The aggregate square meter equivalents of eligible apparel articles of each producer or entity controlling production that may receive duty-free treatment under this section during a covered calendar year may not exceed the aggregate square meter equivalents of fabric wholly formed in the United States of yarns wholly formed in the United States that was previously exported from the United States by such producer or entity and for which the producer or entity has available credits in its account established under paragraph (3)(B). (2) Requirement for program.--The Secretary of Commerce shall establish a program to provide earned import allowance certificates to any producer or entity controlling production of eligible apparel articles for purposes of subsection (a), based on the elements described in paragraph (3). (3) Elements.--The elements described in this paragraph are the following: (A) Credits.--One credit shall be issued to a producer or an entity controlling production for every one square meter equivalent of fabric wholly formed in the United States from yarns wholly formed in the United States that such producer or entity demonstrates has been exported from the customs territory of the United States. (B) Accounts.--If requested by a producer or entity controlling production, the Secretary of Commerce shall create and maintain an account for such producer or entity into which credits issued under subparagraph (A) may be deposited. (C) Certificates.--A producer or entity controlling production may redeem credits issued under subparagraph (A) for earned import allowance certificates for such number of credits such producer or entity may request and has available. (D) Documentation.--The Secretary of Commerce may require that a producer or entity controlling production submit documentation to verify the export of fabric wholly formed in the United States of yarns wholly formed in the United States. (E) Verification.--The Secretary of Commerce may reconcile discrepancies in the information provided under subparagraph (D) and verify the accuracy of such information. (F) Electronic information.--The program shall be established so as to allow, to the extent feasible, the submission, storage, retrieval, and disclosure of information in electronic format, including information with respect to the earned import allowance certificates. (G) Schedule.--The Secretary of Commerce shall establish procedures to carry out the program under this subsection by October 1, 2014, and may establish additional requirements to carry out the program. (H) Penalties.--If an importer, producer, or entity controlling production enters into the customs territory of the United States eligible apparel articles for which there are insufficient earned credits, such importer, producer, or entity may be subject to a penalty equal to the value of such eligible apparel articles, in addition to existing penalties under section 592 of the Tariff Act of 1930 (19 U.S.C. 1592), as appropriate. (4) Determination of quantity of sme.--For purposes of determining the quantity of ``square meter equivalents'' under this section, the conversion factors listed in Correlation: U.S. Textile and Apparel Category System with the Harmonized Tariff Schedule of the United States of America, 2013, or successor publication of the Office of Textiles and Apparel of the Department of Commerce, shall apply. (d) Definitions.--In this section: (1) Covered calendar year.--The term ``covered calendar year'' means a calendar year during the 10-year period referred to in subsection (e). (2) Eligible apparel article.--The term ``eligible apparel article'' means woven trousers, breeches, or shorts that are apparel articles described in subdivisions (a) and (b) of U.S. Note 15 to subchapter XV of chapter 99 of the HTS imported from Nicaragua. (3) Enter; entry.--The terms ``enter'' and ``entry'' include a withdrawal from warehouse for consumption. (4) Entity controlling production.--The term ``entity controlling production'' means a person or other entity or group that is not a producer and that controls the production process in Nicaragua through a contractual relationship or other indirect means. (5) Fabric wholly formed in the united states of yarn wholly formed in the united states.--The term ``fabric wholly formed in the United States of yarn wholly formed in the United States'' means fabric-- (A) woven in the United States from fibers or from yarns, the constituent staple fibers of which are spun in the United States or the continuous filament of which is extruded in the United States; (B) for which any dyeing, printing, or finishing is performed in the United States; and (C) exported to Nicaragua on or after April 1, 2014. (6) HTS.--The term ``HTS'' means the Harmonized Tariff Schedule of the United States as in effect on the day before the date of the enactment of this Act. (7) Initial limit.--The term ``initial limit'' means the quantity of square meter equivalents of eligible apparel articles that may be extended duty-free treatment under this section on the first day of a calendar year. (8) Producer.--The term ``producer'' means a person or other entity or group that exercises direct, daily operational control over the production process in Nicaragua. (9) Tariff preference level program for imports of apparel articles from nicaragua.--The term ``tariff preference level program for imports of apparel articles from Nicaragua'' refers to the preferential tariff treatment for nonoriginating apparel goods of Nicaragua established pursuant to Article 3.28 of the Dominican Republic-Central America-United States Free Trade Agreement and the letters described in subparagraphs (A) and (B) of section 1634(a)(2) of the Miscellaneous Trade and Technical Corrections Act of 2006 (title XIV of Public Law 109- 280; 120 Stat. 1167). (e) Effective Period.--Duty-free treatment under this section shall be in effect for the 10-year period beginning on January 1, 2015.

Extending Incentives for Exporting American Textiles Act of 2013 - Extends duty-free treatment, subject to specified quantitative limitations, for certain imported Nicaraguan woven trousers, breeches, or shorts. Requires those articles to be accompanied by an earned import allowance certificate indicating the use of fabric and yarns wholly formed in the United States. Extends such duty-free treatment for 10 years beginning on January 1, 2015.

Extending Incentives for Exporting American Textiles Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Compliance Assistance Enhancement Act of 2004''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Small businesses represent 99.7 percent of all employers, employ half of all private sector employees, and pay 44.3 percent of total United States private payroll. (2) Small businesses generate 60 to 80 percent of net new jobs annually over the last decade. (3) Very small firms with fewer than 20 employees spend 60 percent more per employee than larger firms to comply with Federal regulations. Small firms spend twice as much on tax compliance as their larger counterparts. Based on an analysis in 2001, firms employing fewer than 20 employees face an annual regulatory burden of nearly $7,000 per employee, compared to a burden of almost $4,500 per employee for a firm with over 500 employees. (4) Section 212 of the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 601 note) requires agencies to produce small entity compliance guides for each rule or group of rules for which an agency is required to prepare a final regulatory flexibility analysis under section 604 of title 5, United States Code. (5) The Government Accountability Office has found that agencies have rarely attempted to comply with section 212 of the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 601 note). When agencies did try to comply with that requirement, they generally did not produce adequate compliance assistance materials. (6) The Government Accountability Office also found that section 212 of the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 601 note) and other sections of that Act need clarification to be effective. (b) Purposes.--The purposes of this Act are the following: (1) To clarify the requirement contained in section 212 of the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 601 note) for agencies to produce small entity compliance guides. (2) To clarify other terms relating to the requirement in section 212 of the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 601 note). (3) To ensure that agencies produce adequate and useful compliance assistance materials to help small businesses meet the obligations imposed by regulations affecting such small businesses, and thereby to increase compliance with these regulations. SEC. 3. ENHANCED COMPLIANCE ASSISTANCE FOR SMALL BUSINESSES. (a) In General.--Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) is amended by striking subsection (a) and inserting the following: ``(a) Compliance Guide.-- ``(1) In general.--For each rule for which an agency head does not make a certification under section 605(b) of title 5, United States Code, the agency shall publish 1 or more guides to assist small entities in complying with the rule, and shall entitle such publications `small entity compliance guides'. ``(2) Publication of guides.--The publication of each guide under this subsection shall include-- ``(A) the posting of the guide in an easily identified location on the website of the agency; and ``(B) distribution of the guide to known industry contacts, such as small entities, associations, or industry leaders affected by the rule. ``(3) Publication date.--An agency shall publish each guide (including the posting and distribution of the guide as described under paragraph (2))-- ``(A) on the same date as the date of publication of the final rule (or as soon as possible after that date); and ``(B) not later than the date on which the requirements of that rule become effective. ``(4) Compliance actions.-- ``(A) In general.--Each guide shall explain the actions a small entity is required to take to comply with a rule. ``(B) Explanation.--The explanation under subparagraph (A)-- ``(i) shall include a description of actions needed to meet requirements to enable a small entity to know when such requirements are met; and ``(ii) if determined appropriate by the agency, may include a description of possible procedures, such as conducting tests, that assist a small entity in meeting such requirements. ``(C) Procedures.--Procedures described under subparagraph (B)(ii)-- ``(i) shall be suggestions to assist small entities; and ``(ii) shall not be additional requirements relating to the rule. ``(5) Agency preparation of guides.--The agency shall, in its sole discretion, taking into account the subject matter of the rule and the language of relevant statutes, ensure that the guide is written using sufficiently plain language likely to be understood by affected small entities. Agencies may prepare separate guides covering groups or classes of similarly affected small entities, and may cooperate with associations of small entities to develop and distribute such guides. An agency may prepare guides and apply this section with respect to a rule or a group of related rules.''. (b) Technical and Conforming Amendment.--Section 211(3) of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) is amended by inserting ``and entitled'' after ``designated''.

Small Business Compliance Assistance Enhancement Act of 2004 - Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require an agency to prepare a compliance guide to assist small entities in complying with a Federal regulation whenever an agency determines that a Federal regulation will have a significant economic impact on a substantial number of small entities.

A bill to enhance compliance assistance for small business.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Beginning Farmers Agenda Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--IMPROVED ACCESS TO LAND Sec. 101. Land trust eligibility for assistance for agricultural land easements. Sec. 102. Priority for option to purchase at agricultural value in agricultural land easements. Sec. 103. Exclusion of gain from sale of farm or ranch to a qualified agricultural purchaser. Sec. 104. Prequalification of prospective applicants for credit from Farm Service Agency programs. Sec. 105. Increase in limitation on amount of direct farm ownership loans; inflation indexation of limit. Sec. 106. Minimum funding percentage for agricultural land easements and wetland reserve easements. Sec. 107. Report on agricultural conservation easement program. TITLE II--IMPROVED ACCESS TO DEPARTMENT OF AGRICULTURE TRAINING AND PROGRAMS Sec. 201. Beginning farmer coordination. Sec. 202. Transfer of Advisory Committee on Beginning Farmers and Ranchers to jurisdiction of Farm Service Agency. Sec. 203. Department of Agriculture on-line customer self-service portal. Sec. 204. Extension of beginning farmer and rancher development program to provide training, education, outreach, and technical assistance initiatives. Sec. 205. Mandatory funding for beginning farmer and rancher individual development accounts pilot program. Sec. 206. Sale of surplus farm equipment or property to socially disadvantaged farmers or ranchers, veteran farmers or ranchers, and beginning farmers or ranchers. TITLE III--INVESTMENT IN LOCAL AND REGIONAL FOOD SYSTEMS Sec. 301. Mandatory funding for farmers' market and local food promotion program. Sec. 302. Grants to support farm viability programs. TITLE I--IMPROVED ACCESS TO LAND SEC. 101. LAND TRUST ELIGIBILITY FOR ASSISTANCE FOR AGRICULTURAL LAND EASEMENTS. (a) Land Trusts.--Section 1265B of the Food Security Act of 1985 (16 U.S.C. 3865b) is amended by adding at the end the following: ``(e) Land Trusts.-- ``(1) Eligibility for assistance.--Notwithstanding section 1001D(b), an eligible entity that is a qualified land trust, as determined by the Secretary, may receive assistance under this section. ``(2) Assistance for reservation of easement.--The Secretary may provide assistance to an eligible entity that is a qualified land trust to supplement the sale price of eligible land to a farmer or rancher, who is not ineligible to receive assistance under section 1001D, if the eligible entity that is a qualified land trust reserves for itself an agricultural land easement in the eligible land.''. (b) Conforming Amendment.--Section 1001D(b)(1) of the Food Security Act of 1985 (7 U.S.C. 1308-3a(b)(1)) is amended by striking ``Notwithstanding'' and inserting ``Except as provided in section 1265B(e), notwithstanding''. SEC. 102. PRIORITY FOR OPTION TO PURCHASE AT AGRICULTURAL VALUE IN AGRICULTURAL LAND EASEMENTS. Section 1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(3)) is amended by adding at the end the following: ``(D) Priority.--In evaluating applications under the program, the Secretary may give priority to an application for the purchase of an agricultural land easement that maintains agricultural viability or includes, as a condition of the easement, a requirement that any subsequent purchase of the land subject to the easement shall be at agricultural value, as determined by the Secretary, or both.''. SEC. 103. EXCLUSION OF GAIN FROM SALE OF FARM OR RANCH TO A QUALIFIED AGRICULTURAL PURCHASER. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139E the following: ``SEC. 139F. GAIN FROM SALE OF FARM OR RANCH TO A QUALIFIED AGRICULTURAL PURCHASER. ``(a) In General.--In the case of an individual, gross income shall not include gain from the sale or exchange of property if-- ``(1) during the 3-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer in a farming business (as defined in section 263A(e)), ``(2) such property is acquired by a qualified agricultural purchaser, ``(3) immediately before such sale or exchange, the qualified agricultural purchaser does not own property that, in aggregate acreage, is greater than or equal to twice the average farm size in the county in which the property subject to the sale or exchange is located, and ``(4) in connection with such transfer there is in effect a restriction (granted in perpetuity) that such property be used in a farming business (as so defined). ``(b) Limitations.-- ``(1) In general.--The amount of gain excluded from gross income under subsection (a) with respect to any sale or exchange shall not exceed $250,000. ``(2) Special rule for joint returns.--In the case of a joint return for the taxable year of the sale or exchange of the property, paragraph (1) shall be applied by substituting `$500,000' for `$250,000' if-- ``(A) either spouse meets the ownership requirements of subsection (a) with respect to such property, and ``(B) both spouses meet the use requirements of subsection (a) with respect to such property. ``(c) Qualified Agricultural Purchaser.--For purposes of this section-- ``(1) In general.--The term `qualified agricultural purchaser' means an individual who is-- ``(A) a beginning farmer or rancher, ``(B) a socially disadvantaged farmer (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)), or ``(C) a veteran farmer or rancher (as defined in (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))). ``(2) Beginning farmer or rancher.--For purposes of this section-- ``(A) In general.--The term `beginning farmer or rancher' means an individual or entity who-- ``(i) has not operated a farm or ranch, or who has operated a farm or ranch for not more than 10 consecutive years, and ``(ii) will materially and substantially participate in the operation of the farm or ranch. ``(B) Material and substantial participation.--For purposes of subparagraph (A), material and substantial participation means-- ``(i) in the case of an individual, that the individual provides substantial day-to-day labor and management of the farm or ranch, consistent with the practices in the county or State where the farm is located, and ``(ii) in the case of an entity, that all shareholders, holders of a capital or profits interest in the case of a partnership, or holders of a beneficial interest in the case of a trust or cooperative provide some amount of the management or labor necessary for day-to- day activities such that if each of the members did not provide these inputs, operation of the farm or ranch would be seriously impaired. ``(d) Applicable Rules.--For purposes of this section, rules similar to the rules of paragraphs (2), (3), and (6) of section 121(d) shall apply.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139E the following new item: ``Sec. 139F. Gain from sale of farm or ranch to a qualified agricultural purchaser.''. (c) Effective Date.--The amendments made by this section shall apply to sales and exchanges on or after the date of the enactment of this Act, in taxable years ending after such date. SEC. 104. PREQUALIFICATION OF PROSPECTIVE APPLICANTS FOR CREDIT FROM FARM SERVICE AGENCY PROGRAMS. Not later than October 1, 2016, the Secretary of Agriculture shall develop and implement procedures to ensure that the Farm Service Agency is prepared, in advance, to respond to a request by a prospective loan applicant (other than a request for preapproval) for a preliminary determination on-- (1) whether the prospective applicant would likely qualify for credit under any program administered by the Farm Service Agency; or (2) the amount of credit for which the prospective applicant would likely qualify under any such program. SEC. 105. INCREASE IN LIMITATION ON AMOUNT OF DIRECT FARM OWNERSHIP LOANS; INFLATION INDEXATION OF LIMIT. Section 305 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1925) is amended by striking ``$300,000'' and inserting ``$500,000 (increased, beginning with fiscal year 2017, by the inflation percentage applicable to the fiscal year in which the loan is made, and reduced by the amount of any unpaid indebtedness of the borrower on direct loans under subtitle B)''. SEC. 106. MINIMUM FUNDING PERCENTAGE FOR AGRICULTURAL LAND EASEMENTS AND WETLAND RESERVE EASEMENTS. Section 1265D of the Food Security Act of 1985 (16 U.S.C. 3865d) is amended by adding at the end the following: ``(f) Minimum Percentages.--The Secretary shall ensure that, of funds made available to carry out this subtitle, not less than 40 percent are used to carry out each of sections 1265B and 1265C.''. SEC. 107. REPORT ON AGRICULTURAL CONSERVATION EASEMENT PROGRAM. Not later than 180 days after the date of the enactment of this Act, the Chief of the Natural Resources Conservation Service shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes an evaluation of the extent in which the agricultural conservation easement program established under section 1265(a) of the Food Security Act of 1985 (16 U.S.C. 3865(a)) supports beginning farmers or ranchers (as defined in section 206(b)) in purchasing land. TITLE II--IMPROVED ACCESS TO DEPARTMENT OF AGRICULTURE TRAINING AND PROGRAMS SEC. 201. BEGINNING FARMER COORDINATION. (a) Program Established.--Not later than 1 year after the date of the enactment of this Act, the Secretary, acting through the Administrator of the Farm Service Agency, shall implement a program to assign to each State at least one coordinator to-- (1) promote communication between the Department of Agriculture and beginning farmers or ranchers (as defined in section 206(b)) located in such State; and (2) increase the access of such beginning farmers or ranchers to apprenticeship programs, farm loan programs, and land available for purchase. (b) State Defined.--In this section, the term ``State'' means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. SEC. 202. TRANSFER OF ADVISORY COMMITTEE ON BEGINNING FARMERS AND RANCHERS TO JURISDICTION OF FARM SERVICE AGENCY. The Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et seq.) is amended-- (1) in section 226B(e)(2) (7 U.S.C. 6934)-- (A) by striking subparagraph (C); and (B) by redesignating subparagraph (D) as subparagraph (C); and (2) in section 226 (7 U.S.C. 6932), by adding at the end the following new subsection: ``(i) Advisory Committee on Beginning Farmers and Ranchers.--The Administrator of the Farm Service Agency shall coordinate the activities of the Farm Service Agency with the Advisory Committee on Beginning Farmers and Ranchers established under section 5(b) of the Agricultural Credit Improvement Act of 1992 (7 U.S.C. 1929 note; Public Law 102-554).''. SEC. 203. DEPARTMENT OF AGRICULTURE ON-LINE CUSTOMER SELF-SERVICE PORTAL. (a) Customer Self-Service Portal.--The Secretary of Agriculture shall develop an on-line customer self-service portal through which farmers and ranchers will be able to securely access their customer and program information and complete program applications in a wide range of agricultural programs offered by the Department of Agriculture. (b) Sense of Congress.--It is the sense of Congress that the development of an on-line customer self-service portal, as required by subsection (a), should not negatively impact the many farmers and ranchers who do not yet have access to high-speed internet or who would prefer not to utilize the online self-service portal. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture to carry out subsection (a) $6,000,000 for the three-fiscal year period beginning on October 1, 2016. SEC. 204. EXTENSION OF BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM TO PROVIDE TRAINING, EDUCATION, OUTREACH, AND TECHNICAL ASSISTANCE INITIATIVES. Section 7405(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f(h)) is amended-- (1) by striking ``2018'' both places it appears and inserting ``2021''; (2) in the heading for paragraph (1), by striking ``2018'' and inserting ``2021''; and (3) in the heading for paragraph (2), by striking ``2018'' and inserting ``2021''. SEC. 205. MANDATORY FUNDING FOR BEGINNING FARMER AND RANCHER INDIVIDUAL DEVELOPMENT ACCOUNTS PILOT PROGRAM. Section 333B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b) is amended-- (1) in subsection (h), by striking ``2018'' and inserting ``2016''; and (2) by adding at the end the following new subsection: ``(i) Mandatory Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $5,000,000 for fiscal year 2017 and each fiscal year thereafter.''. SEC. 206. SALE OF SURPLUS FARM EQUIPMENT OR PROPERTY TO SOCIALLY DISADVANTAGED FARMERS OR RANCHERS, VETERAN FARMERS OR RANCHERS, AND BEGINNING FARMERS OR RANCHERS. (a) Sale Authorized.--The Administrator of General Services, under regulations prescribed by the Administrator, may sell to a socially disadvantaged farmer or rancher, veteran farmer or rancher, or beginning farmer or rancher any farm equipment acquired by the General Services Administration that-- (1) is suitable for use in farming operations; and (2) has been determined to be surplus property under chapter 5 of title 40, United States Code. (b) Definitions.--In this section: (1) Beginning farmer or rancher.--The term ``beginning farmer or rancher'' means an individual or entity that has not operated a farm or ranch or that has operated a farm or ranch for not more than 10 consecutive years and that will materially and substantially participate in the operation of the farm or ranch. In the case of an entity, these requirements apply to all members of the entity. (2) Food, agriculture, conservation, and trade act of 1990 terms.--The terms ``socially disadvantaged farmer or rancher'' and ``veteran farmer or rancher'' have the meanings given those terms in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)). TITLE III--INVESTMENT IN LOCAL AND REGIONAL FOOD SYSTEMS SEC. 301. MANDATORY FUNDING FOR FARMERS' MARKET AND LOCAL FOOD PROMOTION PROGRAM. Section 6(g)(1) of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005(g)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) in subparagraph (D), by striking ``2018.'' and inserting ``2016; and''; and (3) by adding at the end the following new subparagraph: ``(E) $40,000,000 for each of fiscal years 2017 through 2021.''. SEC. 302. GRANTS TO SUPPORT FARM VIABILITY PROGRAMS. (a) Grants Authorized.--The Secretary of Agriculture may make competitive grants to support a farm viability program developed by a public or private entity that is designed-- (1) to improve the economic viability and environmental integrity of farms participating in the program through the development and implementation of a farm viability plans; and (2) to provide participating farmers with environmental, technical, and business planning assistance to expand, upgrade, and modernize their agricultural operations and assist in land access and transfer. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture to make grants under this section such sums as are necessary for each of fiscal years 2017 through 2021.

Beginning Farmers Agenda Act of 2016 This bill amends various agricultural laws to modify and establish programs to assist beginning farmers. The bill makes land trusts eligible for certain assistance under the Department of Agriculture (USDA) Agricultural Conservation Easement Program. In administering the program, USDA may prioritize an application for purchasing an easement that maintains agricultural viability, requires subsequent purchases to be at agricultural value, or both. The bill amends the Internal Revenue Code to exclude from gross income up to $250,000 in gains from the sale or exchange of certain agricultural property to a beginning, socially disadvantaged, or veteran farmer or rancher, subject to specified conditions. The bill modifies several agricultural programs to: require the Farm Service Agency (FSA) to prequalify loan applicants, increase and index for inflation the limit on the amount of USDA farm ownership loans per borrower, establish minimum funding requirements for agriculture land easements and wetland reserve easements, transfer jurisdiction of the Advisory Committee on Beginning Farmers and Ranchers to the FSA, establish an online customer self-service portal, reauthorize the Beginning Farmer and Rancher Development Program, and authorize grants for farm viability programs. The FSA must assign state coordinators to promote communication with beginning farmers or ranchers and increase their access to USDA programs. The General Services Administration may sell surplus farm equipment or property to socially disadvantaged, veteran, or beginning farmers and ranchers. The bill provides funding for: (1) the Beginning Farmer and Rancher Individual Development Accounts Pilot Program, and (2) the Farmers Market and Local Food Promotion Program.

Beginning Farmers Agenda Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Growth Opportunity Act of 2007''. SEC. 2. GRANTS FOR STATES TO ESTABLISH REVOLVING LOAN FUNDS TO PROVIDE LOANS TO SMALL MANUFACTURERS. (a) Definitions.--In this section: (1) Center.--The term ``Center'' means a Regional Center for the Transfer of Manufacturing Technology described in section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k). (2) Manufacturing extension partnership program.--The term ``Manufacturing Extension Partnership program'' means the program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l). (3) Revolving loan fund.--The term ``revolving loan fund'' means a revolving loan fund described in subsection (d). (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (5) Small manufacturer.--The term ``small manufacturer'' means a manufacturer with less than $50,000,000 in annual sales. (b) Grants Authorized.-- (1) In general.--The Secretary is authorized to award grants to States to establish revolving loan funds. (2) Maximum amount.--The Secretary may not award a grant under this section in an amount that exceeds $10,000,000. (3) Multiple grant awards.--A State may not receive more than 1 grant under this section in any fiscal year. (c) Criteria for the Awarding of Grants.-- (1) Matching funds.--The Secretary may not make a grant to a State under this section unless the State agrees to provide contributions in an amount equal to not less than 25 percent of the Federal funds provided under the grant. (2) Administrative costs.--A State receiving a grant under this section may only use such amount of the grant for the costs of administering the revolving loan fund as the Secretary shall provide in regulations. (3) Preference.--In awarding grants each year, the Secretary shall give preference to States that have not previously been awarded a grant under this section. (4) Application.-- (A) In general.--Each State seeking a grant under this section shall submit to the Secretary an application therefor in such form and in such manner as the Secretary considers appropriate. (B) Content.--Each application submitted under subparagraph (A) shall contain the following: (i) Evidence that the applicant can establish and administer a revolving loan fund. (ii) The applicant's need for a grant under this section. (iii) The impact that receipt of a grant under this section would have on the applicant. (d) Revolving Loan Funds.-- (1) In general.--A State receiving a grant under this section shall establish, maintain, and administer a revolving loan fund in accordance with this subsection. (2) Deposits.--A revolving loan fund shall consist of the following: (A) Amounts from grants awarded under this section. (B) All amounts held or received by the State incident to the provision of loans described in subsection (e), including all collections of principal and interest. (3) Expenditures.--Amounts in the revolving loan fund shall be available for the provision and administration of loans in accordance with subsection (e). (4) Administration.--A State may enter into an agreement with a Center to administer a revolving loan fund. (e) Loans.-- (1) In general.--A State receiving a grant under this section shall use the amount in the revolving loan fund to make the following loans: (A) Stage-1 loans.--A stage-1 loan means a loan made to a small manufacturer in an amount not to exceed $50,000, for new product development to conduct the following: (i) Patent research. (ii) Market research. (iii) Technical feasibility testing. (iv) Competitive analysis. (B) Stage-2 loans.--A stage-2 loan means a loan made to a small manufacturer in an amount not to exceed $100,000 to develop a prototype of and test a new product. (2) Loan terms and conditions.--The following shall apply with respect to loans provided under paragraph (1): (A) Duration.--Except as provided in subparagraph (B), loans shall be for a period not to exceed 10 years. (B) Prepayment.--A recipient of a loan may prepay such loan before the end of the duration of such loan without penalty. (C) Interest rate.--Loans shall bear interest at a rate of 3.5 percent annually. (D) Accrual of interest.--Loans shall accrue interest during the entire duration of the loan. (E) Payment of interest.--A State may not require a recipient of a loan to make interest payments on such loan during the first 3 years of such loan. (F) Collateral.--No collateral or personal guaranty shall be required for receipt of a loan. (G) Secured interest in intellectual property.-- Each loan shall be secured by an interest in any intellectual property developed by the recipient of such loan through the use of amounts from such loan. (H) Development of business plans and budgets.-- Each recipient of a loan shall develop, in cooperation with a Center, a business plan and a budget for the use of loan amounts. (I) Preference for loan applicants that participate in the manufacturing extension partnership program.--In selecting small manufacturers to receive a loan, a recipient of a grant under this section shall give preference to small manufacturers that are participants in the Manufacturing Extension Partnership program. (J) Location of product development.--Each recipient of a loan shall commit to developing and manufacturing the product for which a loan is sought in the State that provides the loan for the duration of the loan if such product is developed during such duration. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out the provisions of this section, $52,000,000 for each of fiscal years 2008 through 2014, of which-- (1) $50,000,000 shall be for providing grants under this section; and (2) $2,000,000 shall be for the costs of administering grants awarded under this section.

Growth Opportunity Act of 2007 - Authorizes the Secretary of Commerce to award grants to states to establish revolving loan funds to provide loans to small manufacturers (less than $50 million in annual sales) for new product development. Limits grants to $10 million each and requires states to contribute at least 25% of the grant funds provided.

A bill to authorize the Secretary of Commerce to award grants to States to establish revolving loan funds to provide loans to small manufacturers to develop new products, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employees' Pension Equity Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Some large companies are setting aside millions of dollars to protect pensions of highly compensated executives at the same time as they forgo contributions to financially strained and underfunded pension plans for non-executive workers. Underfunding of pension plans for non-executives has been increasing. (2) There are a variety of pension-type ``supplemental executive retirement plans'' for highly compensated executives, including: unfunded executive pension plans; executive plan ``rabbi trusts,'' which are not taxable when established but are subject to creditors' claims; executive plan ``secular trusts,'' where company contributions are taxable but not subject to creditors' claims; and, corporate-owned, trust- owned, or split-dollar life insurance. (3) It is difficult to compare the funding levels of regular pension plans and executive pensions. Under current law, companies must disclose pension assets and liabilities, company contributions, and other details of employee pension plans in their annual reports. But, for executive pensions, companies are only required by the Securities and Exchange Commission to disclose the existence of trusts they establish for their Chief Executive Officer and their four other highest- paid executive officers, and not the amount of money in them or other details. SEC. 3. EQUITABLE FUNDING REQUIREMENT FOR EMPLOYERS MAINTAINING AN EXECUTIVE PENSION PLAN. Section 302 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1082) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: ``(h) Equitable Funding Requirement for Employers Maintaining an Executive Pension Plan.-- ``(1) Definitions.--For purposes of this subsection-- ``(A) Executive pension plan.--The term `executive pension plan' means, with respect to an employer, any pension plan maintained by such employer primarily for the purpose of providing for the deferral of compensation of one or more highly compensated employees of such employer. ``(B) Non-executive pension plan.--The term `non- executive pension plan' means, with respect to an employer, a pension plan maintained by such employer other than an executive pension plan maintained by such employer. ``(C) Highly compensated employee.--The term `highly compensated employee' has the meaning provided such term in section 414(q) of the Internal Revenue Code of 1986. ``(D) Funded current liability percentage.--The term `funded current liability percentage' has the meaning provided such term in subsection (d)(8)(B). ``(2) Requirement.--In any case in which-- ``(A) an employer maintains a non-executive pension plan to which this part applies, and ``(B) the employer also maintains an executive pension plan for any plan year ending with or during a plan year of such non-executive pension plan, the employer shall meet the equitable funding requirement of this subsection for such plan year of such non-executive pension plan. ``(3) Equitable funding requirement.--The equitable funding requirement of this subsection is met by an employer for a plan year if-- ``(A) the excess executive plan funding percentage of the employer for such plan year is not more than 5 percent, or ``(B) the employer has applied to the plan the additional contributions necessary to correct such excess executive funding percentage by a reduction of not less than 5 percentage points. ``(4) Excess executive plan funding percentage.--For purposes of this subsection, the excess executive plan funding percentage of an employer for a plan year of a non-executive pension plan is the difference between-- ``(A) the funded current liability percentage of the executive pension plan maintained by the employer with respect to the plan year of such executive pension plan ending with or during such plan year of such non- executive pension plan, and ``(B) the funded current liability percentage of the non-executive pension plan maintained by the employer with respect to such plan year of such non- executive pension plan. ``(5) Treatment of 2 or more executive pension plans.--In any case in which an employer maintains 2 or more executive pension plans for plan years ending with or during a plan year of a non-executive plan maintained by such employer, the reference in paragraph (4)(A) to the funded current liability percentage of an executive pension plan shall be deemed a reference to the average of the funded current liability percentages for such plan years of such executive pension plans maintained by such employer. ''. SEC. 4. EFFECTIVE DATE. The amendment made by this Act shall apply with respect to plan years (of non-executive pension plans) beginning after the date of the enactment of this Act.

Employees' Pension Equity Act of 2003 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the funding of all other employees' non-executive pension plans to be within a certain range in relation to the funding for executive pension plans for highly compensated employees, if both types of pension plans are maintained by the same employer. Sets a five-percent limit on the excess executive plan funding percentage for a plan year (by prohibiting the funded current liability percentage for the executive plan from exceeding that for the non-executive plan by more than five percent).

To amend title I of the Employee Retirement Income Security Act of 1974 to require equitable funding of pension plans maintained by corporations which also maintain executive pension plans.

SECTION 1. KOREA VISA WAIVER PILOT PROGRAM. (a) Congressional Findings.--The Congress finds that-- (1) travel and tourism play a major role in reducing the United States unfavorable balance of trade; (2) the characteristics of the Korean travel market do not permit long-term planning for longer trips; (3) applications for United States visas cannot now be processed in a reasonable period of time; (4) the Secretary of State has attempted to solve the problem by adding additional staff to the consular section at the United States Embassy in Seoul; (5) unfortunately, these additions have not resulted in any discernable improvement in reducing visa processing delays; (6) further, it is unlikely, given the current fiscal environment, to expect funding to be available for further staff additions in sufficient numbers to effect any significant improvement in the time required to process visa applications; (7) most of the nations of the South Pacific, Europe, and Canada do not currently require Koreans entering their countries to have a visa, thus providing them with a serious competitive advantage in the tourism industry; (8) the United States territory of Guam has been permitted by the United States Government to eliminate visa requirements for Koreans visiting Guam, with resultant impressive increases in travel and tourism from citizens of the Republic of Korea; (9) any application under existing procedures to add the Republic of Korea, or any other nation to the group of favored nations exempted from United States visa regulations, would require many years during which time the United States could well lose its competitive advantages in attracting travel and tourism from the Republic of Korea; (10) the Republic of Korea, as a gesture of goodwill, has already unilaterally exempted United States tourists who seek to enter the Republic of Korea from the requirement of obtaining a visa; and (11) growth in Korean travel to the United States has not kept pace with growth in travel to non-United States destinations, and cumbersome and time-consuming visa processing procedures are widely recognized as the cause of this loss of market share and competitiveness with alternative destinations. (b) Pilot Program.--The Secretary of State and the Attorney General jointly shall establish a pilot project (in this section referred to as the ``pilot program'') within six months of the date of the enactment of this Act under which the requirement of paragraph (7)(B)(i)(II) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)(B)(i)(II)) is waived during the pilot program period in the case of any alien who meets the following requirements: (1) National of pilot program country.--The alien is a national of, and presents a passport issued by, the Republic of Korea. The Republic of Korea is urged to provide machine readable passports to its citizens in the near future. (2) Seeking entry as tourist.--The alien is applying for admission to the United States during the pilot program period as a nonimmigrant visitor for pleasure (as described in section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(B))), as part of a group tour to the United States. (3) Period of stay.--The alien seeks to stay in the United States for a period of not more than 15 days. (4) Executes immigration forms.--The alien before the time of such admission completes such immigration form as the Attorney General shall establish. (5) Entry into the united states.--If arriving by sea or air, the alien arrives at the port of entry into the United States on a carrier which has entered into an agreement with the Immigration and Naturalization Service to guarantee transport of the alien out of the United States if the alien is found inadmissible or deportable by an immigration officer. (6) Not a safety threat.--The alien has been determined not to represent a threat to the welfare, health, safety, or security of the United States. (7) No previous violation.--If the alien previously was admitted without a visa under this section, the alien must not have failed to comply with the conditions of any previous admission as such a nonimmigrant. (8) Round-trip ticket.--The alien is in possession of a round-trip transportation ticket (unless this requirement is waived by the Attorney General under regulations). (c) Waiver of Rights.--An alien may not be provided a waiver under the pilot program unless the alien has waived any right-- (1) to review or appeal under this Act of an immigration officer's determination as to the admissibility of the alien at the port of entry into the United States, or (2) to contest, other than on the basis of an application for asylum, any action for deportation against the alien. (d) Termination of Authority.--Notwithstanding any other provision of this section, the Attorney General and the Secretary of State, acting jointly, may terminate the pilot program under this section on or after a date which is one year after the date of the establishment of the pilot program if-- (1) during the preceding fiscal year, the overstay rate for nationals of the Republic of Korea entering the United States under the pilot program exceeds the overstay rate of such nationals entering the United States with valid visas; and (2) the Attorney General and the Secretary of State have jointly determined that the pilot program is leading to a significant increase in the number of overstays by such nationals. (e) Special Bond and Notification Requirements for Tour Operators.-- (1) In general.--Nationals of the Republic of Korea may not enter the United States under the terms of this section unless they are accompanied for the duration of their authorized admission period by a tour operator who has fulfilled the following requirements: (A) The tour operator has posted a bond of $200,000 with the Secretary of State. (B) The Secretary of State, under such regulations as the Secretary may prescribe, has approved an application by the tour operator to escort tour groups to the United States. (C) The tour operator provides the name, address, birthdate, passport number, and citizenship of all prospective tour group members to the Secretary of State no less than one business day prior to the departure date of the group, under such regulations as he may prescribe, in order to determine that the prospective travelers do not represent a threat to the welfare, health, safety, and security of the United States. (D) The tour operator excludes from the tour group any person whom the Secretary of State denies permission to travel to the United States. (E) The tour operator provides written certification or other such evidence prescribed by the Secretary of State and Attorney General which documents the return to Korea of each tour group member. (2) Forfeiture of bonds.--Bonds posted in accordance with this subsection shall be forfeited in whole or in part and a tour operator's authorization to escort tours to the United States may be suspended or revoked if the Secretary of State finds that the tour operator-- (A) has failed to disclose a material fact in connection with the application required under paragraph (1)(B); (B) fails to comply with the advance notification and refusal requirements of paragraphs (1)(C) and (1)(D); (C) has failed to take adequate steps to ensure that visitors who are being escorted to the United States under the terms of an approved application return to their country of residence; or (D) is found at any time to have committed a felony or any offense under the immigration laws of the United States. (f) Participation by Tour Agents.--The Secretary of State shall periodically review the overstay rate of nationals of the Republic of Korea that corresponds to each tour agent participating in the program under this section. The Secretary may terminate the participation in the program of any tour agent if the Secretary determines that the corresponding overstay rate is excessive. (g) Definitions.--For purposes of this section-- (1) Group tour.--The term ``group tour'' means travelers who take advantage of group-purchased hotel or airfare packages, as guided, supervised, and arranged by a tour agent in the Republic of Korea approved or licensed by the Department of State. (2) Overstay rate.--The term ``overstay rate'' means, during a specified period of time, the proportion that the number of aliens remaining in the United States after the expiration of their visas bears to the total number of aliens entering the United States during that period of time. (3) Pilot program period.--The term ``pilot program period'' means the three-year period immediately following the establishment of the pilot program.

Directs the Secretary of State and the Attorney General to jointly establish a visa waiver pilot program for Korean nationals traveling in tour groups to the United States. Specifies requirements for such waiver.

To establish a visa waiver pilot program for nationals of Korea who are traveling in tour groups to the United States.

SECTION 1. SHORT TITLE. The Act may be cited as the ``Relief for Educators To Adjust if Necessary Act'' or the ``RETAIN Act''. SEC. 2. FLEXIBILITY TO USE FEDERAL FUNDS. (a) In General.--Subpart 2 of part A of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7305 et seq.) is amended to read as follows: ``Subpart 2--Funding Flexibility for States and High-Need Local Educational Agencies ``SEC. 6121. SHORT TITLE. ``This subpart may be cited as the `State and Local Funding Flexibility Act'. ``SEC. 6122. PURPOSE. ``The purpose of this subpart is to allow States and high-need local educational agencies the flexibility to-- ``(1) design flexible programs that use Federal funds to support student achievement for all students, including students most at risk of failing to meet the State's academic achievement standards; and ``(2) extend and enhance the funding flexibility provided to rural local educational agencies under section 6211 to all State educational agencies and local educational agencies by providing such agencies flexibility in using Federal formula funds received to prevent the layoff or termination of teachers or other staff. ``SEC. 6123. FLEXIBILITY TO USE FEDERAL FUNDS. ``(a) Alternative Uses of Federal Funds for State Educational Agencies.-- ``(1) In general.--Subject to subsections (c) and (d) and notwithstanding any other provision of law, a State educational agency may use the applicable funding that the agency receives for a fiscal year to provide funds to high-need local educational agencies under the jurisdiction of the State educational agency to prevent the layoff or termination of teachers or other staff in such local educational agencies. ``(2) Notification.--Not later than June 1 of each year, a State educational agency shall notify the Secretary of the State educational agency's intention to use the applicable funding for the alternative uses under paragraph (1). ``(3) Applicable funding defined.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `applicable funding' means funds provided to carry out State activities under one or more of the following provisions: ``(i) Section 1003(g)(2). ``(ii) Section 1004. ``(iii) Subpart I of Part B of title I. ``(iv) Part C of title I. ``(v) Part D of title I. ``(vi) Part A of title II. ``(vii) Part B of title II. ``(viii) Part A of title III. ``(ix) Part B of title IV. ``(x) Part A of title V. ``(xi) Title I of Public Law 111-226. ``(B) Limitation.--In this subsection, the term `applicable funding' does not include funds provided under any of the provisions listed in subparagraph (A) that State educational agencies are required by this Act-- ``(i) to reserve, allocate, or spend for required activities; ``(ii) to allot or award to local educational agencies or other entities eligible to receive such funds; or ``(iii) to use for technical assistance or monitoring. ``(4) Disbursement.--The Secretary shall disburse the applicable funding to State educational agencies for alternative uses under paragraph (1) for a fiscal year at the same time as the Secretary disburses the applicable funding to State educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. ``(b) Alternative Uses of Federal Funds for High-Need Local Educational Agencies.-- ``(1) In general.--Subject to subsections (c) and (d) and notwithstanding any other provision of law, a high-need local educational agency may use the applicable funding that the agency receives for a fiscal year to prevent the layoff or termination of teachers or other staff in the agency. ``(2) Notification.--A high-local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding for the alternative uses under paragraph (1) by a date that is established by the State educational agency for the notification. ``(3) Applicable funding defined.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `applicable funding' means funds provided to carry out local activities under one or more of the following provisions: ``(i) Part A of title I. ``(ii) Part C of title I. ``(iii) Part D of title I. ``(iv) Part A of title II. ``(v) Part A of title III. ``(vi) Part A of title V. ``(vii) Part A of title VII. ``(viii) Title I of Public Law 111-226. ``(B) Limitation.--In this subsection, the term `applicable funding' does not include funds provided under any of the provisions listed in subparagraph (A) that high-need local educational agencies are required by this Act-- ``(i) to reserve, allocate, or spend for required activities; ``(ii) to allot or award to entities eligible to receive such funds; or ``(iii) to use for technical assistance or monitoring. ``(4) Disbursement.--Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under paragraph (1) for the fiscal year at the same time as the State educational agency disburses the applicable funding to high-need local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. ``(c) Rule for Administrative Costs.--A State educational agency or a high-need local educational agency may only use applicable funding (as defined in subsection (a)(3) or (b)(3), respectively) for administrative costs incurred in carrying out a provision listed in subsection (a)(1) or (b)(1), respectively, to the extent that the agency, in the absence of this section, could have used funds for administrative costs with respect to a program listed in subsection (a)(3) or (b)(3), respectively. ``(d) Rule of Construction.--Nothing in this section shall be construed to relieve a State educational agency or local educational agency of any requirements relating to-- ``(1) maintenance of effort; ``(2) use of Federal funds to supplement, not supplant, non-Federal funds; ``(3) comparability of services; ``(4) equitable participation of private school students and teachers; ``(5) applicable civil rights requirements; ``(6) the selection of school attendance areas or schools under subsections (a) and (b), and allocations to such areas or schools under subsection (c), of section 1113; ``(7) section 1111; ``(8) section 1116; or ``(9) section 3122. ``(e) Definitions.--For purposes of this subpart: ``(1) High-need local educational agency.--The term `high- need local educational agency' means a local educational agency-- ``(A)(i) that serves not fewer than 10,000 children from families with incomes below the poverty line; ``(ii) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; or ``(iii) which has a teacher-to-student ratio of 1:25; and ``(B)(i) for which there is a high percentage of teachers not teaching in the academic subjects or grade levels that the teachers were trained to teach; or ``(ii) for which there is a high percentage of teachers with emergency, provisional, or temporary certification or licensing. ``(2) Other staff.--The term `other staff' does not include administrators or administrative personnel.''. (b) Conforming Amendment.--The table of contents of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by striking the items relating to subpart 2 of part A of title VI and inserting the following: ``Subpart 2--Funding Flexibility for State and Local Educational Agencies ``Sec. 6121. Short title. ``Sec. 6122. Purpose. ``Sec. 6123. Flexibility to use Federal funds.''.

Relief for Educators To Adjust if Necessary Act or RETAIN Act - Amends part A of title IV (Flexibility and Accountability) of the Elementary and Secondary Education Act of 1965 (ESEA) to replace the existing program under subpart 2 with a new Funding Flexibility for States and High-Need Local Educational Agencies program. Allows states to use funds that they receive under certain ESEA and Education Jobs Fund programs to provide funds to their high-need local educational agencies (LEAs) to prevent the layoff or termination of teachers or other staff in such LEAs. Lists the programs from which states may use funds to prevent such layoffs or terminations as: school improvement programs, under part A of title I; the Reading First program, under subpart 1 of part B of title I; the Education of Migratory Children program, under part C of title I; Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk, under part D of title I; the Teacher and Principal Training and Recruiting Fund program, under part A of title II; the Mathematics and Science Partnerships program, under part B of title II; the English Language Acquisition, Language Enhancement, and Academic Achievement Act program, under part A of title III; the 21st Century Community Learning Centers program, under part B of title IV; Innovative programs, under part A of title V of the ESEA; and Education Jobs Fund programs. Allows high-need LEAs to use funds that they receive under certain ESEA and Education Jobs Fund programs to prevent the layoff or termination of teachers or other staff in such LEAs. Lists the programs from which high-need LEAs may use funds to prevent such layoffs or terminations as: school improvement programs, under part A of title I; the Education of Migratory Children program, under part C of title I; Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk, under part D of title I; the Teacher and Principal Training and Recruiting Fund program, under part A of title II; the English Language Acquisition, Language Enhancement, and Academic Achievement Act program, under part A of title III; Innovative programs, under part A of title V; Indian Education programs, under part A of title VII of the ESEA; and Education Jobs Fund programs. Prohibits states and high-need LEAs from transferring the funds to such programs if the ESEA requires them to: (1) reserve, allocate, or spend the funds for required activities; (2) provide them to eligible entities; or (3) use them for technical assistance or monitoring.

To amend the Elementary and Secondary Education Act of 1965 to provide States and high-need local educational agencies with flexibility in using Federal funds provided under such Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficient Manufactured Housing Act of 2009''. SEC. 2. FINDINGS. The Congress finds the following: (1) There are more than 2,000,000,000 manufactured homes constructed prior to 1976 still occupied as permanent residences throughout the United States. (2) Manufactured homes constructed prior to 1976 generally have very poor energy efficiency, as such homes pre-date any Federal energy efficiency standards for manufactured homes. (3) Replacing manufactured homes constructed prior to 1976 with new Energy Star qualified manufactured homes will dramatically lower energy consumption and costs for residents of such homes, most of whom are in low-income households. SEC. 3. ENERGY EFFICIENT MANUFACTURED HOMES. (a) Definitions.--In this section: (1) Manufactured home.--The term ``manufactured home'' has the meaning given such term in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402). (2) Energy star qualified manufactured home.--The term ``Energy Star qualified manufactured home'' means a manufactured home that has been designed, produced, and installed in accordance with Energy Star's guidelines by an Energy Star certified plant. (b) Purpose.--The purpose of this section is to assist low-income households residing in manufactured homes constructed prior to 1976 to save energy and energy expenditures by providing support toward the purchase of new Energy Star qualified manufactured homes. (c) Grants to State Agencies.-- (1) Grants.--The Secretary of Energy may make grants to State agencies responsible for developing State energy conservation plans under section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322) (or such other existing State agency that exercises similar functions as the Governor of a State may designate), to provide owners of manufactured homes constructed prior to 1976 rebates to use toward purchases of new Energy Star qualified manufactured homes. (2) Allocation of grants.--Grants under paragraph (1) shall be distributed to State agencies in States on the basis of their proportionate share of all manufactured homes constructed prior to 1976 that are occupied as primary residences in the United States, based on the most recent and accurate data available. (3) Rebates.-- (A) Primary residence requirement.--A rebate described under paragraph (1) may only be made to an owner of a manufactured home constructed prior to 1976 that is used on a year-round basis as a primary residence. (B) Destruction and replacement.--A rebate described under paragraph (1) may be made only if the manufactured home constructed prior to 1976 will be-- (i) destroyed (including appropriate recycling); and (ii) replaced, in the same general location, as determined by the applicable State agency, with an Energy Star qualified manufactured home. (C) Single rebate.--A rebate described under paragraph (1) may not be provided to any owner of a manufactured home constructed prior to 1976 that was or is a member of a household for which any member of the household was provided a rebate pursuant to this section. (D) Eligible households.--To be eligible to receive a rebate described under paragraph (1), an owner of a manufactured home constructed prior to 1976 shall demonstrate to the applicable State agency that the total income of all members the owner's household does not exceed 200 percent of the Federal poverty level for income in the applicable area. (4) Rebate limitation.--Rebates provided by State agencies under this section shall not exceed $7,500 per manufactured home from any funds appropriated pursuant to this section. (5) Use of state funds.--A State agency providing rebates under this section may supplement the amount of such rebates under paragraph (4) by any amount such agency approves if such additional amount is from State funds and other sources, including private donations or grants from charitable foundations. (6) Similar programs.-- (A) State programs.--A State agency conducting a program that has the purpose of replacing manufactured homes constructed prior to 1976 with Energy Star qualified manufactured homes, may use funding provided under this section to support such a program, provided such funding does not exceed the rebate limitation amount under paragraph (4). (B) Federal programs.--The Secretary of Energy shall seek to achieve the purpose of this section through similar Federal programs including-- (i) the Weatherization Assistance Program under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.); and (ii) the program under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). (7) Administration.-- (A) Controls and procedures.--Each State agency receiving funding under this section shall establish fiscal controls and accounting procedures sufficient, as determined by the Secretary of Energy, to ensure proper accounting for disbursements made from such funds and fund balances. Such procedures shall conform to generally accepted Government accounting principles. (B) Coordination with other state agencies.--A State agency receiving funding under this section may coordinate its efforts, and share funds for administration, with other State agencies involved in low-income housing programs. (C) Administrative expenses.--A State agency receiving funding under this section may expend not more than 10 percent of such funds for administrative expenses. (d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary of Energy, $1,000,000,000 for each of fiscal years 2010 through 2012 to carry out this section. (2) Administrative expenses.--Of the amounts available each fiscal year to carry out this section, the Secretary of Energy may expend not more than 5 percent to pay administrative expenses.

Energy Efficient Manufactured Housing Act of 2009 - Authorizes the Secretary of Energy to make grants to state agencies responsible for developing state energy conservation plans under the Energy Policy and Conservation Act to provide owners of manufactured homes constructed prior to 1976 rebates to use toward purchases of new Energy Star qualified manufactured homes. Restricts rebates to owners of manufactured homes that are used on a year-round basis as a primary residence and that will be destroyed (including appropriate recycling) and replaced, in the same general location, with an Energy Star qualified manufactured home. Limits rebates to: (1) one owner per household; (2) households with total incomes not exceeding 200% of the federal poverty level in the applicable area; and (3) $7,500 per manufactured home. Directs the Secretary to seek to achieve the purpose of this Act through similar federal programs, including: (1) the Weatherization Assistance Program; and (2) the Department of Energys (DOEs) State Energy Program.

To provide assistance to owners of manufactured homes constructed prior to 1976 to purchase Energy Star qualified manufactured homes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Uniformed Services Employment and Reemployment Rights Improvement Act of 2016''. SEC. 2. ACTION FOR RELIEF IN ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED SERVICES WITH RESPECT TO A STATE OR PRIVATE EMPLOYER. (a) Initiation of Actions.--Paragraph (1) of subsection (a) of section 4323 of title 38, United States Code, is amended by striking the third sentence and inserting the following new sentences: ``If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may commence an action for relief under this chapter, including on behalf of the person. The person on whose behalf the complaint is referred may, upon timely application, intervene in such action and may obtain such appropriate relief as provided in subsections (d) and (e).''. (b) Attorney General Notice to Servicemember of Decision.-- Paragraph (2) of such subsection is amended to read as follows: ``(2)(A) Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall transmit, in writing, to the person on whose behalf the complaint is submitted-- ``(i) if the Attorney General has made a decision about whether the United States will commence an action for relief under paragraph (1) relating to the complaint of the person, notice of the decision; and ``(ii) if the Attorney General has not made such a decision, notice of when the Attorney General expects to make such a decision. ``(B) If the Attorney General notifies a person of when the Attorney General expects to make a decision under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date on which the Attorney General makes such decision, notify, in writing, the person of such decision.''. (c) Pattern or Practice Cases.--Such subsection is further amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) (as amended by paragraph (2) of this subsection) the following new paragraph (3): ``(3) Whenever the Attorney General has reasonable cause to believe that a State (as an employer) or a private employer is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights or benefits secured by this chapter, the Attorney General may commence an action under this chapter.''. (d) Actions by Private Persons.--Subparagraph (C) of paragraph (4) of such subsection, as redesignated by paragraph (3)(A), is amended by striking ``refused'' and all that follows and inserting ``notified by the Attorney General that the Attorney General does not intend to bring a civil action.''. (e) Conforming Amendment.--Subsection (h)(2) of such section is amended by striking ``subsection (a)(2)'' and inserting ``subsection (a)(1) or subsection (a)(4)''. SEC. 3. WAIVER OF SOVEREIGN IMMUNITY FOR ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED SERVICES. Paragraph (2) of section 4323(b) of title 38, United States Code, is amended to read as follows: ``(2)(A) In the case of an action against a State (as an employer), any instrumentality of a State, or any officer or employee of a State or instrumentality of a State acting in that officer or employee's official capacity, by any person, the action may be brought in the appropriate district court of the United States or in a State court of competent jurisdiction, and the State, instrumentality of the State, or officer or employee of the State or instrumentality acting in that officer or employee's official capacity shall not be immune under the Eleventh Amendment of the Constitution, or under any other doctrine of sovereign immunity, from such action. ``(B)(i) No State, instrumentality of such State, or officer or employee of such State or instrumentality of such State, acting in that officer or employee's official capacity, that receives or uses Federal financial assistance for a program or activity shall be immune, under the Eleventh Amendment of the Constitution or under any other doctrine of sovereign immunity, from suit in Federal or State court by any person for any violation under this chapter related to such program or activity. ``(ii) In an action against a State brought pursuant to subsection (a), a court may award the remedies (including remedies both at law and in equity) that are available under subsections (d) and (e).''. SEC. 4. VENUE FOR CASES AGAINST PRIVATE EMPLOYERS FOR VIOLATIONS OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED SERVICES. Section 4323(c)(2) of title 38, United States Code, is amended by striking ``United States district court for any district in which the private employer of the person maintains a place of business.'' and inserting ``United States district court for-- ``(A) any district in which the employer maintains a place of business; ``(B) any district in which a substantial part of the events or omissions giving rise to the claim occurred; or ``(C) if there is no district in which an action may otherwise be brought as provided in subparagraph (A) or (B), any district in which the employer is subject to the court's personal jurisdiction with respect to such action.''. SEC. 5. STANDING IN CASES INVOLVING VIOLATIONS OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED SERVICES BY STATES AND PRIVATE EMPLOYERS. Section 4323(f) of title 38, United States Code, is amended-- (1) by inserting ``by the United States or'' after ``may be initiated only''; and (2) by striking ``or by the United States under subsection (a)(1)''. SEC. 6. CIVIL INVESTIGATIVE DEMANDS BY ATTORNEY GENERAL IN ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED SERVICES WITH RESPECT TO STATES AND PRIVATE EMPLOYERS. Section 4323 of title 38, United States Code, is amended-- (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection (i): ``(i) Issuance and Service of Civil Investigative Demands by Attorney General.--(1) Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this chapter, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and cause to be served upon such person, a civil investigative demand requiring-- ``(A) the production of such documentary material for inspection and copying; ``(B) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or ``(C) the production of any combination of such documentary material or answers. ``(2) The provisions governing the authority to issue, use, and enforce civil investigative demands under section 3733 of title 31 (known as the `False Claims Act') shall govern the authority to issue, use, and enforce civil investigative demands under paragraph (1), except that for purposes of that paragraph-- ``(A) a reference in that section to false claims law investigators or investigations shall be applied as referring to investigators or investigations under this chapter; ``(B) a reference to interrogatories shall be applied as referring to written questions, and answers to such need not be under oath; ``(C) the statutory definitions for purposes of that section relating to `false claims law' shall not apply; and ``(D) provisions of that section relating to qui tam relators shall not apply.''. SEC. 7. TREATMENT OF DISABILITY DISCOVERED AFTER EMPLOYEE ENTITLED TO REEMPLOYMENT BY REASON OF UNIFORMED SERVICE STATUS RESUMES EMPLOYMENT. Section 4313(a)(3) of title 38, United States Code, is amended, in the matter before subparagraph (A), by inserting ``including a disability that is brought to the employer's attention within 5 years after the person resumes employment,'' after ``during, such service,''. SEC. 8. BURDEN OF IDENTIFYING PROPER REEMPLOYMENT POSITIONS FOR EMPLOYEES ENTITLED TO REEMPLOYMENT BY REASON OF UNIFORMED SERVICE STATUS. Section 4313 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c) For purposes of this section, the employer shall have the burden of identifying the appropriate reemployment positions.''.

Uniformed Services Employment and Reemployment Rights Improvement Act of 2016 This bill revises the enforcement of employment and reemployment rights of members of the Armed Forces with respect to state and private employers. The Department of Justice (DOJ) may initiate an action for relief: (1) with respect to a private or a state employer, and (2) when a state or private employer is engaged in a pattern or practice to infringe upon such rights. A person may bring an action against a state (as an employer), state instrumentality, or state officer or employee acting in his or her official capacity in U.S. district court or state court. The state, instrumentality, officer, or employee shall not be immune from such action under the Eleventh Amendment of the Constitution or under any doctrine of sovereign immunity. No such state, instrumentality, officer, or employee that receives or uses federal financial assistance for a program or activity shall be immune under the Eleventh Amendment or under any other doctrine of sovereign immunity from suit in federal or state court for any violation of such rights related to such program or activity. (Currently, a person may bring such an action against a state only in a state court.) The venue for an action against a private employer is expanded to include: (1) any district in which a substantial part of the events or omissions giving rise to the claim occurred; or (2) any district in which the employer is subject to the court's personal jurisdiction with respect to such action if there is no district in which an action may otherwise be brought. DOJ may issue civil investigative demands. Service-related disability coverage is extended to include a disability that is brought to the employer's attention within five years after the person resumes employment. The bill provides that the employer has the burden of identifying the appropriate reemployment positions.

Uniformed Services Employment and Reemployment Rights Improvement Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``South Park National Heritage Area Act''. SEC. 2. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Board of Directors of the South Park National Heritage Area, comprised initially of the individuals, agencies, organizations, and governments that were involved in the planning and development of the Heritage Area before the date of enactment of this Act. (2) Heritage area.--The term ``Heritage Area'' means the South Park National Heritage Area established by section 3(a). (3) Management entity.--The term ``management entity'' means the management entity for the Heritage Area designated by section 3(d)(1). (4) Management plan.--The term ``management plan'' means the management plan for the Heritage Area required by section 5. (5) Map.--The term ``map'' means the map entitled ``South Park National Heritage Area Map (Proposed)'', dated January 30, 2006. (6) Partner.--The term ``partner'' means a Federal, State, or local governmental entity, organization, private industry, educational institution, or individual involved in the conservation, preservation, interpretation, development or promotion of heritage sites or resources of the Heritage Area. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) State.--The term ``State'' means the State of Colorado. (9) Technical assistance.--The term ``technical assistance'' means any guidance, advice, help, or aid, other than financial assistance, provided by the Secretary. SEC. 3. SOUTH PARK NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the South Park National Heritage Area. (b) Boundaries.--The Heritage Area shall consist of the areas included in the map. (c) Map.--A map of the Heritage Area shall be-- (1) included in the management plan; and (2) on file and available for public inspection in the appropriate offices of the National Park Service. (d) Management Entity.-- (1) In general.--The management entity for the Heritage Area shall be the Park County Tourism & Community Development Office, in conjunction with the South Park National Heritage Area Board of Directors. (2) Membership requirements.--Members of the Board shall include representatives from a broad cross-section of individuals, agencies, organizations, and governments that were involved in the planning and development of the Heritage Area before the date of enactment of this Act. SEC. 4. ADMINISTRATION. (a) Prohibition on the Acquisition of Real Property.--The management entity shall not use Federal funds made available under this Act to acquire real property or any interest in real property. (b) Authorities.--For purposes of carrying out the management plan, the Secretary, acting through the management entity, may use amounts made available under this Act to-- (1) make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons; (2) enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties; (3) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, fundraising, heritage facility planning and development, and heritage tourism programming; (4) obtain funds or services from any source, including funds or services that are provided under any other Federal law or program; (5) enter into contracts for goods or services; and (6) to facilitate the conduct of other projects and activities that further the Heritage Area and are consistent with the approved management plan. (c) Duties.--The management entity shall-- (1) in accordance with section 5, prepare and submit a management plan for the Heritage Area to the Secretary; (2) assist units of local government, local property owners and businesses, and nonprofit organizations in carrying out the approved management plan by-- (A) carrying out programs and projects that recognize, protect, enhance, and promote important resource values in the Heritage Area; (B) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (C) developing economic, recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of, and appreciation for, historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area; (E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; and (H) planning and developing new heritage attractions, products and services; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (5) for any year for which Federal funds have been received under this Act-- (A) submit to the Secretary an annual report that describes the activities, expenses, and income of the management entity (including grants to any other entities during the year that the report is made); (B) make available to the Secretary for audit all records relating to the expenditure of the Federal funds and any matching funds; and (C) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (6) encourage by appropriate means economic viability that is consistent with the Heritage Area. (d) Cost-Sharing Requirement.--The Federal share of the cost of any activity carried out using any assistance made available under this Act shall be 50 percent. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the management entity, with public participation, shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements.--The management plan shall-- (1) incorporate an integrated and cooperative approach for the protection, enhancement, interpretation, development, and promotion of the historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area; (2) take into consideration State and local plans; (3) include-- (A) an inventory of-- (i) the resources located within the areas included in the map; and (ii) any other eligible and participating property within the areas included in the map that-- (I) is related to the themes of the Heritage Area; and (II) should be preserved, restored, managed, maintained, developed, or promoted because of the significance of the property; (B) comprehensive policies, strategies, and recommendations for conservation, funding, management, development, and promotion of the Heritage Area; (C) a description of actions that governments, private organizations, and individuals have agreed to take to manage protect the historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area; (D) a program of implementation for the management plan by the management entity that includes a description of-- (i) actions to facilitate ongoing and effective collaboration among partners to promote plans for resource protection, enhancement, interpretation, restoration, and construction; and (ii) specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation; (E) the identification of sources of funding for carrying out the management plan; (F) an analysis of and recommendations for means by which Federal, State, and local programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this Act; and (G) an interpretive plan for the Heritage Area; and (4) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area. (c) Deadline.--If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive additional funding under this Act until the date on which the Secretary receives and approves the management plan. (d) Approval or Disapproval of Management Plan.-- (1) In general.--Not later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Criteria for approval.--In determining whether to approve the management plan, the Secretary shall consider whether-- (A) the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historical resource protection organizations, educational institutions, local businesses and industries, community organizations, recreational organizations, and tourism organizations; (B) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (C) strategies contained in the management plan, if implemented, would adequately balance the voluntary protection, development, and interpretation of the natural, historical, cultural, scenic, recreational, and agricultural resources of the Heritage Area. (3) Action following disapproval.--If the Secretary disapproves the management plan under paragraph (1), the Secretary shall-- (A) advise the management entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision. (4) Amendments.-- (A) In general.--The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines makes a substantial change to the management plan. (B) Use of funds.--The management entity shall not use Federal funds authorized by this Act to carry out any amendments to the management plan until the Secretary has approved the amendments. SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to the management entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. SEC. 8. EVALUATION; REPORT. (a) In General.--Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall-- (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation.--An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the management entity with respect to-- (A) accomplishing the purposes of this Act for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report.-- (1) In general.--Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (2) Required analysis.--If the report prepared under paragraph (1) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of-- (A) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination. (3) Submission to congress.--On completion of the report, the Secretary shall submit the report to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

South Park National Heritage Area Act - Establishes the South Park National Heritage Area in South Park, Colorado. Designates the Park County Tourism & Community Development Office, in conjunction with the South Park National Heritage Area Board of Directors, as the management entity for the Area. Requires the management entity to submit a management plan for the Area.

A bill to establish the South Park National Heritage Area in the State of Colorado, and for other purposes.

SECTION 1. AMENDMENTS TO UNITED STATES INSULAR POSSESSION PROGRAM. (a) Production Certificates.--Additional U.S. Note 5(h) to chapter 91 of the Harmonized Tariff Schedule of the United States is amended-- (1) by amending subparagraphs (i) and (ii) to read as follows: ``(i) In the case of each of calendar years 2002 through 2015, the Secretaries jointly, shall-- ``(A) verify-- ``(1) the wages paid in the preceding calendar year by each producer (including the value of usual and customary fringe benefits)-- ``(I) to permanent residents of the insular possessions; and ``(II) to workers providing training in the insular possessions in the production or manufacture of watch movements and watches or engaging in such other activities in the insular possessions relating to such production or manufacture as are approved by the Secretaries; and ``(2) the total quantity and value of watches produced in the insular possessions by that producer and imported into the customs territory of the United States; and ``(B) issue to each producer (not later than 60 days after the end of the preceding calendar year) a certificate for the applicable amount. ``(ii) For purposes of subparagraph (i), except as provided in subparagraphs (iii) and (iv), the term `applicable amount' means an amount equal to the sum of-- ``(A) 90 percent of the producer's creditable wages (including the value of any usual and customary fringe benefits) on the assembly during the preceding calendar year of the first 300,000 units; plus ``(B) the applicable graduated declining percentage (determined each year by the Secretaries) of the producer's creditable wages (including the value of any usual and customary fringe benefits) on the assembly during the preceding calendar year of units in excess of 300,000 but not in excess of 750,000; plus ``(C) the difference between the duties that would have been due on the producer's watches (excluding digital watches) imported into the customs territory of the United States during the preceding calendar year if the watches had been subject to duty at the rates set forth in column 1 under this chapter that were in effect on January 1, 2001, and the duties that would have been due on the watches if the watches had been subject to duty at the rates set forth in column 1 under this chapter that were in effect for such preceding calendar year.''; and (2) by amending subparagraph (v) to read as follows: ``(v)(A) Any certificate issued under subparagraph (i) shall entitle the certificate holder to secure a refund of duties equal to the face value of the certificate on watches, watch movements, and articles of jewelry provided for in heading 7113 that are imported into the customs territory of the United States by the certificate holder. Such refunds shall be made under regulations issued by the Treasury Department. Not more than 5 percent of such refunds may be retained as a reimbursement to the Customs Service for the administrative costs of making the refunds. If the Secretary of the Treasury determines that there is an insufficient level of duties from watch and watch-related tariffs, the Secretary may authorize refunds of duties collected on jewelry under chapter 71 or any other duties that the Secretary determines are appropriate. ``(B) At the election of the certificate holder and upon making the certification described in this clause, the Secretary of the Treasury shall pay directly to the certificate holder the face value of the certificate, less the value of-- ``(1) any duty refund previously claimed by the holder under the certificate, and ``(2) a discount of not more than 2 percent of the face value of the certificate, as determined by the Secretary of the Treasury. ``(C) Direct payments under clause (B) shall be made under regulations issued by the Secretary of the Treasury. Such regulations shall assure that a certificate holder is required to provide only the minimum documentation necessary to support an application for direct payment. A certificate holder shall not be eligible for direct payment under clause (B) unless the certificate holder certifies to the Secretaries that the funds received will be reinvested or utilized to support and continue employment in the Virgin Islands. ``(D) The Secretary of the Treasury is authorized to make the payments provided for in clause (B) from duties collected on watches, watch movements, and parts therefor. If such duties are insufficient, the Secretary of the Treasury is authorized to make the payments from duties collected on jewelry under chapter 71 or any other duties that the Secretary determines are appropriate.''. (b) Jewelry.--Additional U.S. Note 3 to chapter 71 of the Harmonized Tariff Schedule of the United States is amended-- (1) by redesignating paragraphs (b), (c), (d), and (e) as paragraphs (c), (d), (e), and (f), respectively; (2) by inserting after paragraph (a) the following new paragraph: ``(b) The 750,000 unit limitation in additional U.S. Note 5(h)(ii)(B) to chapter 91 shall not apply to articles of jewelry subject to this note.''; and (3) by striking paragraph (f), as so redesignated, and inserting the following: ``(f) Notwithstanding any other provision of law, any article of jewelry provided for in heading 7113 that is assembled in the Virgin Islands, Guam, or American Samoa by a jewelry manufacturer or jewelry assembler that commenced jewelry manufacturing or jewelry assembly operations in the Virgin Islands, Guam, or American Samoa after August 9, 2001, shall be treated as a product of the Virgin Islands, Guam, or American Samoa for purposes of this note and General Note 3(a)(iv) of this Schedule if such article is entered no later than 18 months after such jewelry manufacturer or jewelry assembler commenced jewelry manufacturing or jewelry assembly operations in the Virgin Islands, Guam, or American Samoa.''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to goods imported into the customs territory of the United States on or after January 1, 2002.

Amends the Harmonized Tariff Schedule of the United States concerning clocks, watches, and parts thereof that are products of U.S. insular possessions. Extends and revises the incentive certificate program through calendar year 2015.Authorizes the refund of duties collected on jewelry if the Secretary of the Treasury determines there is an insufficient level of duties from watch and watch-related tariffs. Treats jewelry assembled in the Virgin Islands, Guam, or American Samoa as a product of such possessions, as specified.

To amend the Harmonized Tariff Schedule of the United States with respect to the production incentive certificate program for watch and jewelry producers in possessions of the United States, including the Virgin Islands, Guam, and American Samoa.

SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korea Democracy Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Under the Agreed Framework of October 21, 1994, North Korea committed to-- (A) freeze and eventually dismantle its graphite- moderated reactors and related facilities; (B) implement the North-South Joint Declaration on the Denuclearization of the Korean Peninsula, which prohibits the production, testing, or possession of nuclear weapons; and (C) allow implementation of its IAEA safeguards agreement under the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) for nuclear facilities designated under the Agreed Framework and any other North Korean nuclear facilities. (2) The General Accounting Office has reported that North Korea has diverted heavy oil received from the United States- led Korean Peninsula Energy Development Organization for unauthorized purposes in violation of the Agreed Framework. (3) On April 1, 2002, President George W. Bush stated that he would not certify North Korea's compliance with all provisions of the Agreed Framework. (4) North Korea has violated the basic terms of the Agreed Framework and the North-South Joint Declaration on the Denuclearization of the Korean Peninsula by pursuing the enrichment of uranium for the purpose of building a nuclear weapon and by ``nuclearizing'' the Korean peninsula. (5) North Korea has admitted to having a covert nuclear weapons program and declared the Agreed Framework nullified. (6) North Korea has announced its intention to restart the 5-megawatt reactor and related reprocessing facility at Yongbyon, which were frozen under the Agreed Framework, and has expelled the IAEA personnel monitoring the freeze. (7) North Korea has announced its intention to withdraw from the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow on July 1, 1968 (21 UST 483). SEC. 3. DEFINITIONS. In this Act: (1) Agreed framework.--The term ``Agreed Framework'' means the Agreed Framework Between the United States of America and the Democratic People's Republic of Korea, signed in Geneva on October 21, 1994, and the Confidential Minute to that agreement. (2) IAEA.--The term ``IAEA'' means the International Atomic Energy Agency. (3) KEDO.--The term ``KEDO'' means the Korean Peninsula Energy Development Organization. (4) North korea.--The term ``North Korea'' means the Democratic People's Republic of Korea. (5) NPT.--The term ``NPT'' means the Treaty on the Non- Proliferation of Nuclear Weapons done at Washington, London, and Moscow, July 1, 1968 (22 UST 483). SEC. 4. SENSE OF CONGRESS REGARDING THE AGREED FRAMEWORK AND THE NORTH KOREAN NUCLEAR WEAPONS PROGRAM. It is the sense of Congress that-- (1) the Agreed Framework is, as a result of North Korea's own illicit and deceitful actions over several years and recent declaration, null and void; (2) North Korea's pursuit and development of nuclear weapons-- (A) is of grave concern and represents a serious threat to the security of the United States, its regional allies, and friends; (B) is a clear and present danger to United States forces and personnel in the region and the United States homeland; and (C) seriously undermines the security and stability of Northeast Asia; and (3) North Korea must immediately come into compliance with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons and other commitments to the international community by-- (A) renouncing its nuclear weapons and materials production ambitions; (B) dismantling its nuclear infrastructure and facilities; (C) transferring all sensitive nuclear materials, technologies, and equipment (including nuclear devices in any stage of development) to the IAEA forthwith; and (D) allowing immediate, full, and unfettered access by IAEA inspectors to ensure that subparagraphs (A), (B), and (C) have been fully and verifiably achieved; and (4) any diplomatic solution to the North Korean crisis-- (A) should take into account that North Korea is not a trustworthy negotiating partner; (B) must achieve the total dismantlement of North Korea's nuclear weapons and nuclear production capability; and (C) must include highly intrusive verification requirements, including on-site monitoring and free access for the investigation of all sites of concern, that are no less stringent than those imposed on Iraq pursuant to United Nations Security Council Resolution 1441 (2002) and previous corresponding resolutions. SEC. 5. PROHIBITION ON UNITED STATES ASSISTANCE UNDER THE AGREED FRAMEWORK. No department, agency, or entity of the United States Government may provide assistance to North Korea or the Korean Peninsula Energy Development Organization under the Agreed Framework. SEC. 6. LIMITATIONS ON NUCLEAR COOPERATION. (a) Restriction on Entry Into Force of Nuclear Cooperation Agreement and Implementation of the Agreement.--Section 822(a) of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (as enacted by section 1000(b)(7) of Public Law 106-113; 113 Stat. 1501A-472) is amended to read as follows: ``(a) In General.-- ``(1) Restrictions.--Notwithstanding any other provision of law or any international agreement, unless or until the conditions described in paragraph (2) are satisfied-- ``(A) no agreement for cooperation (as defined in section 11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014 b.)) between the United States and North Korea may become effective; ``(B) no license may be issued for export directly or indirectly to North Korea of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement; ``(C) no approval may be given for the transfer or retransfer directly or indirectly to North Korea of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement; ``(D) no license may be issued under the Export Administration Act of 1979 for the export to North Korea of any item or related technical data which, as determined under section 309(c) of the Nuclear Non- Proliferation Act of 1978, could be of significance for nuclear explosive purposes or the production of nuclear materials; ``(E) no license may be issued under section 109 b. of the Atomic Energy Act of 1954 for the export to North Korea of any component, substance, or item that is subject to a license requirement under such section; ``(F) no approval may be granted, under the Export Administration Act of 1979 or section 109 b.(3) of the Atomic Energy Act of 1954, for the retransfer to North Korea of any item, technical data, component, or substance described in subparagraph (D) or (E); and ``(G) no authorization may be granted under section 57 b.(2) of the Atomic Energy Act of 1954 for any person to engage, directly or indirectly, in the production of special nuclear material (as defined in section 11 aa. of the Atomic Energy Act of 1954) in North Korea. ``(2) Conditions.--The conditions referred to in paragraph (1) are that-- ``(A) the President determines and reports to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that-- ``(i) North Korea has come into full compliance with its safeguards agreement with the IAEA (INFCIRC/403), and has taken all steps that have been deemed necessary by the IAEA in this regard; ``(ii) North Korea has permitted the IAEA full access to-- ``(I) all additional sites and all information (including historical records) deemed necessary by the IAEA to verify the accuracy and completeness of North Korea's initial report of May 4, 1992, to the IAEA on all nuclear sites and material in North Korea; and ``(II) all nuclear sites deemed to be of concern to the IAEA subsequent to that report; ``(iii) North Korea has consistently and verifiably taken steps to implement the Joint Declaration on Denuclearization, and is in full compliance with its obligations under numbered paragraphs 1, 2, and 3 of the Joint Declaration on Denuclearization; ``(iv) North Korea does not have uranium enrichment or nuclear reprocessing facilities, and is making no progress toward acquiring or developing such facilities; ``(v) North Korea does not have nuclear materials or nuclear weapons and is making no effort to acquire, develop, test, produce, or deploy such weapons; and ``(vi) the transfer, approval, licensing, or authorization of any of such materials, components, facilities, goods, services, technologies, data, substances or production to, for or in North Korea is in the national interest of the United States; and ``(B) there is enacted into law a joint resolution stating in substance the approval of Congress of such action.''. (b) Conforming Amendment.--Section 822(b) of such Act is amended by striking ``subsection (a)'' and inserting ``subsection (a)(1)''. SEC. 7. APPLICATION OF UNITED STATES SANCTIONS. (a) Authority To Impose Additional United States Sanctions Against North Korea.--The President is authorized to exercise any of his authorities under the Foreign Assistance Act of 1961, the Arms Export Control Act, the International Emergency Economic Powers Act, or any other provision of law to impose full economic sanctions against North Korea, or to take any other appropriate action against North Korea, including the interdiction of shipments of weapons, weapons-related components, materials, or technologies, or dual-use items traveling to or from North Korea, in response to the activities of North Korea to develop nuclear weapons in violation of North Korea's international obligations. (b) Prohibition on Availability of Funds for Easing of Sanctions Against North Korea.--None of the funds appropriated under any provision of law may be made available to carry out any sanctions regime against North Korea that is less restrictive than the sanctions regime in effect against North Korea immediately prior to the September 17, 1999, announcement by the President of an easing of sanctions against North Korea. SEC. 8. PURSUIT OF MULTILATERAL MEASURES. The President should take all necessary and appropriate actions to obtain-- (1) international condemnation of North Korea for its pursuit of nuclear weapons and serious breach of the Treaty on the Non-Proliferation of Nuclear Weapons and other international obligations, and (2) multilateral diplomatic and economic sanctions against North Korea that are at least as restrictive as United Nations Security Council Resolution 661 concerning Iraq. SEC. 9. TREATMENT OF REFUGEES FROM NORTH KOREA. (a) Sense of Congress.--It is the sense of Congress that the United States should begin immediately to work with other countries in the region to adopt a policy with respect to refugees from North Korea that would-- (1) guarantee all such refugees safe arrival in a country of first asylum in which the refugees would stay on a temporary basis; and (2) promote burden-sharing of refugee costs between countries by providing for the resettlement of the refugees from the country of first asylum to a third country. (b) Eligibility for Refugee Status.-- (1) In general.--In the case of an alien who is a national of North Korea, the alien may establish, for purposes of admission as a refugee under section 207 of the Immigration and Nationality Act, that the alien has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion by asserting such a fear and asserting a credible basis for concern about the possibility of such persecution. (2) Not treated as national of south korea.--For purposes of eligibility for refugee status under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or for asylum under section 208 of such Act (8 U.S.C. 1158), a national of North Korea shall not be considered a national of the Republic of Korea. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 10. INCREASED BROADCASTING BY RADIO FREE ASIA. (a) In General.--In making grants to Radio Free Asia, the Broadcasting Board of Governors shall ensure that Radio Free Asia increases its broadcasting with respect to North Korea to 24 hours each day. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 11. SENSE OF CONGRESS. It is the sense of Congress that the United States, in conjunction with the Republic of Korea and other allies in the Pacific region, should take measures, including military reinforcements, enhanced defense exercises and other steps as appropriate, to ensure-- (1) the highest possible level of deterrence against the multiple threats that North Korea poses; and (2) the highest level of readiness of United States and allied forces should military action become necessary. SEC. 12. PRESIDENTIAL REPORT. Not later than 180 days after the date of enactment of this Act, the President shall submit a report to Congress regarding his actions to implement the provisions of this Act.

