autoevaluate/autoeval-staging-eval-project-e1d72cd6-7845032

SECTION 1. LOAN PROGRAM FOR SCHOOL FACILITIES IMPROVEMENT. Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended to read as follows: ``TITLE XII--SCHOOL FACILITIES IMPROVEMENT ACT ``SEC. 12001. FINDINGS. ``The Congress finds the following: ``(1) According to a 1991 survey conducted by the American Association of School Administrators, 74 percent of all public school buildings in the United States need to be replaced. ``(2) Almost one-third of such buildings were built prior to World War II. ``(3) It is estimated that 1 of every 4 public school buildings in the United States is in inadequate condition, and of such buildings, 61 percent need maintenance or major repairs, 43 percent are obsolete, 42 percent contain environmental hazards, 25 percent are overcrowded, and 13 percent are structurally unsound. ``(4) According to a 1996 General Accounting Office report, 14,000,000 students attend schools in which 1 or more school buildings (original, additional, or temporary) are in need of extensive repair or replacement. ``(5) Large numbers of local educational agencies have difficulties securing financing for school facility improvement. ``SEC. 12002. PURPOSE. ``The purpose of this title is to leverage limited Federal funds to enable local educational agencies to finance the costs associated with the improvement of school facilities within their jurisdiction. ``SEC. 12003. FEDERAL ASSISTANCE IN THE FORM OF LOANS. ``(a) Authority and Conditions for Loans.--To assist local educational agencies in the construction of schools to replace schools which are 50 years of age or older, or in the reconstruction or renovation of schools which are 50 years of age or older, the Secretary may make loans of funds to such agencies for the construction, reconstruction, or renovation of such schools. Such assistance shall only be provided-- ``(1) to local educational agencies eligible for grants under section 1124A, schools located on Indian reservations, or local educational agencies eligible for payments under sections 8003 and 8004; and ``(2) if the Secretary finds that such constructions will be undertaken in an economical manner, and that any such construction, reconstruction or renovation is not or will not be of elaborate or extravagant design or materials. ``(b) Priorities.-- ``(1) In general.--In approving loans under this title, the Secretary shall consider-- ``(A) the difficulty of the applicant in securing affordable financing from other sources; ``(B) the threat the condition of the physical plant poses to the safety and well-being of students; ``(C) the demonstrated need for the construction, reconstruction, or renovation as based on the condition of the facility; and ``(D) the age of the facility to be renovated or replaced. ``(2) Preference.--In approving loans under this title, the Secretary shall give preference to applicants from States that have made a loan to the applicant in an amount not less than 25 percent of the amount of the loan amount requested in the application and for the purpose described in the application. ``(c) Amount and Conditions of Loans.--A loan to a local educational agency-- ``(1) may be in an amount not exceeding the total development cost of the facility, as determined by the Secretary; ``(2) shall be secured in such manner, as may be determined by the Secretary; ``(3) shall be repaid within 30 years; and ``(4) shall bear interest at a rate, determined by the Secretary, that will cover the cost (as defined in section 502 of the Federal Credit Reform Act of 1990) of the loan, and the administrative cost to the Federal Government of the loan. ``SEC. 12004. FEDERAL ASSISTANCE IN THE FORM OF DEBT GUARANTEES. ``(a) Authority and Conditions for Debt Guarantees.--To assist local educational agencies in the construction of schools to replace schools which are 50 years of age or older, or in the reconstruction or renovation of schools which are 50 years of age or older, the Secretary may guarantee and make commitments to guarantee eligible debt instruments issued by such agencies for the construction, reconstruction, or renovation of such schools. Such assistance shall only be provided-- ``(1) to local educational agencies eligible for grants under section 1124A, schools located on Indian reservations, or local educational agencies eligible for payments under sections 8003 and 8004; and ``(2) if the Secretary finds that such constructions will be undertaken in an economical manner, and that any such construction, reconstruction or renovation is not or will not be of elaborate or extravagant design or materials. ``(b) Priorities.-- ``(1) In general.--In approving debt guarantees under this title, the Secretary shall consider-- ``(A) the difficulty of the applicant in securing affordable financing guarantees from other sources; ``(B) the threat the condition of the physical plant poses to the safety and well-being of students; ``(C) the demonstrated need for the construction, reconstruction, or renovation as based on the condition of the facility; and ``(D) the age of the facility to be renovated or replaced. ``(2) Preference.--In approving debt guarantees under this title, the Secretary shall give preference to applicants from States that have made a loan to the applicant for the purpose described in the application and in an amount not less than 25 percent of the aggregate principal amount of the debt instruments to be guaranteed. ``(c) Amount and Conditions of Guarantees.--A debt guarantee to a local educational agency-- ``(1) may be in an amount not exceeding the total development cost of the facility, as determined by the Secretary; ``(2) shall be secured in such manner, as may be determined by the Secretary; and ``(3) shall be made only with respect to debt instruments that-- ``(A) have a maturity of 30 years; ``(B) bear interest at a maximum rate, determined by the Secretary taking into account the interest rate paid by the Federal Government with respect to Federal debt instruments of a similar nature; and ``(C) otherwise are in such form and denomination, and are subject to such other conditions, as the Secretary shall prescribe. ``(d) Full Faith and Credit.--The full faith and credit of the United States is hereby pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the debt instrument for such guarantee with respect to principal and interest, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed debt instrument. ``SEC. 12005. GENERAL PROVISIONS. ``(a) Budget and Accounting.--In the performance of, and with respect to, the functions, powers, and duties under this title, the Secretary, notwithstanding the provisions of any other law, shall-- ``(1) prepare annually and submit a budget program as provided for wholly owned Government corporations by chapter 91 of title 31, United States Code; and ``(2) maintain a set of accounts which shall be audited by the Comptroller General in accordance with the provisions of chapter 35 of title 31, United States Code. ``(b) Use of Funds.--Funds made available to the Secretary pursuant to the provisions of this title shall be deposited in a checking account or accounts with the Treasurer of the United States. Receipts and assets obtained or held by the Secretary in connection with the performance of functions under this title, and all funds available for carrying out the functions of the Secretary under this title (including appropriations therefor, which are hereby authorized), shall be available, in such amounts as may from year to year be authorized by the Congress, for the administrative expenses of the Secretary in connection with the performance of such functions. ``(c) Legal Powers.--In the performance of, and with respect to, the functions, powers, and duties under this title, the Secretary, notwithstanding the provisions of any other law, may-- ``(1) prescribe such rules and regulations as may be necessary to carry out the purposes of this title; ``(2) sue and be sued; ``(3) foreclose on any property or commence any action to protect or enforce any right conferred upon the Secretary by any law, contract, or other agreement, and bid for and purchase at any foreclosure or any other sale any property in connection with which the Secretary has made a loan pursuant to this title; ``(4) in the event of any such acquisition, notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United States, complete, administer, remodel and convert, dispose of, lease, and otherwise deal with, such property, but any such acquisition of real property shall not deprive any State or political subdivision thereof of its civil or criminal jurisdiction in and over such property or impair the civil rights under the State or local laws of the inhabitants on such property; ``(5) sell or exchange at public or private sale, or lease, real or personal property, and sell or exchange any securities or obligations, upon such terms as the Secretary may fix; ``(6) obtain insurance against loss in connection with property and other assets held; and ``(7) include in any contract or instrument made pursuant to this title such other covenants, conditions, or provisions as may be necessary to assure that the purposes of this title will be achieved. ``(d) Contracts for Supplies or Services.--Section 3709 of the Revised Statutes shall not apply to any contract for services or supplies on account of any property acquired pursuant to this title if the amount of such contract does not exceed $1,000. ``(e) Applicability of Government Corporation Control Act.--The provisions of section 9107(a) of title 31, United States Code, which are applicable to corporations or agencies subject to chapter 91 of such title, shall also be applicable to the activities of the Secretary under this title. ``(f) Labor Standards.-- ``(1) Laborers and mechanics.--All laborers and mechanics employed by contractors or subcontractors in the performance of any contract or subcontract for the repair, renovation, alteration, or construction, including painting or decorating, of any building or work that is financed in whole or in part by a grant, loan, or debt guarantee under this title, shall be paid wages not less than those determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (Davis Bacon Act), as amended. The Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Number 14 of 1950 (15 FR 3176; 64 Stat. 1267) and section 276c of title 40. ``(2) Exceptions.--The requirements of this subsection shall not apply to an individual-- ``(A) who volunteers-- ``(i) to perform a service directly to a local educational agency for civic, charitable, or humanitarian reasons, without promise, expectation, or receipt of compensation for services rendered, other than expenses, reasonable benefits, or a nominal fee (as defined in subsection (b) of this section), but solely for the personal purpose or pleasure of the individual; and ``(ii) to provide such service freely and without pressure or coercion, direct or implied, from any employer; ``(B) whose contribution of service is not for the direct or indirect benefit of any contractor otherwise performing or seeking to perform work on the same project for which the individual is volunteering; ``(C) who is not employed by and does not provide services to a contractor or subcontractor at any time on any contract or subcontract for the repair, renovation, alteration, or construction, including painting or decorating, of any building or work that is financed in part by a loan, or debt guarantee under this subchapter, for which the individual is volunteering; and ``(D) who is not otherwise employed by the same local educational agency to perform the same type of services as those for which the individual proposes to volunteer. ``(3) Payments to volunteers.--Payments of expenses, reasonable benefits, or a nominal fee may be provided to volunteers described in paragraph (2) of this subsection only in accordance with regulations issued by the Secretary of Labor. In prescribing the regulations, the Secretary shall take into consideration criteria such as the total amount of payments made (relating to expenses, benefits, or fees) in the context of the economic realities. The regulations shall include provisions that provide that-- ``(A) a payment for an expense may be received by a volunteer for items such as uniform allowances, protective gear and clothing, reimbursement for approximate out-of-pocket expenses, or for the cost or expense of meals and transportation; ``(B) a reasonable benefit may include the inclusion of a volunteer in a group insurance plan (such as a liability, health, life, disability, or worker's compensation plan) or pension plan, or the awarding of a length of service award; and ``(C) a nominal fee may not be used as a substitute for compensation and may not be connected to productivity. The decision as to what constitutes a nominal fee for purposes of subparagraph (C) shall be determined based on the context of the economic realities of the situation involved and shall be made by the Secretary of Labor. ``(4) Determination of payment.--For purposes of paragraph (2) of this subsection, in determining whether an expense, benefit, or fee described in such subsection may be paid to volunteers in the context of the economic realities of the particular situation, the Secretary of Labor may not permit any such expense, benefit, or fee that has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry. ``(g) Limitations.-- ``(1) Successive loans.--No loan or bond guarantee shall be made under this title to any local educational agency until 5 years after the date on which a previous loan or bond guarantee to that agency was made under this title, unless the loan is intended to be used to construct or reconstruct a facility damaged as a result of a natural disaster, as declared by the President. ``(2) Schools in one state.--Not more than 12.5 percent of the amount of the funds annually provided for in this title in the form of loans or bond guarantees shall be made available to educational institutions within any one State. ``SEC. 12006. DEFINITION. ``The term `school' is defined as public structures suitable for use as classrooms, laboratories, libraries, and related facilities, the primary purpose of which is the instruction of elementary and secondary school students. ``SEC. 12007. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title, $200,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Amends the Elementary and Secondary Education Act of 1965 to: (1) revise and rename title XII the School Facilities Improvement Act; and (2) establish a loan program and a bond guarantee program to assist local educational agencies in the construction, reconstruction, and renovation of public elementary and secondary schools which are 50 years of age or older. Sets forth program eligibility requirements, priorities, preferences, and amounts and conditions of such loans and debt instrument guarantees. Authorizes appropriations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Freedom Preservation Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) The Internet has had profound benefits for numerous aspects of daily life for millions of people throughout the United States and is increasingly vital to the economy of the United States. (2) The importance of the broadband marketplace to citizens, communities, and commerce warrants a thorough inquiry to obtain input and ideas for a variety of broadband policies that will promote openness, competition, innovation, and affordable, ubiquitous broadband service for all individuals in the United States. SEC. 3. BROADBAND POLICY. Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following new section: ``SEC. 12. BROADBAND POLICY. ``It is the policy of the United States-- ``(1) to maintain the freedom to use for lawful purposes broadband telecommunications networks, including the Internet, without unreasonable interference from or discrimination by network operators, as has been the policy and history of the Internet and the basis of user expectations since its inception; ``(2) to ensure that the Internet remains a vital force in the United States economy, thereby enabling the Nation to preserve its global leadership in online commerce and technological innovation; ``(3) to preserve and promote the open and interconnected nature of broadband networks that enable consumers to reach, and service providers to offer, lawful content, applications, and services of their choosing, using their selection of devices, as long as such devices do not harm the network; and ``(4) to safeguard the open marketplace of ideas on the Internet by adopting and enforcing baseline protections to guard against unreasonable discriminatory favoritism for, or degradation of, content by network operators based upon its source, ownership, or destination on the Internet.''. SEC. 4. INTERNET FREEDOM ASSESSMENT. (a) Internet Freedom Assessment Required.-- (1) In general.--Within 90 days after the date of the enactment of this Act, the Federal Communications Commission (in this Act referred to as the ``Commission'') shall commence a proceeding on broadband services and consumer rights. (2) Specific requirements.--As part of the proceeding under this section, the Commission shall assess-- (A) whether broadband network providers adhere to the Commission's Broadband Policy Statement of August, 2005 (FCC 05-151), including whether, consistent with the needs of law enforcement, such providers refrain from blocking, thwarting, or unreasonably interfering with the ability of consumers to-- (i) access, use, send, receive, or offer lawful content, applications, or services over broadband networks, including the Internet; (ii) use lawful applications and services of their choice; and (iii) attach or connect their choice of legal devices to use in conjunction with their broadband telecommunications or information services, provided such devices do not harm the network; (B) whether broadband network providers add charges for quality of service, or other similar additional fees or surcharges, to certain Internet applications and service providers, and whether such pricing conflicts with the policies of the United States stated in section 12 of the Communications Act of 1934 (as added by section 3 of this Act); (C) whether broadband network providers offer to consumers parental control protection tools, services to combat unsolicited commercial electronic mail, and other similar consumer services, the manner in which such services are offered, and the extent to which such services are consistent with such policies of the United States; (D) practices by which network providers manage or prioritize network traffic, including prioritization for emergency communications, and whether and in what instances such practices may be consistent with such policies of the United States; (E) with respect to content, applications, and services-- (i) the historic economic benefits of an open platform; (ii) the relationship between competition in the broadband Internet access market and an open platform; and (iii) the policy choices and results of global competitors with respect to access competition and an open platform; (F) whether the need for enforceable rules governing openness, consumer rights, and consumer protections or prohibiting unreasonable discrimination is lessened if a broadband network provider provides significantly high bandwidth speeds to consumers; and (G) the potential of policies promoting openness in spectrum allocation, universal service programs, and video franchising to expand innovation through protection from unreasonable interference by network owners of an open marketplace for speech and commerce in content, applications, and services. (b) Public Broadband Summits Required.-- (1) In general.--As part of the proceeding required under subsection (a), and within 1 year after the date of the enactment of this Act, the Commission shall conduct a minimum of 8 public broadband summits, in geographically diverse locations, around the United States. The Commission shall publicly announce the time and location of each such summit at least 30 days in advance. (2) Purpose of public broadband summits.--Such public broadband summits shall seek to bring together, among others, consumers, consumer advocates, small business owners, corporations, venture capitalists, State and local governments, academia, labor organizations, religious organizations, representatives of higher education, primary and secondary schools, public libraries, public safety, and the technology sector to assess competition, consumer protection, and consumer choice issues related to broadband Internet access services. (c) Internet Input.--As part of the proceeding required under subsection (a), the Commission shall seek to utilize broadband technology to encourage input from and communication with the people of the United States through the Internet in a manner that will maximize the ability of such people to participate in such proceeding. (d) Report to Congress.--Within 90 days after completing the summits under subsection (b), the Commission shall submit a report to Congress-- (1) summarizing the results of the assessment under subsection (a), including information gained from the public summits under subsection (b); and (2) providing recommendations on how to promote competition, safeguard free speech, and ensure robust consumer protections and consumer choice relating to broadband Internet access services.

Internet Freedom Preservation Act of 2008 - Amends the Communications Act of 1934 to declare that it is U.S. policy to: (1) maintain the freedom to use broadband telecommunications networks, including the Internet, without unreasonable interference from or discrimination by network operators; (2) enable the United States to preserve its global leadership in online commerce and technological innovation; (3) promote the open and interconnected nature of broadband networks that enable consumers to reach, and service providers to offer, content, applications, and services of their choosing; and (4) guard against unreasonable discriminatory favoritism for, or degradation of, content by network operators based upon its source, ownership, or destination on the Internet. Requires the Federal Communications Commission (FCC) to commence a proceeding on broadband services and consumer rights, including assessing whether broadband network providers: (1) refrain from unreasonably interfering with the ability of consumers to access, use, send, receive, or offer content, applications, or services of their choice, and attach or connect their choice of devices; and (2) add charges for quality of service to certain Internet applications and service providers.

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SECTION 1. REAUTHORIZATION AND UPDATING AMENDMENTS. The Delaware and Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692) is updated as follows: (1) In section 2, by adding at the end the following: ``(6) The Corridor contained the only historic system of the Industrial Revolution that integrated anthracite mining and resource extraction, canals and railroads, commerce and heavy industry, and a remarkable number of the historic elements of the system are intact.''. (2) In section 4, by striking ``Environmental Resources'' and inserting ``Conservation and Natural Resources''. (3) In section 8-- (A) in subsection (b), by inserting ``and review and approval by the Secretary of the strategic plan'' after ``in section 10(a)''; (B) by inserting ``and the strategic plan'' after ``goals of the Plan''; (C) by amending the text of subsection (b)(1) to read as follows: ``assisting the Commonwealth, political subdivisions and non-profit agencies in preserving the historic transportation system of Canals and overland railroads and the maintenance of the system as a trail significant to nation;''; (D) in subsection (b)(2), by striking ``governments'' and inserting ``agencies''; (E) in subsection (b)(3), by striking ``in the Corridor'' and inserting ``and heighten the understanding of the Corridor's nationally important stories''; and (F) by adding at the end the following: ``(c) Stategic Plan.--The Corporation shall develop a Strategic Plan that takes in account the findings and recommendations of the study titled `Connecting Stories, Landscapes and People: Exploring the Delaware and Lehigh National Heritage Corridor Partnership' conducted by the National Park Service Conservation Study Institute. The strategic plan shall complement the management plan for the Corridor by guiding future investment, strengthening and serving the partnership network, positioning the Corridor to take advantage of opportunities, and prioritizing actions.''. (4) In section 9, by adding at the end the following: ``(c) Corporation as Local Management Entity.--Upon the date of the enactment of this subsection, the local management entity for the corridor shall be the Corporation. ``(d) Implementation of Management Plan.--The Corporation will assume the duties of the Commission for the implementation of the management action plan. ``(e) Use of Funds.--The Corporation may use Federal funds made available under this Act-- ``(1) to make grants to and enter into cooperative agreements with the Commonwealth, political subdivisions, nonprofit organizations, and individuals; ``(2) to hire, train, and compensate staff; ``(3) to enter into contracts for goods and services; and ``(4) to obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money.''. (5) In section 10-- (A) in subsection (c), by striking ``shall assist the Commission'' and inserting ``shall, upon the Corporation's request, assist''; (B) in subsection (d), by striking ``Commission'' each place it appears and inserting ``Corporation''; and (C) by adding at the end the following: ``(e) Transition MOU.--The Secretary shall enter into a memorandum of understanding with the Corporation to assure appropriate transition of the local management to the Corporation and coordination with the Corporation regarding the implementation of the management action plan. ``(f) Special Resource Studies.-- ``(1) Sites and features.--The Secretary shall conduct a special resource study of sites and associated landscape features within the boundaries of the Corridor that contribute to the understanding of the Corridor's national significance. To provide appropriate context regarding the contribution of anthracite mining, industries, transportation and commerce to the nation's growth and industrial development, the special resource study shall review the resources of the greater anthracite region of Pennsylvania covered by other designated national heritage areas. ``(2) Potential designation.-- ``(A) Authorization.--Not later than 3 years after the date on which funds are made available to carry out this subsection, the Secretary, in coordination with the Corporation, shall complete the special resource study to evaluate the possibility of-- ``(i) designating one or more site or landscape feature as a unit of the National Park System; and ``(ii) coordinating and complementing actions by the Corporation, Commonwealth, political subdivisions and non-profit agencies, in the preservation and interpretation of significant resources within the Corridor and greater anthracite region. ``(B) Study.--Not later than 30 days after the date on which the special resource study is completed, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the findings, conclusions, and recommendations of the study.''. (6) In section 12-- (A) by striking ``Commission'' each place it appears and inserting ``Corporation''; and (B) by striking ``2007'' and inserting ``2019''. (7) In section 13, by striking ``Commission'' and inserting ``Corporation''. (8) In section 14-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(7) the term `Corporation' means the Delaware and Lehigh National Heritage Corridor, Incorporated, an organization described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation.''.

Amends the Delaware and Lehigh National Heritage Corridor Act of 1988 to revise the appropriate steps the Delaware and Lehigh Navigation Canal National Heritage Corridor Commission is required to take in implementing its Cultural Heritage and Corridor Management Plan for the Delaware and Lehigh Navigation Canal National Heritage Corridor. Requires the Delaware and Lehigh National Heritage Corridor, Incorporated to develop a Strategic Plan for the Corridor that takes into account the findings and recommendations of a specified study conducted by the National Park Service Conservation Study Institute. Requires the plan to compliment the Corridor's management plan. Makes the Corporation the management entity for the Corridor, assuming the Commission's duties in implementing the management action plan. Authorizes the Corporation to use federal funds to make grants to and enter into cooperative agreements with Pennsylvania, local governments, nonprofit corporations, and individuals. Requires the Secretary of the Interior to conduct a special resource study of sites and associated landscape features within the Corridor, including resources of the greater anthracite region of Pennsylvania covered by other designated national heritage areas, that contribute to the understanding of the Corridor's national siginificance. Requires the Secretary, in coordination with the Corporation, to evaluate and report to specified congressional committees on the possibility of: (1) designating one or more sites or landscape features as a unit of the National Park System; and (2) coordinating and complementing actions by the Corporation, Pennsylvania, local governments, and nonprofit agencies in the preservation and interpretation of significant resources within the Corridor and greater anthracite region. Extends the Corporation, in place of the Commission, through November 18, 2019.

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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Theodore Roosevelt Commemorative Coin Act''. (b) Findings.--The Congress makes the following findings: (1) Theodore Roosevelt, the 26th President of the United States, inspired and led the people of the United States toward the goal of natural resource conservation. (2) The protection and conservation of the Nation's natural heritage requires the acquisition by the United States of habitat and rights to the use of habitat. (3) Allowing those persons who benefit from and support conservation efforts to participate in the funding of those efforts is desirable and achievable through the sale of collectors' commemorative coins. SEC. 2. 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: (1) $5 gold coins.--5 dollar coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--1 dollar coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--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) Amounts of coins.-- (1) Gold coins.--The Secretary shall issue coins under subsection (a)(1) with the dates and in the amounts as follows: Year Amount 1997........................... Not more than 500,000. 1998........................... Not more than 500,000. (2) Silver coins.--The Secretary shall issue coins under subsection (a)(2) with the dates and in the amounts as follows: Year Amount 1997........................... Not more than 1,000,000. 1998........................... Not more than 1,000,000. (3) Clad coins.--The Secretary shall issue coins under subsection (a)(3) with the dates and in the amounts as follows: Year Amount 1997........................... Not more than 1,000,000. 1998........................... Not more than 1,250,000. (c) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (d) 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. 3. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. (b) Silver.--The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) Obverse.--The obverse side of the coins minted under this Act shall bear the likeness of Theodore Roosevelt. (2) Reverse.--The reverse side of the coin shall be emblematic of the Nation's natural resources. (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 date of the coin as specified in section 2(b); 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 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) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 1997. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 1998. 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 subsection (d) 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. (d) Surcharges.--All sales shall include a surcharge of-- (1) $35 per coin for the $5 coin; (2) $7 per coin for the $1 coin; and (3) $2 per coin for the half dollar coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) Administration of Endangered Species Act of 1973.--All surcharges received by the Secretary from the sale of coins issued under this Act shall, to the extent and in amounts provided in advance in appropriation Acts, be promptly made available by the Secretary to the Secretary of the Interior for use by such Secretary in connection with the administration of the Endangered Species Act of 1973. (b) Excess Amounts.--If, after the sale of all coins minted under this Act, the amount of surcharges received by the Secretary from the sale of coins issued under this Act exceeds the amount of such surcharges which have been appropriated to the Secretary of the Interior in accordance with subsection (a), such excess amount shall be deposited in the general fund of the Treasury. SEC. 9. 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.

Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins, one-dollar silver coins, and half-dollar coins whose obverse side shall bear the likeness of Theodore Roosevelt, and whose reverse side shall be emblematic of the Nation's natural resources. Mandates that surcharges received from coin sales be made available to the Secretary of the Interior in connection with the administration of the Endangered Species Act of 1973.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Combat Human Trafficking Act of 2015''. SEC. 2. REDUCING DEMAND FOR SEX TRAFFICKING; LOWER MENS REA FOR SEX TRAFFICKING OF UNDERAGE VICTIMS. (a) Clarification of Range of Conduct Punished as Sex Trafficking.--Section 1591 of title 18, United States Code, is amended-- (1) in subsection (a)(1), by striking ``or maintains'' and inserting ``maintains, patronizes, or solicits''; (2) in subsection (b)-- (A) in paragraph (1), by striking ``or obtained'' and inserting ``obtained, patronized, or solicited''; and (B) in paragraph (2), by striking ``or obtained'' and inserting ``obtained, patronized, or solicited''; and (3) by striking subsection (c) and inserting the following: ``(c) In a prosecution under subsection (a)(1), the Government need not prove that the defendant knew, or recklessly disregarded the fact, that the person recruited, enticed, harbored, transported, provided, obtained, maintained, patronized, or solicited had not attained the age of 18 years.''. (b) Definition Amended.--Section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)) is amended by striking ``or obtaining'' and inserting ``obtaining, patronizing, or soliciting''. (c) Minimum Period of Supervised Release for Conspiracy To Commit Commercial Child Sex Trafficking.--Section 3583(k) of title 18, United States Code, is amended by inserting ``1594(c),'' after ``1591,''. SEC. 3. BUREAU OF JUSTICE STATISTICS REPORT ON STATE ENFORCEMENT OF SEX TRAFFICKING PROHIBITIONS. (a) Definitions.--In this section-- (1) the terms ``commercial sex act'', ``severe forms of trafficking in persons'', ``State'', and ``Task Force'' have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); (2) the term ``covered offense'' means the provision, obtaining, patronizing, or soliciting of a commercial sex act involving a person subject to severe forms of trafficking in persons; and (3) the term ``State law enforcement officer'' means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (b) Report.--The Director of the Bureau of Justice Statistics shall-- (1) prepare an annual report on-- (A) the rates of-- (i) arrest of individuals by State law enforcement officers for a covered offense; (ii) prosecution (including specific charges) of individuals in State court systems for a covered offense; and (iii) conviction of individuals in State court systems for a covered offense; and (B) sentences imposed on individuals convicted in State court systems for a covered offense; and (2) submit the annual report prepared under paragraph (1) to-- (A) the Committee on the Judiciary of the House of Representatives; (B) the Committee on the Judiciary of the Senate; (C) the Task Force; (D) the Senior Policy Operating Group established under section 105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)); and (E) the Attorney General. SEC. 4. LAW ENFORCEMENT OFFICERS, PROSECUTORS, AND JUDGES. (a) Definitions.--In this section-- (1) the terms ``commercial sex act'', ``severe forms of trafficking in persons'', and ``State'' have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); (2) the term ``covered offender'' means an individual who obtains, patronizes, or solicits a commercial sex act involving a person subject to severe forms of trafficking in persons; (3) the term ``Federal law enforcement officer'' has the meaning given the term in section 115 of title 18, United States Code; (4) the term ``local law enforcement officer'' means any officer, agent, or employee of a unit of local government authorized by law or by a local government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law; and (5) the term ``State law enforcement officer'' means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (b) Training.-- (1) Law enforcement officers.--The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice, including each anti-human trafficking training program for Federal, State, or local law enforcement officers, includes technical training on-- (A) effective methods for investigating and prosecuting covered offenders; and (B) facilitating the provision of physical and mental health services by health care providers to persons subject to severe forms of trafficking in persons. (2) Federal prosecutors.--The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice for United States attorneys or other Federal prosecutors includes training on seeking restitution for offenses under chapter 77 of title 18, United States Code, to ensure that each United States attorney or other Federal prosecutor, upon obtaining a conviction for such an offense, requests a specific amount of restitution for each victim of the offense without regard to whether the victim requests restitution. (3) Judges.--The Federal Judicial Center shall provide training to judges relating to the application of section 1593 of title 18, United States Code, with respect to ordering restitution for victims of offenses under chapter 77 of such title. (c) Policy for Federal Law Enforcement Officers.--The Attorney General shall ensure that Federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of covered offenders. SEC. 5. WIRETAP AUTHORITY FOR HUMAN TRAFFICKING VIOLATIONS. Section 2516 of title 18, United States Code, is amended-- (1) in paragraph (1)(c)-- (A) by inserting before ``section 1591'' the following: ``section 1581 (peonage), section 1584 (involuntary servitude), section 1589 (forced labor), section 1590 (trafficking with respect to peonage, slavery, involuntary servitude, or forced labor),''; and (B) by inserting before ``section 1751'' the following: ``section 1592 (unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor),''; and (2) in paragraph (2), by inserting ``human trafficking, child sexual exploitation, child pornography production,'' after ``kidnapping,''. SEC. 6. STRENGTHENING CRIME VICTIMS' RIGHTS. (a) Notification of Plea Agreement or Other Agreement.--Section 3771(a) of title 18, United States Code, is amended by adding at the end the following: ``(9) The right to be informed in a timely manner of any plea agreement or deferred prosecution agreement.''. (b) Appellate Review of Petitions Relating to Crime Victims' Rights.-- (1) In general.--Section 3771(d)(3) of title 18, United States Code, is amended by inserting after the fifth sentence the following: ``In deciding such application, the court of appeals shall apply ordinary standards of appellate review.''. (2) Application.--The amendment made by paragraph (1) shall apply with respect to any petition for a writ of mandamus filed under section 3771(d)(3) of title 18, United States Code, that is pending on the date of enactment of this Act.

Combat Human Trafficking Act of 2015 Amends the federal criminal code, with respect to sex trafficking of children, to: (1) subject to criminal prosecution buyers, as well as sellers, of commercial sex involving sex trafficking victims; (2) provide that in prosecutions of sex trafficking crimes, the government is not required to prove that a sex trafficking defendant knew or recklessly disregarded the fact that a victim was under age 18; (3) equalize the period of supervised release for sex trafficking offenders convicted of conspiracy; (4) expand wiretap authority for investigating crimes related to sex trafficking, including slavery, involuntary servitude, and forced labor; (5) grant crime victims the right to be informed in a timely manner of any plea agreement or deferred prosecution agreement; and (6) require an appellate court to apply ordinary standards of review in reviewing appeals filed by crime victims.    Requires the Bureau of Justice Statistics in the Department of Justice (DOJ) to prepare and report annually on: (1) the rates of arrests by state law enforcement officers for sex trafficking crimes involving buyers of commercial sex involving sex trafficking victims, and (2) prosecutions and convictions for such crimes in state courts. Directs the Attorney General to ensure that: (1) DOJ anti-human trafficking training programs, including programs for law enforcement officers, include technical training on effective methods for investigating and prosecuting individuals who obtain, patronize, or solicit a commercial sex act involving a person subject to severe forms of human trafficking and on facilitating the provision of physical and mental health services by health care providers to persons subject to severe forms of human trafficking; (2) federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of such offenses; and (3) DOJ anti-human trafficking programs for U.S. attorneys or other federal prosecutors include training on seeking restitution for peonage, slavery, and human trafficking offenses to ensure that each such attorney, upon obtaining a conviction for such an offense, requests a specific amount of restitution for each victim without regard to whether the victim requests it. Requires the Federal Judicial Center to provide training to judges relating to the application of mandatory restitution provisions regarding ordering restitution for victims of such offenses.