North Korea Democracy Act of 2003 - Expresses the sense of Congress that: (1) the Agreed Framework of October 21, 1994 is, as a result of North Korea's actions, null and void; (2) North Korea's pursuit and development of nuclear weapons represents a serious threat to the security of the United States, its regional allies, and friends, and seriously undermines the security and stability of Northeast Asia; and (3) North Korea must come into compliance with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons and other commitments to the international community by taking specified actions.Prohibits U.S. assistance to North Korea or the Korean Peninsula Energy Development Organization under the Agreed Framework.Prohibits nuclear cooperation between the United States and North Korea unless: (1) the President determines and reports to specified congressional committees that North Korea is in compliance with its safeguards agreement with the International Atomic Energy Agency (IAEA), has permitted the IAEA full access to all nuclear sites, and has taken steps to implement and fulfill its obligations under the Joint Declaration on Denuclearization; and (2) Congress enacts a joint resolution approving such action.Authorizes the President to impose full economic sanctions against North Korea, or take other appropriate specified actions, in response to activities of North Korea to develop nuclear weapons in violation of its international obligations.Urges the United States to work with other countries in the region to adopt a policy of receiving temporarily refugees from North Korea. Authorizes refugee status to nationals of North Korea for purposes of admission into the United States.Provides for Radio Free Europe to increase broadcasting to North Korea to 24 hours a day.

A bill to prohibit assistance to North Korea or the Korean Peninsula Development Organization, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Louis Braille Bicentennial--Braille Literacy Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Louis Braille, who invented the Braille method for reading and writing by the blind that has allowed millions of blind people to be literate participants in their societies, was born in Coupvray, a small village near Paris, on January 4, 1809. (2) Braille lost his sight at the age of three after injuring himself with an awl in the shop of his father Rene, a maker of harnesses and other objects of leather. (3) A youth who was both intelligent and creative and was blessed with dedicated parents, a thoughtful local priest and an energetic local schoolteacher, Braille adapted to the situation and attended local school with other youths of his age, an unheard-of practice for a blind child of the period. (4) At the age of 10, when his schooling otherwise would have stopped, Braille--with the aid of the priest and schoolteacher--was given a scholarship by a local nobleman and went to Paris to attend the Royal Institute for Blind Children where he became the youngest pupil. (5) At the school, most instruction was oral but Braille found there were books for the blind--large, expensive-to-produce books in which the text was of large letters embossed upon the page. (6) Soon Braille had read all 14 books in the school, but thirsted for more. (7) A captain in Napoleon's army, Charles Barbier de la Serre, had invented ``night writing'', a method for communicating on the battlefield amidst the thick smoke of combat or at night without lighting a match--which would aid enemy gunners--that used dots and dashes that were felt and interpreted with the fingers, and later adapted the method for use by the blind, calling it Sonography because it represented words by sounds, rather than spelling. (8) Braille adopted the Sonography method instantly but soon recognized that the basis in sound and the large number of dots--as many as 12--used to represent words was too cumbersome. (9) By the age of 15, and using a blunt awl, the same sort of tool that had blinded him, Braille had developed what is essentially modern Braille, a code that uses no more than 6 dots in a ``cell'' of 2 columns of 3 dots each to represent each letter and contains a system of punctuation and of ``contractions'' to speed writing and reading. (10) In contrast to the bulky books consisting of large embossed letters, Braille books can contain as many as 1000 characters or contractions on a standard 11-by-12-inch page of heavy paper, and to this day Braille can be punched with an awl- like ``stylus'' into paper held in a metal ``slate'' that is very similar to the ones that Louis Braille adapted from Barbier's original ``night writing'' devices. (11) Also a talented organist who supported himself by giving concerts, Braille went on to develop the Braille representation of music and in 1829 published the first-ever Braille book, a manual about how to read and write music. (12) 8 years later, in 1837, Braille followed that publication with another book detailing a system of representation of mathematics. (13) Braille's talents were quickly recognized, and at 17 he was made the first blind apprentice teacher at the school, where he taught algebra, grammar, music, and geography. (14) He and two blind classmates, his friends who probably were the first people to learn to read and write Braille, later became the first three blind full professors at the school. (15) However, despite the fact that many blind people enthusiastically adopted the system of writing and reading, there was great skepticism among sighted people about the real usefulness of Braille's code, and even at the Royal Institute, it was not taught until after his death on January 6, 1852. (16) Braille did not start to spread widely until 1868 when a group of British men--later to become known as the Royal National Institute for the Blind--began publicizing and teaching the system. (17) Braille did not become the official and sole method of reading and writing for blind United States citizens until the 20th Century. (18) Helen Keller, a Braille reader of another generation, said: ``Braille has been a most precious aid to me in many ways. It made my going to college possible--it was the only method by which I could take notes on lectures. All my examination papers were copied for me in this system. I use Braille as a spider uses its web--to catch thoughts that flit across my mind for speeches, messages and manuscripts.''. (19) While rapid technological advances in the 20th Century have greatly aided the blind in many ways by speeding access to information, each advance has seen a commensurate drop in the teaching of Braille, to the point that only about 10 percent of blind students today are taught the system. (20) However, for the blind not to know Braille is in itself a handicap, because literacy is the ability to read and the ability to write and the ability to do the two interactively. (21) The National Federation of the Blind, the Nation's oldest membership organization consisting of blind members, has been a champion of the Braille code, of Braille literacy for all blind people and of the memory of Louis Braille, and continues its Braille literacy efforts today through its divisions emphasizing Braille literacy, emphasizing education of blind children and emphasizing employment of the blind. (22) Braille literacy aids the blind in taking responsible and self-sufficient roles in society, such as employment: while 70 percent of the blind are unemployed, 85 percent of the employed blind are Braille-literate. SEC. 3. COIN SPECIFICATIONS. (a) In General.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 400,000 $1 coins bearing the designs specified in section 4(a), each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the life and legacy of Louis Braille. (2) Obverse.--The design on the obverse shall bear a representation of the image of Louis Braille. (3) Reverse.--The design on the reverse shall emphasize Braille literacy and shall specifically include the word for Braille in Braille code (the Braille capital sign and the letters Brl) represented in a way that substantially complies with section 3 of Specification 800 of the National Library Service for the Blind and Physically Handicapped of the Library of Congress specifications for Braille, and is tactilely indiscernible from printed or written Braille. (4) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2009''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the National Federation of the Blind; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2009. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales of coins under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Federation of the Blind to further its programs to promote Braille literacy. (c) Audits.--The National Federation of the Blind shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the National Federation under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Louis Braille Bicentennial--Braille Literacy Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins emblematic of the life and legacy of Louis Braille. Requires the design on the obverse to bear a representation of the image of Louis Braille. Requires the design on the reverse to emphasize Braille literacy and to include the word for Braille in Braille code in a way that substantially complies with Specification 800 of the National Library Service for the Blind and Physically Handicapped of the Library of Congress specifications for Braille, and is tactilely indiscernible from printed or written Braille. Authorizes the Secretary to issue such coins only during 2009. Subjects all coin sales to a surcharge of $10 per coin, except when issuance of a coin would exceed the annual two commermorative coin program issuance limitation. Requires all surcharges to be promptly paid by the Secretary to the National Federation of the Blind to further its programs to promote Braille literacy.

To require the Secretary of the Treasury to mint coins in commemoration of Louis Braille.

SECTION 1. SHORT TITLE. This Act may be cited as the ``VOW to Hire Heroes Extension Act of 2012''. SEC. 2. EXTENSION OF WORK OPPORTUNITY CREDIT FOR VETERANS. (a) In General.--Clause (i) of section 51(c)(4)(B) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2016''. (b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2012. SEC. 3. SIMPLIFIED CERTIFICATION OF VETERAN STATUS. (a) In General.--Subparagraph (D) of section 51(d)(13) of the Internal Revenue Code of 1986 is amended to read as follows: ``(D) Pre-screening of qualified veterans.-- ``(i) In general.--Subparagraph (A) shall be applied without regard to subclause (II) of clause (ii) thereof in the case of an individual seeking treatment as a qualified veteran with respect to whom the pre-screening notice contains-- ``(I) qualified veteran status documentation, ``(II) qualified proof of unemployment compensation, and ``(III) an affidavit furnished by the individual stating, under penalty of perjury, that the information provided under clauses (I) and (II) is true. ``(ii) Qualified veteran status documentation.--For purposes of clause (i), the term `qualified veteran status documentation' means any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces which includes information sufficient to establish that such individual is a veteran. ``(iii) Qualified proof of unemployment compensation.--For purposes of clause (i), the term `qualified proof of unemployment compensation' means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date.''. (b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 4. CREDIT MADE AVAILABLE AGAINST PAYROLL TAXES IN CERTAIN CIRCUMSTANCES. (a) In General.--Paragraph (2) of section 52(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``qualified tax-exempt organizations'' in the heading and inserting ``certain employers'', and (2) by striking ``by qualified tax-exempt organizations'' and inserting ``by certain employers''. (b) Credit Allowed to Certain For-Profit Employers.--Subsection (e) of section 3111 of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``or a qualified for-profit employer'' after ``If a qualified tax-exempt organization'' in paragraph (1), (2) by striking ``with respect to whom a credit would be allowable under section 38 by reason of section 51 if the organization were not a qualified tax-exempt organization'' in paragraph (1), (3) by inserting ``or for-profit employer'' after ``employees of the organization'' each place it appears in paragraphs (1) and (2), (4) by inserting ``in the case of a qualified tax-exempt organization,'' before ``by only taking into account'' in subparagraph (C) of paragraph (3), (5) by inserting ``or for-profit employer'' after ``the organization'' in paragraph (4), (6) by redesignating subparagraph (B) of paragraph (5) as subparagraph (C) of such paragraph, by striking ``and'' at the end of subparagraph (A) of such paragraph, and by inserting after subparagraph (A) of such paragraph the following new subparagraph: ``(B) the term `qualified for-profit employer' means, with respect to a taxable year, an employer not described in subparagraph (A), but only if-- ``(i) such employer does not have profits for any of the 3 taxable years preceding such taxable year, and ``(ii) such employer elects under section 51(j) not to have section 51 apply to such taxable year, and'', and (7) by striking ``has meaning given such term by section 51(d)(3)'' in subparagraph (C) of paragraph (5), as so redesignated, and inserting ``means a qualified veteran (within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax-exempt organization or a qualified for-profit employer''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsections (a) and (b). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 5. REPORT. Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue, in consultation with the Secretary of Labor, shall report to the Congress on the effectiveness and cost-effectiveness of the amendments made by sections 2, 3, and 4 in increasing the employment of veterans. Such report shall include the results of a survey, conducted, if needed, in consultation with the Veterans' Employment and Training Service of the Department of Labor, to determine how many veterans are hired by each employer that claims the credit under section 51, by reason of subsection (d)(1)(B) thereof, or 3111(e) of the Internal Revenue Code of 1986. SEC. 6. TREATMENT OF POSSESSIONS. (a) Payments to Possessions.-- (1) Mirror code possessions.--The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the amendments made by this Act. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States. (2) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this Act if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit in effect after the amendments made by this Act. (b) Coordination With Credit Allowed Against United States Income Taxes.--The credit allowed against United States income taxes for any taxable year under the amendments made by this Act to section 51 of the Internal Revenue Code of 1986 to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in paragraph (1)(B)) allowed to such person against income taxes imposed by the possession of the United States by reason of this section with respect to such qualified veteran for such taxable year. (c) Definitions and Special Rules.-- (1) Possession of the united states.--For purposes of this section, the term ``possession of the United States'' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. (2) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (3) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from credit provisions described in such section.

VOW to Hire Heroes Extension Act of 2012 - Amends the Internal Revenue Code to: (1) extend through 2016 the work opportunity tax credit for hiring veterans, (2) revise tax credit eligibility requirements for documenting the status of veterans and their receipt of unemployment compensation, and (3) extend the payroll tax offset for such credit to certain for-profit employers.

A bill to amend the Internal Revenue Code of 1986 to extend the work opportunity credit for hiring veterans, and for other purposes.

SECTION 1. CERTAIN MODIFICATIONS PERMITTED TO QUALIFIED MORTGAGES HELD BY A REMIC OR A GRANTOR TRUST. (a) Qualified Mortgages Held by a REMIC.-- (1) In general.--Paragraph (3) of section 860G(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Qualified modifications.-- ``(i) In general.--An obligation shall not fail to be treated as a qualified mortgage solely because of a qualified modification of such obligation. ``(ii) Qualified modification.--For purposes of this section, the term `qualified modification' means, with respect to any obligation, any amendment, waiver, or other modification which is treated as a disposition of such obligation under section 1001 if such amendment, waiver or other modification does not-- ``(I) extend the final maturity date of the obligation, ``(II) increase the outstanding principal balance under the obligation (other than the capitalization of accrued, unpaid interest), ``(III) result in a release of an interest in real property securing the obligation such that the obligation is not principally secured by an interest in real property (determined after giving effect to the release), or ``(IV) result in an instrument or property right which is not debt for Federal income tax purposes. ``(iii) Defaults.--Under regulations prescribed by the Secretary, any amendment, waiver, or other modification of an obligation which is in default or with respect to which default is reasonably foreseeable may be treated as a qualified modification for purposes of this section. ``(iv) Defeasance with government securities.--The requirements of clause (ii)(III) shall be treated as satisfied if, after the release described in such clause, the obligation is principally secured by Government securities and the amendment, waiver, or other modification to such obligation satisfies such requirements as the Secretary may prescribe.''. (2) Exception from prohibited transaction rules.-- Subparagraph (A) of section 860F(a)(2) of such Code is amended by striking ``or'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, or'', and by adding at the end the following new clause: ``(v) a qualified modification (as defined in section 860G(a)(3)(C)).''. (3) Conforming amendments.-- (A) Section 860G(a)(3) of such Code is amended-- (i) by redesignating clauses (i) and (ii) of subparagraph (A) as subclauses (I) and (II), respectively, (ii) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, (iii) by striking ``The term'' and inserting the following: ``(A) In general.--The term'', and (iv) by striking ``For purposes of subparagraph (A)'' and inserting the following: ``(B) Tenant-stockholders of cooperative housing corporations.--For purposes of subparagraph (A)(i)''. (B) Section 860G(a)(3)(A)(iv) of such Code (as redesignated by subparagraph (A)) is amended-- (i) by striking ``clauses (i) and (ii) of subparagraph (A)'' and inserting ``subclauses (I) and (II) of clause (i)'', and (ii) by striking ``subparagraph (A) (without regard to such clauses)'' and inserting ``clause (i) (without regard to such subclauses)''. (b) Qualified Mortgages Held by a Grantor Trust.--Section 672 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Special Rule for Certain Investment Trusts.--A grantor shall not fail to be treated as the owner of any portion of a trust under this subpart solely because such portion includes one or more obligations with respect to which a qualified modification (within the meaning of section 860G(a)(3)(C)) has been, or may be, made under the terms of such trust.''. (c) Effective Date.--The amendments made by this section shall apply to amendments, waivers, and other modifications made after the date of the enactment of this Act.

Amends the Internal Revenue Code to permit certain amendments, waivers, or other modifications to mortgages held by a Real Estate Mortgage Investment Conduit (REMIC) or a Grantor Trust without disqualifying such mortgages as REMIC or Grantor Trust mortgages. Permits amendments, waivers, or modifications that do not: (1) extend the final maturity date of a mortgage; (2) increase the outstanding balance of the mortgage; (3) result in the release of an interest in real property securing the mortgage; or (4) result in an instrument or property right which is not debt for Federal income tax purposes. Exempts such amendments, waivers, or modifications from the penalty for prohibited transactions.

To amend the Internal Revenue Code of 1986 to allow certain modifications to be made to qualified mortgages held by a REMIC or a grantor trust.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology for Teachers Act of 2001''. SEC. 2. LOCAL APPLICATIONS FOR SCHOOL TECHNOLOGY RESOURCE GRANTS. Section 3135 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6845) is amended-- (1) in the first sentence, by inserting ``(a) In General.-- '' before ``Each local educational agency''; (2) in subsection (a) (as so redesignated)-- (A) in paragraph (3)(B), by striking ``; and'' and inserting a semicolon; (B) in paragraph (4), by striking the period and inserting ``; and''; and (C) by inserting after paragraph (4) the following: ``(5) demonstrate the manner in which the local educational agency will utilize at least 30 percent of the amounts provided to the agency under this subpart in each fiscal year to provide for in-service teacher training, or that the agency is using at least 30 percent of its total technology funding available to the agency from all sources (including Federal, State, and local sources) to provide in-service teacher training.''; (3) by redesignating subsections (d) and (e) as subsections (b) and (c) respectively; and (4) in subsection (c) (as so redesignated), by striking ``subsection (e)'' and inserting ``subsection (a)''. SEC. 3. TEACHER PREPARATION. Part A of title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6811 et seq.) is amended by adding at the end the following: ``Subpart 5--Preparing Tomorrow's Teachers To Use Technology ``SEC. 3161. PURPOSE; PROGRAM AUTHORITY. ``(a) Purpose.--It is the purpose of this subpart to assist consortia of public and private entities in carrying out programs that prepare prospective teachers to use advanced technology to foster learning environments conducive to preparing 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 subpart for a period of not more than 5 years. ``SEC. 3162. ELIGIBILITY. ``(a) Eligible Applicants.--In order to receive an award under this subpart, an applicant shall be a consortium that includes-- ``(1) at least 1 institution of higher education that offers a baccalaureate degree and prepares teachers for their initial entry into teaching; ``(2) at least 1 State educational agency or local educational agency; and ``(3) 1 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; ``(C) a school or college of arts and sciences at an institution of higher education; ``(D) a professional association, foundation, museum, library, for-profit business, public or private nonprofit organization, community-based organization, or other entity with the capacity to contribute to the technology-related reform of teacher preparation programs. ``(b) Application Requirements.--In order to receive an award under this subpart, 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, including how the project would ensure that individuals participating in the project would be prepared to use technology to create learning environments conducive to preparing all students, including girls and students who have economic and educational disadvantages, to achieve to challenging State and local content and student performance standards; ``(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 subpart end; and ``(5) a plan for the evaluation of the program, which shall include benchmarks to monitor progress toward specific project objectives. ``(c) Matching Requirements.-- ``(1) In general.--The Federal share of the cost of any project funded under this subpart 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 subpart 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. 3163. USE OF FUNDS. ``(a) Required Uses.--A recipient shall use funds under this subpart for-- ``(1) creating programs that enable prospective teachers to use advanced technology to create learning environments conducive to preparing all students, including girls and students who have economic and educational disadvantages, to achieve to challenging State and local content and student performance standards; and ``(2) evaluating the effectiveness of the project. ``(b) Permissible Uses.--A recipient may use funds under this subpart for activities, described in its application, that carry out the purposes of this subpart, 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 schools 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 3162(c)(2), acquiring equipment, networking capabilities, and infrastructure to carry out the project. ``SEC. 3164. AUTHORIZATION OF APPROPRIATIONS. ``For purposes of carrying out this subpart, there is authorized to be appropriated $150,000,000 for fiscal year 2002, and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Technology for Teachers Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) with respect to ESEA title III technology for education. Requires local applications for school technology resource grants to demonstrate how local educational agencies will use portions of such funds for in-service teacher training.Establishes a program authorizing the Secretary of Education, through the Office of Educational Technology, to award grants, contracts, or cooperative agreements to eligible consortia for developing or redesigning teacher preparation programs to enable prospective teachers to use technology effectively in their classrooms.

A bill to prepare tomorrow's teachers to use technology through pre-service and in-service training, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Common Access Card Act of 2014''. SEC. 2. SECURE MEDICARE CARD PILOT PROGRAM. (a) Pilot Program Implementation (Phase I).-- (1) In general.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall conduct a pilot program under title XVIII of the Social Security Act for the purpose of utilizing smart card technology for Medicare beneficiary and provider identification cards in order to-- (A) increase the quality of care furnished to Medicare beneficiaries; (B) improve the accuracy and efficiency in the billing for Medicare items and services furnished by Medicare providers; (C) reduce the potential for identity theft and other unlawful use of Medicare beneficiary and provider identifying information; and (D) reduce waste, fraud, and abuse in the Medicare program. (2) Site requirements.--The Secretary shall conduct the pilot program in at least 5 geographic areas in which the Secretary determines there is a high risk for waste, fraud, or abuse. (3) Design of pilot program.--In designing the pilot program, the Secretary shall provide for the following: (A) Implementation of a system that utilizes a smart card as a Medicare identification card for Medicare beneficiaries and Medicare providers. Such a card shall contain appropriate security features and protect personal privacy. (B) Issuance of a new smart card to all Medicare beneficiaries participating in the pilot program. Such card shall not have the Social Security number printed on the front but, instead shall have such number stored securely on the smart card chip along with other information the Secretary deems necessary. (C) Issuance of a new provider card to all Medicare providers participating in the pilot program. Such card shall include a photograph of the provider and shall not have the Medicare provider number printed on the front of the card but, instead shall have such number stored securely on the smart card chip along with other information the Secretary deems necessary. (D) A process for enrollment of all Medicare providers that includes-- (i) identity and certification verification; and (ii) utilization of biometric data, such as fingerprints, for provider identification and authentication. (E) A process under which the cards issued under subparagraphs (B) and (C) are used by both Medicare beneficiaries and Medicare providers to verify eligibility, prevent fraud, and authorize transactions. (F) Distribution of necessary equipment, including cards, card readers, kiosks, biometric readers, and other materials or documents to Medicare beneficiaries and providers at no cost to them. (G) Regular monitoring and review by the Secretary of Medicare providers' Medicare billings and Medicare beneficiaries' Medicare records in order to identify and address inaccurate charges and instances of waste, fraud, or abuse. (H) Reporting mechanisms for measuring the cost savings to the Medicare program by reason of the pilot program. (I) Include provisions-- (i) to ensure that all devices and systems utilized as part of the pilot program comply with standards for identity credentials and biometric data developed by the American National Standards Institute and the National Institute of Standards and Technology and Federal requirements relating to interoperability and information security, including all requirements under the Health Insurance Portability and Accountability Act of 1996; (ii) to ensure that a Medicare beneficiary's and provider's personal identifying, health, and other information is protected from unauthorized access or disclosure through the use of at least two- factor authentication; (iii) for the development of procedures and guidelines for the use of identification cards, card readers, kiosks, biometric data and readers, and other equipment to verify a Medicare beneficiary's identity and eligibility for services; (iv) to ensure that each Medicare beneficiary and provider participating in the pilot program is informed of-- (I) the purpose of the program; (II) the processes for capturing, enrolling, and verifying their eligibility and, with respect to providers, their biometric data; (III) the manner in which the biometric data for providers will be used; and (IV) the steps that will be taken to protect personal identifying, health, and other information from unauthorized access and disclosure; (v) for addressing problems related to the loss, theft, or malfunction of or damage to equipment and any identifying documents or materials provided by the Secretary; (vi) for development of a hotline, Web site, or other means by which Medicare beneficiaries and providers can contact the Secretary for assistance; and (vii) for addressing problems related to accessing care outside the pilot area and cases where the individual faces issues related to physical or other capacity limitations. (4) Privacy.--Information on the smart card shall only be disclosed if the disclosure of such information is permitted under the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (5) Disclosure exemption.--Information on the smart card shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. (b) Expanded Implementation (Phase II).--Taking into account the interim report under subsection (d)(2) the Secretary shall, through rulemaking, expand the duration and the scope of the pilot program, to the extent determined appropriate by the Secretary. (c) Waiver Authority.--The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as the Secretary determines to be appropriate for the conduct of the pilot program. (d) Reports to Congress.-- (1) Plan.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report that contains a description of the design and development of the pilot program, including the Secretary's plan for implementation. (2) Interim report.--Not later than 1 year after the pilot program is first implemented, the Secretary shall conduct an evaluation of the pilot program and submit an interim report to Congress. Such an evaluation shall include an initial analysis of the deployment of the program, the usability of the card system, and the measures taken to protect beneficiary and provider information. (3) Additional report.--Not later than 2 years after the date that the pilot program is first implemented, the Secretary shall submit to Congress a report on the pilot program. Such report shall contain a detailed description of issues related to the expansion of the program under subsection (b) and recommendations for such legislation and administrative actions as the Secretary considers appropriate for implementation of the program on a nationwide basis. (e) Funding.--There are appropriated, from amounts in the Treasury not otherwise appropriated, $29,000,000 for the design, implementation, and evaluation of the pilot program. Amounts appropriated under the preceding sentence shall remain available until expended. (f) Definitions.--In this section: (1) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act or enrolled for benefits under part B of such title. (2) Medicare program.--The term ``Medicare program'' means the health benefits program under title XVIII of the Social Security Act. (3) Medicare provider.--The term ``Medicare provider'' means a provider of services (as defined in subsection (u) of section 1861 of the Social Security Act (42 U.S.C. 1395x)) and a supplier (as defined in subsection (d) of such section), including a supplier of durable medical equipment and supplies. (4) Pilot program.--The term ``pilot program'' means the pilot program conducted under this section. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Smart card.--The term ``smart card'' means a secure, electronic, machine readable, fraud-resistant, tamper-resistant card that includes an embedded integrated circuit chip with a secure micro-controller. SEC. 3. REVISION OF FUNDING FOR THE CENTER FOR MEDICARE AND MEDICAID INNOVATION. Section 1115A(f) of the Social Security Act (42 U.S.C. 1315a(f)) is amended-- (1) In paragraph (1)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) by redesignating subparagraph (C) as subparagraph (D); (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) $8,900,000,000 for the activities initiated under this section for the period of fiscal years 2020 through 2029; and''; and (D) in subparagraph (D), as redesignated by subparagraph (B) of this paragraph, by striking ``2020'' and inserting ``2030''; and (2) in paragraph (2), by striking ``and (C)'' and inserting ``, (C), and (D)''.

Medicare Common Access Card Act of 2014 - Establishes a pilot program under title XVIII (Medicare) of the Social Security Act (SSA) in order to utilize smart card technology for Medicare beneficiary and provider identification cards. Amends SSA title XI to extend through FY2029 funding for the Center for Medicare and Medicaid Innovation.

Medicare Common Access Card Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Spending Act''. SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS. (a) Adjustments to Discretionary Spending Limits.--In the matter that precedes subparagraph (A) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985, strike ``through 2002''. (b) Discretionary Spending Limit.--Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) Strike paragraphs (1) through (6) and redesignate paragraph (7) (which relates to fiscal year 2003) as paragraph (1). (2) Strike paragraphs (8) through (16) and insert after paragraph (1) the following new paragraphs: ``(2) with respect to fiscal year 2004, for the discretionary category: $765,510,000,000 in new budget authority of which not less than $399,181,000,000 shall be for the defense category and of which not less than $28,239,000,000 shall be for homeland security activities outside of the defense category and $815,516,000,000 in outlays of which not less than $389,746,000,000 shall be for the defense category; ``(3) with respect to fiscal year 2005, for the discretionary category: $780,820,000,000 in new budget authority of which not less than $419,623,000,000 shall be for the defense category and of which not less than $29,367,000,000 shall be for homeland security activities outside of the defense category and $825,851,000,000 in outlays of which not less than $409,737,000,000 shall be for the defense category; ``(4) with respect to fiscal year 2006, for the discretionary category: $796,437,000,000 in new budget authority of which not less than $439,740,000,000 shall be for the defense category and of which not less than $30,407,000,000 shall be for homeland security activities outside of the defense category and $834,246,000,000 in outlays of which not less than $422,808,000,000 shall be for the defense category; ``(5) with respect to fiscal year 2007, for the discretionary category: $812,365,000,000 in new budget authority of which not less than $459,999,000,000 shall be for the defense category and of which not less than $31,494,000,000 shall be for homeland security activities outside of the defense category and $846,485,000,000 in outlays of which not less than $436,164,000,000 shall be for the defense category; and ``(6) with respect to fiscal year 2008, for the discretionary category: $828,613,000,000 in new budget authority of which not less than $480,433,000,000 shall be for the defense category and of which not less than $32,621,000,000 shall be for homeland security activities outside of the defense category and $864,832,000,000 in outlays of which not less than $460,190,000,000 shall be for the defense category;''. (c) Adjustments to Discretionary Spending Limits.-- (1) Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking subparagraphs (C) through (H) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Accrual accounting.--If a bill or joint resolution is enacted that charges Federal agencies for the full cost of accrued Federal retirement and health benefits and a bill or joint resolution making appropriations is enacted that provides new budget authority to carry out the legislation charging Federal agencies for such accrued costs, the adjustment shall be equal to the reduction in mandatory budget authority and the outlays flowing therefrom estimated to result from the legislation charging Federal agencies for such accrued costs.''. (2) Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking the last sentence. SEC. 3. EXTENSION OF PAY-AS-YOU-GO. Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``SEC. 252. ENFORCING PAY-AS-YOU-GO. ``(a) Purpose.--The purpose of this section is to assure that any legislation enacted before October 1, 2008, affecting direct spending that increases the deficit will trigger an offsetting sequestration. ``(b) Sequestration.-- ``(1) Timing.--Not later than 15 calendar days after the date Congress adjourns to end a session and on the same day as a sequestration (if any) under section 251, there shall be a sequestration to offset the amount of any net deficit increase caused by all direct spending legislation enacted before October 1, 2008, as calculated under paragraph (2). ``(2) Calculation of deficit increase.--OMB shall calculate the amount of deficit increase or decrease by adding-- ``(A) all OMB estimates for the budget year of direct spending legislation transmitted under subsection (d); ``(B) the estimated amount of savings in direct spending programs applicable to budget year resulting from the prior year's sequestration under this section or, if any, as published in OMB's final sequestration report for that prior year; and ``(C) any net deficit increase or decrease in the current year resulting from all OMB estimates for the current year of direct spending legislation transmitted under subsection (d) of this section that were not reflected in the final OMB sequestration report for the current year. ``(c) Eliminating a Deficit Increase.--(1) The amount required to be sequestered in a fiscal year under subsection (b) of this section shall be obtained from non-exempt direct spending accounts from actions taken in the following order: ``(A) First.--All reductions in automatic spending increases specified in section 256(a) shall be made. ``(B) Second.--If additional reductions in direct spending accounts are required to be made, the maximum reductions permissible under sections 256(b) (guaranteed and direct student loans) and 256(c) (foster care and adoption assistance) shall be made. ``(C) Third.--(i) If additional reductions in direct spending accounts are required to be made, each remaining non- exempt direct spending account shall be reduced by the uniform percentage necessary to make the reductions in direct spending required by paragraph (1); except that the medicare programs specified in section 256(d) shall not be reduced by more than 4 percent and the uniform percentage applicable to all other direct spending programs under this paragraph shall be increased (if necessary) to a level sufficient to achieve the required reduction in direct spending. ``(ii) For purposes of determining reductions under clause (i), outlay reductions (as a result of sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as outlay reductions in the fiscal year of the sequestration. ``(2) For purposes of this subsection, accounts shall be assumed to be at the level in the baseline. ``(d) Estimates.-- ``(1) CBO estimates.--As soon as practicable after Congress completes action on any direct spending, CBO shall provide an estimate to OMB of that legislation. ``(2) OMB estimates.--Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any direct spending, OMB shall transmit a report to the House of Representatives and to the Senate containing-- ``(A) the CBO estimate of that legislation; ``(B) an OMB estimate of that legislation using current economic and technical assumptions; and ``(C) an explanation of any difference between the 2 estimates. ``(3) Significant differences.--If during the preparation of the report under paragraph (2) OMB determines that there is a significant difference between the OMB and CBO estimates, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation, to the extent practicable, shall include written communication to such committees that affords such committees the opportunity to comment before the issuance of that report. ``(4) Scope of estimates.--The estimates under this section shall include the amount of change in outlays for the current year (if applicable), the budget year, and each outyear excluding any amounts resulting from-- ``(A) full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates; and ``(B) emergency provisions as designated under subsection (e) of this section. ``(5) Scorekeeping guidelines.--OMB and CBO, after consultation with each other and the Committees on the Budget of the House of Representatives and the Senate, shall-- ``(A) determine common scorekeeping guidelines; and ``(B) in conformance with such guidelines, prepare estimates under this section. ``(e) Emergency Legislation.--If a provision of direct spending legislation is enacted that the President designates as an emergency requirement and that the Congress so designates in statute, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be designated as an emergency requirement in the reports required under subsection (d) of this section.''. SEC. 4. CONFORMING AMENDMENTS. (a) Expiration.--(1) Section 254(c)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2008''. (2) Section 254(f)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2008''. (b) Expiration.--Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2008''. SEC. 5. EMERGENCY SPENDING LEGISLATION AND THE BASELINE. (a) In General.--Section 257(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting ``, except for emergency appropriations covered by section 251(b)(2)(A) and emergency legislation covered by section 252(e)'' before the period. (b) Direct Spending and Receipts.--Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (as amended by section 2) is further amended by adding at the end the following new subparagraph: ``(D) Emergency legislation covered by section 252(e) shall not be extended in the baseline.''. (c) Discretionary Appropriations.--Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: ``(7) Emergency appropriations covered by section 251(b)(2)(A) shall not be extended in the baseline.''. SEC. 6. OMB EMERGENCY CRITERIA. (a) Definition of Emergency.--Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraph: ``(11)(A) The term `emergency' means a situation that-- ``(i) requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and ``(ii) is unanticipated. ``(B) As used in subparagraph (A), the term `unanticipated' means that the underlying situation is-- ``(i) sudden, which means quickly coming into being or not building up over time; ``(ii) urgent, which means a pressing and compelling need requiring immediate action; ``(iii) unforeseen, which means not predicted or anticipated as an emerging need; and ``(iv) temporary, which means not of a permanent duration.''. (b) Conforming Amendment.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: ``(20) The term `emergency' has the meaning given to such term in section 3 of the Congressional Budget and Impoundment Control Act of 1974.''. SEC. 7. RULE RESPECTING DESIGNATION OF LEGISLATIVE PROVISION AS AN EMERGENCY. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``rule respecting designation of legislative provision as an emergency ``Sec. 316. (a) Guidance.--In making a designation of a provision of legislation as an emergency requirement under section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985, the committee report and any statement of managers accompanying that legislation shall analyze whether a proposed emergency requirement meets the definition of an `emergency' set out in section 3 of the Congressional Budget and Impoundment Control Act of 1974. ``(b) In General.--It shall not be in order in the Senate or the House of Representatives to consider any bill, joint resolution, or conference report that contains an emergency designation under section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 unless the proposed emergency requirement meets the definition of an `emergency' set out in section 3 of the Congressional Budget and Impoundment Control Act of 1974. ``(c) Waiver and Appeal in the Senate.--This section may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three- fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section. ``(d) Enforcement in the House of Representatives.--It shall not be in order in the House of Representatives to consider a rule or order that waives the application of subsection (b) of this section. ``(e) Disposition of Points of Order in the House.--As disposition of a point of order under subsection (b) or subsection (d) of this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the point of order. A question of consideration under this section shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent of the point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. ``(f) Effect on Amendment in Order as Original Text in the House.-- The disposition of the question of consideration under this section with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Rule respecting designation of legislative provision as an emergency.''.

Common Sense Spending Act - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend discretionary spending limits through FY 2008. Repeals requirements for adjustments to discretionary limits for: (1) continuing disability reviews by the Social Security Administration; (2) specified allowances for the International Monetary Fund and international arrearages; (3) any earned income tax credit compliance initiative; (4) adoption incentive payments; and (5) conservation spending. Requires an adjustment to discretionary spending limits equal to the estimated resulting reduction in mandatory budget authority and outlays utilizing accrual methods, if enacted legislation charges Federal agencies for the full cost of accrued Federal retirement and health benefits, and an appropriations Act provides new budget authority to carry out such legislation. Repeals the exemption of appropriations to cover agricultural crop disaster assistance from the application of mandatory adjustments in discretionary spending limits in a sequestration report and subsequent budgets for emergency appropriations for discretionary accounts. (Thus applies such mandatory adjustments in the total amount of emergency appropriations to appropriations covering agricultural crop disaster assistance.) Revises PAYGO requirements to remove receipts from the requirement that any legislation enacted before FY 2009 affecting direct spending (currently, direct spending and receipts) that increases the deficit will trigger an offsetting sequestration. Revises the formula for calculating the amount of deficit increase or decrease by the Office of Management and Budget (OMB). States that, with respect to eliminating a deficit increase, accounts shall be assumed to be at the level in the baseline. Revises the definition of baseline to exclude emergency appropriations and legislation. Prohibits such emergency appropriations from being extended in the baseline. Amends the Congressional Budget and Impoundment Control Act of 1974 to define: (1) "emergency" as an unanticipated situation that requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and (2) "unanticipated" as an underlying situation that is sudden, which means quickly coming into being or not building up over time, urgent, which means a pressing and compelling need requiring immediate action, unforeseen, which means not predicted or anticipated as an emerging need, and temporary, which means not of a permanent duration. Amends the Congressional Budget Act of 1974 to require that the committee report and any statement of managers accompanying proposed legislation analyze whether a proposed emergency requirement meets such definition of "emergency." Prohibits the consideration of any such legislation that does not meet this "emergency" definition.

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits through fiscal year 2008, to extend paygo for direct spending, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gambling ATM and Credit/Debit Card Reform Act''. SEC. 2. IMPLEMENTATION OF THE NATIONAL GAMBLING IMPACT STUDY COMMISSION'S RECOMMENDATIONS RELATING TO BANKING AND CREDIT. (a) Initiation of Electronic Fund Transfers in Gambling Establishments.--The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is amended-- (1) by redesignating sections 918, 919, 920, and 921 as sections 919, 920, 921, and 922, respectively; and (2) by inserting after section 917 the following new section: ``SEC. 918. PLACEMENT OF ELECTRONIC TERMINALS IN GAMBLING ESTABLISHMENTS. ``(a) In General.--No person may place, or cause to be placed, an electronic terminal in the immediate area of a gambling establishment where any form of wager or bet is made or accepted, any game of chance is played, any gambling device is used, or any other form of gambling is carried on. ``(b) Regulations.-- ``(1) In general.--The Board shall prescribe such regulations as the Board may consider to be appropriate to ensure that the initation of electronic fund transfers by consumers is kept, to the extent practicable, physically segregated from any activity described in subsection (a). ``(2) Separate setting.--Such regulations shall include a clear delineation of the setting in which, and the circumstances under which, any use of an electronic terminal or credit card referred to in paragraph (1) should be conducted in a location physically segregated from an area where any activity described in subsection (a) is routinely carried on. ``(c) Liability.--For purposes of section 915, a failure to comply with the requirements of subsection (a) with regard to any electronic terminal shall be considered a failure to comply with a provision of this title with respect to any consumer who initiates an electronic fund transfer at such terminal while such violation continues. ``(d) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Gambling device.--The term `gambling device' has the meaning given to such term in section 41311(b) of title 49, United States Code. ``(2) Gambling establishment.--The term `gambling establishment' has the meaning given to such term in section 1081 of title 18, United States Code.''. (b) Use of Credit Cards To Initiate Extensions of Credit in Gambling Establishments.-- (1) In general.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following new section: ``SEC. 140. PROHIBITION ON INITIATION OF EXTENSIONS OF CREDIT IN CERTAIN GAMBLING AREAS WITHIN GAMBLING ESTABLISHMENTS. ``(a) In General.--No person may-- ``(1) place, or cause to be placed, an electronic terminal; or ``(2) otherwise accept the use of a credit card by a consumer to initiate a consumer credit transaction to pay for money, property, or services obtained by the consumer, in the immediate area of a gambling establishment where any form of wager or bet is made or accepted, any game of chance is played, any gambling device is used, or any other form of gambling is carried on. ``(b) Regulations.-- ``(1) In general.--The Board shall prescribe such regulations as the Board may consider to be appropriate to ensure that the use of an electronic terminal or the use of a credit card to initiate a consumer credit transaction to pay for money, property, or services obtained by a consumer is kept, to the extent practicable, physically segregated from any activity described in subsection (a). ``(2) Separate setting.--Such regulations shall include a clear delineation of the setting in which, and the circumstances under which, any use of an electronic terminal or credit card referred to in paragraph (1) should be conducted in a location physically segregated from an area where any activity described in subsection (a) is routinely carried on. ``(c) Civil Liability.-- ``(1) In general.--Any person who fails to comply with any provision of this title with respect to any electronic terminal or the acceptance of a credit card to initiate a consumer credit transaction at a place in a gambling establishment that constitutes a violation shall be liable to any consumer who uses the electronic terminal or provides a credit card at such place in an amount equal to the sum of the amounts determined under each of the following subparagraphs: ``(A) Actual damages.--The greater of-- ``(i) the amount of any actual damage sustained by the consumer as a result of such failure; or ``(ii) any amount paid, directly or with the proceeds of the credit transaction, by the consumer to such person. ``(B) Punitive damages.-- ``(i) Individual actions.--In the case of any action by an individual, such additional amount as the court may allow. ``(ii) Class actions.--In the case of a class action, the sum of-- ``(I) the aggregate of the amount which the court may allow for each named plaintiff; and ``(II) the aggregate of the amount which the court may allow for each other class member, without regard to any minimum individual recovery. ``(C) Attorneys' fees.--In the case of any successful action to enforce any liability under subparagraph (A) or (B), the costs of the action, together with reasonable attorneys' fees. ``(2) Factors to be considered in awarding punitive damages.--In determining the amount of any liability of any person under paragraph (1)(B), the court shall consider, among other relevant factors-- ``(A) the frequency and persistence of noncompliance by such person; ``(B) the nature of the noncompliance; ``(C) the extent to which such noncompliance was intentional; and ``(D) in the case of any class action, the number of consumers adversely affected. ``(d) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Electronic terminal.--The term `electronic terminal'-- ``(A) means an electronic device, other than a telephone operated by a consumer, through which a consumer may initiate a consumer credit transaction in payment for any money, property, or services obtained by the consumer; and ``(B) includes point-of-sale terminals, automated teller machines, and cash dispensing machines ``(2) Gambling device.--The term `gambling device' has the meaning given to such term in section 41311(b) of title 49, United States Code. ``(3) Gambling establishment.--The term `gambling establishment' has the meaning given to such term in section 1081 of title 18, United States Code.''. (2) Clerical amendment.--The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 139 the following new item: ``140. Prohibition on initiation of extensions of credit in certain gambling areas within gambling establishments.''.

Gambling ATM and Credit/Debit Card Reform Act - Amends the Electronic Fund Transfer Act and the Truth in Lending Act to prohibit the placement of an electronic terminal for initiating a consumer credit transaction (including an automated teller machine or a point-of-sale terminal) or the acceptance of a credit card to initiate such a transaction in the immediate area of a gambling establishment where any form of gambling is going on. Makes violators of this prohibition liable to consumers for actual and punitive damages.

To implement certain recommendations of the National Gambling Impact Study Commission by prohibiting the placement of automated teller machines or any device by which an extension of credit or an electronic fund transfer may be initiated by a consumer in the immediate area in a gambling establishment where gambling or wagering takes place.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrogen Transportation Wins Over Growing Reliance on Oil (H2 GROW) Act''. SEC. 2. CREDIT FOR INSTALLATION OF HYDROGEN FUELING STATIONS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30D. HYDROGEN-POWERED VEHICLE REFUELING PROPERTY CREDIT. ``(a) Credit Allowed.--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 amount paid or incurred by the taxpayer during the taxable year for qualified hydrogen-powered vehicle refueling property and the installation thereof. ``(b) Year Credit Allowed.--The credit allowed under subsection (a) shall be allowed in the taxable year in which the qualified hydrogen- powered vehicle refueling property is placed in service by the taxpayer. ``(c) Definition of Qualified Hydrogen-Powered Vehicle Refueling Property.--The term `qualified hydrogen-powered vehicle refueling property' means any property (not including a building and its structural components) if-- ``(1) such property is of a character subject to the allowance for depreciation, ``(2) the original use of such property begins with the taxpayer, ``(3) such property is for the production, storage or dispensing of hydrogen fuel into the fuel tank of a motor vehicle propelled by such fuel, and ``(4) such property is located at a facility of the taxpayer from which the taxpayer sells such fuel for dispensing into fuel tanks of motor vehicles of the general public. ``(d) Application With Other Credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, 30, 30B, and 30C, over ``(2) the tentative minimum tax for the taxable year. ``(e) Basis Reduction.--For purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). ``(f) No Double Benefit.--No deduction shall be allowed under section 179A with respect to any property with respect to which a credit is allowed under subsection (a). ``(g) Carryforward Allowed.-- ``(1) In general.--If the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (d) for such taxable year (referred to as the `unused credit year' in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year. ``(2) Rules.--Rules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1). ``(h) Special Rules.--Rules similar to the rules of paragraphs (4) and (5) of section 179A(e) shall apply. ``(i) Regulations.--The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. ``(j) Termination.--This section shall not apply to any property placed in service after December 31, 2013.''. (b) 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 adding at the end the following new paragraph: ``(38) to the extent provided in section 30D(e).''. (2) Section 55(c)(2) of such Code is amended by inserting ``30D(d),'' after ``30C(d)(2),''. (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30C the following new item: ``Sec. 30D. Hydrogen-powered vehicle refueling property credit.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act. SEC. 3. EXCLUSION OF EARNINGS FROM HYDROGEN FUEL SALES. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 136 the following new section: ``SEC. 136A. INCOME FROM HYDROGEN FUEL SALES. ``(a) Exclusion.--Gross income shall not include income attributable to the sale of hydrogen fuel sold at retail for use in a hydrogen vehicle. ``(b) Definition of Hydrogen Vehicle.--For purposes of this section, the term `hydrogen vehicle' means a motor vehicle (as defined in section 30(c)(2)) which is propelled-- ``(1) by power derived from 1 or more cells which convert chemical energy directly into electricity by combining oxygen with hydrogen fuel which is stored on board the vehicle in any form and may or may not require reformation prior to use, or ``(2) by an internal combustion engine that is fueled by hydrogen. ``(c) Termination.--This section shall not apply to income attributable to sales after December 31, 2014.''. (b) Conforming Amendment.--The table of sections for subpart B of part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 136 the following new item: ``Sec. 136A. Income from hydrogen fuel sales''. (c) Effective Date.--The amendments made by this section shall apply to income received after December 31, 2004, in taxable years ending after such date.

Hydrogen Transportation Wins Over Growing Reliance on Oil (H2 GROW) Act - Amends the Internal Revenue Code to allow a tax credit for 50% of the cost of acquiring and installing qualified hydrogen-powered vehicle refueling property (fuel service stations for the retail sale of hydrogen fuel to the general public). Terminates such credit after 2013. Excludes income from the sale of hydrogen fuel sold at retail for use in a hydrogen vehicle from taxpayer gross income. Terminates such tax exclusion after 2014.

To amend the Internal Revenue Code of 1986 to allow a credit for the installation of hydrogen fueling stations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Asia-Pacific Maritime Security Initiative Act of 2016''. SEC. 2. APPROPRIATE COMMITTEES OF CONGRESS DEFINED. In this Act, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. TITLE I--UNITED STATES POLICY ON ASIA-PACIFIC MARITIME SECURITY SEC. 101. STATEMENT OF POLICY ON UNITED STATES INTERESTS IN THE ASIA- PACIFIC MARITIME DOMAINS. It is the policy of the United States that, as a longstanding Asia- Pacific power, the United States has enduring national interests in the Asia-Pacific region, including the South China Sea. These interests include-- (1) the maintenance of peace and stability and the peaceful settlement of disputes; (2) rights, freedom, and lawful uses of the sea in the waters and airspace in the Asia-Pacific maritime domains, which are critical to the prosperity, stability, and security of the Asia-Pacific region; (3) the maintenance of United States alliances and security partnerships in the region; (4) unimpeded lawful and sustainable commerce, to include the cessation of illegal, unreported, and unregulated fishing, joint use and development of the South China Sea's underwater and seabed resources, and support for the ecological sustainment of the South China Sea; and (5) respect for international law. SEC. 102. STATEMENT OF POLICY ON CLAIMS THAT IMPINGE ON RIGHTS, FREEDOMS, AND LAWFUL USE OF THE SEAS. It is the policy of the United States-- (1) to not take a position on the competing territorial claims to land features in the South China Sea; (2) to oppose claims in the maritime domains that impinge on the rights, freedoms, and lawful use of the seas that belong to all nations; (3) to uphold the principle that territorial and maritime claims, including territorial seas, must be derived from land features and otherwise comport with international law; and (4)(A) to note that the decision by the International Tribunal on the Law of the Sea in the case of ``The Republic of Philippines v. The People's Republic of China'' is binding on all parties involved in accordance with international law and pursuant to the Philippines and the treaty obligations of the People's Republic of China; and (B) to call on the parties to abide by the ruling. SEC. 103. STATEMENT OF POLICY ON OPPOSITION TO UNILATERAL ACTIONS TO CHANGE THE STATUS QUO IN THE SOUTH CHINA SEA. It is the policy of the United States-- (1) to oppose the unilateral actions by any claimant seeking to change the status quo in the South China Sea through the use of coercion, intimidation, or military force; (2) to oppose provocative reclamation and island building activities in the South China Sea, including the militarization of any reclaimed features; (3) to oppose actions by any country to prevent any other country from exercising, consistent with international law, its sovereign rights to the resources of the exclusive economic zone (EEZ) and continental shelf by making claims to those areas in the South China Sea that are inconsistent with international law; and (4) to oppose unilateral declarations of administrative and military districts or fishing regulations in contested areas in the South China Sea, which have raised tensions. SEC. 104. STATEMENT OF POLICY AND SENSE OF CONGRESS ON THE COMMITMENT AND SUPPORT OF THE UNITED STATES FOR ALLIES AND PARTNERS IN THE ASIA-PACIFIC REGION. (a) Statement of Policy.--It is the policy of the United States-- (1) to affirm its unwavering commitment and support for allies and partners in the Asia-Pacific region; (2) to reaffirm Article IV of the United States-Philippines Mutual Defense Treaty which provides that ``each Party recognizes that an armed attack on either Party in the Pacific Area on either of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common dangers in accordance with its constitutional processes''; and (3) to affirm that Article V of the United States-Japan Treaty of Mutual Cooperation and Security applies to the Japanese-administered Senkaku Islands. (b) Sense of Congress.--It is the sense of the Congress that the United States should continue supporting the efforts to the Southeast Asian nations to strengthen their maritime security capacity, domain awareness, and integration of their capabilities. SEC. 105. STATEMENT OF POLICY ON EFFORTS OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS AND THE PEOPLE'S REPUBLIC OF CHINA TO DEVELOP AN EFFECTIVE CODE OF CONDUCT. It is the policy of the United States-- (1) to support efforts by the Association of Southeast Asian Nations (ASEAN) and the People's Republic of China to develop an effective Code of Conduct; (2) to encourage claimants not to undertake new or unilateral attempts to change the status quo since the signing of the 2002 Declaration of Conduct, including reclamation activities, asserting provocative administrative measures or controls in disputed areas in the South China Sea, or inhabiting uninhabited land features; and (3) to support efforts by claimants through ASEAN to seek a peaceful settlement of disputes among themselves and with the People's Republic of China. SEC. 106. STATEMENT OF POLICY ON THE CONTINUITY OF OPERATIONS IN THE ASIA-PACIFIC REGION. It is the policy of the United States to assure the continuity of operations in the Asia-Pacific region, including, when appropriate, in cooperation with partners and allies, in order to reaffirm the rights, freedoms, and lawful uses of the sea and airspace in accordance with international law. TITLE II--MARITIME CAPACITY BUILDING ASSISTANCE SEC. 201. PRIORITIES FOR MARITIME CAPACITY BUILDING ASSISTANCE. (a) Selection of Countries.--In selecting countries in the Asia- Pacific region with respect to the provision of maritime capacity building assistance, the Secretary of State may prioritize those countries that will contribute to the achievement of following objectives: (1) Retaining unhindered lawful access to and use of waterways in the Asia-Pacific region that are critical to ensuring the security and free flow of commerce and achieving United States national security objectives. (2) Improving maritime domain awareness in the Asia-Pacific region. (3) Countering piracy in the Asia-Pacific region. (4) Disrupting illicit maritime trafficking activities and other forms of maritime trafficking activity in the Asia- Pacific that directly benefit organizations that have been determined to be a security threat to the United States. (5) Enhancing the maritime capabilities of a country or regional organization to respond to emerging threats to maritime security in the Asia-Pacific region. (b) Priorities.--In carrying out the provision of maritime capacity building under subsection (a)-- (1) priority may be placed on assistance to enhance the maritime security capabilities of the military or security forces of countries in the Asia-Pacific region that have maritime missions and the government agencies responsible for such forces; and (2) assistance may be provided to countries in the Asia- Pacific region to enhance the capabilities of such countries, or of regional organizations that includes such countries, to conduct-- (A) maritime intelligence, surveillance, and reconnaissance; (B) littoral and port security; (C) Coast Guard operations; (D) command and control; and (E) management and oversight of maritime activities. (c) Annual Report.--The Secretary of State shall include in the report required to be submitted under section 802 information on the status of the provision of equipment, training, supplies, or other services provided pursuant to maritime capacity building in the Asia- Pacific in the preceding year. SEC. 202. SECURITY ASSISTANCE COORDINATION. The Secretary of State should seek to develop a bilateral memorandum of understanding with each of the Governments of the Philippines, Malaysia, Vietnam, and Indonesia to outline the delivery of planned maritime security capabilities to assist such countries, consistent with this Act and subject to availability of appropriations, through fiscal year 2020. Each memorandum of understanding should account for Foreign Military Financing program and any other United States security assistance authorities and programs provided to the relevant country. TITLE III--INTERNATIONAL MILITARY EDUCATION AND TRAINING SEC. 301. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of State $15,000,000 for each of the fiscal years 2017 through 2020 for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et seq.) (relating to international military education and training) for the Asia-Pacific region in accordance with the provisions of this Act. TITLE IV--FOREIGN MILITARY FINANCING PROGRAM SEC. 401. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the President $10,000,000 for fiscal year 2017 for assistance under section 23 of the Arms Export Control Act (22 U.S.C. 2763) (relating to Foreign Military Financing program) for the Asia-Pacific region in accordance with the provisions of this Act. TITLE V--MARITIME LAW ENFORCEMENT INITIATIVE SEC. 501. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of State $10,000,000 for fiscal year 2017 for International Narcotics Control and Law Enforcement assistance for the support of the Southeast Asia Maritime Law Enforcement Initiative, including the development of integrated, regional capabilities to better understand the surrounding maritime space by maritime law enforcement authorities in the following countries and among the following countries on a regional basis: (1) The Philippines. (2) Malaysia. (3) Vietnam. (4) Indonesia. TITLE VI--TRANSFER OF EXCESS DEFENSE ARTICLES SEC. 601. PRIORITY FOR TRANSFER OF EXCESS DEFENSE ARTICLES. Section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)) is amended-- (1) by striking ``Notwithstanding'' and inserting ``(A) Notwithstanding''; (2) by striking ``and to the Philippines'' and inserting ``to the Philippines, and, subject to subparagraph (B), to Malaysia, Vietnam, and Indonesia''; and (3) by adding at the end the following: ``(B) The authority of subparagraph (A) to provide priority to the delivery of excess defense articles under this section to Malaysia, Vietnam, and Indonesia shall apply only with respect to excess defense articles used for maritime security- related missions, including excess defense articles for purposes of patrols, intelligence, surveillance, and reconnaissance.''. SEC. 602. SENSE OF CONGRESS ON TRANSFER OF NAVAL VESSEL. It is the sense of Congress that the maritime security of United States allies and partners bordering the South China Sea would be enhanced by the transfer of an Oliver Hazard Perry class frigate to an appropriate country in the region. Congress urges the Secretary of State to begin the process of consulting with Congress on the transfer of such a vessel as soon as possible. TITLE VII--EQUALITY OF TREATMENT IN ARMS SALES FOR TAIWAN SEC. 701. EQUALITY OF TREATMENT IN ARMS SALES FOR TAIWAN. (a) In General.--The President shall ensure that the United States Government treats every proposed arms sales for Taiwan with the same timelines, processes, and procedures, including formal notification to Congress under the Arms Export Control Act (22 U.S.C. 2751 et seq.), accorded to proposed arms transfers for all other countries. (b) Report.--Not later than 1 year after the date of the enactment of this Act, and every 5 years thereafter, the Secretary of State shall review and report to the appropriate committees of Congress on the compliance of the United States Government with the requirements of subsection (a). TITLE VIII--REPORTS SEC. 801. REPORT ON PLANS FOR THE MAINTENANCE OF RIGHTS, FREEDOMS, AND LAWFUL USES OF THE SEAS AND AIRSPACE IN THE ASIA-PACIFIC MARITIME DOMAINS. Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate committees of Congress a report in classified form setting forth a plan, for each 1-year and 5-year periods beginning on the date of such report, that details all freedom of navigation assertions, shows of force, bilateral and multilateral military exercises, port calls, and training intended to enhance the maritime capabilities, respond to emerging threats, and maintain freedom of operations, consistent with international law, in international waters and airspace in the Asia-Pacific maritime domains. SEC. 802. REPORT ON PLANS FOR PARTNER CAPACITY BUILDING. Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report (in classified or unclassified form) setting forth a plan, for each 1-year and 5-year period beginning on the date of such report, for security assistance and capacity building intended to enhance the maritime capabilities, respond to emerging threats, and maintain freedom of operations, consistent with international law, in the waters and airspace in the Asia-Pacific maritime domains.

Asia-Pacific Maritime Security Initiative Act of 2016 This bill expresses the sense of Congress that: (1) the United States should support the efforts of the Southeast Asian nations to strengthen their maritime security capacity, and (2) the maritime security of U.S. allies and partners bordering the South China Sea would be enhanced by the transfer of an Oliver Hazard Perry class frigate to an appropriate regional country. In selecting Asia-Pacific region countries to receive maritime capacity building assistance, the Department of State may prioritize those countries that will contribute to achieving the following regional objectives: retaining access to waterways that are critical to the security and free flow of commerce and U.S. security objectives, improving maritime domain awareness, countering piracy, disrupting maritime trafficking that benefits organizations that are threats to U.S. security, and enhancing country or regional organization capabilities to respond to emerging maritime security threats. The bill urges the State Department to seek a bilateral memorandum of understanding with each of the governments of the Philippines, Malaysia, Vietnam, and Indonesia to outline the delivery of planned maritime security capabilities through FY2020. The bill authorizes: (1) international military education/training and foreign military financing for the Asia-Pacific region, and (2) the Southeast Asia Maritime Law Enforcement Initiative. The Foreign Assistance Act of 1961 is amended to provide priority delivery of excess defense articles to Malaysia, Vietnam, and Indonesia for articles that are used for maritime security-related missions. The President shall ensure that the U.S. government treats proposed arms sales for Taiwan with the same procedures that are accorded to all other countries.

Asia-Pacific Maritime Security Initiative Act of 2016

SECTION 1. SHORT TITLE, REFERENCE. (a) Short Title.--This Act may be cited as the ``S Corporation Modernization Act of 2007''. (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. REDUCED RECOGNITION PERIOD FOR BUILT-IN GAINS. (a) In General.--Paragraph (7) of section 1374(d) (relating to definitions and special rules) is amended as follows: ``(7) Recognition period.--The term `recognition period' means the 7-year period beginning with the 1st day of the 1st taxable year for which the corporation was an S corporation. For purposes of applying this section to any amount includible in income by reason of distributions to shareholders pursuant to section 593(e), the preceding sentence shall be applied without regard to the duration of the recognition period in effect on the date of such distribution.''. (b) Effective Date.--The amendment made by this section-- (1) shall apply for purposes of determining the recognition period with respect to 1st days referred to in section 1374(d)(7) of the Internal Revenue Code of 1986 occurring before, on, or after the date of the enactment of this Act, but (2) shall not apply for purposes of determining the tax imposed by section 1374 of such Code for taxable years ending before such date. SEC. 3. EXPANSION OF QUALIFYING BENEFICIARIES OF AN ELECTING SMALL BUSINESS TRUST. (a) No Look Through for Eligibility Purposes.--Clause (v) of section 1361(c)(2)(B) (relating to treatment as shareholders) is amended by adding at the end the following new sentence: ``This clause shall not apply for purposes of subsection (b)(1)(C).''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 4. REPEAL OF EXCESSIVE PASSIVE INVESTMENT INCOME AS A TERMINATION EVENT. (a) In General.--Section 1362(d) (relating to termination) is amended by striking paragraph (3). (b) Conforming Amendments.-- (1) Section 1362(f)(1) is amended by striking ``or (3)''. (2) Clause (i) of section 1042(c)(4)(A) is amended by striking ``section 1362(d)(3)(C)'' and inserting ``section 1375(b)(3)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 5. MODIFICATIONS TO PASSIVE INCOME RULES. (a) Increased Limit.-- (1) In general.--Paragraph (2) of section 1375(a) (relating to tax imposed when passive investment income of corporation having accumulated earnings and profits exceeds 25 percent of gross receipts) is amended by striking ``25 percent'' and inserting ``60 percent''. (2) Conforming amendments.-- (A) Subparagraph (J) of section 26(b)(2) is amended by striking ``25 percent'' and inserting ``60 percent''. (B) Clause (i) of section 1375(b)(1)(A) is amended by striking ``25 percent'' and inserting ``60 percent''. (C) The heading for section 1375 is amended by striking ``25 percent'' and inserting ``60 percent''. (D) The table of sections for part III of subchapter S of chapter 1 is amended by striking ``25 percent'' in the item relating to section 1375 and inserting ``60 percent''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 6. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE IRAS. (a) In General.--Clause (vi) of section 1361(c)(2)(A) (relating to certain trusts permitted as shareholders) is amended to read as follows: ``(vi) A trust which constitutes an individual retirement account under section 408(a), including one designated as a Roth IRA under section 408A.''. (b) Sale of Stock in IRA Relating to S Corporation Election Exempt From Prohibited Transaction Rules.--Paragraph (16) of section 4975(d) (relating to exemptions) is amended to read as follows: ``(16) a sale of stock held by a trust which constitutes an individual retirement account under section 408(a) to the individual for whose benefit such account is established if-- ``(A) such sale is pursuant to an election under section 1362(a) by the issuer of such stock, ``(B) such sale is for fair market value at the time of sale (as established by an independent appraiser) and the terms of the sale are otherwise at least as favorable to such trust as the terms that would apply on a sale to an unrelated party, ``(C) such trust does not pay any commissions, costs, or other expenses in connection with the sale, and ``(D) the stock is sold in a single transaction for cash not later than 120 days after the S corporation election is made.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 7. ALLOWANCE OF DEDUCTION FOR CHARITABLE CONTRIBUTIONS FOR ELECTING SMALL BUSINESS TRUSTS. (a) In General.--Section 641(c)(2)(C) (relating to modifications) is amended by adding at the end the following new sentence: ``The deduction for charitable contributions allowed under clause (i) shall be determined without regard to section 642(c), and the limitations imposed by section 170(b)(1) on the amount of the deduction shall be applied to the electing small business trust as if it were an individual.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 8. ENTITY NEUTRALITY STUDY. Not later than December 31, 2009, the Comptroller General of the United States shall conduct a study on entity neutrality under the Internal Revenue Code of 1986 and shall submit a report to the Committee on Ways and Means of the House of Representatives which-- (1) discusses the challenges to providing equal treatment between S corporations and limited liability companies under the Internal Revenue Code of 1986, (2) identifies the differences under the Internal Revenue Code of 1986 between the various pass-through entity rules, and (3) discusses why entities would prefer one set of rules over another.

S Corporation Modernization Act of 2007 - Amends the Internal Revenue Code to revise the tax treatment of S corporations, including by: (1) reducing from 10 to 7 years the period during which S corporation built-in gains are subject to tax; (2) allowing nonresident aliens to qualify as beneficiaries of an electing small business trust (ESBT); (3) repealing mandatory termination of S corporation elections for excessive passive investment income; (4) allowing S corporations to increase passive investment income from 25 to 60% without incurring additional tax; (5) allowing individual retirement accounts to be S corporation shareholders; and (6) allowing ESBTs to claim expanded charitable tax deductions. Directs the Comptroller General to study and report to Congress on entity neutrality under the Internal Revenue Code with respect to S corporations, limited liability companies, and other pass-through entities.

To amend the Internal Revenue Code of 1986 to provide for S corporation reform, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep American Jobs from Going Down the Drain Act''. SEC. 2. REQUIREMENT FOR USE OF AMERICAN MATERIALS IN PUBLIC WATER SYSTEMS. Section 1452(a) of the Safe Drinking Water Act (42 U.S.C. 300j- 12(a)) is amended by adding at the end the following: ``(4) Requirement for use of american materials.-- ``(A) In general.--Notwithstanding any other provision of law, none of the funds made available by a State loan fund as authorized under this section may be used for a project for the construction, alteration, maintenance, or repair of a public water system unless the steel, iron, and manufactured goods used in such project are produced in the United States. ``(B) Waivers.--Subparagraph (A) shall not apply in any case in which the Administrator, in consultation with the Governor of the State, finds that-- ``(i) applying subparagraph (A) would be inconsistent with the public interest; ``(ii) the steel, iron, and manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or ``(iii) inclusion of steel, iron, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. ``(C) Public notification and written justification for waiver.--If the Administrator determines that it is necessary to waive the application of subparagraph (A) based on a finding under subparagraph (B), the Administrator shall-- ``(i) not less than 15 days prior to waiving the application of subparagraph (A), provide public notice and the opportunity to comment on the Administrator's intent to issue such waiver; and ``(ii) upon issuing such waiver, publish in the Federal Register a detailed written justification as to why the provision is being waived. ``(D) Consistency with international agreements.-- This paragraph shall be applied in a manner consistent with United States obligations under international agreements.''. SEC. 3. REQUIREMENT FOR USE OF AMERICAN MATERIALS IN TREATMENT WORKS. Title VI Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) is amended-- (1) by redesignating section 607 as section 608; and (2) by inserting after section 606 the following: ``SEC. 607. REQUIREMENT FOR USE OF AMERICAN MATERIALS. ``(a) In General.--Notwithstanding any other provision of law, none of the funds made available by a State water pollution control revolving fund as authorized under this title may be used for the construction, alteration, maintenance, or repair of treatment works unless the steel, iron, and manufactured goods used in such treatment works are produced in the United States. ``(b) Waivers.--Subsection (a) shall not apply in any case in which the Administrator, in consultation with the Governor of the State, finds that-- ``(1) applying subsection (a) would be inconsistent with the public interest; ``(2) the steel, iron, and manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or ``(3) inclusion of steel, iron, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. ``(c) Public Notification and Written Justification for Waiver.--If the Administrator determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Administrator shall-- ``(1) not less than 15 days prior to waiving application of subsection (a), provide public notice and the opportunity to comment on the Administrator's intent to issue such waiver; and ``(2) upon issuing such waiver, publish in the Federal Register a detailed written justification as to why the provision is being waived. ``(d) Consistency With International Agreements.--This section shall be applied in a manner consistent with United States obligations under international agreements.''.

Keep American Jobs from Going Down the Drain Act - Amends the Safe Drinking Water Act and the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the use of funds made available from a state loan fund or a state water pollution control revolving fund, respectively, from being used for a project for the construction, alteration, maintenance, or repair of a public water system unless the steel, iron, and manufactured goods used in such project are produced in the United States. Waives such requirement when the Administrator of the Environmental Protection Agency (EPA), in consultation with the relevant governor, finds that: (1) applying such requirement would be inconsistent with the public interest; (2) such goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of such goods will increase the cost of the overall project by more than 25%. Requires the Administrator to: (1) provide public notice and the opportunity to comment on the Administrator's intent to issue a waiver no less than 15 days prior to waiving such requirements; and (2) publish a justification of any waiver issued.

To require the use of American iron, steel, and manufactured goods in the construction, alteration, and repair of public water systems and treatment works.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Robert M. La Follette, Sr. Commemorative Coin Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Robert M. La Follette, Sr., better known as ``Fighting Bob'' La Follette, was born 150 years ago, on June 14, 1855, in Primrose, Wisconsin. (2) Fighting Bob was elected to 3 terms in the United States House of Representatives, 3 terms as Governor of Wisconsin, and 4 terms as a United States Senator. (3) Fighting Bob founded the Progressive wing of the Republican Party. (4) Fighting Bob was a lifelong supporter of civil rights and women's suffrage, earning respect and support from such distinguished Americans as Frederick Douglass and Harriet Tubman Upton. (5) Fighting Bob helped to make the ``Wisconsin Idea'' a reality at the Federal and State level, instituting election reforms, environmental conservation, railroad rate regulation, increased education funding, and business regulation. (6) Fighting Bob was a principal advocate for the Seventeenth Amendment to the Constitution of the United States, which calls for the election of United States Senators by popular vote. (7) Fighting Bob delivered an historic speech, ``Free Speech in Wartime'', opposing the public persecution of those who sought to hold their Government accountable. (8) Fighting Bob played a key role in exposing the corruption during the Teapot Dome Scandal. (9) Fighting Bob and his wife, Belle Case La Follette, founded La Follette's Weekly, now renamed The Progressive, a monthly magazine for the Progressive community. (10) Fighting Bob ran for the presidency on the Progressive ticket in 1924, winning more than 17 percent of the popular vote. (11) The Library of Congress recognized Fighting Bob in 1985 by naming the Congressional Research Service reading room in the Madison Building in honor of both Robert M. La Follette, Sr., and his son, Robert M. La Follette, Jr., for their shared commitment to the development of a legislative research service to support the United States Congress. (12) Fighting Bob was honored in 1929 with 1 of 2 statues representing the State of Wisconsin in National Statuary Hall in the United States Capitol. (13) Fighting Bob was chosen as 1 of ``Five Outstanding Senators'' by the Special Committee on the Senate Reception Room in 1957. (14) A portrait of Fighting Bob was unveiled in the Senate Reception Room in March 1959. (15) Fighting Bob was revered by his supporters for his unwavering support of his ideals, and for his tenacious pursuit of a more just and accountable Government. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins in commemoration of Robert M. La Follette, Sr., each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be developed in consultation with artists from the State of Wisconsin, and shall be emblematic of the life and accomplishments of Robert M. La Follette, Sr. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year in which the coin is minted; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with artists from the State of Wisconsin and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the calendar year beginning on January 1, 2006. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins minted under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (b) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Surcharges.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. (c) Bulk Sales.--The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount. (d) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. DISTRIBUTION OF SURCHARGES. Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins minted under this Act shall be deposited into the United States Mint Public Enterprise Fund. SEC. 8. 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.

Robert M. La Follette, Sr. Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins in commemoration of Robert M. La Follette, Sr., and emblematic of his life and accomplishments. Restricts coin issuance to calendar year 2006. Imposes a surcharge of $10 per coin, to be deposited into the United States Mint Public Enterprise Fund.

A bill to require the Secretary of the Treasury to mint coins in commemoration of Robert M. La Follette, Sr., in recognition of his important contributions to the Progressive movement, the State of Wisconsin, and the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Education Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) A national commitment should be established that all children have access to high quality early education. (2) Research suggests that a child's early years are critical to the development of the brain. Early brain development is an important component of educational and intellectual achievement. (3) The National Research Council of the National Academy of Sciences reported that early education opportunities are necessary if children are going to develop the language and literacy skills necessary to learn to read. (4) Evaluations of early education programs demonstrate that compared to children with similar backgrounds who have not participated in early education programs, children who participate in such programs-- (A) perform better on reading and mathematics achievement tests; (B) are more likely to stay academically near their grade level and make normal academic progress throughout elementary school; (C) are less likely to be held back a grade or require special education services in elementary school; (D) show greater learning retention, initiative, creativity, and social competency; and (E) are more enthusiastic about school and are more likely to have good attendance records. (5) Studies have estimated that for every dollar invested in quality early education, about 7 dollars are saved in later costs. SEC. 3. EARLY EDUCATION. The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by adding at the end the following: ``TITLE X--EARLY EDUCATION ``SEC. 10001. EARLY EDUCATION PROGRAM. ``(a) Definition of Early Education.--In this section, the term `early education' means not less than a half-day of schooling each week day during the academic year preceding the academic year a child enters kindergarten. ``(b) Purpose.--The purpose of this section is to establish a program to develop the foundation of early literacy and numerical training among young children by helping State educational agencies expand the education system to include early education for all children. ``(c) Program Authorized.-- ``(1) In general.--The Secretary is authorized to award grants to not less than 10 State educational agencies to enable the State educational agencies to expand the education system with programs that provide early education. ``(2) Matching requirement.--The amount provided to a State educational agency under paragraph (1) shall not exceed 50 percent of the cost of the program described in the application submitted pursuant to subsection (d). ``(3) Requirements.--Each program assisted under this section-- ``(A) shall be carried out by 1 or more local educational agencies, as selected by the State educational agency; ``(B) shall be carried out-- ``(i) in a public school building; or ``(ii) in another facility by, or through a contract or agreement with, a local educational agency carrying out the program; ``(C) shall be available to all children served by such local educational agency; and ``(D) shall only involve instructors who are licensed or certified in accordance with applicable State law. ``(d) Application.--Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall-- ``(1) include a description of-- ``(A) the program to be assisted under this section; and ``(B) how the program will meet the purpose of this section; and ``(2) contain a statement of the total cost of the program and the source of the matching funds for the program. ``(e) Secretarial Authority.--In order to carry out the purpose of this section, the Secretary-- ``(1) shall establish a system for the monitoring and evaluation of, and shall annually report to Congress regarding, the programs funded under this section; and ``(2) may establish any other policies, procedures, or requirements, with respect to the programs. ``(f) Supplement Not Supplant.--Funds made available under this section shall be used to supplement, not supplant, other Federal, State, or local funds, including funds provided under Federal programs such as the Head Start programs carried out under the Head Start Act and the Even Start family literacy program carried out under subpart 3 of part B of title I. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $300,000,000 for each of the fiscal years 2008 through 2012.''. SEC. 4. CONFORMING AMENDMENT. The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``TITLE X--EARLY EDUCATION ``Sec. 10001. Early education program.''.

Early Education Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award matching grants to at least ten states to establish early education programs providing children with at least a half-day of schooling each week day during the academic year preceding kindergarten. Requires each program to: (1) be carried out by one or more local educational agencies (LEAs), chosen by the state; (2) be available to all children served by the LEA or LEAs carrying out the program; and (3) involve only licensed or certified instructors.

A bill to amend the Elementary and Secondary Education Act of 1965 to establish a program to help States expand the educational system to include at least 1 year of early education preceding the year a child enters kindergarten.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clinical Research Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) Strong academic health centers are essential to a vigorous clinical research enterprise. (2) Breakthroughs in basic biomedical sciences over the past 5 decades have provided an unprecedented supply of information for improving human health and preventing disease. (3) Translating the information gained through these basic discoveries into knowledge that will impact clinical practice and ultimately human health requires strong clinical research institutions. (4) The enhancement of clinical research career programs and opportunity will sustain the momentum of the discovery, development, and delivery of important health advances. (5) Without a sound infrastructure to accomplish this translation in a systematic and coherent way, the sum of data and information produced by the basic science enterprise will not result in tangible public benefit. (6) The clinical research environment is increasingly encumbered by incompatible databases, shortage of qualified investigators, rising costs, inadequate funding, and mounting unreimbursed regulatory burdens such as human subject research protections and additional record-keeping requirements under the Health Insurance Portability and Accountability Act of 1996. SEC. 3. DEFINITIONS. In this Act: (1) Clinical research.--The term ``clinical research'' means-- (A) patient-oriented clinical research conducted with human subjects; (B) research on the causes and consequences of disease in human populations involving material of human origin (such as tissue specimens and cognitive phenomena) for which an investigator or colleague directly interacts with human subjects in an outpatient or inpatient setting to clarify a problem in human physiology, pathophysiology or disease; (C) epidemiologic or behavioral studies; (D) outcomes research; (E) health services research; or (F) development of new technologies, therapeutic interventions, or clinical trials. (2) Director.--The term ``Director'' means the Director of the National Institutes of Health. (3) Eligible academic health center.--The term ``eligible academic health center'' means an academic institution and an affiliated teaching hospital, a teaching hospital, an independent research institute, or a consortium of research institutions which conduct clinical research and receive funds from the Department of Health and Human Services for basic, applied, or clinical biomedical or behavioral research in the fields of dentistry, medicine, or nursing. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. CLINICAL INVESTIGATOR ADVANCEMENT GRANTS. (a) Authorization.--For the purposes described in subsection (b), the Director shall make a clinical investigator advancement grant in the amount determined under subsection (d) to each eligible academic health center that submits an application in accordance with this section. (b) Purposes.--A grant under this section to an eligible academic health center shall be used only for the following purposes: (1) To establish career development programs for new and mid-level clinician-investigators who are fully committed to academic clinical research careers. (2) To support the translation of basic science to patient care by implementing and conducting all aspects of their clinical research mission. (3) To support activities leading to innovative ways to meet the purposes described in paragraphs (1) and (2) in an efficient and cost effective manner. (c) Career Development Programs.-- (1) Use of funds.--In implementing a career development program under subsection (b)(1), the Director may conduct or support activities to provide financial assistance and other support to-- (A) young clinical researchers receiving peer- reviewed grants who wish to make the transition to research independence; (B) experienced scientists who wish to broaden their scientific capabilities; and (C) other medical personnel who are critical to the conduct of clinical research activities. (2) Salary cap.--Notwithstanding paragraph (1), no funds under this section may be used to increase the rate of pay of an individual to a rate greater than the rate of basic pay for level I of the Executive Schedule. (d) Allocation.--Of the amount appropriated to carry out this section for a fiscal year, the Director shall allocate such appropriated amount among the eligible academic health centers receiving a grant under this section in an amount that bears the same relation to such appropriated amount as the investment in clinical research of the grantee involved bears to the total investment in clinical research of all eligible grantees under this section. (e) Applications.--To seek a grant under this section, an eligible academic health center shall submit an application to the Director in such manner, at such time, and containing such information and assurances as the Director may require. (f) Reports.--The Director shall require each recipient of a grant under this section to submit an annual report to the Director detailing how the recipient has used the grant to meet the purposes described in subsection (b). (g) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $40,000,000 for each of the fiscal years 2006 through 2010. SEC. 5. CLINICAL RESEARCH INFRASTRUCTURE GRANTS. (a) Authorization.--The Director shall make clinical research infrastructure grants on a competitive basis to eligible academic health centers. (b) Use of Funds.--The Director may not make a grant to an eligible academic health center under this section unless the center agrees to use the grant only for the following: (1) Fostering the use of information technology to facilitate the transformation of basic research findings on disease mechanisms into the development of new methodologies for diagnosis, therapy, and prevention. (2) To devise, deploy, and support new technologies that facilitate the clinical investigators' ability to-- (A) improve the safety of human subjects in clinical research; (B) ensure the confidentiality of research data; and (C) streamline the regulatory processes to ensure better compliance for clinical research. (3) Addressing the many obstacles impeding the expeditious application of new science, such as-- (A) a lack of up-to-date information technology systems; (B) incompatible databases; (C) a lack of connectivity between academic health centers, teaching hospitals, and independent research institutes; (D) the absence of a coordinated strategy to enhance public understanding of, support for, and participation in clinical research; and (E) the underrepresentation of some populations in clinical research. (4) Sharing clinical research infrastructure across academic health centers to enable and facilitate cross-center clinical research collaborations. (c) Reports.--The Director shall require each recipient of a grant under this section to submit an annual report to the Director detailing how the recipient has used the grant to meet the objectives described in subsection (b). (d) Applications.--To seek a grant under this section, an eligible academic health center shall submit an application to the Director in such manner, at such time, and containing such information and assurances as the Director may require. (e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $125,000,000 for each of fiscal years 2006 through 2010. SEC. 6. DEMONSTRATION PROGRAM ON PARTNERSHIPS IN CLINICAL RESEARCH. (a) Grants.--The Secretary may make grants to not more than 5 eligible academic health centers to form partnerships between the center involved and health care providers for carrying out clinical human subject research for the purpose of demonstrating how academic research centers may collaborate with the practicing health care community in such research. (b) Maximum Amount.--The Secretary may not make a grant to any eligible academic health center under this section in an amount that is greater than $5,000,000. (c) Applications.--To seek a grant under this section, an eligible academic health center shall submit an application to the Director in such manner, at such time, and containing such information and assurances as the Director may require. (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $25,000,000 for the period of fiscal years 2006 through 2010.

Clinical Research Act of 2005 - Requires the Director of the National Institutes of Health (NIH) to award clinical investigator advancement grants to eligible academic health centers to: (1) establish career development programs for new and mid-level clinician-investigators who are fully committed to academic clinical research careers; (2) support the translation of basic science to patient care by implementing and conducting all aspects of their clinical research mission; and (3) support activities leading to innovative ways to achieve such purposes in an efficient and cost-effective manner. Requires that health centers receive a proportionate share of the total grant money awarded based on the amount invested by the grantee in clinical research compared to the total clinical research investment of all grantees. Requires the Director to award clinical research infrastructure grants to eligible academic health centers to: (1) foster the use of information technology to facilitate the transformation of basic research findings on disease mechanisms into the development of new methodologies for diagnosis, therapy, and prevention; (2) devise, deploy, and support new technologies to improve the safety of human subjects, ensure the confidentiality of research data, and streamline the regulatory processes; (3) address the obstacles impeding the expeditious application of new science, including a lack of up-to-date information technology systems and an underrepresentation of some populations in clinical research; and (4) share clinical research infrastructure across academic health centers to enable and facilitate cross-center clinical research collaborations. Allows the Secretary of Health and Human Services to make up to five grants to eligible academic health centers to form partnerships with health care providers for carrying out clinical human subject research to demonstrate how academic research centers may collaborate with the practicing health care community.

A bill to provide for clinical research support grants, clinical research infrastructure grants, and a demonstration program on partnerships in clinical research, and for other purposes.

SECTION 1. 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. TITLE I--ENHANCED-USE LEAS- ES OF DEPARTMENT OF VETERANS AFFAIRS REAL PROPERTY SEC. 101. EXPANSION OF AUTHORITY FOR ENHANCED-USE LEASES OF DEPARTMENT OF VETERANS AFFAIRS REAL PROPERTY. (a) Five-Year Extension of Authority.--Section 8169 is amended by striking out ``December 31, 1997'' and inserting in lieu thereof ``December 31, 2002''. (b) Repeal of Limitation on Number of Agreements.--(1) Section 8168 is repealed. (2) The table of sections at the beginning of chapter 81 is amended by striking out the item relating to section 8168. TITLE II--RENAMING PROVISIONS SEC. 201. RENAMING OF THE COURT OF VETERANS APPEALS. (a) In General.--(1) The United States Court of Veterans Appeals shall hereafter be known and designated as the United States Court of Appeals for Veterans Claims. (2) Section 7251 is amended by striking out ``United States Court of Veterans Appeals'' and inserting in lieu thereof ``United States Court of Appeals for Veterans Claims''. (b) Conforming Amendments.-- (1) The following sections are amended by striking out ``Court of Veterans Appeals'' each place it appears and inserting in lieu thereof ``Court of Appeals for Veterans Claims'': sections 5904, 7101(b), 7252(a), 7253, 7254, 7255, 7256, 7261, 7262, 7263, 7264, 7266(a)(1), 7267(a), 7268(a), 7269, 7281(a), 7282(a), 7283, 7284, 7285(a), 7286, 7291, 7292, 7296, 7297, and 7298. (2)(A)(i) The heading of section 7286 is amended to read as follows: ``Sec. 7286. Judicial Conference of the Court of Appeals for Veterans Claims''. (ii) The item relating to section 7286 in the table of sections at the beginning of chapter 72 is amended to read as follows: ``7286. Judicial Conference of the Court of Appeals for Veterans Claims.''. (B)(i) The heading of section 7291 is amended to read as follows: ``Sec. 7291. Date when United States Court of Appeals for Veterans Claims decision becomes final''. (ii) The item relating to section 7291 in the table of sections at the beginning of chapter 72 is amended to read as follows: ``7291. Date when United States Court of Appeals for Veterans Claims decision becomes final.''. (C)(i) The heading of section 7298 is amended to read as follows: ``Sec. 7298. Court of Appeals for Veterans Claims Retirement Fund''. (ii) The item relating to section 7298 in the table of sections at the beginning of chapter 72 is amended to read as follows: ``7298. Court of Appeals for Veterans Claims Retirement Fund.''. (3) The item relating to chapter 72 in the table of chapters at the beginning of title 38 and the item relating to such chapter in the table of chapters at the beginning of part V are amended to read as follows: ``72. United States Court of Appeals for Veterans Claims 7251''. (c) Conforming Amendments to Other Laws.-- (1) The following provisions of law are amended by striking out ``Court of Veterans Appeals'' each place it appears and inserting in lieu thereof ``Court of Appeals for Veterans Claims'': (A) Section 8440d of title 5, United States Code. (B) Section 2412 of title 28, United States Code. (C) Section 906 of title 44, United States Code. (D) Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.). (2)(A) The heading of section 8440d of title 5, United States Code, is amended to read as follows: ``Sec. 8440d. Judges of the United States Court of Appeals for Veterans Claims''. (B) The item relating to such section in the table of sections at the beginning of chapter 84 of such title is amended to read as follows: ``8440d. Judges of the United States Court of Appeals for Veterans Claims.''. (d) Other Legal References.--Any reference in a law, regulation, document, paper, or other record of the United States to the United States Court of Veterans Appeals shall be deemed to be a reference to the United States Court of Appeals for Veterans Claims. SEC. 202. REDESIGNATION OF NATIONAL CEMETERY SYSTEM. (a) Redesignation as National Cemetery Administration.--(1) The National Cemetery System of the Department of Veterans Affairs shall hereafter be known and designated as the National Cemetery Administration. The position of Director of the National Cemetery System is hereby redesignated as Assistant Secretary of Veterans Affairs for Memorial Affairs. (2) Section 301(c)(4) is amended by striking out ``National Cemetery System'' and inserting in lieu thereof ``National Cemetery Administration''. (3) Section 307 of such title is amended-- (A) in the first sentence, by striking out ``a Director of the National Cemetery System'' and inserting in lieu thereof ``an Assistant Secretary for Memorial Affairs''; and (B) in the second sentence, by striking out ``The Director'' and all that follows through ``National Cemetery System'' and inserting in lieu thereof ``The Assistant Secretary is the head of the National Cemetery Administration''. (b) Conforming Amendments.-- (1)(A) The heading of section 307 is amended to read as follows: ``Sec. 307. Assistant Secretary for Memorial Affairs''. (B) The item relating to section 307 in the table of sections at the beginning of chapter 3 is amended to read as follows: ``307. Assistant Secretary for Memorial Affairs.''. (2) Section 308 is amended-- (A) in subsection (a), by inserting before the period at the end of the first sentence ``, in addition to the Assistant Secretary for Memorial Affairs''; (B) in subsection (b), by inserting ``other than the Assistant Secretary for Memorial Affairs'' after ``Assistant Secretaries''; and (C) in subsection (c), by inserting ``pursuant to subsection (b)'' after ``Assistant Secretary''. (3) Section 2306(d) is amended by striking out ``within the National Cemetery System'' each place such term appears and inserting in lieu thereof ``under the control of the National Cemetery Administration''. (4) Section 2400 is amended-- (A) in subsection (a)-- (i) by striking out ``National Cemetery System'' and inserting in lieu thereof ``National Cemetery Administration responsible''; and (ii) in the second sentence, by striking out ``Such system'' and all that follows through ``National Cemetery System'' and inserting in lieu thereof ``The National Cemetery Administration shall be headed by the Assistant Secretary for Memorial Affairs''; (B) in subsection (b), by striking out ``National Cemetery System'' and inserting in lieu thereof ``national cemeteries and other facilities under the control of the National Cemetery Administration''; and (C) by amending the heading to read as follows: ``Sec. 2400. Establishment of National Cemetery Administration; composition of Administration''. (5) The item relating to section 2400 in the table of sections at the beginning of chapter 24 is amended to read as follows: ``2400. Establishment of National Cemetery Administration; composition of Administration.''. (6) Section 2402 is amended in the matter preceding paragraph (1) by striking out ``in the National Cemetery System'' and inserting in lieu thereof ``under the control of the National Cemetery Administration''. (7) Section 2403(c) is amended by striking out ``in the National Cemetery System created by this chapter'' and inserting in lieu thereof ``under the control of the National Cemetery Administration''. (8) Section 2405(c) is amended-- (A) by striking out ``within the National Cemetery System'' and inserting in lieu thereof ``under the control of the National Cemetery Administration''; and (B) by striking out ``within such System'' and inserting in lieu thereof ``under the control of such Administration''. (9) Section 2408(c)(1) is amended by striking out ``in the National Cemetery System'' and inserting in lieu thereof ``under the control of the National Cemetery Administration''. (10) Section 5315 of title 5, United States Code, is amended-- (A) by striking out ``(6)'' after ``Assistant Secretaries, Department of Veterans Affairs'' and inserting in lieu thereof ``(7)''; and (B) by striking out ``Director of the National Cemetery System.''. (c) Savings Provisions.-- (1) Any reference in a law, map, regulation, document, paper, or other record of the United States to the National Cemetery System shall be deemed to be a reference to the National Cemetery Administration. (2) Any reference in a law, map, regulation, document, paper, or other record of the United States to the Director of the National Cemetery System shall be deemed to be a reference to the Assistant Secretary of Veterans Affairs for Memorial Affairs. (d) Initial Appointment.--The initial appointment of an individual to the position of Assistant Secretary of Veterans Affairs for Memorial Affairs may be made by the President alone if the individual appointed is the individual who was serving as the Director of the National Cemetery System on the day before the date of the enactment of this Act. TITLE III--CODIFICATION OF PRIOR COMPENSATION RATE INCREASES SEC. 301. DISABILITY COMPENSATION. Section 1114 is amended-- (1) by striking out ``$87'' in subsection (a) and inserting in lieu thereof ``$94''; (2) by striking out ``$166'' in subsection (b) and inserting in lieu thereof ``$179''; (3) by striking out ``$253'' in subsection (c) and inserting in lieu thereof ``$274''; (4) by striking out ``$361'' in subsection (d) and inserting in lieu thereof ``$391''; (5) by striking out ``$515'' in subsection (e) and inserting in lieu thereof ``$558''; (6) by striking out ``$648'' in subsection (f) and inserting in lieu thereof ``$703''; (7) by striking out ``$819'' in subsection (g) and inserting in lieu thereof ``$887''; (8) by striking out ``$948'' in subsection (h) and inserting in lieu thereof ``$1,028''; (9) by striking out ``$1,067'' in subsection (i) and inserting in lieu thereof ``$1,157''; (10) by striking out ``$1,774'' in subsection (j) and inserting in lieu thereof ``$1,924''; (11) in subsection (k)-- (A) by striking out ``$70'' each place it appears and inserting in lieu thereof ``$74''; and (B) by striking out ``$2,207'' and ``$3,093'' and inserting in lieu thereof ``$2,393'' and ``$3,356'', respectively; (12) by striking out ``$2,207'' in subsection (l) and inserting in lieu thereof ``$2,393''; (13) by striking out ``$2,432'' in subsection (m) and inserting in lieu thereof ``$2,639''; (14) by striking out ``$2,768'' in subsection (n) and inserting in lieu thereof ``$3,003''; (15) by striking out ``$3,093'' each place it appears in subsections (o) and (p) and inserting in lieu thereof ``$3,356''; (16) by striking out ``$1,328'' and ``$1,978'' in subsection (r) and inserting in lieu thereof ``$1,441'' and ``$2,145'', respectively; and (17) by striking out ``$1,985'' in subsection (s) and inserting in lieu thereof ``$2,154''. SEC. 302. ADDITIONAL COMPENSATION FOR DEPENDENTS. Section 1115(1) is amended-- (1) by striking out ``$105'' in clause (A) and inserting in lieu thereof ``$112''; (2) by striking out ``$178'' and ``$55'' in clause (B) and inserting in lieu thereof ``$191'' and ``$59'', respectively; (3) by striking out ``$72'' and ``$55'' in clause (C) and inserting in lieu thereof ``$77'' and ``$59'', respectively; (4) by striking out ``$84'' in clause (D) and inserting in lieu thereof ``$91''; (5) by striking out ``$195'' in clause (E) and inserting in lieu thereof ``$211''; and (6) by striking out ``$164'' in clause (F) and inserting in lieu thereof ``$177''. SEC. 303. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 1162 is amended by striking out ``$478'' and inserting in lieu thereof ``$518.'' SEC. 304. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES. Section 1311 is amended-- (1) in subsection (a)(1), by striking out ``$769'' and inserting in lieu thereof ``$833''; (2) in subsection (a)(2), by striking out ``$169'' and inserting in lieu thereof ``$182''; (3) in subsection (a)(3), by striking out the table therein and inserting in lieu thereof the following: ``Pay grade Monthly rate E-7............................................... $861 E-8............................................... 909 E-9............................................... \1\949 W-1............................................... 880 W-2............................................... 915 W-3............................................... 943 W-4............................................... 997 O-1............................................... 880 O-2............................................... 909 O-3............................................... 972 O-4............................................... 1,028 O-5............................................... 1,132 O-6............................................... 1,276 O-7............................................... 1,378 O-8............................................... 1,510 O-9............................................... 1,618 O-10.............................................. \2\1,774 ``\1\If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $1,023. ``\2\If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $1,902.''; (4) in subsection (b), by striking out ``$100 for each such child'' and all that follows through ``thereafter'' and inserting in lieu thereof ``$211 for each such child''; (5) in subsection (c), by striking out ``$195'' and inserting in lieu thereof ``$211''; and (6) in subsection (d), by striking out ``$95'' and inserting in lieu thereof ``$102''. SEC. 305. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN. (a) DIC for Orphan Children.--Section 1313(a) is amended-- (1) by striking out ``$327'' in clause (1) and inserting in lieu thereof ``$354''; (2) by striking out ``$471'' in clause (2) and inserting in lieu thereof ``$510''; (3) by striking out ``$610'' in clause (3) and inserting in lieu thereof ``$662''; and (4) by striking out ``$610'' and ``$120'' in clause (4) and inserting in lieu thereof ``$662'' and ``$130'', respectively. (b) Supplemental DIC for Disabled Adult Children.--Section 1314 is amended-- (1) by striking out ``$195'' in subsection (a) and inserting in lieu thereof ``$211''; (2) by striking out ``$327'' in subsection (b) and inserting in lieu thereof ``$354''; and (3) by striking out ``$166'' in subsection (c) and inserting in lieu thereof ``$179''. SEC. 306. EFFECTIVE DATE. The amendments made by this title shall take effect as of December 1, 1996. Passed the House of Representatives April 16, 1997. Attest: ROBIN H. CARLE, Clerk.

TABLE OF CONTENTS: Title I: Enhanced-Use Leases of Department of Veterans Affairs Real Property Title II: Renaming Provisions Title III: Codification of Prior Compensation Rate Increases Title I: Enhanced-Use Leases of Department of Veterans Affairs Real Property - Extends through December 31, 2002, the authority of the Department of Veterans Affairs to enter into enhanced-use leases of Department real property. Repeals a provision limiting the number of enhanced-use agreements in toto and during a fiscal year. Title II: Renaming Provisions - Renames the: (1) United States Court of Veterans Appeals as the United States Court of Appeals for Veterans Claims; (2) National Cemetery System of the Department as the National Cemetery Administration; and (3) position of Director of the National Cemetery System as the Assistant Secretary of Veterans Affairs for Memorial Affairs. Provides for the initial appointment of such Assistant Secretary. Title III: Codification of Prior Compensation Rate Increases - Codifies increases in the rates of: (1) veterans' disability compensation; (2) additional compensation for dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation (DIC) for surviving spouses and children; and (5) supplemental DIC for disabled adult children.

To amend title 38, United States Code, to extend the authority of the Secretary of Veterans Affairs to enter into enhanced-use leases for Department of Veterans Affairs property, to rename the United States Court of Veterans Appeals and the National Cemetery System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Clearance Accountability, Reform, and Enhancement Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``agency'' has the meaning given the term in Executive Order 13467 (73 Fed. Reg. 38103); (2) the term ``appropriate agency'' means-- (A) in the case of a prime contractor for a covered contract, the agency with which the prime contractor entered the covered contract; or (B) in the case of a subcontractor for a covered contract, any agency on whose behalf the subcontractor is performing work under the covered contract; (3) the term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; and (B) the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives; (4) the term ``background investigation'' means any investigation required for the purpose of determining the-- (A) eligibility of a covered individual for logical and physical access to federally controlled facilities or information systems; (B) suitability or fitness of a covered individual for Federal employment; (C) eligibility of a covered individual for access to classified information or to hold a national security sensitive position; or (D) fitness of a covered individual to perform work for or on behalf of the United States Government as a contractor employee; (5) the term ``covered contract'' means a contract to conduct background investigations-- (A) between an agency and a prime contractor; (B) between a prime contractor and a subcontractor, if the prime contractor has a contract with an agency; or (C) between subcontractors, if one of the subcontractors has a contract with a prime contractor that has a contract with an agency; (6) the term ``covered individual'' means an individual who-- (A) performs work for or on behalf of an agency; or (B) seeks to perform work for or on behalf of an agency; (7) the term ``covered misconduct'' means misconduct affecting the integrity of a background investigation conducted by or for an agency with investigative authority to conduct background investigations, including-- (A) falsification of any information relating to a background investigation; or (B) other serious misconduct that compromises the integrity of a background investigation; (8) the term ``prime contractor'' means an individual who enters into a contract with an agency; and (9) the term ``subcontractor'' means an individual who has contracted with a prime contractor or with another subcontractor to perform a contract on behalf of an agency. SEC. 3. ACCOUNTABILITY OF INDIVIDUALS INVOLVED IN MISCONDUCT AFFECTING THE INTEGRITY OF AGENCY BACKGROUND INVESTIGATIONS. (a) Misconduct by Federal Employees.-- (1) Unfit for federal employment.--If an agency determines that an employee of the agency has engaged in covered misconduct, the employee shall be found unfit for Federal employment. (2) Fitness determinations.--An agency shall make a determination under paragraph (1) in accordance with any statutory, regulatory, or internal agency procedures applicable to investigating alleged misconduct by employees of the agency. (3) Prohibition on reemployment to conduct background investigations.--If an agency determines under paragraph (1) that an individual is unfit for Federal employment, the individual shall not be appointed to or continue to occupy a position, as an employee of any agency, that requires its occupant to perform background investigations. (b) Misconduct by Employees Under Contract.-- (1) Ineligibility for performance of work under a covered contract.--If an appropriate agency, prime contractor, or subcontractor determines that an individual performing work under a covered contract has engaged in covered misconduct, the individual shall be ineligible to perform background investigations under a covered contract. (2) Mandatory disclosure.--A covered contract shall include a provision requiring a prime contractor or subcontractor to disclose to each appropriate agency any allegation of covered misconduct by an employee of the prime contractor or subcontractor not later than 24 hours after the prime contractor or subcontractor discovers the alleged covered misconduct. (3) Investigation of covered misconduct.-- (A) Contractor investigation.--A covered contract shall include a provision requiring that, not later than 5 business days after the date on which a prime contractor or subcontractor discloses an allegation under paragraph (2), the prime contractor or subcontractor shall refer the allegation of covered misconduct to the agency for investigation. (B) Agency investigation.--Nothing in subparagraph (A) shall be construed to prohibit an appropriate agency from conducting its own investigation into an allegation of covered misconduct. (4) Prohibition on reemployment to conduct background investigations.--If an appropriate agency determines, based on an investigation conducted under paragraph (3), that an individual is ineligible to perform work under a covered contract under paragraph (1), the individual shall be prohibited from performing background investigations under any covered contract. (5) Modification of existing contracts.--Not later than 30 days after the date of enactment of this Act, any covered contract that is in effect and was entered into before the date of enactment of this Act shall be modified to include the provisions required under paragraphs (2) and (3). (c) Reporting.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report providing-- (1) the number of individuals determined to be-- (A) unfit for Federal employment under subsection (a); or (B) ineligible to perform work under a covered contract under subsection (b); and (2) details of the covered misconduct that resulted in each determination described in paragraph (1). SEC. 4. REVIEW AND UPDATE OF POSITION DESIGNATION GUIDANCE. (a) Guidelines.-- (1) Initial review and update of guidance.--Not later than 180 days after the date of enactment of this Act, the President shall review and, if appropriate, update the guidance the President issues to assist agencies in determining-- (A) position sensitivity designation; and (B) the appropriate background investigation to initiate for each position designation. (2) Reviews and revisions of position designations.--Not less frequently than every 5 years, the President, acting through relevant agencies (as determined by the President) and in accordance with the guidance described in paragraph (1), shall review and, if necessary, revise the position designation of positions within agencies. (b) Reports to Congress.--Not later than 30 days after completing a review under subsection (a)(2), the President shall submit to the appropriate congressional committees a report on-- (1) any issues identified in the review; and (2) the number of position designations revised as a result of the review. (c) No Change in Authority.--Nothing in this section limits or expands the authority of any agency to designate a position as sensitive or as requiring its occupant to have access to classified information. Passed the Senate December 15, 2014. Attest: Secretary. 113th CONGRESS 2d Session S. 1744 _______________________________________________________________________ AN ACT To strengthen the accountability of individuals involved in misconduct affecting the integrity of background investigations, to update guidelines for position designation, and for other purposes.

Security Clearance Accountability, Reform, and Enhancement Act - (Sec. 3) Deems a federal agency employee to be unfit for federal employment if the agency determines that such employee has engaged in misconduct affecting the integrity of a background investigation, including falsification of any information relating to such an investigation (covered misconduct). Prohibits an individual who has engaged in covered misconduct from being appointed to or continuing to occupy a position that requires the performance of background investigations. Extends such sanctions to employees performing background investigations under a contract between an agency and a prime contractor and subcontractors (covered contract). Requires a covered contract to include provisions requiring mandatory disclosure of covered misconduct within 24 hours after the contractor discovers such misconduct and referral to the agency for investigation. Requires the President to report to specified congressional committees on: (1) the number of individuals determined to be unfit for federal employment due to covered misconduct or ineligible to perform work under a covered contract; and (2) the details of such misconduct. (Sec. 4) Requires the President to: (1) review and update guidance to assist agencies in determining position sensitivity designation and the appropriate background investigation to initiate for each position designation; (2) review, not less frequently than every five years, and revise the position designation of positions within federal agencies; and (3) report on any issues identified and the number of position designations revised as a result of the review.

Security Clearance Accountability, Reform, and Enhancement Act

. (a) In General.--There shall be in the Department an Office of Peaceful Coexistence and Nonviolent Conflict Resolution, the head of which shall be the Assistant Secretary for Peaceful Coexistence and Nonviolent Conflict Resolution. The Assistant Secretary for Peaceful Coexistence and Nonviolent Conflict Resolution shall carry out those functions in the Department affecting research and analysis relating to creating, initiating, and modeling approaches to peaceful coexistence and nonviolent conflict resolution. (b) Responsibilities.--The Assistant Secretary for Peaceful Coexistence and Nonviolent Conflict Resolution shall-- (1) study the impact of war, especially on the physical and mental condition of children (using the ten-point agenda in the United Nations Childrens Fund report, State of the World's Children 1996, as a guide), which shall include the study of the effect of war on the environment and public health; (2) publish a monthly journal of the activities of the Department and encourage scholarly participation; (3) gather information on effective community peacebuilding activities and disseminate such information to local governments and nongovernmental organizations in the United States and abroad; (4) research the effect of violence in the media and make such reports available to the Congress annually; and (5) sponsor conferences throughout the United States to create awareness of the work of the Department. SEC. 110. OFFICE OF HUMAN RIGHTS AND ECONOMIC RIGHTS. (a) In General.--There shall be in the Department an Office of Human Rights and Economic Rights, the head of which shall be the Assistant Secretary for Human Rights and Economic Rights. The Assistant Secretary for Human Rights and Economic Rights shall carry out those functions in the Department supporting the principles of the Universal Declaration of Human Rights passed by the General Assembly of the United Nations on December 10, 1948. (b) Responsibilities.--The Assistant Secretary for Human Rights and Economic Rights shall-- (1) assist the Secretary, in cooperation with the Secretary of State, in furthering the incorporation of principles of human rights, as enunciated in the United Nations General Assembly Resolution 217A (III) of December 10, 1948, into all agreements between the United States and other nations to help reduce the causes of violence; (2) gather information on and document human rights abuses, both domestically and internationally, and recommend to the Secretary nonviolent responses to correct abuses; (3) make such findings available to other agencies in order to facilitate nonviolent conflict resolution; (4) provide trained observers to work with nongovernmental organizations for purposes of creating a climate that is conducive to the respect for human rights; (5) conduct economic analyses of the scarcity of human and natural resources as a source of conflict and make recommendations to the Secretary for nonviolent prevention of such scarcity, nonviolent intervention in case of such scarcity, and the development of programs of assistance for people experiencing such scarcity, whether due to armed conflict, maldistribution of resources, or natural causes; (6) assist the Secretary, in cooperation with the Secretary of State and the Secretary of the Treasury, in developing strategies regarding the sustainability and the management of the distribution of funds from international agencies, the conditions regarding the receipt of such funds, and the impact of those conditions on the peace and stability of the recipient nations; and (7) assist the Secretary, in cooperation with the Secretary of State and the Secretary of Labor, in developing strategies to promote full compliance with domestic and international labor rights law. SEC. 111. INTERGOVERNMENTAL ADVISORY COUNCIL ON PEACE AND NONVIOLENCE. (a) In General.--There shall be in the Department an advisory committee to be known as the Intergovernmental Advisory Council on Peace and Nonviolence (hereinafter in this Act referred to as the ``Council''). The Council shall provide assistance and make recommendations to the Secretary and the President concerning intergovernmental policies relating to peace and nonviolent conflict resolution. (b) Responsibilities.--The Council shall-- (1) provide a forum for representatives of Federal, State, and local governments to discuss peace issues; (2) promote better intergovernmental relations; and (3) submit, biennially or more frequently if determined necessary by the Council, a report to the Secretary, the President, and the Congress reviewing the impact of Federal peace activities on State and local governments. SEC. 112. CONSULTATION REQUIRED. (a) Consultation in Cases of Conflict.--(1) In any case in which a conflict between the United States and any other government or entity is imminent or occurring, the Secretary of Defense and the Secretary of State shall consult with the Secretary concerning nonviolent means of conflict resolution. (2) In any case in which such a conflict is ongoing or recently concluded, the Secretary shall conduct independent studies of diplomatic initiatives undertaken by the United States and other parties to the conflict. (3) In any case in which such a conflict has recently concluded, the Secretary shall assess the effectiveness of those initiatives in ending the conflict. (4) The Secretary shall establish a formal process of consultation in a timely manner with the Secretary of the Department of State and the Secretary of the Department of Defense-- (A) prior to the initiation of any armed conflict between the United States and any other nation; and (B) for any matter involving the use of Department of Defense personnel within the United States. (b) Consultation in Drafting Treaties and Agreements.--The executive branch shall consult with the Secretary in drafting treaties and peace agreements. SEC. 113. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act for a fiscal year beginning after the date of the enactment of this Act an amount equal to at least 2 percent of the total amount appropriated for that fiscal year for the Department of Defense. (b) Rule of Construction.--Nothing in this section shall be construed to require a reduction in appropriations for the Department of Defense. TITLE II--ADMINISTRATIVE PROVISIONS AND TRANSFERS OF AGENCY FUNCTIONS SEC. 201. STAFF. The Secretary may appoint and fix the compensation of such employees as may be necessary to carry out the functions of the Secretary and the Department. Except as otherwise provided by law, such employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5 of the United States Code. SEC. 202. TRANSFERS. There are hereby transferred to the Department the functions, assets, and personnel of-- (1) the Peace Corps; (2) the United States Institute of Peace; (3) the Office of the Under Secretary for Arms Control and International Security Affairs of the Department of State; (4) the Gang Resistance Education and Training Program of the Bureau of Alcohol, Tobacco and Firearms; and (5) the SafeFutures program of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice. SEC. 203. CONFORMING AMENDMENTS. Not later than 90 days after the date of the enactment of this Act, the Secretary shall prepare and submit to Congress proposed legislation containing any necessary and appropriate technical and conforming amendments to the laws of the United States to reflect and carry out the provisions of this Act. TITLE III--FEDERAL INTERAGENCY COMMITTEE ON PEACE AND NONVIOLENCE SEC. 301. FEDERAL INTERAGENCY COMMITTEE ON PEACE AND NONVIOLENCE. There is established a Federal Interagency Committee on Peace and Nonviolence (hereinafter in this Act referred to as the ``Committee''). The Committee shall-- (1) assist the Secretary in providing a mechanism to assure that the procedures and actions of the Department and other Federal agencies are fully coordinated; and (2) study and make recommendations for assuring effective coordination of Federal programs, policies, and administrative practices affecting peace. TITLE IV--ESTABLISHMENT OF PEACE DAY SEC. 401. PEACE DAY. All citizens should be encouraged to observe and celebrate the blessings of peace and endeavor to create peace on a Peace Day. Such day shall include discussions of the professional activities and the achievements in the lives of peacemakers.

Department of Peace and Nonviolence Act - Establishes a Department of Peace and Nonviolence, which shall be headed by a Secretary of Peace and Nonviolence appointed by the President with the advice and consent of the Senate. Sets forth the mission of the Department, including to: (1) hold peace as an organizing principle; (2) endeavor to promote justice and democratic principles to expand human rights; and (3) develop policies that promote national and international conflict prevention, nonviolent intervention, mediation, peaceful resolution of conflict, and structured mediation of conflict. Establishes in the Department the Intergovernmental Advisory Council on Peace and Nonviolence, which shall provide assistance and make recommendations to the Secretary and the President concerning intergovernmental policies relating to peace and nonviolent conflict resolution. Transfers to the Department the functions, assets, and personnel of various federal agencies. Establishes a Federal Interagency Committee on Peace and Nonviolence. Establishes Peace Day. Urges all citizens to observe and celebrate the blessings of peace and endeavor to create peace on such day.

A bill to establish a Department of Peace and Nonviolence.

SECTION 1. ADVANCED PLACEMENT PROGRAMS. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end the following: ``PART L--ADVANCED PLACEMENT PROGRAMS ``SEC. 10995A. SHORT TITLE. ``This part may be cited as the `Access to High Standards Act'. ``SEC. 10995B. FINDINGS AND PURPOSES. ``(a) Findings.--Congress finds that-- ``(1) far too many students are not being provided sufficient academic preparation in secondary school, which results in limited employment opportunities, college dropout rates of over 25 percent for the first year of college, and remediation for almost one-third of incoming college freshmen; ``(2) there is a growing consensus that raising academic standards, establishing high academic expectations, and showing concrete results are at the core of improving public education; ``(3) modeling academic standards on the well-known program of advanced placement courses is an approach that many education leaders and almost half of all States have endorsed; ``(4) advanced placement programs already are providing 30 different college-level courses, serving almost 60 percent of all secondary schools, reaching over 1,000,000 students (of whom 80 percent attend public schools, 55 percent are females, and 30 percent are minorities), and providing test scores that are accepted for college credit at over 3,000 colleges and universities, every university in Germany, France, and Austria, and most institutions in Canada and the United Kingdom; ``(5) 24 States are now funding programs to increase participation in advanced placement programs, including 19 States that provide funds for advanced placement teacher professional development, 3 States that require that all public secondary schools offer advanced placement courses, 10 States that pay the fees for advanced placement tests for some or all students, and 4 States that require that their public universities grant uniform academic credit for scores of 3 or better on advanced placement tests; and ``(6) the State programs described in paragraph (5) have shown the responsiveness of schools and students to such programs, raised the academic standards for both students participating in such programs and other children taught by teachers who are involved in advanced placement courses, and shown tremendous success in increasing enrollment, achievement, and minority participation in advanced placement programs. ``(b) Purposes.--The purposes of this part are-- ``(1) to encourage more of the 600,000 students who take advanced placement courses but do not take advanced placement exams each year to demonstrate their achievements through taking the exams; ``(2) to build on the many benefits of advanced placement programs for students, which benefits may include the acquisition of skills that are important to many employers, Scholastic Aptitude Tests (SAT) scores that are 100 points above the national averages, and the achievement of better grades in secondary school and in college than the grades of students who have not participated in the programs; ``(3) to support State and local efforts to raise academic standards through advanced placement programs, and thus further increase the number of students who participate and succeed in advanced placement programs; ``(4) to increase the availability and broaden the range of schools that have advanced placement programs, which programs are still often distributed unevenly among regions, States, and even secondary schools within the same school district, while also increasing and diversifying student participation in the programs; ``(5) to build on the State programs described in subsection (a)(5) and demonstrate that larger and more diverse groups of students can participate and succeed in advanced placement programs; ``(6) to provide greater access to advanced placement courses for low-income and other disadvantaged students; ``(7) to provide access to advanced placement courses for secondary school juniors at schools that do not offer advanced placement programs, increase the rate of secondary school juniors and seniors who participate in advanced placement courses to 25 percent of the secondary school student population, and increase the numbers of students who receive advanced placement test scores for which college academic credit is awarded; and ``(8) to increase the participation of low-income individuals in taking advanced placement tests through the payment or partial payment of the costs of the advanced placement test fees. ``SEC. 10995C. FUNDING DISTRIBUTION RULE. ``From amounts appropriated under section 10995H for a fiscal year, the Secretary shall give first priority to funding activities under section 10995F, and shall distribute any remaining funds not so applied according to the following ratio: ``(1) Seventy percent of the remaining funds shall be available to carry out section 10995D. ``(2) Thirty percent of the remaining funds shall be available to carry out section 10995E. ``SEC. 10995D. ADVANCED PLACEMENT PROGRAM GRANTS. ``(a) Grants Authorized.-- ``(1) In general.--From amounts appropriated under section 10995H and made available under section 10995C(1) for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsection (c). ``(2) Duration and payments.-- ``(A) Duration.--The Secretary shall award a grant under this section for a period of 3 years. ``(B) Payments.--The Secretary shall make grant payments under this section on an annual basis. ``(3) Definition of eligible entity.--In this section, the term `eligible entity' means a State educational agency, or a local educational agency, in the State. ``(b) Priority.--In awarding grants under this section the Secretary shall give priority to eligible entities submitting applications under subsection (d) that demonstrate-- ``(1) a pervasive need for access to advanced placement incentive programs; ``(2) the involvement of business and community organizations in the activities to be assisted; ``(3) the availability of matching funds from State or local sources to pay for the cost of activities to be assisted; ``(4) a focus on developing or expanding advanced placement programs and participation in the core academic areas of English, mathematics, and science; and ``(5)(A) in the case of an eligible entity that is a State educational agency, the State educational agency carries out programs in the State that target-- ``(i) local educational agencies serving schools with a high concentration of low-income students; or ``(ii) schools with a high concentration of low- income students; or ``(B) in the case of an eligible entity that is a local educational agency, the local educational agency serves schools with a high concentration of low-income students. ``(c) Authorized Activities.--An eligible entity may use grant funds under this section to expand access for low-income individuals to advanced placement incentive programs that involve-- ``(1) teacher training; ``(2) preadvanced placement course development; ``(3) curriculum coordination and articulation between grade levels that prepare students for advanced placement courses; ``(4) curriculum development; ``(5) books and supplies; and ``(6) any other activity directly related to expanding access to and participation in advanced placement incentive programs particularly for low-income individuals. ``(d) Application.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(e) Data Collection and Reporting.-- ``(1) Data collection.--Each eligible entity receiving a grant under this section shall annually report to the Secretary-- ``(A) the number of students taking advanced placement courses who are served by the eligible entity; ``(B) the number of advanced placement tests taken by students served by the eligible entity; ``(C) the scores on the advanced placement tests; and ``(D) demographic information regarding individuals taking the advanced placement courses and tests disaggregated by race, ethnicity, sex, English proficiency status, and socioeconomic status. ``(2) Report.--The Secretary shall annually compile the information received from each eligible entity under paragraph (1) and report to Congress regarding the information. ``SEC. 10995E. ONLINE ADVANCED PLACEMENT COURSES. ``(a) Grants Authorized.--From amounts appropriated under section 10995H and made available under section 10995C(2) for a fiscal year, the Secretary shall award grants to State educational agencies to enable such agencies to award grants to local educational agencies to provide students with online advanced placement courses. ``(b) State Educational Agency Applications.-- ``(1) Application required.--Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(2) Award basis.--The Secretary shall award grants under this section on a competitive basis. ``(c) Grants to Local Educational Agencies.--Each State educational agency receiving a grant award under subsection (b) shall award grants to local educational agencies within the State to carry out activities described in subsection (e). In awarding grants under this subsection, the State educational agency shall give priority to local educational agencies that-- ``(1) serve high concentrations of low-income students; ``(2) serve rural areas; and ``(3) the State educational agency determines will not have access to online advanced placement courses without assistance provided under this section. ``(d) Contracts.--A local educational agency that receives a grant under this section may enter into a contract with a nonprofit or for- profit organization to provide the online advanced placement courses, including contracting for necessary support services. ``(e) Uses.--Grant funds provided under this section may be used to purchase the online curriculum, to train teachers with respect to the use of online curriculum, or to purchase course materials. ``SEC. 10995F. ADVANCED PLACEMENT INCENTIVE PROGRAM. ``(a) Grants Authorized.--From amounts appropriated under section 10995H and made available under section 10995C for a fiscal year, the Secretary shall award grants to State educational agencies having applications approved under subsection (c) to enable the State educational agencies to reimburse low-income individuals to cover part or all of the costs of advanced placement test fees, if the low-income individuals-- ``(1) are enrolled in an advanced placement class; and ``(2) plan to take an advanced placement test. ``(b) Award Basis.--In determining the amount of the grant awarded to each State educational agency under this section for a fiscal year, the Secretary shall consider the number of children eligible to be counted under section 1124(c) in the State in relation to the number of such children so counted in all the States. ``(c) Information Dissemination.--A State educational agency shall disseminate information regarding the availability of advanced placement test fee payments under this section to eligible individuals through secondary school teachers and guidance counselors. ``(d) Applications.--Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. At a minimum, each State educational agency application shall-- ``(1) describe the advanced placement test fees the State educational agency will pay on behalf of low-income individuals in the State from grant funds made available under this section; ``(2) provide an assurance that any grant funds received under this section, other than funds used in accordance with subsection (e), shall be used only to pay for advanced placement test fees; and ``(3) contain such information as the Secretary may require to demonstrate that the State will ensure that a student is eligible for payments under this section, including documentation required under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965. ``(e) Additional Uses of Funds.--If each eligible low-income individual in a State pays not more than a nominal fee to take an advanced placement test in a core subject, then a State educational agency may use grant funds made available under this section that remain after advanced placement test fees have been paid on behalf of all eligible low-income individuals in the State, for activities directly related to increasing-- ``(1) the enrollment of low-income individuals in advanced placement courses; ``(2) the participation of low-income individuals in advanced placement courses; and ``(3) the availability of advanced placement courses in schools serving high-poverty areas. ``(f) Supplement, Not Supplant.--Grant funds provided under this section shall supplement, and not supplant, other non-federal funds that are available to assist low-income individuals in paying for the cost of advanced placement test fees. ``(g) Regulations.--The Secretary shall prescribe such regulations as are necessary to carry out this section. ``(h) Report.--Each State educational agency annually shall report to the Secretary information regarding-- ``(1) the number of low-income individuals in the State who received assistance under this section; and ``(2) any activities carried out pursuant to subsection (e). ``(i) Definitions.--In this section: ``(1) Advanced placement test.--The term `advanced placement test' includes only an advanced placement test approved by the Secretary for the purposes of this section. ``(2) Low-income individual.--The term `low-income individual' has the meaning given the term in section 402A(g)(2) of the Higher Education Act of 1965. ``SEC. 10995G. DEFINITIONS. ``In this part: ``(1) Advanced placement incentive program.--The term `advanced placement incentive program' means a program that provides advanced placement activities and services to low- income individuals. ``(2) Advanced placement test.--The term `advanced placement test' means an advanced placement test administered by the College Board or approved by the Secretary. ``(3) High concentration of low-income students.--The term `high concentration of low-income students', used with respect to a State educational agency, local educational agency or school, means an agency or school, as the case may be, that serves a student population 40 percent or more of whom are from families with incomes below the poverty level, as determined in the same manner as the determination is made under section 1124(c)(2). ``(4) Low-income individual.--The term `low-income individual' means, other than for purposes of section 10995F, a low-income individual (as defined in section 402A(g)(2) of the Higher Education Act of 1965 who is academically prepared to take successfully an advanced placement test as determined by a school teacher or advanced placement coordinator taking into consideration factors such as enrollment and performance in an advanced placement course or superior academic ability. ``(5) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101(a) of the Higher Education Act of 1965. ``(6) State.--The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. ``SEC. 10995H. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this part, there are authorized to be appropriated $50,000,000 for fiscal year 2001, and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Access to High Standards Act - Amends the Elementary and Secondary Education Act of 1965 to establish Advanced Placement (AP) programs of assistance to increase the access of low-income students to AP high school courses and AP tests to earn advanced placement and credits at institutions of higher education.Directs the Secretary of Education to award grants to: (1) State or local educational agencies (SEAs or LEAs) for activities to expand access for low-income individuals to AP incentive programs; (2) SEAs for subgrants to LEAs (especially those that serve high concentrations of low-income students, rural areas, and would not have such online access without assistance) to provide students with on-line AP courses; and (3) SEAs for AP incentive programs to reimburse low-income individuals for all or part of AP test fees.

A bill to provide for advanced placement programs.

SECTION 1. SHORT TITLE. This Act may be cited at as the ``International Fund for Israeli- Palestinian Peace Authorization Act of 2009''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The persistence of decades-old violence, conflict, and instability in the Middle East gravely affects the national security of the United States and peace and stability throughout the world. (2) The ongoing Israeli-Palestinian and broader Arab- Israeli conflicts strengthen extremists and opponents of peace throughout the region. (3) The establishment of peace between Israelis and Palestinians, Muslims, Christians, and Jews, in the Middle East is in the vital interests of the United States, Israelis, Palestinians, the region, and the world. (4) While the United States and its international allies continue to support diplomatic and political negotiations between the national government representatives of the parties to the conflict, such efforts require broad popular support among the Israeli, Palestinian, Muslim, Christian, and Jewish peoples in order to succeed. Indeed, political agreements may never arrive or endure without substantial public support. (5) Through many independent nongovernmental activities, tens of thousands of Israelis and Palestinians, and Muslims, Christians, and Jews, already work together to build better relations between peoples, through people-to-people coexistence and reconciliation activities and other cooperative efforts. (6) Such civil society initiatives promote contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians, and Muslims, Christians, and Jews, in the Middle East and thereby constitute a key means for building grassroots support for a peaceful resolution to the conflict. (7) By working together, building positive relationships, learning about each other, and interacting regularly in their daily lives, participants in such activities come to recognize the human face of people across conflict lines, understand that people of good will seek peaceful coexistence, and support efforts to marginalize extremists and build peace. The impact of these programs spreads from participants to their families and communities. (8) These tangible initiatives also provide much-needed services to individuals and communities in their everyday lives, helping Israelis and Palestinians, and Muslims, Christians, and Jews, in the region work, learn, and play together; solve shared problems; and build socially and economically stronger societies. These efforts extend into every sphere of everyday life, promoting cooperation in business, education, healthcare, community building, sports, the environment, and the arts. (9) While such efforts have demonstrated inspiring success and touched tens of thousands of people, severely limited funding has heretofore prevented them from reaching millions of Israelis, Palestinians, Muslims, Christians, and Jews and thus having a truly widespread impact on popular support for peace. (10) Majorities of Israelis and Palestinians privately indicate their support for peace and a final settlement of the conflict, but extensive, direct grassroots efforts are needed to mobilize these silent majorities into active and vocal constituents for peace. (11) Dramatically increased funding, coordination, and support for people-to-people coexistence, reconciliation, and joint economic initiatives can engage millions of ordinary citizens affected by this conflict in building support for peace. (12) Working together, the United States, nations around the world, and the private sector can catalyze widespread support for peace with the establishment and funding of an independent International Fund for Israeli-Palestinian Peace, to promote contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians, and Muslims, Christians and Jews, in the Middle East. (13) Such a Fund will be an expert coordinating body, adhering to best practices for governance, transparency, and accountability. It will ensure that the United States and the international community stand fully behind the brave Israelis and Palestinians and Muslims, Christians, and Jews willing to work together for peace and a better future. It will be an ongoing presence and catalyst, building broad public support for a lasting peace in the region. The Fund is not intended to be a political forum, but a grant-making body. (b) Purposes.--Therefore, the purposes of this Act are as follows: (1) To urge the President to make every effort, in conjunction with the Government of Israel, the Palestinian Authority, and the international community to establish a non- political International Fund for Israeli-Palestinian Peace to promote and support contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians, and Muslims, Christians, and Jews. (2) To provide for United States contributions to consist of Economic Support Fund assistance for payment to the International Fund for Israeli-Palestinian Peace to carry out the activities described in paragraph (1). SEC. 3. ESTABLISHMENT OF INTERNATIONAL FUND. Congress urges the President to make every effort, in conjunction with the Government of Israel, the Palestinian Authority, and the international community, to establish an International Fund for Israeli-Palestinian Peace (in this Act referred to as the ``International Fund'') to carry out the purposes described in section 2(b). SEC. 4. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FUND. (a) Fiscal Year 2010.--Of the amounts made available for the fiscal year 2010 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq. (relating to the Economic Support Fund)), $50,000,000 is authorized to be appropriated for United States contributions to the International Fund. Pending the formal establishment of the International Fund, such amounts may, pursuant to an agreement with the Government of Israel, the Palestinian Authority, or other nations be disbursed into and maintained in a separate account. (b) Fiscal Years 2011, 2012, 2013, and 2014.--Of the amounts made available for each of the fiscal years 2011, 2012, 2013, and 2014 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961, 50,000,000 is authorized to be appropriated for United States contributions to the International Fund. (c) Additional Authorities.--Amounts appropriated pursuant to the authorization of appropriations under subsections (a) and (b)-- (1) are in addition to amounts otherwise authorized to be appropriated for such purposes; (2) are authorized to remain available until expended; and (3) may be provided notwithstanding any other provision of law. SEC. 5. CONDITIONS AND UNDERSTANDINGS RELATING TO UNITED STATES CONTRIBUTIONS. (a) Promoting People-to-People Coexistence, Reconciliation, and Joint Economic Efforts.--The United States contributions provided for in this Act may be used only to support and promote the purposes described in section 2(b). (b) Additional Requirements.--The restrictions contained in section 531(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346a) apply with respect to United States contributions provided for in this Act. (c) United States Representation on the Board of the Fund.--The President shall make every effort to ensure that there is United States representation on the Board of the International Fund. SEC. 6. ANNUAL REPORTS. At the end of each fiscal year in which the United States Government makes any contribution to the International Fund, the President shall transmit to the Congress a report on the degree to which the International Fund, and the United States contribution to it, have contributed to promoting contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians, and Muslims, Christians, and Jews, in the Middle East.

International Fund for Israeli-Palestinian Peace Authorization Act of 2009 - Urges the President to establish an International Fund for Israeli-Palestinian Peace to support cooperation, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians, and Muslims, Christians, and Jews. Authorizes specified Economic Support Fund assistance through FY2014 for the International Fund.

To seek the establishment of and contributions to an International Fund for Israeli-Palestinian Peace, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Veteran Homelessness Act of 2010''. SEC. 2. INCREASE IN AMOUNT AUTHORIZED TO BE APPROPRIATED FOR COMPREHENSIVE SERVICE PROGRAMS FOR HOMELESS VETERANS. Section 2013 of title 38, United States Code, is amended-- (1) by striking ``fiscal year 2007'' and inserting ``fiscal year 2010''; and (2) by striking ``$150,000,000'' and inserting ``$200,000,000''. SEC. 3. IMPROVEMENT OF PAYMENTS FOR PROVIDING SERVICES TO HOMELESS VETERANS. (a) Improvement of Payments.--Section 2012 of title 38, United States Code, is amended-- (1) by striking ``per diem'' wherever it appears; (2) in subsection (a)(2)-- (A) in subparagraph (A)-- (i) by striking ``daily cost of care'' and inserting ``annual cost of furnishing services''; and (ii) by striking the second sentence; (B) by striking subparagraph (B) and inserting the following new subparagraph (B): ``(B) The Secretary shall annually adjust the rate of payment under subparagraph (A) to reflect anticipated changes in the cost of furnishing services and to take into account the cost of providing services in a particular geographic area. The Secretary may set a maximum amount payable to a grant recipient under this section.''; (C) in subparagraph (C), by striking ``other sources of income'' and all that follows through the period at the end and inserting ``the cost of services provided by the grant recipient as the Secretary may require to assist the Secretary in making the determination under subparagraph (A)''; (D) by striking subparagraph (D) and inserting the following new subparagraph (D): ``(D) In making the determination under subparagraph (A), the Secretary may consider the availability of other sources of income, including payments to the grant recipient or eligible entity for furnishing services to homeless veterans under programs other than under this subchapter, payments or grants from other departments or agencies of the United States, from departments or agencies of State or local governments, or from private entities or organizations.''; and (E) by adding at the end the following new subparagraph: ``(E) The Secretary shall authorize payments under this subsection to each grant recipient on an annual basis but shall make a payment to each grant recipient for each calendar quarter in an amount equal to a portion of the annual amount authorized for such recipient. Upon the expiration of a calendar quarter, each grant recipient shall provide to the Secretary a statement of the amount spent by the recipient during that calendar quarter, and if the amount spent is less than the amount provided for that calendar quarter, repay to the Secretary the balance. If the amount spent by a grant recipient for such purpose for a calendar quarter exceeds the amount provided to the recipient for that quarter, the Secretary shall make an additional payment to the recipient in an amount equal to the amount by which the amount so spent exceeded the amount so provided, as long as the total amount provided to such recipient in a calendar year does not exceed the amount of the annual payment for that recipient.''; (3) in subsection (a), by striking paragraph (3) and inserting the following new paragraph (3): ``(3) Payments under this subsection to a grant recipient or eligible entity may be used to match, or in combination with, other payments or grants for which the recipient or entity is eligible.''; and (4) in subsection (c)-- (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2). (b) Clerical Amendments.-- (1) Section heading.--The section heading for such section is amended to read as follows: ``Sec. 2012. Payments for furnishing services to homeless veterans''. (2) Subsection heading.--The heading for subsection (a) of such section is amended by striking ``Per Diem''. (3) Table of sections.--The table of sections at the beginning of chapter 20 of such title is amended by striking the item relating to section 2012 and inserting the following new item: ``2012. Payments for furnishing services to homeless veterans.''. SEC. 4. SUPPORTED HOUSING PROGRAM OUTREACH. (a) In General.--Chapter 20 of title 38, United States Code, is further amended by adding at the end of subchapter III the following new section: ``Sec. 2024. Supported housing program outreach ``(a) Landlord Outreach.--(1) The Secretary shall ensure that each medical center of the Department that provides treatment and services under the supported housing program under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) employs or provides (through coordination with a public housing agency, homeless service provider, or other appropriate organization) one or more specialists, which may include peer specialists who were formerly homeless veterans, for handling housing issues in conjunction with the program under this subsection. ``(2) Such specialists shall conduct outreach to landlords to encourage and facilitate participation in the supportive housing program, mediate disputes between veterans receiving assistance under such program and landlords, establish and maintain a list of dwelling units available for rental with assistance under such program, and carry out other appropriate activities. ``(b) Homelessness Prevention and Rapid Re-Housing Assistance.--The Secretary shall coordinate with the Secretary of Housing and Urban Development to provide assistance to homeless veterans in accessing the Homelessness Prevention and Rapid Re-Housing Program administered by the Secretary of Housing and Urban Development for assistance for basic essentials, security deposits for rental dwelling units, and advance payments of the first month's rent for such units.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to subchapter III the following new item: ``2024. Supported housing program outreach.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF VETERANS AFFAIRS PROGRAM TO PROVIDE FINANCIAL ASSISTANCE FOR SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT HOUSING. Section 2044(e) of title 38, United States Code, is amended-- (1) in paragraph (1), by adding at the end the following new subparagraphs: ``(D) $50,000,000 for fiscal year 2012. ``(E) $75,000,000 for fiscal year 2013. ``(F) $100,000,000 for each subsequent fiscal year.''; and (2) in paragraph (3), by striking ``each of the fiscal year 2009 through 2011'' and inserting ``each fiscal year''. SEC. 6. PROMOTION OF AWARENESS OF DEPARTMENT OF VETERANS AFFAIRS PROGRAMS TO ASSIST HOMELESS VETERANS AMONG HOMELESS WOMEN VETERANS AND HOMELESS VETERANS WITH CHILDREN. Section 532 of title 38, United States Code, is amended by inserting after ``homeless veterans'' the following: ``(with a special emphasis on promoting awareness of such assistance among homeless women veterans and homeless veterans with children)''. Passed the House of Representatives March 22, 2010. Attest: LORRAINE C. MILLER, Clerk.

End Veteran Homelessness Act of 2010 - Extends through FY2010, and increases the amount of, the authorization of appropriations for Department of Veterans Affairs (VA) comprehensive service programs for homeless veterans. Revises provisions concerning payments for providing services for homeless veterans to direct the Secretary of Veterans Affairs to annually adjust the rate of such payment to reflect anticipated changes in the cost of furnishing services and to take into account the cost of providing services in a particular geographic area. Directs the Secretary to make such payments quarterly, while requiring quarterly statements from recipients on amounts expended. Requires the Secretary to ensure that each VA medical center that provides treatment and services under the supported housing program of the United States Housing Act of 1937 employs or provides one or more specialists to handle program issues and to conduct outreach to landlords to encourage and facilitate program participation. Directs the Secretary to coordinate with the Secretary of Housing and Urban Development (HUD) to provide assistance to homeless veterans in accessing HUD's Homelessness Prevention and Rapid Re-Housing Program. Authorizes appropriations for FY2012 and thereafter for VA financial assistance for supportive services for very low-income veteran families occupying permanent housing. Authorizes, in connection with VA authority to advertise in the national media concerning available VA benefits, a special emphasis to be placed on promoting awareness of assistance for homeless women veterans and homeless veterans with children.

To amend title 38, United States Code, to make certain improvements in the services provided for homeless veterans under the laws administered by the Secretary of Veterans Affairs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cord Blood Stem Cell Act of 2003''. SEC. 2. NATIONAL CORD BLOOD STEM CELL BANK NETWORK. Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by adding at the end the following: ``SEC. 376A. NATIONAL CORD BLOOD STEM CELL BANK NETWORK. ``(a) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the Health Resources and Services Administration. ``(2) Cord blood unit.--The term `cord blood unit' means the blood collected from a single placenta and umbilical cord. ``(3) Donor.--The term `donor' means a mother who has delivered a baby and consents to donate the newborn's blood remaining in the placenta and umbilical cord. ``(4) Donor bank.--The term `donor bank' means a qualified cord blood stem cell bank that enters into a contract with the Secretary under subsection (b)(1). ``(5) Human cord blood stem cells.--The term `human cord blood stem cells' means hematopoietic stem cells and any other stem cells contained in the neonatal blood collected immediately after the birth from the separated placenta and umbilical cord. ``(6) National cord blood stem cell bank network.--The term `National Cord Blood Stem Cell Bank Network' means a network of qualified cord blood stem cell banks established under subsection (b). ``(b) National Cord Blood Stem Cell Bank Network.-- ``(1) In general.--The Secretary, acting through the Administrator, shall enter into contracts with qualified cord blood stem cell banks to assist in the establishment, provision, and maintenance of a National Cord Blood Stem Cell Bank Network that contains at least 150,000 units of human cord blood stem cells. ``(2) Purpose of donor banks.--It is the purpose of the donor banks that are a part of the Network to-- ``(A) acquire, tissue-type, test, cryopreserve, and store donated units of human cord blood acquired with the informed consent of the donor, in a manner that complies with applicable Federal regulations; ``(B) make cord blood units collected under this section, or otherwise, available to transplant centers for stem cell transplantation; and ``(C) allocate up to 10 percent of the cord blood inventory each year for peer-reviewed research. ``(3) Eligibility of donor banks.--A cord blood stem cell bank shall be eligible to be a donor bank if such a bank-- ``(A) has obtained all applicable Federal and State licenses, certifications, registrations (including registration with the Food and Drug Administration), and other authorizations required to operate and maintain a cord blood stem cell bank; ``(B) has implemented donor screening and cord blood collection practices adequate to protect both donors and transplant recipients and to prevent transmission of potentially harmful infections and other diseases; ``(C) has established a system of strict confidentiality to protect the identity and privacy of patients and donors in accordance with existing Federal and State law, and consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 for the release of the identity of donors, recipients, or identifiable records; ``(D) has established a system for encouraging donation by an ethnically diverse group of donors; ``(E) has developed adequate systems for communication with other cord blood stem cell banks, transplant centers, and physicians with respect to the request, release, and distribution of cord blood units nationally, and has developed such systems, consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, to track recipients' clinical outcomes for distributed units; and ``(F) has developed a system for educating the public, including patient advocacy organizations, about the benefits of donating and utilizing cord blood stem cells in appropriate circumstances. ``(c) Administration of the Network.-- ``(1) Board of directors.-- ``(A) In general.--The Secretary shall provide for the establishment of a Board of Directors, including a chairperson, who shall administer the National Cord Blood Stem Cell Network, including establishing a national cord blood stem cell registry within the Network and coordinating the donor banks in the Network. ``(B) Composition.-- ``(i) In general.--The Board of Directors shall be composed of members to be appointed by the Secretary who shall serve 3-year terms, and shall include representatives from-- ``(I) cord blood stem cell transplant centers; ``(II) physicians from participating birthing hospitals; ``(III) the cord blood stem cell research community; ``(IV) recipients of cord blood stem cell transplants; ``(V) patients or family members of a patient who has requested the assistance of the national cord blood stem cell registry in searching for donor cord blood; ``(VI) individuals with expertise in the social sciences; ``(VII) members of the general public; ``(VIII) the Health Resources and Services Administration, who shall serve as a nonvoting member; and ``(IX) the network donor banks. ``(ii) Terms of service.--Each member appointed under clause (i) may serve up to 2 consecutive 3-year terms, except that this clause shall not apply to the member appointed under subclause (VIII) of clause (i). ``(C) Continuity.--In order to ensure the continuity of the Board of Directors, the Board shall be appointed so that each year the terms of approximately \1/3\ of the Board members expire. A member of the Board may continue to serve after the expiration of the term of such a member until a successor is appointed. ``(2) National cord blood stem cell registry.-- ``(A) In general.--The Secretary, acting through the Administrator, shall establish as part of the Network a National Cord Blood Stem Cell Registry. The Registry shall-- ``(i) operate a system for identifying, acquiring, and distributing donated units of cord blood that are suitably matched to candidate patients; ``(ii) provide transplant physicians and other appropriate health care professionals the ability to search the entire registry for a suitable donor match for patients; and ``(iii) maintain a database to document the collection, storage, distribution, and clinical outcomes related to the Network. ``(B) Database.--The database maintained under subparagraph (A)(iii) shall be operated according to standards of consent, disclosure, and confidentiality, including those applicable under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. The Administrator, using the database, shall report to the Secretary on a periodic basis regarding the safety, efficacy, and cost-effectiveness of the clinical, research, and educational activities of the Network. The Secretary shall make such information available to the public. ``(3) Network standards.--The Board of Directors shall ensure that-- ``(A) the donor banks within the National Cord Blood Stem Cell Bank Network meet the requirements of subsection (b)(3); and ``(B) the National Cord Blood Stem Cell Bank Network is geographically distributed throughout the United States. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated, $15,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 through 2008.''.

Cord Blood Stem Cell Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Administrator of the Health Resources and Services Administration, to enter into contracts with qualified cord blood stem cell banks to assist in the establishment, provision, and maintenance of a National Cord Blood Stem Cell Bank Network of at least 150,000 units of human cord blood stem cells. Lists the purposes of qualifying donor banks and requirements qualifying donor banks must meet. Directs the Secretary, through the Administrator, to establish as part of the Network a National Cord Blood Stem Cell Registry. Sets forth the functions of the Registry, which shall include: (1) operating a system for identifying, acquiring, and distributing donated units or cord blood; (2) maintaining a database with certain information, including the clinical outcomes of all transplantations related to the Network; and (3) providing transplant physicians and other health care professionals with the ability to search for donor matches.

A bill to amend the Public Health Service Act to establish a National Cord Blood Stem Cell Bank Network to prepare, store, and distribute human umbilical cord blood stems cells for the treatment of patients and to support peer-reviewed research using such cells.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Contract Equity Act''. SEC. 2. CONTRACT GOALS FOR SMALL DISADVANTAGED BUSINESSES AND CERTAIN INSTITUTIONS OF HIGHER EDUCATION. (a) Modification of Limitation on Use of Price Adjustments.-- Subparagraph (B) of section 2323(e)(3) of title 10, United States Code, is amended-- (1) by redesignating clause (iii) as clause (iv); and (2) by inserting after clause (ii) the following new clause: ``(iii) No suspension shall be issued in an industry category under this paragraph if the President determines in writing that contracts for a price exceeding fair market cost are necessary to remedy demonstrated discrimination in such industry category. Any such determination shall be published in the Federal Register for a period of not less than 60 days before becoming effective. Any person or entity adversely affected by the application of such designation may seek judicial review in the appropriate United States district court.''. (b) Extension of Section 2323.--Subsection (k) of section 2323 of such Code is amended by striking out ``2000'' both places it appears and inserting in lieu thereof ``2005''. SEC. 3. MENTOR-PROTEGE PROGRAM IMPROVEMENTS. (a) Program Participation Term.--Subsection (e)(2) of section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is amended to read as follows: ``(2) A program participation term for any period of not more than three years, except that the term may be a period of up to five years if the Secretary of Defense determines in writing that unusual circumstances justify a program participation term in excess of three years.''. (b) Incentives Authorized for Mentor Firms.--Subsection (g) of such section is amended-- (1) in paragraph (1), by striking ``shall'' and inserting ``may''; (2) in paragraph (2)-- (A) in subparagraph (A)-- (i) by striking ``shall'' and inserting ``may''; (ii) by striking ``subsection (f)'' and all that follows through ``(i) as a line item'' and inserting ``subsection (f) as provided for in a line item''; (iii) by striking the semicolon preceding clause (ii) and inserting ``, except that this clause does not apply in a case in which the Secretary of Defense determines in writing that unusual circumstances justify reimbursement using a separate contract.''; and (iv) by striking clauses (ii), (iii), and (iv); and (B) by striking subparagraph (B) and inserting the following: ``(B) The determinations made in annual performance reviews of a mentor firm's mentor-protege agreement under subsection (l)(2) shall be a major factor in the determinations of amounts of reimbursement, if any, that the mentor firm is eligible to receive in the remaining years of the program participation term under the agreement. ``(C) The total amount reimbursed under this paragraph to a mentor firm for costs of assistance furnished in a fiscal year to a protege firm may not exceed $1,000,000, except in a case in which the Secretary of Defense determines in writing that unusual circumstances justify a reimbursement of a higher amount.''; and (3) in paragraph (3)(A), by striking ``either subparagraph (A) or (C) of paragraph (2) or are reimbursed pursuant to subparagraph (B) of such paragraph'' and inserting ``paragraph (2)''. (c) Five-Year Extension of Authority.--Subsection (j) of such section is amended to read as follows: ``(j) Expiration of Authority.--(1) No mentor-protege agreement may be entered into under subsection (e) after September 30, 2004. ``(2) No reimbursement may be paid, and no credit toward the attainment of a subcontracting goal may be granted, under subsection (g) for any cost incurred after September 30, 2005.''. (d) Reports and Reviews.--Subsection (l) of such section is amended to read as follows: ``(l) Reports and Reviews.--(1) The mentor firm and protege firm under a mentor-protege agreement shall submit to the Secretary of Defense an annual report on the progress made by the protege firm in employment, revenues, and participation in Department of Defense contracts during the fiscal year covered by the report. The requirement for submission of an annual report applies with respect to each fiscal year covered by the program participation term under the agreement and each of the two fiscal years following the expiration of the program participation term. The Secretary shall prescribe the timing and form of the annual report. ``(2)(A) The Secretary shall conduct an annual performance review of each mentor-protege agreement that provides for reimbursement of costs. The Secretary shall determine on the basis of the review whether-- ``(i) all costs reimbursed to the mentor firm under the agreement were reasonably incurred to furnish assistance to the protege firm in accordance with the requirements of this section and applicable regulations; and ``(ii) the mentor firm and protege firm accurately reported progress made by the protege firm in employment, revenues, and participation in Department of Defense contracts during the program participation term covered by the mentor-protege agreement and the two fiscal years following the expiration of the program participation term. ``(B) The Secretary shall act through the Commander of the Defense Contract Management Command in carrying out the reviews and making the determinations under subparagraph (A). ``(3) Not later than 6 months after the end of each of fiscal years 2000 through 2004, the Secretary of Defense shall submit to Congress an annual report on the mentor-protege program for that fiscal year. ``(2) The annual report for a fiscal year shall include, at a minimum, the following: ``(A) The number of mentor-protege agreements that were entered into during the fiscal year. ``(B) The number of mentor-protege agreements that were in effect during the fiscal year. ``(C) The total amount reimbursed to mentor firms pursuant to subsection (g) during the fiscal year. ``(D) Each mentor-protege agreement, if any, that was approved during the fiscal year in accordance with subsection (e)(2) to provide a program participation term in excess of 3 years, together with the justification for the approval. ``(E) Each reimbursement of a mentor firm in excess of the limitation in subsection (g)(2)(C) that was made during the fiscal year pursuant to an approval granted in accordance with that subsection, together with the justification for the approval. ``(F) Trends in the progress made in employment, revenues, and participation in Department of Defense contracts by the protege firms participating in the program during the fiscal year and the protege firms that completed or otherwise terminated participation in the program during the preceding two fiscal years.''. (e) Repeal of Limitation on Availability of Funding.--Subsection (n) of such section is repealed. (f) Effective Date and Savings Provision.--(1) The amendments made by this section shall take effect on October 1, 1999, and shall apply with respect to mentor-protege agreements that are entered into under section 831(e) of the National Defense Authorization Act for Fiscal Year 1991 on or after that date. (2) Section 831 of the National Defense Authorization Act for Fiscal Year 1991, as in effect on September 30, 1999, shall continue to apply with respect to mentor-protege agreements entered into before October 1, 1999.

Access to Contract Equity Act - States that, with respect to a contract goal by the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration for the award of five percent of their procurement contracts to small disadvantaged businesses and certain minority institutions, no suspension of price modifications (allowing an item's contract price to exceed fair market value) shall be issued in an industry category if the President determines that contracts for a price exceeding fair market value are necessary to remedy demonstrated discrimination in such category. Requires such determination to be published in the Federal Register, and allows any person affected by the application of such determination to seek appropriate judicial review. Amends provisions of the National Defense Authorization Act for Fiscal Year 1991 relating to the Mentor-Protege Pilot Program to: (1) make the program term three years, or five years in unusual circumstances as determined by the Secretary of Defense; (2) authorize (currently, requires) the Secretary to reimburse a mentor firm for the full cost of certain payments and assistance made under the program; (3) allow the Secretary to provide such reimbursement using a separate contract; (4) make determinations made in the annual performance reviews of a mentor firm's agreement a major factor in determining reimbursement amounts; and (5) limit to $1 million per fiscal year the total amount reimbursed for assistance to a protege firm, except when the Secretary determines that unusual circumstances justify reimbursement of a higher amount.

Access to Contract Equity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oral Health Promotion Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) Oral and general health are inseparable, and good dental care is critical to our overall physical health and well-being, yet 108 million Americans have no public or private dental insurance. (2) Although oral health in America has improved dramatically over the last 50 years, dental caries (cavities) are presently the single most common chronic childhood disease, five times more likely than asthma and seven times more common than hay fever. (3) According to the Surgeon General, low-income, minority children experience significant disparities in oral health status and access to basic dental care. In a year-long study, the Surgeon General found that fewer than one in five Medicaid- covered children received a single dental visit during that period and that 25 percent of poor and minority children never visit a dentist before entering kindergarten. (4) Poor children are more than twice as likely than their more affluent peers to have dental caries, which cause a significant amount of pain to children and cause difficulty eating, playing and learning, as well as many missed days of school, and which are more likely to go untreated. Surveys have shown that children miss nearly 52 million hours of school each year because of dental problems. (5) Low-income adults face similar problems with pain and limitations on daily activities and are more likely than those with higher incomes to lose permanent teeth and have untreated dental disease. Among adult workers, more than 164 million work hours are lost annually because of dental problems. SEC. 3. REQUIREMENT FOR DENTAL BENEFITS UNDER SCHIP. (a) In General.--Section 2103(c)(2) of the Social Security Act (42 U.S.C. 1397cc(c)(2)) is amended by adding at the end the following new subparagraph: ``(E) Dental services.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2003. SEC. 4. AUTHORITY TO PROVIDE DENTAL COVERAGE UNDER SCHIP AS A SUPPLEMENT TO OTHER HEALTH COVERAGE. (a) Authority To Provide Coverage.-- (1) SCHIP.-- (A) In general.--Section 2105(a)(1)(C) of the Social Security Act (42 U.S.C. 1397ee(a)(1)(C)) is amended-- (i) by inserting ``(i)'' after ``(C)''; and (ii) by adding at the end the following: ``(ii) notwithstanding clause (i), in the case of a State that satisfies the conditions described in subsection (c)(8) and at the option of a State, for child health assistance that consists only of coverage of dental services for a child who would be considered a targeted low-income child if-- ``(I) that portion of subparagraph (C) of section 2110(b)(1) relating to coverage of the child under a group health plan or under health insurance coverage did not apply, and such child has such coverage that does not include coverage of dental services; or ``(II) such child meets the requirements (other than income-related requirements) to be a targeted low-income child; and''. (B) Conditions described.--Section 2105(c) of such Act (42 U.S.C. 1397ee(c)) is amended by adding at the end the following: ``(8) Conditions for provision of dental services only coverage.--For purposes of subsection (a)(1)(C)(ii), the conditions described in this paragraph are the following: ``(A) Income eligibility.--The State child health plan (whether implemented under title XIX or this title)-- ``(i) has the highest income eligibility standard permitted under this title as of January 1, 2002; ``(ii) subject to subparagraph (B), does not limit the acceptance of applications for children; and ``(iii) provides benefits to all children in the State who apply for and meet eligibility standards. ``(B) No waiting list imposed.--With respect to children whose family income is at or below 200 percent of the poverty line, the State does not impose any numerical limitation, waiting list, or similar limitation on the eligibility of such children for child health assistance under such State plan.''. (C) Authorization of appropriations.--In addition to any funds otherwise authorized to be appropriated, there are authorized to be appropriated such additional funds as may be necessary to carry out the amendments made by subparagraphs (A) and (B). (D) State option to waive waiting period.--Section 2102(b)(1)(B) of such Act (42 U.S.C. 1397bb(b)(1)(B)) is amended-- (i) in clause (i), by striking ``and'' at the end; (ii) in clause (ii), by striking the period and inserting ``; and''; and (iii) by adding at the end the following new clause: ``(iii) at State option, may choose not to apply a waiting period in the case of a child described in section 2105(a)(1)(C)(ii), if the State satisfies the requirements of section 2105(c)(8) and provides such child with child health assistance that consists only of coverage of dental services.''. (E) Optional application to adults covered under waivers.--The amendments made by this paragraph shall also apply under title XXI of the Social Security Act at a State's option to adults receiving assistance under such title in a manner comparable to the manner in which such amendments apply to child health assistance furnished to a child covered under such title. (2) Application of enhanced match under medicaid.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (A) in subsection (b), in the fourth sentence, by striking ``or subsection (u)(3)'' and inserting ``(u)(3), or (u)(4)''; and (B) in subsection (u)-- (i) by redesignating paragraph (4) as paragraph (5); and (ii) by inserting after paragraph (3) the following new paragraph: ``(4) For purposes of subsection (b), the expenditures described in this paragraph are expenditures for dental services for children described in section 2105(a)(1)(C)(ii), but only in the case of a State that satisfies the requirements of section 2105(c)(8).''. (b) Effective Date.--The amendments made by subsection (a) take effect on the date of the enactment of this Act, and apply to child health assistance and medical assistance provided on or after that date. SEC. 5. ENHANCED MATCHING RATE UNDER MEDICAID FOR COVERAGE OF FULL ADULT DENTAL BENEFITS. (a) In General.--Section 1905(a)(4) of the Social Security Act (42 U.S.C. 1396d(a)(4)) is amended-- (1) by inserting ``(A)'' after ``with respect to''; and (2) by inserting before the period at the end the following: ``and (B) with respect to medical assistance provided for dental benefits for adults but only if such benefits cover the full range of dental benefits (including orthodontia and dentures)''. (b) Effective Date.--The amendments made by subsection (a) shall apply to medical assistance for items and services furnished on or after the date of the enactment of this Act, regardless of whether the State medicaid plan provided for full adult dental benefits before such date. SEC. 6. ESTABLISHMENT OF FUND FOR ORAL HEALTH SERVICES THROUGH COMMUNITY-BASED HEALTH CENTERS. (a) In General.--There is established in the Treasury of the United States a fund to be known as Community Oral Health Expansion Fund (referred to in this section as the ``Fund''). The Fund shall consist of such amounts as may be appropriated under subsection (b) to the Fund. Amounts appropriated for the Fund shall remain available until expended. (b) Authorization of Appropriations to Fund.--For each fiscal year beginning with fiscal year 2003, there is authorized to be appropriated to the Fund $140,000,000. (c) Use of Fund.-- (1) In general.--Amounts in the Fund and available pursuant to appropriations Act shall be used by the Secretary of Health and Human Services to make grants to the States for the purpose of establishing or expanding the availability of oral health services through Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act) or through other nonprofit private or public community-based providers of health services. (2) Certain uses.--The purposes for which a grant under paragraph (1) may be expended include, with respect to oral health services-- (A) recruiting and compensating staff; (B) purchasing equipment; and (C) constructing, modernizing, or renovating facilities. (3) Use for demonstration projects.--In conjunction with any of the uses specified under paragraph (2), grants under paragraph (1) also may be used by health centers and other community-based providers described in paragraph (1) for demonstration projects and demonstration partnerships with Head Start programs for identifying children at risk of dental disease and providing early intervention and prevention of such disease. (d) Requirement of Matching Funds.-- (1) In general.--With respect to the costs of the program to be carried out under subsection (c) by a State, a grant under such subsection may be made only if the State agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 10 percent of such costs ($1 for each $9 of Federal funds provided in the grant). (2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (e) Priority for States Covering Medicaid Level of Dental Benefits Under SCHIP and Preference for States With Market-Based Payment Rates for Dental Services Under Medicaid and SCHIP.--In awarding grants to States under this section, the Secretary of Health and Human Services shall-- (1) give priority to those States that provide, under its State child health insurance plan under title XXI of the Social Security Act, for the coverage of dental benefits in an amount, duration, and scope equivalent to that provided under its State medicaid plan under title XIX of such Act; and (2) give preference to States that provide for reimbursement under its State medicaid plan and its State child health insurance plan under titles XIX and XXI of such Act for dental services at levels consistent with market-based rates. (f) State Defined.--For purposes of this section, the term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act.