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SECTION 1. PROGRAM TO ENCOURAGE AND SUPPORT INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND SECURITY. (a) Establishment of Program.--The Office of Federal Procurement Policy Act (41 U.S.C. et seq.) is amended by adding at the end the following new section: ``SEC. 40. PROGRAM TO ENCOURAGE INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND SECURITY. ``(a) Establishment of Program.--The Administrator shall establish and promote a Governmentwide program to encourage and recognize contractor innovation and excellence in facilitating the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. ``(b) Issuance of Agency Announcements Seeking Innovative Solutions.--Under the program, the Administrator, in consultation with the Director of the Office of Homeland Security, the Associate Director for Information Technology and E-Government of the Office of Management and Budget, and the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury, shall issue agency announcements seeking unique and innovative solutions to advance the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. ``(c) Multiagency Technical Assistance Team.--(1) The Administrator, in consultation with the individuals described in subsection (b), shall convene a multiagency technical assistance team to assist in screening proposals submitted to the Administrator to provide unique and innovative solutions to advance the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. The team shall be composed of employees of the participating agencies who have expertise in scientific and technical disciplines that would facilitate the assessment of the feasibility of the proposals. ``(2) The technical assistance team shall-- ``(A) assess the feasibility, scientific and technical merits, and estimated cost of each proposal; and ``(B) submit each proposal, and the assessment of the proposal, to each executive agency whose mission most coincides with the subject matter of the proposal. ``(3) The technical assistance team shall not consider or evaluate proposals submitted in response to a solicitation for offers for a pending procurement or for a specific agency requirement. ``(d) Monetary Awards for Innovative Solutions.--(1) Under the program carried out under this section, the Administrator shall provide monetary awards in recognition of unique and innovative solutions with the potential to significantly advance the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. ``(2) The Administrator shall use a competitive process to select recipients of monetary awards under this subsection which shall include the widely advertised solicitation (including the agency announcements described in subsection (b)) of descriptive submissions on technology developments and prototypes, the substance of which are not otherwise available to the United States. The Administrator shall work with the multiagency technical assistance team described in subsection (c) in carrying out the competitive selection process. ``(3) An award made under this subsection may not exceed $20,000. The total amount of awards made under this subsection in a fiscal year may not exceed $500,000. ``(4) At least one quarter of the total amount awarded under this subsection during a fiscal year shall be awarded to small business concerns, within the meaning of such term as used in the Small Business Act (15 U.S.C. 632 et seq.).''. (b) Clerical Amendment.--The table of contents at the beginning of such Act is amended by adding at the end the following new item: ``Sec. 40. Program to encourage innovative solutions to enhance homeland security.''. SEC. 2. PILOT PROGRAM TO ENCOURAGE INNOVATIVE COMMERCIAL SOLUTIONS. (a) Pilot Program.--The Administrator of the Office of Federal Procurement Policy shall, in consultation with the Assistant to the President for Homeland Security, establish a pilot program under which the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury may-- (1) test the innovative use of streamlined acquisition authorities and procedures authorized by law, with emphasis on provisions authorizing the rapid acquisition of goods and services; and (2) test the feasibility of rapidly entering into contracts with private entities to carry out immediate solutions to key homeland security needs using, to the maximum extent practicable, commercial, off-the-shelf items and commercially available services. (b) Use of Streamlined Acquisition Authorities.--Under the pilot program, the head of an executive agency referred to in subsection (a) shall, if appropriate, use streamlined acquisition authorities and procedures authorized by law, including authorities and procedures that are provided under the following provisions: (1) In title III of the Federal Property and Administrative Services Act of 1949: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 303 (41 U.S.C. 253), relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (B) Section 303J (41 U.S.C. 253j), relating to orders under task and delivery order contracts. (2) In chapter 137 of title 10, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 2304, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (B) Section 2304c, relating to orders under task and delivery order contracts. (3) Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(c)), relating to inapplicability of a requirement for procurement notice. (c) Waiver of Requirements.--(1) To carry out the pilot program under this section, the head of an agency may waive-- (A) any provision of the Federal Acquisition Regulation that is not required by statute; and (B) any provision of the Federal Acquisition Regulation that is required by a provision of law described in paragraph (2), the waiver of which the head of the agency determines in writing to be necessary to carry out the pilot program. (2) The provisions of law referred to in paragraph (1) are as follows: (A) Section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416). (B) Subsections (e), (f), and (g) of section 8 of the Small Business Act (15 U.S.C. 637). (d) Limitations.--(1) The head of an agency authorized to participate in the pilot program may carry out not more than one project under the program and may enter into not more than three contracts to carry out the project. (2) A project carried out under this section shall be approved by the Administrator in consultation with the Assistant to the President for Homeland Security and the multiagency technical assistance team established under section 40(c) of the Office of Federal Procurement Policy Act (as added by section 1). (e) Criteria for Evaluating Results.--The head of an agency participating in the pilot program under this section shall establish measurable mission-related criteria for evaluating the results of a project under the program. Such agency head shall, as soon as practicable after the completion of the project, report to the Administrator on the lessons learned from the project. The Administrator shall share the results of, and reports on, all the projects carried out under this section with the heads of other agencies that carry out responsibilities with respect to homeland security. (f) Prohibition Against Discrimination Against Small Business Concerns.--This section shall be applied in a manner that does not discriminate against small business concerns (within the meaning of such term as used in the Small Business Act (15 U.S.C. 632 et seq.)) or any type of small business concern.

Amends the Office of Federal Procurement Policy Act to direct the Administrator for Federal Procurement Policy to establish a Government-wide program to encourage and recognize contractor innovation and excellence in facilitating the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack.Requires the Administrator to: (1) issue agency announcements seeking innovative solutions to advance defense against or recovery from such an attack; (2) convene a multiagency technical assistance team to assess feasibility, scientific and technical merits, and estimated costs and submit each proposal to each executive agency whose mission most coincides with the proposal's subject matter; and (3) provide monetary awards in recognition of unique and innovative solutions.Directs the Administrator to establish a pilot program under which the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury may test: (1) the innovative use of streamlined acquisition authorities and procedures; and (2) the feasibility of rapidly entering into contracts with private entities to carry out immediate solutions to key homeland security needs using commercial, off-the-shelf items and commercially available services.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Health Protection Act of 2015''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Access to safe, legal abortion services is essential to women's health and central to women's ability to participate equally in the economic and social life of the United States. (2) Access to safe, legal abortion services has been hindered in the United States in various ways, including blockades of health care facilities and associated violence; restrictions on insurance coverage; restrictions on minors' ability to obtain services; and requirements and restrictions that single out abortion providers and those seeking their services, and which do not further women's health or the safety of abortion, but harm women by reducing the availability of services. (3) In the early 1990s, protests and blockades at health care facilities where abortions were performed, and associated violence, increased dramatically and reached crisis level, requiring Congressional action. Congress passed the Freedom of Access to Clinic Entrances Act (Public Law 103-259) to address that situation and ensure that women could physically access abortion services. (4) Since 2010, there has been an equally dramatic increase in the number of laws and regulations singling out abortion that threaten women's health and their ability to access safe abortion services by interfering with health care professionals' ability to provide such services. Congressional action is now necessary to put an end to these restrictions. In addition, there has been a dramatic increase in the passage of laws that blatantly violate the constitutional protections afforded women, such as bans on abortion prior to viability. (5) Legal abortion is one of the safest medical procedures in the United States. That safety is furthered by regulations that are based on science and are generally applicable to the medical profession or to medically comparable procedures. (6) Many State and local governments are imposing restrictions on the provision of abortion that are neither science-based nor generally applicable to the medical profession or to medically comparable procedures. Though described by their proponents as health and safety regulations, many of these abortion-specific restrictions do not advance the safety of abortion services and do nothing to protect women's health. Also, these restrictions interfere with women's personal and private medical decisions, make access to abortion more difficult and costly, and even make it impossible for some women to obtain those services. (7) These restrictions harm women's health by reducing access not only to abortion services but also to the other essential health care services offered by the providers targeted by the restrictions, including contraceptive services, which reduce unintended pregnancies and thus abortions, and screenings for cervical cancer and sexually transmitted infections. These harms fall especially heavily on low-income women, women of color, and women living in rural and other medically underserved areas. (8) The cumulative effect of these numerous restrictions has been widely varying access to abortion services such that a woman's ability to exercise her constitutional rights is dependent on the State in which she lives. Federal legislation putting a stop to harmful restrictions throughout the United States is necessary to ensure that women in all States have access to safe abortion services, an essential constitutional right repeatedly affirmed by the United States Supreme Court. (9) Congress has the authority to protect women's ability to access abortion services pursuant to its powers under the Commerce Clause and its powers under section 5 of the Fourteenth Amendment to the Constitution to enforce the provisions of section 1 of the Fourteenth Amendment. (b) Purpose.--It is the purpose of this Act to protect women's health by ensuring that abortion services will continue to be available and that abortion providers are not singled out for medically unwarranted restrictions that harm women by preventing them from accessing safe abortion services. It is not the purpose of this Act to address all threats to access to abortion (for example, this Act does not apply to clinic violence, restrictions on insurance or medical assistance coverage of abortion, or requirements for parental consent or notification before a minor may obtain an abortion) which Congress should address through separate legislation as appropriate. SEC. 3. DEFINITIONS. In this Act: (1) Abortion.--The term ``abortion'' means any medical treatment, including the prescription of medication, intended to cause the termination of a pregnancy except for the purpose of increasing the probability of a live birth, to remove an ectopic pregnancy, or to remove a dead fetus. (2) Abortion provider.--The term ``abortion provider'' means a health care professional who performs abortions. (3) Government.--The term ``government'' includes a branch, department, agency, instrumentality, or individual acting under color of law of the United States, a State, or a subdivision of a State. (4) Health care professional.--The term ``health care professional'' means a licensed medical professional (including physicians, certified nurse-midwives, nurse practitioners, and physician assistants) who is competent to perform abortions based on clinical training. (5) Medically comparable procedures.--The term ``medically comparable procedures'' means medical procedures that are similar in terms of risk, complexity, duration, or the degree of sterile precaution that is indicated. (6) Pregnancy.--The term ``pregnancy'' refers to the period of the human reproductive process beginning with the implantation of a fertilized egg. (7) State.--The term ``State'' includes each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States. (8) Viability.--the term ``viability'' means the point in a pregnancy at which, in the good-faith medical judgment of the treating health care professional, based on the particular facts of the case before her or him, there is a reasonable likelihood of sustained fetal survival outside the uterus with or without artificial support. SEC. 4. PROHIBITED MEASURES AND ACTIONS. (a) General Prohibitions.--The following limitations or requirements are unlawful and shall not be imposed or applied by any government because they single out the provision of abortion services for restrictions that are more burdensome than those restrictions imposed on medically comparable procedures, they do not significantly advance women's health or the safety of abortion services, and they make abortion services more difficult to access: (1) A requirement that a medical professional perform specific tests or medical procedures in connection with the provision of an abortion, unless generally required for the provision of medically comparable procedures. (2) A requirement that the same clinician who performs a patient's abortion also perform specified tests, services or procedures prior, or subsequent, to the abortion. (3) A limitation on an abortion provider's ability to prescribe or dispense drugs based on current evidence-based regimens or her or his good-faith medical judgment, other than a limitation generally applicable to the medical profession. (4) A limitation on an abortion provider's ability to provide abortion services via telemedicine, other than a limitation generally applicable to the provision of medical services via telemedicine. (5) A requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortions are performed, or the credentials or hospital privileges or status of personnel at such facilities, that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed. (6) A requirement that, prior to obtaining an abortion, a patient make one or more medically unnecessary in-person visits to the provider of abortion services or to any individual or entity that does not provide abortion services. (7) A requirement or limitation that prohibits or restricts medical training for abortion procedures, other than a requirement or limitation generally applicable to medical training for medically comparable procedures. (b) Other Prohibited Measures or Actions.-- (1) In general.--A measure or action directed at restricting the provision of abortion services or the facilities that provide abortion services that is similar to any of the prohibited limitations or requirements described in subsection (a) shall be unlawful if such measure or action singles out abortion services or makes abortion services more difficult to access and does not significantly advance women's health or the safety of abortion services. (2) Prima facie case.--To make a prima facie showing that a measure or action is unlawful under paragraph (1) a plaintiff shall demonstrate that the measure or action involved-- (A) singles out the provision of abortion services or facilities in which abortion services are performed; or (B) impedes women's access to abortion services based on one or more of the factors described in paragraph (3). (3) Factors.--Factors for a court to consider in determining whether a measure or action impedes access to abortion services for purposes of paragraph (2)(B) include the following: (A) Whether the measure or action interferes with an abortion provider's ability to provide care and render services in accordance with her or his good- faith medical judgment. (B) Whether the measure or action is reasonably likely to delay some women in accessing abortion services. (C) Whether the measure or action is reasonably likely to directly or indirectly increase the cost of providing abortion services or the cost for obtaining abortion services (including costs associated with travel, childcare, or time off work). (D) Whether the measure or action requires, or is reasonably likely to have the effect of necessitating, a trip to the offices of the abortion provider that would not otherwise be required. (E) Whether the measure or action is reasonably likely to result in a decrease in the availability of abortion services in the State. (F) Whether the measure or action imposes criminal or civil penalties that are not imposed on other health care professionals for comparable conduct or failure to act or that are harsher than penalties imposed on other health care professionals for comparable conduct or failure to act. (G) The cumulative impact of the measure or action combined with other new or existing requirements or restrictions. (4) Defense.--A measure or action shall be unlawful under this subsection upon making a prima facie case (as provided for under paragraph (2)), unless the defendant establishes, by clear and convincing evidence, that-- (A) the measure or action significantly advances the safety of abortion services or the health of women; and (B) the safety of abortion services or the health of women cannot be advanced by a less restrictive alternative measure or action. (c) Other Prohibitions.--The following restrictions on the performance of abortion are unlawful and shall not be imposed or applied by any government: (1) A prohibition or ban on abortion prior to fetal viability. (2) A prohibition on abortion after fetal viability when, in the good-faith medical judgment of the treating physician, continuation of the pregnancy would pose a risk to the pregnant woman's life or health. (3) A restriction that limits a pregnant woman's ability to obtain an immediate abortion when a health care professional believes, based on her or his good-faith medical judgment, that delay would pose a risk to the woman's health. (4) A measure or action that prohibits or restricts a woman from obtaining an abortion prior to fetal viability based on her reasons or perceived reasons or that requires a woman to state her reasons before obtaining an abortion prior to fetal viability. (d) Limitation.--The provisions of this Act shall not apply to laws regulating physical access to clinic entrances, requirements for parental consent or notification before a minor may obtain an abortion, insurance coverage or medical assistance of abortion, or the procedure described in section 1531(b)(1) of title 18, United States Code. (e) Effective Date.--This Act shall apply to government restrictions on the provision of abortion services, whether statutory or otherwise, whether they are enacted or imposed prior to or after the date of enactment of this Act. SEC. 5. LIBERAL CONSTRUCTION. (a) Liberal Construction.--In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purposes of the Act. (b) Rule of Construction.--Nothing in this Act shall be construed to authorize any government to interfere with a woman's ability to terminate her pregnancy, to diminish or in any way negatively affect a woman's constitutional right to terminate her pregnancy, or to displace any other remedy for violations of the constitutional right to terminate a pregnancy. SEC. 6. ENFORCEMENT. (a) Attorney General.--The Attorney General may commence a civil action for prospective injunctive relief on behalf of the United States against any government official that is charged with implementing or enforcing any restriction that is challenged as unlawful under this Act. (b) Private Right of Action.-- (1) In general.--Any individual or entity aggrieved by an alleged violation of this Act may commence a civil action for prospective injunctive relief against the government official that is charged with implementing or enforcing the restriction that is challenged as unlawful under this Act. (2) Facility or professional.--A health care facility or medical professional may commence an action for prospective injunctive relief on behalf of the facility's or professional's patients who are or may be adversely affected by an alleged violation of this Act. (c) Equitable Relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (d) Costs.--In any action under this section, the court shall award costs of litigation, as well as reasonable attorney fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs in an action under this section. (e) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings commenced pursuant to this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. SEC. 7. PREEMPTION. No State or subdivision thereof shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act. SEC. 8. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons or circumstances, shall not be affected thereby.

Women's Health Protection Act of 2015 This bill prohibits any government from imposing on abortion services: a requirement that a medical professional perform specific tests or medical procedures; a requirement that the same clinician who performs a patient's abortion also perform additional tests, services or procedures; a limitation on an abortion provider's ability to prescribe or dispense drugs or provide services via telemedicine; a requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortions are performed, or the credentials, hospital privileges, or status of personnel at those facilities; a requirement that, prior to obtaining an abortion, a patient make medically unnecessary in-person visits to any individual or entity; a limitation on medical training for abortion procedures; a prohibition prior to fetal viability; a prohibition after fetal viability when continuation of the pregnancy would pose a risk to the woman's life or health; a restriction on a woman's ability to obtain an immediate abortion when a delay would pose a risk to the woman's health; or a restriction on obtaining an abortion prior to fetal viability based on a woman's reasons or perceived reasons or that requires her to state her reasons before obtaining an abortion. A measure or action that is similar to a requirement or limitation listed above is prohibited if it singles out abortion services or makes abortion services more difficult to access and does not significantly advance women's health or the safety of abortion services.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare/Medicaid Solvency Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) illnesses and diseases that result from the use of tobacco products cost Federal Government health care programs billions of dollars, including $10,200,000,000 in the medicare program, $5,100,000,000 in the medicaid program, and $4,700,000,000 in other Federal health programs in fiscal year 1993; (2) in April 1994, the trustees of the medicare trust funds concluded that such funds may be insolvent in 2001; (3) such insolvency would severely affect the ability of the medicare trust funds to continue to protect the health of America's senior citizens; and (4) the medicare population has a significantly higher risk of contracting illnesses and diseases that result from the use of tobacco products than younger age groups. (b) Purpose.--The purpose of this Act is to insure the long-term viability of the medicare, medicaid, and other federal health programs by establishing a dedicated trust fund to reimburse the government for the health care costs of individuals with diseases attributable to the use of tobacco products. SEC. 3. TOBACCO PRODUCT MANUFACTURERS CONTRIBUTION TO HEALTH CARE COST REIMBURSEMENT TRUST FUND. (a) In General.--The Internal Revenue Code of 1986 is amended by adding at the end the following new subtitle: ``Subtitle K--Tobacco Product Manufacturers Contribution to Health Care Cost Reimbursement Trust Fund. ``Chapter 100. Tobacco Product Manufacturers Contribution to Health Care Cost Reimbursement Trust Fund. ``CHAPTER 100--TOBACCO PRODUCT MANUFACTURERS CONTRIBUTION TO HEALTH CARE COST REIMBURSEMENT TRUST FUND. ``Sec. 9801. Establishment of Tobacco Product Health Care Cost Reimbursement Trust Fund. ``Sec. 9802. Contributions to Trust Fund. ``SEC. 9801. ESTABLISHMENT OF TOBACCO PRODUCT HEALTH CARE COST REIMBURSEMENT TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Tobacco Product Health Care Cost Reimbursement Trust Fund' (hereafter referred to in this chapter as the `Trust Fund'), consisting of such amounts as may be appropriated or transferred to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--The Secretary shall transfer to the Trust Fund an amount equivalent to contributions received in the Treasury under section 9802. ``(c) Distribution of Amounts in Trust Fund.-- ``(1) In general.--The amounts in the Trust Fund shall be available in each fiscal year (beginning with fiscal year 1997), as provided by appropriation Acts, to the Secretary-- ``(A) to distribute to each particular Secretary responsible for the expenditure of Federal funds for that fiscal year under title XVIII or XIX of the Social Security Act or any other Federal program for the payment of health care costs of individuals with diseases attributable to the use of tobacco products, and ``(B) to pay all expenses of administration incurred by the Department of the Treasury in administering this chapter and the Trust Fund. ``(2) Determination of distribution.--Each particular Secretary described in paragraph (1)(A) shall submit to the Secretary of the Treasury such documentation as the Secretary requires to determine the appropriate distribution under paragraph (1)(A). ``(3) Use of distributions.--In any case in which an expenditure of Federal funds described in paragraph (1)(A) was made from a trust fund, the distribution under paragraph (1)(A) reimbursing such expenditure shall be made to such trust fund. ``(4) State medicaid expenditures.--For purposes of this section, the Secretary of Health and Human Services shall include in the Secretary's submission under paragraph (2) the expenditure of State funds under State plans under title XIX of the Social Security Act for the payment of health care costs of individuals with diseases attributable to the use of tobacco products, and to the extent the distribution to the Secretary under paragraph (1)(A) is attributable to such expenditure, shall reimburse the various States for such expenditures. ``(d) Administrative Rules.--For purposes of this section, the rules of subchapter B of chapter 98 shall apply. ``(e) Tobacco Products.--For purposes of this chapter, the term `tobacco products' has the meaning given such term by section 5702(c). ``SEC. 9802. CONTRIBUTIONS TO TRUST FUND. ``(a) Annual Premiums.--Each manufacturer of tobacco products shall pay to the Trust Fund, an annual contribution equal to the product of the amount determined under subsection (b) for each fiscal year (beginning with fiscal year 1997) and the manufacturer's market share percentage determined under subsection (c) for the calendar year preceding such fiscal year. ``(b) Determination of Funding Levels.-- ``(1) In general.--Not later than the date the President is required to submit the budget of the United States for a fiscal year to Congress, the Director of the Centers for Disease Control and Prevention, after consultation with the Directors of the National Institutes of Health, the National Cancer Institute, and the National Heart, Lung, and Blood Institute, shall make an estimate of-- ``(A) the amount of Federal expenditures for that fiscal year under titles XVIII and XIX of the Social Security Act and other Federal programs, and ``(B) the amount of State expenditures for that fiscal year under State plans under title XIX of the Social Security Act, for payment of health care costs of individuals with diseases attributable to the use of tobacco products. ``(2) Disclosure of estimate methodology.--The Director of the Centers for Disease Control and Prevention shall publish in the Federal Register all relevant documentation considered and the methodology used in making the estimate described in paragraph (1). ``(3) Report in budget.--The President shall include the estimate described in paragraph (1) in the budget for the fiscal year. ``(c) Market Share Percentage.-- ``(1) In general.--Not later than July 1, the Secretary shall determine and publish the market share percentage for the preceding calendar year for each manufacturer of tobacco products by determining such manufacturer's percentage share of the total amount of tobacco products sold in the United States during such calendar year. ``(2) Information.--Not later than April 1, each manufacturer of tobacco products shall furnish to the Secretary such information as the Secretary may require to determine any market share percentage under this subsection for the preceding calendar year. ``(d) Payment of Contributions.--The annual contribution under subsection (a) for any fiscal year shall be payable in 12 monthly installments, due on the twenty-fifth day of each calendar month in the fiscal year. ``(e) Enforcement.--For penalties and other general and administrative provisions applicable to this section, see subtitle F. ``(f) Manufacturer of Tobacco Products.--For purposes of this section, the term `manufacturer of tobacco products' has the meaning given such term by section 5702(d).'' (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Medicare/Medicaid Solvency Act - Amends the Internal Revenue Code to establish in the Treasury the Tobacco Product Health Care Cost Reimbursement Trust Fund. Directs the Secretary of the Treasury to: (1) distribute amounts in the Fund to each Secretary responsible for the expenditure of Federal funds for that fiscal year (beginning with FY 1997) under titles XXVIII (Medicare) and XIX (Medicaid) of the Social Security Act or any other Federal program for the payment of health care costs for individuals with diseases attributable to the use of tobacco products; and (2) pay administrative expenses of the Fund. Requires each manufacturer of tobacco products to pay to the Fund an annual contribution based on the total amount of tobacco-related Federal health care costs in proportion to that manufacturer's share of the tobacco market.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Centennial Monetary Commission Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The Constitution endows Congress with the power ``to coin money, regulate the value thereof''. (2) Following the financial crisis known as the Panic of 1907, Congress established the National Monetary Commission to provide recommendations for the reform of the financial and monetary systems of the United States. (3) Incorporating several of the recommendations of the National Monetary Commission, Congress created the Federal Reserve System in 1913. As currently organized, the Federal Reserve System consists of the Board of Governors in Washington, District of Columbia, and the Federal Reserve Banks organized into 12 districts around the United States. The stockholders of the 12 Federal Reserve Banks include national and certain state-chartered commercial banks, which operate on a fractional reserve basis. (4) Originally, Congress gave the Federal Reserve a monetary mandate to provide an elastic currency, within the context of a gold standard, in response to seasonal fluctuations in the demand for currency. (5) Congress also gave the Federal Reserve a financial stability mandate to serve as the lender of last resort to solvent but illiquid banks during a financial crisis. (6) In 1977, Congress changed the monetary mandate of the Federal Reserve to a dual mandate for maximum employment and stable prices. (7) Empirical studies and historical evidence, both within the United States and in other countries, demonstrate that price stability is desirable because both inflation and deflation damage the economy. (8) The economic challenge of recent years--most notably the bursting of the housing bubble, the financial crisis of 2008, and the ensuing anemic recovery--have occurred at great cost in terms of lost jobs and output. (9) Policymakers are reexamining the structure and functioning of financial institutions and markets to determine what, if any, changes need to be made to place the financial system on a stronger, more sustainable path going forward. (10) The Federal Reserve has taken extraordinary actions in response to the recent economic challenges. (11) The Federal Open Market Committee has engaged in multiple rounds of quantitative easing, providing unprecedented liquidity to financial markets, while committing to holding short-term interest rates low for a seemingly indefinite period, and pursuing a policy of credit allocation by purchasing Federal agency debt and mortgage-backed securities. (12) In the wake of the recent extraordinary actions of the Federal Reserve, Congress--consistent with its constitutional responsibilities and as it has done periodically throughout the history of the United States--has once again renewed its examination of monetary policy. (13) Central in such examination has been a renewed look at what is the most proper mandate for the Federal Reserve to conduct monetary policy in the 21st century. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Centennial Monetary Commission'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES. (a) Study of Monetary Policy.--The Commission shall-- (1) examine how United States monetary policy since the creation of the Board of Governors of the Federal Reserve System in 1913 has affected the performance of the United States economy in terms of output, employment, prices, and financial stability over time; (2) evaluate various operational regimes under which the Board of Governors of the Federal Reserve System and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term, including-- (A) discretion in determining monetary policy without an operational regime; (B) price level targeting; (C) inflation rate targeting; (D) nominal gross domestic product targeting (both level and growth rate); (E) the use of monetary policy rules; and (F) the gold standard; and (3) recommend a course for United States monetary policy going forward, including-- (A) the legislative mandate; (B) the operational regime; (C) the securities used in open market operations; and (D) transparency issues. (b) Report on Monetary Policy.--Not later than June 30, 2014, the Commission shall submit to Congress and make publicly available a report containing a statement of the findings and conclusions of the Commission in carrying out the study under subsection (a), together with the recommendations the Commission considers appropriate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.-- (1) Voting members by position.--The Commission shall contain 6 voting members as follows: (A) The Chair of the Joint Economic Committee, who shall serve as Chair of the Commission. (B) The ranking minority member of the Joint Economic Committee, who shall serve as Vice Chair of the Commission. (C) The Chair of the Committee on Financial Services of the House of Representatives or another majority member of such Committee designated by the Chair. (D) The ranking minority member of the Committee on Financial Services of the House of Representatives or another minority member of such Committee designated by the ranking minority member. (E) The Chair of the Committee on Banking, Housing, and Urban Affairs of the Senate or another majority member of such Committee designated by the Chair. (F) The ranking minority member of the Committee on Banking, Housing, and Urban Affairs of the Senate or another minority member of such Committee designated by the ranking minority member. (2) Appointed voting members.--The Commission shall contain 6 voting members, who may not be Members of Congress, as follows: (A) Two members appointed by the Speaker of the House of Representatives. (B) One member appointed by the minority leader of the House of Representatives. (C) Two members appointed by the majority leader of the Senate. (D) One member appointed by the minority leader of the Senate. (3) Non-voting members.--The Commission shall contain 2 non-voting members as follows: (A) One member appointed by the Secretary of the Treasury. (B) One member who is the president of a district Federal reserve bank appointed by the Chair of the Board of Governors of the Federal Reserve System. (b) Period of Appointment.--Each member shall be appointed for the life of the Commission. (c) Timing of Appointment.--All members of the Commission shall be appointed not before January 5, 2013, and not later than 30 days after the date of the enactment of this Act. (d) Vacancies.--A vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (e) Meetings.-- (1) Initial meeting.--The Commission shall hold its initial meeting and begin the operations of the Commission as soon as is practicable. (2) Further meetings.--The Commission shall meet upon the call of the Chair or a majority of its members. (f) Quorum.--Seven voting members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Member of Congress Defined.--In this section, the term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. SEC. 6. POWERS. (a) Hearings and Sessions.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, receive evidence, or administer oaths as the Commission or such subcommittee or member thereof considers appropriate. (b) Contract Authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons to enable the Commission to discharge its duties under this Act, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (c) Obtaining Official Data.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, any information, including suggestions, estimates, or statistics, for the purposes of this Act. (2) Requesting official data.--The head of such department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the government shall, to the extent authorized by law, furnish such information upon request made by-- (A) the Chair; (B) the Chair of any subcommittee created by a majority of the Commission; or (C) any member of the Commission designated by a majority of the commission to request such information. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the functions of the Commission. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), at the request of the Commission, departments and agencies of the United States shall provide such services, funds, facilities, staff, and other support services as may be authorized by law. (e) Postal Service.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 7. COMMISSION PERSONNEL. (a) Appointment and Compensation of Staff.-- (1) In general.--Subject to rules prescribed by the Commission, the Chair may appoint and fix the pay of the executive director and other personnel as the Chair considers appropriate. (2) Applicability of civil service laws.--The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of level V of the Executive Schedule. (b) Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the rate of pay for a person occupying a position at level IV of the Executive Schedule. (c) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 8. TERMINATION. (a) In General.--The Commission shall terminate on February 28, 2015. (b) Administrative Activities Before Termination.--The Commission may use the period between the submission of its report and its termination for the purpose of concluding its activities, including providing testimony to committee of Congress concerning its report. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and such sums shall remain available until the date on which the Commission terminates.

Centennial Monetary Commission Act of 2013 - Establishes the Centennial Monetary Commission to: (1) examine how U.S. monetary policy since the creation of the Federal Reserve Board in 1913 has affected the performance of the U.S. economy in terms of output, employment, prices, and financial stability over time; (2) evaluate various operational regimes under which the Board and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term; and (3) recommend a course for U.S. monetary policy going forward.

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SECTION 1. NATIONAL BIOLOGICAL DATA CENTER. (a) In General.--The Secretary of the Interior, acting through the United States Geological Survey, shall-- (1) establish a national biological data center (in this Act referred to as the ``center'') to collect nonhuman biological data and make such data available for public use; and (2) seek to enter into a contract with a small business for the purpose of managing the center. (b) Contract Term.--The contract under subsection (a) shall have a term of 10 years. (c) Entity Selection.-- (1) Competitive procedures.--The Secretary shall use competitive procedures (as defined in section 4(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(5))) to enter into the contract under subsection (a). (2) Qualification requirements.--To qualify to participate in the competitive procedures under paragraph (1), a small business shall have-- (A) no more than 500 employees; (B) demonstrated expertise in-- (i) managing scientific and technical information; (ii) implementing scientific information projects; (iii) presenting scientific data in an objective manner; and (iv) managing interagency collaborations related to scientific and technical information; (C) demonstrated involvement with biodiversity information programs and the National Biological Information Infrastructure of the United States Geological Survey (through partnership or other form of collaboration); and (D) a demonstrated ability and willingness to partner with a research university and a national laboratory with expertise in biodiversity and computational sciences. (d) Leadership.--The head of the center shall be appointed by the Secretary, in consultation with the program director of the National Biological Information Infrastructure. (e) Duties of the National Biological Data Center.--The duties of the center shall be determined by the Secretary and shall include, at a minimum, the following activities: (1) Collect nonhuman biological data from Federal, public, private, and nonprofit entities, including-- (A) the National Biological Information Infrastructure; and (B) institutions and organizations that partner with the National Biological Information Infrastructure. (2) Develop partnerships with public and private entities that are nationally recognized for computational capabilities and computer capacity to allow the center to efficiently develop a digital network for the storage and retrieval of data collected under paragraph (1). (3) Develop partnerships with academic and scientific institutions in the United States to increase the quantity of data-- (A) collected under paragraph (1); and (B) made available for public use under paragraph (4). (4) Subject to Federal statutes and regulations relating to the disclosure of information collected under paragraph (1), including statutes and regulations related to intellectual property and section 552 of title 5, United States Code, make available for use by Federal, State, and local governments and members of the public any federally funded data collected under paragraph (1). (5) Make the data described in paragraph (4) available-- (A) through a single electronic search function; or (B) in any case in which such data is not electronically maintained, at a one location. (6) Organize and manage data collected under paragraph (1) in a manner that-- (A) enables efficient and effective use of the data by the public; (B) presents the data in an objective manner; and (C) is consistent with efforts made by the National Biological Information Infrastructure to organize and manage nonhuman biological data for public use. (7) Prepare compilations that combine data from multiple data sets to improve the ease of use of such data sets by Federal, State, and local governments and by members of the public. (8) Conduct public awareness activities that promote the use of the data made available under paragraph (4) for purposes of encouraging-- (A) economic development; (B) the development of public policy (including policy relating to land use, economic development, conservation, and preservation); (C) scientific research; and (D) science, technology, engineering, and mathematics education. (9) Hold an annual conference on nonhuman biological data collection for experts from Federal, State, and local governments and public and private entities for the purpose of providing advice to the head of the center related to improving the performance of the center. (10) Collect fees from State and local governments and members of the public for the use of-- (A) compilations prepared under paragraph (7); and (B) other products produced by the center, except that the center may not collect a fee solely for accessing data collected by the center from another source. (f) Duties of Other Entities.-- (1) In general.--Subject to Federal statutes and regulations relating to the disclosure of information collected under subsection (d)(1), including statutes and regulations related to intellectual property and section 552 of title 5, United States Code, any entity that collects or stores federally funded data on or after the end of the one-year period beginning on the date of enactment of this Act shall submit or make available such data to the center, in a form and manner described in standards published by the center, unless such data has been submitted to the National Biological Information Infrastructure. (2) National biological information infrastructure.-- Subject to Federal statutes and regulations relating to the disclosure of information collected under subsection (d)(1), including statutes and regulations related to intellectual property and section 552 of title 5, United States Code, the National Biological Information Infrastructure shall submit or make available to the center, in a form and manner described in standards published by the center, all federally funded data that it stores or receives. (g) Availability of Fees.--Subject to appropriation, fees collected under subsection (d)(10) shall remain available for use by the center for activities under subsection (d). (h) Reports.-- (1) Annual report to secretary.--Not later than January 1 of each year following the date of enactment of this Act, the head of the center shall submit to the Secretary of the Interior an annual report containing-- (A) information on the activities of the center during the preceding fiscal year and the plans of the center for activities in the current fiscal year; and (B) such additional information as the Secretary may require. (2) Annual report to congress.--Not later than April 1 of each year following the date of enactment of this Act, the Secretary of the Interior shall submit to Congress an annual report on-- (A) information on the activities of the center during the preceding fiscal year and the plans of the center for activities in the current fiscal year; and (B) the administration of the contract entered into under subsection (a). (i) Federally Funded Data Defined.--For purposes of this Act, the term ``federally-funded data'' means nonhuman biological data that is collected, maintained, or stored, in whole or in part, through the use of Federal funds. (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $8,000,000 per fiscal year. Amounts appropriated under this subsection shall remain available until expended.