Oral Health Promotion Act of 2002 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to add dental services to coverage provided.Allows States the option of using Federal SCHIP funds to cover dental expenses for a child who is eligible for Medicaid under targeted low-income child Medicaid guidelines when the child has medical coverage that does not include dental services.Allows States the option of covering dental services of adults receiving assistance under SCHIP.Alters the Medicaid matching rate for adult full coverage dental benefits.Establishes in the Treasury the Community Oral Health Expansion Fund to expand the availability of oral health services through community-based centers. Authorizes the use of funds for demonstration projects and demonstration partnerships with Head Start programs for identifying children at risk of dental disease and providing prevention measures.Requires States to contribute, directly or indirectly, up to ten percent of demonstration project costs.Requires the Secretary of Health and Human Services to give grant: (1) priority to States covering a Medicaid level of dental benefits under SCHIP; and (2) preference to States with market-based payment rates for dental services under both Medicaid and SCHIP.

To amend titles XIX and XXI of the Social Security Act to provide for expanded dental coverage under Medicaid and State children's health insurance programs and to provide for funding for expanded community oral health services.

SECTION 1. FINDINGS. Congress makes the following findings: (1) It is estimated that 10 percent of all individuals who become infected with HIV/AIDS worldwide are children. (2) Mother-to-child transmission is the largest source of HIV infection in children under age 15 and the only source for very young children. The total number of births to HIV-infected pregnant women each year in developing countries is approximately 3,200,000. (3) In 1999, the United Nations estimated that 570,000 children age 14 or younger became infected with HIV. More than 90 percent were babies born to HIV-positive women. Almost \9/ 10\ of these babies were born in sub-Saharan Africa. (4) It is estimated that 1,800 infants become infected with HIV each day worldwide. (5) HIV/AIDS has doubled infant mortality in the most heavily impacted countries. (6) HIV may be transmitted during pregnancy, childbirth, and breastfeeding. The risk of a baby acquiring HIV from an infected mother ranges between 25-35 percent in developing countries. SEC. 2. STATEMENTS OF POLICY. Congress declares the following: (1) Primary prevention of mother-to-child transmission through education and prophylaxis is important to protect women of childbearing age from becoming infected with HIV in the first place. (2) Counseling and voluntary testing are critical services to help infected women accept their HIV status and the risk it poses to their unborn child. Mothers who are aware of their status can make informed decisions about sexual practices, childbearing, and infant feeding. (3) Privacy is paramount in counseling and voluntary services programs where women who are identified as HIV- positive may face discrimination, violence, and even death. Measures must be undertaken that protect the pregnant woman's absolute right to choose, on the basis of full information, whether to take advantage of the intervention. (4) Based on an international study performed in Uganda in 1999, the drug nevirapine reduced mother-to-child transmission of HIV/AIDS by 50 percent when given to the mother during labor and delivery and when given as a single dose to the infant within 72 hours of birth. This study constitutes a major breakthrough in the fight against HIV/AIDS. (5) The cost of the combined mother and infant dose is approximately $4, which makes a solution to this particular mode of transmission practicable in the short to medium term. (6) Replacement feeding is an important part of the strategy for lowering the rate of mother-to-child transmission of HIV/AIDS but should not undermine decades of promoting breastfeeding as the best possible nutrition for infants--which has been effective in lowering infant mortality in developing countries. (7) The affordability and cost-effectiveness of the strategy are dependent upon the local health infrastructure and cooperation with national and local policy decisionmakers and health professionals. SEC. 3. PILOT PROGRAMS FOR SUB-SAHARAN AFRICA AND INDIA TO PREVENT MOTHER-TO-CHILD HIV/AIDS TRANSMISSION. (a) Establishment of Programs.--The Director of the Centers for Disease Control and Prevention shall, through the LIFE Initiative program, establish and carry out pilot programs for sub-Saharan Africa and India to prevent mother-to-child HIV/AIDS transmission through effective partnerships with nongovernmental organizations and university-based research facilities. (b) Conduct of Programs.--(1) The pilot programs shall be limited to prenatal voluntary counseling, voluntary testing, and use of nevarapine and replacement feeding to establish ``best practices'' locally before introducing the services more widely. (2) The pilot programs shall, at a minimum, consist of activities-- (A) to address the issue of providers failing to recommend and offer HIV testing to pregnant women; (B) to voluntarily test and provide counseling services (with or without testing) that address the needs of pregnant women are counseled regarding mother-to-child transmission of HIV/AIDS; (C) to inform women who are infected of recommendations about prophylactic treatment and assistance for those women who elect to undergo treatment to be assisted to adhere to the treatment regimen before, during, and after delivery; (D) to counsel women who undergo the treatment with their infants and assistance to provide replacement feeding formula in order to ensure that the women do not breastfeed their babies; and (E) to provide treatment services that will be available without regard to age, ancestry, color, disability, national origin, race, religion, or political status. (c) Authorization of Appropriations.-- (1) In general.--In addition to amounts otherwise available for the purposes of this section, there are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2002 through 2004. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.

Directs the Director of the Centers for Disease Control and Prevention, through the LIFE Initiative program, to establish and carry out pilot programs for sub-Saharan Africa and India to prevent mother-to-child HIV/AIDS transmission through effective partnerships with nongovernmental organizations and university-based research facilities. Limits pilot programs to prenatal volunteer counseling, voluntary testing, and use of nevarapine and replacement feeding.

To authorize assistance for mother-to-child HIV/AIDS transmission prevention efforts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Robert Carey Service Disabled Veterans' Insurance Act of 2002''. SEC. 2. ADDITIONAL PROGRAM OF SERVICE DISABLED VETERANS' INSURANCE FOR VETERANS. (a) In General.--(1) Subchapter I of chapter 19 of title 38, United States Code, is amended by inserting after section 1922A the following new section: ``Sec. 1922B. Service disabled veterans' insurance: level premium term insurance ``(a) Subject to the provisions of this section, any person described in subsection (b) shall, upon payment of premiums as provided in subsection (f), be granted insurance by the United States against the death of such person occurring while such insurance is in force. ``(b) A person described in this subsection is any person as follows: ``(1) A person insured under section 1922(a) of this title if such person applies for insurance under this section within the times provided for under paragraphs (2) and (3) of subsection (e). ``(2) A person (other than a person described in paragraph (1)) who-- ``(A) is released from active military, naval, or air service, under other than dishonorable conditions; ``(B) is found by the Secretary to be suffering from a disability or disabilities for which compensation would be payable if 10 percent or more in degree; ``(C) except for the disability or disabilities referred to in subparagraph (B), would be insurable according to standards of good health established by the Secretary; and ``(D) has not attained the age of 65 years as of the date of application for insurance under this section. ``(c)(1) Insurance under this section for a person described in subsection (b)(1) is in addition to the insurance of such person under section 1922(a) of this title and the insurance, if any, of such person under section 1922A of this title. ``(2) A person deemed insured under section 1922(b) of this title is not eligible for or entitled to insurance under this section. ``(d)(1)(A) Subject to subparagraph (B) and except as provided in paragraph (3), the amount for which a person described by subsection (b)(1) is insured under this section shall, at the election of the person, be-- ``(i) $45,000; or ``(ii) an amount less than $45,000, but more than $5,000, that is evenly divisible by $5,000. ``(B) The amount of insurance elected under this paragraph by a person described by subsection (b)(1) may not cause the aggregate amount of insurance of the person under this section and sections 1922(a) and 1922A of this title to exceed $50,000. ``(2) Except as provided in paragraph (3), the amount for which a person described by subsection (b)(2) is insured under this section shall, at the election of the person, be-- ``(A) $50,000; or ``(B) an amount less than $50,000, but more than $5,000, that is evenly divisible by $5,000. ``(3) Upon attaining the age of 70 years, the amount for which a person is insured under this section shall be the amount equal to 20 percent of the amount otherwise elected by the person under paragraph (1) or (2), as applicable. ``(e)(1) A person seeking insurance under this section shall submit to the Secretary an application in writing for such insurance. ``(2) The application of a person under paragraph (1) shall be submitted not later than 10 years after the date of the release of the person from active military, naval, or air service. ``(3)(A) Except as provided in subparagraph (B), the application of a person under paragraph (1) shall be submitted not later than two years after the date on which the Secretary finds the service- connection for the disability or disabilities of the person on which the application is based. ``(B) In the case of a person shown by evidence satisfactory to the Secretary to have been mentally incompetent during any part of the two- year period otherwise applicable to the person under subparagraph (A), an application for insurance under this section shall be filed not later than the earlier of-- ``(i) two years after a guardian for the person is appointed; or ``(ii) two years after the removal of such disability or disabilities, as determined by the Secretary. ``(f)(1) Except as provided in paragraphs (2) and (3), a person insured under this section shall pay premiums for such insurance as determined under paragraph (4). ``(2) The provisions of section 1912 of this title shall apply with respect to payment of premiums for insurance under this section. ``(3) A person shall not be required to pay premiums for insurance under this section after attaining the age of 70 years. ``(4) The premium rates for insurance under this section shall be level, and shall be based on the Commissioners 1980 Standard Ordinary Basic Table of Mortality and interest at the rate of 5 per cent per annum. ``(5) All premiums and other collections for insurance under this section shall be credited directly to a revolving fund in the Treasury established for purposes of this section, and any payments on such insurance shall be made directly from such fund. ``(g)(1) Except as otherwise provided in this section, insurance under this section shall be issued on the same terms and conditions as are contained in standard policies of National Service Life Insurance, except that insurance issued under this section shall have no loan value or extended values. ``(2) All settlements on insurance under this section shall be paid in a lump sum. ``(h) Insurance under this section may be referred to as `Robert Carey Service Disabled Veterans' Insurance'.''. (2) The table of sections at the beginning of chapter 19 of that title is amended by inserting after the item relating to section 1922A the following new item: ``1922B. Service disabled veterans' insurance: level premium term insurance.''. (b) Coordination with Current Service Disabled Veterans' Insurance Program.--Section 1922 of title 38, United States Code, is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(5) A person deemed insured under this subsection is not eligible for or entitled to insurance under section 1922B of this title.''; and (2) by adding at the end the following new subsection: ``(d) A person insured under subsection (a) may also be eligible for insurance under section 1922B of this title in accordance with the provisions of that section.''. (c) Other Amendments to Current Service Disabled Veterans' Insurance Program.--Subsection (a) of such section 1922 is amended by striking ``Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2\1/4\ per centum per annum'' each place it appears in paragraphs (1) and (2) and inserting ``Commissioners 1980 Standard Ordinary Basic Table of Mortality and interest at the rate of 5 per cent per annum''. (d) Review of Applicability of Mortality Tables.--(1) The Secretary of Veterans Affairs shall, from time to time, evaluate the standard ordinary table of mortality being used for purposes of service disabled veterans' insurance under sections 1922 and 1922B of title 38, United States Code, in order to determine whether such table of mortality continues to be suitable for such purposes. (2) If as the result of an evaluation under paragraph (1) the Secretary determines that the standard ordinary table of mortality being used for purposes of insurance referred to in that paragraph is no longer suitable for such purposes, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report setting forth that determination and including a recommendation for an alternative standard ordinary table of mortality to be used for such purposes. (e) Regulations.--The Secretary of Veterans Affairs shall prescribe regulations for purposes of administering section 1922B of title 38, United States Code (as added by subsection (a)), and for purposes of administering the amendments to section 1922 of that title made by subsections (b) and (c). Such regulations shall take effect on October 1, 2003. (f) Authorization of Appropriations for Revolving Fund.--There is hereby authorized to be appropriated for the Department of Veterans Affairs for the revolving fund established pursuant to subsection (f)(5) of section 1922B of title 38, United States Code (as added by subsection (a) of this section), such sums as may be necessary for purposes of that section. (g) Effective Date.--The amendments made by subsections (a) through (c) shall take effect on October 1, 2003.

Robert Carey Service Disabled Veterans' Insurance Act of 2002 - Requires service-disabled veterans, upon payment of premiums, to be granted life insurance by the United States. Requires such veterans, in order to be eligible for such insurance, to be: (1) discharged or released from active military service under other than dishonorable conditions; (2) disabled to a degree of ten percent or more; and (3) under age 65. Provides insurance amounts, with limits dependent upon the existence of other insurance purchased through the Department of Veterans Affairs. Terminates required premium payments at age 70. Bases premium rates on the Commissioners 1980 Standard Ordinary Basic Table of mortality, with a five percent annual interest rate. Requires: (1) lump-sum settlement payments; and (2) coordination with the current Service Disabled Veterans' Insurance Program (requiring such Program to also use the 1980 mortality table). Requires the Secretary of Veterans Affairs, periodically, to review the suitability of the 1980 mortality table and, if necessary, recommend an alternative table.

A bill to amend title 38, United States Code, to provide an additional program of service disabled veterans' insurance for veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quiet Communities Act of 2001''. SEC. 2. FINDINGS. Congress finds that: (1) Approximately 28,000,000 Americans are afflicted with some hearing loss and it has been estimated that 10,000,000 of these impairments are at least partially attributable to damage from exposure to noise. (2) For millions of Americans, noise from aircraft, vehicular traffic, and a variety of other sources is a constant source of torment. Millions of Americans are exposed to noise levels that can lead to sleep loss, psychological and physiological damage, and work disruption. (3) Chronic exposure to noise has been linked to increased risk of cardiovascular disorders, learning deficits in children, stress, and diminished quality of life. (4) Excessive noise leading to sleep deprivation and task interruptions can result in untold costs on society in diminished worker productivity. (5) Pursuant to authorities granted under the Clean Air Act of 1970, the Noise Control Act of 1972, and the Quiet Communities Act of 1978, the Environmental Protection Agency established an Office of Noise Abatement and Control. Its responsibilities included promulgating noise emission standards, requiring product labeling, facilitating the development of low emission products, coordinating Federal noise reduction programs, assisting State and local abatement efforts, and promoting noise education and research. However, funding for the Office of Noise Abatement and Control was terminated in 1982 and no funds have been provided since. (6) Because the Environmental Protection Agency remains legally responsible for enforcing regulations issued under the Noise Control Act of 1972 even though funding for these activities were terminated, and because the Noise Control Act of 1972 prohibits State and local governments from regulating noise sources in many situations, noise abatement programs across the country lie dormant. (7) As population growth and air and vehicular traffic continue to increase, noise pollution is likely to become an even greater problem in the future. The health and welfare of our citizens demands that the Environmental Protection Agency, the lead Federal agency for the protection of public health and welfare, once again assume a role in combating noise pollution. SEC. 3. REESTABLISHMENT OF OFFICE OF NOISE ABATEMENT AND CONTROL. (a) Reestablishment.--The Administrator of the Environmental Protection Agency shall reestablish within the Environmental Protection Agency an Office of Noise Abatement and Control. (b) Duties.--The responsibilities of the Office include the following: (1) To promote the development of effective State and local noise control programs by providing States with technical assistance and grants to develop the programs, including the purchase of equipment for local communities. (2) To carry out a national noise control research program to assess the impacts of noise from varied noise sources on mental and physical health. (3) To carry out a national noise environmental assessment program to identify trends in noise exposure and response, ambient levels, and compliance data and to determine the effectiveness of noise abatement actions, including actions for areas around major transportation facilities (such as highways, railroad facilities, and airports). (4) To develop and disseminate information and educational materials to the public on the mental and physical effects of noise and the most effective means for noise control through the use of materials for school curricula, volunteer organizations, radio and television programs, publications, and other means. (5) To develop educational and training materials and programs, including national and regional workshops, to support State and local noise abatement and control programs. (6) To establish regional technical assistance centers which use the capabilities of university and private organizations to assist State and local noise control programs. (7) To undertake an assessment of the effectiveness of the Noise Control Act of 1972. (c) Preferred Approaches.--In carrying out its duties under this section, the Office shall emphasize noise abatement approaches that rely on local and State activities, market incentives, and coordination with other public and private agencies. (d) Study.-- (1) In general.--Using funds made available to the Office, the Administrator shall carry out a study of airport noise. The Administrator shall carry out the study by entering into contracts or other agreements with independent scientists with expertise in noise measurements, noise effects, and noise abatement techniques to conduct the study. (2) Contents.--The study shall examine the selection of noise measurement methodologies by the Federal Aviation Administration, the threshold of noise at which health impacts are felt, and the effectiveness of noise abatement programs at airports around the Nation. (3) Report.--Not later than 24 months after the date of enactment of this Act, the Administrator shall transmit to Congress a report on the results of the study, together with specific recommendations on new measures that can be implemented to mitigate the impact of aircraft noise on surrounding communities. SEC. 4. GRANTS UNDER QUIET COMMUNITIES PROGRAM. Section 14(c)(1) of the Noise Control Act of 1972 (42 U.S.C. 4913(c)(1)) is amended-- (1) by striking ``and,'' at the end of subparagraph (C); and (2) by adding at the end the following: ``(E) establishing and implementing training programs on use of noise abatement equipment; and ``(F) implementing noise abatement plans;''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for each of fiscal years 2002 through 2006 $21,000,000 for activities of the Office of Noise Abatement and Control reestablished under section 3.

Quiet Communities Act of 2001 - Directs the Administrator of the Environmental Protection Agency to reestablish an Office of Noise Abatement and Control.Requires the Administrator, using funds made available to the Office, to carry out a study of airport noise.Amends the Noise Control Act of 1972 to include the establishment of training programs on the use of noise abatement equipment and the implementation of noise abatement plans in the list of purposes for which grants under the Quiet Communities Program are provided.

To reestablish the Office of Noise Abatement and Control in the Environmental Protection Agency, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Injury Compensation Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) United States goods and services compete in global markets and it is necessary for trade agreements to promote such competition. (2) The current dispute resolution mechanism of the World Trade Organization is designed to resolve disputes in a manner that brings stability and predictability to world trade. (3) When foreign countries refuse to comply with a panel or Appellate Body report of the World Trade Organization and violate any of the Uruguay Round Agreements, it has a deleterious effect on the United States economy. (4) A WTO member can retaliate against a country that refuses to implement a panel or Appellate Body report by imposing additional duties of up to 100 percent on goods imported from the noncomplying country. (5) The World Trade Organization Dispute Settlement Body found in favor of the United States regarding the European Union's ban on United States beef produced with hormones and authorized retaliation subsequent to the European Union's failure to implement that decision. (6) The United States beef industry has suffered by the European Union's continued noncompliance with the World Trade Organization ruling and should be remedied through the establishment of a Beef Industry Compensation Trust Fund until compliance is achieved. (7) In cases where additional duties are imposed such as the United States beef and the European Union dispute, the additional duties should be used to provide relief to the United States beef industry that has been insured by noncompliance. SEC. 3. DEFINITIONS. In this Act: (1) Uruguay round agreements.--The term ``Uruguay Round Agreements'' has the meaning given such term in section 2(7) of the Uruguay Round Agreements Act (19 U.S.C. 3501(7). (2) World trade organization.--The term ``World Trade Organization'' means the organization established pursuant to the WTO Agreement. (3) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing The World Trade Organization entered into on April 15, 1994. (4) WTO and wto member.--The terms ``WTO'' and ``WTO member'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). (5) Injured producer.--The term ``injured producer'' means a domestic producer of a product (including an agricultural product) with respect to which a dispute resolution proceeding has been brought before the World Trade Organization, if the dispute resolution is resolved in favor of the producer, and the foreign country against which the proceeding has been brought has failed to comply with the report of the panel or Appellate Body of the WTO. (6) Beef retaliation list.--The term ``beef retaliation list'' means the list of products of European Union countries with respect to which the United States Trade Representative is imposing duties above the level that would otherwise be imposed under the Harmonized Tariff Schedule of the United States as a result of the European Union's ban on the importation of United States beef produced with hormones. SEC. 4. BEEF INDUSTRY COMPENSATION TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Beef Industry Compensation Trust Fund'' (referred to in this Act as the ``Fund'') consisting of such amounts as may be appropriated or credited to the Fund under subsection (b) and any interest earned on investment of amounts in the Fund under subsection (c)(2). (b) Transfer of Amounts Equivalent to Certain Duties.-- (1) In general.--There are hereby appropriated and transferred to the Fund an amount equal to the amount received in the Treasury as a result of the imposition of additional duties imposed on the products on a United States beef retaliation list. (2) Transfers based on estimates.--The amounts required to be transferred under paragraph (1) shall be transferred at least quarterly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (c) Investment of Fund.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the Secretary's judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. (2) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Distributions From Fund.--Amounts in the Fund shall be available as provided in appropriations Acts, for making distributions in accordance with subsections (e) and (f). (e) Availability of Amounts From Fund.--From amounts available in the Fund (including any amounts not obligated in previous fiscal years), the Secretary of Agriculture is authorized to provide grants to a nationally recognized beef promotion and research board established for the education and market promotion of the United States beef industry for the following purposes: (1) To provide assistance to United States beef producers to improve the quality of beef produced in the United States. (2) To provide assistance to United States beef producers in market development, consumer education, and promotion of the beef industry in overseas markets. (f) Termination of Fund.-- (1) In general.--The Secretary of the Treasury shall cease the transfer of amounts equivalent to the duties on the beef retaliation list when the European Union complies with the World Trade Organization ruling allowing United States beef producers access to the European market and additional duties are no longer imposed on products listed on the beef retaliation list. (2) Distribution of unused funds.--The Secretary of Agriculture shall distribute any unused funds in a manner that benefits the domestic beef industry. (g) Report to Congress.--The Secretary of the Treasury shall, after consultation with the Secretaries of Agriculture, Commerce, and Labor, report to the Congress each year on the financial condition and the results of the operations of the Fund during the preceding fiscal year and on its expected condition and operations during the next fiscal year. SEC. 5. PROHIBITION ON REDUCING SERVICES OR FUNDS. No payment made to an injured producer under this Act shall result in the reduction or denial of any service or assistance with respect to which the injured producer would otherwise be entitled.

Authorizes the Secretary of Agriculture to provide grants to a nationally recognized beef promotion and research board to assist U.S. beef producers: (1) improve U.S. beef quality; and (2) promote and develop overseas markets. Terminates the Fund when: (1) the European Union complies with the World Trade Organization ruling allowing U.S. producers access to the European market; and (2) additional duties are no longer imposed on products listed on the beef retaliation list.

Trade Injury Compensation Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Displaced Jewish Refugees from Arab Countries and Iran Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Armed conflicts in the Middle East have created refugee populations numbering in the millions and comprised of peoples from many ethnic, religious, and national backgrounds. (2) Jews have lived mostly as a minority in the Middle East, North Africa, and the Persian Gulf region for more than 2,500 years. (3) The United States has long voiced its concern about the mistreatment of minorities and the violation of human rights in the Middle East and elsewhere. (4) The United States continues to play a pivotal role in seeking an end to the Arab-Israeli conflict in the Middle East and to promoting a peace that will benefit all the peoples of the region. (5) United States administrations historically have called for a just solution to the Palestinian refugee issue. (6) The Palestinian refugee issue has received considerable attention from countries of the world while the issue of Jewish refugees from the Arab and Muslim worlds has received very little attention. (7) A comprehensive peace in the region will require the resolution of all outstanding issues through bilateral and multilateral negotiations involving all concerned parties. (8) Approximately 850,000 Jews were displaced from Arab countries and Iran since the declaration of the State of Israel in 1948. (9) The United States has demonstrated interest and concern about the mistreatment, violation of rights, forced expulsion, and expropriation of assets of minority populations in general, and, in particular, former Jewish refugees displaced from Arab countries as evidenced, among other things, by-- (A) the Memorandum of Understanding signed by President Jimmy Carter and Israeli Foreign Minister Moshe Dayan on October 4, 1977, which states that ``[a] solution of the problem of Arab refugees and Jewish refugees will be discussed in accordance with rules which should be agreed''; (B) after negotiating the Camp David Accords, the Framework for Peace in the Middle East, the statement by President Jimmy Carter in a press conference on October 27, 1977, that ``Palestinians have rights . . . obviously there are Jewish refugees . . . they have the same rights as others do''; and (C) in an interview after Camp David II in July 2000, at which the issue of Jewish refugees displaced from Arab lands was discussed, the statement by President Clinton that ``There will have to be some sort of international fund set up for the refugees. There is, I think, some interest, interestingly enough, on both sides, in also having a fund which compensates the Israelis who were made refugees by the war, which occurred after the birth of the State of Israel. Israel is full of people, Jewish people, who lived in predominantly Arab countries who came to Israel because they were made refugees in their own land.''. (10) On April 1, 2008, the House of Representatives passed House Resolution 185, expressing the sense of the House of Representatives that-- (A) for any comprehensive Middle East peace agreement to be credible and enduring, the agreement must address and resolve all outstanding issues relating to the legitimate rights of all refugees, including Jews, Christians, and other populations, displaced from countries in the Middle East; and (B) the President should instruct the United States Representative to the United Nations and all United States representatives in bilateral and multilateral fora to-- (i) use the voice, vote, and influence of the United States to ensure that any resolutions relating to the issue of Middle East refugees, and which include a reference to the required resolution of the Palestinian refugee issue, must also include a similarly explicit reference to the resolution of the issue of Jewish refugees from Arab countries; and (ii) make clear that the United States Government supports the position that, as an integral part of any comprehensive Arab-Israeli peace, the issue of refugees from the Middle East, North Africa, and the Persian Gulf must be resolved in a manner that includes recognition of the legitimate rights of and losses incurred by all refugees displaced from Arab countries, including Jews, Christians, and other groups. (11) The international definition of a refugee clearly applies to Jews who fled the persecution of Arab regimes and Iran, where a refugee is a person who ``owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country'' (the 1951 Convention relating to the Status of Refugees). (12) On January 29, 1957, the United Nations High Commissioner for Refugees (UNHCR), determined that Jews fleeing from Arab countries were refugees who fell within the mandate of the UNHCR. (13) Dr. E. Jahn of the Office of the United Nations High Commissioner stated in a UNHCR declaration, on July 6, 1967: ``I refer to our recent discussion concerning Jews from Middle Eastern and North African countries in consequence of recent events. I am now able to inform you that such persons may be considered prima facie within the mandate of this Office.''. (14) Israel's agreements with Egypt, Jordan, and the Palestinians have affirmed that a comprehensive solution to the Arab-Israeli conflict will require a just solution to the plight of all refugees. (15) Israel has adopted multiple government decisions affirming its long-standing position in support of the rights and claims of Jewish refugees from Arab countries and Iran. (16) In February 2010, the Israeli Knesset adopted a law preserving the rights for compensation for Jewish refugees who originated from Arab countries and Iran. According to this law, the Israeli government and its prime minister are instructed to raise the issue of compensation for private and communal property during negotiations. (17) The initiative to secure rights and redress for Jews who were forced to flee Arab countries and Iran does not conflict with the right of Palestinian refugees to claim redress. (18) All countries should be aware of the plight of Jews and other minority groups displaced from countries in the Middle East, North Africa, and the Persian Gulf. (19) An international campaign has been proceeding in numerous countries, including the United States, to record the history and legacy of Jewish refugees from Arab countries and Iran. (20) Media reports have indicated that the framework that Secretary of State John Kerry has proposed for the negotiations between the Israelis and Palestinians includes a proposal for compensation for Jewish refugees. SEC. 3. STATEMENTS OF POLICY. Congress makes the followings statements of policy: (1) A just, comprehensive Arab-Israeli peace cannot be reached without addressing the uprooting of centuries-old Jewish communities in the Middle East, North Africa, and the Persian Gulf. (2) As a matter of law and equity, history reveals that there were two large refugee populations--Arabs and Jews--that were precipitated just before, during, and after the Arab- Israeli War in 1948. (3) It would be fundamentally unfair for the United States to recognize rights for one population--Palestinian refugees-- without recognizing equal rights for other refugees from that very same Middle East conflict--former Jewish, Christian and other refugees from Arab countries and Iran. (4) Any United States Government statements that include a reference to the required resolution of the Palestinian refugee issue, such as at the United Nations or as part of the Middle East Quartet, must also include a similarly explicit reference to the resolution of the issue of Jewish refugees from Arab countries and Iran. SEC. 4. REPORT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a report on actions the Department of State and other relevant Federal departments and agencies have taken relating to the resolution of the issue of Jewish refugees from Arab countries and Iran with respect to the preceding year. (b) Matters To Be Included.--The report required by subsection (a) shall include a description of the following: (1) Actions in bilateral and multilateral fora to address the issue of rights for Jewish refugees from Arab countries, as expressed by the House of Representatives in paragraph (2) of the first section of House Resolution 185 (as passed the House of Representatives on April 1, 2008) and described in section 2(10)(B) of this Act. (2) Measures to help ensure that the interests of Jews displaced from Arab countries and Iran are considered in any final settlement of the Middle East refugee question that is part of any comprehensive Arab-Israeli peace. Such measures shall include statements on the issue and reports to the Middle East Quartet. (3) Efforts to make certain the interests of all refugees displaced as a result of the Arab-Israeli conflict, including Arabs, Jews, Christians, and other groups, are considered in any final settlement of the Middle East refugee question that is part of any comprehensive Arab-Israeli peace. (c) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary. (d) Termination.--The requirement to submit to Congress the report under subsection (a) shall terminate on the date on which the President certifies to Congress that an agreement has been agreed to between the parties to resolve the issues described in paragraphs (1), (2), and (3) of subsection (b).

Displaced Jewish Refugees from Arab Countries and Iran Act This bill directs the President to report annually to Congress on actions the Department of State and other relevant federal departments and agencies have taken in the preceding year regarding resolution of the issue of Jewish refugees from Arab countries and Iran. The report shall include a description of: actions in bilateral and multilateral fora to address the issue of rights for Jewish refugees from Arab countries; and measures to help ensure that the interests of Jews displaced from Arab countries and Iran and of all refugees displaced as a result of the Arab-Israeli conflict, including Arabs, Jews, Christians, and other groups, are considered in any final settlement of the Middle East refugee question that is part of any comprehensive Arab-Israeli peace.

Displaced Jewish Refugees from Arab Countries and Iran Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supportive Communities Helping Offer Opportunities for Learning Act of 2005'' or as the ``SCHOOL Act of 2005''. SEC. 2. ESTABLISHMENT OF SUPPORTIVE COMMUNITIES HELPING OFFER OPPORTUNITIES FOR LEARNING PROGRAM. (a) In General.--The Secretary of Education shall establish a program to be known as the ``Supportive Communities Helping Offer Opportunities for Learning Program'' or as the ``SCHOOL Program''. (b) Certification of Scholarship Granting Organizations.-- (1) In general.--The Secretary of Education may certify an organization as a scholarship granting organization participating in the SCHOOL Program if such organization meets all of the following requirements: (A) Notifies the Secretary of its intent to provide educational scholarships for eligible students attending qualified schools. (B) Demonstrates to the Secretary that it is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (C) Provides a receipt to taxpayers for contributions made to the organization. (D) Ensures that at least 90 percent of its annual receipts are spent on educational scholarships, and that all receipts from interest or investments is spent on educational scholarships. (E) Spends each year a portion of its expenditures on scholarships for low-income eligible students equal to the percentage of low-income eligible students in the county where the organization expends the majority of its scholarships. (F) Ensures that at least 30 percent of first time recipients of educational scholarships were not continuously enrolled in a private elementary or secondary school during the previous year. (G) Distributes periodic scholarship payments as checks made out to a student's parent or guardian and mailed to the qualified school where the student is enrolled. (H) Cooperates with the Secretary in conducting criminal background checks on all of its employees and board members and excluding from employment or governance any individual that might reasonably pose a risk to the appropriate use of contributed funds. (I) Ensures that scholarships are portable during the school year and can be used at any qualified school that accepts the student according to a parent's wishes. (J) Ensures that if a student moves to a new qualified school during a school year, the scholarship amount may be prorated. (K) Demonstrates its financial accountability by-- (i) submitting a financial information report for the organization that complies with uniform financial accounting standards established by the Secretary and that has been conducted by a certified public accountant; and (ii) having an auditor certify that the report is free of material misstatements. (L) Demonstrates its financial viability, if the organization is to receive donations of $50,000 or more during any school year (as determined by the Secretary), by-- (i) filing with the Secretary prior to the start of the school year a surety bond payable to the Federal Government in an amount equal to the aggregate amount of contributions expected to be received during the school year; or (ii) filing with the Secretary prior to the start of the school year financial information that demonstrates the financial viability of the organization. (M) Ensures that qualified schools that accept its scholarship students will-- (i) comply with all health and safety laws or codes that apply to the school; (ii) hold a valid occupancy permit if required by their municipality; (iii) certify that they will not discriminate in admissions on the basis of race, color, national origin, religion or disability; and (iv) provide academic accountability to parents of the students in the program by regularly reporting to the parent on the student's progress. (N) Does not provide educational scholarships for students to attend any school with paid staff or board members, or relatives thereof, in common with the organization. (O) Publicly reports to the Secretary by June 1 of each year the following information prepared by a certified public accountant for the previous calendar year-- (i) the name and address of the organization; (ii) the total number and total dollar amount of contributions received during the previous calendar year; (iii) the total number and total dollar amount of educational scholarships awarded during the previous calendar year; (iv) the total number and total dollar amount of educational scholarships awarded during the previous year to low-income eligible students; and (v) the percentage of first time recipients of educational scholarships who were continuously enrolled in a public elementary or secondary school during the previous year. (2) Definitions.--For purposes of this subsection-- (A) Educational scholarships.--The term ``educational scholarships'' means grants for eligible students to cover all or part of-- (i) in the case of a private or religious school which charges tuition or fees, the tuition and fees of such school, (ii) in the case of a public school, the cost of transportation to such school, and (iii) in the case of any other school or program, such expenses as the Secretary of Education may provide. (B) Qualified school.--The term ``qualified school'' means any public, private, religious, or other school or program which provides elementary or secondary education (as determined under State law). (C) Eligible student.--The term ``eligible student'' means any student who-- (i) has not-- (I) attained age 21, or (II) been graduated from high school, and (ii) as of the time that such student first receives assistance under the SCHOOL Program, is a member of a household whose total annual income during the year before receipt of such assistance does not exceed an amount equal to 2.5 times the highest amount of income which qualifies for a reduced price lunch under section 9(b)(1) of the Richard B. Russell National School Lunch Act. (D) Low-income eligible student.--The term ``low- income eligible student'' means a student who meets the requirements of paragraph (3)(A) and who qualifies for a free or reduced price lunch under section 9(b)(1) of the Richard B. Russell National School Lunch Act. (E) Parent.--The term ``parent'' includes a guardian, custodian, or other person with authority to act on behalf of the child. (c) Duties of the Secretary of Education.--The Secretary of Education shall-- (1) adopt such rules and procedures as are necessary or appropriate to implement the SCHOOL Program; and (2) provide a standardized format for certified organizations to report the information described in subsection (b)(1)(O). SEC. 3. EDUCATIONAL IMPROVEMENT CONTRIBUTIONS CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: ``SEC. 30B. EDUCATIONAL IMPROVEMENT CONTRIBUTIONS CREDIT. ``(a) In General.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the aggregate amount of the qualified contributions made by the taxpayer to qualified scholarship granting organizations during the taxable year. ``(b) Limitation.-- ``(1) Individuals.--In the case of an individual, the amount of the credit determined under this section for any taxable year shall not exceed $3,000 ($6,000 in the case of a joint return). ``(2) Corporations.--In the case of a corporation, the amount of the credit determined under this section for any taxable year shall not exceed the lesser of-- ``(A) 5 percent of the taxpayer's regular tax liability for the taxable year, or ``(B) $20,000. ``(c) Qualified Scholarship Granting Organization.--For purposes of this section, the term `qualified scholarship granting organization' means any organization which-- ``(1) is described in section 501(c)(3) and exempt from tax under section 501(a), and ``(2) has in effect a certification from the Secretary of Education that such organization is a scholarship granting organization participating in the SCHOOL Program (within the meaning of section 2 of the SCHOOL Act of 2005). ``(d) Qualified Contributions.--For purposes of this section, the term `qualified contribution' means any cash contribution which the taxpayer elects (at such time and in such form and manner as the Secretary may prescribe) to treat as a qualified contribution. ``(e) Coordination With Other Credits; Carryover of Unused Credit.-- ``(1) In general.--If the credit allowable under subsection (a) for a taxable year exceeds the limitation imposed by paragraph (2) for such taxable year, such excess shall be carried over to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. No credit may be carried forward under this subsection to any taxable year following the third taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. ``(2) Application with other credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax liability for the taxable year reduced by the sum of the credits allowed by this part (other than this section), over ``(B) the tentative minimum tax for the taxable year. ``(f) Special Rules.-- ``(1) Substantiation.--No credit shall be allowed under subsection (a) with respect to any contribution to a qualified scholarship granting organization unless the taxpayer attaches to the taxpayer's return for the taxable year a receipt from such organization which meets such requirements as the Secretary may establish. ``(2) Controlled groups.--Rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section. ``(3) Denial of double benefit.--No deduction or credit shall be allowed under this subtitle for any contribution which is taken into account under this section. ``(g) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Coordination With Limitations on Charitable Deductions.-- Subsection (c) of section 170 of such Code is amended by adding at the end the following: ``Such term shall not include any contribution taken into account under section 30B.'' (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Educational improvement contributions credit.''. (d) Effective Date.--The amendments made by this section shall apply to contributions made during taxable years beginning after the date of the enactment of this Act.

Supportive Communities Helping Offer Opportunities for Learning Act of 2005 - SCHOOL ACT of 2005 - Directs the Secretary of Education to establish the Supportive Communities Helping Offer Opportunities for Learning (SCHOOL) Program. Allows educational scholarships under the SCHOOL Program to be grants to eligible low-income elementary or secondary school students to cover all or part of: (1) private or religious school tuition and fees; (2) the cost of transportation to a public school; or (3) any other school or educational program expenses as the Secretary may determine. Authorizes the Secretary to certify scholarship granting organizations participating in the SCHOOL Program if they meet specified requirements. Amends the Internal Revenue Code to allow an income tax credit for individuals and corporations for their contributions to qualified scholarship granting organizations certified as SCHOOL Program participants.

To establish the Supportive Communities Helping Offer Opportunities for Learning Program and to allow an income tax credit for contributions to qualified scholarship granting organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Navigation Assistance Act of 2016''. SEC. 2. MEDICAID COVERAGE FOR PATIENT NAVIGATOR SERVICES. (a) In General.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) by inserting after paragraph (77) the following new paragraph: ``(78) provide that the State shall reimburse an eligible entity (as defined in subsection (ll)(1)) for any patient navigator service (as defined in subsection (ll)(3)) that is provided-- ``(A) to an individual who is eligible for medical assistance under the State plan; and ``(B) by a patient navigator (as defined in subsection (ll)(2)) through the eligible entity.''; and (2) by adding at the end the following new subsection: ``(ll) Patient Navigator Services Definitions.--For purposes of this section: ``(1) Eligible entity.--The term `eligible entity' means an entity that-- ``(A) is an eligible entity (as defined in subsection (l)(1) of section 340A of the Public Health Service Act); and ``(B) complies with the following requirements of such section (insofar as they apply to a grant recipient under such section): ``(i) Subsection (b) (relating to patient navigator duties and community knowledge). ``(ii) Subsection (c) (relating to prohibitions). ``(iii) Subsection (e) (relating to applications). ``(iv) Subsection (j)(3) (relating to reports). ``(2) Patient navigator.-- ``(A) In general.--The term `patient navigator' has the meaning given such term in section 340A(l)(3) of the Public Health Service Act. ``(B) Consultation with advisory committee.-- ``(i) In general.--The Secretary shall consult with the patient navigation advisory committee to the extent necessary to further clarify the definition of the term `patient navigator' for purposes of this section, including establishing requirements to ensure adequate training for such navigators, such as developing a training curriculum. ``(ii) Membership.--The Secretary shall convene a patient navigation advisory committee. The members of such committee shall include-- ``(I) representatives from relevant Federal departments and agencies, including the National Institutes of Health, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, and the Centers for Medicare & Medicaid Services; and ``(II) individuals and representatives of public and private organizations with expertise in patient navigation. ``(3) Patient navigator services.--The term `patient navigator service' means a service that is a duty specified under paragraphs (1) through (6) of subsection (b) of section 340A of the Public Health Service Act and that is provided by a patient navigator through an eligible entity.''. (b) Treatment as Medical Assistance for Purposes of FMAP.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) in paragraph (28), by striking ``and'' at the end; (2) by redesignating paragraph (29) as paragraph (30); and (3) by inserting after paragraph (28) the following new paragraph: ``(29) patient navigator services (as defined in section 1902(ll)(3)) that are provided in a manner that meets the requirements of section 1902(a)(78); and''. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply to patient navigator services provided after the first day of the first calendar year that begins after the date of enactment of this Act. (2) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act, which the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this Act, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of 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 shall be considered to be a separate regular session of the State legislature.

Patient Navigation Assistance Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act to require state Medicaid programs to provide medical assistance for patient navigator services. ("Patient navigators" are individuals who are trained to facilitate the care of other individuals and who have direct knowledge of the communities they serve.)

Patient Navigation Assistance Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elder Pride Act of 2018''. SEC. 2. DEFINITIONS. Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended-- (1) by redesignating paragraphs (34) through (40) and paragraphs (41) through (54) as paragraphs (35) through (41) and paragraphs (43) through (56), respectively; (2) by inserting after paragraph (33) the following: ``(34) The term `LGBT' means lesbian, gay, bisexual, or transgender.''; and (3) by inserting after paragraph (41), as so redesignated, the following: ``(42) The term `older LGBT individual' means an older individual that identifies as LGBT.''. SEC. 3. OFFICE OF OLDER LGBT POLICY. (a) Establishment.-- (1) In general.--Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is amended by adding at the end the following: ``(g)(1) There is established in the Administration an Office of Older LGBT Policy (referred to in this subsection as the `Office'). ``(2) The Office shall be headed by a Director of the Office of Older LGBT Policy (referred to in this subsection as the `Director') who shall be appointed by the Secretary. ``(3) The Director shall-- ``(A) coordinate activities within the Department of Health and Human Services, and between other Federal departments and agencies, to assure a continuum of improved services for older LGBT individuals; ``(B) serve as the effective and visible advocate on behalf of older LGBT individuals-- ``(i) within the Department of Health and Human Services and with other departments and agencies of the Federal Government regarding all Federal policies affecting such individuals; and ``(ii) in the States to promote the enhanced delivery of services and implementation of programs, under this Act and other Federal Acts, for the benefit of such individuals; ``(C) support, conduct, and arrange for research in the field of LGBT aging with a special emphasis on gathering statistics on older LGBT individuals; ``(D) collect and disseminate information related to challenges experienced by older LGBT individuals with an emphasis on the challenges experienced by older LGBT individuals residing in rural areas and older LGBT individuals living with human immunodeficiency virus and acquired immune deficiency syndrome (HIV/AIDS); ``(E) recommend policies and priorities beneficial to older LGBT individuals and promote the implementation and adoption of culturally competent care and services for such individuals; and ``(F) administer and evaluate grants that will help older LGBT individuals, including grants under section 423. ``(4) Not later than January 31 of fiscal year 2023 and of each fifth fiscal year thereafter, the Director shall submit to Congress a report describing the activities carried out under this subsection during the preceding 5 fiscal years.''. SEC. 4. RURAL OUTREACH GRANT PROGRAM. Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the following: ``SEC. 423. RURAL OUTREACH GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Director.--The term `Director' means the Director of the Office of Older LGBT Policy, established under section 201(g). ``(2) Eligible entity.--The term `eligible entity'-- ``(A) means an entity that submits an application to the Director in accordance with subsection (d), and is-- ``(i) a State; or ``(ii) an agency, organization, or institution that focuses on serving the needs of older individuals or LGBT individuals; and ``(B) may include an area agency on aging for a rural area or a multipurpose senior center. ``(3) Rural area.--The term `rural area' means an area that is not designated by the United States Census Bureau as an urbanized area or urban cluster. ``(b) Purpose.--The purpose of this section is to provide eligible entities with resources and incentives to devise a long-term comprehensive strategy for connecting with older LGBT individuals residing in rural areas and meeting the needs of such individuals. ``(c) Authority for Grants.--The Director may, for the purpose described in subsection (b), make grants to eligible entities to carry out activities approved by the Director in accordance with subsection (e). ``(d) Applications.-- ``(1) In general.--An eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require, including the contents described in paragraph (2). ``(2) Contents.--An application for a grant under this section shall contain-- ``(A) a description of the proposed activities to be supported by the grant; ``(B) a description of the size and characteristics of the population in a rural area served by such activities; ``(C) a description of the public and private resources expected to be made available in connection with such activities; ``(D) a demonstrated intent to partner with local organizations in rural areas in carrying out such activities; ``(E) evidence in a form acceptable to the Director that such activities will meet urgent needs that are not met by available public and private sources; and ``(F) such other information or certifications that the Director determines necessary to achieve the purpose described in subsection (b). ``(e) Approved Activities.-- ``(1) In general.--A grant under this section shall be available only for activities approved by the Director to carry out a strategy designed to create a cooperative and lasting partnership between older LGBT individuals residing in rural areas and the eligible entity receiving the grant. ``(2) Approved activities.--Activities approved by the Director may include initiatives that-- ``(A) engage in education and training around community outreach to older LGBT individuals residing in rural areas; ``(B) reduce isolation and improve access to care for older LGBT individuals residing in rural areas by building relationships between such individuals and the local community; ``(C) foster relationships between local LGBT- affirming service providers and older LGBT individuals residing in rural areas; ``(D) improve LGBT cultural competency among organizations and personnel providing services to older individuals residing in rural areas; and ``(E) expand the use of non-discrimination policies that-- ``(i) protect sexual orientation and gender identity; and ``(ii) create community spaces that are inclusive to older LGBT individuals. ``(f) Standards and Guidelines.--The Director shall establish standards and guidelines for approved activities supported by a grant under this section. Such standards and guidelines shall permit an eligible entity receiving such a grant to refine or adapt the standards and guidelines for an individual project, where such a refinement or adaptation is made necessary by a local circumstance. ``(g) Coordination With Local Entities.-- ``(1) Cooperation.--An eligible entity receiving a grant under this section shall, in carrying out the approved activities supported by the grant, agree to cooperate and coordinate with-- ``(A) the agencies of the relevant State and local governments responsible for providing services to older LGBT individuals in the area served by such activities; and ``(B) other public and private organizations and agencies providing services for older LGBT individuals in such area. ``(2) Prioritization.--An eligible entity receiving a grant under this section shall prioritize cooperating and coordinating with public and private organizations and agencies that primarily serve economically underserved populations, as determined by the Director. ``(h) Reports.--Not later than January 31 of fiscal year 2020, and of each second fiscal year thereafter, the Director shall submit to Congress a report describing the activities carried out under this section during the preceding 2 fiscal years.''.

Elder Pride Act of 2018 This bill establishes the Office of Older LGBT Policy and a related rural outreach grant program. The office shall coordinate research and services for older lesbian, gay, bisexual, and transgender (LGBT) individuals. The office shall oversee a program, and may award grants, for addressing the needs of older LGBT individuals in rural areas. Some of the approved activities for the grant program include education and outreach, reducing isolation and improving access to care, and expanding the use of non-discrimination policies. The office shall be a part of the Administration on Aging.

Elder Pride Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medication Therapy Management Act of 2003''. SEC. 2. MEDICARE COVERAGE OF MEDICATION THERAPY MANAGEMENT SERVICES. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) medication therapy management services (as defined in subsection (ww)(1));''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following: ``Medication Therapy Management Services; Qualified Pharmacist ``(ww)(1)(A) The term `medication therapy management services' means services or programs furnished by a qualified pharmacist to an individual described in subparagraph (B), individually or on behalf of a pharmacy provider, which are designed-- ``(i) to ensure that medications are used appropriately by such individual; ``(ii) to enhance the individual's understanding of the appropriate use of medications; ``(iii) to increase the individual's compliance with prescription medication regimens; ``(iv) to reduce the risk of potential adverse events associated with medications; and ``(v) to reduce the need for other costly medical services through better management of medication therapy. ``(2) The term `qualified pharmacist' means an individual who is a licensed pharmacist in good standing with the State Board of Pharmacy.''. (c) Covered Conditions and Treatments.--Section 1861(ww)(1) of such Act (42 U.S.C. 1395x(ww)(1)) (as added by subsection (b)), is amended by adding at the end the following: ``(B) For purposes of subparagraph (A), an individual described in this subparagraph is an individual who is receiving, in accordance with State law or regulation, medication for-- ``(i) the treatment of asthma, diabetes, or chronic cardiovascular disease, including an individual on anticoagulation or lipid reducing medications; or ``(ii) such other chronic diseases as the Secretary may specify.''. (d) Payment.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to medication therapy management services (as defined in section 1861(ww)(1)), the amounts paid shall be 80 percent of the lesser of the actual charge or the amount established under section 1834(n)''. (2) Establishment of fee schedule; payments prior to implementation of fee schedule.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(n) Fee Schedules for Medication Therapy Management Services.-- ``(1) Development.--The Secretary shall develop-- ``(A) a relative value scale to serve as the basis for the payment of medication therapy management services (as defined in section 1861(ww)(1)) under this part; and ``(B) using such scale and appropriate conversion factors, fee schedules (on a regional, statewide, locality, or carrier service area basis) for payment for medication therapy management services under this part, to be implemented for such services furnished during years beginning after the expiration of the 3- year period which begins on the date of enactment of this subsection. ``(2) Considerations.--In developing the relative value scale and fee schedules under paragraph (1), the Secretary shall consider differences in-- ``(A) the time required to perform types of medication therapy management services; ``(B) the level of risk associated with the use of particular out-patient prescription drugs or groups of drugs; and ``(C) the health status of individuals to whom medication therapy management services are provided. ``(3) Consultation.--In developing the fee schedule for medication therapy management services under this subsection, the Secretary shall consult with various national organizations representing pharmacists and pharmacies and share with such organizations the relevant data and data analysis being used in establishing such fee schedule, including data on variations in payments under this part by geographic area and by service. ``(4) Payments prior to implementation of fee schedule.--In the case of a medication therapy management service (as defined in section 1861(ww)(1)) that is furnished before the implementation of the fee schedule developed under paragraph (1)(B), the Secretary shall pay an amount equal to 80 percent of the amount that the Secretary would pay for such service under the fee schedule established under section 1848 if the service were furnished by a physician or as an incident to a physician's service.''. (e) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the relative value scale and fee schedules developed under section 1834(n)(1) of the Social Security Act (as added by subsection (d)(2)) for medication therapy management services furnished under part B of the medicare program under title XVIII of the Social Security Act. (f) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2004.

Medication Therapy Management Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for Medicare coverage of medication therapy management services under part B (Supplementary Medical Insurance) of the Medicare program.

A bill to amend title XVIII of the Social Security Act to provide for coverage of medication therapy management services under Part B of the medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Visa Reform Act''. SEC. 2. ACCREDITATION REQUIREMENT FOR COLLEGES AND UNIVERSITIES. Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended-- (1) in paragraph (15)(F)(i)-- (A) by striking ``section 214(l) at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in an accredited language training program in the United States'' and inserting ``section 214(m) at an accredited college, university, or language training program, or at an established seminary, conservatory, academic high school, elementary school, or other academic institution in the United States''; and (B) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; and (2) by amending paragraph (52) to read as follows: ``(52) Except as provided in section 214(m)(4), the term `accredited college, university, or language training program' means a college, university, or language training program that is accredited by an accrediting agency recognized by the Secretary of Education.''. SEC. 3. OTHER REQUIREMENTS FOR ACADEMIC INSTITUTIONS. Section 214(m) of the Immigration and Nationality Act (8 U.S.C. 1184(m)) is amended by adding at the end the following: ``(3) The Secretary of Homeland Security, in the Secretary's discretion, may require accreditation of an academic institution (except for seminaries or other religious institutions) for purposes of section 101(a)(15)(F) if-- ``(A) that institution is not already required to be accredited under section 101(a)(15)(F)(i); ``(B) an appropriate accrediting agency recognized by the Secretary of Education is able to provide such accreditation; and ``(C) the institution has or will have 25 or more alien students accorded status as nonimmigrants under clause (i) or (iii) of section 101(a)(15)(F) pursuing a course of study at that institution. ``(4) The Secretary of Homeland Security, in the Secretary's discretion, may waive the accreditation requirement in section 101(a)(15)(F)(i) with respect to an established college, university, or language training program if the academic institution-- ``(A) is otherwise in compliance with the requirements of such section; and ``(B) is making a good faith effort to satisfy the accreditation requirement. ``(5)(A) No person convicted of an offense referred to in subparagraph (B) shall be permitted by any academic institution having authorization for attendance by nonimmigrant students under section 101(a)(15)(F)(i) to be involved with the institution as its principal, owner, officer, board member, general partner, or other similar position of substantive authority for the operations or management of the institution, including serving as an individual designated by the institution to maintain records required by the Student and Exchange Visitor Information System established under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372). ``(B) An offense referred to in this subparagraph includes a violation, punishable by a term of imprisonment of more than 1 year, of any of the following: ``(i) Chapter 77 of title 18, United States Code (relating to peonage, slavery and trafficking in persons). ``(ii) Chapter 117 of title 18, United States Code (relating to transportation for illegal sexual activity and related crimes). ``(iii) Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) (relating to unlawful bringing of aliens into the United States). ``(iv) Section 1546 of title 18, United States Code (relating to fraud and misuse of visas, permits, and other documents) relating to an academic institution's participation in the Student and Exchange Visitor Program.''. SEC. 4. CONFORMING AMENDMENT. Section 212(a)(6)(G) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(G)) is amended by striking ``section 214(l)'' and inserting ``section 214(m)''. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by sections 2 and 3-- (1) shall take effect on the date that is 180 days after the date of the enactment of this Act; and (2) shall apply with respect to applications for a nonimmigrant visa under section 101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) that are filed on or after the effective date described in paragraph (1). (b) Temporary Exception.-- (1) In general.--During the 3-year period beginning on the date of enactment of this Act, an alien seeking to enter the United States to pursue a course of study at a college or university that has been certified by the Secretary of Homeland Security may be granted a nonimmigrant visa under clause (i) or clause (iii) of section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) without regard to whether or not that college or university has been accredited or been denied accreditation by an entity described in section 101(a)(52) of such Act (8 U.S.C. 1101(a)(52)), as amended by section 2(2) of this Act. (2) Additional requirement.--An alien may not be granted a nonimmigrant visa under paragraph (1) if the college or university to which the alien seeks to enroll does not-- (A) submit an application for the accreditation of such institution to a regional or national accrediting agency recognized by the Secretary of Education on or before the date that is 1 year after the effective date described in subsection (a)(1); and (B) comply with the applicable accrediting requirements of such agency. Passed the House of Representatives August 1, 2012. Attest: KAREN L. HAAS, Clerk.

Student Visa Reform Act - Amends the Immigration and Nationality Act to require that a person coming to study at a college, university, or language training program in the United States under a nonimmigrant student F-visa must attend an institution that is accredited by an accrediting agency recognized by the Secretary of Education. Authorizes the Secretary of Homeland Security (DHS) to require academic institutions (exempts seminaries or other religious institutions) to be similarly accredited for F-visa purposes if: (1) the institution is not already required to be accredited, (2) an accrediting agency recognized by the Secretary of Education is able to provide such accreditation, and (3) 25 or more F-visa foreign students are or will be pursuing a course of study at the institution. Authorizes the Secretary of Homeland Security to waive the accreditation requirement for an established college, university, or language training program that is otherwise in compliance with F-visa provisions and is making a good faith effort to satisfy the accreditation requirement. Prohibits a person convicted of certain felony offenses, including human trafficking or visa fraud relating to an academic institution's participation in the Student and Exchange Visitor Program (SEVP), from having subsequent ownership or substantial authority at an academic institution participating in SEVP. Provides a three-year exemption for students coming to study at a college or university that has been certified by the Secretary of Homeland Security but not yet accredited or denied accreditation by an accrediting agency.

To amend the Immigration and Nationality Act to require accreditation of certain educational institutions for purposes of a nonimmigrant student visa, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Greater Sage Grouse Protection and Recovery Act of 2017''. SEC. 2. PROTECTION AND RECOVERY OF GREATER SAGE GROUSE. (a) Definitions.--In this section: (1) The term ``Federal resource management plan'' means-- (A) a land use plan prepared by the Bureau of Land Management for public lands pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); or (B) a land and resource management plan prepared by the Forest Service for National Forest System lands pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (2) The term ``Greater Sage Grouse'' means a sage grouse of the species Centrocercus urophasianus. (3) The term ``State management plan'' means a State- approved plan for the protection and recovery of the Greater Sage Grouse. (b) Purpose.--The purpose of this section is-- (1) to facilitate implementation of State management plans over a period of multiple, consecutive sage grouse life cycles; and (2) to demonstrate the efficacy of the State management plans for the protection and recovery of the Greater Sage Grouse. (c) Endangered Species Act of 1973 Findings.-- (1) Delay required.--During the period beginning on the date of the enactment of this Act and ending on September 30, 2027, the Secretary of the Interior may not alter or invalidate the finding made by United States Fish and Wildlife Service on October 2, 2015, under section 4(b)(3)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)) with respect to the Greater Sage Grouse (80 Fed. Reg. 59857 et seq.). (2) Effect on other laws.--Paragraph (1) shall apply without regard to any other statute, regulation, court order, legal settlement, or any other provision of law or in equity. (3) Effect on conservation status.--Until September 30, 2027, the conservation status of the Greater Sage Grouse under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall remain not warranted for listing under such Act. (d) Coordination of Federal Land Management and State Conservation and Management Plans.-- (1) Prohibition on withdrawals and modification of federal resource management plans.--Effective upon notification by the Governor of a State with a State management plan, neither the Secretary of the Interior nor the Secretary of Agriculture may exercise authority under section 204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714) to make, modify, or extend any withdrawal of, nor amend, revise, or otherwise modify any Federal resource management plan applicable to, Federal lands in the State in a manner inconsistent with the State management plan for a period, to be specified by the Governor in the notification, of at least five years beginning on the date of the notification. (2) Retroactive effect.--In the case of any State that provides notification under paragraph (1), if any amendment, revision, or modification of a Federal resource management plan applicable to Federal lands in the State was issued after June 1, 2014, and the amendment, revision, or modification altered management of the Greater Sage Grouse or its habitat, implementation and operation of the amendment, revision, or modification shall be stayed to the extent that the amendment, revision, or modification is inconsistent with the State management plan. The Federal resource management plan, as in effect immediately before the withdrawal, amendment, revision, or modification, shall apply instead with respect to management of the Greater Sage Grouse and its habitat, to the extent consistent with the State management plan. (3) Determination of inconsistency.--Any disagreement regarding whether an amendment, revision, or other modification of a Federal resource management plan is inconsistent with a State management plan shall be resolved by the Governor of the affected State. (e) Relation to National Environmental Policy Act of 1969.--With regard to any Federal action consistent with a State management plan, any findings, analyses, or conclusions regarding the Greater Sage Grouse or its habitat under the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall not have a preclusive effect on the approval or implementation of the Federal action in that State. (f) Reporting Requirement.--Not later than one year after the date of the enactment of this Act and annually thereafter through 2027, the Secretary of the Interior and the Secretary of Agriculture shall jointly submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the Secretaries' implementation and effectiveness of systems to monitor the status of Greater Sage Grouse on Federal lands under their jurisdiction. (g) Judicial Review.--Notwithstanding any other provision of statute or regulation, this section, including determinations made under this section, shall not be subject to judicial review.

Greater Sage Grouse Protection and Recovery Act of 2017 This bill addresses the October 2, 2015, finding of the U.S. Fish and Wildlife Service (USFWS) that the greater sage grouse is not an endangered or threatened species. Until September 30, 2027, the USFWS may not alter or invalidate the finding. Additionally, the Department of the Interior and the Department of Agriculture (USDA)are prohibited from amending any federal resource management plans that affect the greater sage grouse in a state in which the governor has notified Interior or USDA that a state management plan is in place.

Greater Sage Grouse Protection and Recovery Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``TANF Substance Abuse Prevention Act''. SEC. 2. DRUG SCREENING AND TESTING PROGRAM FOR APPLICANTS FOR AND RECIPIENTS OF ASSISTANCE UNDER STATE TANF PROGRAMS. (a) State Plan Requirement of Drug Testing Program.--Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at the end the following: ``(8) Certification that the state will operate an illegal drug use screening and testing program.-- ``(A) In general.--A certification by the chief executive officer of the State that the State will operate a program in accordance with section 408(a)(13) to screen all applicants for assistance under the State program funded under this part, and all individuals described in subparagraph (C) of such section, for the use of illegal drugs (as defined in subparagraph (E) of such section), and to test all such applicants and individuals who are found as a result of the screening to have a high risk of substance abuse. ``(B) Authority for continued testing.--The program described in subparagraph (A) may include a plan to continue screening or testing individuals receiving assistance under the State program funded under this part for illegal drug use at random or set intervals after the initial screening or testing of the individuals, at the discretion of the State agency administering such State program.''. (b) Requirement That Applicants and Individuals Receiving Assistance Be Screened, and if Necessary Tested, for Illegal Drug Use.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(13) Requirement for drug screening and testing; denial of assistance for individuals not screened, or if necessary, tested for the use of illegal drugs.-- ``(A) In general.--A State to which a grant is made under section 403 shall not use any part of the grant to provide assistance to any individual who has not been screened for the use of illegal drugs, or who, having been found as a result of the screening to have a high risk of substance abuse, has not been tested for the use of illegal drugs, under the program required under section 402(a)(8). ``(B) Screening method.--The method by which substance abuse screening is to be conducted under this paragraph is by means of a survey that has been shown to be effective in identifying likely substance abuse and that is administered by an interview or a self- administered test designed to determine whether an individual should be further evaluated for substance abuse. ``(C) Transition rule.--In the case of an individual who is receiving assistance under the State program funded under this part on the effective date of this paragraph, or whose application for assistance is approved before such date if the assistance has not begun as of such date, a State may not provide assistance to the individual unless the individual is screened for illegal drug use in accordance with this paragraph after the 3rd month that begins after such date and, if found as a result of the screening to have a high risk of substance abuse, is tested for the use of illegal drugs, under the program so described. ``(D) Limitation on waiver authority.--The Secretary may not waive the provisions of this paragraph under section 1115. ``(E) Illegal drug defined.--In this paragraph, the term `illegal drug' means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). ``(F) Preservation of assistance for other family members.--If an individual is denied assistance under this paragraph, the State shall continue to provide the assistance that would otherwise be provided in respect of the other members of the family of the individual, through protective or vendor payments to a 3rd party for the benefit of the other family members.''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins on or after the date that is 1 year after the date of the enactment of this Act. (2) Delay permitted if state legislation required.--In the case of a State plan under section 402(a) of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such section 402(a) solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

TANF Substance Abuse Prevention Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require state TANF programs to operate a program to screen and test all TANF applicants and recipients of assistance for illegal drug use. Requires state TANF programs to deny assistance to individuals who have not been screened for the use of illegal drugs, or who, having been found as a result of the screening to have a high risk of substantive abuse, have not been tested for the use of illegal drugs.

TANF Substance Abuse Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Improvement Act of 2000''. SEC. 2. FINDINGS. Congress finds the following: (1) Effective regulatory programs provide important benefits to the public, including protecting the environment, worker safety, and public health. Regulatory programs also impose significant costs on individuals, businesses, and State, local, and tribal governments. (2) Improving the ability of Federal agencies to use scientific and economic analysis in developing regulations should yield more effective protections while minimizing costs. (3) Cost-benefit analysis and risk assessment are useful tools to better inform agencies in developing regulations, though such analyses do not replace good judgment and values. (4) The evaluation of costs and benefits should involve all relevant information, expressed in comparable terms. (5) Cost-benefit analysis and risk assessment should be presented with a clear statement of the analytical assumptions and uncertainties, including an explanation of what is known and not known and what the implications of alternative assumptions might be. (6) The public has a right to know about the costs and benefits of regulations, the risks addressed, the risks reduced, and the quality of scientific and economic analysis used to support decisions. Such knowledge will promote the quality, integrity, responsiveness, and acceptability of agency actions. (7) The Administrator of the Office of Information and Regulatory Affairs should oversee regulatory activities to raise the quality and consistency of cost-benefit analysis and risk assessment among all agencies. (8) The Federal Government should develop a better understanding of the strengths and weaknesses of cost-benefit analysis and risk assessment and conduct the research needed to improve these analytical tools. SEC. 3. REGULATORY IMPACT ANALYSIS. (a) In General.--Chapter 6 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER II--REGULATORY IMPACT ANALYSIS ``Sec. 621. Definitions ``For purposes of this subchapter the definitions under section 551 shall apply and-- ``(1) the term `benefit' means a reasonably identifiable favorable effect, which may include social, health, safety, environmental, and economic effects; ``(2) the term `cost' means a reasonably identifiable adverse effect, which may include social, health, safety, environmental, and economic, effects; ``(3) the term `cost-benefit analysis' means a comparison of the costs and benefits, quantified to the extent possible, that are expected to result from the implementation of a rule; ``(4) the term `Director' means the Director of the Office of Management and Budget, acting through the Administrator of the Office of Information and Regulatory Affairs; ``(5) the term `major rule' means a rule that-- ``(A) may have an effect on the economy of $100 million or more; ``(B) may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments, or communities; or ``(C) is so designated by the Director not later than 30 days after the close of the comment period for a rule or the publication of a direct final rule, such designation being published, together with a succinct statement of the basis for the designation, within 30 days after the date of the designation. ``(6) the term `quantified' means measured and expressed in numerical and, as necessary, comparable terms. ``(7) the term `regulatory impact analysis' means-- ``(A) a cost-benefit analysis of a rule; ``(B) cost-benefit analyses of a reasonable number of alternative rules reflecting the range of options that would comply with the statute granting rule making authority, including where feasible rules that-- ``(i) require no government action; ``(ii) utilize only voluntary or educational programs; ``(iii) provide flexibility for small entities as defined in section 601(6); and ``(iv) use market-based mechanisms, results-oriented performance-based standards, or other options that promote flexibility for regulated persons and for State, local, or tribal governments delegated authority to administer a Federal program; and ``(C) if the primary purpose of the rule is to address health, safety, or environmental risks-- ``(i) a risk assessment of the proposed rule; and ``(ii) an evaluation of any substitution risk relating to the proposed rule; ``(8) the term `risk assessment' means the systematic, objective process of organizing hazard and exposure information, based on a careful analysis of the weight of the scientific evidence, to estimate the potential for specific harm to an exposed population or resource, including, to the extent feasible, a characterization of the distribution of risk as well as an analysis of uncertainties, variabilities, conflicting information, inferences, and assumptions and includes-- ``(A) an identification of the hazard addressed by the rule, including data on the harm addressed by the rule and the conditions that produce it; ``(B) an identification of the populations or natural resources that are subject to the hazard addressed by the rule; ``(C) an assessment of the quantitative relation between the amount of exposure to the agent or activity addressed by the rule and the extent of the harms addressed by the rule; ``(D) an assessment of exposure, including a description of the nature and size of the populations or resources exposed to an agent or activity addressed by the rule and the magnitude and duration of their exposure; ``(E) an integration of the information from subparagraphs (A) through (D) to determine the reasonable likelihood that a population or resource will experience the harms addressed by the rule; and ``(F) a description of the major uncertainties in each component of the risk assessment and their influence on the results of the risk assessment; and ``(9) the term `substitution risk' means an identifiable risk of harm to health, safety, or the environment expected to result from the implementation of a rule. ``Sec. 622. Regulatory impact analysis ``(a)(1) When an agency publishes a notice of proposed rule making for a major rule, the agency shall-- ``(A) prepare and place in the rule making file an initial regulatory impact analysis; and ``(B) include a summary of such analysis in the notice of proposed rule making. ``(2) When the Director has designated a rule a major rule under section 621(5)(C) or when the agency has published an interim final major rule, the agency shall-- ``(A) promptly prepare and place in the rule making file an initial regulatory impact analysis for the rule; ``(B) publish in the Federal Register a summary of such analysis; and ``(C) give interested parties the same opportunity to comment under section 553 as if the initial regulatory impact analysis had been issued with the notice of proposed rule making. ``(b) When the agency publishes a final major rule, or at the conclusion of the comment period required by subsection (a)(2)(C), the agency shall prepare and place in the rule making file a final regulatory impact analysis which shall address each of the requirements of the initial regulatory impact analysis required by subsection (a)(1)(A) or (a)(2)(A) revised to reflect-- ``(1) any material changes made to the proposed rule by the agency after publication of the notice of proposed rule making; ``(2) any material changes made to the cost-benefit analysis or risk assessment; and ``(3) agency consideration of significant comments received regarding the proposed rule and the initial regulatory impact analysis.''. SEC. 4. RISK BASED PRIORITIES STUDY. (a) Study.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Director of the Office of Science and Technology Policy, shall enter into a contract with an accredited scientific institution to conduct a study that provides-- (1) a systematic comparison of the extent and severity of significant risks to human health, safety, or the environment (hereafter referred to as a comparative risk analysis); (2) a study of methodologies for using comparative risk analysis to compare dissimilar risks to human health, safety, or the environment, including development of a common basis to assist comparative risk analysis related to both carcinogens and noncarcinogens; and (3) recommendations on the use of comparative risk analysis in setting priorities for the reduction of risks to human health, safety, or the environment. (b) The Director shall ensure that the study required under subsection (a) is-- (1) conducted through an open process providing opportunities for public comment and participation; and (2) not later than 3 years after the date of enactment of this Act, completed and submitted to Congress and the President. (c) Not later than 4 years after the date of enactment of this Act, each relevant agency shall, as appropriate, use the results of the study required under subsection (a) to inform the agency in the preparation of the agency's annual budget and strategic plan and performance plan under section 306 of title 5, United States Code, and sections 1115, 1116, 1117, 1118, and 1119 of title 31, United States Code. (d) Not later than 5 years after the date of enactment of this Act, and periodically thereafter, the President shall submit a report to Congress recommending legislative changes to assist in setting priorities to more effectively and efficiently reduce risks to human health, safety, or the environment. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. (a) Subchapter Heading.--Chapter 6 of title 5, United States Code, is amended by inserting before section 601 the following: ``SUBCHAPTER I--ANALYSIS OF REGULATORY FLEXIBILITY''. (b) Table of Sections.--The table of sections for chapter 6 of title 5, United States Code, is amended-- (1) by inserting before the reference to section 601 the following: ``SUBCHAPTER I--ANALYSIS OF REGULATORY FLEXIBILITY''; and (2) by adding at the end the following: ``SUBCHAPTER II--REGULATORY IMPACT ANALYSIS ``621. Definitions. ``622. Regulatory impact analysis.''. (c) Conforming Amendments.--Subchapter I of chapter 6 of title 5, United States Code, is amended by striking ``this chapter'' each place it occurs and inserting ``this subchapter''. SEC. 6. EFFECTIVE DATE. Except as otherwise provided in this Act, this Act shall take effect 180 days after the date of enactment of this Act, but shall not apply to any agency rule for which a notice of proposed rule making is published on or before 60 days before the date of enactment of this Act.

Requires that, when the Director of the Office of Management and Budget has designated a rule as a major rule, or when an agency has published an interim final major rule, such agency shall: (1) promptly prepare and place in the rule making file an initial regulatory impact analysis; (2) publish in the Federal Register a summary of such analysis; and (3) give interested parties the same opportunity to comment as if the initial regulatory impact analysis had been issued with the notice of proposed rule making. Requires an agency publishing a final major rule to prepare and place in the rule making file a final regulatory impact analysis which shall reflect any changes made to the proposed rule or its cost-benefit analysis or risk assessment, as well as agency consideration of comments from interested parties as provided above. Mandates a comparative risk study by the Director of the extent and severity of significant risks to human health, safety, or the environment. Requires the President to periodically report to Congress recommending legislation to reduce such risks.

Regulatory Improvement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Restoration Act''. SEC. 2. NATIONAL PARK RESTORATION FUND. (a) Establishment.--There is established in the Treasury of the United States a special fund, to be known as the ``National Park Restoration Fund'' (referred to in this section as the ``Fund''). (b) Contents.--The Fund shall consist of-- (1) any amounts deposited in the Fund under subsection (c)(2); and (2) any income on investments under subsection (d). (c) Deposits to Fund.-- (1) Definitions.--In this subsection: (A) Available receipts.-- (i) In general.--The term ``available receipts'', with respect to a fiscal year, means, of the amount described in clause (ii) for the fiscal year, the amounts that would otherwise be credited, covered, or deposited in the Treasury of the United States as miscellaneous receipts for the fiscal year. (ii) Description of amount.--The amount referred to in clause (i) is the amount equal to the difference between-- (I) the total amount of energy development revenues for the applicable fiscal year; and (II)(aa) for fiscal year 2018, $7,800,000,000; (bb) for fiscal year 2019, $8,000,000,000; (cc) for fiscal year 2020, $8,200,000,000; (dd) for fiscal year 2021, $8,600,000,000; (ee) for fiscal year 2022, $8,800,000,000; (ff) for fiscal year 2023, $9,000,000,000; (gg) for fiscal year 2024, $9,000,000,000; (hh) for fiscal year 2025, $9,100,000,000; (ii) for fiscal year 2026, $9,300,000,000; and (jj) for fiscal year 2027, $9,400,000,000. (B) Energy development revenues.--The term ``energy development revenues'' means all revenues due and payable to the United States from oil, gas, coal, or alternative or renewable energy development on Federal land and water. (2) Deposits.--For each of fiscal years 2018 through 2027, there shall be deposited in the Fund an amount equal to the product obtained by multiplying-- (A) the available receipts for the fiscal year; and (B) 0.5. (3) Effect on other revenues.--Nothing in this section affects the disposition of revenues that-- (A) are due to the United States, special funds, trust funds, or States from mineral and energy development on Federal land and water; or (B) have been otherwise appropriated under Federal law, including the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432), the Mineral Leasing Act (30 U.S.C. 181 et seq.), and chapter 2003 of title 54, United States Code. (d) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest any portion of the Fund that is not, as determined by the Secretary of the Interior, required for the purposes described in subsection (e)(1). (2) Credits to fund.--The income on investments of the Fund under paragraph (1) shall be credited to, and form a part of, the Fund. (e) Use of Fund.-- (1) In general.--Amounts deposited in the Fund shall be available to the Secretary of the Interior, without further appropriation or fiscal year limitation, for the priority deferred maintenance needs that support critical infrastructure and visitor services, if applicable, of the National Park Service, as determined by the Secretary and the Director of the National Park Service. (2) Additional amounts.--Amounts made available under paragraph (1) shall be in addition to amounts otherwise available for the purposes described in that paragraph. (3) Prohibition on use of funds for land acquisition.-- Amounts in the Fund shall not be used for the acquisition of land. (f) Termination of Deposits.-- (1) In general.--Deposits under subsection (c)(2) shall terminate on the earlier of-- (A) September 30 of the tenth fiscal year after the date of enactment of this Act; and (B) the date on which the aggregate amount deposited in the Fund under subsection (c)(2) equals at least $18,000,000,000. (2) Limitation.--Notwithstanding paragraph (1), the Secretary of the Interior may continue to expend any remaining amounts in the Fund after the termination date described in that paragraph in accordance with subsection (e). (g) Summary to Congress.--The Secretary of the Interior shall submit to the appropriate committees of Congress (including the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate and the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives), together with the annual budget submission of the President, a list of each project for which amounts from the Fund are allocated under this section, including a summary of each such project. (h) Sense of Congress Regarding Offset.--It is the sense of Congress that the costs of carrying out this section should be offset.

National Park Restoration Act This bill establishes the National Park Restoration Fund in the Treasury to be made available to the Department of the Interior for priority deferred maintenance needs that support critical infrastructure and visitor services of the National Park Service. Funds deposited through FY2027 are calculated according to a formula that uses as a factor the total amount of energy development revenues due and payable to the federal government. Interior may not use amounts in the fund to acquire lands. Interior shall submit to Congress a list of the projects for which amounts from the fund are allocated, including a summary of each project.