Directs the Secretary of the Interior, acting through the U.S. Geological Survey, to: (1) establish a National Biological Data Center to collect nonhuman biological data and make such data available for public use; and (2) contract with a small business to manage the Center. Sets forth duties of the Center, including the collection of nonhuman biological data from federal, public, private, and nonprofit entities and the development of partnerships with public and private entities, academic and scientific institutions to allow the Center to develop a digital network for the storage and retrieval of nonhuman biological data.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Targeting Child Predators Act of 2016''. SEC. 2. NONDISCLOSURE OF ADMINISTRATIVE SUBPOENAS. Section 3486(a) of title 18, United States Code, is amended-- (1) by striking ``the Secretary of the Treasury'' each place it appears and inserting ``the Secretary of Homeland Security''; (2) in paragraph (5), by striking ``ordered by a court''; and (3) by striking paragraph (6) and inserting the following: ``(6)(A)(i) If a subpoena issued under this section is accompanied by a certification under clause (ii) and notice of the right to judicial review under subparagraph (C), no recipient of a subpoena under this section shall disclose to any person that the Federal official who issued the subpoena has sought or obtained access to information or records under this section, for a period of 180 days. ``(ii) The requirements of clause (i) shall apply if the Federal official who issued the subpoena certifies that the absence of a prohibition of disclosure under this subsection may result in-- ``(I) endangering the life or physical safety of an individual; ``(II) flight from prosecution; ``(III) destruction of or tampering with evidence; ``(IV) intimidation of potential witnesses; or ``(V) otherwise seriously jeopardizing an investigation or unduly delaying a trial. ``(B)(i) A recipient of a subpoena under this section may disclose information otherwise subject to any applicable nondisclosure requirement to-- ``(I) those persons to whom disclosure is necessary in order to comply with the request; ``(II) an attorney in order to obtain legal advice or assistance regarding the request; or ``(III) other persons as permitted by the Federal official who issued the subpoena. ``(ii) A person to whom disclosure is made under clause (i) shall be subject to the nondisclosure requirements applicable to a person to whom a subpoena is issued under this section in the same manner as the person to whom the subpoena was issued. ``(iii) Any recipient that discloses to a person described in clause (i) information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement. ``(iv) At the request of the Federal official who issued the subpoena, any person making or intending to make a disclosure under subclause (I) or (III) of clause (i) shall identify to the individual making the request under this clause the person to whom such disclosure will be made or to whom such disclosure was made prior to the request. ``(C)(i) A nondisclosure requirement imposed under subparagraph (A) shall be subject to judicial review under section 3486A. ``(ii) A subpoena issued under this section, in connection with which a nondisclosure requirement under subparagraph (A) is imposed, shall include notice of the availability of judicial review described in clause (i). ``(D) A nondisclosure requirement imposed under subparagraph (A) may be extended in accordance with section 3486A(a)(4).''. SEC. 3. JUDICIAL REVIEW OF NONDISCLOSURE REQUIREMENTS. (a) In General.--Chapter 223 of title 18, United States Code, is amended by inserting after section 3486 the following: ``Sec. 3486A. Judicial review of nondisclosure requirements ``(a) Nondisclosure.-- ``(1) In general.-- ``(A) Notice.--If a recipient of a subpoena under section 3486 wishes to have a court review a nondisclosure requirement imposed in connection with the subpoena, the recipient may notify the Government or file a petition for judicial review in any court described in subsection (a)(5) of section 3486. ``(B) Application.--Not later than 30 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant subpoena. An application under this subparagraph may be filed in the district court of the United States for the judicial district in which the recipient of the subpoena is doing business or in the district court of the United States for any judicial district within which the authorized investigation that is the basis for the subpoena is being conducted. The applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement. ``(C) Consideration.--A district court of the United States that receives a petition under subparagraph (A) or an application under subparagraph (B) should rule expeditiously, and shall, subject to paragraph (3), issue a nondisclosure order that includes conditions appropriate to the circumstances. ``(2) Application contents.--An application for a nondisclosure order or extension thereof or a response to a petition filed under paragraph (1) shall include a certification from the Federal official who issued the subpoena indicating that the absence of a prohibition of disclosure under this subsection may result in-- ``(A) endangering the life or physical safety of an individual; ``(B) flight from prosecution; ``(C) destruction of or tampering with evidence; ``(D) intimidation of potential witnesses; or ``(E) otherwise seriously jeopardizing an investigation or unduly delaying a trial. ``(3) Standard.--A district court of the United States shall issue a nondisclosure order or extension thereof under this subsection if the court determines that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period may result in-- ``(A) endangering the life or physical safety of an individual; ``(B) flight from prosecution; ``(C) destruction of or tampering with evidence; ``(D) intimidation of potential witnesses; or ``(E) otherwise seriously jeopardizing an investigation or unduly delaying a trial. ``(4) Extension.--Upon a showing that the circumstances described in subparagraphs (A) through (E) of paragraph (3) continue to exist, a district court of the United States may issue an ex parte order extending a nondisclosure order imposed under this subsection or under section 3486(a)(6)(A) for additional periods of 180 days, or, if the court determines that the circumstances necessitate a longer period of nondisclosure, for additional periods which are longer than 180 days. ``(b) Closed Hearings.--In all proceedings under this section, subject to any right to an open hearing in a contempt proceeding, the court must close any hearing to the extent necessary to prevent an unauthorized disclosure of a request for records, a report, or other information made to any person or entity under section 3486. Petitions, filings, records, orders, certifications, and subpoenas must also be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a subpoena under section 3486.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 223 of title 18, United States Code, is amended by inserting after the item relating to section 3486 the following: ``3486A. Judicial review of nondisclosure requirements.''.

Targeting Child Predators Act of 2016 This bill amends the federal criminal code to establish: (1) a certification process with respect to nondisclosure requirements imposed in connection with specified administrative subpoenas, and (2) a judicial review process with respect to the imposition of such requirements.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gifted and Talented Students Education Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress makes the following findings: (1) Gifted and talented students give evidence of high performance capability in specific academic fields, or in areas such as intellectual, creative, artistic, or leadership capacity, and require services or activities not ordinarily provided by a school in order to fully develop such capabilities. Gifted and talented students are from all cultural, racial, and ethnic backgrounds, and socioeconomic groups. Some such students have disabilities and for some, English is not their first language. Many students from such diverse backgrounds have been historically underrepresented in gifted education programs. (2) Because gifted and talented students generally are more advanced academically, are able to learn more quickly and study in more depth and complexity than others their age, the students have special educational needs that require opportunities and experiences that are different from those generally available in regular education programs. (3) Parents and families are essential partners to schools in developing appropriate educational services for gifted and talented students. They need access to information, research, and support regarding the characteristics of gifted children and their educational and social and emotional needs, as well as information on available strategies and resources for education in State and local communities. (4) There currently is no Federal requirement to identify or serve the Nation's approximately 3,000,000 gifted and talented students. (5) While some States and local educational agencies allocate resources to educate gifted and talented students, others do not. Additionally, State laws and State and local funding, identification, and accountability mechanisms vary widely, resulting in a vast disparity of services for this special-needs population. (6) If the United States is to compete successfully in the global economy, it is important that more students achieve to higher levels, and that highly capable students receive an education that prepares them to perform the most highly innovative and creative work that is necessary in today's workplace. (7) The performance of twelfth-grade advanced students in the United States on the Third International Mathematics and Science Study (TIMSS) was among the lowest in the world. In each of 5 physics content areas in the study and in each of 3 math content areas in the study, the performance of physics and advanced mathematics students in the United States was among the lowest of the participating countries. (8) Elementary school students who are gifted and talented have already mastered 35 to 50 percent of the material covered in a school year in several subject areas before the school year begins. (9) In 1990, fewer than 2 cents out of every $100 spent on elementary and secondary education in the United States was devoted to providing challenging programming for the Nation's gifted and talented students. (b) Purpose.--The purpose of this Act is to provide grants to States to support programs, classes, and other services designed to meet the needs of the Nation's gifted and talented students in elementary schools and secondary schools. SEC. 3. PROGRAM AUTHORIZATION AND ACTIVITIES. (a) In General.--If the amount appropriated under section 11 for a fiscal year equals or exceeds $50,000,000, then the Secretary may award grants to State educational agencies from allotments under section 4 to enable the State educational agencies to award grants to local educational agencies under section 6 for developing or expanding gifted and talented education programs, and providing direct educational services and materials through 1 or more of the following activities: (1) Developing and implementing programs to address State and local needs for inservice training programs for general educators, specialists in gifted and talented education, administrators, school counselors, or other personnel at the elementary and secondary levels. (2) Making materials and services available through State regional education service centers, universities, colleges, or other entities. (3) Providing direct educational services and materials to gifted and talented students, which may include curriculum compacting, modified or adapted curriculum, acceleration, independent study, and dual enrollment. (4) Supporting innovative approaches and curricula used by local educational agencies, individual schools, or consortia of schools or local educational agencies. (5) Providing challenging, high-level course work to individual students or groups of students in schools and school districts that do not have the resources to otherwise provide the courses through new and emerging technologies, including distance learning, developing curriculum packages, compensating distance-learning educators, or providing other relevant activities or services, but not for purchasing or upgrading of technological hardware. (b) State Infrastructure Costs.-- (1) In general.--A State educational agency may use not more than 10 percent of the funds received under this Act for-- (A) establishment and implementation of a peer review process for grant applications under section 7; (B) supervision of the awarding of funds to local educational agencies (including consortia of local educational agencies) to support gifted and talented students in the State; (C) planning, supervision, and processing of funds made available under this Act; (D) monitoring and evaluation of programs and activities assisted under this Act; (E) dissemination of general program information; (F) creating a State gifted education advisory board; and (G) providing technical assistance under this section. (2) Education and support.--Not more than 2 percent of the total amount received under this Act by the State may be used by the State educational agency to provide information, education, and support to parents and caregivers of gifted and talented children to enhance their ability to participate in decisions regarding their children's educational programs. Such education, information, and support shall be developed and carried out by parents and caregivers or by parents and caregivers in partnership with the State. SEC. 4. ALLOTMENT TO STATES. (a) Reservation of Funds.--From the amount made available to carry out this Act for any fiscal year, the Secretary shall reserve \1/2\ of 1 percent for the Secretary of the Interior for programs under this Act for teachers, other staff, and administrators in schools operated or funded by the Bureau of Indian Affairs. (b) Formula.--Except as provided in subsection (c), from the total amount made available to carry out this Act for a fiscal year that remains after making the reservation under subsection (a), the Secretary shall allot to each State an amount that bears the same relation to the total remaining amount as the number of children ages 5 through 18 in the State for the preceding academic year bears to the total number of all such children in all States for such year. (c) Minimum Award.--No State receiving an allotment under subsection (b) may receive less than \1/2\ of 1 percent of the total amount allotted under such subsection. (d) Reallotment.--If any State does not apply for an allotment under this section for any fiscal year, the Secretary shall reallot such amount to the remaining States in accordance with this section. SEC. 5. STATE APPLICATIONS. (a) In General.--To be eligible to receive a grant under section 3 or 8, a State educational agency shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (b) Contents.--The application described in subsection (a) shall include assurances-- (1) that the State educational agency is designated as the agency responsible for the administration and supervision of programs assisted under this Act; (2) of the State educational agency's ability to provide matching funds for the activities to be assisted under this Act in an amount equal to not less than 20 percent of the grant funds to be received, which matching funds shall be provided in cash or in-kind; (3) that funds received under this Act shall be used to identify and support gifted and talented students, including students from all economic, ethnic, and racial backgrounds, students of limited English proficiency, students with disabilities, and highly gifted students; (4) that funds received under this Act shall be used only to supplement, not supplant, the amount of State and local funds expended for the specialized education and related services provided for the education of gifted and talented students; and (5) that the State shall develop and implement program assessment models to evaluate educational effectiveness and ensure program accountability. (c) Approval.--The Secretary shall approve an application of a State educational agency under this section if such application meets the requirements of this section. SEC. 6. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES. (a) Grant Competition.--A State educational agency shall use not less than 88 percent of the funds made available to the State education agency under this Act to award grants, on a competitive basis, to local educational agencies (including consortia of local educational agencies) to support programs, classes, and other services designed to meet the needs of gifted and talented students. (b) Size of Grant.--A State educational agency shall award a grant under subsection (a) for any fiscal year in an amount sufficient to meet the needs of the students to be served under the grant. SEC. 7. LOCAL APPLICATIONS. (a) Application.--To be eligible to receive a grant under this Act, a local educational agency (including a consortium of local educational agencies) shall submit an application to the State educational agency. (b) Contents.--Each such application shall include-- (1) an assurance that the funds received under this Act will be used to identify and support gifted and talented students, including gifted and talented students from all economic, ethnic, and racial backgrounds, such students of limited English proficiency, and such students with disabilities; (2) a description of how the local educational agency will meet the educational needs of gifted and talented students, including the training of personnel in the education of gifted and talented students; and (3) an assurance that funds received under this Act will be used to supplement, not supplant, the amount of funds the local educational agency expends for the education of and related services for, the education of gifted and talented students. SEC. 8. COMPETITIVE GRANTS TO STATES. If the amount appropriated under section 11 for a fiscal year is less than $50,000,000, then the Secretary may use the funds that are not reserved under section 4(a) to award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to begin implementing activities described in section 3 through the awarding of grants on a competitive basis to local educational agencies. SEC. 9. REPORTING. Not later than 1 year after the date of enactment of this Act and for each subsequent year thereafter, the State educational agency shall submit an annual report to the Secretary that describes the number of students served and the activities supported with funds provided under this Act. The report shall include a description of the measures taken to comply with the accountability requirements of section 5(b)(5). SEC. 10. DEFINITIONS. In this Act: (1) Gifted and talented.-- (A) In general.--Except as provided in subparagraph (B), the term ``gifted and talented'' when used with respect to a person or program-- (i) has the meaning given the term under applicable State law; or (ii) in the case of a State that does not have a State law defining the term, has the meaning given such term by definition of the State educational agency or local educational agency involved. (B) Special rule.--In the case of a State that does not have a State law that defines the term, and the State educational agency or local educational agency has not defined the term, the term has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (5) State educational agency.--The term ``State educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act, $160,000,000 for each of fiscal years 2002, 2003, 2004, 2005, and 2006.

Gifted and Talented Students Education Act of 2001 - Authorizes the Secretary of Education to make grants to State educational agencies to assist local educational agencies to develop or expand gifted and talented education programs through one or more of the following activities: (1) professional development programs; (2) technical assistance; (3) innovative approaches and curricula; (4) emerging technologies, including distance learning; and (5) direct educational services and materials, which may include compacted, modified, or adapted curricula, acceleration, independent study, and dual enrollment.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Academic Anesthesiology and CRNA Payment Improvement Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1991, the Medicare program has reduced reimbursements for anesthesia services provided to Medicare beneficiaries by 50 percent in certain instances when education of student nurse anesthetists or anesthesiology medical residents is involved, imposing financial disincentives against anesthesia education. These Medicare payment policies are known as anesthesia teaching rules. (2) In 2002, the Centers for Medicare & Medicaid Services (CMS) authorized an alternative payment system for certain cases involving nurse anesthesia education and subsequently for anesthesiology resident education, in which the agency allowed reimbursement for base units plus discontinuous time. However, the alternative has not propagated in the marketplace and CMS has declined to reform the anesthesia teaching rules further without an Act of Congress. (3) To ensure the access of patients to safe, high quality anesthesia care, society has a strong interest in providing for high quality anesthesia educational institutions. The population of the United States is aging, resulting in an increase in demand for health care requiring anesthesia and pain management services provided by anesthesiologists and certified registered nurse anesthetists (CRNAs). (4) Though the Institute of Medicine in 2000 found the provision of anesthesia in such year to be 50 times safer than the provision of anesthesia during the 20 years previous to such year, continued evaluation, innovation, and quality improvements in anesthesia are required to further enhance patient safety. (5) As of August 2006, there are 130 anesthesiology residency programs and 102 programs accredited by the Council on Accreditation of Nurse Anesthesia Educational Programs in the United States. Under the current payment rules under the Medicare program, both anesthesiology residency and nurse anesthesia educational programs report challenges recruiting and retaining faculty. (6) Since part B under the Medicare program provides for reimbursement for the services of anesthesiologists and the services of CRNAs, reforms to the anesthesia teaching rules under the Medicare program should treat teaching anesthesiologists and teaching CRNAs similarly with respect to anesthesiology medical residents and student registered nurse anesthetists, respectively, and should not favor one provider over another. SEC. 3. PURPOSE. The purpose of this Act is to ensure financial stability of nurse anesthesia and anesthesiology educational programs to provide sufficient opportunities for student nurse anesthetists and medical residents to pursue the specialty of anesthesia so that patients continue to have access to quality health care. SEC. 4. SPECIAL PAYMENT RULE FOR TEACHING ANESTHESIOLOGISTS AND TEACHING CERTIFIED REGISTERED NURSE ANESTHETISTS. (a) For Physicians' Services.--Section 1848(a) of the Social Security Act (42 U.S.C. 1395w-4(a)) is amended-- (1) in paragraph (4)(A), by inserting ``except as provided in paragraph (5)(A)'' after ``anesthesia cases,''; and (2) by adding at the end of paragraph (4) the following new paragraph: ``(5) Special rule for teaching anesthesiologists.-- ``(A) In general.--With respect to physicians' services furnished by a teaching anesthesiologist involved in the training of physician residents or student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, notwithstanding paragraph (4), the fee schedule amount to be applied for each such case shall be the amount described in subparagraph (B) if both of the following conditions are met: ``(i) The teaching anesthesiologist is present during all critical or key portions of the anesthesia service or case involved. ``(ii) At least one of the following individuals is immediately available to furnish anesthesia services during the entire case: ``(I) The teaching anesthesiologist. ``(II) An anesthesiologist with whom the teaching anesthesiologist has entered into an arrangement for such purpose. ``(III) In the case of the training of student nurse anesthetists, a certified registered nurse anesthetist with whom the teaching anesthesiologist has entered into an arrangement with respect to such training. ``(B) Amount described.--For purposes of subparagraph (A), the amount described in this subparagraph, with respect to anesthesia services furnished by a teaching anesthesiologist described in such subparagraph, is 100 percent of the fee schedule amount otherwise applicable under this section if the anesthesia services were personally performed by the teaching anesthesiologist alone. ``(C) Clarification for anesthesiologists who medically direct teaching certified registered nurse anesthetists.--Subparagraph (A) shall not apply in the case of physician services furnished by an anesthesiologist who medically directs a certified registered nurse anesthetist who is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases.''. (b) For Services of Certified Registered Nurse Anesthetists.-- Section 1833(l) of such Act (42 U.S.C. 1395l(l)) is amended-- (1) in paragraph (4)(B)(iii)-- (A) by striking ``In the case of'' and inserting ``(I) Subject to clause (II), in the case of''; (B) by striking ``1848(a)(5)(B)'' and inserting ``1848(a)(4)(B)''; and (C) by adding at the end the following new subclause: ``(II) Subclause (I) shall apply to a certified registered nurse anesthetist who is medically directed or medically supervised by a physician notwithstanding whether or not such certified registered nurse anesthetist is involved in the training of student nurse anesthetists in a single case or two concurrent cases.''; and (2) by adding at the end the following new paragraph: ``(7)(A) With respect to services furnished by a teaching certified registered nurse anesthetist who is not medically directed and who is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, the fee schedule amount to be applied for each such case shall be the amount described in subparagraph (B) if both of the following conditions are met: ``(i) The teaching certified registered nurse anesthetist is present during all critical or key portions of the anesthesia service or case involved. ``(ii) The teaching certified registered nurse anesthetist (or other certified registered nurse anesthetist or anesthesiologist with whom the teaching certified registered nurse anesthetist has entered into an arrangement) is immediately available to furnish anesthesia services during the entire case. ``(B) For purposes of subparagraph (A), the amount described in this subparagraph, with respect to services furnished by a teaching certified registered nurse anesthetist described in such subparagraph, is 100 percent of the fee schedule amount otherwise applicable under this subsection if the services were personally performed by the teaching certified registered nurse anesthetist alone.''. (c) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2007.

Medicare Academic Anesthesiology and CRNA Payment Improvement Act of 2006 - Amends title XVIII (Medicare) part B (Supplementary Medical Insurance Benefits for the Aged and Disabled) of the Social Security Act to set forth a special payment rule for teaching anesthesiologists (TAs) and teaching certified registered nurse anesthetists (CRNAs). Requires payment of 100% of the fee schedule amount otherwise applicable for anesthesia services personally performed by the TA alone when the TA is training physician residents or student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the TA is present during all critical or key portions of the anesthesia service or case involved; and (2) either the TA or an anesthesiologist or a CRNA with whom the TA has made special arrangements is immediately available to furnish anesthesia services during the entire case. States that this special payment rule shall not apply in the case of physician services furnished by an anesthesiologist who medically directs a CRNA involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases. Applies to a CRNA medically directed or medically supervised by a physician in the performance of anesthesia services the current fee schedule amount of one-half of the amount for a physician's medical direction of the performance of such services, regardless of whether or not the CRNA is involved in the training of student nurse anesthetists in a single case or two concurrent cases. Requires payment, however, of 100% of the fee schedule amount otherwise applicable for anesthesia services personally performed by a teaching CRNA alone when the teaching CRNA is not medically directed but is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the teaching CRNA is present during all critical or key portions of the anesthesia service or case involved; and (2) the teaching CRNA (or other CRNA or anesthesiologist with whom the CRNA has made special arrangements) is immediately available to furnish anesthesia services during the entire case.

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SECTION 1. POTENTIAL PROBLEM OFFICER EARLY WARNING PROGRAMS. (a) Declarations.--The Congress finds and declares that-- (1) police brutality is a problem of deep concern; and (2) the Congress has an interest in assisting local units in creating early warning systems that are effective, resilient, and affordable to the local units. (b) Definition.--In this Act, ``potential problem officer early warning program'' means a system of procedures that is designed to-- (1) identify police officers who have been the subject of an excessive number of legitimate complaints of excessive use of force by members of the public or have otherwise demonstrated the potentiality of having difficulty dealing appropriately with members of the public; (2) provide assistance to such officers in avoiding such difficulty in the future, including the provision of training in communication techniques, conflict resolution, and stress management; and (3) apply discipline where appropriate. (c) Evaluation and Report.-- (1) Evaluation.--The Attorney General, acting through the Director of the National Institute of Justice, shall-- (A) conduct an evaluation of potential problem officer early warning programs that are being or have been utilized by units of local government, including analyses of-- (i) the effect on such programs of factors such as the population and geographic size and characteristics of a jurisdiction and the ability of such programs to adjust in a resilient manner to changes in such factors; (ii) the potential savings that local governments can realize from the operation of such programs as a result of the reduction in the number of citizen complaints, the reduction in the number of occasions in which it is necessary to change the duty assignments of or to dismiss (and replace) problem officers, and other beneficial effects; (iii) the positive and negative effects that such programs may have on the law enforcement system, such as their effect on police morale and the ability of police officers to perform their law enforcement duties; (iv) the ability of such programs to ensure the exoneration of officers whose conduct is proper while identifying those whose conduct indicates the necessity or desirability of prophylactic action; and (v) the costs of establishing such programs and of operating and monitoring the effectiveness of such programs on a permanent basis; (B) develop a model early warning system that is effective, capable of adjusting to changing circumstances, and affordable to units (or combinations of units) of local government of jurisdictions (or combinations of jurisdictions) with populations of 50,000 or more; and (C) prepare and disseminate to the law enforcement community, including Federal, State and local law enforcement agencies, findings and recommendations made as a result of the evaluation for the establishment of such programs. (2) Report.--On or before October 1, 1994, the Attorney General shall submit to Congress a report addressing the matters described in paragraph (1), with recommendations concerning the need or appropriateness of further action by the Federal Government. (3) Expenses.--Expenses incurred in conducting the evaluation and developing a model potential problem officer early warning system under paragraph (1) shall be paid out of funds that are available to the National Institute of Justice and not specifically appropriated for other purposes, to the extent that such funds can be made available without increasing the amount of appropriations for the National Institute of Justice for any fiscal year over the amount appropriated for fiscal year 1993. (d) Sense of Congress.--It is the sense of Congress that-- (1) the Attorney General should, under existing authorities and using appropriations available for those authorities and funds otherwise available to the Attorney General, make seed money grants of up to $25,000 each to units (or combinations of units) of local government of jurisdictions (or combinations of jurisdictions) of a population of 50,000 or more for the purpose of assisting the police department (or other entity that performs the functions of a police department) in establishing a potential problem officer early warning program; (2) a unit of local government should be eligible to receive a grant described in subsection (c) if-- (A) its police department (or other entity that performs the functions of a police department) adopts and enforces-- (i) a written policy prohibiting the use of unreasonable or unnecessary physical force by law enforcement officers; and (ii) written procedures for receiving and investigating citizen complaints alleging misconduct by law enforcement officers; (B) the program to be funded includes provisions for continuing self-monitoring of the program, including the provision to the Attorney General of information that may be useful in performing the evaluation and developing the model program described in subsection (d)(1); and (C) the grant recipient demonstrates a commitment to the long-term continuance of the program and the reduction of the incidence of police brutality; (3) a policy described in paragraph (2)(A) should-- (A) restrict the use of force to circumstances authorized by law and to the degree minimally necessary to accomplish a lawful law enforcement purpose; and (B) include procedures for reporting and monitoring the use of force by officers within the jurisdiction of the department; (4) the procedures described in paragraph (2)(B) should require that complainants-- (A) be allowed to receive copies of their complaints; (B) be informed of the findings, disposition, and specific disciplinary actions, if any, resulting from their complaints; and (C) be permitted to attend any disciplinary hearings that result from their complaints; (5) a unit (or combination of units) of local government should receive grants described in this subsection in amounts that do not exceed $50,000 in the aggregate; and (6) the total amount of grants described in this subsection that are made during fiscal years 1994, 1995, 1996, 1997, and 1998 should not exceed $5,000,000.

Directs the Attorney General to: (1) conduct an evaluation of potential problem officer early warning programs utilized by local governments; (2) develop a model early warning system that is effective, capable of adjusting to changing circumstances, and affordable to local governments of jurisdictions with populations of 50,000 or more; and (3) prepare and disseminate findings and recommendations to the law enforcement community for the establishment of such programs. Sets forth provisions regarding: (1) reporting requirements; and (2) payment of expenses incurred in conducting the evaluation and developing a model system. Expresses thhe sense of the Congress that: (1) the Attorney General should make seed money grants of up to $25,000 to local governments for assisting in establishing such programs; and (2) local governments should be eligible if they adopt and enforce policies prohibiting unreasonable or unnecessary force by law enforcement officers and procedures for receiving and investigating citizen complaints.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Mortgage Insurance Technical Corrections and Clarification Act''. SEC. 2. CHANGES IN AMORTIZATION SCHEDULE. (a) Treatment of Adjustable Rate Mortgages.--The Homeowners Protection Act of 1998 (12 U.S.C. 4901 et seq.) is amended-- (1) in section 2-- (A) in paragraph (2)(B)(i), by striking ``amortization schedules'' and inserting ``the amortization schedule then in effect''; (B) in paragraph (16)(B), by striking ``amortization schedules'' and inserting ``the amortization schedule then in effect''; (C) by redesignating paragraphs (6) through (16) (as amended by the preceding provisions of this paragraph) as paragraphs (8) through (18), respectively; and (D) by inserting after paragraph (5) the following new paragraph: ``(6) Amortization schedule then in effect.--The term `amortization schedule then in effect' means, with respect to an adjustable rate mortgage, a schedule established at the time at which the residential mortgage transaction is consummated or, if such schedule has been changed or recalculated, is the most recent schedule under the terms of the note or mortgage, which shows-- ``(A) the amount of principal and interest that is due at regular intervals to retire the principal balance and accrued interest over the remaining amortization period of the loan; and ``(B) the unpaid balance of the loan after each such scheduled payment is made.''; and (2) in section 3(f)(1)(B)(ii), by striking ``amortization schedules'' and inserting ``the amortization schedule then in effect''. (b) Treatment of Balloon Mortgages.--Paragraph (1) of section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(1)) is amended by adding at the end the following new sentence: ``A residential mortgage that (A) does not fully amortize over the term of the obligation, and (B) contains a conditional right to refinance or modify the unamortized principal at the maturity date of the term, shall be considered to be an adjustable rate mortgage for purposes of this Act.''. (c) Treatment of Loan Modifications.-- (1) In general.--Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended-- (A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and (B) by inserting after subsection (c) the following new subsection: ``(d) Treatment of Loan Modifications.--If a mortgagor and mortgagee (or holder of the mortgage) agree to a modification of the terms or conditions of a loan pursuant to a residential mortgage transaction, the cancellation date, termination date, or final termination shall be recalculated to reflect the modified terms and conditions of such loan.''. (2) Conforming amendments.--Section 4(a) of the Homeowners Protection Act of 1998 (12 U.S.C. 4903(a)) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``section 3(f)(1)'' and inserting ``section 3(g)(1)''; (ii) in subparagraph (A)(ii)(IV), by striking ``section 3(f)'' and inserting ``section 3(g)''; and (iii) in subparagraph (B)(iii), by striking ``section 3(f)'' and inserting ``section 3(g)''; and (B) in paragraph (2), by striking ``section 3(f)(1)'' and inserting ``section 3(g)(1)''. SEC. 3. DELETION OF AMBIGUOUS REFERENCES TO RESIDENTIAL MORTGAGES. (a) Termination of Private Mortgage Insurance.--Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended-- (1) in subsection (c), by inserting ``on residential mortgage transactions'' after ``imposed''; and (2) in subsection (g) (as so redesignated by section 2(c)(1)(A) of this Act)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``mortgage or''; (B) in paragraph (2), by striking ``mortgage or''; and (C) in paragraph (3), by striking ``mortgage or'' and inserting ``residential mortgage or residential''. (b) Disclosure Requirements.--Section 4 of the Homeowners Protection Act of 1998 (12 U.S.C. 4903(a)) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``mortgage or'' the first place it appears; and (ii) by striking ``mortgage or'' the second place it appears and inserting ``residential''; and (B) in paragraph (2), by striking ``mortgage or'' and inserting ``residential''; (2) in subsection (c), by striking ``paragraphs (1)(B) and (3) of subsection (a)'' and inserting ``subsection (a)(3)''; and (3) in subsection (d), by inserting before the period at the end the following: ``, which disclosures shall relate to the mortgagor's rights under this Act''. (c) Disclosure Requirements for Lender-Paid Mortgage Insurance.-- Section 6 of the Homeowners Protection Act of 1998 (12 U.S.C. 4905) is amended-- (1) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``a residential mortgage or''; and (B) in paragraph (2), by inserting ``transaction'' after ``residential mortgage''; and (2) in subsection (d), by inserting ``transaction'' after ``residential mortgage''. SEC. 4. CANCELLATION RIGHTS AFTER CANCELLATION DATE. Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by inserting after ``cancellation date'' the following: ``or any later date that the mortgagor fulfills all of the requirements under paragraphs (1) through (4)''; (B) in paragraph (2), by striking ``and'' at the end; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: ``(3) is current on the payments required by the terms of the residential mortgage transaction; and''; and (2) in subsection (e)(1)(B) (as so redesignated by section 2(c)(1)(A) of this Act), by striking ``subsection ``(a)(3)'' and inserting ``subsection (a)(4)''. SEC. 5. CLARIFICATION OF CANCELLATION AND TERMINATION ISSUES AND LENDER PAID MORTGAGE INSURANCE DISCLOSURE REQUIREMENTS. (a) Good Payment History.--Section 2(4) of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(4)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``the later of (i)'' before ``the date''; and (B) by inserting ``, or (ii) the date that the mortgagor submits a request for cancellation under section 3(a)(1)'' before the semicolon; and (2) in subparagraph (B)-- (A) by inserting ``the later of (i)'' before ``the date''; and (B) by inserting ``, or (ii) the date that the mortgagor submits a request for cancellation under section 3(a)(1)'' before the period at the end. (b) Automatic Termination.--Paragraph (2) of section 3(b) of the Homeowners Protection Act of 1998 (12 U.S.C. 4902(b)(2)) is amended to read as follows: ``(2) if the mortgagor is not current on the termination date, on the first day of the first month beginning after the date that the mortgagor becomes current on the payments required by the terms of the residential mortgage transaction.''. (c) Premium Payments.--Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended by adding at the end the following new subsection: ``(h) Accrued Obligation for Premium Payments.--The cancellation or termination under this section of the private mortgage insurance of a mortgagor shall not affect the rights of any mortgagee, servicer, or mortgage insurer to enforce any obligation of such mortgagor for premium payments accrued prior to the date on which such cancellation or termination occurred.''. SEC. 6. DEFINITIONS. (a) Refinanced.--Section 6(c)(1)(B)(ii) of the Homeowners Protection Act of 1998 (12 U.S.C. 4905(c)(1)(B)(ii)) is amended by inserting after ``refinanced'' the following: ``(under the meaning given such term in the regulations issued by the Board of Governors of the Federal Reserve System to carry out the Truth in Lending Act (15 U.S.C. 1601 et seq.))''. (b) Midpoint of the Amortization Period.--Section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901) is amended by inserting after paragraph (6) (as added by section 2(a)(1)(D) of this Act) the following new paragraph: ``(7) Midpoint of the amortization period.--The term ``midpoint of the amortization period'' means, with respect to a residential mortgage transaction, the point in time that is halfway through the period that begins upon the first day of the amortization period established at the time a residential mortgage transaction is consummated and ends upon the completion of the entire period over which the mortgage is scheduled to be amortized.''. (c) Original Value.--Section 2(12) of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(10)) (as so redesignated by section 2(a)(1)(C) of this Act) is amended-- (1) by inserting ``transaction'' after ``a residential mortgage''; and (2) by adding at the end the following new sentence: ``In the case of a residential mortgage transaction for refinancing the principal residence of the mortgagor, such term means only the appraised value relied upon by the mortgagee to approve the refinance transaction.''. (d) Principal Residence.--Section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901) is amended-- (1) in paragraph (14) (as so redesignated by section 2(a)(1)(C) of this Act) by striking ``primary'' and inserting ``principal''; and (2) in paragraph (15) (as so redesignated by section 2(a)(1)(C) of this Act) by striking ``primary'' and inserting ``principal''. Passed the House of Representatives May 23, 2000. Attest: JEFF TRANDAHL, Clerk.

Includes balloon mortgages within the definition of "adjustable rate mortgages." States that if a residential mortgage loan is modified (with mortgagor-mortgagee agreement) the cancellation date, termination date, or final agreement shall be recalculated to reflect such modifications. (Sec. 4) Extends mortgage insurance cancellation rights beyond the cancellation date for a qualifying borrower who is current on required payments. (Sec. 5) Revises the automatic termination date with respect to a mortgagor who is not current on payments as of the mortgage termination date. States that the cancellation or termination of private mortgage insurance shall not affect the rights of any mortgagee, servicer, or insurer to enforce any accrued obligation for premium payments. (Sec. 6) Revises specified definitions.

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SECTION 1. PLACEMENT PROGRAMS FOR FEDERAL EMPLOYEES AFFECTED BY REDUCTION IN FORCE ACTIONS. (a) Short Title.--This Act may be cited as the ``Public Servant Priority Placement Act of 1995''. (b) In General.--Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end thereof the following new section: ``Sec. 3329b. Placement programs for Federal employees affected by reduction in force actions ``(a) For purposes of this section the term ``agency'' means an ``Executive agency'' as defined under section 105, except such term shall not include the General Accounting Office. ``(b) No later than 180 days after the date of the enactment of this section, the Director of the Office of Personnel Management shall establish a Government-wide program and each agency shall establish an agency program to facilitate employment placement for Federal employees who-- ``(1) are scheduled to be separated from service under a reduction in force under-- ``(A) regulations prescribed under section 3502; or ``(B) procedures established under section 3595; or ``(2) are separated from service under such a reduction in force. ``(c) Each agency placement program established under subsection (b) shall provide a system to require the offer of a vacant position in an agency to an employee of such agency affected by a reduction in force action, if-- ``(1) the position cannot be filled within the agency; ``(2) the employee to whom the offer is made is qualified for the offered position; ``(3)(A) the classification of the offered position is equal to or no more than one grade below the classification of the employee's present or last held position; or ``(B)(i) the basic rate of pay of the offered position is equal to the basic rate of pay of the employee's present or last held position; or ``(ii) sections 5362 and 5363 apply to the basic rate of pay of the employee in the offered position; and ``(4) the geographic location of the offered position is within the commuting area of-- ``(A) the residence of the employee; or ``(B) the location of the employee's present or last held position. ``(d) The Government-wide placement program established under subsection (b) shall-- ``(1) coordinate with programs established by agencies for the placement of agency employees affected by a reduction in force action within such agency; and ``(2) provide a system to require the offer of a vacant position in an agency to an employee of another agency affected by a reduction in force action, if-- ``(A) the vacant position cannot be filled through the placement program or otherwise be filled from within the agency in which the position is located; ``(B) the employee to whom the offer is made is well qualified for the offered position; ``(C)(i) the classification of the offered position is equal to the classification of the employee's present or last held position; or ``(ii) the basic rate of pay of the offered position is equal to the basic rate of pay of the employee's present or last held position; and ``(D) the geographic location of the offered position is within the commuting area of-- ``(i) the residence of the employee; or ``(ii) the location of the employee's present or last held position. ``(e)(1) The agency placement program established under this section shall not affect any priority placement program of the Department of Defense that is in operation on the date of the enactment of this section. ``(2) The interagency placement program established under this section shall not affect the priority of placement of any employee under the agency placement program of such employee's employing agency.''. (c) Technical and Conforming Amendments.--(1) The section heading for the second section 3329 (relating to Government-wide list of vacant positions) is amended to read as follows: ``Sec. 3329a. Government-wide list of vacant positions''. (2) The table of sections for chapter 33 of title 5, United States Code, is amended by striking out the item relating to the second section 3329 (relating to Government-wide list of vacant positions) and inserting in lieu thereof the following: ``3329a. Government-wide list of vacant positions. ``3329b. Placement programs for Federal employees affected by reduction in force actions.''.

Public Servant Priority Placement Act of 1995 - Amends Federal civil service law to require the Director of the Office of Personnel Management to establish a Government-wide priority placement program, and each Federal agency to establish a similar agency-wide program, for Federal employees affected by a reduction in force.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors Financial Fraud Prevention Act of 2010''. SEC. 2. OFFICE FOR THE PREVENTION OF FRAUD TARGETING SENIORS. (a) Establishment of Office.--The Federal Trade Commission shall establish a separate office within the Commission for the purpose of preventing fraud targeting seniors and to assist the Commission with the following: (1) Oversight.--The office shall monitor the market for mail, telemarketing, television, and Internet fraud targeting seniors and shall coordinate with other relevant agencies regarding the requirements of this section. (2) Consumer education.--The Federal Trade Commission through the office shall, after consultation with the Attorney General, the Secretary of Health and Human Services, the Postmaster General, and the Chief Postal Inspector for the United States Postal Inspection Service-- (A) disseminate to seniors and families and caregivers of seniors general information on mail, telemarketing, television, and Internet fraud targeting seniors, including descriptions of the most common fraud schemes; (B) disseminate to seniors and families and caregivers of seniors information on means of referring complaints of fraud targeting seniors to appropriate law enforcement agencies, including the Director of the Federal Bureau of Investigation, the attorneys general of the States, and a national toll-free telephone number for reporting mail, telemarketing, television, and Internet fraud established by the Federal Trade Commission; (C) in response to a specific request about a particular entity or individual, provide publicly available information on any record of civil or criminal law enforcement action for mail, telemarketing, television, or Internet fraud against such entity; and (D) maintain a website to serve as a resource for information for seniors and families and caregivers of seniors regarding mail, telemarketing, television, and Internet fraud targeting seniors. (3) Complaints.--The Federal Trade Commission through the office shall, after consultation with the Attorney General, establish procedures to-- (A) log and acknowledge the receipt of complaints by individuals who certify that they have a reasonable belief that they have been the victim of fraud in connection with the conduct of mail, telemarketing (as that term is defined in section 2325 of title 18, United States Code), television, and Internet; (B) provide to individuals described in subparagraph (A), and to any other persons, information on mail, telemarketing, television, and Internet fraud, including-- (i) general information on mail, telemarketing, television, and Internet fraud, including descriptions of the most common mail, telemarketing, television, and Internet fraud schemes; (ii) information on means of referring complaints on mail, telemarketing, television, and Internet fraud to appropriate law enforcement agencies, including the Director of the Federal Bureau of Investigation and the Attorney General; and (iii) information, if available, on the number of complaints of mail, telemarketing, television, and Internet fraud against particular companies and any record of convictions for mail, telemarketing, television, and Internet fraud by particular companies for which a specific request has been made; and (C) refer complaints described in subparagraph (A) to appropriate entities, including State consumer protection agencies or entities and appropriate law enforcement agencies, for potential law enforcement action. (b) Commencement.--The Federal Trade Commission shall commence carrying out the requirements of this section not later than one year after the date of enactment of this Act.

Seniors Financial Fraud Prevention Act of 2010 - Establishes a separate office within the Federal Trade Commission (FTC) for the prevention of fraud targeting seniors and requires the office to assist the FTC in monitoring the market for mail, telemarketing, television, and Internet fraud which targets seniors. Requires the FTC through such office: (1) to disseminate to seniors and their families and caregivers information on mail, telemarketing, television, and Internet fraud targeting seniors, including on ways of referring complaints to appropriate law enforcement agencies; (2) in response to a request about a particular entity or individual, to provide publicly available information on any record of civil or criminal law enforcement action for such fraud; and (3) to maintain a website as a resource for such individuals on those kinds of fraud. Requires the FTC through such office to establish procedures to: (1) log and acknowledge complaints from individuals who certify that they believe they have been victims of mail, telemarketing, television, or Internet fraud; (2) provide certain information on those kinds of fraud; and (3) refer such complaints to appropriate entities, including state consumer protection agencies and entities and appropriate law enforcement agencies, for potential law enforcement action.

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SECTION 1. PRIVATIZATION OF WASTE CLEANUP AND MODERNIZATION ACTIVITIES OF DEFENSE NUCLEAR FACILITIES. (a) Contract Authority.--Notwithstanding any other law, the Secretary of Energy may enter into 1 or more long-term contracts for the procurement, from a facility located within 25 miles of a current or former Department of Energy defense nuclear facility, of products and services that are determined by the Secretary to be necessary to support waste cleanup and modernization activities at such facilities, including the following services and related products: (1) Waste remediation and environmental restoration, including treatment, storage, and disposal. (2) Technical services. (3) Energy production. (4) Utility services. (5) Effluent treatment. (6) General storage. (7) Fabrication and maintenance. (8) Research and testing. (b) Contract Provisions.--A contract under subsection (a)-- (1) shall be for a term of not more than 30 years; (2) shall include options for 2 10-year extensions of the contract; (3) when nuclear or hazardous material is involved, shall include an agreement to-- (A) provide indemnification pursuant to section 170d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)); (B) indemnify, protect, and hold harmless the contractor from and against all liability, including liability for legal costs, relating to any preexisting conditions at any part of the defense nuclear facility managed under the contract; (C) indemnify, protect, and hold harmless the contractor from and against all liability to third parties, including liability for legal costs, relating to claims for personal injury, illness, property damage, and consequential damages; and (D) provide for indemnification of subcontractors as described in subparagraphs (A), (B), and (C); (4) shall permit the contractor (in accordance with Federal law) to obtain a patent for and use for commercial purposes a technology developed by the contractor in the performance of the contract; (5) shall not provide for payment to the contractor of cost plus a percentage of cost or cost plus a fixed fee; and (6) shall include such other terms and conditions as the Secretary of Energy considers appropriate to protect the interests of the United States. (c) Preference for Local Residents.--In entering into contracts under subsection (a), the Secretary of Energy shall give preference, consistent with Federal, State, and local law, to entities that plan to hire, to the maximum extent practicable, residents of the vicinity of the Department of Energy defense nuclear facility concerned and to persons who have previously been employed by the Department of Energy or its private contractor at the facility. (d) Subsequently Enacted Requirements.-- (1) Definition.--In this subsection, the term ``applicable requirement'' means a requirement in an Act of Congress or regulation that applies specifically to activities described in subsection (a). (2) Increased costs.-- (A) In general.--A contractor under a contract under subsection (a) shall be exempt from an applicable requirement that would increase the cost of performing the contract that is-- (i) imposed by regulation by a Federal, State, or local governmental agency after the date on which the contract is entered into unless the regulation is issued under an Act of Congress described in the exception stated in clause (ii); or (ii) imposed by an Act of Congress enacted after the date of enactment of this Act, except an Act of Congress that refers to this paragraph and explicitly states that it is the intent of Congress to subject such a contractor to the requirement. (B) Amendment of contract.--In the case of enactment of an Act of Congress described in the exception stated in subparagraph (A)(ii), the Secretary of Energy and the contractor shall negotiate an amendment to a contract under subsection (a) providing full compensation to the contractor for the increased cost incurred in order to comply with any additional requirement of law. (3) Reduced costs.-- (A) In general.--A contractor under a contract under subsection (a) may elect to be governed by a change in a requirement that would reduce the cost of performing the contract that is-- (i) adopted by regulation by a Federal, State, or local governmental agency after the date on which the contract is entered into, unless the change is made pursuant to an Act of Congress that refers to this paragraph and explicitly states that it is the intent of Congress to continue to subject such a contractor to that requirement, as in effect prior to the date of enactment of that Act of Congress; or (ii) enacted by an Act of Congress enacted after the date of enactment of this Act, except an Act of Congress that refers to this paragraph and explicitly states that it is the intent of Congress to continue to subject such a contractor to that requirement, as in effect prior to the date of enactment of that Act of Congress. (B) Amendment of contract.--In the case of a change in a requirement that is to be applied to a contractor that will reduce the cost of performing the contract, the Secretary of Energy and the contractor shall negotiate an amendment to a contract under subsection (a) providing for a reduction in the amount of compensation to be paid to the contractor commensurate with the amount of any reduction in costs resulting from the change. (e) Payment of Balance of Unamortized Costs.-- (1) Definition.--In this subsection, the term ``special facility'' means land, a depreciable building, structure, or utility, or depreciable machinery, equipment, or material that is not supplied to a contractor by the Department of Energy. (2) Contract term.--A contract under subsection (a) may provide that if the contract is terminated for the convenience of the Government, the Secretary of Energy shall pay the unamortized balance of the cost of any special facility acquired or constructed by the contractor for performance of the contract. (3) Source of funds.--The Secretary of Energy may make a payment under a contract term described in paragraph (2) and pay any other costs assumed by the Secretary as a result of the termination out of any appropriations that are available to the Department of Energy for operating expenses for the fiscal year in which the termination occurs or for any subsequent fiscal year. (f) Lease of Federally Owned Land.-- (1) In general.--Notwithstanding any other provision of law, the Secretary of Energy may lease federally owned land at a current or former Department of Energy defense nuclear facility to a contractor in order to provide for or to facilitate the construction of a facility in connection with a contract under subsection (a). (2) Term.--The term of a lease under this paragraph shall be the lesser of-- (A) the expected useful life of the facility to be constructed; or (B) the term of the contract. (3) Terms and conditions.--A lease under paragraph (1) shall-- (A) require the contractor to pay rent in amounts that the Secretary of Energy considers to be appropriate; and (B) include such other terms and conditions as the Secretary of Energy considers to be appropriate. (g) Nuclear Standards.--The Secretary of Energy shall, whenever practicable, consider applying commercial nuclear standards to a facility used in the performance of a contract under subsection (a). (h) Limitation on Liability.-- (1) Definitions.--In this subsection, the terms ``hazardous substance'', ``pollutant or contaminant'', ``release'', and ``response'' have the meanings stated in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (2) In general.--A contractor under a contract under subsection (a) or a subcontractor of the contractor shall not be liable under Federal, State, or local law for any injury, cost, damage, expense, or other relief on a claim by any person for death, personal injury, illness, loss of or damage to property, or economic loss caused by a release or threatened release of a hazardous substance or pollutant or contaminant during performance of the contract unless the release or threatened release is caused by conduct of the contractor or subcontractor that is negligent or that constitutes intentional misconduct. (3) Repose.--No action (including an action for contribution or indemnity) to recover for damage to real or personal property, economic loss, personal injury, illness, death, or other expense or cost arising out of the performance under this section of a response action under a contract under subsection (a) may be brought against the contractor (or subcontractor of the contractor) under Federal, State, or local law after the date that is 6 years after the date of substantial completion of the response action. SEC. 2. PREFERENCE AND ECONOMIC DIVERSIFICATION FOR COMMUNITIES AND LOCAL RESIDENTS. (a) Definition.--In this section, the term ``qualifying Department of Energy site'' means a site that contains at least 1 current or former Department of Energy defense nuclear facility for which the Secretary of Energy is required by section 3161 of the National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h) to develop a plan for restructuring the work force. (b) Preference.--In entering into a contract with a private entity for products to be acquired or services to be performed at a qualifying Department of Energy site, the Secretary of Energy and contractors under the Secretary's supervision shall, to the maximum extent practicable, give preference to an entity that is otherwise qualified and within the competitive range (as determined under section 15.609 of title 48, Code of Federal Regulations, or a successor regulation, as in effect on the date of the determination) that plans to-- (1) provide products and services originating from communities within 25 miles of the site; (2) hire residents living in the vicinity of the site, especially dislocated site workers, to perform the contract; and (3) invest in value-added activities in the vicinity of the site to mitigate adverse economic development impacts resulting from closure or restructuring of the site. (c) Applicability.--Preference shall be given under subsection (b) only with respect to a contract for an environmental management and restoration activity that is entered into after the date of enactment of this Act. (d) Termination.--This section shall expire on September 30, 1999.

Authorizes the Secretary of Energy to enter into one or more contracts with facilities located within 25 miles of a current or former Department of Energy (DOE) defense nuclear facility for the procurement of products and services to support waste cleanup and modernization activities at such nuclear facilities. Requires the Secretary to give preference to facilities that plan to hire, to the maximum extent practicable, residents in the vicinity of the defense nuclear facility who are employed or who have previously been employed by DOE or its private contractor at the facility. Prohibits any person from bringing a claim against a contractor or subcontractor for injury, cost, damage, illness, death, damage to property, or economic loss caused by a release of a hazardous contaminant during performance of the contract, unless such release or threatened release is caused by contractor or subcontractor negligence or intentional misconduct. Sets forth a six year statute of limitations for commencement of such actions. Directs the Secretary and contractors under the Secretary's supervision, in entering into a contract or subcontract with a private entity for products to be acquired or services to be performed at a qualifying DOE site, to give preference to an entity (otherwise qualified and within the competitive range) that plans to: (1) provide products and services originating from communities within 25 miles of the site; (2) hire residents living in the site's vicinity to perform the contract (especially dislocated site workers); and (3) invest in value-added activities in the site's vicinity to mitigate adverse economic development impacts resulting from closure or restructuring of the site.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Transit and Rail Awareness and Investments for National Security Act of 2004'' or the ``Safe TRAINS Act''. SEC. 2. HOMELAND SECURITY PUBLIC TRANSPORTATION GRANTS. (a) Authorization.--The Secretary of Homeland Security is authorized to make grants for the purpose of improving the security of public transportation systems against acts of terrorism. The grant program shall be administered by the Under Secretary for Border and Transportation Security-- (1) in consultation with the Director of the Office of Domestic Preparedness, to ensure that the program is consistent with other Department of Homeland Security grant programs; (2) with the Assistant Secretary for Infrastructure Protection to ensure that grant awards are consistent with critical infrastructure risk assessments and protective priorities as they relate to public transportation; and (3) with the Under Secretary for Science and Technology to ensure that technology aspects of grant proposals are feasible and generally consistent with existing technologies and standards. (b) Considerations.--Among the considerations on which grants shall be awarded are the following: (1) Risk of terrorism, including threat assessment, vulnerabilities of public transportation systems, potential effects of acts of terrorism against public transportation systems, and past acts of terrorism against modes of transportation. (2) Merits of the proposed projects to increase national security, based on a consideration of-- (A) threats; (B) vulnerabilities; (C) consequences, including human casualties and economic impacts; (D) consequence management; (E) the likelihood that such projects would have been pursued in the normal course of business and in the absence of national security considerations; and (F) feasibility, based on the technical and operational merits of the projects. (c) Allowable Use of Funds.--Grants made under this section shall be used for the purposes of-- (1) support for increased capital investments in cameras, close-circuit television, and other surveillance systems; (2) increased capital investment in command, control, and communications systems, including investments for redundancy and interoperability and for improved situational awareness, such as emergency call boxes and vehicle locator systems; (3) increased training, including for carrying out exercises under section 3, and technical support for public transportation employees, especially for security awareness, prevention, emergency response, including evacuation, and decontamination; (4) expanded deployment of equipment and other measures, including canine detection teams, for the detection of explosives and chemical, biological, radiological, and nuclear agents; (5) capital improvements and operating activities, including personnel expenditures, to increase the physical security of stations, vehicles, bridges, and tunnels; (6) capital improvements and operating activities to improve passenger survivability in the event of an attack, including improvements in ventilation, drainage, fire safety technology, emergency communications systems, lighting systems, passenger egress, and accessibility by emergency response personnel; (7) acquisition of emergency response and support equipment, including fire suppression and decontamination equipment; and (8) expansion of employee education and public awareness campaigns regarding security on public transportation systems. (d) Eligible Recipients.--Grants shall be made available under this section directly to owners, operators, and providers of public transportation systems. Owners, operators, and providers of infrastructure over which public transportation operates, but which is not primarily used for public transportation, may also be eligible for grants at the discretion of the Secretary. (e) Accountability.--The Secretary shall adopt necessary procedures, including audits, to ensure that grants made under this section are expended in accordance with the purposes of this Act and the priorities and other criteria developed by the Secretary. If the Secretary determines that a recipient has used any portion of the grant funds received under this section for a purpose other than the allowable uses specified for that grant under this section, the grantee shall return any amount so used to the Treasury of the United States. (f) Procedures for Grant Award.--The Secretary shall prescribe procedures and schedules for the awarding of grants under this section, including application and qualification procedures, and a record of decision on applicant eligibility. The Secretary shall issue a final rule establishing the procedures not later than 90 days after the date of enactment of this Act. (g) Cost Share.--Grants made under this section shall account for no more than-- (1) 85 percent for fiscal year 2005; (2) 80 percent for fiscal year 2006; and (3) 75 percent for fiscal year 2007, of the expense of the purposes for which the grants are used. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out the purposes of this section-- (1) $1,200,000,000 for fiscal year 2005; (2) $900,000,000 for fiscal year 2006; and (3) $700,000,000 for fiscal year 2007. Amounts appropriated pursuant to this subsection shall remain available until expended. SEC. 3. TRAINING EXERCISES. (a) Guidelines.--Not later than 4 months after the date of enactment of this Act, the Secretary of Homeland Security shall publish guidelines for the conduct by recipients of grants under section 2 of appropriate exercises for emergency response and public transportation employee training purposes. (b) Plans.--Not later than 6 months after receipt of a grant under section 2, the recipient of such grant shall transmit to the Secretary its emergency response plan as well as a plan for conducting exercises for emergency response and public transportation employee training purposes pursuant to the guidelines published under subsection (a). (c) Exercises.-- (1) Requirement.--Not later than 1 year after receipt of a grant under section 2, the recipient of such grant shall conduct an exercise pursuant to the plan for conducting exercises transmitted under subsection (b). (2) Exemptions.--The Secretary may exempt a grant recipient from the requirement under paragraph (1) if the recipient has recently conducted an equivalent exercise. (3) Notice and report.--Not later than 30 days after conducting an exercise under paragraph (1) or as described in paragraph (2), the recipient shall notify the Secretary that such exercise has been completed, including a description of the results of the exercise and findings and lessons learned from the exercise, and shall make recommendations for changes, if necessary, to existing emergency response plans. If the recipient revises an emergency response plan as a result of an exercise under this subsection, the recipient shall transmit the revised plan to the Secretary not later than 6 months after the exercise. (d) Technical Assistance.--The Secretary shall provide technical assistance in the design, preparation for, and conduct of emergency response exercises. (e) Use of Plans.--The Secretary shall ensure that information submitted to the Secretary under this section is protected from any form of disclosure that might compromise public transportation security or trade secrets. Notwithstanding the preceding sentence, the Secretary may use such information, on a nonattributed basis unless otherwise agreed to by the source of the information, to aid in developing recommendations, best practices, and materials for use by public transportation authorities to improve security practices and emergency response capabilities. SEC. 4. SECURITY BEST PRACTICES. The Secretary of Homeland Security shall, not later than 120 days after the date of enactment of this Act, develop, disseminate to appropriate owners, operators, and providers of public transportation systems, public transportation employees and employee representatives, and Federal, State, and local officials, and transmit to the Congress a report containing best practices for the security of public transportation systems. In developing best practices, the Secretary shall be responsible for consulting with and collecting input from owners, operators, and providers of public transportation systems, public transportation employee representatives, first responders, industry associations, private sector experts, academic experts, and appropriate Federal, State, and local officials. SEC. 5. PUBLIC AWARENESS. Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop a national plan for public outreach and awareness. Such plan shall be designed to increase awareness of measures that the general public, public transportation passengers, and public transportation employees can take to increase public transportation system security. Such plan shall also provide outreach to owners, operators, providers, and employees of public transportation systems to improve their awareness of available technologies, ongoing research and development efforts, and available Federal funding sources to improve public transportation security. Not later than 9 months after the date of enactment of this Act, the Secretary shall implement the plan developed under this section. SEC. 6. SECURITY PLAN. (a) Requirement.--Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Transportation and in accordance with the Memorandum of Agreement executed under section 7, shall develop a strategic plan for the security of the Nation's public transportation systems and transmit to Congress a report containing a summary of that plan. Such plan shall-- (1) include a comprehensive assessment of risks to the Nation's public transportation systems, including an assessment of threats of terrorist attack, vulnerabilities against terrorist attack, and human, economic, and national security consequences of terrorist attack; (2) take into account actions taken or planned by both public and private entities to address identified security issues; (3) describe measures for prevention, protection, and preparedness, including recommended actions and best practices (as described in section 4); (4) make prioritized recommendations for improving public transportation system security; (5) identify specific actions the Federal Government should take to provide increased security support for public transportation systems, both generally and in periods of high or severe threat levels of alert; (6) identify measures for coordinating initiatives undertaken by the public and private sectors to increase security of public transportation systems; (7) contain an estimate of the cost to implement measures, recommendations, and best practices, and other actions contained within the plan; (8) identify milestones and timeframes for implementing measures, recommendations, and best practices, and other actions contained within the plan; and (9) identify methods for measuring progress against the plan and communicating such progress to owners, operators, and providers of public transportation systems and to Congress. (b) Implementation.--The Secretary shall begin implementation of the plan not later than 3 months after its development. (c) Consultation; Use of Existing Resources.--In developing the plan under this section, the Secretary shall be responsible for consulting with and collecting input from owners, operators, and providers of public transportation systems, public transportation employee representatives, first responders, industry associations, private sector experts, academic experts, and appropriate Federal, State, and local officials. (d) Format.--The Secretary may submit the report in both classified and unclassified formats if the Secretary considers that such action is appropriate or necessary. (e) 2-Year Updates.--The Secretary, in consultation with the Secretary of Transportation, shall update the plan every 2 years, as necessary, and transmit such updated report to Congress. SEC. 7. MEMORANDUM OF AGREEMENT. Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of Transportation shall execute a Memorandum of Agreement governing the roles and responsibilities of the Department of Homeland Security and the Department of Transportation, respectively, in addressing security matters for public transportation systems, including the process the departments will follow to promote communications, efficiency, and nonduplication of effort. Such Memorandum of Agreement shall also establish a formal mechanism to ensure coordination and the timely sharing of expertise and information between the Department of Homeland Security and the Department of Transportation, as appropriate, in public transportation security. SEC. 8. NATIONAL TRANSPORTATION SECURITY CENTERS. (a) Establishment.--The Secretary of Homeland Security shall establish more than 1 but not more than 4 National Transportation Security Centers at institutions of higher education to assist in carrying out this Act and to conduct research and education, and to develop or provide professional training, including the training of public transportation employees and public transportation-related professionals, with emphasis on utilization of intelligent transportation systems, technologies, and architectures. (b) Criteria.--The Secretary shall designate the Centers according to the following selection criteria: (1) The demonstrated commitment of the institution to transportation security issues. (2) The use of and experience with partnerships with other institutions of higher education, Federal laboratories, or other nonprofit laboratories. (3) Capability to conduct both practical and theoretical research and technical systems analysis. (4) Utilization of intelligent transportation system technologies and architectures. (5) Ability to develop professional training programs. (6) Capability and willingness to conduct education of transportation security professionals. (7) Such other criteria that the Secretary may designate. (c) Funding.--The Secretary shall provide such funding as is necessary to the National Transportation Security Centers established under subsection (a) to carry out this section. SEC. 9. WHISTLEBLOWER PROTECTION. (a) In General.--No employee or other person may be harassed, prosecuted, held liable, or discriminated against in any way-- (1) because that person-- (A) has commenced or caused to be commenced, or is about to commence; (B) has testified or is about to testify at; or (C) has assisted or participated in, or is about to assist or participate in any manner in, a proceeding or any other action to enhance public transportation security; or (2) because that person has refused to violate or assist in the violation of any law, rule, or regulation related to public transportation security. (b) Application of Sarbanes-Oxley Act of 2002 Amendments.-- (1) Civil action to protect against retaliation in fraud cases.--Section 1514A of title 18, United States Code, shall apply to subsection (a) of this section as if-- (A) an act or refusal to act described in subsection (a) were described in such section 1514A; and (B) a violation of subsection (a) were a violation of such section 1514A(a). (2) Retaliating against a witness, victim, or informant.-- Section 1513(e) of title 18, United States Code, shall apply to a violation of subsection (a) of this section as if the violation of subsection (a) were a violation of such section 1513. SEC. 10. DEFINITION. For the purposes of this Act-- (1) the term ``public transportation employees'' means security personnel, dispatchers, vehicle and vessel operators, other onboard employees, maintenance and support personnel, and other appropriate employees of owners, operators, and providers of public transportation systems; and (2) the term ``public transportation systems'' means passenger, commuter, and light rail, including Amtrak and subways, buses, commuter ferries, and other modes of public transit.