National Park Restoration Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Community Cancer Care Preservation Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Use of average sales price methodology. Sec. 3. Improved payment for oncologist services. Sec. 4. Quality measures for cancer care. Sec. 5. Improved patient participation in clinical trials. Sec. 6. CBO report. SEC. 2. USE OF AVERAGE SALES PRICE METHODOLOGY. (a) Findings.--Congress finds that-- (1) in 2005, Medicare reimbursement for certain outpatient cancer drugs was changed to reflect average sales price rather than average wholesale price; and (2) the average sales price methodology does not timely reflect changes in manufacturer's prices for drugs. (b) Adjustment to Average Sales Price Calculation.--Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(6) Reconciliation.--Payments made pursuant to this subsection are subject to reconciliation to assure that such payments do not exceed or fall short of the actual average sales price during any preceding period. Such reconciliation shall be conducted on a quarterly basis and the Secretary shall review all payments made to physicians under this subsection in the preceding quarter and compare such payment to the verified average sales price reported by the manufacturer under subsection (c) for such quarter.''; and (2) in subsection (c)(3)-- (A) in the first sentence, by striking ``prompt pay discounts,''; and (B) in the second sentence, by inserting ``other than prompt pay discounts,'' after ``other price concessions,''. SEC. 3. IMPROVED PAYMENT FOR ONCOLOGIST SERVICES. (a) Findings.--Congress finds that-- (1) in 2005, the Centers for Medicare & Medicaid Services implemented a $300 million demonstration project to identify and assess certain oncology services in an office-based oncology practice that positively affect cancer outcomes in the Medicare population; and (2) oncologists and cancer patients benefited from the demonstration project. (b) Continuation of Current Demonstration Project to Identify and Assess Oncology Services That Positively Affect Cancer Outcomes.-- (1) In general.--The existing demonstration project, developed by the Secretary of Health and Human Services pursuant to the Secretary's authority under sections 402(a)(1)(B) and 402(a)(2) of the Social Security Amendments of 1967 and implemented in the Federal Register, ``Revisions to Payment Policies Under the Physician Fee Schedule for Calendar Year 2005,'' 69 Fed. Reg. 66,236 (November 15, 2004), for purposes of identifying and assessing certain oncology services that positively affect outcomes in the Medicare population, shall be extended until December 31, 2006. (2) Implementation.--The Secretary shall continue to operate such project in the same manner as originally implemented. (3) Funding.--Under the demonstration project over the duration of the project, the Secretary shall apply the methodology and funding consistent with that established for the existing project. (4) Report.--Not later than July 1, 2007, the Secretary shall submit to Congress a report on the project, together with recommendations for such legislation and administrative action as the Secretary determines to be appropriate. (c) Adjustment to Physician Fee Schedule.--Section 1848(c)(2) of the Social Security Act (42 U.S.C. 1395w-4(c)(2)) is amended-- (1) in subparagraph (B)(iv)-- (A) in subclause (II), by striking ``and''; (B) in subclause (III), by striking the period and inserting ``; and''; and (C) by adding at the end the following new subclause: ``(IV) subparagraph (K) insofar as it relates to a physician fee schedule for 2006 shall not be taken into account in applying clause (ii)(II) for drug administration services under the fee schedule for such year.''; and (2) by adding at the end the following new subparagraph: ``(K) Adjustment in payment rates for overhead costs.--In establishing the physician fee schedule under subsection (b) with respect to payments for drug administration services furnished on or after January 1, 2006, and in order to take into account overhead and related expenses, the Secretary shall provide for an additional payment in an amount equal to 2 percent of the amount determined under section 1847A for the drug administered.''. SEC. 4. QUALITY MEASURES FOR CANCER CARE. (a) Findings.--Congress finds that-- (1) existing quality indicators relating to the quality of care furnished to cancer patients in physician offices are inconsistent across practice settings and are not based on uniform, evidence-based and consistently applied standards; and (2) physician reimbursement should reflect improvements in the quality of care provided. (b) Development of Quality Indicators.--In collaboration with practicing physicians, the Secretary of Health and Human Services shall develop indicators for the evaluation of the quality of oncology services provided in the physician office setting. Such indicators shall not be implemented for any purpose unless the Secretary has provided for an assessment of the proposed indicators by the physician community. (c) Pilot and Demonstration Projects.--The Secretary may conduct pilot projects and demonstration projects to test such indicators as appropriate. SEC. 5. IMPROVED PATIENT PARTICIPATION IN CLINICAL TRIALS. (a) Findings.--Congress finds that-- (1) the current report of the President's Cancer Panel has documented the increasing incidence and costs of cancer to the United States; and (2) the current report of the President's Cancer Panel has identified problems in translating research into effective cancer care. (b) Strategic Plan for Improved Patient Participation.-- (1) In general.--In collaboration with practicing physicians, the Director of the National Cancer Institute shall develop a strategic plan to increase the number of cancer patients who enroll in clinical trials. (2) Components of plan.--Such plan shall include components designed to-- (A) improve patient education regarding clinical trials; (B) facilitate the clinical trial process; and (C) ensure the viability of conducting clinical research in all settings where treatment is provided. (c) Report.--Not later than January 1, 2007, the Secretary of Health and Human Services shall submit to Congress a report on the strategic plan under subsection (b) together with recommendations for such legislation and administrative action as the Secretary determines to be appropriate. SEC. 6. CBO REPORT. Not later than one year after the date of the enactment of this Act, the Director of the Congressional Budget Office shall submit to Congress a report that describes the impact of the provisions of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) as implemented on oncologists and other physicians who provide cancer care and a comparison of such impact with the impact of such law estimated by such Office before its enactment.

Community Cancer Care Preservation Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to subject to quarterly reconciliation any payments to physicians for drugs or biologicals made according to average sales price payment methodology in order to assure that they do not exceed or fall short of the actual average sales price during any preceding period. Requires the Secretary of Health and Human Services to review all such payments in the preceding quarter and compare them to the verified average sales price reported by the manufacturer for such quarter. Removes prompt pay discounts from the calculation of the manufacturer's average sales price. Extends through December 31, 2006, the current demonstration project to identify and assess oncology services that positively affect cancer outcomes. Requires the Secretary to make an additional 2% for drug administration services payment to physicians for overhead and related costs. Directs the Secretary to develop indicators for the evaluation of the quality of oncology services provided in the physician office setting. Requires the Director of the National Cancer Institute to develop a strategic plan to increase the number of cancer patients who enroll in clinical trials.

To amend title XVIII of the Social Security Act to preserve access to community cancer care by Medicare beneficiaries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electricity Security and Affordability Act''. SEC. 2. STANDARDS OF PERFORMANCE FOR NEW FOSSIL FUEL-FIRED ELECTRIC UTILITY GENERATING UNITS. (a) Limitation.--The Administrator of the Environmental Protection Agency may not issue, implement, or enforce any proposed or final rule under section 111 of the Clean Air Act (42 U.S.C. 7411) that establishes a standard of performance for emissions of any greenhouse gas from any new source that is a fossil fuel-fired electric utility generating unit unless such rule meets the requirements under subsections (b) and (c). (b) Requirements.--In issuing any rule under section 111 of the Clean Air Act (42 U.S.C. 7411) establishing standards of performance for emissions of any greenhouse gas from new sources that are fossil fuel-fired electric utility generating units, the Administrator of the Environmental Protection Agency (for purposes of establishing such standards)-- (1) shall separate sources fueled with coal and natural gas into separate categories; and (2) shall not set a standard based on the best system of emission reduction for new sources within a fossil-fuel category unless-- (A) such standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 6 units within such category-- (i) each of which is located at a different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. (c) Coal Having a Heat Content of 8300 or Less British Thermal Units Per Pound.-- (1) Separate subcategory.--In carrying out subsection (b)(1), the Administrator of the Environmental Protection Agency shall establish a separate subcategory for new sources that are fossil fuel-fired electric utility generating units using coal with an average heat content of 8300 or less British Thermal Units per pound. (2) Standard.--Notwithstanding subsection (b)(2), in issuing any rule under section 111 of the Clean Air Act (42 U.S.C. 7411) establishing standards of performance for emissions of any greenhouse gas from new sources in such subcategory, the Administrator of the Environmental Protection Agency shall not set a standard based on the best system of emission reduction unless-- (A) such standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 3 units within such subcategory-- (i) each of which is located at a different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. (d) Technologies.--Nothing in this section shall be construed to preclude the issuance, implementation, or enforcement of a standard of performance that-- (1) is based on the use of one or more technologies that are developed in a foreign country, but has been demonstrated to be achievable at fossil fuel-fired electric utility generating units in the United States; and (2) meets the requirements of subsection (b) and (c), as applicable. SEC. 3. CONGRESS TO SET EFFECTIVE DATE FOR STANDARDS OF PERFORMANCE FOR EXISTING, MODIFIED, AND RECONSTRUCTED FOSSIL FUEL-FIRED ELECTRIC UTILITY GENERATING UNITS. (a) Applicability.--This section applies with respect to any rule or guidelines issued by the Administrator of the Environmental Protection Agency under section 111 of the Clean Air Act (42 U.S.C. 7411) that-- (1) establish any standard of performance for emissions of any greenhouse gas from any modified or reconstructed source that is a fossil fuel-fired electric utility generating unit; or (2) apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit. (b) Congress To Set Effective Date.--A rule or guidelines described in subsection (a) shall not take effect unless a Federal law is enacted specifying such rule's or guidelines' effective date. (c) Reporting.--A rule or guidelines described in subsection (a) shall not take effect unless the Administrator of the Environmental Protection Agency has submitted to Congress a report containing each of the following: (1) The text of such rule or guidelines. (2) The economic impacts of such rule or guidelines, including the potential effects on-- (A) economic growth, competitiveness, and jobs in the United States; (B) electricity ratepayers, including low-income ratepayers in affected States; (C) required capital investments and projected costs for operation and maintenance of new equipment required to be installed; and (D) the global economic competitiveness of the United States. (3) The amount of greenhouse gas emissions that such rule or guidelines are projected to reduce as compared to overall global greenhouse gas emissions. (d) Consultation.--In carrying out subsection (c), the Administrator of the Environmental Protection Agency shall consult with the Administrator of the Energy Information Administration, the Comptroller General of the United States, the Director of the National Energy Technology Laboratory, and the Under Secretary of Commerce for Standards and Technology. SEC. 4. REPEAL OF EARLIER RULES AND GUIDELINES. The following rules and guidelines shall be of no force or effect, and shall be treated as though such rules and guidelines had never been issued: (1) The proposed rule-- (A) entitled ``Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units'', published at 77 Fed. Reg. 22392 (April 13, 2012); and (B) withdrawn pursuant to the notice entitled ``Withdrawal of Proposed Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units'', signed by the Administrator of the Environmental Protection Agency on September 20, 2013, and identified by docket ID number EPA-HQ-OAR-2011-0660. (2) The proposed rule entitled ``Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units'', signed by the Administrator of the Environmental Protection Agency on September 20, 2013, and identified by docket ID number EPA-HQ- OAR-2013-0495. (3) With respect to the proposed rule described in paragraph (1), any successor or substantially similar proposed or final rule that-- (A) is issued prior to the date of the enactment of this Act; (B) is applicable to any new source that is a fossil fuel-fired electric utility generating unit; and (C) does not meet the requirements under subsections (b) and (c) of section 2. (4) Any proposed or final rule or guidelines under section 111 of the Clean Air Act (42 U.S.C. 7411) that-- (A) are issued prior to the date of the enactment of this Act; and (B) establish any standard of performance for emissions of any greenhouse gas from any modified or reconstructed source that is a fossil fuel-fired electric utility generating unit or apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit. SEC. 5. DEFINITIONS. In this Act: (1) Demonstration project.--The term ``demonstration project'' means a project to test or demonstrate the feasibility of carbon capture and storage technologies that has received Federal Government funding or financial assistance. (2) Existing source.--The term ``existing source'' has the meaning given such term in section 111(a) of the Clean Air Act (42 U.S.C. 7411(a)), except such term shall not include any modified source. (3) Greenhouse gas.--The term ``greenhouse gas'' means any of the following: (A) Carbon dioxide. (B) Methane. (C) Nitrous oxide. (D) Sulfur hexafluoride. (E) Hydrofluorocarbons. (F) Perfluorocarbons. (4) Modification.--The term ``modification'' has the meaning given such term in section 111(a) of the Clean Air Act (42 U.S.C. 7411(a)). (5) Modified source.--The term ``modified source'' means any stationary source, the modification of which is commenced after the date of the enactment of this Act. (6) New source.--The term ``new source'' has the meaning given such term in section 111(a) of the Clean Air Act (42 U.S.C. 7411(a)), except that such term shall not include any modified source. Passed the House of Representatives March 6, 2014. Attest: KAREN L. HAAS, Clerk.

Electricity Security and Affordability Act - (Sec. 2) Prohibits the Administrator of the Environmental Protection Agency (EPA) from issuing, implementing, or enforcing any proposed or final rule under the Clean Air Act that establishes a performance standard for greenhouse gas emissions from any new source that is a fossil fuel-fired electric utility generating unit unless the rule meets specified requirements of this Act. Requires the Administrator to separate sources fueled with coal and natural gas into separate categories. Prohibits the Administrator, however, from setting a standard based on the best system of emission reduction for new sources within a fossil-fuel category unless it has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 6 units within the category. Requires each such unit to: (1) be located at a different electric generating station in the United States, (2) be representative of the operating characteristics of electric generation at its location, and (3) be operated for the entire 12-month period on a full commercial basis. Prohibits the use of any results obtained from a demonstration project in setting the standard. Requires the Administrator, in separating sources fueled with coal into a separate category, to establish a separate subcategory for new sources that are fossil fuel-fired electric utility generating units using coal with an average heat content of 8300 or less British Thermal Units (BTUs) per pound. Prohibits the Administrator, in issuing any rule establishing performance standards for greenhouse gas emissions from new sources in such subcategory, from setting a standard based on the best system of emission reduction unless the standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 3 units within such subcategory that meets the unit requirements specified by this Act for the coal category. Prohibits this Act from being construed to preclude the issuance, implementation, or enforcement of a standard of performance that: (1) is based on the use of technologies that are developed in a foreign country, but has been demonstrated to be achievable at fossil fuel-fired electric utility generating units in the United States; and (2) meets the requirements of this Act. (Sec. 3) Precludes from taking effect, unless a federal law is enacted specifying an effective date, any EPA rule or guideline that: (1) establishes any performance standard for greenhouse gas emissions from a modified or reconstructed source that is a fossil fuel-fired electric utility generating unit, or (2) applies to greenhouse gas emissions from such an existing source. Requires, in order for the rule or guidelines to take effect, that the Administrator submit a report that contains: (1) the text of the rule or guidelines; (2) the economic impacts of such rule or guidelines, including potential effects on electricity ratepayers, on economic growth, competitiveness, and jobs in the United States and on required capital investments and projected costs for operation and maintenance of new equipment required to be installed; and (3) the amount of greenhouse gas emissions projected to be reduced as compared to overall global greenhouse gas emissions. Requires the Administrator, in carrying out such reporting requirements, to consult with the Administrator of the Energy Information Administration, the Comptroller General (GAO), the Director of the National Energy Technology Laboratory, and the Under Secretary of Commerce for Standards and Technology. (Sec. 4) Nullifies the force and effect of specified proposed rules (or similar successor proposed or final rules) for Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units that are issued before enactment of this Act.

Electricity Security and Affordability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hamas Human Shields Prevention Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The international law of armed conflict prohibits, during any armed conflict, the exploitation of the presence of civilians, or movement of civilians, in an effort to impede attack on or otherwise shield lawful targets from attack. (2) Violation of this obligation is commonly referred to as using persons as ``human shields'', the unlawful exploitation of civilian persons or property in an attempt to impede attack on or otherwise shield lawful targets from attack. (3) The international law of armed conflict also prohibits exposing prisoners of war, other detainees, or the wounded and sick to unnecessary risks resulting from the conduct of hostilities, which clearly includes a prohibition against using such personnel in an effort to impede attack on or otherwise shield lawful targets from attack. (4) Under the international law of armed conflict, the use of human shields is a critical consideration when assessing whether infliction of civilian harm by a party to the conflict was in fact unreasonable under the circumstances. (5) Throughout the violent takeover of Gaza by Hamas in 2007, the organization engaged in summary executions and torture, and put the lives of civilians at constant risk. (6) Since that 2007 takeover of Gaza, Hamas forces have repeatedly fired rockets into Israel in an indiscriminate manner, routinely striking civilian population areas that cannot plausibly be considered lawful military targets. (7) Hamas attacks are routinely launched from firing positions in areas of dense civilian population, often in or near schools, mosques, or hospitals, with no plausible justification based on military necessity. (8) Unlawful Hamas tactics also include routinely forcing Palestinian civilians to gather on the roofs of their homes to act as human shields. (9) Because these Hamas tactics cannot be justified by military necessity, they indicate an effort to endanger both Israeli and Palestinian civilians. (10) The Israel Defense Force, in response to such serious violations by Hamas, has vigorously taken all feasible precautions to minimize civilian casualties and protect civilian objects, in accordance with the international laws of armed conflict. Such tactics have included providing warnings to civilians when feasible. (11) Since 2010, Hamas has enlisted children to work as laborers in the tunnel networks between Gaza and Egypt. (12) On June 9, 2017, the United Nations Relief and Works Agency announced it had discovered Hamas tunnels under two of its schools in the Gaza Strip, adding it was ``unacceptable that students and staff are placed at risk in such a way''. (13) Hamas was designated as a foreign terrorist organization by the Secretary of State on October 8, 1997. (14) In addition to Hamas, other armed groups, such as Hezbollah, the Islamic State, al-Qa'ida, and al-Shabaab, typically use civilians as human shields. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to-- (1) officially and publicly condemn Hamas for violating the international law of armed conflict by exploiting civilians, civilian property, and other specially protected personnel and facilities, in an effort to shield military targets from lawful attack; and (2) take effective action against those knowingly engaging in, supporting, facilitating, or enabling such undisputed violations of international law through the use of human shields. SEC. 4. UNITED NATIONS SECURITY COUNCIL. The President should direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations Security Council to secure support for a resolution that would-- (1) impose multilateral sanctions against Hamas for the use of human shields; (2) require member nations to take specific steps to prevent the use of human shields and impose consequences on those who use human shields; (3) require the United Nations to track and report the use of human shields in any conflict monitored by an organization or agency of the United Nations; and (4) specify steps to prevent, and consequences for, the use of United Nations employees as human shields or the use of United Nations facilities or infrastructure to enable the use of civilians as human shields. SEC. 5. SANCTIONS ON FOREIGN PERSONS RESPONSIBLE FOR GROSS VIOLATIONS OF INTERNATIONALLY RECOGNIZED HUMAN RIGHTS. (a) In General.--The President shall impose sanctions described in subsection (c) with respect to each person on the list required under subsection (b). (b) List.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a list of the following: (A) Each foreign person that the President determines-- (i) is a member of Hamas or is acting on behalf of Hamas; and (ii) on or after the date of the enactment of this Act, knowingly orders, controls, or otherwise directs or is complicit in, any unlawful attempt to use civilians, civilian property, or other protected persons to shields military objectives from lawful attack. (B) Each foreign person, or each agency or instrumentality of a foreign state, that the President determines has knowingly, on or after the date of the enactment of this Act-- (i) significantly facilitated, directly or indirectly, any act described in subparagraph (A)(ii) by a person described in subparagraph (A)(ii); or (ii) attempted to facilitate or support any such person. (2) Updates.--The President shall transmit to the appropriate congressional committees an update of the list required under paragraph (1)-- (A) not later than 1 year after the date of transmission of such list, and annually thereafter for 3 years; and (B) as new information becomes available. (c) Sanctions Described.--The sanctions to be imposed on a foreign person or an agency or instrumentality of a foreign state on the list required under subsection (b) are the following: (1) Blocking of property.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person or of such agency or instrumentality of a foreign state if such property or interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Aliens ineligible for visas, admission, or parole.-- (A) Visas, admission, or parole.--An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of either such Secretary) determines is a foreign person on the list required under subsection (b) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked.-- (i) In general.--Any visa or other documentation issued to an alien who is a foreign person on the list required under subsection (b), regardless of when such visa or other documentation was issued, shall be revoked and such alien shall be denied admission to the United States. (ii) Effect of revocation.--A revocation under clause (i)-- (I) shall take effect immediately; and (II) shall automatically cancel any other valid visa or documentation that is in the possession of the alien who is the subject of such revocation. (C) Exception to comply with united nations headquarters agreement.--The sanctions under this paragraph shall not be imposed on an individual if admitting such individual to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or with other applicable international agreements. (d) Waiver.--The President may, on a case-by-case basis, waive the application of a sanction under this section with respect to a person or an agency or instrumentality of a foreign state for periods not longer than 180 days if the President certifies to the appropriate congressional committees that such waiver is in the national security interest of the United States. (e) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to any person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act. (f) Regulations.-- (1) In general.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. (2) Issuance of regulations.--Not later than 180 days after the date of the enactment of this Act, the President shall prescribe such regulations as may be necessary to implement this section. (g) Rule of Construction.--Nothing in this section may be construed-- (1) to limit the authorities of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other relevant provision of law; or (2) to apply with respect to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence activities of the United States. SEC. 6. DEFINITIONS. In this Act: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Agency or instrumentality of a foreign state.--The term ``agency or instrumentality of a foreign state'' has the meaning given such term in section 1603(b) of title 28, United States Code. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Financial Services, the Committee on Ways and Means, the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate. (4) Foreign person.--The term ``foreign person'' has the meaning given such term in section 594.304 of title 31, Code of Federal Regulations, as in effect on the date of the enactment of this Act. (5) Hamas.--The term ``Hamas'' means-- (A) the entity known as Hamas and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or (B) any person identified as an agent, instrumentality, or affiliate of Hamas on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). (6) United states person.--The term ``United States person'' has the meaning given such term in section 594.315 of title 31, Code of Federal Regulations, as in effect on the date of the enactment of this Act. Passed the House of Representatives February 14, 2018. Attest: KAREN L. HAAS, Clerk.

Hamas Human Shields Prevention Act (Sec. 3) This bill states that it is U.S. policy to condemn Hamas's use of human shields and act against those engaging in or supporting the use of human shields. (Sec. 4) The President is urged to direct the U.S. Permanent Representative to the United Nations (U.N.) to use U.S. influence at the Security Council to secure support for a resolution: (1) imposing multilateral sanctions against Hamas's use of human shields; and (2) specifying steps to prevent, and consequences for, the use of U.N. employees as human shields or facilities that enable that use. (Sec. 5) The President shall prohibit property transactions and U.S. entry (and revoke current visas) with respect to: (1) each foreign person or entity that is a member of or acting on behalf of Hamas and that is responsible for or complicit in Hamas's unlawful attempt to use civilians, civilian property, or other protected persons to shield military objectives from lawful attack; and (2) each foreign person or entity and each agency or instrumentality of a foreign state that has significantly facilitated or attempted to facilitate such an act. The President may waive a sanction for 180 days with prior congressional certification that such waiver is in U.S. national security interests.

Hamas Human Shields Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Opportunity Through Pell Grant Expansion Act''. SEC. 2. SENSE OF THE SENATE. (a) Findings.--The Senate makes the following findings: (1) Federal Pell Grants are need-based and are used by 5,300,000 undergraduate students to fund their college educations. (2) Over 90 percent of Federal Pell Grant recipients come from a family with a combined income of less than $40,000. (3) Because of the rising cost of college tuition, the maximum Federal Pell Grant amount of $4,050 for academic year 2004-2005 is $700 less in real terms than the maximum Federal Pell Grant amount for academic year 1975-1976. (4) Federal Pell Grants for academic year 2003-2004 cover only 23 percent of the total cost of the average 4-year public college. (b) Sense of the Senate.--It is the sense of the Senate that-- (1) eligible undergraduate students should receive the maximum Federal Pell Grant amount established by the amendment made by section 3(b) of this Act; and (2) sufficient funds should be appropriated to allow the awarding of the maximum Federal Pell Grant amount for which students are eligible pursuant to the amendment made by section 3(b) of this Act. SEC. 3. FEDERAL PELL GRANTS. (a) Appropriation of Funds for Federal Pell Grants.--In addition to any amounts otherwise appropriated to carry out subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a) for the fiscal year ending September 30, 2006, there are authorized to be appropriated and there are appropriated, out of any money in the Treasury not otherwise appropriated for the fiscal year ending September 30, 2006, for carrying out such subpart 1, an additional $2,000,000,000. (b) Authorization Amount and Maximum Federal Pell Grant.--Section 401(b)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)(A)) is amended to read as follows: ``(2)(A)(i) The amount of a Federal Pell Grant for a student eligible under this part shall be $5,100 for academic year 2005-2006, less an amount equal to the amount determined to be the expected family contribution with respect to that student for that year. ``(ii) The Secretary shall cumulatively adjust the amount in clause (i) every 2 academic years beginning with academic year 2006-2007 to account for any percentage increase in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.''. SEC. 4. ALLOWANCE FOR STATE AND OTHER TAXES. Notwithstanding any other provision of law, the annual updates to the allowance for State and other taxes in the tables used in the Federal Needs Analysis Methodology to determine a student's expected family contribution for the award year 2005-2006 under part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.), published in the Federal Register on Thursday, December 23, 2004 (69 Fed. Reg. 76926), shall not apply to a student to the extent the updates will increase the student's expected family contribution under such part F. SEC. 5. TERMINATION OF EXCESSIVE ALLOWANCES. Section 438(b)(2)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)) is amended by striking clause (v) and inserting the following: ``(v) This subparagraph shall not apply to-- ``(I) any loan made or purchased after the date of enactment of the Higher Education Opportunity Through Pell Grant Expansion Act; ``(II) any loan that had not qualified before such date of enactment for receipt of a special allowance payment determined under this subparagraph; or ``(III) any loan made or purchased before such date of enactment with funds described in the first or second sentence of clause (i) if-- ``(aa) the obligation described in the first such sentence has, after such date of enactment, matured, or been retired or defeased; or ``(bb) the maturity date or the date of retirement of the obligation described in the first such sentence has, after such date of enactment, been extended.''. SEC. 6. WINDFALL PROFIT OFFSET. Section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1) is further amended by adding at the end the following: ``(g) Windfall Profit Offset.--At the end of every fiscal quarter for which an eligible lender does not receive a special allowance payment under this section, the eligible lender shall pay to the Secretary of the Treasury for deposit into the Treasury as miscellaneous receipts a windfall profit offset payment for the fiscal quarter equal to the amount by which-- ``(1) the aggregate amount of all payments of interest received by the eligible lender from borrowers on all loans made, insured, or guaranteed under this part during the fiscal quarter; exceeds ``(2) interest guaranteed the lender under this section for the fiscal quarter, irrespective of the amount received under subparagraph (A).''.

Higher Education Opportunity Through Pell Grant Expansion Act - Expresses the sense of the Senate that: (1) eligible undergraduate students should receive the maximum Federal Pell Grant amount established by this Act's amendment to the Higher Education Act of 1965 (HEA); and (2) sufficient funds should be appropriated to allow the awarding of such amount. Authorizes and makes additional appropriations in a specified amount for FY 2006 to carry out HEA provisions for Federal Pell Grants. Amends HEA to revise the maximum amount of a Federal Pell Grant to $5,100 for academic year 2005-2006. Directs the Secretary of Education to adjust such maximum amount cumulatively every two academic years to account for any percentage increase in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. Prohibits the application of the annual updates (published in the Federal Register on December 23, 2004) to the allowance for State and other taxes in the tables used in the Federal Needs Analysis Methodology to determine a student's expected family contribution for the award year 2005-2006, to the extent such updates will reduce the amount of Federal student assistance for which the student is eligible. Terminates special allowance payments for lenders or holders of student loans: (1) made or purchased after enactment of this Act; (2) not qualified for such payments before such enactment; or (3) made or purchased before such enactment, but having retired or defeased obligations after such enactment, or having a maturity or retirement date extended after such enactment. Requires windfall profit offset payments from eligible lenders of student loans.

A bill to amend the Higher Education Act of 1965 to improve higher education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Detroit River International Wildlife Refuge Establishment Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Detroit River, one of North America's greatest rivers, was created some 14,000 years ago during the retreat of the Wisconsin Glacier. (2) The present river channel, established when falling water levels permitted erosion of the Lake Plain and moraines, is a connecting channel linking the Upper and Lower Great Lakes, as well as linking the United States to Canada. (3) The Lower Detroit River ecosystem is diverse with a number of distinct channels, numerous shoals that support dense stands of aquatic plants, and many islands. These nationally and internationally significant habitats and ecological features attract as many as 29 species of waterfowl and 65 kinds of fish. (4) The Detroit River is a major migration corridor for fish, butterflies, raptors, and other birds, in addition to waterfowl. Over 300 species of birds have been documented in the Detroit- Windsor area, of which about 150 species breed in the immediate area. (5) Because the Great Lakes are situated at the intersection of the Atlantic and Mississippi Flyways, the Detroit River is an important waterfowl migration corridor. 3,000,000 ducks, geese, swans, and coots migrate annually through the Great Lakes region. (6) The importance of this corridor is recognized in the Canada-United States North American Waterfowl Management Plan that has identified the Detroit River as part of one of 34 Waterfowl Habitat Areas of Major Concern in the United States and Canada. (7) Some 300,000 diving ducks stop in the Lower Detroit River on their fall migration from Canada to the east and south each year to rest and feed in beds of water celery found in the region. (8) The international importance of the Lower Detroit River area is manifested in the United States congressional designation of the 460-acre Wyandotte National Wildlife Refuge. (9) Canada's Canard River Marsh Complex is an internationally significant waterfowl staging area which is one of the main resting and feeding areas for canvasbacks migrating from their nesting grounds in the Canadian prairies to the East Coast. Many over- winter in the area as well. (10) The diversity of biota and habitats in the Lower Detroit River ecosystem provides substantial benefits to the over 5,000,000 people who live in the vicinity. The Lower Detroit River has an international reputation for duck hunting. On an economic basis, retail sales related to waterfowl hunting in Michigan were estimated in 1991 to be $20,100,000. During the same year birding, photography, and other nonconsumptive uses of waterfowl contributed an additional $192,800,000 in Michigan. (11) More than 1,000,000 pleasure boats are registered in Michigan and about half of those are used on the Detroit River and Lake St. Clair, in part to fish for the estimated 10,000,000 walleye that migrate to the Detroit River each spring from Lake Erie to spawn. These walleye have helped create an internationally renowned sport fishery estimated to bring in $1,000,000 to the economy of communities along the lower Detroit River each spring. (12) All of these natural resource values and socioeconomic benefits were acclaimed when the Detroit River was designated an American Heritage River in 1998. The Detroit River is also a Canadian Heritage River, making it the first international heritage river system in the world. (13) The Detroit River has lost over 95 percent of its coastal wetland habitats and despite increased awareness and supporting science of their importance, habitats continue to be destroyed and degraded. (14) Protection of remaining wildlife habitats and enhancement of degraded wildlife habitats are essential to sustain the quality of life enjoyed by so many living along the Detroit River corridor. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Refuge'' means the Detroit River International Wildlife Refuge established by section 5. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Detroit River'' means those lands and waters within the area described in section 5(a). SEC. 4. PURPOSES. The purposes for which the Refuge is established and shall be managed are as follows: (1) To protect the remaining high-quality fish and wildlife habitats of the Detroit River before they are lost to further development and to restore and enhance degraded wildlife habitats associated with the Detroit River. (2) To assist in international efforts to conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the Detroit River (including associated fish, wildlife, and plant species) both in the United States and Canada. (3) To facilitate partnerships among the United States Fish and Wildlife Service, Canadian national and provincial authorities, State and local governments, local communities in the United States and in Canada, conservation organizations, and other non-Federal entities to promote public awareness of the resources of the Detroit River. SEC. 5. ESTABLISHMENT OF REFUGE. (a) Boundaries.--There is hereby established the Detroit River International Wildlife Refuge, consisting of the lands and waters owned or managed by the Secretary pursuant to this Act in the State of Michigan within the area extending from the point in Michigan directly across the river from northernmost point of Ojibway Shores to the southern boundary of the Sterling State Park, as depicted upon a map entitled ``Detroit River International Wildlife Refuge Proposed'', dated July 31, 2001, which shall be available for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Existing Refuge Lands.--The Wyandotte National Wildlife Refuge is hereby included within, and shall be a part of, the Detroit River International Wildlife Refuge. All references to the Wyandotte National Wildlife Refuge shall hereafter be treated as references to the Detroit River International Wildlife Refuge. (c) Boundary Revisions.--The Secretary may make such revisions of the boundaries of the Refuge as may be appropriate to carry out the purposes of the Refuge or to facilitate the acquisition of property within the Refuge. (d) Acquisition.--The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange the lands and waters, or interests therein (including conservation easements), within the boundaries of the Refuge. (e) Transfers From Other Agencies.--Any Federal property located within the boundaries of the Refuge which is under the administrative jurisdiction of another department or agency of the United States may, with the concurrence of the head of administering department or agency, be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of this Act. (f) Study of Associated Area.--The Secretary (acting through the Director of the United States Fish and Wildlife Service) shall conduct a study of fish and wildlife habitat and aquatic and terrestrial communities of the north reach of the Detroit River, from the northernmost point of Ojibway Shores north to the mouth of Lake St. Clair, for potential inclusion in the Refuge. Not later than 18 months after the date of the enactment of the Act, the Secretary shall complete such study and submit a report containing the results thereof to the Congress. SEC. 6. ADMINISTRATION. (a) In General.--The Secretary shall administer all federally owned lands, waters, and interests therein that are within the boundaries of the Refuge in accordance with the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd et seq.) and this Act. The Secretary may use such additional statutory authority as may be available for the conservation of fish and wildlife, and the provision of fish and wildlife dependent recreational opportunities as the Secretary considers appropriate to carry out the purposes of this Act. (b) Priority Uses.--In providing opportunities for compatible fish and wildlife dependent recreation, the Secretary, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge. (c) Cooperative Agreements Regarding Nonfederal Lands.--The Secretary is authorized to enter into cooperative agreements with the State of Michigan, or any political subdivision thereof, and with any other person or entity for the management in a manner consistent with this Act of lands that are owned by such State, subdivision, or other person or entity and located within the boundaries of the Refuge and to promote public awareness of the resources of the Detroit River International Wildlife Refuge and encourage public participation in the conservation of those resources. (d) Use of Existing Greenway Authority.--The Secretary shall encourage the State of Michigan to use existing authorities under the Transportation Equity Act for the 21st Century (TEA-21) to provide funding for acquisition and development of trails within the boundaries of the Refuge. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of the Interior-- (1) such sums as may be necessary for the acquisition of lands and waters within the Refuge; (2) such sums as may be necessary for the development, operation, and maintenance of the Refuge; and (3) such sums as may be necessary to carry out the study under section 5(f). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Detroit River International Wildlife Refuge Establishment Act - Establishes the Detroit River International Wildlife Refuge (Refuge) which shall consist of specified lands and waters in Michigan, including the Wyandotte National Wildlife Refuge.Requires the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service, to: (1) conduct a study of fish and wildlife habitat and aquatic and terrestrial communities of the north reach of the River, from the northernmost point of Ojibway Shores north to the mouth of Lake St. Clair, for potential inclusion in the Refuge; and (2) submit a report containing the results to Congress.Authorizes the Secretary to: (1) use available authority for the conservation of fish and wildlife and for provision of fish and wildlife dependent recreational opportunities in the Refuge; and (2) ensure that compatible hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge.Authorizes the Secretary to enter into cooperative agreements with the State of Michigan, any political subdivision thereof, or any other person or entity: (1) for the management of lands within the Refuge owned by such person or entity; and (2) to promote public awareness of the Refuge's resources and encourage public participation in the conservation of those resources.Directs the Secretary to encourage the State to use existing authorities under the Transportation Equity Act for the 21st Century to provide funding for acquisition and development of trails within the Refuge.Authorizes appropriations.

To provide for the establishment of the Detroit River International Wildlife Refuge in the State of Michigan, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vehicle Efficiency Heightening Investment Credit to Lift our Economy Act of 2009''. SEC. 2. CREDIT FOR FLEET VEHICLES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45Q the following new section: ``SEC. 45R. FLEET VEHICLES. ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable amount with respect to each fleet vehicle placed in service by the taxpayer during the taxable year. ``(2) Applicable amount.--For purposes of paragraph (1), the applicable amount is-- ``(A) $4,000 for a fleet vehicle which is-- ``(i) a passenger automobile that-- ``(I) is assembled in the United States, and ``(II) has a highway label fuel economy value of 27 miles per gallon or greater but less than 30 miles per gallon, ``(ii) a passenger automobile that-- ``(I) is assembled in North America, and ``(II) has a highway label fuel economy value of 30 miles per gallon or greater, or ``(iii) a nonpassenger automobile that-- ``(I) is assembled in the United States, and ``(II) has a highway label fuel economy value of 24 miles per gallon or greater, ``(B) $5,000 for a fleet vehicle which is-- ``(i) a passenger automobile that-- ``(I) is assembled in the United States, and ``(II) has a highway label fuel economy value of 30 miles per gallon or greater, or ``(ii) a work truck that is assembled in the United States and registered by the dealer as a registered work truck, or ``(C) $3,000 for a fleet vehicle which is-- ``(i) a nonpassenger automobile that-- ``(I) is assembled in North America, and ``(II) has a highway label fuel economy value of 24 miles per gallon or greater. ``(b) Limitation.--Not more than 15 fleet vehicles may be taken into account under subsection (a) for a taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) Fleet vehicle.--The term `fleet vehicle' means a motor vehicle-- ``(A) which is a passenger automobile, nonpassenger automobile, or work truck, ``(B) the original use of which commences with the taxpayer, ``(C) which is acquired for use or lease by the taxpayer and not for resale, ``(D) which is property of a character subject to an allowance for depreciation, and ``(E) which is made by a manufacturer. ``(2) Automobile; passenger automobile; work truck.--The terms `automobile', `passenger automobile', and `work truck' have the meanings given such terms in section 32901(a) of title 49, United States Code. ``(3) Nonpassenger automobile.--The term `nonpassenger automobile' means an automobile classified as a light truck under part 523 of title 49, Code of Federal Regulations, and is not a work truck. ``(4) Highway label fuel economy value.--The term `highway label fuel economy value' means the number, expressed in miles per gallon, centered directly below the words `Highway MPG' on the label required to be affixed or caused to be affixed on a new automobile pursuant to subpart D of part 600 of title 40, Code of Federal Regulations. ``(5) Motor vehicle.--The term `motor vehicle' means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels. ``(d) Special Rules.--For purposes of this section-- ``(1) Related person.-- ``(A) In general.--The taxpayer and any person related to the taxpayer shall be treated as one person. ``(B) Related person defined.--A person (hereinafter in this paragraph referred to as the `related person') is related to any other person if-- ``(i) the related person bears a relationship to such person specified in section 267(b) or section 707(b)(1), or ``(ii) the related person and such person are engaged in trades or business under common control (within the meaning of subsections (a) and (b) of section 52). For purposes of subparagraph (A), in applying section 267(b) or 707(b)(1), `10 percent' shall be substituted for `50 percent'. ``(2) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed. ``(3) Applicable rules.--For purposes of this section, rules similar to the rules of paragraphs (5), (6), (7), (8), and (9) of section 30B(h) shall apply. ``(e) Termination.--This section shall not apply to any property purchased after December 31, 2010.''. (b) Credit To Be Part of Business Credit.--Section 38(b) is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following: ``(36) the fleet vehicle credit determined under section 45R(a).''. (c) Basis.--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 adding at the end the following new paragraph: ``(38) to the extent provided in section 45R(d)(2).''. (d) Conforming Amendments.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45Q the following new item: ``Sec. 45R. Fleet vehicles.''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2008.

Vehicle Efficiency Heightening Investment Credit to Lift our Economy Act of 2009 - Amends the Internal Revenue Code to allow a business-related tax credit for the purchase of up to 15 fleet vehicles in a taxable year. Specifies the credit amount for each fleet vehicle depending upon its fuel economy value. Defines "fleet vehicle" as a passenger automobile, nonpassenger automobile, or work truck. Terminates such credit after 2010.

To amend the Internal Revenue Code of 1986 to allow a business credit for the acquisition of fleet vehicles.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Health Care Cost Reduction Act of 2012''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Repeal of medical device excise tax. Sec. 3. Repeal of disqualification of expenses for over-the-counter drugs under certain accounts and arrangements. Sec. 4. Taxable distributions of unused balances under health flexible spending arrangements. Sec. 5. Recapture of overpayments resulting from certain federally- subsidized health insurance. SEC. 2. REPEAL OF MEDICAL DEVICE EXCISE TAX. (a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is amended by striking subchapter E. (b) Conforming Amendments.-- (1) Subsection (a) of section 4221 of such Code is amended by striking the last sentence. (2) Paragraph (2) of section 6416(b) of such Code is amended by striking the last sentence. (c) Clerical Amendment.--The table of subchapters for chapter 32 of such Code is amended by striking the item relating to subchapter E. SEC. 3. REPEAL OF DISQUALIFICATION OF EXPENSES FOR OVER-THE-COUNTER DRUGS UNDER CERTAIN ACCOUNTS AND ARRANGEMENTS. (a) HSAs.--Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended by striking the last sentence. (b) Archer MSAs.--Subparagraph (A) of section 220(d)(2) of such Code is amended by striking the last sentence. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of such Code is amended by striking subsection (f). (d) Effective Date.--The amendments made by this section shall apply to expenses incurred after December 31, 2012. SEC. 4. TAXABLE DISTRIBUTIONS OF UNUSED BALANCES UNDER HEALTH FLEXIBLE SPENDING ARRANGEMENTS. (a) In General.--Section 125 of the Internal Revenue Code of 1986 is amended by redesignating subsections (k) and (l) as subsections (l) and (m), respectively, and by inserting after subsection (j) the following new subsection: ``(k) Taxable Distributions of Unused Balances Under Health Flexible Spending Arrangements.-- ``(1) In general.--For purposes of this section and sections 105(b) and 106, a plan or other arrangement which (but for any qualified distribution) would be a health flexible spending arrangement shall not fail to be treated as a cafeteria plan or health flexible spending arrangement (and shall not fail to be treated as an accident or health plan) merely because such arrangement provides for qualified distributions. ``(2) Qualified distributions.--For purposes of this subsection, the term `qualified distribution' means any distribution to an individual under the arrangement referred to in paragraph (1) with respect to any plan year if-- ``(A) such distribution is made after the last date on which requests for reimbursement under such arrangement for such plan year may be made and not later than the end of the 7th month following the close of such plan year, and ``(B) such distribution does not exceed the lesser of-- ``(i) $500, or ``(ii) the excess of-- ``(I) the salary reduction contributions made under such arrangement for such plan year, over ``(II) the reimbursements for expenses incurred for medical care made under such arrangement for such plan year. ``(3) Tax treatment of qualified distributions.--Qualified distributions shall be includible in the gross income of the employee in the taxable year in which distributed and shall be taken into account as wages or compensation under the applicable provisions of subtitle C when so distributed. ``(4) Coordination with qualified reservist distributions.--A qualified reservist distribution (as defined in subsection (h)(2)) shall not be treated as a qualified distribution and shall not be taken into account in applying the limitation of paragraph (2)(B)(i).''. (b) Conforming Amendment.--Paragraph (1) of section 409A(d) of such Code is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) a health flexible spending arrangement to which subsection (h) or (k) of section 125 applies.''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2012. SEC. 5. RECAPTURE OF OVERPAYMENTS RESULTING FROM CERTAIN FEDERALLY- SUBSIDIZED HEALTH INSURANCE. (a) In General.--Paragraph (2) of section 36B(f) of the Internal Revenue Code of 1986 is amended by striking subparagraph (B). (b) Conforming Amendment.--So much of paragraph (2) of section 36B(f) of such Code, as amended by subsection (a), as precedes ``advance payments'' is amended to read as follows: ``(2) Excess advance payments.--If the''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2013. Passed the House of Representatives June 7, 2012. Attest: KAREN L. HAAS, Clerk.

Health Care Cost Reduction Act of 2012 - Amends the Internal Revenue Code to: (1) repeal the excise tax on medical devices; (2) repeal restrictions on payments from health savings accounts, Archer medical savings accounts, and health flexible spending and reimbursement arrangements to only prescription drugs or insulin (thus allowing distributions from such accounts for over-the-counter drugs); (3) allow amounts in a flexible spending arrangement (FSA), up to $500, that are not spent for medical care to be distributed to the FSA participant as taxable income after the close of a plan year (currently, such unspent amounts are forfeited); and (4) repeal the limitation on the recapture of advance payments of the tax credit for health insurance premium assistance that exceed the allowable credit amount for a taxable year.

To amend the Internal Revenue Code of 1986 to repeal the excise tax on medical devices.

SECTION 1. OFFSET OF STATE JUDICIAL DEBTS AGAINST INCOME TAX REFUND. (a) In General.--Section 6402 of the Internal Revenue Code of 1986 (relating to authority to make credits or refunds) is amended by redesignating subsections (f) through (k) as subsections (g) through (l), respectively, and by inserting after subsection (e) the following: ``(f) Collection of Past-Due, Legally Enforceable State Judicial Debts.-- ``(1) In general.--Upon receiving notice from any State judicial branch or State agency designated by the chief justice of the State's highest court that a named person owes a past- due, legally enforceable State judicial debt to or in such State, the Secretary shall, under such conditions as may be prescribed by the Secretary-- ``(A) reduce the amount of any overpayment payable to such person by the amount of such State judicial debt; ``(B) pay the amount by which such overpayment is reduced under subparagraph (A) to such State judicial branch or State agency and notify such State judicial branch or State agency of such person's name, taxpayer identification number, address, and the amount collected; and ``(C) notify the person making such overpayment that the overpayment has been reduced by an amount necessary to satisfy a past-due, legally enforceable State judicial debt. If an offset is made pursuant to a joint return, the notice under subparagraph (B) shall include the names, taxpayer identification numbers, and addresses of each person filing such return. ``(2) Offset permitted only against residents of state seeking offset.--Paragraph (1) shall apply to an overpayment by any person for a taxable year only if the address shown on the Federal return for such taxable year is an address within the State of the State judicial branch or State agency seeking the offset. ``(3) Priorities for offset.--Any overpayment by a person shall be reduced pursuant to this subsection-- ``(A) after such overpayment is reduced pursuant to-- ``(i) subsection (a) with respect to any liability for any internal revenue tax on the part of the person who made the overpayment; ``(ii) subsection (c) with respect to past- due support; ``(iii) subsection (d) with respect to any past-due, legally enforceable debt owed to a Federal agency; and ``(iv) subsection (e) with respect to any past-due, legally enforceable State income tax obligations; and ``(B) before such overpayment is credited to the future liability for any Federal internal revenue tax of such person pursuant to subsection (b). If the Secretary receives notice from 1 or more State agencies, or from 1 or more State agencies and the State judicial branch, of more than 1 debt subject to paragraph (1) that is owed by such person to such State agency or State judicial branch, any overpayment by such person shall be applied against such debts in the order in which such debts accrued. ``(4) Notice; consideration of evidence.--Rules similar to the rules of subsection (e)(4) shall apply with respect to debts under this subsection. ``(5) Past-due, legally enforceable state judicial debt.-- ``(A) In general.--For purposes of this subsection, the term `past-due, legally enforceable State judicial debt' means a debt-- ``(i) which resulted from a judgment or sentence rendered by any court or tribunal of competent jurisdiction which-- ``(I) handles criminal or traffic cases in the State; and ``(II) has determined an amount of State judicial debt to be due; and ``(ii) which resulted from a State judicial debt which has been assessed and is past-due but not collected. ``(B) State judicial debt.--For purposes of this paragraph, the term `State judicial debt' includes court costs, fees, fines, assessments, restitution to victims of crime, and other monies resulting from a judgment or sentence rendered by any court or tribunal of competent jurisdiction handling criminal or traffic cases in the State. ``(6) Regulations.--The Secretary shall issue regulations prescribing the time and manner in which State judicial branches and State agencies must submit notices of past-due, legally enforceable State judicial debts and the necessary information that must be contained in or accompany such notices. The regulations shall specify the types of State judicial monies and the minimum amount of debt to which the reduction procedure established by paragraph (1) may be applied. The regulations may require State judicial branches and State agencies to pay a fee to reimburse the Secretary for the cost of applying such procedure. Any fee paid to the Secretary pursuant to the preceding sentence shall be used to reimburse appropriations which bore all or part of the cost of applying such procedure. ``(7) Erroneous payment to state.--Any State judicial branch or State agency receiving notice from the Secretary that an erroneous payment has been made to such State judicial branch or State agency under paragraph (1) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such State judicial branch or State agency under such paragraph have been paid to such State judicial branch or State agency).''. (b) Disclosure of Return Information.--Section 6103(l)(10) of the Internal Revenue Code of 1986 (relating to disclosure of certain information to agencies requesting a reduction under subsection (c), (d), or (e) of section 6402) is amended by striking ``or (e)'' each place it appears in the text and heading and inserting ``(e), or (f)''. (c) Conforming Amendments.-- (1) Section 6402(a) of the Internal Revenue Code of 1986 is amended by striking ``and (e)'' and inserting ``(e), and (f)''. (2) Paragraph (2) of section 6402(d) of such Code is amended by striking ``subsection (e)'' and inserting ``subsections (e) and (f)''. (3) Paragraph (3)(B) of section 6402(e) of such Code is amended to read as follows: ``(B) before such overpayment is-- ``(i) reduced pursuant to subsection (f) with respect to past-due, legally enforceable State judicial debts, and ``(ii) credited to the future liability for any Federal internal revenue tax of such person pursuant to subsection (b).''. (4) Section 6402(g) of such Code, as so redesignated, is amended by striking ``or (e)'' and inserting ``(e), or (f)''. (5) Section 6402(i) of such Code, as so redesignated, is amended by striking ``or (e)'' and inserting ``, (e), or (f)''. (d) Effective Date.--The amendments made by this Act shall apply to refunds payable for taxable years beginning after December 31, 2006.

Amends the Internal Revenue Code to direct the Secretary of the Treasury, upon receiving notice from a state judicial agency that a named person owes a past-due, legally enforceable state judicial debt, to pay such debt from any tax refund due to such person.

A bill to amend the Internal Revenue Code of 1986 to allow an offset against income tax refunds to pay for State judicial debts that are past due.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Main Street Growth Act''. SEC. 2. VENTURE EXCHANGES. (a) Securities Exchange Act of 1934.--Section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f) is amended by adding at the end the following: ``(m) Venture Exchange.-- ``(1) Registration.-- ``(A) In general.--A national securities exchange may elect to be treated (or for a listing tier of such exchange to be treated) as a venture exchange by notifying the Commission of such election, either at the time the exchange applies to be registered as a national securities exchange or after registering as a national securities exchange. ``(B) Determination time period.--With respect to a securities exchange electing to be treated (or for a listing tier of such exchange to be treated) as a venture exchange-- ``(i) at the time the exchange applies to be registered as a national securities exchange, such application and election shall be deemed to have been approved by the Commission unless the Commission denies such application before the end of the 6-month period beginning on the date the Commission received such application; and ``(ii) after registering as a national securities exchange, such election shall be deemed to have been approved by the Commission unless the Commission denies such approval before the end of the 6-month period beginning on the date the Commission received notification of such election. ``(2) Powers and restrictions.--A venture exchange-- ``(A) may only constitute, maintain, or provide a market place or facilities for bringing together purchasers and sellers of venture securities; ``(B) may determine the increment to be used for quoting and trading venture securities on the exchange; ``(C) shall disseminate last sale and quotation information on terms that are fair and reasonable and not unreasonably discriminatory; ``(D) may choose to carry out periodic auctions for the sale of a venture security instead of providing continuous trading of the venture security; and ``(E) may not extend unlisted trading privileges to any venture security. ``(3) Exemptions from certain national security exchange regulations.--A venture exchange shall not be required to-- ``(A) comply with any of sections 242.600 through 242.612 of title 17, Code of Federal Regulations; ``(B) comply with any of sections 242.300 through 242.303 of title 17, Code of Federal Regulations; ``(C) submit any data to a securities information processor; or ``(D) use decimal pricing. ``(4) Treatment of certain exempted securities.--A security that is exempt from registration pursuant to section 3(b) of the Securities Act of 1933 shall be exempt from section 12(a) of this title with respect to the trading of such security on a venture exchange, if the issuer of such security is in compliance with all disclosure obligations of such section 3(b) and the regulations issued under such section. ``(5) Definitions.--For purposes of this subsection: ``(A) Early-stage, growth company.-- ``(i) In general.--The term `early-stage, growth company' means an issuer-- ``(I) that has not made an initial public offering of any securities of the issuer; and ``(II) with a market capitalization of $1,000,000,000 (as such amount is indexed for inflation every 5 years by the Commission to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, setting the threshold to the nearest $1,000,000) or less. ``(ii) Treatment when market capitalization exceeds threshold.-- ``(I) In general.--In the case of an issuer that is an early-stage, growth company the securities of which are traded on a venture exchange, such issuer shall not cease to be an early- stage, growth company by reason of the market capitalization of such issuer exceeding the threshold specified in clause (i)(II) until the end of the period of 24 consecutive months during which the market capitalization of such issuer exceeds $2,000,000,000 (as such amount is indexed for inflation every 5 years by the Commission to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, setting the threshold to the nearest $1,000,000). ``(II) Exemptions.--If an issuer would cease to be an early-stage, growth company under subclause (I), the venture exchange may, at the request of the issuer, exempt the issuer from the market capitalization requirements of this subparagraph for the 1-year period that begins on the day after the end of the 24-month period described in such subclause. The venture exchange may, at the request of the issuer, extend the exemption for 1 additional year. ``(B) Venture security.--The term `venture security' means-- ``(i) securities of an early-stage, growth company that are exempt from registration pursuant to section 3(b) of the Securities Act of 1933; and ``(ii) securities of an emerging growth company.''. (b) Securities Act of 1933.--Section 18(b)(1) of the Securities Act of 1933 (15 U.S.C. 77r(b)(1)) is amended-- (1) in subparagraph (B), by striking ``or'' at the end; (2) in subparagraph (C), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(D) a venture security, as defined under section 6(m)(5) of the Securities Exchange Act of 1934.''. (c) Sense of Congress.--It is the sense of the Congress that the Securities and Exchange Commission should-- (1) when necessary or appropriate in the public interest and consistent with the protection of investors, make use of the Commission's general exemptive authority under section 36 of the Securities Exchange Act of 1934 (15 U.S.C. 78mm) with respect to the provisions added by this section; and (2) if the Commission determines appropriate, create an Office of Venture Exchanges within the Commission's Division of Trading and Markets. (d) Rule of Construction.--Nothing in this section or the amendments made by this section shall be construed to impair or limit the construction of the antifraud provisions of the securities laws (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))) or the authority of the Securities and Exchange Commission under those provisions. (e) Effective Date for Tiers of Existing National Securities Exchanges.--In the case of a securities exchange that is registered as a national securities exchange under section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f) on the date of the enactment of this Act, any election for a listing tier of such exchange to be treated as a venture exchange under subsection (m) of such section shall not take effect before the date that is 180 days after such date of enactment.

Main Street Growth Act (Sec. 2) This bill amends the Securities Exchange Act of 1934 to permit a national securities exchange, for itself or for one of its listing tiers, to elect treatment as a venture exchange by notifying the Securities and Exchange Commission (SEC) of such an election either at the time it applies for registration or after registering as a national securities exchange. Unless the SEC denies the registration application within six months after its receipt, the application and election shall be deemed to have received SEC approval. Similarly, after a national securities exchange registers, its election to be treated as a venture exchange shall be deemed approved unless the SEC denies approval within six months after receiving notice of the election. The bill subjects a venture exchange to certain restrictions, including that it may: (1) only constitute, maintain, or provide a market place or facilities for bringing together purchasers and sellers of venture securities, and (2) not extend unlisted trading privileges to any venture security. Venture securities are securities of: an early-stage, growth company exempt from registration under the Securities Act of 1933; and an emerging growth company. The bill exempts a venture exchange from compliance with: (1) specified National Market System and Alternative Trading System rules, (2) the requirement to submit data to a securities information processor, or (3) mandatory use of decimal pricing. With respect to trading on a venture exchange, the bill also exempts from registration under the Securities Exchange Act of 1934 certain securities exempted from registration under the Securities Act of 1933 if the issuer is in compliance with all disclosure obligations and regulations under the latter Act. The bill defines an issuer with a market capitalization of $1 million or less, and which has not made an initial public offering of any securities, as an "early-stage growth company." An early-stage, growth company whose securities are traded on a venture exchange shall not cease to be an early-stage, growth company by reason of a market capitalization exceeding the $1 million threshold until the end of 24 consecutive months during which that market capitalization exceeds $2 million (indexed for inflation). If an issuer would cease to be an early-stage, growth company for exceeding the market capitalization threshold, a venture exchange may, upon the issuer's request, exempt the issuer from such capitalization requirements for the 24-month period referred to, and extend that exemption for an additional year as well. The Securities Act of 1933 is amended to exempt venture securities from state and local government regulation. The bill expresses the sense of Congress that the SEC should: make use of its general exemptive authority regarding certain elements of this bill; and create an Office of Venture Exchanges, if appropriate, within the SEC Division of Trading and Markets.

Main Street Growth Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Haze Federalism Act''. SEC. 2. IMPLEMENTATION PLANS. Section 110 of the Clean Air Act (42 U.S.C. 7410) is amended-- (1) in subsection (c), by striking ``(c)(1) The Administrator'' and all that follows through the end of paragraph (1) and inserting the following: ``(c) Federal Plans.-- ``(1) Plans.-- ``(A) In general.--Except as provided in subparagraph (C), unless the conditions described in subparagraph (B) are met, the Administrator shall promulgate a Federal implementation plan at any time after the date that is 2 years after the date on which the Administrator-- ``(i) finds that a State has failed to make a required submission or finds that the plan or plan revision submitted by the State does not satisfy the minimum criteria established under subsection (k)(1)(A); or ``(ii) disapproves a State implementation plan submission in whole or in part. ``(B) Conditions.--The conditions described in this subparagraph are that, before the date on which the Administrator promulgates a Federal implementation plan-- ``(i) a State corrects a deficiency in a State implementation plan or plan revision submitted by the State; and ``(ii) the Administrator approves the plan or plan revision. ``(C) Visibility protection plans.--In the case of a Federal implementation plan promulgated after the date of enactment of this subparagraph in place of a State implementation plan under section 169A-- ``(i) the Administrator shall promulgate such Federal implementation plan only if the Administrator makes a finding that the State submitting the State implementation plan failed to consider the factors described in paragraphs (1) and (2) of section 169A(g) in preparing and submitting the plan; and ``(ii) compliance with the requirements of such Federal implementation plan shall not be required earlier than 5 years after the date of promulgation.''; and (2) in subsection (k)-- (A) by striking paragraph (3) and inserting the following: ``(3) Full and partial approval and disapproval.-- ``(A) In general.--Except as provided in subparagraphs (B) through (D), in the case of any submission on which the Administrator is required to act under paragraph (2), the Administrator shall approve the submission as a whole if the submission meets all of the applicable requirements of this Act. ``(B) Review.--In reviewing any State implementation plan submitted pursuant to section 169A, the Administrator shall limit the review only to a determination of whether the State submitting the State implementation plan considered the factors described in paragraphs (1) and (2) of section 169A(g) in preparing and submitting the plan. ``(C) Visibility plans.--The Administrator shall approve as a whole any implementation plan submitted under section 169A that was prepared and submitted after consideration of the factors described in paragraphs (1) and (2) of section 169A(g). ``(D) Partial approval and disapproval.-- ``(i) In general.--If a portion of a plan revision meets all applicable requirements of this Act, the Administrator may approve the plan revision in part and disapprove the plan revision in part. ``(ii) Full approval.--A plan revision shall not be treated as meeting the requirements of this Act until the Administrator approves the entire plan revision as complying with the applicable requirements of this Act.''; and (B) in paragraph (5)-- (i) in the first sentence, by striking ``Whenever'' and inserting the following: ``(A) In general.--Whenever''; and (ii) by adding at the end the following: ``(B) Visibility plans.--Notwithstanding subparagraph (A), with respect to an implementation plan or portion of an implementation plan approved pursuant to section 169A, the Administrator shall only find that such a plan or portion of a plan is substantially inadequate to meet standards for air pollutants that cause or contribute to the impairment of visibility, or any other applicable standard or requirement, under that section if the Administrator makes a finding that, in preparing the plan, the submitting State failed to consider the factors described in paragraphs (1) and (2) of section 169A(g). ``(C) Existing visibility plans.-- ``(i) Request for revocation.--At any time after the date of enactment of this subparagraph-- ``(I) a State may request that the existing Federal or State implementation plan for the State regarding visibility or any determination made in calendar year 2010 or 2011 of best available retrofit technology pursuant to section 169A be revoked; and ``(II) upon receipt of such a request, the Administrator shall revoke the implementation plan. ``(ii) Submission of new or revised plan.-- Upon a revocation under clause (i)(II), the State that requested the revocation shall, within a reasonable period of time, submit to the Administrator a visibility plan or a revised best available retrofit technology determination in accordance with this Act.''. SEC. 3. VISIBILITY PROTECTION FOR FEDERAL CLASS I AREAS. Section 169A of the Clean Air Act (42 U.S.C. 7491) is amended-- (1) in subsection (b)(2), in the matter preceding subparagraph (A), by striking ``as may be necessary'' and inserting ``as the State determines, at the sole discretion of the State after considering factors described in this section and providing adequate opportunity for public comment, may be necessary''; and (2) in subsection (g)-- (A) by striking paragraph (1) and inserting the following: ``(1) in determining reasonable progress, there shall be taken into consideration-- ``(A) the costs of compliance; ``(B) the time necessary for compliance; ``(C) the energy and nonair quality environmental impacts of compliance; ``(D) the remaining useful life of any existing source subject to requirements under this section; ``(E) the degree of improvement in visibility that may reasonably be anticipated to result from measures described in the applicable implementation plan; and ``(F) the economic impacts to the State (including people of the State);''; (B) in paragraph (2)-- (i) by striking ``(2) in determining best available retrofit technology the State'' and inserting the following: ``(2) in determining the best available retrofit technology-- ``(A) the State''; (ii) in subparagraph (A) (as designated by clause (i)), by inserting ``the economic impacts to the State (including people of the State),'' after ``life of the source,''; (iii) by striking ``technology;'' and inserting ``technology; and''; and (iv) by adding at the end the following: ``(B) the determination of best available retrofit technology by the State for any source shall be subject to review by the Administrator or an administrative entity or Federal or State court only pursuant to a clearly erroneous standard of review;''; and (C) in paragraph (4), by striking ``(or the date of promulgation of such a plan revision in the case of action by the Administrator under section 110(c) for purposes of this section)''.

Regional Haze Federalism Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate a federal implementation plan in place of a state implementation plan to remedy any impairment to visibility in designated class I areas (international parks, wilderness areas and memorial parks that exceed 5,000 acres, and national parks that exceed 6,000 acres) only if: (1) such state failed to consider the costs of, the time necessary for, and and the energy and non-air quality environmental impacts of compliance with such plan and the remaining useful life of any existing air pollution source; and (2) compliance with federal implementation plan requirements is not required earlier than five years after the date of promulgation. Requires: (1) the Administrator to revoke an existing federal or state implementation plan for a state regarding visibility or any determination made in 2010 or 2011 of best available retrofit technology for a source upon receipt of a request by such state; and (2) such state to submit to the Administrator a visibility plan or a revised retrofit technology determination within a reasonable period of time. Provides that states have sole discretion, after considering certain economic factors, in determining emission limits, schedules of compliance, and other measures for each applicable implementation plan for a state for any area that is listed as contributing to impairment of visibility. Requires the state, in determining best available retrofit technology (or the Administrator in determining emission limitations that reflect such technology), to consider, in addition to other factors, the economic impacts to the state and the degree of improvement in visibility that may reasonably be anticipated to result from measures described in the applicable implementation plan. Provides that a state's determination of such technology for any source may be subject to review by the Administrator or an administrative entity or federal or state court only pursuant to a clearly erroneous standard of review.

To amend the Clean Air Act to provide States increased flexibility in implementing standards through State implementation plans.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Energy Critical Elements Renewal Act of 2011''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--ENERGY CRITICAL ELEMENTS Sec. 101. Energy critical elements program. Sec. 102. Policy Coordination Committee. Sec. 103. Rare earth materials loan guarantee program. TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND DEVELOPMENT Sec. 201. Amendments to National Materials and Minerals Policy, Research and Development Act of 1980. Sec. 202. Repeal. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate Congressional committees'' means the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate. (2) Center.--The term ``Center'' means the Research and Development Information Center established in section 101(b). (3) Department.--The term ``Department'' means the Department of Energy. (4) Energy critical element.--The term ``energy critical element'' means any of a class of chemical elements that are critical to one or more new, energy-related technologies such that a shortage of such element would significantly inhibit large-scale deployment of technologies that produce, transmit, store, or conserve energy. (5) Rare earth materials.--The term ``rare earth materials'' means any of the following chemical elements in any of their physical forms or chemical combinations: (A) Scandium. (B) Yttrium. (C) Lanthanum. (D) Cerium. (E) Praseodymium. (F) Neodymium. (G) Promethium. (H) Samarium. (I) Europium. (J) Gadolinium. (K) Terbium. (L) Dysprosium. (M) Holmium. (N) Erbium. (O) Thulium. (P) Ytterbium. (Q) Lutetium. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. TITLE I--ENERGY CRITICAL ELEMENTS SEC. 101. ENERGY CRITICAL ELEMENTS PROGRAM. (a) Establishment of Program.-- (1) In general.--There is established in the Department a program of research, development, demonstration, and commercial application to assure the long-term, secure, and sustainable supply of energy critical elements sufficient to satisfy the national security, economic well-being, and industrial production needs of the United States. (2) Program activities.--The program shall support activities to-- (A) better characterize and quantify virgin stocks of energy critical elements using theoretical geochemical research; (B) explore, discover, and recover energy critical elements using advanced science and technology; (C) improve methods for the extraction, processing, use, recovery, and recycling of energy critical elements; (D) improve the understanding of the performance, processing, and adaptability in engineering designs of energy critical elements; (E) identify and test alternative materials that can be substituted for energy critical elements in particular applications; and (F) engineer and test applications that-- (i) use recycled energy critical elements; (ii) use alternative materials; or (iii) seek to minimize energy critical element content. (3) Improved processes and technologies.--To the maximum extent practicable, the Secretary shall support new or significantly improved processes and technologies as compared to those currently in use in the energy critical elements industry. (4) Expanding participation.--The Secretary shall encourage multidisciplinary collaborations of participants, extensive opportunities for students at institutions of higher education, or both. (5) Consistency.--The program shall be consistent with the policies and programs in the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1601 et seq.). (6) International collaboration.--In carrying out the program, the Secretary may collaborate, to the extent practicable, on activities of mutual interest with the relevant agencies of foreign countries with interests relating to energy critical elements. (b) Research and Development Information Center.-- (1) In general.--To collect, catalogue, disseminate, and archive information on energy critical elements, the Secretary shall establish, through a competitive process, a Research and Development Information Center. (2) Center activities.-- (A) In general.--The Center shall-- (i) serve as the repository for scientific and technical data generated by the research and development activities funded under this section; (ii) assist scientists and engineers in making the fullest possible use of the Center's data holdings; (iii) seek and incorporate other information on energy critical elements to enhance the Center's utility for program participants and other users; (iv) provide advice to the Secretary concerning the research and development program under subsection (a); and (v) host conferences, at least annually, for participants in the energy critical elements program and other interested parties to promote information sharing and encourage new collaborative activities. (B) Restriction.--Not more than 2.5 percent of the amounts made available pursuant to this section may be used for hosting conferences under subparagraph (A)(v). (c) Plan.-- (1) In general.--Within 180 days after the date of enactment of this Act and biennially thereafter, the Secretary shall prepare and submit to the appropriate Congressional committees a plan to carry out the program established under subsection (a) and the Center established under subsection (b). (2) Specific requirements.--The plan shall include a description of-- (A) the research and development activities to be carried out by the program during the subsequent 2 years; (B) the expected contributions of the program and the Center to the creation of innovative methods and technologies for the efficient and sustainable provision of energy critical elements to the domestic economy; (C) the technical criteria to be used to evaluate applications for loan guarantees under section 1706 of the Energy Policy Act of 2005; (D) any projects receiving loan guarantee support under such section and the status of such projects; (E) how the program is promoting the broadest possible participation by academic, industrial, and other contributors; and (F) actions taken or proposed that reflect recommendations from the assessment conducted under subsection (d) or the Secretary's rationale for not taking action pursuant to any recommendation from such assessment for plans submitted following the completion of the assessment under such subsection. (3) Consultation.--In preparing each plan under paragraph (1), the Secretary shall consult with appropriate representatives of industry, institutions of higher education, Department of Energy national laboratories, professional and technical societies, and other entities, as determined by the Secretary. (d) Assessment.-- (1) In general.--After the program has been in operation for 4 years, the Secretary shall offer to enter into a contract with the National Academy of Sciences under which the National Academy shall conduct an assessment of the program under subsection (a), including the operations and activities of the Center under subsection (b). (2) Inclusions.--The assessment shall include the recommendation of the National Academy of Sciences that the program should be-- (A) continued, accompanied by a description of any improvements needed in the program; or (B) terminated, accompanied by a description of the lessons learned from the execution of the program. (3) Availability.--The assessment shall be made available to Congress and the public upon completion. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary to carry out this section the following sums: (A) For fiscal year 2012, $10,000,000. (B) For fiscal year 2013, $15,000,000. (C) For fiscal year 2014, $15,000,000. (D) For fiscal year 2015, $15,000,000. (E) For fiscal year 2016, $15,000,000. (2) Assessment.--From the amounts authorized under paragraph (1), there are authorized to be appropriated to the Secretary $700,000 to enter into a contract under subsection (d)(1). (3) Availability.--Such sums shall remain available until expended. SEC. 102. SUPPLY OF ENERGY CRITICAL ELEMENTS. The President, acting through the Office of Science and Technology Policy, shall-- (1) coordinate the actions of applicable Federal agencies to promote an adequate and stable supply of energy critical elements necessary to maintain national security, economic well-being, and industrial production with appropriate attention to a long-term balance between resource production, energy use, a healthy environment, natural resources conservation, and social needs; (2) identify energy critical elements and establish early warning systems for supply problems of energy critical elements; (3) establish a mechanism for the coordination and evaluation of Federal programs with energy critical element needs, including programs involving research and development, in a manner that complements related efforts carried out by the private sector and other domestic and international agencies and organizations; (4) promote and encourage private enterprise in the development of an economically sound and stable domestic energy critical elements supply chain; (5) promote and encourage the recycling of energy critical elements, taking into account the logistics, economic viability, environmental sustainability, and research and development needs for completing the recycling process; (6) assess the need for and make recommendations concerning the availability and adequacy of the supply of technically trained personnel necessary for energy critical elements research, development, extraction, and industrial production, with a particular focus on the problem of attracting and maintaining high quality professionals for maintaining an adequate supply of energy critical elements; and (7) report to Congress on activities and findings under this subsection. SEC. 103. RARE EARTH MATERIALS LOAN GUARANTEE PROGRAM. (a) Amendment.--Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) is amended by adding at the end the following new section: ``SEC. 1706. TEMPORARY PROGRAM FOR RARE EARTH MATERIALS REVITALIZATION. ``(a) In General.--As part of the program established in section 101 of the Energy Critical Elements Renewal Act of 2011, the Secretary is authorized to make guarantees under this title for the commercial application of new or significantly improved technologies (compared to technologies currently in use in the United States) for the following categories of projects: ``(1) The separation and recovery of rare earth materials from ores or other sources. ``(2) The preparation of rare earth materials in oxide, metal, alloy, or other forms needed for national security, economic well-being, or industrial production purposes. ``(3) The application of rare earth materials in the production of improved-- ``(A) magnets; ``(B) batteries; ``(C) refrigeration systems; ``(D) optical systems; ``(E) electronics; and ``(F) catalysis. ``(4) The application of rare earth materials in other uses, as determined by the Secretary. ``(b) Timeliness.--The Secretary shall seek to minimize delay in approving loan guarantee applications, consistent with appropriate protection of taxpayer interests. ``(c) Cooperation.--To the maximum extent practicable, the Secretary shall cooperate with appropriate private sector participants to achieve a complete rare earth materials production capability in the United States within 5 years after the date of enactment of the Energy Critical Elements Renewal Act of 2011. ``(d) Sunset.--The authority to enter into guarantees under this section shall expire on September 30, 2019.''. (b) Table of Contents Amendment.--The table of contents for the Energy Policy Act of 2005 is amended by inserting after the item relating to section 1705 the following new item: ``Sec. 1706. Temporary program for rare earth materials revitalization.''. TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND DEVELOPMENT SEC. 201. AMENDMENTS TO NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH AND DEVELOPMENT ACT OF 1980. (a) Program Plan.--Section 5 of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1604) is amended-- (1) by striking ``date of enactment of this Act'' each place it appears and inserting ``date of enactment of the Energy Critical Elements Renewal Act of 2011''; (2) in subsection (b), by striking ``Federal Coordinating Council for Science, Engineering, and Technology'' and inserting ``National Science and Technology Council,''; (3) in subsection (c)-- (A) by striking ``the Federal Emergency'' and all that follows through ``Agency, and''; (B) by striking ``appropriate shall'' and inserting ``appropriate, shall''; (C) by striking paragraph (1); (D) in paragraph (2), by striking ``in the case'' and all that follows through ``subsection,'' (E) by redesignating paragraph (2) as paragraph (1); (F) by redesignating paragraph (3) as paragraph (2); and (G) by amending paragraph (2), as redesignated, to read as follows: ``(2) assess the adequacy and stability of the supply of materials necessary to maintain national security, economic well-being, and industrial production.''; (4) by striking subsections (d) and (e); and (5) by redesignating subsection (f) as subsection (d). (b) Policy.--Section 3 of such Act (30 U.S.C. 1602) is amended-- (1) by striking ``The Congress declares that it'' and inserting ``It''; and (2) by striking ``The Congress further declares that implementation'' and inserting ``Implementation''. (c) Implementation.--Section 4 of such Act (30 U.S.C. 1603) is amended-- (1) by striking ``For the purpose'' and all that follows through ``declares that the'' and inserting ``The''; and (2) by striking ``departments and agencies,'' and inserting ``departments and agencies to implement the policies set forth in section 3''. SEC. 202. REPEAL. Title II of Public Law 98-373 (30 U.S.C. 1801; 98 Stat. 1248), also known as the National Critical Materials Act of 1984, is repealed.

Energy Critical Elements Renewal Act of 2011 - Establishes in the Department of Energy (DOE) a research, development, and commercial application program to assure the long-term, secure, and sustainable supply of energy critical elements to satisfy the national security, economic well-being, and industrial production needs of the United States. Directs the Secretary of Energy to: (1) support new or significantly improved processes and technologies (as compared to those currently in use in the energy critical elements industry; (2) encourage multidisciplinary collaborations and opportunities for students at institutions of higher education; (3) collaborate with the relevant agencies of foreign countries with interests relating to energy critical elements; (4) establish a Research and Development Information Center to catalogue, disseminate, and archive information on energy critical elements; and (5) submit an implementation plan to Congress. Directs the President, acting through the Office of Science and Technology Policy, to coordinate the actions of federal agencies to: (1) promote an adequate and stable supply of energy critical elements, (2) identify energy critical elements and establish early warning systems for supply problems, (3) establish a mechanism for the coordination and evaluation of federal programs with energy critical element needs, and (4) encourage private enterprise in the development of an economically sound and stable domestic energy critical elements supply chain. Amends the Energy Policy Act of 2005 to authorize the Secretary to make loan guarantee commitments for the commercial application of new or significantly improved technologies for specified rare earth materials projects. Amends the National Materials and Minerals Policy, Research and Development Act of 1980 to: (1) instruct the Director of the Office of Science and Technology Policy to coordinate federal materials research and development through the National Science and Technology Council (instead of, as currently required, the Federal Coordinating Council for Science, Engineering, and Technology, which is now defunct), (2) modify the duties of the Secretary of Commerce regarding critical needs assessment, and (3) repeal specified duties of the Secretaries of Defense and of the Interior. Repeals the National Critical Materials Act of 1984.

To develop an energy critical elements program, to amend the National Materials and Minerals Policy, Research and Development Act of 1980, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Panama Canal and Pan-Pacific Exhibition Centennial Celebration Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Panama Canal, which cuts across the Isthmus of Panama, was built between 1890 and 1914. It was the world's greatest engineering feat of its time and required a labor force of almost 40,000. (2) President Theodore Roosevelt, recognizing the value of a canal, led the United States in buying the equipment and concession to build the canal for $40 million, and championed the effort that overcame malaria and immense logistical problems. The Canal opened on August 15, 1914--401 years after Spanish explorer Vasco Nunez de Balboa first crossed Panama. (3) Stretching 51 miles, the Panama Canal connected the Atlantic Ocean and the Pacific Ocean, saving sailors a dangerous 8,000-mile journey around Cape Horn and through the Straits of Magellan, and cutting in half the time previously required to sail between the oceans. (4) The 1915 Panama-Pacific International Exposition was a world's fair held in San Francisco, California. The Exposition ran from February 20 until December 4, 1915. (5) The Exposition commemorated the completion of the Panama Canal and the 400th anniversary of the discovery of the Pacific Ocean by Balboa. (6) Congress authorized the United States Mint to issue five different coins dated 1915 in connection with the Panama- Pacific International Exposition. The coins represent a high- water mark for American commemorative coins. Produced at the San Francisco Mint, these were the first United States commemorative coins to bear the motto ``In God We Trust'', and included the silver Panama-Pacific half dollar and four gold coins in denominations of one dollar, 2\1/2\ dollars, a 50- dollar round coin, and a unique 50-dollar octagonal coin. (7) The octagonal $50 gold piece was the largest coin authorized by Congress, and the first minted since 1852 in a shape other than round. (8) The United States should mark the centennial of this important event in San Francisco and the monumental achievement of the opening of the Panama Canal. (9) The proceeds from the surcharge on the sale of such commemorative coins will assist in supporting the educational programs of the San Francisco Museum and Historical Society. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins, notwithstanding section 5112(a) of title 31, United States Code: (1) $5 octagonal gold coins.--Not more than 75,000 $5 coins, which shall-- (A) be octagonal in shape; (B) weigh 8.359 grams; (C) have a distance between two opposing vertices of 0.850 inches; and (D) contain 90 percent gold and 10 percent alloy. (2) $5 round gold coins.--Not more than 75,000 $5 coins, which shall-- (A) be round in shape; (B) weigh 8.359 grams; (C) have a diameter of 0.850 inches; and (D) contain 90 percent gold and 10 percent alloy. (3) Two and one-half dollar gold coins.--Not more than 50,000 two and one-half dollar coins, which shall-- (A) weigh 4.18 grams; (B) have a diameter of 0.7087 inches; and (C) contain 90 percent gold and 10 percent copper. (4) $1 gold coins.--Not more than 50,000 $1 coins, which shall-- (A) weigh 1.67 grams; (B) have a diameter of 0.5906 inches; and (C) contain 90 percent gold and 10 percent copper. (5) Half dollar silver coins.--Not more than 250,000 half dollar coins, which shall-- (A) weigh 12.5 grams; (B) have a diameter of 1.2047 inches; and (C) contain .999 fine silver. (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 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act should be close likenesses of the five coins issued by the San Francisco Mint at the opening of the Pan-Pacific Exposition. (2) Specific design requirements.-- (A) $5 gold coins.--The $5 octagonal gold coins minted under this Act and the $5 round gold coins minted under this Act shall be a close likeness of the octagonal Panama-Pacific Exposition $50 gold coin and the round Panama-Pacific Exposition $50 gold coin, respectively. Such coins-- (i) shall have an obverse depicting the head of the goddess Minerva, with a Corinthian- style helmet, enclosed in a ring of beads; (ii) with a reverse-- (I) depicting an owl perched on a pine bough complete with four pine cones and multiple sprigs of pine needles surrounded by the same ring of beads depicted on the obverse; and (II) depicting, outside this ring, the inscriptions ``PANAMA-PACIFIC EXPOSITION'' and ``SAN FRANCISCO'' in a single line of text circling the entire rim, with the words separated by dots; and (iii) with respect to the octagonal coin, such coin shall also have an obverse and reverse that depicts, in the eight angles of the vertices, eight stylized dolphins that form an outer circle. (B) Two and one-half dollar gold coins.--The two and one-half dollar gold coins minted under this Act shall be a close likeness of the Panama-Pacific Exposition two and one-half dollar gold coin, and-- (i) the obverse shall bear the Greek goddess Columbia riding sidesaddle on the back of a Greek mythological hippocampus seahorse, with a caduceus in her left hand; and (ii) the reverse shall bear an eagle perched on a plaque that is inscribed ``E Pluribus Unum'' and ``United States of America''. (C) $1 gold coins.--The $1 gold coin minted under this Act shall be a close likeness of the Panama- Pacific Exposition $1 gold coin, and-- (i) the obverse shall bear the profile of a man wearing a cap which is intended to depict a laborer who worked on the construction of the Panama Canal; and (ii) the reverse shall bear the image of two dolphins symbolizing the meeting of the two oceans, with the inscriptions ``PANAMA PACIFIC EXPOSITION'' and ``SAN FRANCISCO''. (D) Half dollar silver coins.--The half dollar silver coins minted under this Act shall be designed-- (i) to be a close likeness of the 1915 Panama Pacific Exposition half dollar coin; (ii) with an obverse depicting Columbia scattering flowers from a cornucopia held by a small child towards a sunset on the Golden Gate (prior to the construction of the now famous bridge), which was designed by the Mint's then- Chief Engraver, Charles Barber; and (iii) with a reverse depicting an eagle resting on the union shield with an oak branch to its left, for stability and strength, and an olive branch to its right, for peace, credited to Barber's assistant George T. Morgan, designer of the Morgan dollar. (3) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year-- (i) depicted in Roman numerals (``MMXVII''), in the case of the $5 and half dollar coins; and (ii) ``2017'', in the case of the $1 coins and the two and one-half dollar gold coins; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. CIRCULATING COIN. (a) In General.--The Secretary may issue circulating clad half dollar coins, as described under section 5112 of title 31, United States Code, in the same design as described for the half dollar silver coins under section 4(a)(2)(D). (b) Limitation.--If the Secretary issues such circulating half dollar coins, the Secretary-- (1) may issue them in no more than 5 consecutive calendar years, beginning in calendar year 2017; and (2) shall ensure that, of the total number of half dollar coins issued in any such calendar year, not more than half of such coins are made up of the half dollar coins issued pursuant to this section. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act, other than coins described under section 5, only during the 1-year period beginning on January 1, 2017. SEC. 7. SALE OF COINS. (a) Sale Price.--The coins issued under this Act, other than coins described under section 5, shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 8(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act, other than coins described under section 5, at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act, other than coins described under section 5, before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 8. SURCHARGES. (a) In General.--All sales of coins issued under this Act, other than coins described under section 5, shall include a surcharge of-- (1) $35 per coin for the $5 coins; (2) $20 per coin for the two and one-half dollar coin; (3) $15 per coin for the $1 coin; and (4) $10 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act, other than coins described under section 5, shall be promptly paid by the Secretary to the San Francisco Museum and Historical Society for the design and construction of appropriate exhibitions in the San Francisco Museum and Historical Society, including the necessary adaptive reuse of the Old Mint, commemorating the Panama-Pacific International Exposition, as well as the development of appropriate exhibitions at the Palace of Fine Arts on the grounds of the former Panama-Pacific International Exposition. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of each of the organizations referred to in subsection (b) as may be related to the expenditures of amounts paid under such subsection. (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act, other than coins described under section 5, of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

Panama Canal and Pan-Pacific Exhibition Centennial Celebration Act - Directs the Secretary of the Treasury to mint and issue in commemoration of the centennial of the Panama-Pacific International Exposition and the Panama Canal: (1) $5 octagonal gold coins, (2) $5 round gold coins, (3) $2.50 gold coins, (4) $1 gold coins, and (5) half-dollar silver coins. Urges that the coin designs be close likenesses of the five coins issued by the San Francisco Mint at the opening of the Pan-Pacific Exposition. Prescribes design requirements. Authorizes the Secretary to issue circulating clad half dollar coins, in the same design as for the half dollar silver coins. Limits the issue to five consecutive calendar years. Restricts the issuance of certain coins to the one-year period beginning on January 1, 2017. Prescribes the sale price of the coins and coin surcharges. Requires such surcharges to be paid by the Secretary to the San Francisco Museum and Historical Society for the design and construction of appropriate exhibitions in the San Francisco Museum and Historical Society.