Safe Transit and Rail Awareness and Investments for National Security Act of 2004 (Safe TRAINS Act) - Authorizes the Secretary of Homeland Security to make grants to improve the security of public transportation systems (including passenger, commuter, and light rail) against acts of terrorism. Sets forth grant uses and requirements. Directs grant recipients to submit to the Secretary their emergency response plan as well as a plan for conducting exercises for emergency response and public transportation employee training pursuant to guidelines published by the Secretary. Directs the Secretary to: (1) develop and disseminate to appropriate owners, operators, and providers of public transportation systems (including public transportation employees), and Federal, State, and local officials, a report containing best practices for the security of public transportation systems; (2) develop a national plan for public outreach and awareness of measures the public can take to increase public transportation system security; (3) develop a strategic plan for the security of the Nation's public transportation systems; (4) execute in conjunction with the Secretary of Transportation, a Memorandum of Agreement governing the responsibilities of the Department of Homeland Security and the Department of Transportation, respectively, in addressing security matters for public transportation systems; and (5) establish National Transportation Security Centers at institutions of higher education to assist in carrying out this Act, to conduct research and education, and to develop or provide professional training of public transportation employees. Sets forth certain whistleblower protections for employees or other persons who have commenced, testified at, or participated in, a proceeding to enhance public transportation security, or who have refused to violate or assist in the violation of any regulation related to public transportation security.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety Act of 2012'' or the ``SAFE DOSES Act''. SEC. 2. THEFT OF MEDICAL PRODUCTS. (a) Prohibited Conduct and Penalties.--Chapter 31 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 670. Theft of medical products ``(a) Prohibited Conduct.--Whoever, in, or using any means or facility of, interstate or foreign commerce-- ``(1) embezzles, steals, or by fraud or deception obtains, or knowingly and unlawfully takes, carries away, or conceals a pre- retail medical product; ``(2) knowingly and falsely makes, alters, forges, or counterfeits the labeling or documentation (including documentation relating to origination or shipping) of a pre-retail medical product; ``(3) knowingly possesses, transports, or traffics in a pre- retail medical product that was involved in a violation of paragraph (1) or (2); ``(4) with intent to defraud, buys, or otherwise obtains, a pre-retail medical product that has expired or been stolen; ``(5) with intent to defraud, sells, or distributes, a pre- retail medical product that is expired or stolen; or ``(6) attempts or conspires to violate any of paragraphs (1) through (5); shall be punished as provided in subsection (c) and subject to the other sanctions provided in this section. ``(b) Aggravated Offenses.--An offense under this section is an aggravated offense if-- ``(1) the defendant is employed by, or is an agent of, an organization in the supply chain for the pre-retail medical product; or ``(2) the violation-- ``(A) involves the use of violence, force, or a threat of violence or force; ``(B) involves the use of a deadly weapon; ``(C) results in serious bodily injury or death, including serious bodily injury or death resulting from the use of the medical product involved; or ``(D) is subsequent to a prior conviction for an offense under this section. ``(c) Criminal Penalties.--Whoever violates subsection (a)-- ``(1) if the offense is an aggravated offense under subsection (b)(2)(C), shall be fined under this title or imprisoned not more than 30 years, or both; ``(2) if the value of the medical products involved in the offense is $5,000 or greater, shall be fined under this title, imprisoned for not more than 15 years, or both, but if the offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 20 years; and ``(3) in any other case, shall be fined under this title, imprisoned for not more than 3 years, or both, but if the offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 5 years. ``(d) Civil Penalties.--Whoever violates subsection (a) is subject to a civil penalty in an amount not more than the greater of-- ``(1) three times the economic loss attributable to the violation; or ``(2) $1,000,000. ``(e) Definitions.--In this section-- ``(1) the term `pre-retail medical product' means a medical product that has not yet been made available for retail purchase by a consumer; ``(2) the term `medical product' means a drug, biological product, device, medical food, or infant formula; ``(3) the terms `device', `drug', `infant formula', and `labeling' have, respectively, the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act; ``(4) the term `biological product' has the meaning given the term in section 351 of the Public Health Service Act; ``(5) the term `medical food' has the meaning given the term in section 5(b) of the Orphan Drug Act; and ``(6) the term `supply chain' includes manufacturer, wholesaler, repacker, own-labeled distributor, private-label distributor, jobber, broker, drug trader, transportation company, hospital, pharmacy, or security company.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 31 of title 18, United States Code, is amended by adding after the item relating to section 669 the following: ``670. Theft of medical products.''. SEC. 3. CIVIL FORFEITURE. Section 981(a)(1)(C) of title 18, United States Code, is amended by inserting ``670,'' after ``657,''. SEC. 4. PENALTIES FOR THEFT-RELATED OFFENSES. (a) Interstate or Foreign Shipments by Carrier.--Section 659 of title 18, United States Code, is amended by adding at the end of the fifth undesignated paragraph the following: ``If the offense involves a pre-retail medical product (as defined in section 670), it shall be punished under section 670 unless the penalties provided for under this section are greater.''. (b) Racketeering.-- (1) Travel act violations.--Section 1952 of title 18, United States Code, is amended by adding at the end the following: ``(d) If the offense under this section involves an act described in paragraph (1) or (3) of subsection (a) and also involves a pre- retail medical product (as defined in section 670), the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under subsection (a) is greater.''. (2) Money laundering.--Section 1957(b)(1) of title 18, United States Code, is amended by adding at the end the following: ``If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this subsection is greater.''. (c) Breaking or Entering Carrier Facilities.--Section 2117 of title 18, United States Code, is amended by adding at the end of the first undesignated paragraph the following: ``If the offense involves a pre- retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.''. (d) Stolen Property.-- (1) Transportation of stolen goods and related offenses.-- Section 2314 of title 18, United States Code, is amended by adding at the end of the sixth undesignated paragraph the following: ``If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.''. (2) Sale or receipt of stolen goods and related offenses.-- Section 2315 of title 18, United States Code, is amended by adding at the end of the fourth undesignated paragraph the following: ``If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.''. (e) Priority Given to Certain Investigations and Prosecutions.--The Attorney General shall give increased priority to efforts to investigate and prosecute offenses under section 670 of title 18, United States Code, that involve pre-retail medical products. SEC. 5. AMENDMENT TO EXTEND WIRETAPPING AUTHORITY TO NEW OFFENSE. Section 2516(1) of title 18, United States Code, is amended-- (1) by redesignating paragraph (s) as paragraph (t); (2) by striking ``or'' at the end of paragraph (r); and (3) by inserting after paragraph (r) the following: ``(s) any violation of section 670 (relating to theft of medical products); or''. SEC. 6. REQUIRED RESTITUTION. Section 3663A(c)(1)(A) of title 18, United States Code, is amended-- (1) in clause (ii), by striking ``or'' at the end; (2) in clause (iii), by striking ``and'' at the end and inserting ``or''; and (3) by adding at the end the following: ``(iv) an offense under section 670 (relating to theft of medical products); and''. SEC. 7. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION. (a) In General.--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, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 670 of title 18, United States Code, as added by this Act, section 2118 of title 18, United States Code, or any another section of title 18, United States Code, amended by this Act, to reflect the intent of Congress that penalties for such offenses be sufficient to deter and punish such offenses, and appropriately account for the actual harm to the public from these offenses. (b) Requirements.--In carrying out this section, the United States Sentencing Commission shall-- (1) consider the extent to which the Federal sentencing guidelines and policy statements appropriately reflect-- (A) the serious nature of such offenses; (B) the incidence of such offenses; and (C) the need for an effective deterrent and appropriate punishment to prevent such offenses; (2) consider establishing a minimum offense level under the Federal sentencing guidelines and policy statements for offenses covered by this Act; (3) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (4) ensure reasonable consistency with other relevant directives, Federal sentencing guidelines and policy statements; (5) make any necessary conforming changes to the Federal sentencing guidelines and policy statements; and (6) ensure that the Federal sentencing guidelines and policy statements adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety Act of 2012 or the SAFE DOSES Act - Amends the federal criminal code to prohibit, in or using any means or facility of interstate or foreign commerce: (1) embezzling, stealing, obtaining by fraud or deception, or knowingly and unlawfully taking, carrying away, or concealing a medical product that has not yet been made available for retail purchase by a consumer (pre-retail medical product); (2) knowingly and falsely making, altering, forging, or counterfeiting the labeling or documentation of such a product; (3) knowingly possessing, transporting, or trafficking in a product involved in such a violation; (4) buying or otherwise obtaining, or selling or distributing, with intent to defraud, such a product that has expired or been stolen; or (5) attempting or conspiring to commit such a violation. Makes such a violation an aggravated offense if: (1) the defendant is employed by, or is an agent of, an organization in the supply chain for the product; or (2) the violation involves the use of violence, force, a threat of violence or force, or the use of a deadly weapon, results in serious bodily injury or death, or is subsequent to a prior conviction for an offense under this Act. Prescribes criminal and civil penalties for violations, including a civil penalty of up to the greater of 3 times the economic loss attributable to the violation or $1 million. Provides for civil forfeiture for any property which constitutes or is derived from proceeds traceable to such a violation. Requires the penalties under this Act to apply for the following offenses involving a pre-retail medical product: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; (2) engaging in monetary transactions in property derived from specified unlawful activity; (3) breaking into or entering carrier facilities with intent to commit larceny; and (4) the transportation, sale, or receipt of stolen property. Directs the Attorney General to give increased priority to efforts to investigate and prosecute offenses involving pre-retail medical products. Extends provisions authorizing wiretapping and requiring victim restitution to offenses relating to theft of a pre-retail medical product. Directs the U.S. Sentencing Commission to review and, if appropriate, amend the sentencing guidelines and policy statements applicable to offenses related to pre-retail medical product theft or robberies and burglaries involving controlled substances to reflect congressional intent that penalties are sufficient to deter and punish such offenses and to appropriately account for actual harm to the public.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowerment Zone Enhancement Act of 1998''. SEC. 2. FUNDING ENTITLEMENT FOR ADDITIONAL ENTERPRISE ZONES. (a) Entitlement.--Section 2007(a)(1) of the Social Security Act (42 U.S.C. 1397f(a)) is amended-- (1) in subparagraph (A), by striking ``in the State; and'' and inserting ``in the State designated pursuant to section 1391(b) of the Internal Revenue Code of 1986;''; (2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (3) by adding after subparagraph (B) the following new subparagraph: ``(C) 10 grants under this section for each qualified empowerment zone in the State designated pursuant to section 1391(g) of such Code.''. (b) Amount of Grants.--Section 2007(a)(2) of that Act (42 U.S.C. 1397f(a)(2)) is amended-- (1) in the heading of subparagraph (A), by inserting ``original'' before ``empowerment''; (2) in subparagraph (A), in the matter preceding clause (i), by inserting ``described in paragraph (1)(A)'' after ``empowerment zone''; (3) by redesignating subparagraph (C) as subparagraph (D); and (4) by inserting after subparagraph (B) the following new subparagraph: ``(C) Additional empowerment grants.--The amount of each grant to a State under this section for a qualified empowerment zone described in paragraph (1)(C) shall be-- ``(i) if the zone is designated in an urban area, $10,000,000, or ``(ii) if the zone is designated in a rural area, $4,000,000, multiplied by the proportion of the population of the zone that resides in the State.''. (c) Timing of Grants.--Section 2007(a)(3) of that Act (42 U.S.C. 1397f(a)(3)) is amended-- (1) in the heading of subparagraph (A), by inserting ``original'' before ``qualified''; (2) in subparagraph (A), in the matter preceding clause (i), by inserting ``described in paragraph (1)(A)'' after ``empowerment zone''; and (3) by adding after subparagraph (B) the following new subparagraph: ``(C) Additional qualified empowerment zones.--With respect to each qualified empowerment zone described in paragraph (1)(C), the Secretary shall make-- ``(i) 1 grant under this subsection to the State in which the zone lies, on the date of the designation of the zone under such part I; and ``(ii) 1 grant under this subsection to such State, on the first day of each of the nine fiscal years that begin after the date of the designation.''. (d) Funding.--Section 2007(a)(4) of that Act (42 U.S.C. 1397f(a)(4)) is amended-- (1) by relocating and redesignating the matter following the caption as subparagraph (A); (2) by inserting ``Original grants.--'' after the subparagraph designation ``(A)''; (3) in subparagraph (A), as so redesignated, by inserting before the period ``for empowerment zones and enterprise communities described in subparagraphs (A) and (B) of paragraph (1)''; and (4) by adding after subparagraph (A), as so redesignated, the following new subparagraph: ``(B) Additional grants.--$1,700,000,000 shall be made available to the Secretary for grants under this section for empowerment zones described in paragraph (1)(C).''. SEC. 3. RESPONSIBILITY FOR ENVIRONMENTAL REVIEW. Section 2007 of the Social Security Act (42 U.S.C. 1397f) is amended-- (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new subsection: ``(f) Environmental Review.-- ``(1) Execution of responsibility by the secretary of housing and urban development and the secretary of agriculture.-- ``(A) Applicability.--This subsection shall apply to grants under this section in connection with empowerment zones and enterprise communities designated under section 1391(a) of the Internal Revenue Code of 1986 and empowerment zones designated under section 1391(g) of such Code-- ``(i) by the Secretary of Housing and Urban Development in the case of those located in urban areas; and ``(ii) by the Secretary of Agriculture in the case of those located in rural areas. ``(B) Execution of responsibility.--With respect to grants described in subparagraph (A), the Secretary of Housing and Urban Development and the Secretary of Agriculture, as appropriate, shall execute the responsibilities under the National Environmental Policy Act of 1969 and other provisions of law which further the purposes of such Act (as specified in regulations issued by each such Secretary under paragraph (2)(B)) that would otherwise apply to the Secretary of Health and Human Services, and may provide for the assumption of such responsibilities in accordance with paragraphs (2) through (5). ``(C) Definition of secretary.--Except as used in subparagraphs (A) and (B), the term `Secretary' as used in this subsection means the Secretary of Housing and Urban Development for purposes of grants under this section with respect to urban areas and means the Secretary of Agriculture for purposes of grants under this section with respect to rural areas. ``(2) Assumption of responsibility by states, units of general local government, and indian tribes.-- ``(A) Release of funds.--In order to assure that the policies of the National Environmental Policy Act of 1969 and other provisions of law that further the purposes of such Act (as specified in regulations issued by the Secretary under paragraph (2)(B)) are most effectively implemented in connection with the expenditure of funds under this section, and to assure to the public undiminished protection of the environment, the Secretary may, under such regulations, in lieu of the environmental protection procedures otherwise applicable, provide for the release of funds for particular projects to recipients of assistance under this section if the State, unit of general local government, or Indian tribe, as designated by the Secretary in accordance with regulations issued by the Secretary under paragraph (2)(B), assumes all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act, and such other provisions of law as the regulations of the Secretary specify, that would otherwise apply to the Secretary were the Secretary to undertake such projects as Federal projects. ``(B) Implementation.--The Secretary of Housing and Urban Development and the Secretary of Agriculture shall each issue regulations to carry out this subsection only after consultation with the Council on Environmental Quality. Such regulations shall-- ``(i) specify any other provisions of law which further the purposes of the National Environmental Policy Act of 1969 and to which the assumption of responsibility as provided in this subsection applies; ``(ii) provide eligibility criteria and procedures for the designation of a State, unit of general local government, or Indian tribe to assume all of the responsibilities in this section; ``(iii) specify the purposes for which funds may be committed without regard to the procedure established under paragraph (3); ``(iv) provide for monitoring of the performance of environmental reviews under this subsection; ``(v) in the discretion of the Secretary, provide for the provision or facilitation of training for such performance; and ``(vi) subject to the discretion of the Secretary, provide for suspension or termination by the Secretary of the assumption under subparagraph (A). ``(C) Responsibilities of state, unit of general local government, or indian tribe.--The Secretary's duty under subparagraph (B) shall not be construed to limit any responsibility assumed by a State, unit of general local government, or Indian tribe with respect to any particular release of funds under subparagraph (A). ``(3) Procedure.--The Secretary shall approve the release of funds for projects subject to the procedures authorized by this subsection only if, not less than 15 days prior to such approval and prior to any commitment of funds to such projects (except for such purposes specified in the regulations issued under paragraph (2)(B)), the recipient submits to the Secretary a request for such release accompanied by a certification of the State, unit of general local government, or Indian tribe which meets the requirements of paragraph (4). The approval by the Secretary of any such certification shall be deemed to satisfy the Secretary's responsibilities pursuant to paragraph (1) under the National Environmental Policy Act of 1969 and such other provisions of law as the regulations of the Secretary specify insofar as those responsibilities relate to the release of funds for projects to be carried out pursuant thereto which are covered by such certification. ``(4) Certification.--A certification under the procedures authorized by this subsection shall-- ``(A) be in a form acceptable to the Secretary; ``(B) be executed by the chief executive officer or other officer of the State, unit of general local government, or Indian tribe who qualifies under regulations of the Secretary; ``(C) specify that the State, unit of general local government, or Indian tribe under this subsection has fully carried out its responsibilities as described under paragraph (2); and ``(D) specify that the certifying officer-- ``(i) consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 and each provision of law specified in regulations issued by the Secretary insofar as the provisions of such Act or other such provision of law apply pursuant to paragraph (2); and ``(ii) is authorized and consents on behalf of the State, unit of general local government, or Indian tribe and himself or herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of the responsibilities as such an official. ``(5) Approval by states.--In cases in which a unit of general local government carries out the responsibilities described in paragraph (2), the Secretary may permit the State to perform those actions of the Secretary described in paragraph (3). The performance of such actions by the State, where permitted, shall be deemed to satisfy the responsibilities referred to in the second sentence of paragraph (3).''. SEC. 4. PERFORMANCE MEASUREMENT AND EVALUATION; GRANT ADJUSTMENTS. Section 2007 of the Social Security Act (42 U.S.C. 1397f), as amended by section 4, is further amended by adding after subsection (f) the following new subsection: ``(g) Performance Measurement System, Reports, and Evaluations, Grant Adjustments, and Related Matters.-- ``(1) Applicability.--The requirements of this subsection-- ``(A) apply to all grants made by a State, from grants to the State under subsection (a)(2)(C), to lead implementing entities (as defined in paragraph (7)) for empowerment zones designated pursuant to section 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C. 1391(g)); and ``(B) are in addition to the annual report and biennial audit requirements applicable to States under section 2006. ``(2) Performance measurement system.--The lead implementing entity for an empowerment zone shall establish a performance measurement system acceptable to the Secretary to assist in assessing the extent to which its strategic plan is being implemented and funds made available under subsection (a)(2)(C) are being used effectively. ``(3) Performance report.--Each lead implementing entity shall submit to the Secretary (and make available to the public upon request), at such time and in such manner as the Secretary shall prescribe, a report including an assessment of the progress the empowerment zone has made toward implementing its strategic plan, and such other information as the Secretary shall prescribe. To the extent practicable, the report shall also include information available to the lead implementing entity with respect to the use of tax incentives available to empowerment zones designated pursuant to section 1391(g) of the Internal Revenue Code of 1986. ``(4) Performance evaluations, adjustments, and recordkeeping.-- ``(A) Performance evaluations.--The Secretary shall regularly evaluate the progress of the lead implementing entity for the empowerment zone in implementing the strategic plan for the zone, on the basis of performance reviews and any other information that the Secretary may require. ``(B) Adjustments.--On the basis of the Secretary's evaluation under subparagraph (A), the Secretary may direct the Secretary of Health and Human Services to adjust, reduce, or cancel the grant to a State under subsection (a)(2)(C) for the current or any future fiscal year or years, except that amounts already properly expended by a lead implementing entity on eligible activities under this Act shall not be recaptured or deducted from future grants to the State. ``(5) Retention of records.--Each lead implementing entity shall keep such records relating to funds received from grants to the State under subsection (a)(2)(C), including the amounts and disposition of such funds and the types of activities funded, as the Secretary determines to be necessary to enable the Secretary to evaluate the performance of the lead implementing agency and to determine compliance with the requirements of this subsection. ``(6) Secretary's access to documents.--The Secretary shall have access, for the purpose of evaluations and examinations pursuant to paragraph (4)(A), to any books, documents, papers, and records of any grantee or other entity or person that are pertinent to grant amounts received in connection with this section. ``(7) Definitions.--For purposes of this subsection-- ``(A) The term `lead implementing entity' means the local government or governments, the governance body of an empowerment zone as specified in the strategic plan, or any non-profit entity that is principal administrator of an empowerment zone. ``(B) The term `Secretary' means the Secretary of Housing and Urban Development for purposes of grants under this section with respect to urban areas and means the Secretary of Agriculture for purposes of grants under this section with respect to rural areas, except as the context otherwise indicates.''. SEC. 5. TECHNICAL AMENDMENTS. Section 2007(b) of the Social Security act is amended-- (1) in paragraph (2), in the matter preceding subparagraph (A), by striking ``to prevent''; and (2) in paragraph (4), in the matter preceding subparagraph (A), by striking ``maintain'' and inserting ``maintaining''.

Empowerment Zone Enhancement Act of 1998 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act with respect to additional grants to: (1) provide for grant funding for additional empowerment zones; (2) set the amount of such grants for zones in urban ($10 million) and rural ($4 million) areas, as well as the timing of such grants (ten years of one-year grants); (3) provide funding for such grants; (4) require environmental review by the Secretary of Housing and Urban Development (urban areas) and the Secretary of Agriculture (rural areas); and (5) require the lead implementing entity for an empowerment zone to establish a performance measurement system.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Informed P2P User Act''. SEC. 2. CONDUCT PROHIBITED. (a) Notice and Consent Required for File-sharing Software.-- (1) Notice and consent required prior to installation.--It is unlawful for any covered entity to install on a protected computer or offer or make available for installation or download on a protected computer a covered file-sharing program unless such program-- (A) immediately prior to the installation or downloading of such program-- (i) provides clear and conspicuous notice that such program allows files on the protected computer to be made available for searching by and copying to one or more other computers; and (ii) obtains the informed consent to the installation of such program from an owner or authorized user of the protected computer; and (B) immediately prior to initial activation of a file-sharing function of such program-- (i) provides clear and conspicuous notice of which files on the protected computer are to be made available for searching by and copying to another computer; and (ii) obtains the informed consent from an owner or authorized user of the protected computer for such files to be made available for searching and copying to another computer. (2) Non-application to pre-installed software.--Nothing in paragraph (1)(A) shall apply to the installation of a covered file-sharing program on a computer prior to the first sale of such computer to an end user, provided that notice is provided to the end user who first purchases the computer that such a program has been installed on the computer. (3) Non-application to software upgrades.--Once the notice and consent requirements of paragraphs (1)(A) and (1)(B) have been satisfied with respect to the installation or initial activation of a covered file-sharing program on a protected computer after the effective date of this Act, the notice and consent requirements of paragraphs (1)(A) and (1)(B) do not apply to the installation or initial activation of software modifications or upgrades to a covered file-sharing program installed on that protected computer at the time of the software modifications or upgrades so long as those software modifications or upgrades do not-- (A) make files on the protected computer available for searching by and copying to one or more other computers that were not already made available by the covered file-sharing program for searching by and copying to one or more other computers; or (B) add to the types or locations of files that can be made available by the covered file-sharing program for searching by and copying to one or more other computers. (b) Preventing the Disabling or Removal of Certain Software.--It is unlawful for any covered entity-- (1) to prevent the reasonable efforts of an owner or authorized user of a protected computer from blocking the installation of a covered file-sharing program or file-sharing function thereof; or (2) to prevent an owner or authorized user of a protected computer from having a reasonable means to either-- (A) disable from the protected computer any covered file-sharing program; or (B) remove from the protected computer any covered file-sharing program that the covered entity caused to be installed on that computer or induced another individual to install. SEC. 3. ENFORCEMENT. (a) Unfair and Deceptive Acts and Practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Federal Trade Commission Enforcement.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (c) Preservation of Federal and State Authority.--Nothing in this Act shall be construed to limit or supersede any other Federal or State law. SEC. 4. DEFINITIONS. As used in this Act-- (1) the term ``commercial entity'' means an entity engaged in acts or practices in or affecting commerce, as such term is defined in section 4 of the Federal Trade Commission Act (15 U.S.C. 44); (2) the term ``covered entity'' means-- (A) a commercial entity that develops a covered file-sharing program; and (B) a commercial entity that disseminates or distributes a covered file-sharing program and is owned or operated by the commercial entity that developed the covered file-sharing program; (3) the term ``protected computer'' has the meaning given such term in section 1030(e)(2) of title 18, United States Code; and (4) the term ``covered file-sharing program''-- (A) means a program, application, or software that is commercially marketed or distributed to the public and that enables-- (i) a file or files on the protected computer on which such program is installed to be designated as available for searching by and copying to one or more other computers owned by another person; (ii) the searching of files on the protected computer on which such program is installed and the copying of any such file to a computer owned by another person-- (I) at the initiative of such other computer and without requiring any action by an owner or authorized user of the protected computer on which such program is installed; and (II) without requiring an owner or authorized user of the protected computer on which such program is installed to have selected or designated a computer owned by another person as the recipient of any such file; and (iii) the protected computer on which such program is installed to search files on one or more other computers owned by another person using the same or a compatible program, application, or software, and to copy files from the other computer to such protected computer; and (B) does not include a program, application, or software designed primarily to-- (i) operate as a server that is accessible over the Internet using the Internet Domain Name system; (ii) transmit or receive email messages, instant messaging, real-time audio or video communications, or real-time voice communications; or (iii) provide network or computer security, network management, hosting and backup services, maintenance, diagnostics, technical support or repair, or to detect or prevent fraudulent activities; and (5) the term ``initial activation of a file-sharing function'' means-- (A) the first time the file sharing function of a covered file-sharing program is activated on a protected computer; and (B) does not include subsequent uses of the program on that protected computer. SEC. 5. RULEMAKING. The Federal Trade Commission may promulgate regulations under section 553 of title 5, United States Code to accomplish the purposes of this Act. In promulgating rules under this Act, the Federal Trade Commission shall not require the deployment or use of any specific products or technologies. SEC. 6. NONAPPLICATION TO GOVERNMENT. The prohibition in section 2 of this Act shall not apply to the Federal Government or any instrumentality of the Federal Government, nor to any State government or government of a subdivision of a State. Passed the House of Representatives December 8, 2009. Attest: LORRAINE C. MILLER, Clerk.

Informed P2P User Act - (Sec. 2) Makes it unlawful for any commercial entity that developed a file sharing program or distributed such a program (if the distributor is owned by the developing entity) to install, make available for installation, or download a file sharing program without: (1) immediately before program installation or downloading, providing conspicuous notice that the program allows files to be searched and copied by one or more other computers and obtaining informed consent to the installation from an owner; and (2) immediately before initial activation of a file sharing function of the program, providing conspicuous notice of which files will be made available and obtaining the owner's informed consent. Exempts: (1) modifications or upgrades of a program that was originally installed in compliance with this Act, provided certain requirements are met; and (2) pre-installed software. Makes it unlawful for such an entity to prevent the reasonable efforts of an owner or authorized user to block the installation of such a program or to prevent such a user from having a reasonable way to disable or remove the program. (Sec. 3) Treats a violation of this Act as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act. Prohibits construing this Act to limit or supersede any other federal or state law. (Sec. 4) Defines "protected computer" to include a computer used by a financial institution or the federal government or which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a way that affects U.S. interstate or foreign commerce. (Sec. 6) Makes this Act inapplicable to the federal or any state government or subdivision.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovation Protection Act''. SEC. 2. PATENT AND TRADEMARK OFFICE FUNDING. (a) Definitions.--In this section: (1) Director.--The term ``Director'' means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (2) Fund.--The term ``Fund'' means the United States Patent and Trademark Office Public Enterprise Revolving fund established under subsection (c). (3) Office.--The term ``Office'' means the United States Patent and Trademark Office. (4) Trademark act of 1946.--The term ``Trademark Act of 1946'' means the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly referred to as the ``Trademark Act of 1946'' or the ``Lanham Act''). (b) Funding.-- (1) In general.--Section 42 of title 35, United States Code, is amended-- (A) in subsection (b), by striking ``Patent and Trademark Office Appropriation Account'' and inserting ``United States Patent and Trademark Office Public Enterprise Fund''; and (B) in subsection (c)-- (i) in paragraph (1)-- (I) in the first sentence, by striking ``To the extent'' and all that follows through ``fees'' and inserting ``Fees''; and (II) by striking ``shall be collected by and shall, subject to paragraph (3), be available to the Director'' and inserting ``shall be collected by, and shall be available to, the Director until expended''; and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (2) Effective date.--The amendments made by paragraph (1) shall take effect on the first day of the first fiscal year that begins on or after the date of the enactment of this Act. (c) USPTO Revolving Fund.-- (1) Establishment.--There is established in the Treasury of the United States a revolving fund to be known as the ``United States Patent and Trademark Office Public Enterprise Fund''. Any amounts in the Fund shall be available for use by the Director without fiscal year limitation. (2) Derivation of resources.-- (A) In general.--There shall be deposited into the Fund on and after the effective date set forth in subsection (b)(2)-- (i) any fees collected under title 35, United States Code; and (ii) any fees collected under the Trademark Act of 1946 (15 U.S.C. 1051 et seq.). (B) Remaining balances.--There shall be deposited in the Fund, on the effective date set forth in subsection (b)(2), any unobligated balances remaining in the Patent and Trademark Office Appropriation Account, and in the Patent and Trademark Fee Reserve Fund established under section 42(b)(2) of title 31, United States Code, as in effect on the day before such effective date. Upon the payment of all obligated amounts in the Patent and Trademark Fee Reserve Fund, the Patent and Trademark Fee Reserve Fund shall be terminated. (3) Expenses.--Amounts deposited into the Fund under paragraph (2) shall be available, without fiscal year limitation, to cover-- (A) all expenses, to the extent consistent with the limitation on the use of fees set forth in section 42(c) of title 35, United States Code, including all administrative and operating expenses, determined in the discretion of the Director to be ordinary and reasonable, incurred by the Director for the continued operation of all services, programs, activities, and duties of the Office relating to patents and trademarks, as such services, programs, activities, and duties are described under-- (i) title 35, United States Code; and (ii) the Trademark Act of 1946; and (B) all expenses incurred pursuant to any obligation, representation, or other commitment of the Office. (d) Annual Report and Operation Plan.--Not later than 60 days after the end of each fiscal year, the Director shall submit to Congress a report that-- (1) summarizes the operations of the Office for the preceding fiscal year, including financial details and staff levels broken down by each major activity of the Office; (2) describes the long term modernization plans of the Office; (3) sets forth details of any progress towards such modernization plans made in the preceding fiscal year; and (4) includes the results of the most recent audit carried out under subsection (f). (e) Annual Spending Plan.-- (1) In general.--Not later than 30 days after the beginning of each fiscal year, the Director shall notify the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate of the plan for the obligation and expenditure by the Office of the total amount of the funds for that fiscal year in accordance with section 605 of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2334). (2) Contents.--Each plan under paragraph (1) shall-- (A) summarize the operations of the Office for the current fiscal year, including financial details and staff levels with respect to major activities; and (B) detail the operating plan of the Office, including specific expense and staff needs, for the current fiscal year. (f) Audit.--The Director shall, on an annual basis, provide for an independent audit of the financial statements of the Office. Such audit shall be conducted in accordance with generally accepted accounting principles. (g) Budget.--The Fund shall prepare and submit each year to the President a business-type budget in such manner, and before such date, as the President prescribes by regulation.

Innovation Protection Act - Establishes in the Treasury the United States Patent and Trademark Office Public Enterprise Fund (Public Enterprise Fund) to be used as a revolving fund by the Director of the U.S. Patent and Trademark Office (USPTO) without fiscal year limitation. Requires to be credited to or deposited in the Public Enterprise Fund: (1) appropriations for defraying the costs of USPTO activities; (2) fees collected under federal patent and trademark laws; and (3) any unobligated balances remaining in the Patent and Trademark Office Appropriation Account and in the Patent and Trademark Fee Reserve Fund. (Thus, replaces the Patent and Trademark Office Appropriation Account, eliminates the Patent and Trademark Fee Reserve Fund, and provides a source of permanent funding for the USPTO.) Requires fees collected by the Director to remain available to the Director until expended. Makes the Public Enterprise Fund available to cover: (1) ordinary and reasonable administrative, operating, and other expenses incurred by the Director for the continued operation of USPTO services, programs, activities, and duties relating to patents and trademarks; and (2) expenses incurred pursuant to obligations, representations, or other commitments of the USPTO. Requires the Director, on an annual basis, to: (1) report to Congress with operation and spending plans, including financial details and staff levels broken down by each major activity; (2) provide for an independent audit of USPTO financial statements; and (3) submit a budget to the President.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency in Reporting to Protect American Workers and Prevent Human Trafficking Act''. SEC. 2. DATA REPORTING ON NONIMMIGRANT EMPLOYEES. Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(8)) is amended to read as follows: ``(8)(A)(i)(I) The Secretary of Homeland Security annually shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate and timely upload to a public website a report (along with the corresponding raw data set) with respect to each of the subparagraphs of sections 101(a)(15) and 214(e) that permit employment in the United States under any circumstances, including cultural exchange, training, or business activities which result in receiving any form of compensation, including a stipend, from any source. ``(II) Each report under subclause (I) shall contain the following data regarding any nonimmigrant visa or any grant of nonimmigrant status: ``(aa) The number of aliens who were granted such a visa or status. ``(bb) The number of aliens who had such visas or statuses that were expired, revoked, or otherwise terminated during each month of the preceding fiscal year. ``(cc) Information on the countries of origin of (including local region or state if available), age, gender, and occupations of, educational levels attained by, and compensation paid to aliens issued such visa or status. ``(dd) The names and addresses of employers and the number of aliens authorized per category and subclass to work for each employer, including the country of origin, age, and gender of each alien authorized to work for each employer, the alien's primary work location, and secondary work location if one exists. ``(III) Each report under subclause (I) shall contain the following data regarding any nonimmigrant visa category or status (including extensions and transfers to another visa category or subclass, or request to switch to another employer) that requires approval from the Secretary of Homeland Security through a Petition for Nonimmigrant Worker, Form I-129 (or any successor form): ``(aa) The number of petitions filed. ``(bb) The number of petitions approved and the number of workers (by occupation) included in such approved petitions. ``(cc) The number of petitions denied and the number of workers (by occupation) requested in such denied petitions. ``(dd) The Standard Occupational Classification (SOC) code for each occupation in each approved petition. ``(ee) The number of petitions withdrawn. ``(ff) The number of petitions awaiting final action. ``(ii) The Secretary of Homeland Security annually shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate and timely upload to a public website a report (along with the corresponding raw data set) that contains the following: ``(I) A list of all employers who petition for visas under section 101(a)(15)(H)(i)(b). ``(II) The number of such petitions filed and approved for each such employer. ``(III) The Standard Occupational Classifications (SOC) for the approved positions. ``(IV) The number of nonimmigrants for whom each such employer files for adjustment to permanent resident status. ``(V) A list of all employers who are H-1B-dependent employers (as defined in section 212(n)(3)(A)). ``(VI) A list of all employers for whom more than 30 percent of their United States workforce are nonimmigrants described in subparagraph (H)(i)(b) or (L) of section 101(a)(15). ``(VII) A list of all employers for whom more than 50 percent of their United States workforce are nonimmigrants described in subparagraph (H)(i)(b) or (L) of section 101(a)(15). ``(VIII) A gender breakdown by occupation and by country of origin for the nonimmigrants described in section 101(a)(15)(H)(i)(b). ``(IX) A list of all employers who conduct outplacement of nonimmigrants described in section 101(a)(15)(H)(i)(b). ``(X) The number of nonimmigrants described in section 101(a)(15)(H)(i)(b) categorized by their highest level of education and major or primary field of study, and whether such education was obtained in the United States or in a foreign country. ``(iii) The Secretary of Homeland Security annually shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate and timely upload to a public website a report (along with the corresponding raw data set) that contains the following: ``(I) A list of all employers who have filed petitions with the Secretary of Homeland Security for nonimmigrants under section 101(a)(15)(L). ``(II) The number of such petitions filed and approved for each such employer, whether each petition was processed by the Department of Homeland Security or the Department of State as a blanket petition under paragraph (2)(A). ``(III) The Standard Occupational Classifications (SOC) code for each occupation in each approved positions. ``(IV) The amount of compensation paid to each beneficiary. ``(V) The number of nonimmigrants described in section 101(a)(15)(L) for whom each such employer files for adjustment to permanent resident status. ``(VI) A list of all employers for whom more than 30 percent of their United States workforce are nonimmigrants described in subparagraph (H)(i)(b) or (L) of section 101(a)(15). ``(VII) A list of all employers for whom more than 50 percent of their United States workforce are nonimmigrants described in subparagraph (H)(i)(b) or (L) of section 101(a)(15). ``(VIII)(aa) A list of all employers who have been authorized to file blanket petitions under paragraph (2)(A), including those who were identified by aliens applying for a visa under section 101(a)(15)(L) as the employer seeking to employ such aliens; and ``(bb) the number of such visa applications approved pursuant to each blanket petition. ``(IX) A gender breakdown by occupation and by country of origin for the nonimmigrants described in section 101(a)(15)(L). ``(X) list of all employers who conduct outplacement of nonimmigrants described in section 101(a)(15)(L). ``(XI) The number of nonimmigrants described in section 101(a)(15)(L) categorized by their highest level of education and major or primary field of study, and whether such education was obtained in the United States or in a foreign country. ``(XII) The number of petitions which have been authorized as blanket petitions under paragraph (2)(A). ``(iv) Reporting required by this subparagraph includes information gathered on petitions for nonimmigrant status or in any other manner, including consular processing, and computer systems managed by the Secretary of Homeland Security for tracking students and exchange visitors. ``(v) The information included in the reports under this subparagraph shall be disaggregated by nonimmigrant visa type and each subclass, if applicable as set forth in subparagraph (C). ``(vi) The annual reports required under this subparagraph shall be submitted not later than 3 months after the end of each fiscal year and shall contain data pertaining to the requested categories from the immediately preceding fiscal year. ``(B)(i) The Secretary of Homeland Security shall maintain an accurate count of the number of aliens subject to numerical limitations, if any, of the visa issued or nonimmigrant status provided, including under subsection (g)(1). ``(ii) The Secretary of Homeland Security shall notify, on a quarterly basis, the Committees on the Judiciary of the House of Representatives and the Senate of the numbers of aliens who during the preceding 3-month period were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b). ``(iii) The Secretary of Homeland Security shall notify, on a semiannual basis, the Committees on the Judiciary of the House of Representatives and the Senate of the number of aliens who during the preceding 1-year period were issued visas or otherwise provided nonimmigrant status under all annually capped visas enumerated in section 101(a)(15) or who had such a visa or such status revoked or otherwise terminated. ``(iv) Each notification under clause (i), and each submission under clause (ii), shall include the number of aliens who were issued visas or otherwise provided nonimmigrant status pursuant to petitions filed by institutions or organizations described in section 212(p)(1). ``(C) The Secretary of Homeland Security shall collect and report the required data described in subparagraphs (A) and (B) for nonimmigrant visas issued, or nonimmigrant status granted, under any subparagraph of section 101(a)(15) and disaggregate the data accordingly with respect to any particular subclass, or employment- authorized exchange or training program authorized under each subclass or otherwise specified in regulations or Federal agency guidance or directives, including-- ``(i) with respect to section 101(a)(15)(J), the specific program provisions enumerated in subpart B of part 62 of title 22, Code of Federal Regulations; ``(ii) with respect to section 101(a)(15)(B), the specific categories of business visitor activity enumerated in notes 9- 11 of section 41.31 of volume 9, U.S. Department of State Foreign Affairs Manual; and ``(iii) with respect to section 101(a)(15)(F), all persons granted employment authorization pursuant to the provisions enumerated in section 214.2(f)(10) of title 8, Code of Federal Regulations. ``(D) If the Secretary of Homeland Security determines that information maintained by either the Secretary of State or the Secretary of Labor is required to make a submission described in this paragraph, for example if any of the required information is gathered during consular processing or during the labor certification process, the Secretaries of State and Labor shall provide such information to the Secretary of Homeland Security upon request. ``(E) The Secretaries of Homeland Security, State, and Labor shall take such steps as are necessary to revise any applications, petition forms, and databases used for nonimmigrant visas or status under each subparagraph and corresponding subcategory or subclass of section 101(a)(15) which permit an alien beneficiary to work in the United States under any circumstances, including training or business activities which result in receiving any form of compensation, including a stipend, from any source, so as to ensure that sufficient information is collected to report the data as required under this paragraph.''.

Transparency in Reporting to Protect American Workers and Prevent Human Trafficking Act - Amends the Immigration and Nationality Act to revise and expand the data reporting requirements to cover all nonimmigrant employees. Requires that such information be available on a public website.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Direct Check for Education Act''. SEC. 2. FINDINGS. Congress finds that-- (1) education should be a national priority but must remain a local responsibility; (2) the Federal Government's regulations and involvement often creates barriers and obstacles to local creativity and reform; (3) parents, teachers, and local school districts must be allowed and empowered to set local education priorities; and (4) schools and education professionals must be accountable to the people and children served. SEC. 3. DEFINITIONS. In this Act: (1) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (3) 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 Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. SEC. 4. DIRECT AWARDS TO LOCAL EDUCATIONAL AGENCIES. (a) Direct Awards.--From amounts appropriated under subsection (b) and not used to carry out subsection (c), the Secretary shall make direct awards to local educational agencies in amounts determined under subsection (e) to enable the local educational agencies to support programs or activities, for kindergarten through grade 12 students, that the local educational agencies deem appropriate. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act $3,500,000,000 for each of the fiscal years 2000 and 2001, $4,000,000,000 for each of the fiscal years 2002 and 2003, and $5,000,000,000 for fiscal year 2004. (c) Multiyear Awards.--The Secretary shall use funds appropriated under subsection (b) for each fiscal year to continue to make payments to eligible recipients pursuant to any multiyear award made prior to the date of enactment of this Act under the provisions of law repealed under subsection (d). The payments shall be made for the duration of the multiyear award. (d) Repeals.--The following provisions of law are repealed: (1) The Goals 2000: Educate America Act (20 U.S.C. 5801 et seq.). (2) Section 307 of the Department of Education Appropriations Act, 1999. (3) Title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.). (4) Part B of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7331 et seq.). (5) Part A of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.). (6) The School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.). (e) Determination of Amount.-- (1) Per child amount.--The Secretary, using the information provided under subsection (f), shall determine a per child amount for a year by dividing the total amount appropriated under subsection (b) for the year, by the average daily attendance of kindergarten through grade 12 students in all States for the preceding year. (2) Local educational agency award.--The Secretary, using the information provided under subsection (f), shall determine the amount provided to each local educational agency under this section for a year by multiplying-- (A) the per child amount determined under paragraph (1) for the year; by (B) the average daily attendance of kindergarten through grade 12 students that are served by the local educational agency for the preceding year. (f) Census Determination.-- (1) In general.--Each local educational agency shall conduct a census to determine the average daily attendance of kindergarten through grade 12 students served by the local educational agency not later than December 1 of each year. (2) Submission.--Each local educational agency shall submit the number described in paragraph (1) to the Secretary not later than March 1 of each year. (g) Penalty.--If the Secretary determines that a local educational agency has knowingly submitted false information under subsection (f) for the purpose of gaining additional funds under this section, then the local educational agency shall be fined an amount equal to twice the difference between the amount the local educational agency received under this section, and the correct amount the local educational agency would have received under this section if the agency had submitted accurate information under subsection (f). (h) Disbursal.--The Secretary shall disburse the amount awarded to a local educational agency under this Act for a fiscal year not later than July 1 of each year. SEC. 5. AUDIT. (a) In General.--The Secretary may conduct audits of the expenditures of local educational agencies under this Act to ensure that the funds made available under this Act are used in accordance with this Act. (b) Sanctions and Penalties.--If the Secretary determines that the funds made available under section 4 were not used in accordance with section 4(a), the Secretary may use the enforcement provisions available to the Secretary under part D of the General Education Provisions Act (20 U.S.C. 1234 et seq.).

Direct Check for Education Act - Authorizes the Secretary of Education to make direct awards to local educational agencies (LEAs) to support programs or activities, that the LEA deems appropriate, for students in kindergarten through grade 12. Authorizes appropriations. Directs the Secretary to use funds under this Act to continue to make payments to eligible recipients pursuant to, and for the duration of, any multiyear award made prior to enactment of this Act. Repeals the Goals 2000: Educate America Act. Repeals certain provisions of the Department of Education Appropriations Act, 1999 which vested in the National Assessment Governing Board exclusive authority for developing voluntary national tests pursuant to a specified contract. Repeals the following programs under the Elementary and Secondary Education Act of 1965: (1) the Technology for Education program, including national programs, State and local programs for school technology resources, Star Schools, Ready-to-Learn Television, telecommunications demonstration project for mathematics, elementary mathematics and science equipment, and elementary and secondary school library media resources; (2) the State programs component of Innovative Education Program Strategies; and (3) the Fund for the Improvement of Education. Repeals the School-to-Work Opportunities Act of 1994. Directs the Secretary to determine a per-child amount to be awarded to each LEA. Authorizes the Secretary to conduct audits of LEA expenditures under this Act and to enforce certain sanctions and penalties if such funds are not used in accordance with this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency in Energy Production Act of 2016''. SEC. 2. ONLINE PUBLICATION OF CARBON EMISSIONS. (a) In General.--The Secretary of the Interior shall make available to the public through the Internet-- (1) information that describes for all covered operations-- (A) the aggregate amount of each fossil fuel, by type and by State, produced under Federal leases; and (B) for gas reported, the portion and source of such amount that was released by each of venting, flaring, and fugitive release; (2) information that accurately describes the estimated amounts of existing fossil fuel resources on Federal lands under lease for the production of fossil fuels, and of Federal lands that have potential for such leasing; and (3) information that describes the amount and sources of energy, in megawatts, produced from operating solar, wind, and geothermal projects on Federal lands under lease for the production of renewable energy. (b) Format.--Information made available under this section shall be presented in a format that-- (1) translates such amounts and portions into emissions of metric tons of greenhouse gases expressed in carbon dioxide equivalent using both the 20-year and 100-year Global Warming Potential-weighted emission values; (2) for energy produced from solar, wind, and geothermal projects, includes an estimate of the greenhouse gas emissions that would result from production of the same amount of energy from fossil fuel resources; and (3) allows-- (A) downloading in a machine readable format; and (B) accessing the information without payment of any fee or other charge. (c) Data Publication Frequency.--The data made available under this section shall be updated at least annually. SEC. 3. ACCURATE MEASUREMENT AND REPORTING OF METHANE EMISSIONS FROM FEDERAL LANDS. (a) In General.--Not later than one year after the date of the enactment of this Act, if the Secretary of the Interior determines that revisions or promulgation of rules are needed to implement section 2 with regard to methane emissions, the Secretary shall initiate a process under the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1711 et seq.), the Mineral Leasing Act (30 U.S.C. 181 et seq.), or other applicable law to promulgate regulations to require accurate measuring and reporting to the Secretary, by each holder of a lease for the production of fossil fuels on Federal land, of the actual amount of methane gas produced under such lease, including all such gas not sold by or on behalf of the lessee. (b) Reporting of Gases.--The rules shall include requirements for reporting by holders of leases, to the maximum extent possible, the amount and source of all vented, flared, and fugitive releases of gas resulting from the production of fossil fuels from Federal lands. SEC. 4. REPORT TO CONGRESS. Every 2 years, the Secretary shall submit a report to Congress that includes-- (1) efforts underway by the Department of the Interior to decrease greenhouse gas emissions from covered operations on Federal lands and waters; and (2) plans for future reductions in greenhouse gas emissions from covered operations on Federal lands and waters. SEC. 5. DEFINITIONS. In this Act: (1) Covered operations.--The term ``covered operations'' means all fossil fuel operations that are subject to the mineral leasing laws or title V of the Federal Land Policy and Management Act of 1976 (30 U.S.C. 1761 et seq.), regardless of size, including production, storage, gathering, processing, transportation, and handling operations. (2) Flaring.--The term ``flaring'' means the intentional and controlled burning of gas that occurs in the course of oil and gas or coal operations. (3) Fossil fuel.--The term ``fossil fuel'' means all natural fuels, including oil, natural gas, natural gas liquids, and coal. (4) Fugitive release.--The term ``fugitive release'' means the unintentional and uncontrolled release of gas into the atmosphere in the course of oil and gas or coal operations. (5) Global warming potential-weighted emission.--The term ``Global Warming Potential-weighted emission'' means the ratio of the time-integrated radiative forcing from the instantaneous release of 1 kilogram of a trace substance relative to that of 1 kilogram of carbon dioxide, measured in metric tons of carbon dioxide equivalent for each greenhouse gas according to the most recent, and any subsequent, decisions by the Intergovernmental Panel on Climate Change regarding global warming potentials. (6) Resources.--The term ``resources'' means oil, gas, and coal resources, both identified and inferred, that are both technically recoverable and economically recoverable using the range of past, and predicted future, commodity prices. (7) Venting.--The term ``venting'' means the intentional and controlled release of gas into the atmosphere in the course of oil and gas operations. (8) Produced and production.--The terms ``produced'' and ``production'' mean extracted, mined, withdrawn, sold, stored, released (including release by venting, flaring, or fugitive release), flared, used for beneficial purposes, or otherwise emitted during production.

Transparency in Energy Production Act of 2016 This bill requires the Department of the Interior to publicly disclose the amounts of fossil fuel production, including amounts of gas released (as by flaring), and renewable energy production on public lands. The data shall present amounts of greenhouse gas emissions using the 20- and 100-year Global Warming Potential-weighted emission values and, for renewable energy production, compare fossil fuel-generated emissions resulting from the same amount of energy. As determined necessary to implement this bill, Interior shall promulgate regulations regarding accurate measurement and reporting of methane emissions.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Connect with Veterans Act of 2014''. SEC. 2. VOLUNTARY NATIONAL DIRECTORY OF VETERANS. (a) Program Required.-- (1) In general.--The Secretary of Veterans Affairs, in coordination with the Secretary of Defense, shall establish a program to facilitate outreach to veterans by covered entities. (2) Covered entities.--For purposes of this section, a covered entity is any of the following: (A) The Department of Veterans Affairs. (B) The agency or department of a State that is the primary agency or department of the State for the administration of benefits and services for veterans in the State. (C) A political subdivision of a State. (D) An Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)). (3) National directory.--To carry out the program required by paragraph (1), the Secretary shall-- (A) establish a national directory of veterans as described in subsection (b); and (B) share information in the directory in accordance with subsection (c). (b) National Directory.-- (1) In general.--The Secretary of Veterans Affairs shall establish the national directory required by subsection (a)(3) using information received from the Secretary of Defense under subsection (d)(4). (2) Updates.--The Secretary of Veterans Affairs shall ensure that the national directory includes a mechanism by which a participating individual can update the information in the national directory that pertains to the participating individual. (3) Disenrollment.--The Secretary shall establish a mechanism by which a participating individual can indicate to the Secretary that the individual would no longer like to receive information from participating entities under the program. (4) Reenrollment.--The Secretary shall establish a mechanism for the inclusion of information in the national directory of individuals who were previously participating individuals but who had made an indication under paragraph (3) and subsequently indicate that they would like to receive information from participating entities under the program. (5) Privacy and security.--The Secretary shall take such actions as the Secretary considers appropriate to protect-- (A) the privacy of individuals participating in the program; and (B) the security of the information stored in the national directory. (6) Ebenefits.--The Secretary of Veterans Affairs may use the system and architecture of the eBenefits Internet website of the Department of Veterans Affairs to support and operate the national directory as the Secretary considers appropriate. (c) Outreach.-- (1) Sharing of directory information.-- (A) In general.--Except as provided in paragraph (2), in order to connect participating individuals with information about the programs they could be eligible for or services, support, and information they may be interested in receiving, the Secretary of Veterans Affairs may share, under the program established under subsection (a)(1), information in the national directory concerning such individuals with entities applicable to participating individuals. (B) Entities applicable to participating individuals.--For purposes of this subsection, an entity that is applicable to a participating individual is a covered entity from whom a participating individual has expressed interest in receiving information under the program. (C) Updated information.--In a case in which a participating individual updates the information pertaining to the participating individual under subsection (b)(2), the Secretary shall transmit such information to each entity applicable to the participating individual. (D) Notification of disenrollment.--In a case in which a participating individual indicates to the Secretary under subsection (b)(3) that the individual would no longer like to receive information from participating entities under the program, the Secretary shall inform each entity applicable to the participating individual that the individual would no longer like to receive information from the entity under the program. (2) Limitations.-- (A) Limitations on the secretary.-- (i) Information shared.--Under the program, the Secretary of Veterans Affairs may only share from the national directory the following: (I) The name of a participating individual. (II) The e-mail address of a participating individual. (III) The postal address of a participating individual. (IV) The phone number of a participating individual. (ii) Prohibition on sale of information.-- The Secretary may not sell any information collected under this section. (iii) Entities.--The Secretary may not share any information collected under the program with any entity that is not a participating entity. (B) Limitations on participating entities.-- (i) Sharing with third-party and for-profit entities.--As a condition of participation in the program, a participating entity shall agree not to share any information the participating entity receives under the program with any third-party or for-profit entities. (ii) Purchases of products or services.--As a condition of participation in the program, a participating entity shall agree not to include in any information sent by the participating entity to a participating individual a requirement that the participating individual or the family of the participating individual purchase a product or service. (iii) Political communication.--As a condition of participation in the program, a participating entity shall agree not to use any information received under the program for any political communication. (3) Disenrollment by participating entities.--The Secretary shall establish a mechanism by which a participating entity may indicate to the Secretary that the participating entity would no longer like to receive information about participating individuals from the national directory. (4) Sense of congress.-- (A) Consolidation of requests.--It is the sense of Congress that covered entities described in subsection (a)(2)(C) who are located in the same region should work together in a manner such that only one of them requests receipt of information under the program. (B) Collaboration.--It is the sense of Congress that covered entities described in subsection (a)(2)(C) should work with third parties, such as veterans service organizations, military community groups, and other entities with an interest in assisting veterans, to develop the information the covered entities send to participating individuals under the program. (5) Publicity.--The Secretary shall develop a plan to publicize the program and inform covered entities of the benefits of participating in the program. (d) Collection of Contact Information.-- (1) In general.--To each member of the Armed Forces separating from service in the Armed Forces, the Secretary of Defense shall provide a form for the collection of information to be included in the national directory established under subsection (a). (2) Form.-- (A) Development.--The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, develop the form provided under paragraph (1). (B) Elements.--The form developed under subparagraph (A) shall allow a member of the Armed Forces who is in the process of separating from service in the Armed Forces to indicate the following: (i) Where the member intends to reside after separation. (ii) How the individual can best be contacted, such as a telephone number, an e- mail address, or a postal address. (iii) For which types of benefits and services the member would like to receive communication and outreach, such as health care, education, employment, and housing. (iv) From which of the following the member would like to receive the communication and outreach specified under clause (iii): (I) The Department of Veterans Affairs. (II) The agency or department of the State in which the member intends to reside after separation that is the primary agency or department of the State for the administration of benefits and services for veterans in the State. (III) A political subdivision of a State. (C) Notice.--The form developed under subparagraph (A) shall include notice of the following: (i) Information provided to agencies and departments described in subparagraph (B)(iv)(III) will only be provided as authorized and upon request by such agencies and departments. (ii) Political subdivisions of States that receive information under the program established under subsection (a) may-- (I) share such information with such nonprofit organizations as the political subdivisions consider appropriate; and (II) work with such organizations to provide the veterans with relevant information about benefits and services offered by such organizations. (iii) Information provided on the form developed under subparagraph (A) will never be sold, provided to a for-profit entity, or used to send any sort of political communication. (D) Manner.--The Secretary of Defense shall ensure that the form provided under paragraph (1) is not primarily electronic in nature. (3) Voluntary participation.--The Secretary of Defense shall ensure that completion of the form provided under paragraph (1) is voluntary and submittal of such form to the Secretary by a member of the Armed Forces shall be considered an indication to the Secretary that the member would like to receive information from participating entities under the program. (4) Transmittal of information to secretary of veterans affairs.--Not later than 30 days after the date on which a member of the Armed Forces who submitted information to the Secretary of Defense under this subsection separates from service in the Armed Forces, the Secretary of Defense shall transmit such information to the Secretary of Veterans Affairs. (5) Privacy and security.--The Secretary of Defense shall take such actions as the Secretary considers appropriate to protect-- (A) the privacy of individuals who submit information under this subsection; and (B) the security of such information-- (i) while it is in the possession of the Secretary; and (ii) while it is in transit to the Secretary of Veterans Affairs. (6) Integration with transition assistance program.--The Secretary of Defense and the Secretary of Labor shall jointly take such actions as the secretaries consider appropriate to integrate the collection of information under this subsection into the Transition Assistance Program. (e) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report on the program established under subsection (a)(1). (2) Contents.--The report submitted under paragraph (1) shall include an examination and assessment of the following: (A) The signup process and the effectiveness of the forms developed and provided under subsection (d). (B) The ways in which contact information is transferred from the Secretary of Defense to the Secretary of Veterans Affairs under the program and the plans of the secretaries to overcome challenges encountered by the secretaries in transferring such information. (C) The number of covered entities described in subsection (a)(2)(C) participating in the program and any challenges they report in receiving the contact information from the Secretary of Veterans Affairs under the program. (D) The effectiveness of efforts of the Secretary of Veterans Affairs and the Secretary of Defense to protect the personal information of participating individuals. (E) The effectiveness of efforts of covered entities described in subsection (a)(2)(C) to protect the personal information of participating individuals. (F) Whether additional limitations on the use of information collected under the program are necessary to protect participating individuals from unwanted contact, or contact that is inconsistent with the program. (G) Whether participating individuals are benefitting by participating in the program and whether changing the program would improve such benefits. (H) The overall participation in the program, utilization of the program, and how such participation and utilization could be improved. (I) Such other matters as the secretaries consider appropriate. (3) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means the following: (A) The Committee on Veterans' Affairs, the Committee on Armed Services, and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate. (B) The Committee on Veterans' Affairs, the Committee on Armed Services, and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the House of Representatives. (f) Definitions.--In this section: (1) Participating entity.--The term ``participating entity'' means a covered entity that has indicated to the Secretary of Veterans Affairs that the covered entity would like to receive information about participating individuals from the national directory and has made no subsequent indication that the covered entity would like to stop receiving such information. (2) Participating individual.--The term ``participating individual'' means an individual with respect to whom information is stored in the national directory and who has indicated to the Secretary of Veterans Affairs or the Secretary of Defense that the individual would like to receive information from participating entities under the program and has made no subsequent indication that the individual would like to stop receiving such information.

Connect with Veterans Act of 2014 - Directs the Secretary of Veterans Affairs to: (1) establish a program to facilitate outreach to veterans by the Department of Veterans Affairs (VA), the primary agencies of states for the administration of veterans' benefits and services, political subdivisions of states, and Indian tribes; and (2) publicize such program and the benefits to such entities of participating. Requires the Secretary, to carry out such program, to: (1) establish a national directory of veterans, and (2) share information in the directory with any such entities from whom a participating individual has expressed interest in receiving information. Prohibits: (1) the Secretary from selling information collected under this Act, (2) the Secretary or any participating entity from sharing such information with a non-participating entity, or (3) any participating entity from using any such information for any political communication or from requiring any participating individual to purchase any product or service. Requires the Secretary of Defense (DOD) to: (1) provide to each member of the Armed Forces separating from service a form for the collection of information to be included in the directory, (2) ensure that completion of the form is voluntary, and (3) protect the privacy of individuals who submit information and the security of information. Directs the Secretaries of Defense and Labor to jointly take appropriate steps to integrate the collection of information under this Act into the Transition Assistance Program.

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SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Federally Supported Health Centers Assistance Act of 1995''. (b) References.--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 Public Health Service Act. SEC. 2. PERMANENT EXTENSION OF PROGRAM. (a) In General.--Section 224(g)(3) (42 U.S.C. 233(g)(3)) is amended by striking the last sentence. (b) Conforming Amendments.--Section 224(k) (42 U.S.C. 233(k)) is amended-- (1) in paragraph (1)(A)-- (A) by striking ``For each of the fiscal years 1993, 1994, and 1995'' and inserting ``For each fiscal year''; and (B) by striking ``(except'' and all that follows through ``thereafter)''; and (2) in paragraph (2), by striking ``for each of the fiscal years 1993, 1994, and 1995'' and inserting ``for each fiscal year''. SEC. 3. CLARIFICATION OF COVERAGE. Section 224 (42 U.S.C. 233) is amended-- (1) in subsection (g)(1), by striking ``an entity described in paragraph (4)'' in the first sentence and all that follows through ``contractor'' in the second sentence and inserting the following: ``an entity described in paragraph (4), and any officer, governing board member, or employee of such an entity, and any contractor of such an entity who is a physician or other licensed or certified health care practitioner (subject to paragraph (5)), shall be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer was made under subsection (k)(3) (subject to paragraph (3)). The remedy against the United States for an entity described in paragraph (4) and any officer, governing board member, employee, or contractor''; and (2) in subsection (k)(3), by inserting ``governing board member,'' after ``officer,''. SEC. 4. COVERAGE FOR SERVICES FURNISHED TO INDIVIDUALS OTHER THAN CENTER PATIENTS. Section 224(g)(1) (42 U.S.C. 233(g)) is amended-- (1) by redesignating paragraph (1) as paragraph (1)(A); and (2) by adding at the end thereof the following: ``(B) The deeming of any entity or officer, governing board member, employee, or contractor of the entity to be an employee of the Public Health Service for purposes of this section shall apply with respect to services provided-- ``(i) to all patients of the entity, and ``(ii) subject to subparagraph (C), to individuals who are not patients of the entity. ``(C) Subparagraph (B)(ii) applies to services provided to individuals who are not patients of an entity if the Secretary determines, after reviewing an application submitted under subparagraph (D), that the provision of the services to such individuals-- ``(i) benefits patients of the entity and general populations that could be served by the entity through community-wide intervention efforts within the communities served by such entity; ``(ii) facilitates the provision of services to patients of the entity; or ``(iii) are otherwise required under an employment contract (or similar arrangement) between the entity and an officer, governing board member, employee, or contractor of the entity.''. SEC. 5. APPLICATION PROCESS. (a) Application Requirement.--Section 224(g)(1) (42 U.S.C. 233(g)(1)) (as amended by section 4) is further amended-- (1) in subparagraph (A), by inserting after ``For purposes of this section'' the following: ``and subject to the approval by the Secretary of an application under subparagraph (D)''; and (2) by adding at the end thereof the following: ``(D) The Secretary may not under subparagraph (A) deem an entity or an officer, governing board member, employee, or contractor of the entity to be an employee of the Public Health Service for purposes of this section, and may not apply such deeming to services described in subparagraph (B)(ii), unless the entity has submitted an application for such deeming to the Secretary in such form and such manner as the Secretary shall prescribe. The application shall contain detailed information, along with supporting documentation, to verify that the entity, and the officer, governing board member, employee, or contractor of the entity, as the case may be, meets the requirements of subparagraphs (B) and (C) of this paragraph and that the entity meets the requirements of paragraphs (1) through (4) of subsection (h). ``(E) The Secretary shall make a determination of whether an entity or an officer, governing board member, employee, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section within 30 days after the receipt of an application under subparagraph (D). The determination of the Secretary that an entity or an officer, governing board member, employee, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section shall apply for the period specified by the Secretary under subparagraph (A). ``(F) Once the Secretary makes a determination that an entity or an officer, governing board member, employee, or contractor of an entity is deemed to be an employee of the Public Health Service for purposes of this section, the determination shall be final and binding upon the Secretary and the Attorney General and other parties to any civil action or proceeding. Except as provided in subsection (i), the Secretary and the Attorney General may not determine that the provision of services which are the subject of such a determination are not covered under this section. ``(G) In the case of an entity described in paragraph (4) that has not submitted an application under subparagraph (D): ``(i) The Secretary may not consider the entity in making estimates under subsection (k)(1). ``(ii) This section does not affect any authority of the entity to purchase medical malpractice liability insurance coverage with Federal funds provided to the entity under section 329, 330, 340, or 340A. ``(H) In the case of an entity described in paragraph (4) for which an application under subparagraph (D) is in effect, the entity may, through notifying the Secretary in writing, elect to terminate the applicability of this subsection to the entity. With respect to such election by the entity: ``(i) The election is effective upon the expiration of the 30- day period beginning on the date on which the entity submits such notification. ``(ii) Upon taking effect, the election terminates the applicability of this subsection to the entity and each officer, governing board member, employee, and contractor of the entity. ``(iii) Upon the effective date for the election, clauses (i) and (ii) of subparagraph (G) apply to the entity to the same extent and in the same manner as such clauses apply to an entity that has not submitted an application under subparagraph (D). ``(iv) If after making the election the entity submits an application under subparagraph (D), the election does not preclude the Secretary from approving the application (and thereby restoring the applicability of this subsection to the entity and each officer, governing board member, employee, and contractor of the entity, subject to the provisions of this subsection and the subsequent provisions of this section.''. (b) Approval Process.--Section 224(h) (42 U.S.C. 233(h)) is amended-- (1) in the matter preceding paragraph (1), by striking ``Notwithstanding'' and all that follows through ``entity--'' and inserting the following: ``The Secretary may not approve an application under subsection (g)(1)(D) unless the Secretary determines that the entity--''; and (2) by striking ``has fully cooperated'' in paragraph (4) and inserting ``will fully cooperate''. (c) Delayed Applicability for Current Participants.--If, on the day before the date of the enactment of this Act, an entity was deemed to be an employee of the Public Health Service for purposes of section 224(g) of the Public Health Service Act, the condition under paragraph (1)(D) of such section (as added by subsection (a) of this section) that an application be approved with respect to the entity does not apply until the expiration of the 180-day period beginning on such date. SEC. 6. TIMELY RESPONSE TO FILING OF ACTION OR PROCEEDING. Section 224 (42 U.S.C. 233) is amended by adding at the end thereof the following subsection: ``(l)(1) If a civil action or proceeding is filed in a State court against any entity described in subsection (g)(4) or any officer, governing board member, employee, or any contractor of such an entity for damages described in subsection (a), the Attorney General, within 15 days after being notified of such filing, shall make an appearance in such court and advise such court as to whether the Secretary has determined under subsections (g) and (h), that such entity, officer, governing board member, employee, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section with respect to the actions or omissions that are the subject of such civil action or proceeding. Such advice shall be deemed to satisfy the provisions of subsection (c) that the Attorney General certify that an entity, officer, governing board member, employee, or contractor of the entity was acting within the scope of their employment or responsibility. ``(2) If the Attorney General fails to appear in State court within the time period prescribed under paragraph (1), upon petition of any entity or officer, governing board member, employee, or contractor of the entity named, the civil action or proceeding shall be removed to the appropriate United States district court. The civil action or proceeding shall be stayed in such court until such court conducts a hearing, and makes a determination, as to the appropriate forum or procedure for the assertion of the claim for damages described in subsection (a) and issues an order consistent with such determination.''. SEC. 7. APPLICATION OF COVERAGE TO MANAGED CARE PLANS. Section 224 (42 U.S.C. 223) (as amended by section 6) is amended by adding at the end thereof the following subsection: ``(m)(1) An entity or officer, governing board member, employee, or contractor of an entity described in subsection (g)(1) shall, for purposes of this section, be deemed to be an employee of the Public Health Service with respect to services provided to individuals who are enrollees of a managed care plan if the entity contracts with such managed care plan for the provision of services. ``(2) Each managed care plan which enters into a contract with an entity described in subsection (g)(4) shall deem the entity and any officer, governing board member, employee, or contractor of the entity as meeting whatever malpractice coverage requirements such plan may require of contracting providers for a calendar year if such entity or officer, governing board member, employee, or contractor of the entity has been deemed to be an employee of the Public Health Service for purposes of this section for such calendar year. Any plan which is found by the Secretary on the record, after notice and an opportunity for a full and fair hearing, to have violated this subsection shall upon such finding cease, for a period to be determined by the Secretary, to receive and to be eligible to receive any Federal funds under titles XVIII or XIX of the Social Security Act. ``(3) For purposes of this subsection, the term `managed care plan' shall mean health maintenance organizations and similar entities that contract at-risk with payors for the provision of health services or plan enrollees and which contract with providers (such as entities described in subsection (g)(4)) for the delivery of such services to plan enrollees.''. SEC. 8. COVERAGE FOR PART-TIME PROVIDERS UNDER CONTRACTS. Section 224(g)(5)(B) (42 U.S.C. 223(g)(5)(B)) is amended to read as follows: ``(B) in the case of an individual who normally performs an average of less than 32\1/2\ hours of services per week for the entity for the period of the contract, the individual is a licensed or certified provider of services in the fields of family practice, general internal medicine, general pediatrics, or obstetrics and gynecology.''. SEC. 9. DUE PROCESS FOR LOSS OF COVERAGE. Section 224(i)(1) (42 U.S.C. 233(i)(1)) is amended by striking ``may determine, after notice and opportunity for a hearing'' and inserting ``may on the record determine, after notice and opportunity for a full and fair hearing''. SEC. 10. AMOUNT OF RESERVE FUND. Section 224(k)(2) (42 U.S.C. 223(k)(2)) is amended by striking ``$30,000,000'' and inserting ``$10,000,000''. SEC. 11. REPORT ON RISK EXPOSURE OF COVERED ENTITIES. Section 224 (as amended by section 7) is amended by adding at the end thereof the following subsection: ``(n)(1) Not later than one year after the date of the enactment of the Federally Supported Health Centers Assistance Act of 1995, the Comptroller General of the United States shall submit to the Congress a report on the following: ``(A) The medical malpractice liability claims experience of entities that have been deemed to be employees for purposes of this section. ``(B) The risk exposure of such entities. ``(C) The value of private sector risk-management services, and the value of risk-management services and procedures required as a condition of receiving a grant under section 329, 330, 340, or 340A. ``(D) A comparison of the costs and the benefits to taxpayers of maintaining medical malpractice liability coverage for such entities pursuant to this section, taking into account-- ``(i) a comparison of the costs of premiums paid by such entities for private medical malpractice liability insurance with the cost of coverage pursuant to this section; and ``(ii) an analysis of whether the cost of premiums for private medical malpractice liability insurance coverage is consistent with the liability claims experience of such entities. ``(2) The report under paragraph (1) shall include the following: ``(A) A comparison of-- ``(i) an estimate of the aggregate amounts that such entities (together with the officers, governing board members, employees, and contractors of such entities who have been deemed to be employees for purposes of this section) would have directly or indirectly paid in premiums to obtain medical malpractice liability insurance coverage if this section were not in effect; with ``(ii) the aggregate amounts by which the grants received by such entities under this Act were reduced pursuant to subsection (k)(2). ``(B) A comparison of-- ``(i) an estimate of the amount of privately offered such insurance that such entities (together with the officers, governing board members, employees, and contractors of such entities who have been deemed to be employees for purposes of this section) purchased during the three-year period beginning on January 1, 1993; with ``(ii) an estimate of the amount of such insurance that such entities (together with the officers, governing board members, employees, and contractors of such entities who have been deemed to be employees for purposes of this section) will purchase after the date of the enactment of the Federally Supported Health Centers Assistance Act of 1995. ``(C) An estimate of the medical malpractice liability loss history of such entities for the 10-year period preceding October 1, 1996, including but not limited to the following: ``(i) Claims that have been paid and that are estimated to be paid, and legal expenses to handle such claims that have been paid and that are estimated to be paid, by the Federal Government pursuant to deeming entities as employees for purposes of this section. ``(ii) Claims that have been paid and that are estimated to be paid, and legal expenses to handle such claims that have been paid and that are estimated to be paid, by private medical malpractice liability insurance. ``(D) An analysis of whether the cost of premiums for private medical malpractice liability insurance coverage is consistent with the liability claims experience of entities that have been deemed as employees for purposes of this section. ``(3) In preparing the report under paragraph (1), the Comptroller General of the United States shall consult with public and private entities with expertise on the matters with which the report is concerned.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Federally Supported Health Centers Assistance Act of 1995 - Amends the Public Health Service Act to remove provisions ending, on a specified date, the application of provisions: (1) deeming health care practitioner officers, employees, or contractors of certain entities (migrant and community health centers and grant recipients for health services to the homeless and to residents of public housing) to be employees of the Public Health Service (PHS); and (2) making a malpractice action against the United States the sole remedy against such practitioners. Adds governing board members to the list of practitioners deemed to be PHS employees. Allows, in certain circumstances, deeming the practitioners to be PHS employees while treating individuals who are not patients of such entities. Requires approval of an application for the deeming. Sets forth an application process. Directs the Attorney General to appear in State court actions to advise the court whether an officer, governing board member, employee, or contractor has been deemed to be an employee of the Public Health Service. Provides for the application of coverage to managed care plans. Revises the requirements: (1) to be considered a contractor of such an entity; and (2) of due process regarding exclusion of specific individuals from coverage. Reduces the maximum limit on the fund set up to cover annual estimated claims. Requires the Comptroller General to report to the Congress on: (1) the claims experience of entities deemed to be employees under this Act; (2) the risk exposure of those entities; (3) the value of private sector risk management services; and (4) certain comparisons, analyses, and estimates related to this Act.