Panama Canal and Pan-Pacific Exhibition Centennial Celebration Act

SECTION 1. DRAWBACK. Section 313 of the Tariff Act of 1930 (19 U.S.C. 1313) is amended to read as follows: ``SEC. 313. DRAWBACK. ``(a) Drawback for Exported Merchandise.--If merchandise is imported into the United States and that merchandise or its substitute, whether self-contained or contained in drawback merchandise, or drawback merchandise or its substitute, whether self-contained or contained in other drawback merchandise or its substitute, is subsequently exported, drawback shall be granted if the following conditions are met: ``(1)(A) The exporter of the imported merchandise or its substitute imported the merchandise, or received the imported merchandise or its substitute directly or indirectly from the importer. ``(B) The exporter of the drawback merchandise or its substitute received drawback merchandise or its substitute, or produced drawback merchandise or its substitute directly or indirectly. ``(2) The exported merchandise or its substitute is classifiable within the same 8-digit HTS subheading as the imported merchandise. If the exported merchandise or its substitute is not classifiable within the same 8-digit HTS subheading as the imported merchandise, the claimant may show by records that-- ``(A) the exported merchandise or its substitute could be classifiable within the same 8-digit HTS subheading as the imported merchandise; or ``(B) the imported merchandise or its substitute, or drawback merchandise or its substitute, could be contained in, used in the production of, or in any other manner integrated with, the exported merchandise or its substitute. ``(b) Drawback Claimants.-- ``(1) In general.--A drawback claimant may be any party, if the following conditions are met: ``(A) If the claimant is not the importer, the claimant has obtained permission from the importer to receive drawback for the designated import. ``(B) If the claimant is not the exporter, the claimant has obtained permission from the exporter to obtain drawback for the designated export. ``(2) Joint and several liability.--Importers, up to the amount of duties, taxes, and fees on the designated import permitted by the importer for drawback by the claimant, and drawback claimants are jointly and severally liable for drawback claims. ``(c) Time Limitation for Filing.--No drawback shall be paid unless the drawback claim is filed within 5 years from the earliest date of importation of the merchandise that is designated on the claim. ``(d) Amount of Drawback.--The drawback amount paid to the claimant shall not exceed the amount of duties, taxes, and fees paid on the designated line item. The exclusive means for determining the amount of drawback to be paid to the claimant shall be as follows: ``(1) For drawback under paragraphs (1)(A) and (2)(A) of subsection (a), the lesser of-- ``(A) the amount of the duties, taxes, and fees per unit on the line item designated for drawback, based upon the entered value of that line item, multiplied by the number of units claimed; and ``(B) the amount of the duties, taxes, and fees per line item unit that would have been imposed on the exported merchandise or its substitute had such merchandise been imported, based upon the value of that exported merchandise or its substitute, multiplied by the number of units claimed. ``(2) For drawback under paragraph (1)(B) and (2)(B) of subsection (a), the amount of the duties, taxes, and fees per unit on the line item designated for drawback, based upon the entered value of that line item, multiplied by the number of units claimed. ``(e) Refunds, Waivers, or Reductions Under Certain Free Trade Agreements.-- ``(1) NAFTA.--For purposes of subsections (a) and (g), if merchandise that is exported to a NAFTA country is a good subject to NAFTA drawback, no customs duties on the merchandise may be refunded, waived, or reduced in an amount that exceeds the lesser of-- ``(A) the total amount of customs duties paid or owed on the merchandise on importation into the United States; or ``(B) the total amount of customs duties paid on the merchandise to the NAFTA country. ``(2) Canada.--If Canada ceases to be a NAFTA country and the suspension of the operation of the United States-Canada Free-Trade Agreement thereafter terminates, then for purposes of subsection (a), the shipment to Canada during the period such Agreement is in operation of merchandise made from or substituted for, as appropriate, drawback eligible merchandise under section 204(a) of the United States-Canada Free-Trade Implementation Act of 1988 (19 U.S.C. 2112 note) does not constitute an exportation. ``(3) Chile.--(A) For purposes of subsections (a) and (g), if merchandise that is exported to Chile is a good subject to Chile FTA drawback, no customs duties on the merchandise may be refunded, waived, or reduced, except as provided in subparagraph (B). ``(B) The customs duties referred to in subparagraph (A) may be refunded, waived, or reduced by-- ``(i) 100 percent during the 8-year period beginning on January 1, 2004; ``(ii) 75 percent during the 1-year period beginning on January 1, 2012; ``(iii) 50 percent during the 1-year period beginning on January 1, 2013; and ``(iv) 25 percent during the 1-year period beginning on January 1, 2014. ``(4) Fungible merchandise.--(A) The exportation to a NAFTA country of merchandise that is fungible with and substituted for imported merchandise, other than merchandise described in paragraphs (1) through (8) of section 203(a) of that Act, shall not constitute an exportation for purposes of subsection (a). ``(B) Beginning on January 1, 2015, the exportation to Chile of merchandise that is fungible with and substituted for imported merchandise, other than merchandise described in paragraphs (1) through (5) of section 203(a) of the United States-Chile Free Trade Agreement Implementation Act, shall not constitute an exportation for purposes of paragraph (2). The preceding sentence shall not be construed to permit the substitution of unused drawback under paragraph (2) of this subsection with respect to merchandise described in paragraph (2) of section 203(a) of the United States-Chile Free Trade Agreement Implementation Act. ``(5) Total amount of customs duties paid or owed.--As used in this subsection, the total amount of customs duties paid or owed on the merchandise on importation into the United States means the duties, taxes, and fees per unit paid on the import line item designated for drawback. ``(f) Merchandise for Use in Vessels.--The provisions of this section shall apply to merchandise imported and used in the construction and equipment of vessels built for foreign account and ownership, or for the government of any foreign country, notwithstanding that such vessels may not within the strict meaning of the term be exported. ``(g) Agricultural Merchandise.--No drawback shall be available with respect to agricultural merchandise subject to over-quota rate of duty established under a tariff-rate quota, except on a direct identification basis when such merchandise has not been used in the United States. ``(h) Puerto Rico.--Any drawback authorized under this section shall be paid from the customs receipts of Puerto Rico if the duties were originally paid into the Treasury of Puerto Rico. ``(i) Destruction of Merchandise.-- ``(1) In general.--The exportation requirement contained in subsection (a) may be satisfied by destroying merchandise, except that drawback merchandise is destroyed in lieu of exportation only if-- ``(A) the merchandise that was imported is the actual merchandise that is destroyed; and ``(B) the claimant directly identifies the actual merchandise that is destroyed in lieu of exportation. ``(2) Amount of drawback.--For claims filed pursuant to this subsection, the drawback paid to the claimant shall be the amount of the duties, taxes, and fees per line item unit on the imported merchandise designated for drawback, whether by direct identification or by accounting method, multiplied by the number of units claimed. ``(j) Limitation on Exportation Requirement.--Imported merchandise that has not been regularly entered or withdrawn for consumption does not satisfy the exportation requirement of this section. ``(k) Claiming Exportation or Destruction.--An exportation or destruction may be claimed on only one drawback claim, except that components or ingredients of exported or destroyed merchandise that were not claimed on one drawback claim covering a certain exportation or destruction may be claimed on another drawback claim covering that same exportation or destruction. ``(l) Regulations.--The Secretary of the Treasury is authorized to promulgate regulations to carry out this section. ``(m) Flavoring Extracts; Medicinal or Toilet Preparations; Bottled Distilled Spirits and Wines.-- ``(1) Flavoring extracts; medical or toilet preparations.-- Upon the exportation of flavoring extracts, medicinal or toilet preparations (including perfumery), manufactured or produced in the United States in part from domestic alcohol on which an internal revenue tax has been paid, there shall be allowed a drawback equal in amount to the tax found to have been paid on the alcohol so used. ``(2) Distilled spirits.--Upon the exportation of bottled distilled spirits and wines manufactured or produced in the United States on which an internal revenue tax has been paid or determined, there shall be allowed, under regulations to be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, a drawback equal in amount to the tax found to have been paid or determined on such bottled distilled spirits and wines. In the case of distilled spirits, the preceding sentence shall not apply unless-- ``(A) the claim for drawback is filed by the bottler or packager of the spirits; and ``(B) the spirits have been stamped or restamped, and marked, especially for export, under regulations prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury. ``(n) Definitions.--As used in this section: ``(1) Drawback.--The term `drawback' means a refund of 99 percent of applicable duties, taxes, and fees paid pursuant to Federal law upon importation of merchandise, and not refunded under any other law, in a case in which-- ``(A) the imported merchandise or its substitute, or drawback merchandise or its substitute, is exported; or ``(B) the imported merchandise is destroyed. ``(2) HTS.--The term `HTS' means the Harmonized Tariff Schedule of the United States. ``(3) NAFTA country; good subject to nafta drawback.--The terms `NAFTA country' and `good subject to NAFTA drawback' have the meanings given those terms in sections 2(4) and 203(a), respectively, of the North American Free Trade Agreement Implementation (19 U.S.C. 3301(4) and 3333(a)). ``(4) Good subject to chile fta drawback.--The term `good subject to Chile FTA drawback' has the meaning given that term in section 203(a) of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note). ``(5) Substitute.--Any merchandise may be substituted for any other merchandise when the two share the same 8-digit HTS subheading. When the two do not share the same 8-digit HTS subheading, they may be substituted for one another if a claimant can demonstrate that they were both classifiable within the same 8-digit HTS subheading during the period beginning on the date of importation of the merchandise designated for drawback to the date of the drawback claim. To establish such a nexus, the claimant shall submit records with its claim that demonstrate the link from one 8-digit HTS subheading to the other 8-digit HTS subheading. ``(6) Fungible.--Merchandise is fungible when it is commercially identical to other merchandise in all instances. ``(7) Line item.--The term `line item' means the line item on the entry summary or its equivalent and a reconfigured entry. ``(8) Contained in.--The term `contained in' means contained in, used in the production of, or in any other manner integrated with, other merchandise. ``(9) Drawback merchandise.--The term `drawback merchandise' means merchandise in which is contained imported merchandise or its substitute, or other drawback merchandise or its substitute. Drawback merchandise may be exported or destroyed with a claim for drawback, or it may be contained in other drawback merchandise or its substitute. ``(10) Directly identify.--The term `directly identify' means to identify of merchandise by a unique identifier such as a serial number or by the use of an approved inventory accounting method.''.

Amends the Tariff Act of 1930 to repeal drawback and refund of duty requirements relating to: (1) certain articles made from imported merchandise; (2) substitution for drawback purposes; (3) merchandise not conforming to sample or specifications; (4) imported salt for curing fish; (5) exportation of meats cured with imported salt; (6) materials for construction and equipment of vessels built for foreigners; (7) jet aircraft engines; (8) an unused merchandise drawback; (9) use of domestic merchandise acquired in exchange for imported merchandise of same kind and quality; (10) vessels built for account of resident of North Atlantic Free Trade Agreement (NAFTA) country; (11) substitution of finished petroleum derivatives; (12) packaging material; (13) designation of merchandise by successor; (14) drawback certificates; (15) eligibility of entered or withdrawn merchandise; (16) multiple drawback claims; (17) drawbacks for recovered material; and (18) articles shipped to the U.S. insular possessions. Revises and/or prescribes procedures regarding: (1) drawback for exported merchandise; (2) drawback claimants; (3) a time limitation for filing drawback claims; (4) the drawback amount; (5) refunds, waivers, or reductions under certain free trade agreements; (6) merchandise for use in certain vessels; (7) agricultural merchandise; (8) destruction of merchandise; (9) a limitation on exportation requirement; (10) claiming exportation or destruction; and (11) drawback regulations. Defines "drawback" to mean a refund of 99% of applicable duties, taxes, and fees paid pursuant to federal law upon importation of merchandise, and not refunded under any other law, in a case in which: (1) the imported merchandise or its substitute, or drawback merchandise or its substitute, is exported; or (2) the imported merchandise is destroyed.

To amend the Tariff Act of 1930 relating to drawback.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sole Community Hospital Preservation Act of 2005''. SEC. 2. PERMANENT HOLD HARMLESS FOR SOLE COMMUNITY HOSPITALS UNDER THE PROSPECTIVE PAYMENT SYSTEM FOR HOSPITAL OUTPATIENT DEPARTMENT SERVICES UNDER THE MEDICARE PROGRAM. Section 1833(t)(7)(D) of the Social Security Act (42 U.S.C. 1395l(t)(7)(D)) is amended by adding at the end the following new clause: ``(iii) Permanent hold harmless for sole community hospitals.--In the case of a sole community hospital (as defined in section 1886(d)(5)(D)(iii)), for covered OPD services furnished after December 31, 2005, for which the PPS amount is less than the pre-BBA amount, the amount of payment under this subsection shall be increased by the amount of such difference.''. SEC. 3. ESTABLISHMENT OF MINIMUM BASE PAYMENT-TO-COST RATIO FOR DETERMINATION OF PRE-BBA AMOUNT FOR SOLE COMMUNITY HOSPITALS. (a) Minimum Base Payment-to-Cost Ratio.--Section 1833(t)(7)(F)(ii) of the Social Security Act (42 U.S.C. 1395l(t)(7)(F)(ii)) is amended by adding at the end the following new sentence: ``Notwithstanding the previous sentence, in determining the pre-BBA amount for covered OPD services furnished by a sole community hospital (as defined in section 1886(d)(5)(D)(iii)), the Secretary shall substitute a minimum base payment-to-cost ratio if such substitution results in a greater amount of payment for such services under this subsection furnished by the sole community hospital. For purposes of the preceding sentence, a minimum base payment-to-cost ratio is equal to the 75th percentile of the payment-to-cost ratios for fiscal year 1996 of all hospitals with a designation as a sole community hospital in effect during fiscal year 2004 (as determined by the Secretary).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to covered OPD services furnished on or after January 1, 2006. SEC. 4. REBASING FOR SOLE COMMUNITY HOSPITALS. (a) Rebasing Permitted.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended by adding at the end the following new subparagraph: ``(K)(i) For cost reporting periods beginning on or after October 1, 2005, in the case of a sole community hospital there shall be substituted for the amount otherwise determined under subsection (d)(5)(D)(i) of this section, if such substitution results in a greater amount of payment under this section for the hospital-- ``(I) with respect to discharges occurring in fiscal year 2006, 75 percent of the subsection (d)(5)(D)(i) amount (as described in subparagraph (I)(i)(I)) and 25 percent of the subparagraph (K) rebased target amount (as defined in clause (ii)); ``(II) with respect to discharges occurring in fiscal year 2007, 50 percent of the subsection (d)(5)(D)(i) amount and 50 percent of the subparagraph (K) rebased target amount; ``(III) with respect to discharges occurring in fiscal year 2008, 25 percent of the subsection (d)(5)(D)(i) amount and 75 percent of the subparagraph (K) rebased target amount; and ``(IV) with respect to discharges occurring after fiscal year 2008, 100 percent of the subparagraph (K) rebased target amount. ``(ii) For purposes of this subparagraph, the `subparagraph (K) rebased target amount' has the meaning given the term `target amount' in subparagraph (C), except that-- ``(I) there shall be substituted for the base cost reporting period the 12-month cost reporting period beginning during fiscal year 2000 or 2001, whichever results in the greater amount of payment under this section for the hospital; ``(II) any reference in subparagraph (C)(i) to the `first cost reporting period' described in such subparagraph is deemed a reference to the first cost reporting period beginning on or after October 1, 2005; and ``(III) the applicable percentage increase shall only be applied under subparagraph (C)(iv) for discharges occurring in fiscal years beginning with fiscal year 2007.''. (b) Conforming Amendments.--Section 1886(b)(3) of such Act (42 U.S.C. 1395ww(b)(3)) is amended-- (1) in subparagraph (C), by inserting ``and subparagraph (K)'' after ``subject to subparagraph (I)'' in the matter preceding clause (i); and (2) in subparagraph (I)(i)-- (A) by striking ``For'' in the matter preceding subclause (I) and inserting ``Subject to subparagraph (K), for''; and (B) in subclause (I), by inserting ``and subparagraph (K)'' after ``referred to in this clause''.

Sole Community Hospital Preservation Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act with respect to the prospective payment system (PPS) for hospital outpatient department (OPD) services, particularly the transitional adjustment for sole community hospitals to limit any decline in payment. Holds sole community hospitals permanently harmless from any decline in payment. Increases the payment for covered OPD services in a sole community hospital by the amount of any difference between the pre-Balanced Budget Act of 1997 (pre-BBA) amount and a lesser PPS amount. Directs the Secretary of Health and Human Services to substitute a specified minimum base payment-to-cost ratio for determining the pre-BBA amount for sole community hospitals. Specifies the rebasing of the payment -to-cost ratio for sole community hospitals for cost reporting periods beginning on or after October 1, 2005.

To amend title XVIII of the Social Security Act to extend and improve protections for sole community hospitals under the Medicare Program.

SECTION 1. TRIBAL REQUESTS FOR A MAJOR DISASTER OR EMERGENCY DECLARATION UNDER THE STAFFORD ACT. (a) Major Disaster Requests.--Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) is amended-- (1) by striking ``All requests for a declaration'' and inserting ``(a) In General.--All requests for a declaration''; and (2) by adding at the end the following: ``(b) Indian Tribal Government Requests.-- ``(1) In general.--The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a). ``(2) References.--In implementing assistance authorized by the President under this title in response to the request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, references to State and Governor in this title and in section 319 of this Act shall mean Indian tribal government and the Chief Executive of an affected Indian tribal government, respectively. ``(3) Savings provision.--Nothing in this subsection shall prohibit an Indian tribal government from receiving assistance under this title through a declaration made by the President at the request of a State under subsection (a) if the President does not make a declaration under this subsection for the same incident. ``(c) Cost Share Adjustments for Indian Tribal Governments.-- Notwithstanding any other provision of this title, any non-Federal contributions required under this title to be paid by an Indian tribal government may be adjusted or waived in accordance with criteria established by the President.''. (b) Emergency Requests.--Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) is amended by adding at the end the following: ``(c) Indian Tribal Government Requests.-- ``(1) In general.--The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that an emergency exists consistent with the requirements of subsection (a). ``(2) References.--In implementing assistance authorized by the President under this title in response to the request of the Chief Executive of an affected Indian tribal government for an emergency declaration, references to State and Governor in this title and in section 319 of this Act shall mean Indian tribal government and the Chief Executive of an affected Indian tribal government, respectively. ``(3) Savings provision.--Nothing in this subsection shall prohibit an Indian tribal government from receiving assistance under this title through a declaration made by the President at the request of a State under subsection (a) if the President does not make a declaration under this subsection for the same incident. ``(d) Cost Share Adjustments for Indian Tribal Governments.-- Notwithstanding any other provision of this title, any non-Federal contributions required under this title to be paid by an Indian tribal government may be adjusted or waived in accordance with criteria established by the President.''. (c) Definitions.--Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended-- (1) in paragraph (7)(B) by striking ``; and'' and inserting ``, that is not an Indian tribal government as defined in paragraph (6); and''; (2) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively; (3) by inserting after paragraph (5) the following: ``(6) Indian tribal government.--The term `Indian tribal government' means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).''; and (4) by adding at the end the following: ``(12) Chief executive.--The term `Chief Executive' means the person who is recognized by the Secretary of the Interior as the chief elected administrative officer of an Indian tribal government.''. (d) Regulations.--In promulgating such regulations as the President determines are necessary and appropriate to carry out the provisions of this section, including cost share adjustments, the President shall consider unique conditions that affect the general welfare of the affected federally recognized Indian tribe. (e) References.--Title I of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by adding after section 102 the following: ``SEC. 103. REFERENCES. ``Except as otherwise specified, any reference to `State and local', `State or local', or `State, local' governments or officials in this Act, and all references to `local government' in section 417, shall be deemed to refer also to Indian tribal governments and officials, as appropriate.''.

Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the Chief Executive of an affected Indian tribal government (the person recognized by the Secretary of the Interior as the chief elected administrative officer of that government) to submit a request for a declaration by the President that, consistent with requirements of that Act, a major disaster or an emergency exists. Provides that: (1) in implementing assistance authorized by the President in response to such requests, references to "state" and "governor" shall mean "Indian tribal government" (the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994) and the Chief Executive of an affected Indian tribal government; and (2) nothing in this Act shall prohibit a tribal government from receiving such assistance through a presidential declaration at the request of a state if the President does not make a declaration under this Act for the same incident. Allows any non-federal contribution required to be paid by an Indian tribal government under such Act to be adjusted or waived in accordance with criteria established by the President. Directs the President, in promulgating regulations to carry out this Act, to consider unique conditions that affect the general welfare of the affected federally recognized Indian tribe.

A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include procedures for requests from Indian tribes for a major disaster or emergency declaration, and for other purposes.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Puerto Rico Economic Activity Credit Improvement Act of 1997''. (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. MODIFICATIONS OF PUERTO RICO ECONOMIC ACTIVITY CREDIT. (a) Corporations Eligible To Claim Credit.--Section 30A(a)(2) (defining qualified domestic corporation) is amended to read as follows: ``(2) Qualified domestic corporation.--For purposes of paragraph (1)-- ``(A) In general.--A domestic corporation shall be treated as a qualified domestic corporation for a taxable year if it is actively conducting within Puerto Rico during the taxable year-- ``(i) a line of business with respect to which the domestic corporation is an existing credit claimant under section 936(j)(9), or ``(ii) an eligible line of business not described in clause (i). ``(B) Limitation to lines of business.--A domestic corporation shall be treated as a qualified domestic corporation under subparagraph (A) only with respect to the lines of business described in subparagraph (A) which it is actively conducting in Puerto Rico during the taxable year. ``(C) Exception for corporations electing reduced credit.--A domestic corporation shall not be treated as a qualified corporation if such corporation (or any predecessor) had an election in effect under section 936(a)(4)(B)(iii) for any taxable year beginning after December 31, 1996.'' (b) Application on Separate Line of Business Basis; Eligible Line of Business.--Section 30A is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Application on Line of Business Basis; Eligible Lines of Business.--For purposes of this section-- ``(1) Application to separate line of business.-- ``(A) In general.--In determining the amount of the credit under subsection (a), this section shall be applied separately with respect to each substantial line of business of the qualified domestic corporation. ``(B) Exceptions for existing credit claimant.-- This paragraph shall not apply to a substantial line of business with respect to which the qualified domestic corporation is an existing credit claimant under section 936(j)(9). ``(C) Allocation.--The Secretary shall prescribe rules necessary to carry out the purposes of this paragraph, including rules-- ``(i) for the allocation of items of income, gain, deduction, and loss for purposes of determining taxable income under subsection (a), and ``(ii) for the allocation of wages, fringe benefit expenses, and depreciation allowances for purposes of applying the limitations under subsection (d). ``(2) Eligible line of business.--The term `eligible line of business' means a substantial line of business in any of the following trades or businesses: ``(A) Manufacturing. ``(B) Agriculture. ``(C) Forestry. ``(D) Fishing. ``(3) Substantial line of business.--For purposes of this subsection, the determination of whether a line of business is a substantial line of business shall be determined by reference to 2-digit codes under the North American Industry Classification System (62 Fed. Reg. 17288 et seq., formerly known as `SIC codes').'' (c) Repeal of Base Period Cap.-- (1) In general.--Section 30A(a)(1) (relating to allowance of credit) is amended by striking the last sentence. (2) Conforming amendment.--Section 30A(e)(1) is amended by inserting ``but not including subsection (j)(3)(A)(ii) thereof'' after ``thereunder''. (d) Application of Credit.--Section 30A(h) (relating to applicability of section), as redesignated by subsection (b), is amended to read as follows: ``(h) Application of Section.-- ``(1) In general.--This section shall apply to taxable years beginning after December 31, 1995, and before the termination date. ``(2) Termination date.--For purposes of paragraph (1)-- ``(A) In general.--The termination date is the first day of the 4th calendar year following the close of the first period for which a certification is issued by the Secretary under subparagraph (B). ``(B) Certification.-- ``(i) In general.--The Secretary shall issue a certification under this subparagraph for the first 3-consecutive calendar year period beginning after December 31, 1997, for which the Secretary determines that Puerto Rico has met the requirements of clause (ii) for each calendar year within the period. ``(ii) Requirements.--The requirements of this clause are met with respect to Puerto Rico for any calendar year if-- ``(I) the average monthly rate of unemployment in Puerto Rico does not exceed 150 percent of the average monthly rate of unemployment for the United States for such year, ``(II) the per capita income of Puerto Rico is at least 66 percent of the per capita income of the United States, and ``(III) the poverty level within Puerto Rico does not exceed 30 percent.'' (e) Conforming Amendments.-- (1) Section 30A(b) is amended by striking ``within a possession'' each place it appears and inserting ``within Puerto Rico''. (2) Section 30A(d) is amended by striking ``possession'' each place it appears. (3) Section 30A(f) is amended to read as follows: ``(f) Definitions.--For purposes of this section-- ``(1) Qualified income taxes.--The qualified income taxes for any taxable year allocable to nonsheltered income shall be determined in the same manner as under section 936(i)(3). ``(2) Qualified wages.--The qualified wages for any taxable year shall be determined in the same manner as under section 936(i)(1). ``(3) Other terms.--Any term used in this section which is also used in section 936 shall have the same meaning given such term by section 936.'' (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 3. COMPARABLE TREATMENT FOR OTHER ECONOMIC ACTIVITY CREDIT. (a) Corporations Eligible To Claim Credit.--Section 936(j)(2)(A) (relating to economic activity credit) is amended to read as follows: ``(A) Economic activity credit.-- ``(i) In general.--In the case of a domestic corporation which, during the taxable year, is actively conducting within a possession other than Puerto Rico-- ``(I) a line of business with respect to which the domestic corporation is an existing credit claimant under paragraph (9), or ``(II) an eligible line of business not described in subclause (I), the credit determined under subsection (a)(1)(A) shall be allowed for taxable years beginning after December 31, 1995, and before January 1, 2002. ``(ii) Limitation to lines of business.-- Clause (i) shall only apply with respect to the lines of business described in clause (i) which the domestic corporation is actively conducting in a possession other than Puerto Rico during the taxable year. ``(iii) Exception for corporations electing reduced credit.--Clause (i) shall not apply to a domestic corporation if such corporation (or any predecessor) had an election in effect under subsection (a)(4)(B)(iii) for any taxable year beginning after December 31, 1996.'' (b) Application on Separate Line of Business Basis; Eligible Line of Business.-- (1) In general.--Section 936(j) is amended by adding at the end the following new paragraph: ``(11) Application on line of business basis; eligible lines of business.--For purposes of this section-- ``(A) Application to separate line of business.-- ``(i) In general.--In determining the amount of the credit under subsection (a)(1)(A) for a corporation to which paragraph (2)(A) applies, this section shall be applied separately with respect to each substantial line of business of the corporation. ``(ii) Exceptions for existing credit claimant.--This paragraph shall not apply to a line of business with respect to which the qualified domestic corporation is an existing credit claimant under paragraph (9). ``(iii) Allocation.--The Secretary shall prescribe rules necessary to carry out the purposes of this subparagraph, including rules-- ``(I) for the allocation of items of income, gain, deduction, and loss for purposes of determining taxable income under subsection (a)(1)(A), and ``(II) for the allocation of wages, fringe benefit expenses, and depreciation allowances for purposes of applying the limitations under subsection (a)(4)(A). ``(B) Eligible line of business.--For purposes of this subsection, the term `eligible line of business' means a substantial line of business in any of the following trades or businesses: ``(i) Manufacturing. ``(ii) Agriculture. ``(iii) Forestry. ``(iv) Fishing.'' (2) New lines of business.--Section 936(j)(9)(B) is amended to read as follows: ``(B) New lines of business.--A corporation shall not be treated as an existing credit claimant with respect to any substantial new line of business which is added after October 13, 1995, unless such addition is pursuant to an acquisition described in subparagraph (A)(ii).'' (3) Separate lines of business.--Section 936(j), as amended by paragraph (1), is amended by adding at the end the following new paragraph: ``(12) Substantial line of business.--For purposes of this subsection (other than paragraph (9)(B) thereof), the determination of whether a line of business is a substantial line of business shall be determined by reference to 2-digit codes under the North American Industry Classification System (62 Fed. Reg. 17288 et seq., formerly known as `SIC codes').'' (c) Repeal of Base Period Cap for Economic Activity Credit.-- (1) In general.--Section 936(j)(3) is amended to read as follows: ``(3) Additional restricted reduced credit.-- ``(A) In general.--In the case of an existing credit claimant to which paragraph (2)(B) applies, the credit determined under subsection (a)(1)(A) shall be allowed for any taxable year beginning after December 31, 1997, and before January 1, 2006, except that the aggregate amount of taxable income taken into account under subsection (a)(1)(A) for such taxable year shall not exceed the adjusted base period income of such claimant. ``(B) Coordination with subsection (a)(4)(B).--The amount of income described in subsection (a)(1)(A) which is taken into account in applying subsection (a)(4)(B) shall be such income as reduced under this paragraph.'' (2) Conforming amendment.--Section 936(j)(2)(A), as amended by subsection (a), is amended by striking ``2002'' and inserting ``2006''. (d) Application of Credit.-- (1) In general.--Section 936(j)(2)(A), as amended by this section, is amended by striking ``January 1, 2006'' and inserting ``the termination date''. (2) Special rules for applicable possessions.--Section 936(j)(8)(A) is amended to read as follows: ``(A) In general.--In the case of an applicable possession-- ``(i) this section (other than the preceding paragraphs of this subsection) shall not apply for taxable years beginning after December 31, 1995, and before January 1, 2006, with respect to any substantial line of business actively conducted in such possession by a domestic corporation which is an existing credit claimant with respect to such line of business, and ``(ii) this section (including this subsection) shall apply-- ``(I) with respect to any substantial line of business not described in clause (i) for taxable years beginning after December 31, 1997, and before the termination date, and ``(II) with respect to any substantial line of business described in clause (i) for taxable years beginning after December 31, 2006, and before the termination date.'' (3) Termination date.--Section 936(j), as amended by subsection (b), is amended by adding at the end the following new paragraph. ``(13) Termination date.--For purposes of this subsection-- ``(A) In general.--The termination date for any possession other than Puerto Rico is the first day of the 4th calendar year following the close of the first period for which a certification is issued by the Secretary under subparagraph (B). ``(B) Certification.-- ``(i) In general.--The Secretary shall issue a certification for a possession under this subparagraph for the first 3-consecutive calendar year period beginning after December 31, 1997, for which the Secretary determines that the possession has met the requirements of clause (ii) for each calendar year within the period. ``(ii) Requirements.--The requirements of this clause are met with respect to a possession for any calendar year if-- ``(I) the average monthly rate of unemployment in the possession does not exceed 150 percent of the average monthly rate of unemployment for the United States for such year, ``(II) the per capita income of the possession is at least 66 percent of the per capita income of the United States, and ``(III) the poverty level within the possession does not exceed 30 percent.'' (e) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997. (2) New lines of business.--The amendment made by subsection (b)(2) shall apply to taxable years beginning after December 31, 1995.

Puerto Rico Economic Activity Credit Improvement Act of 1997 - Amends the Internal Revenue Code to modify the requirements for corporations to be eligible for the Puerto Rico economic activity credit. Requires that, in determining the credit amount, the credit provisions be applied separately to each substantial line of business of the corporation. Removes provisions limiting, in taxable years beginning after 2001, the aggregate taxable income taken into account in determining the amount of the credit. Terminates the credit four years after Puerto Rico has, for three consecutive years, unemployment under and per capita income over specified percentages of the U.S. rates. (Sec. 3) Amends provisions relating to the Puerto Rico and other possession tax credit to modify, with respect to possessions other than Puerto Rico, corporate eligibility requirements. Requires that, in determining the credit amount, the credit provisions be applied separately to each substantial line of business of the corporation. Modifies additional restricted credit requirements. Sets forth the circumstances in which the credit is available with regard to Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Terminates the credit, for any possession other than Puerto Rico, four years after the possession has, for three consecutive years, unemployment under and per capita income over specified percentages of the U.S. rates and poverty under a specified level.

Puerto Rico Economic Activity Credit Improvement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Fire Administration, AFG, and SAFER Program Reauthorization Act of 2017''. SEC. 2. REAUTHORIZATION OF THE UNITED STATES FIRE ADMINISTRATION. Section 17(g)(1)(M) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216 (g)(1)(M)) is amended-- (1) by striking ``fiscal year 2017'' and inserting ``for each of fiscal years 2017 through 2023''; and (2) by inserting ``for each such fiscal year'' after ``$2,753,672''. SEC. 3. REAUTHORIZATION OF ASSISTANCE TO FIREFIGHTERS GRANTS PROGRAM AND THE FIRE PREVENTION AND SAFETY GRANTS PROGRAM. (a) Sunset.--Section 33(r) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(r)) is amended by striking ``the date that is 5 years after the date of the enactment of the Fire Grants Reauthorization Act of 2012'' and inserting ``September 30, 2024''. (b) Authorization of Appropriations.--Section 33(q)(1)(B) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(q)(1)(B)) is amended, in the matter preceding clause (i), by striking ``2017'' and inserting ``2023''. (c) Authorization for Certain Training Under Assistance to Firefighters Grants Program.--Section 33(c)(3) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(c)(3)) is amended by adding at the end the following: ``(N) To provide specialized training to firefighters, paramedics, emergency medical service workers, and other first responders to recognize individuals who have mental illness and how to properly intervene with individuals with mental illness, including strategies for verbal de-escalation of crisis.''. SEC. 4. REAUTHORIZATION OF STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANT PROGRAM. (a) Sunset.--Section 34(k) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a(k)) is amended by striking ``the date that is 5 years after the date of the enactment of the Fire Grants Reauthorization Act of 2012'' and inserting ``September 30, 2024''. (b) Authorization of Appropriations.--Section 34(j)(1)(I) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a(j)(1)(I)) is amended, in the matter preceding clause (i), by striking ``2017'' and inserting ``2023''. (c) Modification of Application Requirements.--Section 34(b)(3)(B) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a(b)(3)(B)) is amended by striking ``of subsection (a)(1)(B)(ii) and (F)'' and inserting ``of subsection (a)(1)(F)''. (d) Modification of Limitation.--Section 34(c)(2) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a(c)(2)) is amended by striking ``prior to the date of enactment of this section'' and inserting ``prior to the date of the application for the grant''. (e) Modification of Waiver Authority.--Section 34(d)(1)(B) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a(d)(1)(B)) is amended by striking ``subsection (a)(1)(E) or subsection (c)(2)'' and inserting ``subsection (a)(1)(E), (c)(2), or (c)(4)''. (f) Expansion of Staffing For Adequate Fire and Emergency Response Grant Program; Repeal of Authority for Certain Use of Grant Amounts Transferred to Assistance to Firefighters Grants Program.--Section 34(a)(1)(B) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a(a)(1)(B)) is amended-- (1) by inserting ``or to change the status of part-time or paid-on-call (as defined in section 33(a)) firefighters to full- time firefighters'' after ``firefighters''; and (2) by striking ``and to provide'' and all that follows through ``of crises''. SEC. 5. TRAINING ON ADMINISTRATION OF FIRE GRANT PROGRAMS. (a) In General.--The Administrator of the Federal Emergency Management Agency, acting through the Administrator of the United States Fire Administration, may develop and make widely available an electronic, online training course for members of the fire and emergency response community on matters relating to the administration of grants under sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a). (b) Requirements.--The Administrator of the Federal Emergency Management Agency shall ensure that any training developed and made available under subsection (a) is-- (1) tailored to the financial and time constraints of members of the fire and emergency response community; and (2) accessible to all individuals in the career, combination, paid-on-call, and volunteer fire and emergency response community. SEC. 6. FRAMEWORK FOR OVERSIGHT AND MONITORING OF THE ASSISTANCE TO FIREFIGHTERS GRANTS PROGRAM, THE FIRE PREVENTION AND SAFETY GRANTS PROGRAM, AND THE STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANT PROGRAM. (a) Framework.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency, acting through the Administrator of the United States Fire Administration, shall develop and implement a grant monitoring and oversight framework to mitigate and minimize risks of fraud, waste, abuse, and mismanagement relating to the grants programs under sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a). (b) Elements.--The framework required under subsection (a) shall include the following: (1) Developing standardized guidance and training for all participants in the grant programs described in subsection (a). (2) Conducting regular risk assessments. (3) Conducting desk reviews and site visits. (4) Enforcement actions to recoup potential questionable costs of grant recipients. (5) Such other oversight and monitoring tools as the Administrator of the Federal Emergency Management Agency considers necessary to mitigate and minimize fraud, waste, abuse, and mismanagement relating to the grant programs described in subsection (a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

. The expanded summary of the House passed version is repeated here.) United States Fire Administration, AFG, and SAFER Program Reauthorization Act of 2017 This bill amends the the Federal Fire Prevention and Control Act of 1974 to: (1) reauthorize through FY2024 the Assistance to Firefighters Grants (AFG) Program, the Fire Prevention and Safety Grants (FPSG) Program, and the Staffing for Adequate Fire and Emergency Response Grant (SAFER) Program, and reauthorizes provisions regarding firefighting technology evaluation and standards development; and (2) authorize the use of AFG Program grants, instead of SAFER Program grants, to provide specialized training to first responders on how to recognize and properly intervene with individuals with mental illness. The SAFER Program is revised to permit the use of grants to change the status of part-time or paid-on-call firefighters to full-time firefighters. The United States Fire Administration (USFA) may develop and make widely available an electronic, online training course for members of the fire and emergency response community on matters related to the administration of AFG, FPSG, and SAFER grants. The Federal Emergency Management Agency (FEMA) shall ensure that any such training is: (1) tailored to the financial and time constraints of members of the fire and emergency response community; and (2) accessible to all individuals in the career, combination, paid-on-call, and volunteer fire and emergency response community. The USFA shall develop and implement a grant monitoring and oversight framework to mitigate and minimize risks of fraud, waste, abuse, and mismanagement relating to such grants programs.

United States Fire Administration, AFG, and SAFER Program Reauthorization Act of 2017

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Secure and Verifiable Electronic Voting Act of 2004'' or the ``SAVE Voting Act of 2004''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Promoting accuracy, integrity, and security through voter- verified permanent record or hard copy. Sec. 3. Extension of time provided for States to request payments under title I. Sec. 4. Change in deadline for compliance with standards. Sec. 5. Requirement for Federal certification of technological security of voter registration lists. Sec. 6. Requirement for mandatory recounts. Sec. 7. Security standards for manufacturers of federally certified voting systems. Sec. 8. Repeal of exemption of Election Assistance Commission from certain Government contracting requirements. Sec. 9. Effective date. SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER- VERIFIED PERMANENT RECORD OR HARD COPY. (a) In General.--Section 301(a)(2) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)(2)) is amended to read as follows: ``(2) Voter-verification and manual audit capacity.-- ``(A) Voter-verification.--The voting system shall produce a voter-verified paper record suitable for a manual audit equivalent or superior to that of a paper ballot voting system and that meets the requirements of subparagraph (B). ``(B) Manual audit capacity.-- ``(i) The voting system shall produce a permanent paper record, each individual paper record of which shall be made available for inspection and verification by the voter at the time the vote is cast, and preserved within the polling place in the manner in which all other paper ballots are preserved within the polling place on Election Day for later use in any manual audit. ``(ii) The voting system shall provide the voter with an opportunity to correct any error made by the system before the permanent record is preserved for use in any manual audit. ``(iii) The voter-verified paper record produced under subparagraph (A) and this subparagraph shall be available as an official record and shall be the official record used for any recount conducted with respect to any election in which the system is used. ``(iv) The voter-verified paper record produced under subparagraph (A) and this subparagraph may not be produced on thermal paper. ``(C) Software and modems.-- ``(i) No voting system shall at any time contain or use undisclosed software. Any voting system containing or using software shall disclose the source code of that software to the Commission, and the Commission shall make that source code available for inspection upon request to any citizen. ``(ii) No voting system shall contain any wireless communication device at all. ``(iii) All software and hardware used in any electronic voting system shall be certified by laboratories accredited by the Commission as meeting the requirements of clauses (i) and (ii).''. (b) Voter Verification of Results for Individuals With Disabilities.--Section 301(a)(3) of such Act (42 U.S.C. 15481(a)(3)) is amended-- (1) in the heading, by inserting ``and voter-verification of results'' after ``accessibility''; (2) in subparagraph (B), by inserting before ``; and'' the following: ``, and such voting system shall provide a mechanism for voter-verification of results and manual audit capacity in a manner analogous to the manner required under subparagraphs (A) and (B) of paragraph (2), but that does not require the use of paper''; and (3) by amending subparagraph (C) to read as follows: ``(C) meet the voting system standards for disability access and voter-verification of results as outlined in this paragraph in accordance with the deadline described in subsection (d), except that, if it does not and a paper ballot voting system is used on an interim basis in accordance with section 102(a)(3)(B), any individual who requires assistance to vote by reason of blindness, disability, or inability to read or write shall have the option of using such voting system with the assistance of a person chosen by that individual in accordance with section 208 of the Voting Rights Act of 1965 or using the voting system otherwise put in place for use by voters at the time in question in accordance with this Act, as in effect prior to the enactment of the Secure and Verifiable Electronic Voting Act of 2004, except that `2006' shall be substituted for `2007' in section 301(a)(3)(C).''. (c) Notification of Right to Assistance of an Aide.--Section 302(b)(2) of the Help America Vote Act of 2002 (42 U.S.C. 15482(b)(2)) is amended-- (1) in subparagraph (E), by striking ``and'' after the semicolon at the end; (2) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(G) information on the right of any individual who requires assistance to vote by reason of blindness, disability, or inability to read or write to be given assistance by a person chosen by that individual under section 208 of the Voting Rights Act of 1965.''. (d) Voter-Verification and Audit Capacity Funding.--Title II of the Help America Vote Act of 2002 is amended by adding at the end the following new part: ``PART 7--VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING ``SEC. 271. VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING. ``(a) Payments to States.--Subject to subsection (b), not later than the date that is 30 days after the date of the enactment of the Secure and Verifiable Electronic Voting Act of 2004, the Election Assistance Commission shall pay to each State an amount to assist the State in paying for the implementation of the voter-verification and audit capacity requirements of paragraphs (2) and (3) of section 301(a), as amended by subsections (a) and (b) of section 2 of the Secure and Verifiable Electronic Voting Act of 2004. ``(b) Limitation.--The amount paid to a State under subsection (a) for each voting system purchased by a State may not exceed the average cost of adding a printer to each type of voting system that the State could have purchased to meet the requirements described in such subsection. ``SEC. 272. APPROPRIATION. ``Such sums are appropriated to the Election Assistance Commission, without fiscal year limitation, as may be necessary to make payments to States in accordance with section 271(a).''. (e) Specific, Delineated Requirement of Study, Testing, and Development of Best Practices.--In addition to any other requirements under the Help America Vote Act of 2002, the Election Assistance Commission shall study, test, and develop best practices to enhance accessibility and voter-verification mechanisms for disabled voters. SEC. 3. EXTENSION OF TIME PROVIDED FOR STATES TO REQUEST PAYMENTS UNDER TITLE I. (a) Payments for Activities to Improve Administration of Elections.--Section 101(a) of the Help America Vote Act of 2002 (42 U.S.C. 15301(a)) is amended by striking ``not later than 6 months after the date of the enactment of this Act'' and inserting ``not later than the Tuesday next after the first Monday in November 2004''. (b) Payments for Replacement of Punch Card or Lever Voting Machines.--Section 102(b)(1) of the Help America Vote Act of 2002 (42 U.S.C. 15301(b)(1)) is amended by striking ``not later than the date that is 6 months after the date of the enactment of this Act'' and inserting ``not later than the Tuesday next after the first Monday in November 2004''. (c) Extension of Period of Authorization of Appropriations.-- (1) In general.--Section 104(a) of the Help America Vote Act of 2002 (42 U.S.C. 15304(a)) is amended by striking ``$650,000,000'' and inserting ``an aggregate amount of $650,000,000 for fiscal years 2003 through 2005''. (2) Date for transfer to election assistance commission of unobligated funds.--Section 104(c)(2)(B) of the Help America Vote Act of 2002 (42 U.S.C. 15304(c)(2)(B)) is amended by striking ``September 1, 2003'' and inserting ``January 1, 2005''. (d) Requirement To Deploy Interim Measure If Waiver Requested.-- Section 102(a)(3)(B) of the Help America Vote Act of 2002 (42 U.S.C. 15301(a)(3)(B)) is amended by striking the period at the end and inserting the following: ``, except that any State requesting any such waiver shall accept and implement a paper ballot voting system for use on an interim basis as provided in section 4(b) of the Secure and Verifiable Electronic Voting Act of 2004 in time for use in the regularly scheduled general election for Federal office held in November 2004.''. SEC. 4. CHANGE IN DEADLINE FOR COMPLIANCE WITH STANDARDS. (a) In General.--Section 301(d) of the Help America Vote Act of 2002 (42 U.S.C. 15481(d)) is amended by striking ``on and after January 1, 2006'' and inserting ``in time for elections for Federal office beginning with the regularly scheduled general election to be held in November 2004''. (b) Interim Paper Ballot Voting System.--Section 301 of the Help America Vote Act of 2002 (42 U.S.C. 15481(d)) is amended by adding at the end the following new subsection: ``(e) Interim Paper Ballot Voting System.--Each State and jurisdiction that certifies by July 1, 2004, in a manner similar to the manner described in section 102(a)(3)(B) that it is unable to comply with the requirements of section 301, as amended by the Secure and Verifiable Electronic Voting Act of 2004, in time for the regularly scheduled general election for Federal office to be held in November 2004 shall use a paper ballot voting system, based on paper ballot voting systems in use in the jurisdiction, if any, that shall be deemed compliant with section 301 by the Commission for use in the November 2004 general elections. The Commission shall reimburse the State or jurisdiction for any costs incurred in using such a system.''. SEC. 5. REQUIREMENT FOR FEDERAL CERTIFICATION OF TECHNOLOGICAL SECURITY OF VOTER REGISTRATION LISTS. Section 303(a)(3) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)(3)) is amended by striking ``measures to prevent the'' and inserting ``measures, as certified by the Election Assistance Commission, to prevent''. SEC. 6. REQUIREMENT FOR MANDATORY RECOUNTS. The Election Assistance Commission shall conduct unannounced manual recounts of the voter-verified records of each election for Federal office (and, at the option of the State or jurisdiction involved, elections for State and local office) in 0.5 percent of the jurisdictions in each State (as defined in section 901 of the Help America Vote Act of 2002) and, including overseas voters (as defined in section 107(5) of the Uniformed and Overseas Citizens Absentee Voting Act), immediately following each general election for Federal office and shall promptly publish the results of those recounts. The treatment of the results of the recount shall be governed by applicable Federal, State, or local law. SEC. 7. SECURITY STANDARDS FOR MANUFACTURERS OF FEDERALLY CERTIFIED VOTING SYSTEMS. (a) In General.--Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following new paragraph: ``(7) Security standards for manufacturers of voting systems used in federal elections.-- ``(A) In general.--No voting system may be used in an election for Federal office unless the manufacturer of such system meets the requirements described in subparagraph (B). ``(B) Requirements described.--The requirements described in this subparagraph are as follows: ``(i) The manufacturer shall conduct background checks on individuals who are programmers and developers before such individuals work on any software used in connection with the voting system. ``(ii) The manufacturer shall document the chain of custody for the handling of software used in connection with voting systems. ``(iii) The manufacturer shall ensure that any software used in connection with the voting system is not transferred over the Internet. ``(iv) The manufacturer shall provide the codes used in any software used in connection with the voting system to the Commission and may not alter such codes once certification has occurred unless such system is recertified. ``(v) The manufacturer shall implement procedures to ensure internal security, as required by the Director of the National Institute of Standards and Technology. ``(vi) The manufacturer shall meet such other requirements as may be established by the Director of the National Institute of Standards and Technology.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to voting systems used on and after the date of the regularly scheduled general election for Federal office held in November 2004. SEC. 8. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS. (a) In General.--Section 205 of the Help America Vote Act of 2002 (42 U.S.C. 15325) is amended by striking subsection (e). (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to contracts entered into by the Election Assistance Commission on or after the date of the enactment of this Act. SEC. 9. EFFECTIVE DATE. Except as provided in sections 7(b) and 8(b), the amendments made by this Act shall take effect as if included in the enactment of the Help America Vote Act of 2002.

Secure and Verifiable Electronic Voting Act of 2004 or SAVE Voting Act of 2004 - Amends the Help America Vote Act of 2002 to require Federal voting systems to produce a voter-verified paper record suitable for a manual audit, except that such a system should be paperless for individuals with disabilities. Specifies requirements for software used in voting systems. Requires information on the right to voter assistance to be given to those who are blind, disabled, or unable to read or write. Requires the Election Assistance Commission to: (1) provide States with funding to implement such voting systems; and (2) study, test, and develop best practices to enhance accessibility and voter-verification mechanisms for disabled voters. Extends the deadline for States to request payments for activities to improve administration of elections and for replacement of punch card or lever voting machines. Accelerates the deadline for compliance with voting systems standards from January 1, 2006, to the regularly scheduled November 2004 general Federal election. Requires each State and jurisdiction unable to meet such deadline to utilize a paper voting system at Commission expense in the November 2004 general election. Requires Federal certification of technological security of voter registration lists. Directs the Commission to: (1) conduct manual mandatory unannounced recounts of the voter-verified records in a specified number of State and overseas jurisdictions immediately following each general election for Federal office; and (2) promptly publish the results of those recounts. Requires manufacturers of voting systems to implement safeguards for software, including background checks of personnel, certification, and public access to the software code. Repeals the exemption of the Commission from certain Government contracting requirements.

A bill to amend the Help America Vote Act of 2002 to require a voter-verified permanent record or hardcopy under title III of such Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of National Environmental Technologies Act''. SEC. 2. PURPOSE. It is the purpose of this Act-- (1) to improve coordination and integration of research and development performed by government agencies and that performed through government-awarded contracts and grants; and (2) to assist the efforts of private industry, universities, nonprofit research centers, and government laboratories to provide environmentally safe technical solutions to problems threatening the Nation's environmental security and, in the process, to help the Nation's competitiveness. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the Environmental Protection Agency; (2) the term ``Advisory Council'' means the Industry and Academia Advisory Council established by section 5; (3) the term ``Assistant Administrator'' means the Assistant Administrator, Office of National Environmental Technologies, Environmental Protection Agency; (4) the term ``Fund'' means the Environmental Advanced Research Projects Revolving Fund established by section 9; and (5) the term ``Office'' means the Office of National Environmental Technologies established pursuant to section 4. SEC. 4. ESTABLISHMENT OF OFFICE. (a) Establishment.--(1) The Administrator shall establish within the Environmental Protection Agency an Office of National Environmental Technologies to be headed by an Assistant Administrator of the Environmental Protection Agency. The duties and responsibilities of the Administrator set forth in this Act shall be carried out through the Office. (2) Section 5313 of title 5, United States Code, is amended by adding at the end the following new item: ``Assistant Administrator, Office of National Environmental Technologies, Environmental Protection Agency.''. (b) Staff.--The Administrator may appoint a staff of professionals with skills in the area of program definition and management and such support staff as the Administrator determines to be necessary, of which no more than 3 may be in positions of a confidential or policymaking character. (c) Functions.--It shall be the function of the Office to-- (1) coordinate planning by the departments, agencies, and independent establishments of the United States relating to restoration and protection of the environment; (2) identify areas that-- (A) need technical solutions to maintain the environmental security of the Nation; (B) are not receiving the long-term product- oriented research that is necessary to meet those needs; and (C) exhibit the greatest promise for the successful development of solutions; (3) support and assist the development of technology having potential future application in the restoration and protection of the environment; (4) coordinate among the departments, agencies, independent establishments of the United States and the private sector the exchange of technological information relating to restoration and protection of the environment; (5) support continuing research and development of advanced technologies by industrial, academic, and governmental and nongovernmental entities; (6) monitor on a continuing basis the research and development being conducted on advanced technologies by private industry in the United States; and (7) promote continuing development of a technological industrial base in the United States. (d) Interagency Advisory Committee.--(1) There is established an interagency advisory committee composed of-- (A) the Administrator, who shall be chair of the committee; (B) the Director of the Office of Science and Technology Policy, or the Director's designee; (C) the Secretary of Energy, or the Secretary's designee; (D) the Secretary of Commerce, or the Secretary's designee; (E) the Secretary of State, or the Secretary's designee; (F) the Secretary of Defense, or the Secretary's designee; (G) the Administrator of the National Aeronautics and Space Administration, or the Administrator's designee; (H) the Secretary of the Interior, or the Secretary's designee; and (I) the Secretary of Agriculture, or the Secretary's designee. (2) The interagency advisory committee shall advise and provide information to the Office with respect to the needs and concerns of their agencies in the field of environmental technologies. SEC. 5. INDUSTRY AND ACADEMIA ADVISORY COUNCIL. (a) Establishment.--There is established the Industry and Academia Advisory Council. (b) Membership.--(1) The Advisory Council shall consist of 9 members appointed by the Administrator, at least 5 of whom shall be from United States industry. (2) The persons appointed as members of the Advisory Council-- (A) shall be eminent in fields such as business, research, new product development, engineering, labor, education, management consulting, environment, and international relations; (B) shall be selected solely on the basis of established records of distinguished service; and (C) shall not be employees of the Federal Government. (3) In making appointments of persons as members of the Advisory Council, the Administrator shall give due consideration to any recommendations that may be submitted to the Director by the National Academies, professional societies, business associations, labor associations, and other appropriate organizations. (c) Terms.--(1)(A) Subject to paragraph (2), the term of office of a member of the Advisory Council shall be 3 years. (B) A member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of that term. (C) A member who has completed 2 consecutive full terms on the Advisory Council shall not be eligible for reappointment until 1 year after the expiration of the second such term. (2) The initial members of the Advisory Council shall be appointed to three classes of 3 members each, one class having a term of 1 year, one a term of 2 years, and one a term of 3 years. (3)(A) The Advisory Council shall meet at least quarterly at the call of the chair or whenever one-third of the members so request in writing. (B) A majority of the members of the council not having a conflict of interest in a matter under consideration by the Advisory Council shall constitute a quorum. (C) Each member shall be given appropriate notice of a meeting of the Advisory Council, not less than 15 days prior to any meeting, if possible. (4)(A) The Advisory Council shall appoint from among its members a person to serve as chair and a person to serve as vice chair. (B) The vice chair of the Advisory Council shall perform the duties of the chair in the absence of the chair. (5) The Advisory Council shall review and make recommendations regarding general policy for the Office, its organization, its budget, and its programs within the framework of national policies set forth by the President and the Congress. SEC. 6. GENERAL AUTHORITY OF THE ADMINISTRATOR. (a) Authority.--In carrying out the functions of the Office, the Administrator may-- (1) enter into, perform, and guarantee contracts, leases, grants, and cooperative agreements with any department, agency, or independent establishment of the United States or with any person; (2) use the services, equipment, personnel, or facilities of any other department, agency, or independent establishment of the United States, with the consent of the head of the department, agency, or independent establishment and with or without reimbursement, and cooperate with public and private entities in the use of such services, equipment, and facilities; (3) supervise, administer, and control the activities within the departments, agencies, and independent establishments of the United States relating to patents, inventions, trademarks, copyrights, royalty payments, and matters connected therewith that pertain to technologies relating to restoration and protection of the environment; and (4) appoint 1 or more advisory committees or councils, in addition to those established by sections 4(d) and 5, to consult with and advise the Administrator. (b) Transfer of Technology.--The Administrator may transfer to the domestic private sector technology developed by or with the support of the Office if the Administrator determines that the technology may have potential application in private activities relating to restoration and protection of the environment. SEC. 7. COOPERATIVE AGREEMENTS AND OTHER ARRANGEMENTS. (a) Agreements.--In carrying out the functions of the Office, the Administrator may enter into a cooperative agreement or other arrangement with any department, agency, or independent establishment of the United States, any unit of State or local government, any educational institution, or any other public or private person or entity. (b) Cooperation of Federal Agencies.--The heads of departments and agencies shall cooperate fully with the Administrator-- (1) in carrying out the functions of the Office; (2) in establishing appropriate interagency agreements to develop cooperative programs and improve coordination and integration of environmental research and development; and (3) to avoid unnecessary duplication. (c) Authority To Require Payment.--(1) A cooperative agreement or other arrangement entered into under subsection (a) may include a provision that requires a person or other entity to make payments to the Office (or any other department, agency, or independent establishment of the United States) as a condition to receiving assistance from the Office under the agreement or other arrangement. (2) The amount of any payment received by a department, agency, or independent establishment of the United States pursuant to a provision required under paragraph (1) shall be credited to the Fund in such amount as the Administrator may specify. (d) Nonduplication and Other Conditions.--The Administrator shall ensure that-- (1) the authority under this section is used only when the use of standard contracts or grants is not feasible or appropriate; and (2) to the maximum extent practicable, a cooperative agreement or other arrangement entered into under this section-- (A) does not provide for research that duplicates research being conducted under other programs carried out by a department, agency, or independent establishment of the United States; and (B) requires the other party to the agreement or arrangement to share the cost of the project or activity concerned. SEC. 8. PROGRAM REQUIREMENTS. (a) Selection Criteria.--Not later than 90 days after the date of enactment of this Act, the Administrator shall publish in the Federal Register proposed criteria, and not later than 180 days after the date of enactment of this Act, following a public comment period, final criteria, for the selection of recipients of contracts, leases, grants, and cooperative agreements under this Act. (b) Financial Reporting and Auditing.--The Administrator shall establish procedures regarding financial reporting and auditing to ensure that contracts and awards are used for the purposes specified in this section, are in accordance with sound accounting practices, and are not funding existing or planned research programs that would be conducted in the same time period in the absence of financial assistance under this Act. (c) Advice of the Advisory Council.--The Administrator shall ensure that the advice of the Advisory Council is considered routinely in carrying out the responsibilities of the Office. (d) Dissemination of Research Results.--The Administrator shall provide for appropriate dissemination of research results of the Office's program. (e) Contracts or Awards; Criteria; Restrictions.--(1) No contract or award may be made under this Act until the research project in question has been subject to a merit review, and has, in the opinion of the reviewers appointed by the Administrator, been shown to have scientific and technical merit. (2) Federal funds made available under this Act shall be used only for direct costs and not for indirect costs, profits, or management fees of the contractor. (3) In determining whether to make an award to a joint venture, the Administrator shall consider whether the members of the joint venture have provided for the appropriate participation of small United States businesses in the joint venture. (4) Section 552 of title 5, United States Code, shall not apply to the following information obtained by the Federal Government on a confidential basis in connection with the activities of any business or any joint venture that receives funding under this Act: (A) Information on the business operation of a member of the business or joint venture. (B) Trade secrets possessed by any business or by a member of the joint venture. (5) Intellectual property owned and developed by a business or joint venture that receives funding under this Act or by any member of such a joint venture may not be disclosed by any officer or employee of the United States except in accordance with a written agreement between the owner or developer and the Administrator. (6) The United States shall be entitled to a share of the licensing fees and royalty payments made to and retained by a business or joint venture to which it contributes under this section in an amount proportionate to the Federal share of the costs incurred by the business or joint venture, as determined by independent audit. (7) A contract or award under this Act shall contain appropriate provisions for discontinuance of the project and return of the unspent Federal funds to the Office (after payment of all allowable costs and an audit) if it appears that, due to technical difficulties, financial difficulty on the part of the recipient, or for any other reason, the recipient is not making satisfactory progress toward successful completion of the project. (8) Upon dissolution of a joint venture that receives funding under this Act or at a time otherwise agreed upon, the United States shall be entitled to a share of the residual assets of a joint venture that is proportionate to the Federal share of the costs of the joint venture, as determined by independent audit. SEC. 9. REVOLVING FUND. (a) Establishment.--There is established in the Treasury of the United States a revolving fund to be known as the ``Environmental Advanced Research Projects Revolving Fund'', which shall consist of such amounts as are appropriated or credited to it from time to time. (b) Expenditures From the Fund.--Amounts in the Fund shall be available, as provided in appropriations Acts, to carry out the purposes of this Act. (c) Loans, Grants, and Other Financial Assistance.--(1) The Administrator may use the Fund for the purpose of making loans, grants, and other financial assistance to industrial and nonprofit research centers, universities, and other entities that serve the long-term environmental security needs of the United States, to carry out the purposes of this Act. (2) A loan made under this section shall bear interest at a rate determined by the Secretary of the Treasury (as of the close of the calendar month preceding the month in which the loan is made) to be 3 percent less than the current market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the period for which the loan is made. (3) Repayments on a loan made under this section and the proceeds from any other agreement entered into by the Administrator under this Act shall be credited to the Fund. (d) Management of Fund.--(1) The Secretary of the Treasury shall manage the Fund and, after consultation with the Administrator, report to Congress each year on the financial condition and the results of the operation of the Fund during the preceding fiscal year and on the expected condition and operations of the Fund during the next 5 fiscal years. (2)(A) The Secretary of the Treasury shall invest the portion of the Fund that is not, in the judgment of the Secretary, required to meet current withdrawals. (B) Investments of monies in the Fund may be made only in interest- bearing obligations of the United States. SEC. 10. ANNUAL REPORT. The Administrator shall submit a report to Congress annually describing-- (1) the activities of the Office; (2) the Office's plans for future activities; (3) the manner and extent to which technologies developed with assistance from the Office have been used; and (4) the extent to which those technologies have been transferred overseas. SEC. 11. APPROPRIATIONS. (a) Amounts.--There are authorized to be appropriated to carry out the purposes of this Act $85,000,000 for fiscal year 1994, $165,000,000 for fiscal year 1995, and $250,000,000 for fiscal year 1996. (b) Limitation on Use.--Of amounts appropriated under subsection (a), no more than 5 percent may be used to pay for administrative expenses of the Office. HR 2224 IH----2

Office of National Environmental Technologies Act - Establishes the Office of National Environmental Technologies within the Environmental Protection Agency (EPA) to: (1) coordinate Federal environmental restoration and protection planning; (2) identify areas that need technical solutions to maintain environmental security, are not receiving product-oriented research necessary to meet those needs, and exhibit the greatest promise for the development of solutions; (3) support the development of technology having future application in environmental restoration and protection; (4) coordinate the exchange of technological information relating to environmental restoration and protection between Federal agencies and the private sector; (5) support continuing research and development of advanced technologies; (6) monitor research and development being conducted on advanced technologies by private industry; and (7) promote continuing development of a technological industrial base in the United States. Permits the EPA Administrator to transfer to the domestic private sector technology developed with the support of the Office if the technology may have potential application in private activities relating to environmental restoration and protection. Provides for dissemination of the results of Office research. Directs the Administrator, in determining whether to make an award to a joint venture, to consider whether the joint venture has provided for appropriate participation of U.S. small businesses. Sets forth confidentiality provisions concerning trade secrets and intellectual property. Entitles the United States to a share of licensing fees and royalty payments made to a joint venture in an amount proportionate to the Federal share of costs incurred. Provides for the return of unspent Federal funds to the Office if it appears that the recipient is not making satisfactory progress toward successful completion of the project. Entitles the United States, upon dissolution of a joint venture that receives funding under this Act, to a share of the residual assets proportionate to the Federal share of costs. Establishes the Environmental Advanced Research Projects Revolving Fund to provide financial assistance to entities that serve long-term environmental security needs. Authorizes appropriations.

Office of National Environmental Technologies Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Pool and Spa Safety Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Recommended swimming pool safety standards. Sec. 4. State swimming pool safety grant program. Sec. 5. National education program. Sec. 6. Definitions. Sec. 7. CPSC reports. SEC. 2. FINDINGS. The Congress finds that-- (1) drowning is the leading cause of death in children under 4 and the second leading cause of death in children 14 and under in the United States; (2) many children drown due to pool and spa drowning and entrapment, such as Virginia Graeme Baker, who at age 7 drowned by entrapment in a residential spa, and Preston de Ibern, who at age 5 nearly drowned and was left permanently brain damaged, finally succumbing to his catastrophic health care issues when he was 12 years old; (3) in 2003, 782 children ages 14 and under died as a result of unintentional drowning; (4) from 1985 to 2004, at least 33 children ages 14 and under died as a result of pool and spa entrapment; (5) adult supervision at all aquatic venues is a critical safety factor in preventing children from drowning; and (6) research studies show that the installation and proper use of barriers or fencing, as well as additional layers of protection, could substantially reduce the number of childhood residential swimming pool drownings and near drownings. SEC. 3. RECOMMENDED SWIMMING POOL SAFETY STANDARDS. (a) In General.-- (1) Safety standards.--Within 90 days after the date of enactment of this Act, the Commission shall issue an advance notice of proposed rulemaking to establish recommended minimum State law standards for swimming pools and spas with respect to-- (A) enclosure of the pool or spa by barriers to entry that will effectively prevent small children from gaining unsupervised access to the pool or spa; and (B) devices and systems designed to prevent entrapment of children by pool or spa drains. (2) Deadline.--The Commission shall issue the recommended minimum standards as a final rule within 18 months after it issues the advance notice of proposed rulemaking. (3) Status of standards.-- (A) In general.--The standards promulgated by the Commission under this section-- (i) shall be advisory in nature; (ii) shall not prevent the Commission from subsequently promulgating standards regulating pool and spa safety or from relying on an applicable national performance standard; (iii) shall not be promulgated as a consumer product safety rule; and (iv) shall be used by the Commission solely for the purpose of determining the eligibility of a State for a grant under section 4 of this Act. (B) Enforcement.--The Commission may not enforce any standard promulgated under this section except for the purpose of determining the eligibility of a State for a grant under section 4 of this Act. (4) Guidelines.--In promulgating standards under this Act, the Commission shall give strong consideration to published Commission guidelines and, where applicable, existing national performance standards. (b) Minimum Standards for Pools and Spas.--In promulgating recommended minimum State law standards for swimming pools and spas under subsection (a), the Commission, at a minimum, shall require that-- (1) any outdoor swimming pool or spa is enclosed by an appropriate fence or other barrier; (2) any swimming pool or spa with a main drain is equipped, at a minimum, with a drain cover that meets the requirements of subsection (d)(2)(A); and (3) new pools with a main drain are equipped with at least 2 drains, or a single, unblockable drain, and drain covers that meet the requirements of subsection (d)(2)(A). (c) Basic Access-Related Safety Devices and Equipment.--In promulgating the swimming pool and spa standard, the Commission shall require the following: (1) Barrier or fence.--A requirement that any outdoor swimming pool is to be protected by a wall, fence, enclosure, or other natural or constructed barrier that-- (A) entirely encloses the pool by at least a 4-foot high wall, fence, enclosure, or other barrier (which may include the wall or side of a residence or other building, provided such wall or side of a building does not contain a door or a window); (B) has no opening (other than a gate as described in subparagraph (D)) through which a spherical object 4 inches in diameter can pass; (C) has horizontal components spaced not less than 36 inches apart measured vertically or placed on the pool side of the wall, fence, enclosure, or barrier and does not have any opening greater than 2 inches measured horizontally (including wire mesh or chain link fences that have a maximum mesh size of 2 inches measured horizontally); (D) has a gate that-- (i) is self-closing and self-latching; and (ii) opens outward from the pool; (E) does not contain openings, handholds, or footholds accessible from the exterior side of the enclosure that can be used to climb the wall, fence, screen enclosure, or barrier; and (F) has a clearance at the bottom of not more than 4 inches above the ground. (2) Above-ground pools.--A requirement that any swimming pool that is an above-ground swimming pool-- (A) has exterior sides that are non-climbable and are at least 4 feet high, at a minimum; and (B) if it has an access ladder or steps, the ladder or steps are removable without tools or able to be secured with a latching device when the pool is not in use. (3) Exemption.--In promulgating the swimming pool and spa safety standard, the Commission shall provide an exemption from any such requirements for a hot tub, spa, or portable spa that has a lockable cover that meets ASTM standard F1346 where such cover is in place and locked when the hot tub, spa, or portable spa is not in use. (d) Entrapment, Entanglement, and Evisceration Prevention Standards.--In promulgating the swimming pool and spa standard, the Commission shall require, at a minimum, the following: (1) New pools.--For new swimming pools constructed with a main drain, a requirement that any such pool be equipped with-- (A) a drain system that contains at least a single, unblockable drain, or 2 suction outlets per pump, placed at least 3 feet apart or located on 2 different planes or surfaces, that prevent any single drain from becoming the sole inlet to the suction side of the pump; or (B) any other swimming pool drainage system that meets the standards of the American National Standards Institute (as published by the American Society of Mechanical Engineers) or the American Society for Testing and Materials. (2) All pools.--For all swimming pools, regardless of when constructed, a requirement that, unless the pool is constructed without a main drain, the pool be equipped with-- (A) a suction outlet drain cover that meets ANSI/ ASME standard A112.19.8M, is permanently marked with a maximum flow rating, and is anchored with non-corrosive fasteners, unless the drain is a single, unblockable drain; and (B) 1 or more of the following: (i) A safety vacuum release system which ceases operation of the pump, reverses the circulation flow, or otherwise provides a vacuum release at a suction outlet when a blockage is detected, that has been tested by an independent third party and found to conform to ANSI/ASME standard A112.19.17 or ASTM standard F2387. (ii) A suction-limiting vent system with a tamper-resistant atmospheric opening. (iii) A gravity drainage system that utilizes a collector tank. (iv) Any other system that meets the standards of the American National Standards Institute (as published by the American Society of Mechanical Engineers) or the American Society for Testing and Materials. SEC. 4. STATE SWIMMING POOL SAFETY GRANT PROGRAM. (a) In General.--Subject to the availability of appropriations authorized by subsection (e), the Commission shall establish a grant program to provide assistance to States in hiring and training State and local government employees in implementing and enforcing State swimming pool safety standards enacted by the State, educating the public about swimming pool and spa safety related to their use by children, and administering swimming pool and spa safety programs. (b) Eligibility.--To be eligible for a grant under the program, a State shall-- (1) demonstrate to the satisfaction of the Commission that it has a State statute, or that, after the date of enactment of this Act, it has enacted a statute, or amended an existing statute, and provides for the enforcement of, a law that-- (A) applies to all swimming pools in the State; and (B) meets the minimum recommended swimming pool and spa safety standards promulgated by the Commission under section 3; and (2) submit an application to the Commission at such time, in such form, and containing such additional information as the Commission may require. (c) Amount of Grant.--The Commission shall determine the amount of a grant awarded under this Act, and shall consider the population and relative enforcement needs of each qualifying State in awarding grants. (d) Use of Grant Funds.--A State receiving a grant under this section shall use-- (1) at least 50 percent of amount made available to hire and train enforcement personnel for implementation and enforcement of standards under the State swimming pool and spa safety law; and (2) the remainder-- (A) to educate pool owners and operators about the standards under the swimming pool and spa safety law and to educate such owners and operators and the general public about the prevention of children from drowning and entrapment in swimming pools and spas; and (B) to educate pool construction and installation companies and pool service companies about the standards. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Commission for each of fiscal years 2008 through 2012 $10,000,000 to carry out this section. SEC. 5. NATIONAL EDUCATION PROGRAM. (a) In General.--The Commission shall establish and carry out a national education program to inform the public of methods to prevent drowning and entrapment in swimming pools and spas. In carrying out the program, the Commission shall develop-- (1) educational materials designed for pool manufacturers, pool service companies, and pool supply retail outlets; (2) educational materials designed for pool owners and operators; and (3) a national media campaign to promote awareness of pool and spa safety and drowning prevention. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Commission for each of fiscal years 2008 through 2012 $5,000,000 to carry out the education program authorized by subsection (a). SEC. 6. DEFINITIONS. In this Act: (1) ANSI/ASME standard.--The term ``ANSI/ASME standard'' means a safety standard accredited by the American National Standards Institute and published by the American Society of Mechanical Engineers. (2) ASTM standard.--The term ``ASTM standard'' means a safety standard issued by ASTM International, formerly known as the American Society for Testing and Materials. (3) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (4) New pool.--The term ``new pool'' means any pool constructed more than 180 days after the effective date of a State statute enacted or amended after the date of enactment of this Act to establish State minimum swimming pool and spa safety standards that meet the recommended standards promulgated by the Commission under section 3. (5) Safety vacuum release system.--The term ``safety vacuum release system'' means a vacuum release system capable of providing vacuum release at a suction outlet caused by a high vacuum occurrence due to a suction outlet flow blockage. (6) Single, unblockable drain.--The term ``single, unblockable drain'' means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard. (7) Suction outlet drain cover.--The term ``suction outlet drain cover'' means a drain cover which is designed to help prevent mechanical, body and hair entrapment and evisceration. (8) Swimming pool; spa.--The term ``swimming pool'' or ``spa'' means any outdoor or indoor structure intended for swimming or recreational bathing, including in-ground and above-ground structures, and includes hot tubs, spas, portable spas, and non-portable wading pools. SEC. 7. CPSC REPORTS. (a) Rulemaking Progress.--The Commission shall report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce within 1 year after the date of enactment of this Act on its progress toward issuing a final rule under section 3. The Commission shall include in the report an explanation of its reason for recommending certain standards or safety devices over other, alternative standards or safety devices. (b) Efficacy of Grant Program.--Within 1 year after the close of each fiscal year for which grants are made under section 4, the Commission shall submit a report to the Congress evaluating the effectiveness of the grant program authorized by that section.

Pool and Spa Safety Act - Requires the Consumer Product Safety Commission (CPSC) to establish recommended state law standards meeting specified minimum requirements for: (1) enclosure of swimming pools and spas by barriers to prevent unsupervised access by small children; and (2) systems to prevent entrapment of children by pool or spa drains. Requires the CPSC to establish: (1) a grant program to provide assistance to states in hiring and training government employees in implementing and enforcing state pool safety standards, educating the public about pool and spa safety, and administering safety programs; and (2) a national education program to inform the public of methods to prevent drownings and entrapment in pools and spas.