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SECTION 1. SAN JUAN ISLANDS NATIONAL CONSERVATION AREA. (a) Findings; Purposes.-- (1) Findings.--Congress finds as follows: (A) Lands managed by the Bureau of Land Management in the San Juan Archipelago, Washington State, comprising nearly 1,000 acres of small islands, rocks and reef, headlands, historic lighthouses, and ecologically important areas are of great value to the people of Washington State and the Nation. (B) These areas provide recreational opportunities for hiking, wildlife viewing, boating, picnicking, photography, sea kayaking, and camping and are enjoyed by residents of the area and visitors. In 2010, these lands in the San Juan Islands National Conservation Area received more than 65,000 visitors in a county with a population at that time of 15,769 residents. (C) These areas preserve important local, national, and tribal cultural and historic sites. Lighthouses on Patos Island, Turn Point, and Cattle Point are registered as State Historic Structures. Numerous archaeological sites exist, including shell middens, plank-house sites, and burial markers. Areas of cultural importance include ancient Coast Salish camas cultivation sites, homesteads, reef-net sites, and settler cabins. (D) These areas include vanishing coastal flower meadows, spruce bogs, groves of Garry oaks and endemic coastal junipers, and other rare and fragile ecosystems that support numerous plant species and provide nesting habitat for seabirds, songbirds, bats, and other small native mammals. (E) These areas are used by several non-profit, government, and educational organizations for scientific research and education, including the San Juan Islands Experimental Education Outdoor Classroom. (F) Establishment of the San Juan Islands National Conservation Area is the best way to preserve, protect, enhance, and restore this local and nationally important landscape. (2) Purposes.--The purposes of this Act are-- (A) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the National Conservation Area; and (B) to protect each species that is-- (i) located in the National Conservation Area; and (ii) listed as a threatened or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)). (b) Definitions.--In this Act: (1) Management plan.--The term ``management plan'' means the management plan for the National Conservation Area developed by the Secretary under subsection (d). (2) National conservation area.--The term ``National Conservation Area'' means the San Juan Islands National Conservation Area that-- (A) consists of approximately 1,000 acres of public land in the Washington State, as generally depicted on the map entitled ``Proposed San Juan Islands National Conversation Area'' and dated June 30, 2011; and (B) is established by subsection (c). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (c) Establishment.--Subject to valid existing rights, there is established in the State of Washington the San Juan Islands National Conservation Area. (d) Management Plan.-- (1) In general.--Not later than 3 years after the date of the enactment of this Act and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long- term management of the National Conservation Area. (2) Consultation.--In developing the management plan required under paragraph (1), the Secretary shall consult with-- (A) appropriate State, tribal, and local governmental entities; and (B) members of the public. (e) Management.-- (1) In general.--The Secretary shall manage the National Conservation Area-- (A) in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and (B) in accordance with-- (i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (ii) this Act; and (iii) any other applicable law (including regulations). (2) Uses.--The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further a purpose described in subsection (a). (3) Motorized vehicles.--Except when needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles. (4) Wildland fire operations.--Nothing in this Act prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this Act. (5) Invasive species and noxious weeds.--In accordance with any applicable laws and subject to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may prescribe measures to control nonnative invasive plants and noxious weeds within the National Conservation Area. (f) Tribal Cultural Uses.--The Secretary shall work in consultation with Indian tribes to-- (1) ensure the protection of religious and cultural sites in the Conservation Area; and (2) provide access to the sites by members of Indian tribes for traditional cultural and customary uses, consistent with Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act''; 42 U.S.C. 1996). (g) No Buffer Zones.-- (1) In general.--Nothing in this Act creates a protective perimeter or buffer zone around the National Conservation Area. (2) Activities outside conservation area.--The fact that an activity or use on land outside the National Conservation Area can be seen or heard within the National Conservation Area shall not preclude the activity or use outside the boundary of the National Conservation Area. (3) Acquisition of land.-- (A) In general.--The Secretary may acquire non- Federal land within the boundaries of the Conservation Area only through exchange, donation, or purchase from a willing seller. (B) Management.--Land acquired under subparagraph (A) shall become part of the Conservation Area. (h) Advisory Council.-- (1) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish an advisory council, to be known as the ``San Juan Islands National Conservation Area Advisory Council''. (2) Duties.--The Council shall advise the Secretary with respect to the preparation and implementation of the management plan. (3) Members.--The Council shall include 7 members to be appointed by the Secretary. The members, to the extent practicable, shall-- (A) reside in or within reasonable proximity to San Juan County, Washington; (B) have backgrounds that reflect-- (i) the purposes for which the National Conservation Area was established; and (ii) the interests of the stakeholders that are affected by the planning and management of the National Conservation Area; and (C) be fairly balanced in terms of the points of view represented and the functions to be performed by the Council. (4) Applicable law.--The Council shall be subject to-- (A) the Federal Advisory Committee Act (5 U.S.C. App.); and (B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (5) Duration.--The Council shall terminate on the date that is 1 year from the date on which the management plan is adopted by the Secretary. (i) Incorporation of Acquired Land and Interests.--Any land acquired by the United States after the date of the enactment of this Act that is located in the National Conservation Area shall-- (1) become part of the National Conservation Area; and (2) be managed in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable law (including regulations). (j) Withdrawal.-- (1) In general.--Subject to valid existing rights, all Federal land and interests in land located in the National Conservation Area are withdrawn from-- (A) all forms of entry, appropriation, and disposal under the public land laws; (B) location, entry, and patenting under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2) Additional land.--Any land acquired by the United States after the date of the enactment of this Act that is located in the National Conservation Area shall be withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land. SEC. 2. TREATY RIGHTS. Nothing in this Act alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe.

Establishes the San Juan Islands National Conservation Area in the state of Washington. Directs the Secretary of the Interior to develop a comprehensive plan for the long-term management of the Conservation Area. Requires the Secretary to manage the Conservation Area in a manner to conserve, protect, and enhance the resources of such area. Authorizes the Secretary to prescribe measures for the control of nonnative invasive plants and noxious weeds within the Conservation Area. Instructs the Secretary to work with Indian tribes to ensure the protection of religious and cultural sites within the Conservation Area and to provide access to them by tribal members for traditional cultural and customary uses. Directs the Secretary to establish the San Juan Islands National Conservation Area Advisory Council to advise the Secretary on the preparation and implementation of the management plan.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Education Reimbursement Act of 2005''. SEC. 2. FAMILY EDUCATION REIMBURSEMENT ACCOUNTS. (a) Establishment.--The Secretary of Education, in consultation with the Secretary of Health and Human Services, shall-- (1) establish a Family Education Reimbursement Account Program under which, at the direction of the parent of each displaced student who signs up under subsection (d), the Secretary provides reimbursement to enable the student or preschool-age child to attend the school or preschool program of his or her parent's choice during the 2005-2006 school year; (2) of the amount available to carry out this section for fiscal year 2006, use not more than one third of one percent of such amount for administrative expenses, including outreach, support services, and dissemination of information; and (3) contract with a nongovernmental entity to administer and operate the program. (b) Reimbursement.-- (1) In general.--In carrying out this section, the Secretary-- (A) shall allow the parent of the participating displaced student to select the school or preschool program to be attended by the student during the 2005- 2006 school year; (B) at the direction of the parent, shall provide reimbursement to that school or preschool program on a quarterly basis; and (C) in the case of a public school, may provide such reimbursement to the appropriate local fiscal agent for the school. (2) Amount.--In providing reimbursement under paragraph (1), the Secretary shall-- (A) determine the amount of reimbursement to a school or preschool program based on the number of weeks during which the participating displaced student attended the school or preschool program during the preceding quarter; (B) subject to subparagraph (C), provide the same amount of reimbursement to each school and preschool program for each week of attendance by one participating displaced student; (C) not provide reimbursement that exceeds the actual cost of the school for educating students, or the actual cost of the preschool program, for the same period for students who are not displaced students; (D) not provide reimbursement of more than $6,700 on behalf of any student for the 2005-2006 school year; and (E) discontinue reimbursement once a displaced student returns to the school he or she attended prior to August 29, 2005. (3) Use of funds.--The Secretary may provide reimbursement under paragraph (1) on behalf of a displaced student only if the school or preschool program involved agrees-- (A) to use the reimbursement for providing educational and other services to the displaced student; and (B) not to use the reimbursement for the construction or renovation of facilities. (c) Accounting of Funds.--The Secretary shall provide an appropriate accounting of funds for each school or program that receives a payment on behalf of one or more participating displaced students under this section. (d) Registration.-- (1) In general.--To seek to participate in the program under this section, the parent of a displaced student shall sign up by means of the Internet site, toll-free telephone number, or paper form developed under subsection (e). (2) Account numbers.--Upon completion of registration for the program under this section-- (A) the displaced student shall be assigned an account number; and (B) the account number shall be made available to the parent of the student. (3) Families.--If a parent has more than one child who is a displaced student-- (A) the parent shall be allowed to register each child under this subsection at the same time; and (B) the same account number under paragraph (2) shall be provided to each child. (e) FERA System Development and Establishment.-- (1) In general.--The Secretary shall develop and implement a web-based system-- (A) to support the registration in the program under this section of displaced students by means of an Internet site, toll-free telephone number, or paper form; and (B) to facilitate the timely payment of funds from the accounts of families participating in the program under this section to the school or preschool program authorized to be reimbursed for educational and other services rendered. (2) System requirements.-- (A) Internet site; toll-free telephone number; paper form.--The Internet site and toll-free telephone number developed pursuant to paragraph (1)-- (i) shall be integrated with each other; (ii) shall, with respect to the toll-free telephone number, not be fully automated; (iii) shall be operational not later than 2 weeks after the date of the enactment of this section; (iv) shall include privacy controls, consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g); (v) shall be accessible to participating displaced students and their parents for the purpose of determining-- (I) the amount expended under this section on the student's behalf to date; and (II) the amount remaining for expenditure under this section on the student's behalf; (vi) shall be accessible to schools and preschool programs for the purpose of facilitating reimbursement under subsection (b); (vii) shall support non-English speaking parents by providing information and registration in an understandable and uniform format and, to the extent practicable, in a language the parents can understand; (viii) may use existing Federal grant management and electronic payment systems; (ix) shall include information technology and other controls necessary to prevent fraud and overpayment, including mechanisms to validate family and school information; and (x) shall provide technical support services (including support for registration and processing of accounts) to the families of participating displaced students and the schools and preschool programs in which the students are enrolled. (B) Payment system.--The Secretary shall ensure that-- (i) the payment system required to carry out this section is operational not later than 4 weeks after the date of the enactment of this section; and (ii) the first disbursements under this section are made not later than 5 weeks after the date of the enactment of this section. (3) Contractor requirements.--The Secretary shall award the contract required by subsection (a)(3) to a nongovernmental entity that-- (A) has experience meeting the requirements described in paragraph (2)(A); (B) demonstrates expertise in the development and operation of information technology infrastructures, including the manufacture and supply of hardware and software, information management, electronic fund transfer payment systems, and customer relations management and outreach; (C) demonstrates significant experience in the development, implementation, and technical support for payment management systems operated by agencies of the Federal Government, including the Department of Education and the Department of Health and Human Services; and (D) is based, and operates help desk services, in the United States. (f) Transferring Students.-- (1) In general.--Subject to paragraph (2), the Secretary shall continue to provide reimbursement under this section on behalf of a participating displaced student who transfers to one or more schools or preschool programs during the 2005-2006 school year. (2) Exception.--The Secretary shall not provide reimbursement under this section on behalf of a participating displaced student with respect to any school or preschool program which the student attends for less than 2 consecutive weeks during the 2005-2006 school year. (g) Additional Amount for Administrative Expenses.--In providing reimbursement to an entity under this section-- (1) the Secretary shall include an additional amount equal to 1 percent of the total amount of such reimbursement to the entity for the purpose of defraying administrative expenses; (2) such additional amount shall not be counted for purposes of the maximum reimbursement amount specified in subsections (b)(2)(C) and (b)(2)(D); and (3) of the amount specified in subsections (b)(2)(C) and (b)(2)(D), 100 percent of such amount shall be made available to the school or preschool program. (h) Procurement.--For purposes of the contract required by subsection (a)(3), the following provisions of Federal acquisition law shall not apply: (1) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (2) The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.). (3) The Federal Acquisition Streamlining Act of 1994 (Public Law 103-355). (4) The Competition in Contracting Act. (5) Subchapter V of chapter 35 of title 31, relating to the procurement protest system. (6) The Federal Acquisition Regulation and any laws not listed in paragraphs (1) through (5) providing authority to promulgate regulations in the Federal Acquisition Regulation. (i) Audit.--The Secretary may provide reimbursement under this section to a school or program on behalf of a displaced student only if the school or program agrees to allow the Secretary to conduct an audit to review and verify that the school or program is using the reimbursement in accordance with subsection (b)(3). (j) Nondiscrimination.-- (1) In general.--The Secretary may provide reimbursement under this section to a school or preschool program only if the school or program agrees not to discriminate against participating displaced students (including applicants) on the basis of race, color, national origin, religion, or sex. (2) Applicability and single sex schools, classes, or activities.-- (A) In general.--Notwithstanding any other provision of law, the prohibition of sex discrimination in paragraph (1) shall not apply to a school or preschool program that is operated by, supervised by, controlled by, or connected to a religious organization to the extent that the application of paragraph (1) is inconsistent with the religious tenets or beliefs of the school or program. (B) Single sex schools, classes, or activities.-- Notwithstanding paragraph (1) or any other provision of law, a parent may choose and a school may offer a single sex school, class, or activity. (3) Children with disabilities.--Nothing in this section may be construed to alter or modify the provisions of the Individuals with Disabilities Education Act. (4) Religiously affiliated schools.-- (A) In general.--Notwithstanding any other provision of law, a school or preschool program receiving reimbursement under this section that is operated by, supervised by, controlled by, or connected to, a religious organization may exercise its right in matters of employment consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1 et seq.), including the exemptions in such title. (B) Maintenance of purpose.--Notwithstanding any other provision of law, funds made available under this section on behalf of participating displaced students that are received by a school or preschool program, as a result of their parents' choice, shall not, consistent with the first amendment of the United States Constitution, necessitate any change in the school or program's teaching mission, require any school or program to remove religious art, icons, scriptures, or other symbols, or preclude any school or program from retaining religious terms in its name, selecting its board members on a religious basis, or including religious references in its mission statements and other chartering or governing documents. (5) Rule of construction.--Reimbursement (or any other form of support provided on behalf of participating displaced students) under this section shall be considered assistance to the student and shall not be considered assistance to the school or preschool program that enrolls the student. (k) Reports.--At the end of each quarter described in subsection (b)(2)(A), the Secretary shall submit a report to the appropriate committees of the Congress describing the implementation and results of the program under this section. Such report shall-- (1) specify the number of children served, the percentage of funds used on instructional activities, and the percentage of funds used for supplemental educational services; and (2) include information on the mobility of displaced students. (l) Definitions.--In this section: (1) The term ``displaced student'' means a student who is at least 4 years old, has not completed 12th grade, and would have attended another school or preschool program during the 2005-2006 school year, but for the fact that-- (A) the school, the program, or the surrounding area was damaged by a Gulf hurricane disaster; and (B) the school or program could not reopen shortly after the disaster. (2) The term ``Gulf hurricane disaster'' means a major disaster that was declared to exist by the President, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), and was caused by Hurricane Katrina or Hurricane Rita. (3) The term ``parent'' has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) The term ``participating displaced student'' means a displaced student participating in the program under this section. (5) The term ``preschool program'' means a public or private program serving 4 or 5 year old children, including any such Head Start program, that is in compliance with applicable State health and safety requirements. (6) The term ``school'' means a public or private elementary school or secondary school (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), including a religious elementary school or secondary school, that was legally operating in the State involved before September 1, 2005. (7) The term ``Secretary'' means the Secretary of Education, in consultation with the Secretary of Health and Human Services. (m) Funding.-- (1) In general.--Out of funds not otherwise appropriated, there is hereby appropriated to the Secretary of Education, to carry out this section, $2,500,000,000, to remain available through the period ending on July 31, 2006. Any such funds that are not obligated by the end of such period shall revert to the Treasury. (2) Contributions.--Under such terms and conditions as the Secretary may impose, the Secretary may, for the purpose of carrying out this section, accept and use such amounts as may be contributed by individuals, business concerns, or other entities for such purpose.

Family Education Reimbursement Act of 2005 - Directs the Secretary of Education to establish a Family Education Reimbursement Account Program for families of students displaced by Hurricane Katrina or Hurricane Rita. Provides for reimbursing parents for costs of such students or preschool-age children attending schools or preschool programs, chosen by the parents, during the 20052006 school year. Requires the Secretary to make a contract with a nongovernmental entity to administer and operate the program.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Traumatic Brain Injury Treatment Act of 2007''. SEC. 2. SCREENING, REHABILITATION, AND TREATMENT FOR TRAUMATIC BRAIN INJURY. (a) Screening, Rehabilitation, and Treatment for Traumatic Brain Injury.-- (1) In general.--Chapter 17 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER IX--TRAUMATIC BRAIN INJURY ``Sec. 1791. Screening for traumatic brain injuries ``(a) Screening Program.--The Secretary shall establish a program to screen veterans who are eligible for hospital care, medical services, and nursing home care under section 1710(e)(1)(D) of this title for symptoms of traumatic brain injury. ``(b) Report.--Not later than one year after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report containing the following information: ``(1) The number of veterans screened under the program during the year preceding such report. ``(2) The prevalence of traumatic brain injury symptoms among the veterans screened under the program. ``(3) Recommendations for improving care and services to veterans exhibiting symptoms of traumatic brain injury. ``Sec. 1792. Comprehensive program for long-term traumatic brain injury rehabilitation ``(a) Comprehensive Program.--The Secretary shall develop and carry out a comprehensive program of long-term care for post-acute traumatic brain injury rehabilitation that includes residential, community, and home-based components utilizing interdisciplinary treatment teams. ``(b) Location of Program.--The Secretary shall carry out the program developed under subsection (a) in four geographically dispersed polytrauma network sites designated by the Secretary. ``(c) Eligibility.--A veteran is eligible for care under the program developed under subsection (a) if the veteran is otherwise eligible for care under this chapter and-- ``(1) served on active duty in a theater of combat operations (as determined by the Secretary in consultation with the Secretary of Defense) during a period of war after the Persian Gulf War, or in combat against a hostile force during a period of hostilities (as defined in section 1712A(a)(2)(B) of this title) after November 11, 1998; ``(2) is diagnosed as suffering from moderate to severe traumatic brain injury; and ``(3) is unable to manage routine activities of daily living without supervision or assistance. ``(d) Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report containing the following information: ``(1) A description of the operation of the program. ``(2) The number of veterans provided care under the program during the year preceding such report. ``(3) The annual cost of operating the program. ``Sec. 1793. Traumatic brain injury transition offices ``(a) Establishment.--The Secretary shall establish a traumatic brain injury transition office at each Department polytrauma network site for the purposes of coordinating the provision of health-care and services to veterans who suffer from moderate to severe traumatic brain injuries and are in need of health-care and services not immediately offered by the Department. ``(b) Cooperative Agreements.--The Secretary, through each such office established under subsection (a), shall have the authority to arrange for the provision of health-care and services through cooperative agreements with appropriate public or private entities that have established long-term neurobehavioral rehabilitation and recovery programs. ``Sec. 1794. Traumatic brain injury registry ``(a) In General.--The Secretary shall establish and maintain a registry to be known as the `Traumatic Brain Injury Veterans' Health Registry' (in this section referred to as the `Registry'). ``(b) Description.--The Registry shall include the following information: ``(1) A list containing the name of each individual who served as a member of the Armed Forces in Operation Enduring Freedom or Operation Iraqi Freedom who exhibits symptoms associated with traumatic brain injury and who-- ``(A) applies for care and services from the Department under this chapter; or ``(B) files a claim for compensation under chapter 11 of this title on the basis of any disability which may be associated with such service; and ``(2) any relevant medical data relating to the health status of an individual described in paragraph (1) and any other information the Secretary considers relevant and appropriate with respect to such an individual if the individual-- ``(A) grants permission to the Secretary to include such information in the Registry; or ``(B) is deceased at the time such individual is listed in the Registry. ``(c) Notification.--The Secretary shall notify individuals listed in the Registry of significant developments in research on the health consequences of military service in the Operation Enduring Freedom and Operation Iraqi Freedom theaters of operations.''. (2) Clerical amendment.--The table of contents at the beginning of such chapter is amended by adding at the end the following new items: ``subchapter ix--traumatic brain injury ``1791. Screening for traumatic brain injuries. ``1792. Comprehensive program for long-term traumatic brain injury rehabilitation. ``1793. Traumatic brain injury transition offices. ``1794. Traumatic brain injury registry.''. (b) Effective Date.--The Secretary shall implement the requirements of subchapter IX of title 38, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act.

Veterans Traumatic Brain Injury Treatment Act of 2007 - Directs the Secretary of Veterans Affairs to: (1) establish a program to screen veterans eligible for Department of Veterans Affairs (VA) hospital, medical, and nursing home care for symptoms of traumatic brain injury (TBI); (2) develop and carry out a program of long-term care for post-acute TBI rehabilitation; (3) establish a TBI transition office at each VA polytrauma network site to coordinate the provision of health care and services to veterans who suffer from moderate to severe TBI and are in need of health care and services not immediately offered by the VA; and (4) establish and maintain the Traumatic Brain Injury Veterans' Health Registry.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Deployment and Competition Enhancement Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) In 2001, some broadband service providers are pervasively regulated, and some offering functionally equivalent services are not significantly regulated. (2) Common carrier regulation is being extended inappropriately to new broadband services being deployed by incumbent local exchange carriers, while no regulation is applied to new broadband services being deployed by local cable television companies. (3) There should be deregulatory parity in the provision of broadband services. (4) Broadband services and broadband service providers should be subject to little or no regulation, as there are no monopoly providers of such services and regulation of a nascent service inhibits the development of a competitive market. (5) Facilities used to provide broadband services, such as packet switching, are widely available in the market place and should therefore not be considered a network element, which common carriers must make available to other providers. Access should continue for essential facilities. (6) It is important for the economic development of the United States that all areas of the country receive the benefits of access to high speed Internet and the deployment of broadband services. (7) Common carrier regulation will not induce the deployment of broadband services, but will retard it. (8) Both Federal and State regulatory agencies have followed a regulatory scheme with respect to broadband services, and this pattern must be reversed. (b) Purposes.--The purposes of this Act are as follows: (1) To accelerate the deployment of broadband services to all parts of the United States. (2) To achieve deregulatory parity among providers of broadband services. (3) To reduce regulation of broadband services by the Federal Government and the States. SEC. 3. DEPLOYMENT OF BROADBAND SERVICES. (a) In General.--Part II of title II of the Communications Act of 1934 (47 U.S.C. 251 et seq.) is amended by adding at the end the following new section: ``SEC. 262. DEPLOYMENT OF BROADBAND SERVICES. ``(a) Opt-In.--This section applies to an incumbent local exchange carrier only if the local exchange carrier provides written notice to the Commission of its decision to comply with the provisions of this section. ``(b) Next Generation Broadband Deployment.-- ``(1) In general.--An incumbent local exchange carrier shall not be subject to the requirements of section 251(c) with respect to any optical fiber facility, or any technology of like functionality, in the local exchange carrier's network that is used to provide service to residential customers; and ``(A) that is or was-- ``(i) deployed where no outside telephone distribution plant previously existed; or ``(ii) deployed from any structure or premise to a customer premises; and ``(B) if the facility is capable of providing advanced service. ``(2) Rights of way.--Any provider of facilities referred to in paragraph (1) shall have the duty to coordinate and cooperate with other local exchange carriers to provide access to rights of way consistent with section 251(b)(4). ``(3) Access to existing copper loop.--Nothing in this subsection shall preclude the Commission or a State from requiring that an incumbent local exchange carrier provide an existing copper loop to another local exchange carrier upon request. ``(c) Competition Enhancement.-- ``(1) In general.--Notwithstanding section 2(b), or any other provision of law, an incumbent local exchange carrier shall not be subject to the requirements of-- ``(A) section 251(c), except as provided in paragraph (2) of this subsection, with respect to its packet switching capability, or any successor technology; or ``(B) section 251(c) with respect to the resale of advanced service or high-speed Internet access service. ``(2) Collocation.-- ``(A) In general.--An incumbent local exchange carrier has the duty to provide collocation at its central offices in accordance with the rules of the Commission established in accordance with section 251(c)(6) for equipment to be used in the provision of advanced service. ``(B) Remote terminal.--Neither the Commission nor a State may require collocation for equipment for the provision of advanced service inside a remote terminal where no space for collocation of such equipment is available. Collocation of advanced service equipment in the remote terminal shall not include collocation inside or within any equipment, components, or facilities located inside the remote terminal. ``(d) Build-Out Requirement.-- ``(1) In general.--Except as provided in paragraph (3), an incumbent local exchange carrier or affiliate shall be capable of providing advanced service to all of its local exchange service customers in a State not later than 5 years after the date of enactment of the Broadband Deployment and Competition Enhancement Act of 2001, thereafter within 30 days of a bona fide request by any such local exchange service customer. ``(2) Means of addressing requirement.--An incumbent local exchange carrier or affiliate may use any technology, service, or combination of services to meet the requirement in paragraph (1). ``(3) Exemption.--An incumbent local exchange carrier or affiliate is exempt from the requirement in paragraph (1) if the provision of advanced service to a customer is not both technically and economically feasible. ``(e) Pricing Flexibility for Retail Advanced Service.-- ``(1) Inapplicability of governmental regulation.--The rates, terms, and conditions of retail advanced service offered by an incumbent local exchange carrier or its affiliates to subscribers are not subject to Federal, State, or local regulation. ``(2) Construction.--Nothing in this subsection shall be construed to affect the obligations of a Bell operating company under section 272(c). ``(f) Enforcement.-- ``(1) Failure to build-out.--If an incumbent local exchange carrier cannot comply with subsection (d)(1) as of the date specified in that subsection, subsections (c) and (e) shall no longer apply to such carrier as of that date. ``(2) Noncompliance with loop provisioning and collocation rules.-- ``(A) In general.--Except as provided in paragraph (3), subsections (c) and (e) shall cease to apply to an incumbent local exchange carrier as of the date on which a State makes a final and nonappealable determination, based on clear and convincing evidence and in response to a complaint filed by another local exchange carrier, that-- ``(i) the incumbent local exchange carrier has willfully and materially failed to comply with the rules of the Commission with respect to collocation or loop provisioning; and ``(ii) such failure has caused material harm to the complaining carrier's ability to compete. ``(B) Burden of proof.--The burden of proof in a complaint under subparagraph (A) shall be on the complainant. ``(3) Reinstatement.-- ``(A) In general.--An incumbent local exchange carrier to which subsections (c) and (e) have ceased to apply because of a determination by a State under paragraph (2) may petition the State for a reinstatement of the application of subsections (c) and (e) to such carrier. ``(B) Determination.--If a State that makes a determination described in paragraph (2) subsequently makes a final determination that the carrier concerned has complied fully with the rule with which the carrier was found, under paragraph (2), not to have complied, the application of subsections (c) and (e) to the carrier shall be reinstated as of the date of that subsequent final determination. ``(C) Failure of state to act within 90 days.--For purposes of subparagraph (B), a State that fails to make a determination on a petition filed under subparagraph (A) within 90 days of the date of the filing of the petition shall be deemed to have made a determination that the carrier concerned is in full compliance with the rules of the Commission with respect to collocation or loop provisioning. ``(g) Definitions.--In this section: ``(1) Incumbent local exchange carrier.--The term `incumbent local exchange carrier' has the meaning given that term in section 251(h). ``(2) Customer premises.--The term `customer premises' means a customer's physical property and any adjacent easements. ``(3) Packet switching capability.--The term `packet switching capability' has the meaning given that term in section 51.319(c)(4) of title 47, Code of Federal Regulation, as that section is in effect as of June 1, 2001. ``(4) Remote terminal.--The term `remote terminal' means a point in a local exchange carrier's network, not including a central office, where the electronic capability to provide advanced service is deployed. ``(5) Advanced service.--The terms `advanced service' and `high-speed Internet access service' mean any service or combination of services that consists of, or includes, the offering of a capability to transmit information using a packet switched or successor technology downstream from a provider to a consumer at a generally rated speed of 364 or kilobits per second or higher.''. SEC. 4. AMENDMENT. Section 251(c)(3) of the Communications Act of 1934 (47 U.S.C. 251(c)(3)) is amended by adding at the end the following: ``An incumbent local exchange carrier shall not be required to convert to a network element or combination of network elements any special access circuit being provided on June 1, 2001.''. SEC. 5. REGULATORY PARITY. (a) Identification of Disparate Regulatory Treatment of Advanced Service.--Not later than 6 months after the date of the enactment of this Act, the Federal Communications Commission shall identify in its regulations any requirements or obligations that result in different or disparate treatment among various types of providers of advanced service and high-speed Internet access service or among different technologies used to provide such service. (b) Termination of Applicability.--Not later than one year after the date of the enactment of this Act, the Commission shall modify its regulations in order to eliminate each difference and disparity in treatment identified under subsection (a) unless the Commission determines that such difference or disparity in treatment should continue to apply in the public interest. (c) Biennial Review.--In every biennial review conducted pursuant to section 11 of the Communications Act of 1934 (47 U.S.C. Sec. 161), the Commission shall-- (1) make a determination as to whether or not a difference or disparity in treatment, if any, that continues to apply under subsection (b), or under this subsection after subsequent review under this subsection, should continue to apply in the public interest; and (2) if the Commission determines that such difference or disparity in treatment should not continue to apply in the public interest, modify its regulations in order to eliminate such difference or disparity in treatment. (d) Advanced Service Defined.--In this section, the terms ``advanced service'' and ``high-speed Internet access service'' have the meanings given those terms in section 262(h)(4) of the Communications Act of 1934, as added by section 2 of this Act.