To increase the safety of swimming pools and spas by establishing a swimming pool safety grant program administered by the Consumer Product Safety Commission to encourage States to improve their pool and spa safety laws, to educate the public about pool and spa safety, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cleaning Product Right to Know Act of 2016''. SEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT. (a) Labeling Requirement.--Beginning 1 year after the date of enactment of this Act, a cleaning product manufactured for sale, offered for sale, distributed in commerce, or imported to the United States after such date shall bear a label on the product's container or packaging with, and the manufacturer of the product shall include on the website of the manufacturer (if the manufacturer maintains a website), a complete and accurate list of all the product's ingredients, including the individual ingredients in dyes, fragrances, and preservatives. Ingredients shall be listed in accordance with the following: (1) Ingredients shall be listed in descending order of predominance in the product by weight, other than ingredients that constitute less than 1 percent of the product, which may be listed at the end in any order. (2) The list of ingredients on the website of the product shall-- (A) include the CAS Registry Number of each ingredient; (B) include an explanation of each ingredient's purpose for being in the cleaning product; and (C) be available in English, Spanish, and any other language the Commission determines necessary to ensure that users of the product in the United States are informed as to the complete list of the product's ingredients and their function. (b) Treatment Under the FHSA.--A cleaning product that is not in conformity with the labeling requirements of subsection (a), including a product the manufacturer of which is not in compliance with the website listing requirement with respect to such product, shall be treated as a substance defined in section 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)) for purposes of such Act. (c) No Effect on Existing Labeling Requirements.--Nothing in this Act shall be interpreted as having any effect on any labeling requirements in effect before the date of enactment of this Act as described in section 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)) or the Hazard Communication Standard of the Occupational Safety and Health Administration. (d) Rulemaking Authority.--Not later than 1 year after the date of the enactment of this Act, in consultation with the Administrator of the Environmental Protection Agency as necessary, the Commission shall issue regulations-- (1) to ensure a standardized method of listing ingredients in an accessible, uniform, and legible manner on both the label and website of a product as required by subsection (a); and (2) to provide for the effective enforcement of this Act. SEC. 3. PUBLIC RIGHT TO KNOW PETITION. (a) Petition.--Any person may submit a petition to the Commission alleging that a cleaning product available in interstate commerce does not satisfy the labeling requirements of this Act, including a product the manufacturer of which is not in compliance with the requirement to list the product's ingredients on its website. (b) Action by the Commission.--The Commission shall notify a petitioner of the receipt of a petition within 30 days after receipt of such petition. The Commission shall investigate the claims made by the petition and make a determination as to the validity of such claims within 180 days after acknowledging the receipt of such petition. If the Commission sustains the claim or claims made by the petition, the Commission shall initiate the proper enforcement actions required by law. (c) Regulations.--The Commission may issue such regulations as it determines necessary to require that petitions include a reasonable evidentiary basis for the claims made therein. SEC. 4. PREEMPTION. Nothing in this Act affects the right of a State or political subdivision of a State to adopt or enforce any regulation, requirement, or standard of performance that is different from, or in addition to, a regulation, requirement, liability, or standard of performance established pursuant to this Act unless compliance with both this Act and the State or political subdivision of a State regulation, requirement, or standard of performance is impossible, in which case the applicable provision of this Act shall control. SEC. 5. DEFINITIONS. In this Act: (1) Air care product.--The term ``air care product'' means a chemically formulated consumer product designed to clean and freshen air or to deodorize and neutralize unwanted odors in the indoor air, including solid gels, air freshener spray, an outlet or battery operated air freshener, a hanging car air freshener, and a potpourri product. (2) Automotive product.--The term ``automotive product'' means a chemically formulated consumer product designed to maintain the appearance of a motor vehicle, but does not include automotive paint or a paint repair product. (3) Cleaning product.--The term ``cleaning product'' means any product used primarily for commercial, domestic, or institutional cleaning purposes, including an air care product, automotive product, disinfectant (except as provided in subparagraph (B)), and polish or floor maintenance product. Such term shall not include-- (A) any drug or cosmetics, including personal care items such as toothpaste, shampoo, and hand soap; or (B) a product labeled, advertised, marketed, and distributed for use only as a pesticide, as defined by section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(u)), including a disinfectant intended for use solely on critical or semi-critical devices as described by such section. (4) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (5) Ingredient.--The term ``ingredient'' means a chemical intentionally incorporated in a cleaning product, including-- (A) a chemical intentionally added to the product that provides a technical or functional effect; (B) the intentional breakdown product of a chemical that has an effect on the cleaning product; (C) with respect to a fragrance or preservative, each individual component part of the fragrance or preservative; and (D) any individual component of an ingredient or of an incidental ingredient that the Commission determines should be considered an ingredient. (6) Incidental ingredient.--The term ``incidental ingredient'' means a chemical in a cleaning product, including-- (A) any substance that is present by reason of having been added to a cleaning product during processing for its technical or functional effect; (B) a chemical that has no technical or functional effect but is present by reason of having been incorporated into the cleaning product as a component of an ingredient of another chemical; and (C) any contaminant that may form via reactions over the shelf life of a cleaning product and that may be present at levels where detection is technologically feasible. (7) Polish or floor maintenance product.--The term ``polish or floor maintenance product'' means a chemically formulated consumer product designed to polish, protect, or maintain furniture, floors, metal, leather, or other surfaces, including polish, wax, and restorer.

Cleaning Product Right to Know Act of 2016 This bill requires cleaning products to bear a label with, and requires manufacturers to include on their websites, a list of all of the product's ingredients (including individual ingredients in dyes, fragrances, and preservatives) in descending order of predominance by weight, except that ingredients that constitute less than 1% of the product can be listed at the end in any order. Product websites must include: (1) the CAS Registry Number of each ingredient, and (2) an explanation of each ingredient's purpose. A product that is not in conformity with the labeling and website listing requirements shall be treated as a misbranded hazardous substance under the Federal Hazardous Substances Act. A person may petition the Consumer Product Safety Commission to investigate claims that a product does not satisfy these requirements.

Cleaning Product Right to Know Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agroterrorism Prevention Act of 2001''. SEC. 2. PLANT ENTERPRISE TERRORISM. (a) In General.--Section 43 of title 18, United States Code, is amended-- (1) so that the heading for such section reads-- ``Sec. 43. Animal and plant enterprise terrorism''; (2) by striking ``animal enterprise'' each place it appears and inserting ``animal or plant enterprise''; (3) in subsection (a)(2)-- (A) by inserting ``plants,'' after ``including''; (B) by inserting a comma after ``animals''; (4) in subsection (d)(1), by striking ``animal enterprise'' and inserting ``animal or plant enterprise''; (5) in subsection (d)(1)(A), by inserting ``or plants'' after ``animals''; (6) in subsection (d)(1)(B)-- (A) by inserting ``botanical exhibit,'' after ``rodeo''; and (B) by inserting ``or plant'' after ``animal''; and (7) in subsection (d)-- (A) by striking ``and'' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ``; and''; and (C) by adding at the end the following: ``(5) the term `plant' means any plant (including any plant part) used for, or that is capable of, propagation, including a tree, a tissue culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, a seed, or any plant genetic material contained in bacteria, plasmids, viruses, viroids, or any vector of biological origin that has been modified for, or is capable of carrying genes into plant cells using transgenic processes.''. (b) Clerical Amendment.--The item in the table of sections at the beginning of chapter 3 of title 18, United States Code, that relates to section 43 is amended to read as follows: ``43. Animal and plant enterprise terrorism.''. SEC 3. ENHANCEMENT OF PENALTIES FOR ANIMAL AND PLANT ENTERPRISE TERRORISM. Section 43 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``one year'' and inserting ``five years''; and (2) in subsection (b)-- (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph (2): ``(2) Explosives or arson.--Whoever in the course of a violation of subsection (a) maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used by the animal or plant enterprise shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both.''; and (C) in paragraph (3), as so redesignated, by striking ``under this title and'' and all that follows through the period and inserting ``under this title, imprisoned for life or for any term of years, or sentenced to death.''. SEC. 4. RICO. Section 1961(1) of title 18, United States Code, is amended by striking ``Section 201'' and inserting ``Section 43 (relating to animal and plant enterprise terrorism, section 201''. SEC. 5. NATIONAL AGROTERRORISM INCIDENT CLEARING-HOUSE. (a) In General.--The Director shall establish and maintain a national clearinghouse for information on incidents of crime and terrorism-- (1) committed against or directed at any animal or plant enterprise; (2) committed against or directed at any commercial activity because of the perceived impact or effect of such commercial activity on the environment; or (3) committed against or directed at any person because of such person's perceived connection with or support of any enterprise or activity described in paragraph (1) or (2). (b) Clearinghouse.--The clearinghouse established under subsection (a) shall-- (1) accept, collect, and maintain information on incidents described in subsection (a) that is submitted to the clearinghouse by Federal, State, and local law enforcement agencies, by law enforcement agencies of foreign countries, and by victims of such incidents; (2) collate and index such information for purposes of cross-referencing; and (3) upon request from a Federal, State, or local law enforcement agency, or from a law enforcement agency of a foreign country, provide such information to assist in the investigation of an incident described in subsection (a). (c) Scope of Information.--The information maintained by the clearinghouse for each incident shall, to the extent practicable, include-- (1) the date, time, and place of the incident; (2) details of the incident; (3) any available information on suspects or perpetrators of the incident; and (4) any other relevant information. (d) Design of Clearinghouse.--The clearinghouse shall be designed for maximum ease of use by participating law enforcement agencies. (e) Publicity.--The Director shall publicize the existence of the clearinghouse to law enforcement agencies by appropriate means. (f) Resources.--In establishing and maintaining the clearinghouse, the Director may-- (1) through the Attorney General, utilize the resources of any other department or agency of the Federal Government; and (2) accept assistance and information from private organizations or individuals. (g) Coordination.--The Director shall carry out the Director's responsibilities under this section in co-operation with the Director of the Bureau of Alcohol, Tobacco, and Firearms. (h) Definitions.--In this section-- (1) the term ``animal or plant enterprise'' has the same meaning as in section 43 of title 18, United States Code; and (2) the term ``Director'' means the Director of the Federal Bureau of Investigation. (i) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2002 through 2007 such sums as are necessary to carry out this section. SEC. 6. ANIMAL AND PLANT RESEARCH SECURITY PROGRAMS. (a) In General.-- (1) Grants authorized.--The Director shall-- (A) award grants on a competitive basis to colleges and universities for technical assistance, threat and risk assessments, and other activities related to improving security at individual research universities; and (B) develop a comprehensive security report for universities, colleges and nonprofit organizations which examines the threat posed by animal and plant enterprise terrorism on research activities, and includes strategies for reducing this threat, including education, facility hardening, and coordination with law enforcement. (2) Application.--To be eligible to receive a grant under this section a college or university shall submit to the Director an application in such form and containing such information as the Director may require, including information relating to the security needs of the institution. (3) Priority.--In awarding grants under this section, the Director shall give priority to colleges and universities that demonstrate the highest security needs, as reported in the application submitted under paragraph (2). (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2002, 2003. (c) Definition.--In this section, the term ``Director'' means the Director of the National Science Foundation.

Agroterrorism Prevention Act of 2001 - Amends the Federal criminal code to prohibit plant enterprise terrorism. Enhances penalties for animal enterprise terrorism and establishes penalties for plant enterprise terrorism. Prohibits the use of explosives or arson against the enterprise. Provides for the death penalty under specified circumstances.Makes animal and plant enterprise terrorism a predicate offense under the Racketeer Influenced and Corrupt Organizations Act.Requires the Director of the National Science Foundation to establish and maintain a national clearinghouse for information on incidents of crime and terrorism committed against or directed at any: (1) animal or plant enterprise; (2) commercial activity because of the perceived impact of such activity on the environment; or (3) person because of such person's perceived connection with or support of any enterprise or activity.Requires the Director to: (1) award grants on a competitive basis to colleges and universities for technical assistance, threat and risk assessments, and other activities related to improving security at individual research universities; and (2) develop a comprehensive security report for universities, colleges, and nonprofit organizations which examines the threat posed by animal and plant enterprise terrorism on research activities and includes strategies for reducing such threat.

A bill to prevent plant enterprise terrorism.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Retirement Reform Act of 1995''. SEC. 2. FEDERAL RETIREMENT PROVISIONS RELATING TO MEMBERS OF CONGRESS AND CONGRESSIONAL EMPLOYEES. (a) Accrual Rates Relating to Members of Congress and Congressional Employees Under the Federal Employees Retirement System.--Section 8415 of title 5, United States Code, is amended-- (1) by striking out subsections (b) and (c); (2) in subsections (a) and (g) by inserting ``or Member'' after ``employee'' each place it appears; and (3) in subsection (g)(2) by striking out ``Congressional employee''. (b) Contribution Rates Relating to Members of Congress and Congressional Employees Under the Federal Employees Retirement System.--Section 8422(a)(2) of title 5, United States Code, is amended-- (1) in subparagraph (A) by striking out ``employee (other than a law enforcement officer, firefighter, air traffic controller, or Congressional employee)'' and inserting in lieu thereof ``employee or Member (other than a law enforcement officer, firefighter, or air traffic controller)''; and (2) in subparagraph (B)-- (A) by striking out ``a Member,''; and (B) by striking out ``air traffic controller, or Congressional employee,'' and inserting in lieu thereof ``or air traffic controller,''. (c) Administrative Regulations.--The Secretary of the Senate and the Clerk of the House of Representatives, in consultation with the Office of Personnel Management, may prescribe regulations to carry out the provisions of this section and the amendments made by this section for applicable employees and Members of Congress. (d) Effective Dates.-- (1) In General.--Except as otherwise provided in this subsection, the provisions of this section shall take effect on the date of the enactment of this Act. (2) Accrual rate; annuity computation.-- (A) General rule.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply only with respect to the computation of an annuity relating to-- (i) the service of a Member of Congress as a Member or as a Congressional employee performed on or after January 1, 1997; and (ii) the service of a Congressional employee as a Congressional employee performed on or after January 1, 1997. (B) Exception.--An annuity shall be computed as though the amendments made under subsection (a) had not been enacted with respect to-- (i) the service of a Member of Congress as a Member or a Congressional employee or military service performed before January 1, 1997; and (ii) the service of a Congressional employee as a Congressional employee or military service performed before January 1, 1997. (3) Contribution rates.--The amendments made by subsection (b) shall take effect on the first day of the first applicable pay period beginning on or after January 1, 1997. SEC. 3. INCREASE IN YEARS USED TO DETERMINE AVERAGE PAY. (a) Definition of Average Pay.-- (1) Civil service retirement system.--Section 8331(4) of title 5, United States Code, is amended to read as follows: ``(4) `average pay' means-- ``(A) with respect to service performed before the effective date of section 3 of the Federal Retirement Reform Act of 1995, the largest annual rate resulting from averaging an employee's or Member's rates of basic pay in effect over any 3 consecutive years of creditable service or, in the case of an annuity under subsection (d) or (e)(1) of section 8341 of this title based on service of less than 3 years, over the total service, with each rate weighted by the time it was in effect; and ``(B) with respect to service performed on and after the effective date of section 3 of the Federal Retirement Reform Act of 1995, the largest annual rate resulting from averaging an employee's or Member's rates of basic pay in effect over any 5 consecutive years of creditable service, or, in the case of an annuity under subsection (d) or (e)(1) of section 8341 of this title based on service of less than 5 years, over the total service, with each rate weighted by the time it was in effect.''. (2) Federal employee retirement system.--Section 8401(3) of title 5, United States Code, is amended to read as follows: ``(3) the term `average pay' means-- ``(A) with respect to service performed before the effective date of section 3 of the Federal Retirement Reform Act of 1995, the largest annual rate resulting from averaging an employee's or Member's rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect; and ``(B) with respect to service performed on and after the effective date of section 3 of the Federal Retirement Reform Act of 1995, the largest annual rate resulting from averaging an employee's or Member's rates of basic pay in effect over any 5 consecutive years of service, or, in the case of an annuity under this chapter based on service of less than 5 years, over the total service, with each rate weighted by the period it was in effect.''. (b) Application Clarification.-- (1) Civil service retirement system.--In computing an annuity under any provision of chapter 83 of title 5, United States Code, the product resulting from using average pay determined under section 8331(4)(A) of such title in accordance with such applicable provision of such chapter, shall be added to the product resulting from using average pay determined under section 8331(4)(B) of such title. (2) Federal employee retirement system.--In computing an annuity under any provision of chapter 84 of title 5, United States Code, the product resulting from using average pay determined under section 8401(3)(A) of such title in accordance with such applicable provision of such chapter, shall be added to the product resulting from using average pay determined under section 8401(3)(B) of such title. (c) Regulations.--The Office of Personnel Management shall prescribe regulations to carry out the provisions of this section. (d) Effective Date.--This section shall take effect on January 1, 1996. SEC. 4. REDUCTION IN ACCRUAL RATES. (a) Civil Service Retirement System.--Section 8339 of title 5, United States Code, is amended to read as follows: ``Sec. 8339. Computation of annuity ``(a)(1) Except as otherwise provided by this section, the annuity of an employee retiring under this subchapter is-- ``(A) with respect to service performed before January 1, 1996-- ``(i) 1\1/2\ percent of his average pay multiplied by so much of his total service as does not exceed 5 years; plus ``(ii) 1\3/4\ percent of his average pay multiplied by so much of his total service as exceeds 5 years but does not exceed 10 years; plus ``(iii) 2 percent of his average pay multiplied by so much of his total service as exceeds 10 years; plus ``(B) with respect to service performed on or after January 1, 1996-- ``(i) 1.4 percent of his average pay multiplied by so much of his total service as does not exceed 5 years; plus ``(ii) 1.65 percent of his average pay multiplied by so much of his total service as exceeds 5 years but does not exceed 10 years; plus ``(iii) 1.9 percent of his average pay multiplied by so much of his total service as exceeds 10 years. ``(2) Notwithstanding paragraph (1), when it results in a larger annuity-- ``(A) 1 percent of the average pay of an employee plus $25 is substituted for the percentage specified under paragraph (1)(A) (i), (ii), or (iii), or any combination thereof; and ``(B) .9 percent of the average pay of the employee plus $25 is substituted for the percentage specified under paragraph (1)(B) (i), (ii), or (iii), or any combination thereof.''. (b) Federal Employees Retirement System.--Section 8415 of title 5, United States Code (as amended by section 2(a) of this Act) is further amended-- (1) in subsection (a) by striking out ``1 percent of that individual's average pay multiplied by such individual's total service.'' and inserting in lieu thereof a dash and the following: ``(1) 1 percent of that individual's average pay multiplied by such individual's service performed before January 1, 1996; plus ``(2) .9 percent of that individual's average pay multiplied by such individual's service performed on or after January 1, 1996.''; and (2) in subsection (g)(1) by inserting before the period ``or .9 percent, as applicable''.

Federal Retirement Reform Act of 1995 - Revises the Civil Service Retirement System and the Federal Employees' Retirement System (FERS) with regard to years for determining average pay and accrual rates for annuity computation, including, under FERS, changes in the accrual and contribution rates relating to Members of Congress and congressional employees.

Federal Retirement Reform Act of 1995

SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF CANDLES. (a) Reliquidation of Entries.--Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520) or any other provision of law, the United States Customs Service shall, not later than 90 days after the date of enactment of this Act, liquidate or reliquidate the entries listed in subsection (b) without assessment of antidumping duties and interest and shall refund any antidumping duties and interest which were previously paid on such entries. (b) Affected Entries.--The entries referred to in subsection (a) are the following: Entry number Date of entry Port 110-3447557-3 03/18/00 Los Angeles 110-3447591-2 03/19/00 Los Angeles 110-3447595-3 03/19/00 Los Angeles 110-1201638-1 03/21/00 Detroit 110-1201639-9 03/21/00 Detroit 110-1201640-7 03/21/00 Detroit 110-3447613-4 03/21/00 Los Angeles 110-1201697-7 03/23/00 Detroit 110-1201695-1 03/23/00 Detroit 110-1201696-9 03/23/00 Detroit 110-1201756-1 03/27/00 Detroit 110-1201757-9 03/27/00 Detroit 110-1201758-7 03/27/00 Detroit 110-1740905-2 03/30/00 Los Angeles 110-1740943-3 03/30/00 Los Angeles 110-1201845-2 03/31/00 Detroit 110-1201813-0 04/03/00 Detroit 110-1201814-8 04/03/00 Detroit 110-1201815-5 04/03/00 Detroit 110-1201875-9 04/04/00 Detroit 110-1201868-4 04/04/00 Detroit 110-1201858-5 04/04/00 Detroit 110-3447959-1 04/11/00 Los Angeles 110-3447958-3 04/11/00 Los Angeles 110-3759536-9 04/12/00 Detroit 110-3759561-7 04/12/00 Detroit 110-3759542-7 04/12/00 Detroit 110-3759540-1 04/12/00 Detroit 110-3447977-3 04/12/00 Los Angeles 110-3759539-3 04/12/00 Detroit 110-3448045-8 04/14/00 Los Angeles 110-3448046-6 04/14/00 Los Angeles 110-3448110-0 04/20/00 Los Angeles 110-3759670-6 04/25/00 Detroit 110-3759673-0 04/25/00 Detroit 110-3759669-8 04/25/00 Detroit 110-3759667-2 04/25/00 Detroit 110-3759671-4 04/25/00 Detroit 110-3759668-0 04/25/00 Detroit 110-3448241-3 04/27/00 Los Angeles 110-3448247-0 04/27/00 Los Angeles 110-3448276-9 04/28/00 Memphis 110-3448274-4 04/28/00 Memphis 110-3448282-7 05/04/00 Memphis 101-4081779-1 05/07/00 Memphis 101-4088945-1 05/23/00 Memphis 101-4089954-3 05/23/00 Memphis 101-4088960-0 05/23/00 Memphis 101-4092192-4 05/25/00 Memphis 101-4089312-3 05/26/00 Detroit 101-4089942-7 05/26/00 Detroit 101-4089893-2 05/26/00 Detroit 101-4092221-1 05/26/00 Memphis 101-4089697-7 05/26/00 Los Angeles 101-4092215-3 05/26/00 Memphis 101-4086053-6 05/26/00 Los Angeles 101-4122700-8 07/27/00 Los Angeles 101-4122707-3 07/27/00 Los Angeles 101-4122712-3 07/27/00 Los Angeles 101-4127147-7 08/03/00 Los Angeles 101-4132485-4 08/09/00 Norfolk 101-4129989-0 08/11/00 Detroit 101-4130345-2 08/17/00 Detroit 101-4129976-7 08/23/00 Detroit 101-4149476-4 09/06/00 Los Angeles 101-4149483-0 09/06/00 Los Angeles 101-4149493-9 09/06/00 Los Angeles 101-4148595-2 09/08/00 Detroit 101-4153301-7 09/18/00 Detroit 101-4154523-5 09/14/00 Los Angeles 101-4153389-2 09/18/00 Detroit 101-4157161-1 09/20/00 Norfolk 101-4153333-0 09/21/00 Detroit 101-4155542-4 09/26/00 Detroit 101-4166291-5 10/07/00 Los Angeles 101-4167325-0 10/09/00 Detroit 101-4167363-1 10/12/00 Detroit 101-4164567-0 10/13/00 Norfolk 101-4168049-5 10/14/00 Los Angeles 101-4172904-5 10/21/00 Los Angeles 101-4175579-2 10/30/00 Los Angeles 101-4183996-8 11/07/00 Detroit 101-4183234-4 11/09/00 Detroit 101-4183251-8 11/09/00 Detroit 101-4183253-4 11/09/00 Detroit 101-4183257-5 11/09/00 Detroit 101-4183264-1 11/09/00 Detroit 101-4184811-8 11/13/00 Los Angeles 101-4184819-1 11/13/00 Los Angeles 101-4189001-1 11/14/00 Tampa 101-4185526-1 11/16/00 Detroit 101-4185535-2 11/16/00 Detroit 101-4186580-7 11/20/00 Detroit 101-4189830-3 11/20/00 Detroit 101-4189774-3 11/21/00 Detroit 101-4191183-3 11/24/00 Los Angeles 101-4191188-2 11/24/00 Los Angeles 101-4191193-2 11/24/00 Los Angeles 101-4194796-9 11/29/00 Detroit 101-4194801-7 11/29/00 Detroit 101-4196383-4 12/01/00 Los Angeles 101-4196389-1 12/01/00 Los Angeles 101-4199308-8 12/13/00 Detroit

Directs the Customs Service to liquidate or reliquidate certain entries of candles without assessment of antidumping duties and interest and to refund any amounts owed.

A bill to provide for the reliquidation of certain entries of candles.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial National Security Review Act''. SEC. 2. QUADRENNIAL NATIONAL SECURITY REVIEWS. (a) In General.--The National Security Act of 1947 is amended by inserting after section 108 (50 U.S.C. 404a) the following: ``SEC. 108A. QUADRENNIAL NATIONAL SECURITY REVIEWS. ``(a) QNSR Required.--Every four years, during a year following a year evenly divisible by four, the President shall, in consultation with the Director of the Office of Management and Budget, Congress, and the heads of other appropriate departments and agencies responsible for national security, conduct a quadrennial national security review (in this section referred to as a `QNSR') to set forth the security goals, including long-term and short-term security goals, of the United States. ``(b) Report.-- ``(1) In general.--In a year following the year in which a QNSR is conducted under this section, but not later than the date on which the President submits the budget for the next fiscal year to Congress under section 1105(a) of title 31, United States Code, the President shall submit to Congress a report on such QNSR. Such report shall include-- ``(A) a discussion of the worldwide interests, goals, and objectives of the United States that are vital to the national security of the United States; ``(B) a prioritization of the goals described in subparagraph (A); ``(C) a description of-- ``(i) which agencies and departments of the Federal Government will be responsible for achieving such goals; and ``(ii) the organizational, policy, and budget requirements of agencies and departments of the Federal Government to achieve such goals; ``(D) an assessment of potential risks to the United States, citizens of the United States, and interests of the United States and any challenges to the pursuit or attainment of such goals by the United States; ``(E) an assessment of the role of other nations in the attainment of such goals by the United States, including an assessment of political, economic, or cultural trends at the global, regional, or national level that will affect such attainment; ``(F) a discussion of the foreign policy, national defense capabilities, international cooperative efforts, and other relevant means by which to deter aggression and implement such goals and policies; ``(G) an evaluation of the capacity of the departments and agencies involved with implementing national security strategy to conduct strategic planning and national security-related operations with other agencies and departments; ``(H) an identification of the elements of national power (including political, military, economic, intelligence, legal, cultural, and educational assets and capabilities) needed to deter aggression and implement such goals and policies, including description of existing assets and capabilities available to the United States; ``(I) a description of how the Federal Government will coordinate elements of national power among agencies and departments of the Federal Government to produce unity of effort in pursuing such goals and policies; ``(J) an assessment of any additional resources, policy recommendations, or other changes needed to maximize the ability of the United States to achieve the interests, goals, and objectives discussed in the QNSR; ``(K) the national security strategy report required under section 108(a)(3); and ``(L) a projection of the costs of implementing the goals described in subparagraph (A) for the five fiscal years following the fiscal year in which the QNSR is submitted, including the cost for each agency and department and a prioritization of each program within a department or agency and an explanation of the strategic importance of such program. ``(2) Form of qnsr.--Each QNSR shall be submitted in unclassified form, but may include a classified annex. ``(c) QNSR Advisory Commission.-- ``(1) Establishment.--There is established a commission to be known as the `QNSR Advisory Commission' (in this subsection referred to as the `Commission'). ``(2) Duties.--The Commission shall assess each report submitted under subsection (b)(1) (including the national security strategy report required under section 108(a)(3)) and the national security budget. ``(3) Membership.-- ``(A) In general.--The Commission shall be composed of 15 members, of whom-- ``(i) three shall be appointed by the President; ``(ii) three shall be appointed by the Speaker of the House of Representatives; ``(iii) two shall be appointed by the minority leader of the House of Representatives; ``(iv) three shall be appointed by the majority leader of the Senate; ``(v) two shall be appointed by the minority leader of the Senate; ``(vi) one shall be appointed jointly by the Speaker and the minority leader of the House of Representatives; and ``(vii) one shall be appointed jointly by the majority leader and the minority leader of the Senate. ``(B) Qualifications.-- ``(i) Political party affiliation.--Not more than eight members of the Commission shall be from the same political party. ``(ii) Nongovernmental employees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. ``(iii) Other qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, law enforcement, the armed services, law, public administration, intelligence gathering, commerce, public diplomacy, international development, conflict resolution, economics, trade, finance, and foreign affairs. ``(C) Chair; vice chair.-- ``(i) Odd numbered reports.--During the period beginning on the date on which the Commission is established for the first time under paragraph (1) and ending on the date on which the Commission is subsequently terminated pursuant to paragraph (7)(A), and during the period beginning every eight years thereafter and ending on the date on which the Commission is subsequently terminated pursuant to paragraph (7)(A), the member appointed under subparagraph (A)(vi) shall serve as the Chair of the Commission and the member appointed under subparagraph (A)(vii) shall serve as the Vice Chair of the Commission. ``(ii) Even numbered reports.--During the period beginning on the date on which the Commission is reestablished for the first time under paragraph (7)(B) and ending on the date on which the Commission is subsequently terminated pursuant to paragraph (7)(A), and during the period beginning every eight years thereafter and ending on the date on which the Commission is subsequently terminated pursuant to paragraph (7)(A), the member appointed under subparagraph (A)(vii) shall serve as the Chair of the Commission and the member appointed under subparagraph (A)(vi) shall serve as the Vice Chair of the Commission. ``(D) Date of appointment.--All members of the Commission shall be appointed not later than 180 days after the date on which a report is submitted under subsection (b)(1). ``(E) Term.--Each member appointed under subparagraph (A) shall serve a term of 2 years. ``(F) Quorum.--Eight members of the Commission shall constitute a quorum but a lesser number may hold hearings. ``(G) Vacancy.--A vacancy on the Commission shall be filled in the same manner as the original appointment. ``(H) 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. ``(4) Staff.--The Commission may appoint and fix the pay of personnel as the Commission considers appropriate. ``(5) Powers.-- ``(A) Hearings.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. ``(B) Subpoenas.-- ``(i) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter relating to the assessment of the report submitted under subsection (b)(1) and the national security budget. ``(ii) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under clause (i), 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. ``(iii) 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. ``(iv) Service of process.--All process of any court to which application is made under clause (ii) may be served in the judicial district in which the person required to be served resides or may be found. ``(C) Information from federal agencies.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. ``(D) Support from other federal agencies.-- ``(i) Administrative.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section. ``(ii) Staff.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. ``(E) 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. ``(F) Postal service.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. ``(G) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section. ``(6) Report.--Not later than two years after the date on which a report on the QNSR is submitted under subsection (b)(1), the Commission shall submit to Congress a report containing the assessment of the Commission of such report on the QNSR and the national security budget. ``(7) Termination; reestablishment; federal advisory committee act.-- ``(A) Termination.--Subject to subparagraph (B), the Commission shall terminate on the date that is 30 days after the date on which the Commission submits a report under paragraph (6). ``(B) Reestablishment.--The Commission shall be reestablished on the date on which a report on the QNSR is submitted under subsection (b)(1). ``(C) Inapplicability of federal advisory committee act.--Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Commission.''. (b) National Security Strategy Report.--Section 108 of the National Security Act of 1947 (50 U.S.C. 404a) is amended-- (1) in subsection (a)(3)-- (A) by striking ``(3) Not'' and inserting ``(3)(A) Subject to subparagraph (B), not''; and (B) by adding at the end the following new subparagraph: ``(B) Notwithstanding subparagraph (A), in a year when a quadrennial national security review is required to be submitted under section 108A, the President shall submit the national security strategy report with the quadrennial national security review in accordance with such section.''; and (2) in subsection (b)-- (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: ``(4) Specific recommendations and initiatives with regard to organizational structure and resource allocation.''. (c) Conforming Amendment.--The table of sections in the first section of the National Security Act of 1947 is amended by adding after the item relating to section 108 the following new item: ``108A. Quadrennial national security reviews.''.

Quadrennial National Security Review Act - Amends the National Security Act of 1947 to direct the President, every four years, to: (1) conduct a quadrennial national security review (QNSR) to set forth the long- and short-term security goals of the United States; and (2) report review results to Congress. Establishes the QNSR Advisory Commission to assess such reports and the national security budget. Directs the President to submit a national security strategy report at the same time that each QNSR is submitted.

To provide for quadrennial national security reviews, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``California Ocean Protection Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) the coast of California possesses unique historical, ecological, educational, recreational, economic, and research values that are appropriate for protection under Federal law; (2) the threat to the coast of California, a national treasure, continues to intensify as a result of fossil fuel exploration and development, mineral extraction, and the burning and dumping of toxic and hazardous wastes; (3) the activities referred to in paragraph (2) could result in irreparable damage to the coast of California; and (4) the establishment of an ocean protection zone off the coast of California would enhance recreational and commercial fisheries, and the use of renewable resources within the zone. SEC. 3. DEFINITIONS. As used in this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Development.--The term ``development'' has the same meaning as is provided in section 2(l) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(l)). (3) Exclusive economic zone.--The term ``Exclusive Economic Zone'' means the Exclusive Economic Zone of the United States, as defined by Presidential Proclamation 5030 of March 10, 1983. (4) Exploration.--The term ``exploration'' has the same meaning as is provided in section 2(k) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(k)). (5) Harmful ocean dumping.--The term ``harmful ocean dumping'' shall have the meaning provided by the Administrator, in consultation with the heads of other Federal agencies whom the Administrator determines to be appropriate. The term shall not include-- (A) a de minimus disposal of vessel waste; (B) the disposal of dredged material that-- (i) would meet the requirements for disposal under the criteria established under section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413), including regulations promulgated under such section; or (ii) is disposed of pursuant to a permit issued pursuant to such section; (C) a discharge that is authorized under a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); and (D) a disposal that is carried out by an appropriate Federal agency under title I of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1411 et seq.). (6) Minerals.--The term ``minerals'' has the same meaning as is provided in section 2(q) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(q)). (7) Outer continental shelf.--The term ``outer Continental Shelf'' has the same meaning as is provided under section 2(a) of such Act (43 U.S.C. 1331(a)). (8) Person.--The term ``person'' has the same meaning as is provided in section 2(d) of such Act (43 U.S.C. 1331(d)). (9) Production.--The term ``production'' has the same meaning as is provided in section 2(m) of such Act (43 U.S.C. 1331(m)). (10) Territorial sea .--The term ``territorial sea'' means the belt of sea measured from the baseline of the United States, determined in accordance with international law, as set forth in Presidential Proclamation 5928, dated December 27, 1988. (11) Zone.--The term ``Zone'' means the California Ocean Protection Zone established under section 4. SEC. 4. DESIGNATION OF CALIFORNIA OCEAN PROTECTION ZONE. There is hereby established a California Ocean Protection Zone. The Zone shall consist of-- (1) waters of the Exclusive Economic Zone that are contiguous to those waters of the territorial sea that are contiguous to the State of California; and (2) that portion of the outer Continental Shelf underlying the waters. SEC. 5. RESTRICTIONS. (a) Mineral Exploration, Development, and Production.-- (1) Issuance of leases, permits, and licenses.-- Notwithstanding any other provision of law, the head of a Federal agency may not issue a lease, permit, or license for the exploration for or development or production of oil, gas, or other minerals in or from the Zone. (2) Exploration, development, and production.-- (A) In general.--Notwithstanding any other provision of law, a person may not engage in the exploration for or development or production of oil, gas, or other minerals in or from the Zone after the date-- (i) of the cancellation, expiration, transfer, relinquishment, or termination of a lease, permit, or license in effect on the date of enactment of this Act that permits the exploration, development, or production; (ii) of the suspension of operations associated with the exploration, development, or production under regulations described in subparagraph (B); or (iii) on which a lease, permit, or license for the exploration, development, or production in any way becomes inactive, as determined by the Secretary of the Interior under regulations described in subparagraph (B). (B) Regulations.--The regulations referred to in subparagraph (A) are those regulations implementing the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), as in effect on January 1, 1986. (3) Lease defined.--The term ``lease'' has the meaning provided in section 2(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(c)). (b) Ocean Incineration and Dumping.--Notwithstanding any other provision of law, the head of a Federal agency may not issue a lease, permit, or license for-- (1) ocean incineration or harmful ocean dumping within the Zone; or (2) any onshore facility that facilitates ocean incineration or harmful ocean dumping within the Zone. SEC. 6. FISHING. This Act is not intended to regulate, restrict, or prohibit commercial or recreational fishing, or other harvesting of ocean life in the Zone.

California Ocean Protection Act of 1993 - Establishes a California Ocean Protection Zone consisting of: (1) the waters of the Exclusive Economic Zone that are contiguous to territorial sea waters that are contiguous to California; and (2) that portion of the Outer Continental Shelf underlying the waters. Bars Federal agencies from issuing leases or permits for: (1) oil, gas, or mineral exploration, development, or production in the Zone; and (2) ocean incineration or harmful ocean dumping or for any onshore facility that facilitates incineration or dumping within the Zone. Prohibits exploration, development, or production activities after an existing lease or permit terminates or becomes inactive or operations associated with such activities under regulations implementing the Outer Continental Shelf Lands Act are suspended.

California Ocean Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Fuel Vehicle Acceleration Act of 2001''. SEC. 2. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Alternative fuel vehicle.-- (A) In general.--Except as provided in subparagraph (B), the term ``alternative fuel vehicle'' means a motor vehicle that is powered-- (i) in whole or in part by electricity, including electricity supplied by a fuel cell; (ii) by liquefied natural gas; (iii) by compressed natural gas; (iv) by liquefied petroleum gas; (v) by hydrogen; or (vi) by methanol at no less than 85 percent by volume. (B) Exclusions.--The term ``alternative fuel vehicle'' does not include-- (i) any vehicle designed to operate solely on gasoline or diesel derived from fossil fuels, regardless of whether it can also be operated on an alternative fuel; or (ii) any vehicle that the Secretary determines, by rule, does not yield substantial environmental benefits over a vehicle operating solely on gasoline or diesel derived from fossil fuels. (2) Pilot program.--The term ``pilot program'' means the competitive grant program established under section 3. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. PILOT PROGRAM. (a) Establishment.--The Secretary shall establish an alternative fuel vehicle energy demonstration and commercial application of energy technology competitive grant pilot program to provide not more than 15 grants to State governments, local governments, or metropolitan transportation authorities to carry out a project or projects for the purposes described in subsection (b). (b) Grant Purposes.--Grants under this section may be used for the following purposes: (1) The acquisition of alternative fuel vehicles, including-- (A) passenger vehicles; (B) buses used for public transportation or transportation to and from schools; (C) delivery vehicles for goods or services; (D) ground support vehicles at public airports, including vehicles to carry baggage or push airplanes away from terminal gates; and (E) motorized two-wheel bicycles, scooters, or other vehicles for use by law enforcement personnel or other State or local government or metropolitan transportation authority employees. (2) Infrastructure necessary to directly support a project funded by the grant, including fueling and other support equipment. (3) Operation and maintenance of vehicles, infrastructure, and equipment acquired as part of a project funded by the grant. (c) Applications.-- (1) Requirements.--The Secretary shall issue requirements for applying for grants under the pilot program. At a minimum, the Secretary shall require that applications be submitted by the head of a State or local government or a metropolitan transportation authority, or any combination thereof, and shall include-- (A) at least one project to enable passengers or goods to be transferred directly from one alternative fuel vehicle to another in a linked transportation system; (B) a description of the projects proposed in the application, including how well they meet the requirements of this Act; (C) an estimate of the ridership or degree of use of the projects proposed in the application; (D) an estimate of the air pollution emissions reduced and fossil fuel displaced as a result of the projects proposed in the application, and a plan to collect and disseminate environmental data, related to the projects to be funded under the grant, over the life of the projects; (E) a description of how the projects proposed in the application will be sustainable without Federal assistance after the completion of the term of the grant; (F) a complete description of the costs of each project proposed in the application, including acquisition, construction, operation, and maintenance costs over the expected life of the project; and (G) a description of which costs of the projects proposed in the application will be supported by Federal assistance and which by assistance from non- Federal partners, including State and local governments, metropolitan transportation authorities, and private entities. (2) Partners.--An applicant under paragraph (1) may carry out projects under the pilot program in partnership with one or more private entities. (d) Selection Criteria.--In evaluating applications under the pilot program, the Secretary shall consider each applicant's previous experience involving alternative fuel vehicles and shall give priority consideration to applications that-- (1) are most likely to maximize protection of the environment; (2) demonstrate the greatest commitment on the part of the applicant to ensure funding for the proposed projects and the greatest likelihood that each project proposed in the application will be maintained or expanded after Federal assistance under this Act is completed; and (3) exceed the minimum requirements of subsection (c)(1)(A). (e) Pilot Project Requirements.-- (1) Maximum amount.--The Secretary shall not provide more than $20,000,000 in Federal assistance under the pilot program to any applicant. (2) Cost sharing.--The Secretary shall not provide more than 50 percent of the cost, incurred during the period of the grant, of any project under the pilot program. (3) Maximum period of grants.--The Secretary shall not fund any applicant under the pilot program for more than 5 years. (4) Deployment and distribution.--The Secretary shall seek to the maximum extent practicable to achieve nationwide deployment of alternative fuel vehicles through the pilot program, and shall ensure a broad geographic distribution of project sites. (5) Transfer of information and knowledge.--The Secretary shall establish mechanisms to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications. (f) Schedule.-- (1) Publication.--Not later than 90 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register, Commerce Business Daily, and elsewhere as appropriate, a request for applications to undertake projects under the pilot program. Applications shall be due within 180 days of the publication of the notice. (2) Selection.--Not later than 180 days after the date by which applications for grants are due, the Secretary shall select by competitive, peer review all applications for projects to be awarded a grant under the pilot program. SEC. 4. REPORTS TO CONGRESS. (a) Initial Report.--Not later than 60 days after the date grants are awarded under this Act, the Secretary shall transmit to the Committee on Science of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing-- (1) an identification of the grant recipients and a description of the projects to be funded; (2) an identification of other applicants that submitted applications for the pilot program; and (3) a description of the mechanisms used by the Secretary to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications. (b) Evaluation.--Not later than 3 years after the date of enactment of this Act, and annually thereafter until the pilot program ends, the Secretary shall transmit to the Committee on Science of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing an evaluation of the effectiveness of the pilot program, including an assessment of the benefits to the environment derived from the projects included in the pilot program as well as an estimate of the potential benefits to the environment to be derived from widespread application of alternative fuel vehicles. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary $200,000,000 to carry out this Act, to remain available until expended.

Alternative Fuel Vehicle Acceleration Act of 2001 - Directs the Secretary of Energy to establish an alternative fuel vehicle energy demonstration and commercial application of energy technology competitive grant pilot program to provide not more than 15 grants to State governments, local governments, or metropolitan transportation authorities to acquire alternative fuel vehicles.

To establish an alternative fuel vehicle energy demonstration and commercial application of energy technology competitive grant pilot program within the Department of Energy to facilitate the use of alternative fuel vehicles.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Federal Lands Management Demonstration Project''. SEC. 2. CONGRESSIONAL FINDINGS; PURPOSES. (a) Findings.--Congress finds and declares the following: (1) The Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) established new and expanded units of the National Park System and the National Wildlife System in many areas of Alaska. The purposes of these conservation system units were, among other purposes, to protect habitat for fish and wildlife, to conserve fish and wildlife populations in their natural state, to provide continued opportunity for subsistence uses by local residents, and to protect archaeological sites associated with Native cultures. (2) Many rural Alaskan communities are in close proximity to conservation system lands, and the purposes of these units are uniquely relevant to the culture and ways of Native Alaskans and other residents of rural Alaskan communities. Congress recognized this close relationship in sections 1306, 1307 and 1308 of the Alaska National Interest Lands Conservation Act, which directed the Secretary of Interior to establish programs whereby Native lands were given preference for the siting of conservation service unit facilities, Native corporations and local residents were given preference for the provision of visitor services, and local residents were given preferences for employment. Despite these provisions, little progress has been made in increasing related employment opportunities for Native Alaskan and other local residents. (3) In much of rural Alaska, Indian tribes and tribal organizations have a long history of contracting to operate Federal programs and provide Federal services to resident Alaskan Natives and have demonstrated the capacity to provide other kinds of Federal programs and services. (b) Purposes.--The purposes of this demonstration project are to design innovative management strategies that will lead to greater efficiency in conservation system unit management, expand Native contracting opportunities, increase local employment, and further the unique purposes of these units as they relate to subsistence practices, Alaska Native cultures, and the preservation of fish and wildlife habitat and populations. SEC. 3. AUTHORIZATION OF DEMONSTRATION PROJECT. The Secretary of the Interior shall, for a period not to exceed 5 years following the date of the enactment of this Act, conduct an Alaska Federal Lands Management Demonstration Project. SEC. 4. ALASKA FEDERAL LANDS MANAGEMENT DEMONSTRATION PROJECT. (a) Participation.--The Secretary shall select, upon request and in a manner to achieve geographic representation, not less than 6 eligible Alaska Native tribes or tribal organizations per year to participate in the Demonstration Project in fiscal years 2000 and 2001. (b) Eligibility.--To be eligible to participate in the Demonstration Project, each Indian tribe or tribal organization shall-- (1) request participation by resolution or other official action of the governing body of the tribal organization; (2) demonstrate financial and management stability and capability; (3) demonstrate significant use of or dependency upon the relevant conservation system unit or other public land unit for which programs, functions, services, and activities are requested to be placed under contract; (4) where the Secretary receives a request to contract specific conservation system unit programs, services, functions, and activities, or portions thereof, from more than 1 Indian tribe or tribal organization meeting the criteria set forth in paragraphs (1) through (3), the Secretary shall apply the priority selection criteria applied by the Juneau Area Bureau of Indian Affairs for contracting pursuant to the Indian Self-Determination and Education Assistance Act. If, after applying such criteria, there remains more than one eligible participant and such participants have overlapping requests to negotiate and contract for the same programs, services, functions, and activities, or portions thereof, the Secretary may require such Indian tribes or organizations to agree which entity shall have the ability to contract, or to submit a joint request prior to entering into negotiations. (c) Contracts.-- (1) In general.--Upon request, the Secretary shall negotiate and enter into a contract with each participating Indian tribe or tribal organization to plan, conduct and administer requested programs, services, functions and activities, or portions thereof, related to the administration of a conservation system unit or other public land unit that is substantially located within the geographic region of the respective Indian tribe or tribal organization. (2) Technical support.--Contracts authorized by this Act shall include, at the request of the Indian tribe or tribal organization, the operation and support of the regional advisory councils, biological research, harvest monitoring, and other technical research related to conservation and allocation actions by the regional councils, and such other programs, functions, services, and activities reasonably necessary to carry out title VIII of the Alaska National Interests Lands Conservation Act. (3) Time limitation for negotiation of contracts.--Not later than 90 days after selection by the Secretary of participating Indian tribes or tribal organizations, the Secretary shall initiate and conclude negotiations, unless an alternative negotiation and implementation schedule is otherwise mutually agreed to by the parties. The declination and appeals provisions of the Indian Self-Determination and Education Assistance Act, including section 110 of such Act, shall apply to contracts and agreements requested and negotiated under this Act. (d) Contract Administration.-- (1) Inclusion of certain terms.--At the request of the contracting Indian tribe or tribal organization, the benefits, privileges, terms, and conditions of agreements entered into pursuant to titles I and IV of the Indian Self-Determination and Education Assistance Act shall be available for inclusion in a contract entered into under this Act. If any provisions of the Indian Self-Determination and Education Assistance Act are incorporated they shall have the same force and effect as if set out in full in this Act and shall apply notwithstanding any other provision of law. The parties may include such other terms and conditions as are mutually agreed to and not otherwise contrary to law. (2) Audit.--Contracts entered into under this Act shall provide for a single-agency audit report to be filed as required by chapter 75 of title 31, United States Code. (3) Transfer of employees.--Any career Federal employee employed at the time of the transfer of an operation or program to an Indian tribe or tribal organization shall not be separated from Federal service by such transfer. Intergovernmental Personnel Actions may be used to transfer supervision of such employees to the contracting Indian tribe or tribal organization. Such transferred employees shall be given priority placement for any available position within their respective agency, notwithstanding any priority reemployment lists, directives, rules, regulations or other orders from the Department of the Interior, the Office of Management and Budget, or other Federal agencies. (e) Available Funding; Payment.--Under the terms of a contract negotiated pursuant to subsection (a), the Secretary shall provide each Indian tribe or tribal organization funds in an amount not less than the Secretary would have otherwise provided for the operation of the requested programs, services, functions, and activities. Contracts entered into under this Act shall provide for advance payments to the tribal organizations in the form of annual or semiannual installments. (f) Timing.--Indian tribes and tribal organizations selected to participate shall be entitled to begin implementation of any requested contracts no later than the first fiscal year following the year in which the Indian tribe or tribal organization is selected for participation, unless the Indian tribe or tribal organization and the Secretary, by mutual agreement, shall agree to an alternate implementation schedule. (g) Report.--Not later than 90 days after the close of fiscal years 2000 and 2001 and the end of this Demonstration Project, the Secretary shall present to the Congress detailed reports, including a narrative, findings, and conclusions on the costs and benefits of the Demonstration Project. The reports shall identify remaining institutional and legal barriers to the contracting of conservation system unit management to Alaska Native entities and shall contain suggestions for improving, continuing, and expanding the Demonstration Project. The reports shall be authored jointly with, and shall include the separate views of, all participating Alaska Native tribes and tribal organizations. (h) Limitations.-- (1) Revenue producing visitor services.--Contracts authorized under this Act shall not include revenue producing visitor services unless an agreement is reached with the most directly affected Alaskan Native corporations to allow such services to be included in the contract. Such contracts shall not otherwise repeal, alter, or otherwise modify the any other existing provision of sections 1307 and 1308 of the Alaska National Interests Lands Conservation Act. (2) Denali national park.--The Denali National Park shall not be subject to any of the provisions of this Act. (i) Grants.-- (1) In general.--Upon application, the Secretary shall award a planning grant in the amount of $100,000 to any participating Alaska Native tribe or tribal organization to plan for the contracting of programs, functions, services, and activities authorized under this Act. (2) Authorization of appropriations.--There is authorized to be appropriated $600,000 in each of the 2 fiscal years immediately following the date of the enactment of this Act to fund planning grants authorized under this subsection. SEC. 5. ANILCA SECTION 1307 AND 1308 IMPLEMENTATION PROGRESS REPORT. (a) Report Required.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall transmit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives a report detailing the progress that the Department of the Interior has made in the implementation of the provisions of sections 1307 and 1308 of the Alaska National Interests Lands Conservation Act. The report shall-- (1) include a detailed action plan on the future implementation of the provisions of sections 1307 and 1308 of that Act; (2) describe in detail the measures and actions that will be taken to implement such sections, along with a description of the anticipated results to be achieved during the 3 fiscal years following the submission of the report; (3) address any laws, rules, regulations, and policies which limit or deter the goal of Alaska Native hiring or contracting to perform and conduct activities and programs of Department agencies and bureaus other than those currently available through the Bureau of Indian Affairs. (b) Funding.--The report required under subsection (a) shall be completed within existing appropriations. SEC. 6. DEFINITIONS.-- For the purposes of this Act: (1) Conservation system unit.--The term ``conservation system unit'' shall have the meaning given that term in section 102(4) of the Alaska National Interest Lands Conservation Act. (2) Indian tribe.--The term ``Indian tribe'' shall have the meaning given that term in subsection 4(e) of the Indian Self- Determination and Education Assistance Act. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Tribal organization.--The term ``tribal organization'' shall have the meaning given that term in subsection 4(l) of the Indian Self-Determination and Education Assistance Act.

Requires the Secretary to: (1) select not less than six eligible Alaska Native tribes or tribal organizations per year to participate in the Project in FY 2000 and 2001; and (2) negotiate and enter into a contract with each participant to plan, conduct, and administer requested programs and services related to the administration of a conservation system unit or other public land unit substantially located within the respective Indian tribe's or tribal organization's geographic region. Requires contracts to include, at the participant's request, the operation and support of the regional advisory councils, biological research, harvest monitoring, and other technical research related to conservation and allocation actions by the regional councils and such other programs and services reasonably necessary to carry out title VIII of the Alaska National Interests Lands Conservation Act (ANILCA). Makes available the benefits, privileges, terms, and conditions of agreements entered into pursuant to titles I and IV of the Indian Self-Determination and Education Assistance Act for inclusion in the contract, at the request of the contracting tribe or tribal organization. Prohibits the separation of any career Federal employee employed at the time of the transfer of an operation or program from Federal service to a tribe or tribal organization. Directs the Secretary to provide each tribe or tribal organization funds that would have otherwise been provided for the operation of the requested programs and services. Specifies that contracts shall not include revenue producing visitor services unless an agreement is reached with the most directly affected Alaska Native corporations. Exempts Denali National Park from the provisions of this Act. Requires the Secretary, upon application, to award a planning grant to any participating Alaska Native tribe or tribal organization to plan for the contracting of programs and services authorized under this Act. Authorizes appropriations. Requires transmittal by the Secretary to the appropriate congressional committees of a report on the progress that the Department of the Interior has made in the implementation of ANILCA provisions concerning: (1) the continuation of existing visitor services in areas established as or added to a conservation system unit; and (2) establishment of a program for hiring individuals who, by reason of having lived or worked in or near public lands, have special knowledge or expertise concerning the natural or cultural resources of public lands, without regard to certain civil service training requirements, employment preferences, or numerical limitations.

Alaska Federal Lands Management Demonstration Project

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Police Training Commission Act of 1999''. SEC. 2. ESTABLISHMENT. There is established, subject to the availability of appropriations, a commission to be known as the ``National Police Training Commission'' (hereinafter in this Act referred to as the ``Commission''). SEC. 3. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 5 members appointed as follows: (1) The majority and minority leaders of the Senate shall each appoint 1 member. (2) The Speaker of the House of Representatives and the minority leader of the House shall each appoint 1 member. (3) The 4 members appointed under paragraphs (1) and (2) shall then select 1 member. (b) Eligibility and Qualifications.-- (1) Eligibility.--The members of the Commission shall be individuals who have knowledge or expertise, whether by experience or training, in matters to be studied by the Commission under this Act. The members may be from the public or private sector, and may include Federal, State, or local officers or employees (other than those holding elective office), members of academia, non-profit organizations, or other interested individuals. (2) Qualifications.--The members of the Commission shall be individuals who possess relevant backgrounds, credentials, and experience in some or all of the following: (A) Civil and criminal litigation. (B) Administrative and management functions of law enforcement in major cities and smaller communities. (C) Community relations. (c) Term.--Each member shall be appointed for the life of the Commission. (d) Length of Commission.--The Commission shall cease to exist 1 year after the initial appointment of the 4 members described in paragraphs (1) and (2) of subsection (a). The initial appointment of the 4 members so described shall not take effect until the later of October 1, 1999 or the date on which appropriations are made available for the expenses of the Commission. (e) Vacancies.--Except as otherwise provided in this subsection, a vacancy in the Commission shall be filled in the manner in which the original appointment was made, and shall not affect the power of the remaining members to execute the duties of the Commission. If any of the original appointments are not made by the day that is 30 days after the date of the enactment of this Act, any members already appointed shall fill any vacancy existing on that date. (f) Meetings.--The Commission shall meet at the call of the Chairperson. (g) Chairperson.--The Chairperson of the Commission shall be elected by the members. SEC. 4. FUNCTIONS. (a) Study.--The Commission shall conduct a study of the effectiveness of training, recruiting, hiring, oversight, and funding policies and practices in law enforcement, including the following: (1) Training: policies, practices, and organizational strategies of law enforcement, and training and instruction in the use of force, the use of non lethal force, tactical and defensive tactical; arrests, searches and handcuffing; verbal communication; vehicle use; initial and continuing cultural diversity training; community relations and sensitivity training of law enforcement vis a vis the community and the community vis a vis law enforcement. (2) Recruitment and Hiring: policies and practices in hiring and recruiting law enforcement officers and identifying and setting standards for hiring regarding educational and psychological backgrounds; diversity; lengths of probationary periods. (3) Oversight: complaint procedures regarding police officers, including screening, organization, and training of investigatory staff; the availability and fairness of due process requirements for members of the public and law enforcement officers, and obstacles to ensuring objective and timely investigations; discrimination and harassment, including the relationship between police and prosecutors; perjury, including the ``code of silence''. (4) Funding: the effectiveness of the use of funding for programs relating to matters described in paragraphs (1) through (3) of this subsection, whether derived from the Violent Crime Control and Law Enforcement Act of 1994 or otherwise, by cities listed in section 210501 of such Act.''. (b) Report.--Not later than 1 year after the initial appointment of the 4 members described in paragraphs (1) and (2) of section 3(a), the Commission shall submit a report to Congress of the results of its study, including any recommendations the Commission may make with regard to the matters studied including best practices. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under section 4. Upon the request of the Commission, the head of such department or agency may furnish such information to the Commission. (b) Service Not Compensated.--Each member of the Commission shall serve without compensation, and members who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (c) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission. (d) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment and termination of an executive director shall be subject to confirmation by a majority of the members of the Commission. (2) Compensation.--The executive director shall be compensated at a rate not to exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. The Chairman may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Detail of government employees.--Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (f) Meetings.--The Commission shall meet at the call of the Chairman. (g) Quorum; Voting; Rules.--Two members of the Commission shall constitute a quorum to conduct business. Each member of the Commission shall have one vote, and the vote of each member shall be accorded the same weight. The Commission may establish by vote of a majority of its members any other rules for the conduct of the Commission's business, if such rules are not inconsistent with this Act or other applicable law. (h) Use of Information Acquired by the Commission.--Information acquired by the Commission for its study shall be used only for research, statistical, and reporting purposes. (i) Information to be Kept Confidential.--Information the Commission determines is confidential, including the identity of law enforcement officers and members of the public, shall not be disclosed to the public, nor made a part of any public findings, nor made a part of any report published by the Commission. (j) Applicability of Federal Tort Claims Provisions.--For purposes of sections 1346(b) and 2401(b) and chapter 171 of title 28, United States Code, the Commission is a Federal agency and each of the members and personnel of the Commission is an employee of the Government. This subsection shall not be construed to imply that any commission is not a Federal agency or that any of the members or personnel of a commission is not an employee of the Government for purposes of sections 1346(b) and 2401(b) and chapter 171 of title 28, United States Code. (k) Hearings.-- (1) In general.--The Commission may hold such hearings, sit and act at such times and places, administer such oaths, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under section 4. (2) Witness expenses.--Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Commission. SEC. 6. TRAINING. Section 210501 of the Violent Crime Control and Law Enforcement Act of 1994 is amended-- (1) in subsection (b)(1)(A), by inserting ``, and provide, under paragraph (4), training, recruitment, hiring, and oversight assistance'' before the semicolon; and (2) in subsection (b), by adding at the end the following: ``(4) The training, recruitment, hiring, and oversight assistance under paragraph (1)(A) shall be given to the following cities: New York, New York, Chicago, Illinois, Los Angeles, California, Washington, District of Columbia, and Charlotte, North Carolina, and to one police department from each of the 4 geographical regions of the country (northeast, south, midwest, and west) 2 of which have less than 100 police officers and 2 of which have less than 300 police officers, as determined by the National Police Training Commission The assistance may include funding for equipment, not to exceed 10 percent of the amount of the grant made to each city. The money appropriated for such assistance shall be distributed to those locations in proportion to the size of their police departments and upon receipt of written assurances from the police department that the department will provide access to its operations to the Commission. There are authorized to be appropriated for fiscal year 2000 for the purposes of such assistance the sum of $3,000,000.''. SEC. 7. DATA ON DEATHS WHILE IN CUSTODY. Section 20101(b) of the Violent Crime Control and Law Enforcement Act of 1994 is amended-- (1) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; and (2) by inserting after paragraph (5) the following: ``(6) assurances that the State will follow the guidelines established by the Attorney General in reporting, on a quarterly basis, information regarding death of any person who is in the process of arrest, has been incarcerated or is en route to be incarcerated at any municipal or county jail, State prison, or other local or State correctional facility (including any juvenile facility) that, at a minimum, includes-- ``(A) the name, gender, ethnicity, and age of the deceased; ``(B) the date, time, and location of death; and ``(C) a brief description of the circumstances surrounding the death.''.

(Sec. 6) Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize appropriations for training, recruitment, hiring, and oversight assistance to New York, New York, Chicago, Illinois, Los Angeles, California, Washington, D.C., Charlotte, North Carolina, and to one police department from each of the four geographical regions of the country, two of which have less than 100 police officers and two of which have less than 300 police officers. Authorizes the assistance to include funding for equipment, not to exceed ten percent of the amount of the grant made to each city. Directs that money appropriated for such assistance be distributed to those cities in proportion to the size of their police departments and upon receipt of written assurances from the police department that the department will provide access to its operations to the Commission. (Sec. 7) Amends VCCLEA to require a State or States organized as multi-State compacts, to be eligible to receive a Violent Offender Incarceration and Truth-in-Sentencing Incentive Grant, to include in the application assurances that the State will follow the guidelines established by the Attorney General in reporting, on a quarterly basis, specified data on deaths of persons in custody.

National Police Training Commission Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arbitration Fairness Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Federal Arbitration Act (now enacted as chapter 1 of title 9 of the United States Code) was intended to apply to disputes between commercial entities of generally similar sophistication and bargaining power. (2) A series of United States Supreme Court decisions have changed the meaning of the Act so that it now extends to disputes between parties of greatly disparate economic power, such as consumer disputes and employment disputes. As a result, a large and rapidly growing number of corporations are requiring millions of consumers and employees to give up their right to have disputes resolved by a judge or jury, and instead submit their claims to binding arbitration. (3) Most consumers and employees have little or no meaningful option whether to submit their claims to arbitration. Few people realize, or understand the importance of the deliberately fine print that strips them of rights; and because entire industries are adopting these clauses, people increasingly have no choice but to accept them. They must often give up their rights as a condition of having a job, getting necessary medical care, buying a car, opening a bank account, getting a credit card, and the like. Often times, they are not even aware that they have given up their rights. (4) Private arbitration companies are sometimes under great pressure to devise systems that favor the corporate repeat players who decide whether those companies will receive their lucrative business. (5) Mandatory arbitration undermines the development of public law for civil rights and consumer rights, because there is no meaningful judicial review of arbitrators' decisions. With the knowledge that their rulings will not be seriously examined by a court applying current law, arbitrators enjoy near complete freedom to ignore the law and even their own rules. (6) Mandatory arbitration is a poor system for protecting civil rights and consumer rights because it is not transparent. While the American civil justice system features publicly accountable decision makers who generally issue written decisions that are widely available to the public, arbitration offers none of these features. (7) Many corporations add to their arbitration clauses unfair provisions that deliberately tilt the systems against individuals, including provisions that strip individuals of substantive statutory rights, ban class actions, and force people to arbitrate their claims hundreds of miles from their homes. While some courts have been protective of individuals, too many courts have upheld even egregiously unfair mandatory arbitration clauses in deference to a supposed Federal policy favoring arbitration over the constitutional rights of individuals. SEC. 3. DEFINITIONS. Section 1 of title 9, United States Code, is amended-- (1) by amending the heading to read as follows: ``Sec. 1. Definitions''; (2) by inserting before ```Maritime''' the following: ``As used in this chapter--''; (3) by striking ```Maritime transactions''' and inserting the following: ``(1) `maritime transactions';''; (4) by striking ``commerce'' and inserting the following: ``(2) `commerce'''; (5) by striking ``, but nothing'' and all that follows through the period at the end, and inserting a semicolon; and (6) by adding at the end the following: ``(3) `employment dispute', as herein defined, means a dispute between an employer and employee arising out of the relationship of employer and employee as defined by the Fair Labor Standards Act; ``(4) `consumer dispute', as herein defined, means a dispute between a person other than an organization who seeks or acquires real or personal property, services, money, or credit for personal, family, or household purposes and the seller or provider of such property, services, money, or credit; ``(5) `franchise dispute', as herein defined, means a dispute between a franchisor and franchisee arising out of or relating to contract or agreement by which-- ``(A) a franchisee is granted the right to engage in the business of offering, selling, or distributing goods or services under a marketing plan or system prescribed in substantial part by a franchisor; ``(B) the operation of the franchisee's business pursuant to such plan or system is substantially associated with the franchisor's trademark, service mark, trade name, logotype, advertising, or other commercial symbol designating the franchisor or its affiliate; and ``(C) the franchisee is required to pay, directly or indirectly, a franchise fee; and ``(6) `pre-dispute arbitration agreement', as herein defined, means any agreement to arbitrate disputes that had not yet arisen at the time of the making of the agreement.''. SEC. 4. VALIDITY AND ENFORCEABILITY. Section 2 of title 9, United States Code, is amended-- (1) by amending the heading to read as follows: ``Sec. 2. Validity and enforceability'', (2) by inserting ``(a)'' before ``A written''; (3) by striking ``, save'' and all that follows through ``contract'', and inserting ``to the same extent as contracts generally, except as otherwise provided in this title''; and (4) by adding at the end the following: ``(b) No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of-- ``(1) an employment, consumer, or franchise dispute; or ``(2) a dispute arising under any statute intended to protect civil rights or to regulate contracts or transactions between parties of unequal bargaining power. ``(c) An issue as to whether this chapter applies to an arbitration agreement shall be determined by Federal law. Except as otherwise provided in this chapter, the validity or enforceability of an agreement to arbitrate shall be determined by the court, rather than the arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. ``(d) Nothing in this chapter shall apply to any arbitration provision in a collective bargaining agreement.''. SEC. 5. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the date of the enactment of this Act and shall apply with respect to any dispute or claim that arises on or after such date.

Arbitration Fairness Act of 2007 - Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of: (1) an employment, consumer, or franchise dispute, or (2) a dispute arising under any statute intended to protect civil rights or to regulate contracts or transactions between parties of unequal bargaining power. Declares, further, that the validity or enforceability of an agreement to arbitrate shall be determined by a court, under federal law, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. Exempts arbitration provisions in collective bargaining agreements from this Act.

A bill to amend chapter 1 of title 9 of United States Code with respect to arbitration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business 7(a) Lending Oversight Reform Act of 2018''. SEC. 2. DEFINITIONS. In this Act, the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively. SEC. 3. CODIFICATION OF THE OFFICE OF CREDIT RISK MANAGEMENT AND THE LENDER OVERSIGHT COMMITTEE. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 47 as section 49; and (2) by inserting after section 46 the following new sections: ``SEC. 47. OFFICE OF CREDIT RISK MANAGEMENT. ``(a) Establishment.--There is established within the Administration the Office of Credit Risk Management (in this section referred to as the `Office'). ``(b) Duties.--The Office shall be responsible for supervising-- ``(1) any lender making loans under section 7(a) (in this section referred to as a `7(a) lender'); ``(2) any Lending Partner or Intermediary participant of the Administration in a lending program of the Office of Capital Access of the Administration; and ``(3) any small business lending company or a non-Federally regulated lender without regard to the requirements of section 23. ``(c) Director.-- ``(1) In general.--The Office shall be headed by the Director of the Office of Credit Risk Management (in this section referred to as the `Director'), who shall be a career appointee in the Senior Executive Service (as defined in section 3132 of title 5, United States Code). ``(2) Duties.--The Director shall be responsible for oversight of the lenders and participants described in subsection (b), including by conducting periodic reviews of the compliance and performance of such lenders and participants. ``(d) Supervision Duties for 7(a) Lenders.--With respect to 7(a) lenders, an employee of the Office shall-- ``(1) be present for and supervise any such review that is conducted by a contractor of the Office on the premise of the 7(a) lender; and ``(2) supervise any such review that is not conducted on the premise of the 7(a) lender. ``(e) Enforcement Authority Against 7(a) Lenders.-- ``(1) Informal enforcement authority.--The Director may take an informal enforcement action against a 7(a) lender if the Director finds that the 7(a) lender has violated a statutory or regulatory requirement under section 7(a) or any requirement in a Standard Operating Procedures Manual or Policy Notice related to a program or function of the Office of Capital Access. ``(2) Formal enforcement authority.-- ``(A) In general.--With the approval of the Lender Oversight Committee established under section 48, the Director may take a formal enforcement action against any 7(a) lender if the Director finds that the 7(a) lender has violated-- ``(i) a statutory or regulatory requirement under section 7(a), including a requirement relating to credit elsewhere; or ``(ii) any requirement described in a Standard Operating Procedures Manual or Policy Notice, related to a program or function of the Office of Capital Access. ``(B) Enforcement actions.--An enforcement action imposed on a 7(a) lender by the Director under subparagraph (A) shall be based on the severity or frequency of the violation and may include assessing a civil monetary penalty against the 7(a) lender in an amount that is not greater than $250,000. ``(3) Appeal by lender.--A 7(a) lender may appeal an enforcement action imposed by the Director described in this subsection to the Office of Hearings and Appeals established under section 5(i) or to an appropriate district court of the United States. ``(f) Regulations.--Not later than 1 year after the date of the enactment of this section, the Administrator shall issue regulations, after opportunity for notice and comment, to carry out subsection (e). ``(g) Servicing and Liquidation Responsibilities.--During any period during which a 7(a) lender is suspended or otherwise prohibited from making loans under section 7(a), the 7(a) lender shall remain obligated to maintain all servicing and liquidation activities delegated to the lender by the Administrator, unless otherwise specified by the Director. ``(h) Portfolio Risk Analysis of 7(a) Loans.-- ``(1) In general.--The Director shall annually conduct a risk analysis of the portfolio of the Administration with respect to all loans guaranteed under section 7(a). ``(2) Report to congress.--On December 1, 2018, and every December 1 thereafter, the Director shall submit to Congress a report containing the results of each portfolio risk analysis conducted under paragraph (1) during the fiscal year preceding the submission of the report, which shall include-- ``(A) an analysis of the overall program risk of loans guaranteed under section 7(a); ``(B) an analysis of the program risk, set forth separately by industry concentration; ``(C) without identifying individual 7(a) lenders by name, a consolidated analysis of the risk created by the individual 7(a) lenders responsible for not less than 1 percent of the gross loan approvals set forth separately for the year covered by the report by-- ``(i) the dollar value of the loans made by such 7(a) lenders; and ``(ii) the number of loans made by such 7(a) lenders; ``(D) steps taken by the Administrator to mitigate the risks identified in subparagraphs (A), (B), and (C); ``(E) the number of 7(a) lenders, the number of loans made, and the gross and net dollar amount of loans made; ``(F) the number and dollar amount of total losses, the number and dollar amount of total purchases, and the percentage and dollar amount of recoveries at the Administration; ``(G) the number and type of enforcement actions recommended by the Director; ``(H) the number and type of enforcement actions approved by the Lender Oversight Committee established under section 48; ``(I) the number and type of enforcement actions disapproved by the Lender Oversight Committee; and ``(J) the number and dollar amount of civil monetary penalties assessed. ``(i) Budget Submission and Justification.--The Director shall annually provide, in writing, a fiscal year budget submission for the Office and a justification for such submission to the Administrator. Such submission and justification shall-- ``(1) include salaries and expenses of the Office and the charge for the lender oversight fees; ``(2) be submitted at or about the time of the budget submission by the President under section 1105(a) of title 31; and ``(3) be maintained in an indexed form and made available for public review for a period of not less than 5 years beginning on the date of submission and justification. ``SEC. 48. LENDER OVERSIGHT COMMITTEE. ``(a) Establishment.--There is established within the Administration the Lender Oversight Committee (in this section referred to as the `Committee'). ``(b) Membership.--The Committee shall consist of at least 8 members selected by the Administrator, of which-- ``(1) 3 members shall be voting members, 2 of whom shall be career appointees in the Senior Executive Service (as defined in section 3132 of title 5, United States Code); and ``(2) the remaining members shall be nonvoting members who shall serve in an advisory capacity on the Committee. ``(c) Duties.--The Committee shall-- ``(1) review reports on lender oversight activities; ``(2) review formal enforcement action recommendations of the Director of the Office of Credit Risk Management with respect to any lender making loans under section 7(a) and any Lending Partner or Intermediary participant of the Administration in a lending program of the Office of Capital Access of the Administration; ``(3) in carrying out paragraph (2) with respect to formal enforcement actions taken under subsection (d) or (e) of section 23, vote to recommend or not recommend action to the Administrator or a designee of the Administrator; ``(4) in carrying out paragraph (2) with respect to any formal enforcement action not specified under subsection (d) or (e) of section 23, vote to approve, disapprove, or modify the action; ``(5) review, in an advisory capacity, any lender oversight, portfolio risk management, or program integrity matters brought by the Director; and ``(6) take such other actions and perform such other functions as may be delegated to the Committee by the Administrator. ``(d) Meetings.-- ``(1) In general.--The Committee shall meet as necessary, but not less frequently than on a quarterly basis. ``(2) Reports.--The Committee shall submit to the Administrator a report detailing each meeting of the Committee, including if the Committee does or does not vote to approve a formal enforcement action of the Director of the Office of Credit Risk Management with respect to a lender.''. (b) Supervision Duties for 7(a) Lenders.--Effective January 1, 2019, subsection (d) of section 47 (as added by subsection (a)) is amended to read as follows: ``(d) Supervision Duties for 7(a) Lenders.-- ``(1) Reviews.--With respect to 7(a) lenders, an employee of the Office shall-- ``(A) be present for and supervise any such review that is conducted by a contractor of the Office on the premise of the 7(a) lender; and ``(B) supervise any such review that is not conducted on the premise of the 7(a) lender. ``(2) Review report timeline.-- ``(A) In general.--Notwithstanding any other requirements of the Office or the Administrator, the Administrator shall develop and implement a review report timeline which shall-- ``(i) require the Administrator to-- ``(I) deliver a written report of the review to the 7(a) lender not later than 60 business days after the date on which the review is concluded; or ``(II) if the Administrator expects to submit the report after the end of the 60-day period described in clause (i), notify the 7(a) lender of the expected date of submission of the report and the reason for the delay; and ``(ii) if a response by the 7(a) lender is requested in a report submitted under subparagraph (A), require the 7(a) lender to submit responses to the Administrator not later than 45 business days after the date on which the 7(a) lender receives the report. ``(B) Extension.--The Administrator may extend the time frame described in subparagraph (A)(i)(II) with respect to a 7(a) lender as the Administrator determines necessary.''. (c) Transfer of Functions.-- (1) Office of credit risk management.--All functions of the Office of Credit Risk Management of the Small Business Administration, including the personnel, assets, and obligation of the Office of Credit Risk Management, as in existence on the day before the date of the enactment of this Act, shall be transferred to the Office of Credit Risk Management established under section 47 of the Small Business Act, as added by subsection (a). (2) Lender oversight committee.--All functions of the Lender Oversight Committee of the Small Business Administration, including the personnel, assets, and obligations of the Lender Oversight Committee, as in existence on the day before the date of the enactment of this Act, shall be transferred to the Lender Oversight Committee established under section 48 of the Small Business Act, as added by subsection (a). (d) Deeming of Name.-- (1) Office of credit risk management.--Any reference in a law, regulation, guidance, document, paper, or other record of the United States to the Office of Credit Risk Management of the Small Business Administration shall be deemed a reference to the Office of Credit Risk Management, established under section 47 of the Small Business Act, as added by subsection (a). (2) Lender oversight committee.--Any reference in a law, regulation, guidance, document, paper, or other record of the United States to the Lender Oversight Committee of the Small Business Administration shall be deemed a reference to the Lender Oversight Committee, established under section 48 of the Small Business Act, as added by subsection (a). (e) Technical Amendment.--Section 3(r)(2) of the Small Business Act (15 U.S.C. 632(r)(2)) is amended by striking ``regulated SBA lender'' each place it appears in heading and text and inserting ``regulated lender''. SEC. 4. DEFINITION OF CREDIT ELSEWHERE. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by striking section 3(h) (15 U.S.C. 632(h)) and inserting the following: ``(h) The term `credit elsewhere' means-- ``(1) for the purposes of this Act (except as used in section 7(b)), the availability of credit on reasonable terms and conditions to the individual loan applicant from non-Federal, non- State, or non-local government sources, considering factors associated with conventional lending practices, including-- ``(A) the business industry in which the loan applicant operates; ``(B) whether the loan applicant is an enterprise that has been in operation for a period of not more than 2 years; ``(C) the adequacy of the collateral available to secure the requested loan; ``(D) the loan term necessary to reasonably assure the ability of the loan applicant to repay the debt from the actual or projected cash flow of the business; and ``(E) any other factor relating to the particular credit application, as documented in detail by the lender, that cannot be overcome except through obtaining a Federal loan guarantee under prudent lending standards; and ``(2) for the purposes of section 7(b), the availability of credit on reasonable terms and conditions from non-Federal sources taking into consideration the prevailing rates and terms in the community in or near where the applicant business concern transacts business, or the applicant homeowner resides, for similar purposes and periods of time.''; and (2) in section 7(a)(1)(A)(i) (15 U.S.C. 636(a)(1)(A)(i)), by inserting ``The Administrator has the authority to direct, and conduct oversight for, the methods by which lenders determine whether a borrower is able to obtain credit elsewhere.'' before ``No financial assistance''. (b) Technical Amendment.--Section 18(b) of the Small Business Act (15 U.S.C. 647(b)) is amended to read as follows: ``(b) As used in this Act, the term `agricultural enterprises' means those small business concerns engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural-related industries.''. SEC. 5. AUTHORITY FOR ADMINISTRATOR TO INCREASE AMOUNT FOR GENERAL BUSINESS LOANS. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended-- (1) by redesignating subsection (j) as subsection (f); and (2) by adding at the end the following new subsection: ``(g) Authority To Increase Amount of General Business Loans.-- ``(1) In general.--Subject to paragraphs (2) and (3) and with respect to fiscal year 2019 and each fiscal year thereafter, if the Administrator determines that the amount of commitments by the Administrator for general business loans authorized under section 7(a) for a fiscal year could exceed the limit on the total amount of commitments the Administrator may make for those loans under this Act, an appropriations Act, or any other provision of law, the Administrator may make commitments for those loans for that fiscal year in an aggregate amount equal to not more than 115 percent of that limit. ``(2) Notice required before exercising authority.--Not later than 30 days before the date on which the Administrator intends to exercise the authority under paragraph (1), the Administrator shall submit notice of intent to exercise the authority to-- ``(A) the Committee on Small Business and Entrepreneurship and the Subcommittee on Financial Services and General Government of the Committee on Appropriations of the Senate; and ``(B) the Committee on Small Business and the Subcommittee on Financial Services and General Government of the Committee on Appropriations of the House of Representatives. ``(3) Limitation.--The Administrator shall not exercise the authority under paragraph (1) more than once during any fiscal year.''. SEC. 6. ESTABLISHING A PROCESS FOR WAIVERS. (a) In General.--If the Administrator exercises statutory or regulatory authority to waive a regulation or a requirement in the Standard Operating Procedures Manual or Policy Notice related to a program or function of the Office of Capital Access of the Administration, the waiver shall be in writing and be maintained in an indexed form. (b) No New Waiver Authority.--Nothing in subsection (a) shall be construed as creating new authority for the Administrator to waive regulations of the Administration. SEC. 7. REPEAL OF SMALL BUSINESS LOAN LOSS REPORT. Subsection (b) of section 10 of the Small Business Act (15 U.S.C. 639(b)) is repealed. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Small Business 7(a) Lending Oversight Reform Act of 2018 (Sec. 3) This bill amends the Small Business Act to provide statutory authority for the Small Business Administration (SBA) Office of Credit Risk Management (OCRM) and the SBA Lender Oversight Committee. The bill modifies the OCRM's supervisory duties and the committee's review of OCRM formal enforcement action recommendations. The bill requires OCRM to supervise: lenders making loans under the SBA's guaranteed loan program, commonly known as 7(a) lenders; lending partners or SBA intermediary participants in a lending program of the SBA's Office of Capital Access; small business lending companies; and nonfederally regulated lenders. The OCRM may assess a monetary penalty against lenders that violate requirements. (Sec. 4) Under current law, a borrower is ineligible for an SBA guaranteed loan if the applicant may obtain credit elsewhere. The term "credit elsewhere" is redefined to include the availability of credit on reasonable terms and conditions to the loan applicant from nongovernment sources, considering factors associated with conventional lending practices, including: the business industry in which the applicant operates; whether the applicant is an enterprise that has been in operation for two years or less; the adequacy of the collateral available to secure the requested loan; the loan term necessary to reasonably assure the ability of the loan applicant to repay the debt from the business's actual or projected cash flow; and any other factors relating to the particular credit application, as documented in detail by the lender, that cannot be overcome except through obtaining a federal loan guarantee under prudent lending standards. Such term is inapplicable to certain SBA guaranteed loans to repair, rehabilitate, or replace property damaged or destroyed by or resulting from natural or other disasters. (Sec. 5) The SBA may, with congressional approval, increase the cap for general business loans if the cap will be reached within that fiscal year. An increase may only be implemented once each fiscal year. (Sec. 6) SBA waivers of regulations or requirements in the Standard Operating Procedures Manual or Policy Notice related to an Office of Capital Access's program or function must be in writing and maintained in an index. (Sec 7) The bill repeals a requirement for the SBA to report certain information to the President and Congress, including the number and amount of loan defaults.

Small Business 7(a) Lending Oversight Reform Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Job Creation and Access to Capital Act of 2009''. TITLE I--NEXT STEPS FOR MAIN STREET CREDIT AVAILABILITY SEC. 101. SECTION 7(A) BUSINESS LOANS. (a) Amendment.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (2)(A)-- (A) in clause (i), by striking ``75 percent'' and inserting ``90 percent''; and (B) in clause (ii), by striking ``85 percent'' and inserting ``90 percent''; and (2) in paragraph (3)(A), by striking ``$1,500,000 (or if the gross loan amount would exceed $2,000,000'' and inserting ``$4,500,000 (or if the gross loan amount would exceed $5,000,000''. (b) Prospective Repeal.--Effective January 1, 2011, section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (2)(A)-- (A) in clause (i), by striking ``90 percent'' and inserting ``75 percent''; and (B) in clause (ii), by striking ``90 percent'' and inserting ``85 percent''; and (2) in paragraph (3)(A), by striking ``$4,500,000'' and inserting ``$3,750,000''. SEC. 102. MAXIMUM LOAN AMOUNTS UNDER 504 PROGRAM. Section 502(2)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended-- (1) in clause (i), by striking ``$1,500,000'' and inserting ``$5,000,000''; (2) in clause (ii), by striking ``$2,000,000'' and inserting ``$5,000,000''; (3) in clause (iii), by striking ``$4,000,000'' and inserting ``$5,500,000''; (4) in clause (iv), by striking ``$4,000,000'' and inserting ``$5,500,000''; and (5) in clause (v), by striking ``$4,000,000'' and inserting ``$5,500,000''. SEC. 103. MAXIMUM LOAN LIMITS UNDER MICROLOAN PROGRAM. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended-- (1) in paragraph (1)(B)(iii), by striking ``$35,000'' and inserting ``$50,000''; (2) in paragraph (3)-- (A) in subparagraph (C), by striking ``$3,500,000'' and inserting ``$5,000,000''; and (B) in subparagraph (E), by striking ``$35,000'' each place that term appears and inserting ``$50,000''; and (3) in paragraph (11)(B), by striking ``$35,000'' and inserting ``$50,000''. SEC. 104. TEMPORARY FEE REDUCTIONS. Section 501 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 151) is amended by striking ``September 30, 2010'' each place that term appears and inserting ``December 31, 2010''. SEC. 105. NEW MARKETS VENTURE CAPITAL COMPANY INVESTMENT LIMITATIONS. Section 355 of the Small Business Investment Act of 1958 (15 U.S.C. 689d) is amended by adding at the end the following: ``(e) Investment Limitations.-- ``(1) Definition.--In this subsection, the term `covered New Markets Venture Capital company' means a New Markets Venture Capital company-- ``(A) granted final approval by the Administrator under section 354(e) on or after March 1, 2002; and ``(B) that has obtained a financing from the Administrator. ``(2) Limitation.--Except to the extent approved by the Administrator, a covered New Markets Venture Capital company may not acquire or issue commitments for securities under this title for any single enterprise in an aggregate amount equal to more than 10 percent of the sum of-- ``(A) the regulatory capital of the covered New Markets Venture Capital company; and ``(B) the total amount of leverage projected in the participation agreement of the covered New Markets Venture Capital.''. SEC. 106. ALTERNATIVE SIZE STANDARDS. Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is amended by adding at the end the following: ``(5) Alternative Size Standard.-- ``(A) In general.--The Administrator shall establish an alternative size standard for applicants for business loans under section 7(a) and applicants for development company loans under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.), that uses maximum tangible net worth and average net income as an alternative to the use of industry standards. ``(B) Interim rule.--Until the date on which the alternative size standard established under subparagraph (A) is in effect, an applicant for a business loan under section 7(a) or an applicant for a development company loan under title V of the Small Business Investment Act of 1958 may be eligible for such a loan if-- ``(i) the maximum tangible net worth of the applicant is not more than $15,000,000; and ``(ii) the average net income after Federal income taxes (excluding any carry-over losses) of the applicant for the 2 full fiscal years before the date of the application is not more than $5,000,000.''. SEC. 107. SALE OF 7(A) LOANS IN SECONDARY MARKET. Section 5(g) of the Small Business Act (15 U.S.C. 634(g)) is amended by adding at the end the following: ``(6) If the amount of the guaranteed portion of any loan under section 7(a) is more than $500,000, the Administrator shall, upon request of a pool assembler, divide the loan guarantee into increments of $500,000 and 1 increment of any remaining amount less than $500,000, in order to permit the maximum amount of any loan in a pool to be not more than $500,000. Only 1 increment of any loan guarantee divided under this paragraph may be included in the same pool. Increments of loan guarantees to different borrowers that are divided under this paragraph may be included in the same pool.''. SEC. 108. ONLINE LENDING PLATFORM. It is the sense of the Congress that the Administrator of the Small Business Administration should establish a website that-- (1) lists each lender that makes loans guaranteed by the Small Business Administration and provides information about the loan rates of each such lender; and (2) allows prospective borrowers to compare rates on loans guaranteed by the Small Business Administration. TITLE II--SMALL BUSINESS ACCESS TO CAPITAL SEC. 201. LOW-INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS LOAN PROGRAM. (a) Refinancing.--Section 502(7) of the Small Business Investment Act of 1958 (15 U.S.C. 696(7)) is amended by adding at the end the following: ``(C) Refinancing not involving expansions.-- ``(i) Definitions.--In this subparagraph-- ``(I) the term `borrower' means a small business concern that submits an application to a development company for financing under this subparagraph; ``(II) the term `eligible fixed asset' means tangible property relating to which the Administrator may provide financing under this section; and ``(III) the term `qualified debt' means indebtedness-- ``(aa) that-- ``(AA) was incurred not less than 2 years before the date of the application for assistance under this subparagraph; ``(BB) is a commercial loan; ``(CC) is not subject to a guarantee by a Federal agency; ``(DD) the proceeds of which were used to acquire an eligible fixed asset; ``(EE) was incurred for the benefit of the small business concern; and ``(FF) is collateralized by eligible fixed assets; and ``(bb) for which the borrower has been current on all payments for not less than 1 year before the date of the application. ``(ii) Authority.--A project that does not involve the expansion of a small business concern may include the refinancing of qualified debt if-- ``(I) the amount of the financing is not more than 80 percent of the value of the collateral for the financing, except that, if the appraised value of the eligible fixed assets serving as collateral for the financing is less than the amount equal to 125 percent of the amount of the financing, the borrower may provide additional cash or other collateral to eliminate any deficiency; ``(II) the borrower has been in operation for all of the 2-year period ending on the date of the loan; and ``(III) for a financing for which the Administrator determines there will be an additional cost attributable to the refinancing of the qualified debt, the borrower agrees to pay a fee in an amount equal to the anticipated additional cost. ``(iii) Financing for business expenses.-- ``(I) Financing for business expenses.--The Administrator may provide financing to a borrower that receives financing that includes a refinancing of qualified debt under clause (ii), in addition to the refinancing under clause (ii), to be used solely for the payment of business expenses. ``(II) Application for financing.-- An application for financing under subclause (I) shall include-- ``(aa) a specific description of the expenses for which the additional financing is requested; and ``(bb) an itemization of the amount of each expense. ``(III) Condition on additional financing.--A borrower may not use any part of the financing under this clause for non-business purposes. ``(iv) Loans based on jobs.-- ``(I) Job creation and retention goals.-- ``(aa) In general.--The Administrator may provide financing under this subparagraph for a borrower that meets the job creation goals under subsection (d) or (e) of section 501. ``(bb) Alternate job retention goal.--The Administrator may provide financing under this subparagraph to a borrower that does not meet the goals described in item (aa) in an amount that is not more than the product obtained by multiplying the number of employees of the borrower by $65,000. ``(II) Number of employees.--For purposes of subclause (I), the number of employees of a borrower is equal to the sum of-- ``(aa) the number of full- time employees of the borrower on the date on which the borrower applies for a loan under this subparagraph; and ``(bb) the product obtained by multiplying-- ``(AA) the number of part-time employees of the borrower on the date on which the borrower applies for a loan under this subparagraph; by ``(BB) the quotient obtained by dividing the average number of hours each part time employee of the borrower works each week by 40. ``(v) Nondelegation.--Notwithstanding section 508(e), the Administrator may not permit a premier certified lender to approve or disapprove an application for assistance under this subparagraph. ``(vi) Total amount of loans.--The Administrator may provide not more than a total of $4,000,000,000 of financing under this subparagraph for each fiscal year.''. (b) Prospective Repeal.--Effective 2 years after the date of the enactment of this Act, section 502(7) of the Small Business Investment Act of 1958 (15 U.S.C. 696(7)) is amended by striking subparagraph (C). (c) Technical Correction.--Section 502(2)(A)(i) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)(i)) is amended by striking ``subparagraph (B) or (C)'' and inserting ``clause (ii), (iii), (iv), or (v)''.

Small Business Job Creation and Access to Capital Act of 2009 - Amends the Small Business Act to increase maximum amounts of loans under the following Small Business Administration (SBA) loan programs: (1) the section 7(a) (general small business loans) guaranteed loan program; (2) the section 504 (state and local development company) program; and (3) the Microloan (small-scale loans to start-up, newly-established, and growing small businesses) program. Amends the American Recovery and Reinvestment Act of 2009 to extend through 2010 SBA authority to reduce or eliminate loan fees on section 7(a) and 504 loans. Amends the Small Business Investment Act of 1958 to apply single-business investment limits to SBA-recognized new markets venture capital companies. Directs the SBA Administrator to establish for prospective borrowers an alternative small business size standard that uses maximum tangible net worth and average net income as an alternative to the use of industry standards. Expresses the sense of Congress that the Administrator should establish a website that: (1) lists SBA lenders and provides loan rate information; and (2) allows prospective borrowers to compare rates on SBA-guaranteed loans. Amends provisions of the Small Business Investment Act of 1958 relating to the local development business loan program to allow a small business borrower under such program to refinance a previous business debt: (1) that was incurred no less than two years before application for the SBA loan; (2) that is a commercial loan; (3) that is not guaranteed by a federal agency; (4) the proceeds of which were used to acquire a fixed asset for the benefit of the small business; (5) that is collateralized by fixed assets; and (6) for which the borrower has been current on all payments for at least one year. Allows the Administrator to provide financing under such program for a borrower that meets certain job creation or retention goals. Provides an alternate job retention goal for which a borrower may qualify.

To increase loan limits for small business concerns, to provide for low interest refinancing for small business concerns, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hadiya Pendleton and Nyasia Pryear- Yard Stop Illegal Trafficking in Firearms Act of 2013''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Anti-straw purchasing and firearms trafficking amendments. Sec. 4. Amendments to section 922(d). Sec. 5. Amendments to section 924(a). Sec. 6. Amendments to section 924(h). Sec. 7. Amendments to section 924(k). SEC. 3. ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Straw purchasing of firearms ``(a) For purposes of this section-- ``(1) the term `crime of violence' has the meaning given that term in section 924(c)(3); ``(2) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2); and ``(3) the term `purchases' includes the receipt of any firearm by a person who does not own the firearm-- ``(A) by way of pledge or pawn as security for the payment or repayment of money; or ``(B) on consignment. ``(b) It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, licensed collector, or licensed dealer) to knowingly purchase, or attempt or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce-- ``(1) from a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown; or ``(2) from any person who is not a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown, knowing or having reasonable cause to believe that such other person-- ``(A) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; ``(B) is a fugitive from justice; ``(C) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(D) has been adjudicated as a mental defective or has been committed to any mental institution; ``(E) is an alien who-- ``(i) is illegally or unlawfully in the United States; or ``(ii) except as provided in section 922(y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))); ``(F) has been discharged from the Armed Forces under dishonorable conditions; ``(G) having been a citizen of the United States, has renounced his or her citizenship; ``(H) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this subparagraph shall only apply to a court order that-- ``(i) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and ``(ii)(I) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or ``(II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; ``(I) has been convicted in any court of a misdemeanor crime of domestic violence; ``(J) intends to-- ``(i) use, carry, possess, or sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking crime; or ``(ii) export the firearm or ammunition in violation of law; ``(K) who does not reside in any State; or ``(L) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of subparagraphs (A) through (K). ``(c)(1) Except as provided in paragraph (2), any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 15 years, or both. ``(2) If a violation of subsection (b) is committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence, the person shall be sentenced to a term of imprisonment of not more than 25 years. ``(d) Subsection (b)(1) shall not apply to any firearm that is lawfully purchased by a person-- ``(1) to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm, unless the person knows or has reasonable cause to believe such recipient is prohibited by Federal law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm; or ``(2) to be given to a bona fide winner of an organized raffle, contest, or auction conducted in accordance with law and sponsored by a national, State, or local organization or association, unless the person knows or has reasonable cause to believe such recipient is prohibited by Federal law from possessing, purchasing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm. ``Sec. 933. Trafficking in firearms ``(a) It shall be unlawful for any person to-- ``(1) ship, transport, transfer, cause to be transported, or otherwise dispose of 2 or more firearms to another person in or otherwise affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the transferee would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year; ``(2) receive from another person 2 or more firearms in or otherwise affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year; or ``(3) attempt or conspire to commit the conduct described in paragraph (1) or (2). ``(b)(1) Except as provided in paragraph (2), any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 15 years, or both. ``(2) If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, leader, supervisor, or manager, the person shall be sentenced to a term of imprisonment of not more than 25 years. ``Sec. 934. Forfeiture and fines ``(a)(1) Any person convicted of a violation of section 932 or 933 shall forfeit to the United States, irrespective of any provision of State law-- ``(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and ``(B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation. ``(2) The court, in imposing sentence on a person convicted of a violation of section 932 or 933, shall order, in addition to any other sentence imposed pursuant to section 932 or 933, that the person forfeit to the United States all property described in paragraph (1). ``(b) A defendant who derives profits or other proceeds from an offense under section 932 or 933 may be fined not more than the greater of-- ``(1) the fine otherwise authorized by this part; and ``(2) the amount equal to twice the gross profits or other proceeds of the offense under section 932 or 933.''. (b) Title III Authorization.--Section 2516(1)(n) of title 18, United States Code, is amended by striking ``and 924(n)'' and inserting ``, 924, 932, or 933''. (c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``section 932 (relating to straw purchasing), section 933 (relating to trafficking in firearms),'' before ``section 1028''. (d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18, United States Code, is amended by striking ``section 924(n)'' and inserting ``section 924(n), 932, or 933''. (e) Directive to Sentencing Commission.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section 932 or 933 of title 18, United States Code and other offenses applicable to the straw purchases and firearms trafficking of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing and firearms trafficking offenses. The Commission shall also review and amend its guidelines and policy statements to reflect the intent of Congress that a person convicted of an offense under section 932 or 933 of title 18, United States Code, who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual. (f) Technical and Conforming Amendment.--The table of sections of chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``932. Straw purchasing of firearms. ``933. Trafficking in firearms. ``934. Forfeiture and fines.''. SEC. 4. AMENDMENTS TO SECTION 922(D). Section 922(d) of title 18, United States Code, is amended-- (1) in paragraph (8), by striking ``or'' at the end; (2) in paragraph (9), by striking the period at the end and inserting a semicolon; and (3) by striking the matter following paragraph (9) and inserting the following: ``(10) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1) through (9); or ``(11) intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking offense or to export the firearm or ammunition in violation of law. This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925.''. SEC. 5. AMENDMENTS TO SECTION 924(A). Section 924(a) of title 18, United States Code, is amended-- (1) in paragraph (2), by striking ``(d), (g),''; and (2) by adding at the end the following: ``(8) Whoever knowingly violates subsection (d) or (g) of section 922 shall be fined under this title, imprisoned not more than 15 years, or both.''. SEC. 6. AMENDMENTS TO SECTION 924(H). Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following: ``(h)(1) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing or having reasonable cause to believe that such firearm or ammunition will be used to commit a crime of violence (as defined in subsection (c)(3)), a drug trafficking crime (as defined in subsection (c)(2)), or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), or section 212(a)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 25 years, fined in accordance with this title, or both. ``(2) No term of imprisonment imposed on a person under this subsection shall run concurrently with any term of imprisonment imposed on the person under section 932.''. SEC. 7. AMENDMENTS TO SECTION 924(K). Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following: ``(k)(1) A person who, with intent to engage in or to promote conduct that-- ``(A) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46; ``(B) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); or ``(C) constitutes a crime of violence (as defined in subsection (c)(3)), smuggles or knowingly brings into the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both. ``(2) A person who, with intent to engage in or to promote conduct that-- ``(A) would be punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46, if the conduct had occurred within the United States; or ``(B) would constitute a crime of violence (as defined in subsection (c)(3)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States, smuggles or knowingly takes out of the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both.''.

Hadiya Pendleton and Nyasia Pryear-Yard Stop Illegal Trafficking in Firearms Act of 2013 - Amends the federal criminal code to prohibit any person, other than a licensed firearms importer, manufacturer, collector, or dealer (licensed dealer), from knowingly purchasing in interstate or foreign commerce (including through receipt on consignment or by way of pledge or pawn as security for payment) a firearm from a licensed dealer, or from any person who is not a licensed dealer, for another individual, knowing or having reasonable cause to believe that such individual meets specified criteria disqualifying such individual from possessing a firearm. Sets forth an enhanced penalty for such a violation committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence. Specifies exceptions for purchases for certain bona fide gifts or for a bona fide winner of an organized raffle, contest, or auction. Prohibits: (1) transferring two or more firearms to, or receiving two or more firearms from, a person in interstate or foreign commerce knowing or with the reasonable belief that such transfer, possession, or receipt would violate a federal law punishable by a term of imprisonment exceeding one year; or (2) attempting or conspiring to commit such conduct. Authorizes an enhanced penalty for someone who organizes or supervises such conduct. Subjects: (1) property derived from or used to commit such an offense to forfeiture, and (2) a person who derives profits from such an offense to a fine equal to twice such profits. Includes such offenses: (1) among offenses for which wiretapping may be authorized, (2) within the definition of "racketeering activity," and (3) within the definition of "specified unlawful activity" for purposes of money laundering violations. Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to: (1) ensure that persons convicted of offenses involving straw purchases of firearms and firearms trafficking are subject to increased penalties; and (2) reflect congressional intent that a person convicted of such offense who is affiliated with a gang, cartel, or organized crime ring should be subject to higher penalties. Amends the Brady Handgun Violence Prevention Act to prohibit the sale or other disposition of a firearm or ammunition knowing or having reasonable cause to believe that the purchaser intends: (1) to sell or otherwise dispose of it to a person in a category of individuals excluded from firearms possession, (2) to sell or otherwise dispose of it in furtherance of a crime of violence or drug trafficking offense, or (3) to export it in violation of law. Increases the maximum term of imprisonment for violating prohibitions against: (1) selling firearms or ammunition to any person knowing or having reasonable cause to believe that such person is disqualified from possessing such firearms or ammunition; (2) any such disqualified person transporting or possessing any firearm or ammunition in interstate or foreign commerce or receiving any firearm or ammunition that has been has been transported in interstate or foreign commerce; (3) receiving or transferring a firearm or ammunition knowing or having reasonable cause to believe that it will be used to commit a crime of violence, a drug trafficking crime, or other specified crimes under the Arms Export Control Act, the International Emergency Economic Powers Act, the Foreign Narcotics Kingpin Designation Act, or the Immigration and Nationality Act; or (4) smuggling into or out of the United States a firearm or ammunition with intent to engage in or promote conduct that is punishable under the Controlled Substances Act, the Controlled Substances Import and Export Act, or maritime drug law enforcement provisions or that constitutes a crime of violence.

Hadiya Pendleton and Nyasia Pryear-Yard Stop Illegal Trafficking in Firearms Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Women's Lives through International Family Planning Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) International family planning funds provide assistance that saves the lives of women by providing vital reproductive health care, including family planning and maternal health programs which include prenatal, postpartum, HIV/AIDS and other sexually transmitted disease education that results in safe pregnancies and safe motherhood. (2) Each year more than 585,000 women die from complications with pregnancy and childbirth. In addition, each year at least 7,000,000 women suffer serious health problems and as many as 50,000,000 women suffer some adverse health consequences after childbirth, many of which could be prevented with safe motherhood practices used in reproductive health programs. (3) More than 5,800,000 people were infected with HIV/AIDS in 1998. Without funding from international family planning programs for education and prevention, most governments would not have the resources to combat the physical, social, and economic devastation inflicted by this disease. (4) The health of the planet is connected to the health of women and their families. Rapid population growth exacerbates many environmental problems, including air and water pollution, loss of wildlife habitat, fisheries depletion, and climate change--global problems that transcend national boundaries. Family planning programs give women the option to choose the number and spacing of their children, which contributes to slowing global population growth. International family planning improves the ability of families worldwide to manage their lives and their natural resources more sustainably. (5) When families have access to family planning resources and are able to space their children, delay the timing of their first child, and have longer intervals between each child, there is a decrease in the risk of mortality in both women and children. (6) Voluntary family planning services allow women and men to exercise their fundamental human right to plan the size of their families and ensure that every pregnancy is planned and every child is wanted. Data from around the world provides conclusive evidence that increased access to family planning reduces the incidence of abortion. (7) At the International Conference on Population and Development in 1994, it was estimated that making quality family planning and related health services available to all in need of such planning and services would cost $17,000,000,000 in the year 2000. The United States and other donor countries agreed to provide one-third of these funds. Based on the size of its economy, the United States share of the total donor population assistance should be almost $1,900,000,000 for fiscal year 2001. While short of this funding goal, restoring funding for population assistance to fiscal year 1995 levels would be a significant step toward ensuring access to family planning and reproductive health care for couples around the world. (8) With world population exceeding 6,000,000,000 people, international family planning providers and related nongovernmental organizations play a critical role in meeting the physical, social, environmental, and economic needs in their societies and in expanding participation in the democratic process. These organizations should be provided with adequate funding to fully and actively offer the best and most informative care to their citizens without restrictions on free speech. United States assistance to these organizations should be provided under the same terms as to their governments. SEC. 3. INTERNATIONAL ORGANIZATIONS AND PROGRAMS. There is authorized to be appropriated, and there is appropriated (out of any money in the Treasury not otherwise appropriated), for fiscal year 2002 $366,000,000 to carry out the provisions of section 301 of the Foreign Assistance Act of 1961 and section 2 of the United Nations Environment Program Participation Act of 1973. SEC. 4. POPULATION PLANNING ASSISTANCE. (a) Funding.--There is authorized to be appropriated, and there is appropriated (out of any money in the Treasury not otherwise appropriated), for fiscal year 2002 $541,600,000 for population planning activities and other population assistance under part I of the Foreign Assistance Act of 1961. (b) Eligibility of Nongovernmental and Multilateral Organizations for Population Planning Assistance.--Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following: ``SEC. 135. ELIGIBILITY OF NONGOVERNMENTAL AND MULTILATERAL ORGANIZATIONS FOR POPULATION PLANNING ASSISTANCE. ``In determining eligibility of nongovernmental and multilateral organizations for population planning assistance or other population assistance under this part, the Administrator of the United States Agency for International Development may not apply requirements to such organizations that are more restrictive than requirements applicable to foreign governments for such assistance.''.

Saving Women's Lives through International Family Planning Act of 2001 - Authorizes appropriations for U.S. voluntary contributions to international organizations and programs, including the United Nations Environmental Fund for support of international measures to protect and improve the environment.Authorizes appropriations for certain population planning activities.Prohibits the Administrator of the United States Agency for International Development, in determining eligibility of nongovernmental and multilateral organizations for population planning assistance or other population assistance under the Foreign Assistance Act of 1961, from applying requirements to such organizations more restrictive than requirements applicable to foreign governments for such assistance.

To provide for international family planning funding for the fiscal year 2002, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pitkin County Land Exchange Act of 2006''. SEC. 2. PURPOSE. The purpose of this Act is to authorize, direct, expedite, and facilitate the exchange of land between the United States, Pitkin County, Colorado, and the Aspen Valley Land Trust. SEC. 3. DEFINITIONS. In this Act: (1) Aspen valley land trust.-- (A) In general.--The term ``Aspen Valley Land Trust'' means the Aspen Valley Land Trust, a nonprofit organization as described in section 501(c)(3) of the Internal Revenue Code of 1986. (B) Inclusions.--The term ``Aspen Valley Land Trust'' includes any successor, heir, or assign of the Aspen Valley Land Trust. (2) County.--The term ``County'' means Pitkin County, a political subdivision of the State of Colorado. (3) Federal land.--The term ``Federal land'' means-- (A) the approximately 5.5 acres of National Forest System land located in the County, as generally depicted on the map entitled ``Ryan Land Exchange-Wildwood Parcel Conveyance to Pitkin County'' and dated August 2004; (B) the 12 parcels of National Forest System land located in the County totaling approximately 5.92 acres, as generally depicted on maps 1 and 2 entitled ``Ryan Land Exchange-Smuggler Mountain Patent Remnants Conveyance to Pitkin County'' and dated August 2004; and (C) the approximately 40 acres of Bureau of Land Management land located in the County, as generally depicted on the map entitled ``Ryan Land Exchange-Crystal River Parcel Conveyance to Pitkin County'' and dated August 2004. (4) Non-federal land.--The term ``non-Federal land'' means-- (A) the approximately 35 acres of non-Federal land in the County, as generally depicted on the map entitled ``Ryan Land Exchange-Ryan Property Conveyance to Forest Service'' and dated August 2004; and (B) the approximately 18.2 acres of non-Federal land located on Smuggler Mountain in the County, as generally depicted on the map entitled ``Ryan Land Exchange-Smuggler Mountain-Grand Turk & Pontiac Claims Conveyance to Forest Service'' and dated August 2004. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. LAND EXCHANGE. (a) In General.--If the County offers to convey to the United States title to the non-Federal land that is acceptable to the Secretary, the Secretary and the Secretary of the Interior shall-- (1) accept the offer; and (2) on receipt of acceptable title to the non-Federal land, simultaneously convey to the County, or at the request of the County, to the Aspen Valley Land Trust, all right, title, and interest of the United States in and to the Federal land, except as provided in section 5(d), subject to all valid existing rights and encumbrances. (b) Timing.--It is the intent of Congress that the land exchange directed by this Act shall be completed not later than 1 year after the date of enactment of this Act. SEC. 5. EXCHANGE TERMS AND CONDITIONS. (a) Equal Value Exchange.--The value of the Federal land and non- Federal land-- (1) shall be equal; or (2) shall be made equal in accordance with subsection (c). (b) Appraisals.--The value of the Federal land and non-Federal land shall be determined by the Secretary through appraisals conducted in accordance with-- (1) the Uniform Appraisal Standards for Federal Land Acquisitions; (2) the Uniform Standards of Professional Appraisal Practice; and (3) Forest Service appraisal instructions. (c) Equalization of Values.-- (1) Surplus of non-federal land.--If the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land, the County shall donate to the United States the excess value of the non-Federal land, which shall be considered to be a donation for all purposes of law. (2) Surplus of federal land.-- (A) In general.--If the final appraised value of the Federal land exceeds the final appraised value of the non- Federal land, the value of the Federal land and non-Federal land may, as the Secretary and the County determine to be appropriate, be equalized by the County-- (i) making a cash equalization payment to the Secretary; (ii) conveying to the Secretary certain land located in the County, comprising approximately 160 acres, as generally depicted on the map entitled ``Sellar Park Parcel'' and dated August 2004; or (iii) using a combination of the methods described in clauses (i) and (ii). (B) Disposition and use of proceeds.-- (i) Disposition of proceeds.--Any cash equalization payment received by the Secretary under clause (i) or (iii) of subparagraph (A) shall be deposited in the fund established by Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a). (ii) Use of proceeds.--Amounts deposited under clause (i) shall be available to the Secretary, without further appropriation, for the acquisition of land or interests in land in Colorado for addition to the National Forest System. (d) Conditions on Certain Conveyances.-- (1) Conditions on conveyance of crystal river parcel.-- (A) In general.--As a condition of the conveyance of the parcel of Federal land described in section 3(3)(C) to the County, the County shall agree to-- (i) provide for public access to the parcel; and (ii) require that the parcel shall be used only for recreational, fish and wildlife conservation, and public open space purposes. (B) Reversion.--At the option of the Secretary of the Interior, the parcel of land described in section 3(3)(C) shall revert to the United States if the parcel is used for a purpose other than a purpose described in subparagraph (A)(ii). (2) Conditions on conveyance of wildwood parcel.--In the deed of conveyance for the parcel of Federal land described in section 3(3)(A) to the County, the Secretary shall, as determined to be appropriate by the Secretary, in consultation with the County, reserve to the United States a permanent easement for the location, construction, and public use of the East of Aspen Trail. SEC. 6. MISCELLANEOUS PROVISIONS. (a) Incorporation, Management, and Status of Acquired Land.-- (1) In general.--Land acquired by the Secretary under this Act shall become part of the White River National Forest. (2) Management.--On acquisition, land acquired by the Secretary under this Act shall be administered in accordance with the laws (including rules and regulations) generally applicable to the National Forest System. (3) Land and water conservation fund.--For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the White River National Forest shall be deemed to be the boundaries of the White River National Forest as of January 1, 1965. (b) Revocation of Orders and Withdrawal.-- (1) Revocation of orders.--Any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit disposal of the Federal land. (2) Withdrawal of federal land.--On the date of enactment of this Act, if not already withdrawn or segregated from entry and appropriation under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.), the Federal land is withdrawn, subject to valid existing rights, until the date of the conveyance of the Federal land to the County. (3) Withdrawal of non-federal land.--On acquisition of the non- Federal land by the Secretary, the non-Federal land is permanently withdrawn from all forms of appropriation and disposal under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). (c) Boundary Adjustments.--The Secretary, the Secretary of the Interior, and the County may agree to-- (1) minor adjustments to the boundaries of the parcels of Federal land and non-Federal land; and (2) modifications or deletions of parcels and mining claim remnants of Federal land or non-Federal land to be exchanged on Smuggler Mountain. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Pitkin County Land Exchange Act of 2006 - (Sec. 4) Directs the Secretary of Agriculture (the Secretary) and the Secretary of the Interior, upon receipt of title to certain lands located in Pitkin County, Colorado, and certain lands located on Smuggler Mountain in the County (the non-federal lands), to convey to the County or to the Aspen Valley Land Trust, if the County so requests, all right, title, and interest of the United States in and to certain National Forest and Bureau of Land Management lands located in the County (the federal lands). (Sec. 5) Requires the values of the lands exchanged to be equal or to be made equal. Sets forth exchange terms and conditions for: (1) the appraisal of such lands; (2) the equalization of the values of such lands, including by a cash equalization payment made by the County and/or conveyance of the Sellar Park land parcel to the Secretary; and (3) the disposition and use of the proceeds received by the Secretary from any such payment. Requires the County, as a condition of the conveyance of the Crystal River parcel to the County, to agree to: (1) provide public access to the parcel; and (2) require that the parcel be used only for recreational, fish, and wildlife conservation, and public open space purposes. Requires the Secretary to reserve to the United States a permanent easement to the Wildwood parcel for the location, construction, and public use of the East of Aspen Trail. (Sec. 6) States that lands acquired by the Secretary pursuant to this Act shall become part of White River National Forest. Withdraws the non-federal land permanently from all forms of appropriation and disposal under the public land laws, including mining and mineral leasing laws and the Geothermal Steam Act of 1970. Allows the Secretary, the Secretary of the Interior, and the County to agree to: (1) minor adjustments to the boundaries of the federal and non-federal lands; and (2) modifications or deletions of parcels and mining claim remnants of federal land or non-federal land to be exchanged on Smuggler Mountain.

To authorize the exchange of certain land in the State of Colorado.

SECTION 1. RESTRICTING MEDICAID LIENS AND MEDICAID ESTATE RECOVERY FOR LONG-TERM CARE SERVICES IN THE CASE OF CERTAIN INDIVIDUALS WHO HAVE RECEIVED BENEFITS UNDER LONG-TERM CARE INSURANCE POLICIES FOR AT LEAST 3 YEARS. (a) Limitation on Liens.--Subsection (a) of section 1917 of the Social Security Act (42 U.S.C. 1396p) is amended by adding at the end the following new paragraph: ``(4) No lien may be imposed under paragraph (1)(B) on an individual's home on account of medical assistance paid with respect to the provision of long-term care services (including nursing facility services and home health care services) if the individual (as of the date of provision of such services) had received benefits under a qualified long-term care insurance contract (as defined in section 7702B(b)(1) of the Internal Revenue Code of 1986) for at least 3 years during the 5-year period ending on such date.''. (b) Limitation on Estate Recovery.--Subsection (b) of such section is amended-- (1) in paragraph (1)(C)(i), by inserting ``and except as provided in paragraph (5)'' after ``except as proivded in such clause'', and (2) by adding at the end the following new paragraph: ``(5) A State shall not seek adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State plan under this subsection in the case of medical assistance for which a lien may not be imposed under subsection (a)(4).''. (c) Effective Date.--The amendments made by this section shall apply to adjustments or recoveries initiated on or after the date of the enactment of this Act. SEC. 2. TREATMENT OF CARRYOVERS AND LONG-TERM CARE INSURANCE UNDER FLEXIBLE SPENDING ARRANGEMENTS. (a) Allowance of Carryovers, Permitted Reimbursement of Long-Term Care Insurance Premiums (and Health Insurance Premiums During Unemployment), and Repeal of Income Inclusion for Long-Term Care Insurance.--Subsection (c) of section 106 of the Internal Revenue Code of 1986 (relating to inclusion of long-term care benefits provided through flexible spending arrangements) is amended to read as follows: ``(c) Special Rules Relating to Flexible Spending Arrangements for Health.-- ``(1) Carryover permitted.-- ``(A) In general.--For purposes of this title, a flexible spending arrangement for health shall not cease to be treated as such an arrangement, and no amount shall be includible in the gross income of the participant in such arrangement, solely because the maximum amount of reimbursement otherwise available to a participant under such arrangement for any year is increased by the carryover amount. ``(B) Carryover amount.--For purposes of this paragraph, the term `carryover amount' means, for any participant, for any year, and with respect to any flexible spending arrangement, the excess (if any) of-- ``(i) the maximum amount of reimbursement available to such participant under such arrangement for the preceding year (determined after the application of this paragraph), over ``(ii) the actual amount of reimbursement to which such participant is entitled under such arrangement for such preceding year by reason of covered claims incurred. In no event shall the carryover amount exceed the sum of the premiums paid for coverage under such arrangement with respect to such participant for such year and such preceding year. ``(2) Reimbursement for long-term care insurance premiums and (during unemployment) for health insurance premiums.--For purposes of this title, a flexible spending arrangement for health shall not cease to be treated as such an arrangement, and no amount shall be includible in the gross income of the participant in such arrangement, solely because such arrangement-- ``(A) treats premium payments for any qualified long-term care insurance contract (as defined in section 7702B(b)) for the taxpayer and the taxpayer's family members as reimbursable expenses, or ``(B) treats premium payments for medical insurance for the taxpayer and the taxpayer's family members as reimbursable expenses if such payments are made-- ``(i) after separation of the taxpayer from employment, and ``(ii) to obtain insurance for the period beginning on or after the date of such separation and ending on or before the earlier of-- ``(I) the date which is 18 months after the date of such separation, or ``(II) the date on which the taxpayer becomes employed full-time. ``(3) Definitions and special rule regarding insurance premiums.--For purposes of paragraph (2)-- ``(A) Family member.--The term `family member' means, with respect to any taxpayer-- ``(i) the spouse of the taxpayer, ``(ii) any child (within the meaning of section 151) of the taxpayer, if such child has not attained the age of 19 at the close of the calendar year in which the taxable year of the taxpayer begins, and ``(iii) any parent or stepparent of the taxpayer or of the taxpayer's spouse. ``(B) Medical insurance.--The term `medical insurance' means insurance covering medical care referred to in subparagraph (A) or (B) of section 213(d)(1). ``(C) Limitation on long-term care insurance premiums.--The rule of the last sentence of section 213(d)(1) and the rules of section 213(d)(10) (relating to eligible long-term care premiums) shall apply. ``(4) Flexible spending arrangement.--For purposes of this subsection, a flexible spending arrangement is a benefit program which provides employees with coverage under which-- ``(A) specified incurred expenses may be reimbursed (subject to reimbursement maximums and other reasonable conditions), and ``(B) the maximum amount of reimbursement which is reasonably available to a participant for such coverage is less than 500 percent of the value of such coverage. In the case of an insured plan, the maximum amount reasonably available shall be determined on the basis of the underlying coverage. ``(5) Coordination with cafeteria plan provisions.--Section 125(a) shall not fail to apply to a participant in a plan, and a plan shall not fail to be treated as a cafeteria plan, solely because a flexible spending arrangement available under the plan-- ``(A) increases the maximum amount of reimbursement otherwise available by the carryover amount, as described in paragraph (1), or ``(B) treats premium payments as reimbursable expenses as described paragraph (2).'' (b) Effective Date.--The amendment made by this section shall apply to years beginning after the date of the enactment of this Act.

Amends title XIX (Medicaid) of the Social Security Act to prohibit the imposition of Medicaid home liens and Medicaid estate recovery for long-term care services in the case of an individual who has received benefits under a qualified long-term care insurance policy for at least three years during the five-year period ending on the date of provision of such services. Amends the Internal Revenue Code to: (1) repeal the inclusion in an employee's gross income of employer-provided coverage (through a flexible spending or similar arrangement (FSA)) of qualified long-term care services; (2) allow the carryover of amounts in excess of the maximum amount of reimbursement under an FSA; and (3) exclude from gross income the reimbursement of long-term care insurance premiums by FSAs (as well as the reimbursement of health insurance premiums during unemployment).

Real Estate Investment Trust Modernization Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northwest Straits Marine Conservation Initiative Reauthorization and Expansion Act of 2008''. SEC. 2. EXPANSION OF NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE ACT. The Northwest Straits Marine Conservation Initiative Act (title IV of Public Law 105-384; 112 Stat. 3458) is amended-- (1) in section 402, by striking ``(in this title referred to as the `Commission')''; and (2) by striking sections 403, 404, and 405 and inserting the following: ``SEC. 403. FINDINGS. ``Congress makes the following findings: ``(1) The marine waters and ecosystem of the Northwest Straits in Puget Sound in the State of Washington represent a unique resource of enormous environmental and economic value to the people of the United States. ``(2) During the 20th century, the environmental health of the Northwest Straits declined dramatically as indicated by impaired water quality, declines in marine wildlife, collapse of harvestable marine species, loss of critical marine habitats, ocean acidification, and sea level rise. ``(3) At the start of the 21st century, the Northwest Straits have been threatened by sea level rise, ocean acidification, and other effects of climate change. ``(4) In 1998, the Northwest Straits Marine Conservation Initiative Act (title IV of Public Law 105-384) was enacted to tap the unprecedented level of citizen stewardship demonstrated in the Northwest Straits and create a mechanism to mobilize public support and raise capacity for local efforts to protect and restore the ecosystem of the Northwest Straits. ``SEC. 404. DEFINITIONS. ``In this title: ``(1) Commission.--The term `Commission' means the Northwest Straits Advisory Commission established by section 402. ``(2) Indian tribe.--The term `Indian tribe' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(3) Northwest straits.--The term `Northwest Straits' means the marine waters of the Strait of Juan de Fuca and of Puget Sound from the Canadian border to the south end of Snohomish County. ``SEC. 405. MEMBERSHIP OF THE COMMISSION. ``(a) Composition.--The Commission shall be composed of up to 14 members who shall be appointed as follows: ``(1) One member appointed by a consensus of the members of a marine resources committee established under section 408 for each of the following counties of the State of Washington: ``(A) San Juan County. ``(B) Island County. ``(C) Skagit County. ``(D) Whatcom County. ``(E) Snohomish County. ``(F) Clallam County. ``(G) Jefferson County. ``(2) Two members appointed by the Secretary of the Interior in trust capacity and in consultation with the Northwest Indian Fisheries Commission or the Indian tribes affected by this title collectively, as the Secretary of the Interior considers appropriate, to represent the interests of such tribes. ``(3) One member appointed by the Governor of the State of Washington to represent the interests of the Puget Sound Partnership. ``(4) Four members appointed by the Governor of the State of Washington who-- ``(A) are residents of the State of Washington; and ``(B) are not employed by a Federal, State, or local government. ``(b) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. ``(c) Chairperson.--The Commission shall select a Chairperson from among its members. ``(d) Meeting.--The Commission shall meet at the call of the Chairperson, but not less frequently than quarterly. ``SEC. 406. GOAL AND DUTIES OF THE COMMISSION. ``(a) Goal.--The goal of the Commission is to protect and restore the marine waters, habitats, and species of the Northwest Straits region to achieve ecosystem health and sustainable resource use by-- ``(1) designing and initiating projects that are driven by sound science, local priorities, community-based decisions, and the ability to measure results; ``(2) building awareness and stewardship and making recommendations to improve the health of the Northwest Straits marine resources; ``(3) maintaining and expanding diverse membership and partner organizations; ``(4) expanding partnerships with governments of Indian tribes and continuing to foster respect for tribal cultures and treaties; and ``(5) recognizing the importance of economic and social benefits that are dependent on marine environments and sustainable marine resources. ``(b) Duties.--The duties of the Commission are the following: ``(1) To provide resources and technical support for marine resources committees established under section 408. ``(2) To work with such marine resources committees and appropriate entities of Federal and State governments and Indian tribes to develop programs to monitor the overall health of the marine ecosystem of the Northwest Straits. ``(3) To identify factors adversely affecting or preventing the restoration of the health of the marine ecosystem and coastal economies of the Northwest Straits. ``(4) To develop scientifically sound restoration and protection recommendations, informed by local priorities, that address such factors. ``(5) To assist in facilitating the successful implementation of such recommendations by developing broad support among appropriate authorities, stakeholder groups, and local communities. ``(6) To develop and implement regional projects based on such recommendations to protect and restore the Northwest Straits ecosystem. ``(7) To serve as a public forum for the discussion of policies made by a Federal, State, or local government, an Indian tribe, or the Government of Canada and actions with respect to the marine ecosystem of the Northwest Straits. ``(8) To inform appropriate authorities and local communities about the marine ecosystem of the Northwest Straits and about issues relating to the marine ecosystem of the Northwest Straits. ``(9) To consult with all affected Indian tribes in the region of the Northwest Straits to ensure that the work of the Commission does not violate tribal treaty rights. ``(c) Benchmarks.--The Commission shall carry out its duties in a manner that promotes the achieving of the benchmarks described in subsection (f)(2). ``(d) Coordination and Collaboration.--The Commission shall carry out the duties described in subsection (b) in coordination and collaboration, when appropriate, with Federal, State, and local governments and Indian tribes. ``(e) Regulatory Authority.--The Commission shall have no power to issue regulations. ``(f) Annual Report.-- ``(1) In general.--Each year, the Commission shall prepare, submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Under Secretary for Oceans and Atmosphere, and make available to the public an annual report describing-- ``(A) the activities carried out by the Commission during the preceding year; and ``(B) the progress of the Commission in achieving the benchmarks described in paragraph (2). ``(2) Benchmarks.--The benchmarks described in this paragraph are the following: ``(A) Protection and restoration of marine, coastal, and nearshore habitats. ``(B) Prevention of loss and achievement of a net gain of healthy habitat areas. ``(C) Protection and restoration of marine populations to healthy, sustainable levels. ``(D) Protection of the marine water quality of the Northwest Straits region and restoration of the health of marine waters. ``(E) Collection of high-quality data and promotion of the use and dissemination of such data. ``(F) Promotion of stewardship and understanding of Northwest Straits marine resources through education and outreach. ``SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE MATTERS. ``(a) Director.--The Manager of the Shorelands and Environmental Assistance Program of the Department of Ecology of the State of Washington may, upon the recommendation of the Commission and the Director of the Padilla Bay National Estuarine Research Reserve, appoint and terminate a Director of the Commission. The employment of the Director shall be subject to confirmation by the Commission. ``(b) Staff.--The Director may hire such other personnel as may be appropriate to enable the Commission to perform its duties. Such personnel shall be hired through the personnel system of the Department of Ecology of the State of Washington. ``(c) Administrative Service.--If the Governor of the State of Washington makes available to the Commission the administrative services of the State of Washington Department of Ecology and Padilla Bay National Estuarine Research Reserve, the Commission shall use such services for employment, procurement, grant and fiscal management, and support services necessary to carry out the duties of the Commission. ``SEC. 408. MARINE RESOURCES COMMITTEES. ``(a) In General.--The government of each of the counties referred to in subparagraph (A) through (G) of section 405(a)(1) may establish a marine resources committee that-- ``(1) complies with the requirements of this section; and ``(2) receives from such government the mission, direction, expert assistance, and financial resources necessary-- ``(A) to address issues affecting the marine ecosystems within its county; and ``(B) to work to achieve the benchmarks described in section 406(f)(2). ``(b) Membership.-- ``(1) In general.--Each marine resources committee established pursuant to this section shall be composed of-- ``(A) members with relevant scientific expertise; and ``(B) members that represent balanced representation, including representation of-- ``(i) local governments, including planning staff from counties and cities with marine shorelines; ``(ii) affected economic interests, such as ports and commercial fishers; ``(iii) affected recreational interests, such as sport fishers; and ``(iv) conservation and environmental interests. ``(2) Tribal members.--With respect to a county referred to in subparagraph (A) through (G) of section 405(a)(1), each Indian tribe with usual and accustomed fishing rights in the waters of such county and each Indian tribe with reservation lands in such county, may appoint one member to the marine resources committee for such county. Such member may be appointed by the respective tribal authority. ``(3) Chairperson.-- ``(A) In general.--Each marine resources committee established pursuant to this section shall select a chairperson from among members by a majority vote of the members of the committee. ``(B) Rotating position.--Each marine resources committee established pursuant to this section shall select a new chairperson at a frequency determined by the county charter of the marine resources committee to create a diversity of representation in the leadership of the marine resources committee. ``(c) Duties.--The duties of a marine resources committee established pursuant to this section are the following: ``(1) To assist in assessing marine resource problems in concert with governmental agencies, tribes, and other entities. ``(2) To assist in identifying local implications, needs, and strategies associated with the recovery of Puget Sound salmon and other species in the region of the Northwest Straits listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in coordination with Federal, State, and local governments, Indian tribes, and other entities. ``(3) To work with other entities to enhance the scientific baseline and monitoring program for the marine environment of the Northwest Straits. ``(4) To identify local priorities for marine resource conservation and develop new projects to address those needs. ``(5) To work closely with county leadership to implement local marine conservation and restoration initiatives. ``(6) To coordinate with the Commission on marine ecosystem objectives. ``(7) To educate the public and key constituencies regarding the relationship between healthy marine habitats, harvestable resources, and human activities. ``SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION FOUNDATION. ``(a) Establishment.--The Director of the Commission and the Director of the Padilla Bay National Estuarine Research Reserve may enter into an agreement with an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 to establish a nonprofit foundation to support the Commission and the marine resources committees established under section 408 in carrying out their duties under this Act. ``(b) Designation.--The foundation authorized by subsection (a) shall be known as the `Northwest Straits Marine Conservation Foundation'. ``(c) Receipt of Grants.--The Northwest Straits Marine Conservation Foundation may, if eligible, apply for, accept, and use grants awarded by Federal agencies, States, local governments, regional agencies, interstate agencies, corporations, foundations, or other persons to assist the Commission and the marine resources committees in carrying out their duties under this Act. ``(d) Transfer of Funds.--The Northwest Straits Marine Conservation Foundation may transfer funds to the Commission or the marine resources committees to assist them in carrying out their duties under this Act. ``SEC. 410. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Under Secretary for Oceans and Atmosphere to support the Commission in carrying out its duties and administrative functions under this title-- ``(1) $2,250,000 for each of the fiscal years 2009 through 2011; and ``(2) $2,500,000 for each of fiscal years 2012 and 2013.''.

Northwest Straits Marine Conservation Initiative Reauthorization and Expansion Act of 2008 - Amends the Northwest Straits Marine Conservation Initiative Act to: (1) set forth the membership of the Northwest Straits Advisory Commission; (2) state the goal of the Commission as the protection and restoration of the marine waters, habitats, and species of the Northwest Straits region in the state of Washington to achieve ecosystem health and sustainable resource use; and (3) enumerate the duties of the Commission and establish benchmarks for its work. Provides for the appointment of a Director of the Commission and the establishment of marine resources committees in specified counties of the state of Washington. Authorizes the Director of the Commission and the Director of the Padilla Bay National Estuarine Research Reserve to establish the Northwest Straits Marine Conservation Foundation as a nonprofit foundation to support the Commission and the marine resources committees established by this Act. Authorizes appropriations for the Commission.

A bill to reauthorize and expand the Northwest Straits Marine Conservation Initiative Act to promote the protection of the resources of the Northwest Straits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``The American Legion 100th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) on March 15, 1919, The American Legion was founded in Paris, France, by members of the American Expeditionary Force occupying Europe after World War I and concerned about the welfare of their comrades and communities upon their return to the United States; (2) on September 16, 1919, Congress chartered The American Legion, which quickly grew to become the largest veterans service organization in the United States; (3) The American Legion conferences in Washington, DC, in 1923 and 1924 crafted the first United States Flag Code, which was adopted in schools, States, cities and counties prior to being enacted in 1942, establishing the proper use, display, and respect for the colors of the United States; (4) during World War II, The American Legion developed and presented to Congress its case for vastly improved support for medically discharged, disabled veterans, which ultimately became the Servicemen's Readjustment Act of 1944 (58 Stat. 284; chapter 268), better known as the G.I. Bill of Rights, and was drafted by former American Legion National Commander Harry W. Colmery in Washington's Mayflower Hotel; (5) through the leadership and advocacy of The American Legion, the G.I. Bill was enacted in June 1944, which led to monumental changes in United States society, including the democratization of higher education, home ownership for average people in the United States, better VA hospitals, business and farm loans for veterans, and the ability to appeal conditions of military discharge; (6) defying those who argued the G.I. Bill would break the Treasury, according to various researchers, the G.I. Bill provided a tremendous return on investment of $7 to the United States economy for every $1 spent on the program, triggering a half- century of prosperity in the United States; (7) after Hurricane Hugo in 1989, The American Legion established the National Emergency Fund to provide immediate cash relief for veterans who have been affected by natural disasters; (8) American Legion National Emergency Fund grants after Hurricanes Katrina and Rita in 2005, for instance, exceeded $1,700,000; (9) The American Legion fought to see the Veterans Administration elevated to Cabinet-level status as the Department of Veterans Affairs, ensuring support for veterans would be set at the highest level of the Federal Government, as a priority issue for the President; (10) after a decades-long struggle to improve the adjudication process for veterans disputing claims decisions, The American Legion helped shape and introduce the Veterans Reassurance Act to create a venue for judicial review of veterans' appeals; (11) building on these efforts, legislation was passed in 1988 to create the United States Court of Veterans Appeals, today known as the United States Court of Appeals for Veterans Claims; (12) The American Legion created the American Legacy Scholarship Fund for children of military members killed on active duty on or after September 11, 2001; (13) in 2016, The American Legion's National Executive Committee amended the original scholarship criteria to include children of veterans with 50 percent or greater VA disability ratings; (14) President George W. Bush signed into law the Post-9/11 Veterans Educational Assistance Act (title V of the Supplemental Appropriations Act, 2008; 122 Stat. 2357), a next-generation G.I. Bill strongly supported by The American Legion and the most comprehensive educational benefits package since the original G.I. Bill of Rights was enacted in 1944; (15) in August 2018, The American Legion will begin its centennial recognition at the 100th National Convention in Minneapolis, Minnesota, the site of the first American Legion National Convention; and (16) in March 2019, the organization will celebrate its 100th birthday in Paris, France, and September 16, 2019, will mark the 100th anniversary of The American Legion's Federal charter. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the 100th anniversary of The American Legion, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half-dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (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 sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design for the coins minted under this Act shall be emblematic of The American Legion. (b) Designations and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the denomination of the coin; (2) an inscription of the year ``2019''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the Commission of Fine Arts; and (B) the Adjutant of The American Legion, as defined in the constitution and bylaws of The American Legion; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2019. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price based upon the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin described under section 3(a)(2). (3) A surcharge of $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to The American Legion for costs related to-- (1) promoting the importance of and caring for those who have served in uniform, ensuring they receive proper health care and disability benefits earned through military service; (2) promoting the importance of, and caring for, those who are still serving in the Armed Forces; (3) promoting the importance of maintaining the patriotic values, morals, culture, and citizenship of the United States; and (4) promoting the importance of maintaining strong families, assistance for at-risk children, and activities that promote their healthy and wholesome development. (c) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. (d) Audit.--The recipient described under subsection (b) shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to the recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. 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 September 25, 2017. The American Legion 100th Anniversary Commemorative Coin Act (Sec. 3) This bill requires the Department of the Treasury to mint and issue gold, silver, and half-dollar clad commemorative coins in recognition and celebration of the 100th anniversary of the American Legion. (Sec. 5) Treasury may issue coins minted under this bill for only a one-year period, beginning January 1, 2019. (Sec. 7) All sales of coins minted under this bill shall include a surcharge of $35 per gold coin, $10 per silver coin, and $5 per half-dollar clad coin. Surcharges received shall be paid to the American Legion for costs related to promoting the importance of: (1) caring for those who have served or are serving in the Armed Forces; and (2) maintaining patriotic values, strong families, and assistance for at-risk children.

The American Legion 100th Anniversary Commemorative Coin Act

SECTION 1. PROHIBITION ON USE OF PRIVATE SECURITY CONTRACTORS AND MEMBERS OF THE AFGHAN PUBLIC PROTECTION FORCE TO PROVIDE SECURITY FOR MEMBERS OF THE ARMED FORCES AND MILITARY INSTALLATIONS AND FACILITIES IN AFGHANISTAN. (a) Findings.--Congress makes the following findings: (1) According to the Department of Defense, as of February 1, 2012, there had been 42 insider attacks on coalition forces since 2007 by the Afghan National Army, Afghan National Police, or Afghan nationals hired by private security contractors to guard United States bases and facilities in Afghanistan. (2) The Department of Defense data shows that the trend of insider attacks is increasing. (3) Members of the Armed Forces of the United States continue to be garrisoned and housed in facilities and installations in Afghanistan that are guarded by private security contractors and not by United States or coalition forces. (4) President Karzai has prohibited the use of private security contractors in Afghanistan and determined that beginning in March, 2012, the Afghan Ministry of Interior will provide Afghan Public Protection Forces on a reimbursable basis to those desiring to contract for additional security. (5) The Afghan Ministry of Interior will have the primary responsibility for screening and vetting the Afghan nationals who will comprise the Afghan Public Protection Force. (6) The current force levels in Afghanistan are necessary to accomplish the International Security Assistance Force mission and force protection for members of the Armed Forces garrisoned and housed in Afghanistan should not come at the expense of mission success. (7) The President of the United States has begun to draw down United States military forces in Afghanistan and has committed to continue this drawdown through 2014. (8) The redeployment phase of any military operation brings increasing vulnerabilities to members of the Armed Forces. (9) It is the responsibility of the Commander in Chief to provide for the security for members of the Armed Forces deployed to Afghanistan and to mitigate internal threats to such forces to the greatest extent possible, while continuing to meet the objectives of the International Security Assistance Force mission in Afghanistan, including the training and equipping of the Afghan National Security Forces in order that they may provide for their own security. (b) Sense of Congress.--It is the sense of Congress that-- (1) the best security and force protection for members of the Armed Forces garrisoned and housed in Afghanistan should be provided; (2) better security and force protection for members of the Armed Forces garrisoned and housed in Afghanistan can be provided by United States military personnel than private security contractors or members of the Afghan Public Protection Force; (3) the President should take action in light of the increased risk to members of the Armed Forces during this transitional period in Afghanistan and the increasing number of insider attacks; and (4) the United States remains committed to mission success in Afghanistan in light of the national security interests in the region and the sacrifice and commitment of the United States Armed Forces over the last ten years. (c) Prohibition.--Notwithstanding section 2465 of title 10, United States Code, funds appropriated to the Department of Defense may not be obligated or expended for the purpose of-- (1) entering into a contract for the performance of security-guard functions at a military installation or facility in Afghanistan at which members of the Armed Forces deployed to Afghanistan are garrisoned or housed; (2) otherwise employing private security contractors to provide security for members of the Armed Forces deployed to Afghanistan; or (3) employing the Afghan Public Protection Force to provide security for such members or to perform such security-guard functions at such a military installation or facility. (d) Requirement.-- (1) In general.--The President shall ensure that as many appropriately trained members of the Armed Forces of the United States as are necessary are available to-- (A) perform security-guard functions at all military installations and facilities in Afghanistan at which members of the Armed Forces deployed to Afghanistan are garrisoned or housed; (B) provide security for members of the Armed Forces deployed to Afghanistan; and (C) provide adequate counterintelligence support for such members. (2) Relationship to other requirements and limitations.-- The members of the Armed Forces required to be made available under paragraph (1) shall be in addition to-- (A) the number of such members who are deployed to Afghanistan to support the requirements of the North Atlantic Treaty Organization mission in Afghanistan and the military campaign plan of the Commander of the International Security and Assistance Force; and (B) any limitation on force levels that may be in effect. (e) Waiver.--The President may waive the prohibition under subsection (c) and the requirement under subsection (d) if the President submits to Congress certification in writing that-- (1) the use of private security contractors or the Afghan Public Protection Force can provide a level of security and force protection for members of the Armed Forces deployed to Afghanistan that is at least equal to the security and force protection that can be provided by members of the Armed Forces; and (2) the Secretary of Defense has ensured that all employees of private security contractors and members of the Afghan Public Protection Force providing security or force protection for members of the Armed Forces deployed to Afghanistan are independently screened and vetted by members of the Armed Forces of the United States. (f) Definition.--In this section, the term ``members of the Armed Forces deployed to Afghanistan'' means members of the Armed Forces deployed to Afghanistan in support of the International Security Assistance Force in Afghanistan and members of the Armed Forces of the United States deployed to Afghanistan in support of Operation Enduring Freedom.

Expresses the sense of Congress that: (1) the best possible security and force protection for members of the Armed Forces garrisoned and housed in Afghanistan (members) should be provided, (2) better security and force protection for such members can be provided by U.S. military personnel than by private security contractors or members of the Afghan Public Protection Force, (3) the President should take action in light of the increased risk to such members during the drawdown period and the increasing number of insider attacks, and (4) the United States remains committed to mission success in Afghanistan in light of the national security interests in the region and the sacrifice and commitment of the Armed Forces over the last ten years. Prohibits funds appropriated to the Department of Defense (DOD) from being obligated or expended for: (1) entering into a contract for the performance of security-guard functions at a military installation or facility in Afghanistan at which members deployed to Afghanistan are garrisoned or housed, (2) otherwise employing private security contractors to provide security for such members, or (3) employing the Afghan Public Protection Force to provide such security or to perform security-guard functions at such a military installation or facility. Allows the President to waive such prohibition after a certification to Congress that the Afghan Public Protection Force or private security contractors can provide protection at least equal to that provided by the Armed Forces. Directs the President to ensure that as many appropriately trained members of the U.S. Armed Forces as necessary are available to provide: (1) the security-guard functions at the installations and facilities at which members deployed to Afghanistan are garrisoned, (2) security for all members deployed to Afghanistan, and (3) counterintelligence support for such members.

To prohibit the use of private security contractors and members of the Afghan Public Protection Force to provide security for members of the Armed Forces and military installations and facilities in Afghanistan, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Urban Watershed Model Restoration Act''. SEC. 2. ANACOSTIA RIVER WATERSHED RESTORATION AND PROTECTION PILOT PROGRAM. (a) In General.--The Administrator of the Environmental Protection Agency shall develop and carry out a pilot program to serve as a national model for the restoration of urban watersheds and community environments. The purposes of the program shall be to demonstrate methods to encourage urban communities to use their environmental resources as a catalyst for sustainable community redevelopment and to meet the objectives of the Federal Water Pollution Control Act, including stormwater, combined sewer overflows, and other water quality objectives. The program shall have a dual function of restoration and protection of river resources and reduction of environmental human health risks in the surrounding communities. (b) Location.--The pilot program under this section shall be carried out in the Anacostia River watershed, District of Columbia and Maryland. (c) Activities.--In carrying out the program under this section, the Administrator shall-- (1) integrate on a community or geographic basis the regulatory and nonregulatory programs of the Environmental Protection Agency with other Federal, State, and local government programs and provide effective coordination among such programs; (2) support baseline monitoring efforts of State and local governments to determine key trends in ambient environmental conditions for the purpose of filling gaps in critical data about the environmental condition of the watershed; (3) develop and maintain environmental indicators in conjunction with interested public entities and ensure regular public reporting of these indicators; (4) provide grants in accordance with subsection (d) to local community groups and nonprofit organizations to foster community involvement in the decisionmaking process, environmental educational goals, and restoration strategies; (5) assist in the establishment of measurable goals for such restoration; (6) maintain annual program plans which provide for public input; (7) provide opportunities for the education of school children and community groups on local environmental resources and on what individuals can do to reduce environmental and health risks; (8) develop consensus strategies for the restoration and protection of the watershed in cooperation with other Federal, State, and local groups to address critical issues and needs; (9) maintain a biennial Federal work planning process for Federal landholders and programmatic agencies to identify specific opportunities and needs for Federal activities in support of the pilot program's goals; (10) demonstrate new technologies and approaches which are applicable nationally to stormwater management, combined sewer overflow control, floatables reduction, forest buffer restoration, and other activities being conducted under the Federal Water Pollution Control Act; (11) participate in urban habitat improvement projects in the watershed on a demonstration basis; (12) assist in the implementation of the regional action plan for toxics reduction and prevention in the watershed; (13) implement on the ground projects for restoration of the watershed to the extent they are unique or transferable to national audiences; and (14) maintain and enhance the Biennial Work Plan for the Anacostia River Watershed published by the United States Army Corp of Engineers and the Environmental Protection Agency for the purpose of identifying specific opportunities for Federal landholders to contribute to the pilot program. (d) Challenge Grants.-- (1) Set-aside.--The Administrator may set aside no less than $500,000 of amounts appropriated to carry out this section for each fiscal year to make grants under subsection (c)(4). (2) Environmental protection agency share.--The Environmental Protection Agency's share of the costs of activities to be carried out with a grant under this section shall be not less than 75 percent. The remaining share of such costs may be provided through in-kind contributions and may be provided from Federal funds appropriated to carry out any law, other than this Act, if the Federal agency making such funds available agrees. (e) Coordination.--In carrying out the pilot program under this section, the Administrator shall work in coordination with other Federal agencies, particularly the Army Corps of Engineers, to identify projects and activities which are supportive of the goals of the pilot program. (f) Reports.--The Administrator shall transmit to Congress by January 1 of each fiscal years 2003 through 2007 a report on the activities carried out under, and results of, the pilot program during the preceding fiscal year, including a report on the technical, managerial, and public involvement aspects of the pilot program which are transferable to other urban areas. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2003 through 2007. Such sums shall remain available until expended.

National Urban Watershed Model Restoration Act - Directs the Administrator of the Environmental Protection Agency to develop and carry out a pilot program to serve as a national model for the restoration of urban watersheds and community environments. Requires such program to be carried out in the Anacostia River watershed, District of Columbia and Maryland.Authorizes the Administrator to set aside amounts for grants to local community groups and nonprofit organizations to foster community involvement in the decision making process, environmental educational goals, and restoration strategies.

To direct the Administrator of the Environmental Protection Agency to carry out a pilot program for restoration of urban watersheds and community environments in the Anacostia River watershed, District of Columbia and Maryland, and for other purposes.

SECTION 1. BLACKWATER RIVER AND WITHLACOOCHEE STATE FORESTS, FLORIDA. (a) Release.--If the State of Florida, not later than 10 years after the date of the enactment of this Act, notifies the Secretary of Agriculture that encroachments by improvements or occupation have occurred before July 13, 2006, on one or more of the parcels of real property described in subsection (b), the Secretary shall release to Florida all right, title, and interest of the United States in and to any identified parcel, such right, title, and interest consisting of the reversionary interest of the United States on the affected areas within any identified parcel without further Federal administrative review or analysis. (b) Original Deeded Land Descriptions.-- (1) The parcel of real property described in a deed dated November 4, 1955, conveying certain lands in Santa Rosa County to the State of Florida. (2) The parcel of real property described in a deed dated April 11, 1957, conveying certain lands in Santa Rosa County to the State of Florida. (3) The parcel of real property described in a deed dated November 4, 1955, conveying certain lands in Okaloosa County to the State of Florida. (4) The parcel of real property described in a deed dated November 26, 1982, conveying certain lands in Citrus, Hernando, Pasco, and Sumter Counties to the State of Florida. (c) Deeds.--The 4 deeds referred to in subsection (b) are recorded as follows: (1) Deed Book 122, pages 397-437, Santa Rosa County, Florida. (2) Deed Book 133, pages 333-337, Santa Rosa County, Florida. (3) Deed Book 121, pages 511-528, Okaloosa County, Florida. (4) Official Record Book 610, pages 1228-1237, Citrus County, Florida. (5) Official Record Book 517, pages 491-500, Hernando County, Florida. (6) Official Record Book 269, pages 126-135, Sumter County, Florida. (7) Official Record Book 1240, pages 1065-1074, Pasco County, Florida. (d) Consideration.--The United States shall receive no funds as consideration for the release of the reversionary interests under subsection (a). As consideration for such release, the State of Florida shall agree to the following: (1) Use of proceeds.--All net proceeds from the sale, exchange, or other disposition of the real property subject to the reversionary interests shall be used by the State of Florida for the acquisition of other lands within or adjacent to the exterior boundaries of Blackwater River State Forest and Withlacoochee State Forest. (2) Use of acquired lands.--Any lands acquired by the sale, exchange, or other disposition of the real property subject to the reversionary interests shall become a part of the State forest in which the acquired lands are located and shall be subject to the condition that the acquired lands be used for public purposes. (3) Retention of land base.--The total land base of such State forests shall not be reduced below the original acreage of the real property included in the conveyances described in subsection (a), except in the case of any lands conveyed at the request of the United States, and the total land base shall be managed in perpetuity as State forest land. (4) Fund; records.--All net proceeds from the sale, exchange, or other disposition of the real property subject to the reversionary interests shall be maintained by the State of Florida in a separate fund prior to use under paragraph (1). The record of all transactions involving such fund shall be open to inspection by the Secretary of Agriculture. (5) Indemnification.--The State of Florida shall agree to indemnify and hold the United States harmless with regard to any boundary disputes related to any parcel released under this section. (6) Survey; maps.--Before any release of a reversionary interest under subsection (a), the State of Florida shall provide to the Secretary, at the expense of the State of Florida, a survey and a map acceptable to the Secretary of the areas encroached upon by improvements or occupied to be identified and for which a release under subsection (a) is requested. (e) Instrument of Release.--Not later than 90 days after receipt from the State of Florida of an identified parcel under subsection (a), the Secretary of Agriculture shall execute and file in the appropriate office or offices a deed of release, amended deed, or other appropriate instrument effectuating the release of the reversionary interests on that parcel. (f) Availability of Records.--The survey and maps required under subsection (d)(6), deeds, and other relevant legal records related to any release of a reversionary interest under subsection (a) shall be kept on file and available for public inspection at the approprate office of the Department of Agriculture.

Directs the Secretary of Agriculture, if the State of Florida notifies the Secretary that encroachments by improvements or occupation have occurred before July 13, 2006, on one or more of the parcels of real property described in this Act, to release to Florida any reversionary interest of the United States in and to any identified parcel without further federal administrative review or analysis. Bars the United States from receiving any funds as consideration for the release of the reversionary interests specified above. Requires all net proceeds from the disposition of such real property to be used by the State for the acquisition of other lands adjacent to the exterior boundaries of Blackwater River State Forest and Withlacoochee State Forest. Requires: (1) any lands so acquired to become a part of the state forest; and (2) that the acquired lands be used for public purposes. Requires the State to agree to indemnify and hold the United States harmless with regard to any boundary disputes related to any parcel released under this Act.

To provide for the Secretary of Agriculture to release the reversionary interest of the United States on certain land in the State of Florida if encroachments and trespassing have occurred on that land, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Health Museum Act of 2005''. SEC. 2. PURPOSE. The purpose of this Act is to provide for a site to be used for the construction and operation of a national health museum. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) CERCLA.--The term ``CERCLA'' means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (3) Committees.--The term ``Committees'' means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (4) Museum.--The term ``Museum'' means the National Health Museum, Inc., a District of Columbia nonprofit corporation exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986. (5) Northern portion of the property.--The term ``northern portion of the property'' means that portion of the property which the Administrator and Museum deem appropriate for the museum facility. (6) Property.--The term ``property'' means the property located in the District of Columbia, subject to survey and as determined by the Administrator, generally consisting of Squares 325 and 326, and the westerly portions of Squares 351 and 352, including the parcel and structure commonly known as the ``Cotton Annex''. The property is generally bounded by 12th Street, Independence Avenue, Maryland Avenue, the James Forrestal Building, and L'Enfant Plaza, all in Southwest, Washington, D.C., and shall include all associated air rights, improvements thereon, and appurtenances thereto. (7) Southern portion of the property.--The term ``southern portion of the property'' means that portion of the property other than the northern portion of the property. SEC. 4. CONVEYANCE OF PROPERTY. (a) Authority to Convey.-- (1) In general.--Subject to the requirements of this Act, the Administrator shall convey the property to the Museum on such terms and conditions as the Administrator considers reasonable and appropriate to protect the interests of the United States and further the purposes of this Act. (2) Agreement.--As soon as practicable, but not later than 60 days after the date of enactment of this Act, the Administrator shall enter into an agreement with the Museum for the conveyance. (3) Terms and conditions.--The terms and conditions of the agreement shall address, among other things, mitigation of developmental impacts to existing Federal buildings and structures, security concerns, and operational protocols for development and use of the property. (4) Separate conveyance of northern and southern portions.--Under the agreement, the Administrator shall convey the northern portion of the property separately from and, if so agreed by the Administrator and the Museum, at a different time than the southern portion of the property. (b) Purchase Price.-- (1) In general.--The purchase price for the property shall be its fair market value based on its highest and best use as determined by an independent appraisal commissioned by the Administrator and paid for by the Museum. (2) Selection of appraiser.--The appraisal shall be performed by an appraiser mutually acceptable to the Administrator and the Museum. (3) Terms and conditions for appraisal.-- (A) In general.--Except as provided by subparagraph (B), the assumptions, scope of work, and other terms and conditions related to the appraisal assignment shall be mutually acceptable to the Administrator and the Museum. (B) Required terms.--The following terms and conditions shall apply to the appraisal: (i) The appraisal shall assume that the property does not contain hazardous substances (as defined in section 101 of CERCLA (42 U.S.C. 9601)) which require remedial action (as defined in such section). (ii) The appraisal shall state a value for the property as a whole as well as separate values for the northern portion and southern portion of the property, taking into consideration the impact to value (if any) resulting from a conveyance of less than the entirety of the property. (c) Application of Proceeds.--The purchase price shall be paid into the Federal Buildings Fund established under section 592 of title 40, United States Code. Upon deposit, the Administrator may expend the proceeds from the conveyance for any lawful purpose consistent with existing authorities granted to the Administrator; except that the Administrator shall provide the Committees with 30 days advance written notice of any expenditure of the proceeds. (d) Quit Claim Deed.-- (1) In general.--The property shall be conveyed pursuant to 2 quit claim deeds (one for the northern portion and one for the southern portion of the property), each of which shall contain the covenants required by section 120(h) of CERCLA (42 U.S.C. 9620). (2) Limitation on liability.--The United States shall not be liable or responsible pursuant to paragraph (1) for any additional remedial action-- (A) with respect to hazardous substances not existing on the property as of the date of conveyance, unless the presence of such hazardous substances on the property was caused by the United States; or (B) caused, required, or arising out of actions of the Museum, its affiliate, any successor thereto, or any of their respective agents, contractors, or assigns. (e) Use Restriction.--The northern portion of the property shall be dedicated for use as a site for a national health museum for the 99- year period beginning on date of conveyance of that portion to the Museum. (f) Reversion.-- (1) Bases for reversion.--The northern portion of the property shall revert to the United States, without any obligation for repayment by the United States of any amount of the purchase price for the property, if-- (A) that portion is not used as a site for a national health museum at any time during the 99-year period referred to in subsection (e); or (B) the Museum has not commenced construction of a museum facility on that portion in the 5-year period beginning on the date of enactment of this Act, other than for reasons beyond the control of the Museum as reasonably determined by the Administrator. (2) Enforcement.--The Administrator may perform any acts necessary to enforce the reversionary rights provided in this section. (3) Custody of property upon reversion.--If any portion of the property reverts to the United States pursuant to this section, such property shall be under the custody and control of the Administrator. (g) Closing.-- (1) Deadline.--The Administrator shall convey the northern and southern portions of the property not later than 3 years after the date of enactment of this Act. The Administrator may extend that period for such time as is reasonably necessary for the Museum to perform its obligations under section 5(a). (2) Applicability of requirements.--The requirements of this Act shall remain in full force and effect with respect to any portion of the property conveyed before the deadline established by paragraph (1) or any extension. SEC. 5. ENVIRONMENTAL MATTERS. (a) Liabilities and Responsibilities.--The agreement entered into under section 4(a)(2) shall provide that the Museum will conduct any environmental remediation activity with respect to the property, and bear the costs of any such activity, except as otherwise provided by section 4(d) and subsection (b) of this section. (b) Crediting of Remediation Costs.--Any costs of environmental remediation activities referred to in subsection (a) shall be credited to the purchase price for the property up to an amount not greater than the purchase price for the property. (c) Scope of Remediation Activities.--The scope of any required environmental remediation activity with respect to the property shall be as required by section 120 of CERCLA (42 U.S.C. 9620). SEC. 6. INCIDENTAL COSTS. (a) Responsibilities.--Except as otherwise specifically provided by this Act, the Museum shall bear any and all costs associated with complying with the provisions of this Act, including studies and reports, surveys, relocating tenants, and mitigating impacts to existing Federal buildings and structures resulting directly from the development of the property by the Museum. (b) Relocation of Existing Tenants.--The costs of relocating existing tenants (including the costs of related studies), shall be paid by the Museum up to an amount to be agreed upon by the Administrator and Museum in the agreement entered into under section 4(a)(2), and any costs in excess of such agreed upon amount shall be credited to the purchase price for the property upon the closing on the portion of the property first conveyed. SEC. 7. LAND USE APPROVALS. (a) Existing Authorities.--Nothing in this Act shall be construed as limiting or affecting the authority or responsibilities of the National Capital Planning Commission or the Commission of Fine Arts. (b) Cooperation.-- (1) Zoning and land use.--Subject to paragraph (2), the Administrator shall reasonably cooperate with the Museum with respect to any zoning or other land use matter relating to development of the property in accordance with this Act. Such cooperation shall include consenting to applications by the Museum for applicable zoning and permitting with respect to the property. (2) Limitations.--The Administrator shall not be required to incur any costs with respect to cooperation under this subsection and any consent provided under this subsection shall be premised on the property being developed and operated in accordance with this Act. SEC. 8. REPORTS. Not later than one year after the date of enactment of this Act, and annually thereafter until the end of the 5-year period following conveyance of the property or until substantial completion of the museum facility (whichever is later), the Museum shall submit annual reports to the Administrator and the Committees detailing the development and construction activities of the Museum with respect to this Act.

National Health Museum Act of 2005 - Directs the Administrator of General Services to convey specified property in the District of Columbia as a site for a national health museum, under an agreement with the National Health Museum, Inc., including certain terms and conditions. Sets forth related requirements regarding environmental matters, incidental costs, and land use approvals.

A bill to provide a site for construction of a national health museum, and for other purposes.