Broadband Deployment and Competition Enhancement Act of 2001 - Amends the Communications Act of 1934 to prohibit subjecting an incumbent local exchange carrier (carrier) to common carrier regulation with respect to any optical fiber facility, or any technology of a similar facility, in the carrier's network that is used to provide service to residential customers and that is or was deployed where no outside telephone distribution plant previously existed, or from any structure or premise to a customer premise, if the facility is capable of providing advance service. Prohibits subjecting such a carrier to such regulation with respect to packet switching or successor technology or the resale of advanced service or high-speed Internet access service. Requires such carrier to provide: (1) collocation in its central offices with respect to equipment used in the provision of advanced service; and (2) advanced service to all of its customers in a State within five years after the enactment of this Act, making carriers that do not so comply subject to common carrier regulation thereafter.Prohibits requiring such a carrier to convert to a network element or combination of network elements any special access circuit being provided on June 1, 2001.Requires the Federal Communications Commission to identify in its regulations any requirements or obligations that result in different or disparate treatment among various types of providers of advanced service and high-speed Internet access service, or among different technologies used to provide such service.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Dual Incentive Education Act of 2002''. SEC. 2. GRADUATE STUDY REIMBURSEMENTS FOR CERTAIN LEGISLATIVE BRANCH EMPLOYEES. (a) In General.--The head of each employing office in the legislative branch may make payments to an eligible employee of the office to reimburse the employee for tuition and fees paid by the employee to an institution of higher education during a semester for enrollment in a program of post-baccalaureate study leading to a graduate degree. (b) Amount of Payment.--The amount of a payment made to an eligible employee under this Act shall be equal to the amount of tuition and fees paid by the employee to the institution of higher education for the semester (excluding any portion of such tuition and fees covered by a scholarship or other type of financial assistance which does not consist of a student loan), except that such amount may not exceed $3,000. SEC. 3. ELIGIBILITY OF EMPLOYEES. (a) In General.--For purposes of this section, an employee is eligible to receive a payment under this Act if-- (1) at the time the first payment is made to the employee under this Act, the employee has been continuously employed on a full-time basis by an employing office for not fewer than 12 consecutive months; (2) with respect to the semester for which the payment is made, the employee meets the student assistance eligibility requirements of section 484(a) of the Higher Education Assistance Act of 1965 (20 U.S.C. 1091(a)); (3) with respect to the semester for which the payment is made, the employee provides the head of the employing office with a certification from the institution of higher education in which the employee is enrolled of the employee's enrollment in a graduate program and of the amount of tuition and fees paid by the employee to the institution; (4) the employee has not received a payment under this Act for enrollment in another program of post-baccalaureate study, except that nothing in this paragraph may be construed to prohibit an employee from receiving a payment for enrollment in a program leading to more than one graduate degree; and (5) the employee provides the office with such other information and assurances as the head of the office may require. (b) Treatment of Payments as Addition to Basic Pay.--Any payment made to an eligible employee under this Act shall be in addition to basic pay and any other form of compensation otherwise payable to the employee involved. SEC. 4. PERMITTING PAYMENTS FOR PREVIOUS ENROLLMENT. An employing office which makes a payment under this Act to an eligible employee with respect to a semester may make a payment under this Act with respect to any semester occurring during the 12-month period which ends on the first day of the first semester for which a payment is made to the employee by such office under this Act if-- (1) the payment is made with respect to the same program of post-baccalaureate study for which the first payment is made to the employee by such office under this Act; and (2) the employee meets the eligibility requirements of section 3 with respect to such semester. SEC. 5. ASSISTANCE OF SECRETARY OF EDUCATION. The Secretary of Education shall assist employing offices in the legislative branch in carrying out this Act. SEC. 6. EMPLOYING OFFICE DEFINED. The term ``employing office in the legislative branch'' means any of the following: (1) The personal office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress). (2) A committee of the House of Representatives or a joint committee, except that the majority and minority office of such a committee shall each be considered as a separate employing office in the legislative branch. (3) Any other office headed by a person with the final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of an employee of the House of Representatives. (4) The Office of the Architect of the Capitol. (5) The Capitol Police Board. (6) The Congressional Budget Office. (7) The General Accounting Office. (8) The Government Printing Office. (9) The Library of Congress (including the Congressional Research Service). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to each employing office such sums as may be necessary for making graduate study payments under this Act in fiscal year 2003 and each succeeding fiscal year.

Dual Incentive Education Act of 2002 - Permits the heads of legislative branch employing offices to make payments to employees of up to $3,000 for reimbursement of tuition and fees for a semester of graduate study. Requires beneficiaries to have been employed full-time for at least 12 consecutive months and to meet the student assistance eligibility requirements of the Higher Education Assistance Act of 1965. Excludes payments for any portion of tuition and fees covered by a scholarship or other type of financial assistance that does not consist of a student loan.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Speech Protection Act of 2008''. SEC. 2. FINDINGS. The Congress finds the following: (1) The freedom of speech and the press is enshrined in the First Amendment to the United States Constitution. (2) Free speech, the free exchange of information, and the free expression of ideas and opinions are essential to the functioning of representative democracy in the United States. (3) The free expression and publication by journalists, academics, commentators, experts, and others of the information they uncover and develop through research and study is essential to the formation of sound public policy and thus to the security of Americans. (4) The First Amendment jurisprudence of the Supreme Court, articulated in such precedents as New York Times v. Sullivan, 376 U.S. 254 (1964), and its progeny, reflects the fundamental value that Americans place on promoting the free exchange of ideas and information, requiring in cases involving public figures a demonstration of actual malice--that is, that allegedly defamatory, libelous, or slanderous statements about public figures are not merely false but made with knowledge of that falsity or with reckless disregard of their truth or falsity. (5) Some persons are obstructing the free expression rights of Americans, and the vital interest of the American people in receiving information on matters of public importance, by first seeking out foreign jurisdictions that do not provide the full extent of free-speech protection that is fundamental in the United States and then suing Americans in such jurisdictions in defamation actions based on speech uttered or published in the United States--speech that is fully protected under First Amendment jurisprudence in the United States and the laws of the several States and the District of Columbia. (6) Some of these actions are intended not only to suppress the free speech rights of journalists, academics, commentators, experts, and other individuals but to intimidate publishers and other organizations that might otherwise disseminate or support the work of those individuals with the threat of prohibitive foreign lawsuits, litigation expenses, and judgments that provide for money damages and other speech-suppressing relief. (7) The governments and courts of some foreign countries have failed to curtail this practice, permitting lawsuits filed by persons who are often not citizens of those countries, under circumstances where there is often little or no basis for jurisdiction over the Americans against whom such suits are brought. (8) Some of the plaintiffs bringing such suits are intentionally and strategically refraining from filing their suits in the United States, even though the speech at issue was published in the United States, in order to avoid the Supreme Court's First Amendment jurisprudence and frustrate the protections it affords Americans. (9) The Americans against whom such suits are brought must consequently endure the prohibitive expense, inconvenience, and anxiety attendant to being sued in foreign courts for conduct that is protected by the First Amendment, or decline to answer such suits and risk the entry of costly default judgments that may be executed in countries other than the United States where those individuals travel or own property. (10) Journalists, academics, commentators, experts, and others subjected to such suits are suffering concrete and profound financial and professional damage for engaging in conduct that is protected under the United States Constitution and essential to informing the American people, their representatives, and other policy-makers. (11) In turn, the American people are suffering concrete and profound harm because they, their representatives, and other government policymakers rely on the free expression of information, ideas, and opinions developed by responsible journalists, academics, commentators, experts, and others for the formulation of sound public policy, including national security policy. (12) The United States respects the sovereign right of other countries to enact their own laws regarding speech, and seeks only to protect the First Amendment rights of Americans in connection with speech that occurs, in whole or in part, in the United States. SEC. 3. FEDERAL CAUSE OF ACTION. (a) Cause of Action.--Any United States person against whom a lawsuit is brought in a foreign country for defamation on the basis of the content of any writing, utterance, or other speech by that person that has been published, uttered, or otherwise disseminated in the United States may bring an action in a United States district court specified in subsection (f) against any person who, or entity which, brought the foreign suit if the writing, utterance, or other speech at issue in the foreign lawsuit does not constitute defamation under United States law. (b) Jurisdiction.--It shall be sufficient to establish jurisdiction over the person or entity bringing a foreign lawsuit described in subsection (a) that such person or entity has filed the lawsuit against a United States person, or that such United States person has assets in the United States against which the claimant in the foreign action could execute if a judgment in the foreign lawsuit were awarded. (c) Remedies.-- (1) Order to bar enforcement and other injunctive relief.-- If the cause of action set forth in subsection (a) is established, the district court shall order that any foreign judgment in the foreign lawsuit in question may not be enforced in the United States, including by any Federal, State, or local court, and may order such other injunctive relief that the court considers appropriate to protect the right to free speech under the First Amendment to the United States Constitution. (2) Damages.--In addition to the remedy under paragraph (1), damages may be awarded to the United States person bringing the action under subsection (a), based on the following: (A) The amount of the foreign judgment. (B) The costs, including all legal fees, attributable to the foreign lawsuit that have been borne by the United States person. (C) The harm caused to the United States person due to decreased opportunities to publish, conduct research, or generate funding. (d) Treble Damages.--If, in an action brought under subsection (a), the factfinder determines by a preponderance of the evidence that the person or entity bringing the foreign lawsuit at issue intentionally engaged in a scheme to suppress First Amendment rights by discouraging publishers or other media not to publish, or discouraging employers, contractors, donors, sponsors, or similar financial supporters not to employ, retain, or support, the research, writing, or other speech of a journalist, academic, commentator, expert, or other individual, the factfinder may award treble damages. (e) Expedited Discovery.--Upon the filing of an action under subsection (a), the court may order expedited discovery if the court determines, based on the allegations in the complaint, that the speech at issue in the foreign defamation action is protected by the First Amendment to the United States Constitution. (f) Venue.--An action under subsection (a) may be brought by a United States person only in a United States district court in which the United States person is domiciled, does business, or owns real property that could be executed against in satisfaction of a judgment in the foreign defamation lawsuit giving rise to the action. (g) Timing of Action; Statute of Limitations.-- (1) Timing.--An action under subsection (a) may be commenced after the filing of the defamation lawsuit in a foreign country on which the action is based. (2) Statute of limitations.--For purposes of section 1658(a) of title 28, United States Code, the cause of action under subsection (a) accrues on the date on which the defamation lawsuit in a foreign country on which the cause of action is based is filed. SEC. 4. APPLICABILITY. This Act applies with respect to any foreign lawsuit that is described in section 3(a) and is brought in the foreign country concerned before, on, or after the date of the enactment of this Act. SEC. 5. CONSTRUCTION. Nothing in this Act limits the right of foreign litigants who bring good faith defamation actions to prevail against journalists, academics, commentators, and others who have failed to adhere to standards of professionalism by publishing false information maliciously or recklessly. SEC. 6. DEFINITIONS. In this Act: (1) Defamation.--The term ``defamation'' means any action for defamation, libel, slander, or similar claim alleging that forms of speech are false or have caused damage to reputation. (2) Foreign country.--The term ``foreign country'' means any country other than the United States. (3) Foreign judgment.--The term ``foreign judgment'' means any judgment of a foreign country, including the court system of a foreign country, that grants or denies any form of relief, including injunctive relief and monetary damages, in a defamation action. (4) United states.--The term ``United States'' means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (5) United states person.--The term ``United States person'' includes a United States citizen, an alien lawfully admitted for permanent residence to the United States, and a business entity lawfully doing business in the United States.

Free Speech Protection Act of 2008 - Allows any U.S. person against whom a lawsuit for defamation is brought in a foreign country on the basis of the content of any speech by that person that has been published, uttered, or otherwise disseminated in the United States to bring an action in a U.S. district court against any person who, or entity which, brought the suit, if the speech at issue in the foreign lawsuit does not constitute defamation under U.S. law. Allows the award of treble damages if it is determined by a preponderance of the evidence that the person or entity bringing the foreign lawsuit intentionally engaged in a scheme to suppress rights under the First Amendment to the Constitution by discouraging publishers or other media from publishing, or by discouraging financial supporters from employing, retaining, or supporting the research, writing, or other speech of an individual.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Autofill Act of 2015''. SEC. 2. AUTOMATED PARTIALLY PRE-POPULATED TAX RETURNS. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7529. AUTOMATED PARTIALLY PRE-POPULATED TAX RETURNS. ``(a) Establishment of Program.--The Secretary shall establish a program under which taxpayers may download forms relating to the individual income tax returns that are populated with return information reported to the Secretary under chapter 61 and reported to the Secretary pursuant to section 232 of the Social Security Act. ``(b) Requirements Relating to Information.-- ``(1) Deadline for making information available.--The Secretary shall make such return information available under the program established under subsection (a) not later than 15 days after the Secretary receives such information. ``(2) Format of information made available.--Return information shall be made available under the program established under subsection (a) in both a printable document file suitable for manual completion and filing and in a computer-readable form suitable for use by automated tax preparation software. ``(c) Autofill Service Deadlines.-- ``(1) Standards.--Not later than October 31, 2015, the Secretary shall-- ``(A) establish standards for data download to tax preparation software, and ``(B) provide a demonstration server for downloading the partially populated printable document file. ``(2) Tax forms.--Not later than February 15, 2016, and annually thereafter, the Secretary shall provide on the Secretary's Web site a secure function that allows a taxpayer to download, as both a printable document file and in a form suitable for input to automatic tax preparation software, the 1040, 1040A, and 1040EZ forms that are populated with information with respect to the taxpayer that is reported under chapter 61 or any other provision of this title under which reporting of information is required. ``(d) Taxpayer Responsibility.--Nothing in this section shall be construed to absolve the taxpayer from full responsibility for the accuracy or completeness of his return of tax. ``(e) Disclaimer.--Before any form can be downloaded under the program established under subsection (a), taxpayer must acknowledge that-- ``(1) the taxpayer is responsible for the accuracy of his return, and ``(2) all information provided in the downloadable form under such program needs to be verified. ``(f) Information Provided for Wage and Self-Employment Income.-- For purposes of subsection (a)-- ``(1) Information related to calendar year 2015.--In the case of information relating to wages paid, and amounts of self-employment income, for calendar year 2015 required to be provided to the Commissioner of Social Security under section 205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)), the Commissioner shall, using best efforts, make such information available to the Secretary not later than January 31, 2016. ``(2) Information related to calendar year 2016 and thereafter.--In the case of information relating to wages paid, and amounts of self-employment income, for any calendar year after 2015 required to be provided to the Commissioner of Social Security under section 205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)), the Commissioner shall make such information available to the Secretary not later than the January 31 of the calendar year following the calendar year to which such wages and self-employment income relate.''. (b) Filing Deadline for Information Returns.--Section 6071(b) of such Code is amended to read as follows: ``(b) Information Returns.--Returns made under part III of this subchapter shall be filed on or before January 31 of the year following the calendar year to which such returns relate. Section 6081 shall not apply to returns under such part III.''. (c) Conforming Amendment to Social Security Act.--Section 205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)) is amended by adding at the end the following new sentence: ``For purposes of the preceding sentence, the Commissioner shall require that information relating to wages paid, and amounts of self-employment income, be provided to the Commissioner not later than January 31 of the year following the calendar year to which such wages and self- employment income relate.''. (d) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Automated partially pre-populated tax returns.''. (e) Effective Date.--The amendments made by this section shall apply to returns for taxable years beginning after December 31, 2014.

Autofill Act of 2015 Amends the Internal Revenue Code to require the Department of the Treasury to: (1) establish a program to allow taxpayers to download income tax forms that are populated with tax return information (e.g., wages, withholding, and self-employment income) previously reported to Treasury for the taxable year; (2) establish standards by October 31, 2015, for data download to tax preparation software; and (3) provide, not later than February 15, 2016, and annually thereafter, on the website of Treasury a secure function that allows a taxpayer to download, as both a printable document file and in a form suitable for input to automatic tax preparation software, the 1040, 1040A, and 1040EZ forms that are populated with tax return information previously reported to Treasury. Establishes deadlines for reporting tax return information to Treasury and for making such information available for populating tax returns.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Humanitarian Assistance Facilitation Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The 2011-2012 drought in East Africa, part of a persistent weather trend in the region, was exacerbated by stagnating agricultural development and unsustainable forms of livelihood. Moreover, in Somalia, the hardest hit country in the region, the terrorist group al-Shabaab obstructed the delivery of humanitarian assistance and directly threatened aid agencies. Thus, the famine was a foreseeable and, with unimpeded delivery of aid, a preventable event. (2) It is estimated that 4 million Somalis were affected by the drought and famine in the region and several million remain vulnerable to this day. According to the May 2013 report issued by the United Nations Food and Agriculture Organization and the Famine Early Warning System Network, the Somalia famine resulted in 258,000 deaths between October 2010 and April 2012. More than half of those deaths were children under the age of five. (3) Because of laws prohibiting activities that may directly or indirectly support terrorist organizations, a general or specific license issued by the Department of the Treasury's Office of Foreign Assets Control (OFAC) is needed to enable United States humanitarian organizations to legally provide assistance in al-Shabaab-controlled areas of Somalia particularly with respect to activities that require interactions or dealings with al-Shabaab. (4) The United States Agency for International Development (USAID) has an OFAC-specific license to operate in these conditions in Somalia that covers the organizations that USAID funds, but not organizations that operate with their own funding or funding solely from non-United States Government sources, and also not the non-United States Government funding of organizations that operate with both United States Government and non-United States Government funding, unless USAID authorizes both types of funding to be covered under such OFAC-specific license. Organizations that operate in al- Shabaab-controlled areas without such a license can be subject to prosecution for violating United States law, at least with respect to activities or transactions that involve al-Shabaab, even incidentally. (5) Prior to OFAC issuing USAID its license, no licenses for humanitarian assistance to the people of Somalia were issued before the United Nations declared a famine in al- Shabaab-controlled areas of Somalia. (6) In pursuit of eliminating aid in any form to terrorist organizations, Executive orders have had the effect of undoing protections for humanitarian operations in areas controlled by such organizations previously contained in the International Emergency Economic Powers Act (50 U.S.C.1701 et seq.) and sections 2339A and 2339B of title 18, United States Code (commonly known as the ``Material Support Statutes''). Furthermore, the prohibitions contained in such Executive orders and the Material Support Statutes discouraged and, in some instances, prohibited donors from contributing to aid efforts for all of Somalia. In some cases, the unintended consequences included preventing humanitarian organizations from establishing access to civilians and providing them with life-saving aid, while empowering terrorist organizations that became the sole conduit of aid. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that humanitarian organizations, acting in good faith and with the appropriate restrictions and controls in place, should not be prevented, directly or indirectly by Executive orders or counterterrorism laws, from accessing and providing aid to civilian populations before or early on in humanitarian crises, such as in the famine in al-Shabaab-controlled areas of Somalia. SEC. 4. AMENDMENTS TO SECTION 203 OF THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT. (a) Additional Exception.-- (1) In general.--Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702) is amended-- (A) in subsection (b)(2)-- (i) by inserting after ``to relieve human suffering'' the following: ``including donations to foreign persons subject to sanctions under this Act in order to achieve such purposes,''; and (ii) by striking ``or'' at the end; (B) by redesignating subsection (c) as subsection (d); and (C) by inserting after subsection (b) the following: ``(c) Additional Exception.-- ``(1) In general.--The authority granted to the President by this section does not include the authority to further restrict, by regulation or otherwise, directly or indirectly-- ``(A) transactions, by a person subject to the jurisdiction of the United States, with a foreign person that is subject to sanctions under this Act that are customary, necessary, and incidental to the donation or provision of goods or services by the person subject to the jurisdiction of the United States or its foreign representatives to civilian populations to prevent or alleviate the suffering of such civilian populations, if-- ``(i) the person subject to the jurisdiction of the United States has acted in good faith without intent to further the aims or objectives of the foreign person and has used its best efforts to minimize any such transactions; ``(ii) the goods or services provided to the civilian population-- ``(I) are limited to articles such as food, clothing, and medicine; and ``(II) are not capable of being used to carry out any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii))); ``(iii) the person subject to the jurisdiction of the United States-- ``(I) prior to, or not later than 10 business days after, the first instance of entering into any transaction described in this subparagraph, provides to the Secretary of State initial notice summarizing the nature and extent of its operations in connection with providing such goods or services; and ``(II) at least once each year during which the person enters into any transaction described in this subparagraph, provides to the Secretary of State subsequent notice summarizing the nature and extent of its operations in connection with donating or providing such goods or services; and ``(iv) the person, including any director, officer, or employee of the person, is not the subject of or directly named in any publicly- available debarment, suspension, or Executive order that prohibits receipt of funding from the United States Government; and ``(B) engaging in any speech or communication with a foreign person that is subject to sanctions under this Act to prevent or alleviate the suffering of a civilian population, including speech or communication to reduce or eliminate the frequency and severity of violent conflict and reducing its impact on the civilian population. ``(2) Rule of construction.--Nothing contained in paragraph (1) shall be construed to authorize the President to prohibit the export of standard, commercially-available goods or services, including communications equipment, software and computers, that are necessary to carry out operations related to the provision of goods or services to prevent or alleviate the suffering of civilian populations that are under the control of a foreign person subject to sanctions under this Act.''. (2) Effective date.--The amendments made by paragraph (1) take effect on the date of enactment of this Act and apply with respect to transactions described in section 203(c)(1) of the International Emergency Economic Powers Act, as added by paragraph (1), entered into on or after such date of enactment. (b) Advisory Council To Prevent and Alleviate Human Suffering in Areas Under the Control of Certain Sanctioned Foreign Persons.--Section 203 of the International Emergency Economic Powers Act (50 U.S.C.1702), as amended by subsection (a) of this section, is further amended by adding at the end the following: ``(e) Advisory Council To Prevent and Respond to Human Suffering in Areas Affected by Certain Sanctioned Foreign Persons.-- ``(1) Establishment.--No later than 90 days after the date of enactment of the Humanitarian Assistance Facilitation Act of 2013, the Secretary of State shall, in consultation with the Attorney General, Secretary of Defense, Secretary of the Treasury and the Secretary of Commerce, establish an Advisory Council on United States Policy Related to Non-Governmental Activities to Prevent and Respond to Human Suffering in Areas Affected By Certain Sanctioned Foreign Persons (hereafter in this subsection referred to as the `Advisory Council'). ``(2) Membership.--The Advisory Council shall be composed of not less than 15 members appointed by the Secretary of State from among individuals who are experts in the fields of peace- building, humanitarian aid in areas of armed conflict, representatives from organizations directly involved in the delivery of aid in areas of armed conflict, and other experts with relevant expertise as determined by the Secretary of State. ``(3) Duties.--The Advisory Council shall-- ``(A) review existing laws, regulations, Executive orders, and administrative actions regulating or prohibiting, directly or indirectly, peacebuilding activities and the provision of humanitarian aid and development assistance in areas under the control of foreign persons that are subject to sanctions under United States law; ``(B) conduct additional research and study as necessary on the subjects of counter-terrorism and security measures in relation to the delivery of humanitarian aid and development assistance; ``(C) report to the Secretary of State on its findings; and ``(D) make recommendations to the Secretary of State and other officials described in paragraph (1) (as appropriate) on the most efficient and effective means of limiting diversion of humanitarian aid and development assistance while also preserving the impartiality of humanitarian aid and development assistance and the ability of humanitarian organizations to prevent and relieve human suffering of civilian populations. ``(4) Termination.--Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) (relating to termination of advisory committees) shall not apply to the Advisory Council.''. SEC. 5. AMENDMENTS TO SECTION 2339B OF TITLE 18, UNITED STATES CODE. (a) Definition of Material Support or Resources.--Section 2339B(g)(4) of title 18, United States Code, is amended by adding at the end before the semicolon the following: ``, except that such term does not include engaging in speech or communication with a terrorist organization to prevent or alleviate the suffering of a civilian population, including speech or communication to reduce or eliminate the frequency and severity of violent conflict and reducing its impact on the civilian population''. (b) Additional Exception.--Section 2339B(j) of title 18, United States Code, is amended-- (1) by striking ``No person'' and inserting the following: ``(1) In general.--No person''; and (2) by adding at the end the following: ``(2) Additional exception.--No person may be prosecuted under this section in connection with knowingly providing `material support or resources' to a foreign terrorist organization, or attempting or conspiring to do so, if-- ``(A) the material support or resources consists only of transactions that are customary, necessary, and incidental to the donation or provision of goods or services by persons who are not controlled by the foreign terrorist organization to civilian populations, if-- ``(i) the goods or services are limited articles such as food, clothing, and medicine intended to be used to relieve human suffering; and ``(ii) the goods or services are not capable of being used to carry out any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii))); ``(B) the person, in donating or providing such goods or services to the civilian population, acts in good faith without intent to further the aims or objectives of the foreign terrorist organization and uses its best efforts to minimize any transaction with a foreign terrorist organization; ``(C) the person-- ``(i) prior to, or not later than 10 business days after, the first instance of entering into any transaction described in subparagraph (A), provides to the Secretary of State notice summarizing the nature and extent of its operations in connection with providing such goods or services; and ``(ii) at least once each year during which the person enters into any transaction described in subparagraph (A), provides to the Secretary of State notice summarizing the nature and extent of its operations in connection with providing such goods or services; and ``(D) the person donating or providing such goods or services, including any director, officer, or employee of the person is not the subject of or directly named in any publicly-available debarment, suspension, or Executive order that prohibits receipt of funding from the Federal Government.''. (3) Effective date.--The amendments made by paragraphs (1) and (2) take effect on the date of enactment of this Act and apply with respect to transactions described in section 2339B(j)(2) of title 18, United States Code, as added by paragraph (2), entered into on or after such date of enactment.

Humanitarian Assistance Facilitation Act of 2013 - Expresses the sense of Congress that humanitarian organizations acting in good faith and with the appropriate restrictions and controls in place should not be prevented from providing aid to civilian populations before or early on in humanitarian crises, such as in the famine in al-Shabaab-controlled areas of Somalia. Amends the International Emergency Economic Powers Act to permit under specified conditions persons subject to U.S. jurisdiction to enter into transactions with certain sanctioned foreign persons that are customary, necessary, and incidental to the donation or provision of goods or services to prevent or alleviate the suffering of civilian populations. Directs the Secretary of State to establish an Advisory Council on United States Policy Related to Non-Governmental Activities to Prevent and Respond to Human Suffering in Areas Affected By Certain Sanctioned Foreign Persons. Amends the federal criminal code to exclude from the definition of "material support or resources" (regarding foreign terrorist organizations) engaging in speech or communication with a terrorist organization to prevent or alleviate the suffering of a civilian population, including speech or communication to reduce or eliminate the frequency and severity of violent conflict and reducing its impact on the civilian population.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection from Sexual Predators Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) rape and sexual assaults continue to be serious threats to the safety of communities across America; (2) sexual offenders are much more likely than any other category of criminals to repeat their crimes again and again, even after serving time in prison; (3) the average rape sentence is just 10\1/2\ years, and the average time served is half of that, approximately 5 years; and (4) repeat sexual offenders frequently strike in more than one State and, while States have primary responsibility for the prosecution of sexual offenders, the option of Federal prosecution provides a needed additional tool to safeguard communities victimized by these individuals. (b) Sense of Congress.--It is the sense of Congress that-- (1) States should more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with a first-time sexual offender and whether to grant parole to sexual offenders; and (2) States should review their treatment and parole supervision programs for sexual offenders to assure that these programs are fulfilling their goals, and, if they are not, these programs should be immediately replaced or abandoned. SEC. 3. FEDERAL JURISDICTION OVER RAPE AND SEXUAL ASSAULT CASES. Section 2241 of title 18, United States Code, is amended by adding at the end the following: ``(e) Punishment for Sexual Predators.--(1) Whoever, in a circumstance described in paragraph (2) of this subsection-- ``(A) violates this section; or ``(B) engages in conduct that would violate this section, if the conduct had occurred in the special maritime and territorial jurisdiction of the United States, and-- ``(i) that conduct is in interstate or foreign commerce; ``(ii) the person engaging in that conduct crossed a State line with intent to engage in the conduct; or ``(iii) the person engaging in that conduct thereafter engages in conduct that is a violation of section 1073(1) with respect to an offense that consists of the conduct so engaged in; shall be imprisoned for life. ``(2) The circumstance referred to in paragraph (1) of this subsection is that the defendant has previously been convicted of another State or Federal offense for conduct which-- ``(A) is an offense under this section or section 2242 of this title; or ``(B) would have been an offense under either of such sections if the offense had occurred in the special maritime or territorial jurisdiction of the United States.''. SEC. 4. ADDITIONAL CONDITION FOR TRUTH IN SENTENCING GRANTS. Section 20104 of the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end the following: ``(c) Additional Requirement.--A State is not eligible for a grant under this section unless such State has provided assurances to the Attorney General that such State has in effect laws which allow the court to impose a sentence of life in prison without parole on a defendant in a criminal case who is convicted of a State offense for conduct that-- ``(1) is an offense under section 2241 or 2242 of title 18, United States Code; or ``(2) would have been an offense under either of such sections if the offense had occurred in the special maritime or territorial jurisdiction of the United States; after having previously been convicted of another State or Federal offense for conduct that was an offense described in paragraph (1) or (2).''. SEC. 5. STUDY OF PERSISTENT SEXUAL PREDATORS. The National Institute of Justice, either directly or through grant, shall carry out a study of persistent sexual predators. Not later than one year after the date of the enactment of this Act, such Institute shall report to Congress and the President the results of such study. Such report shall include-- (1) a synthesis of current research in psychology, sociology, law, criminal justice, and other fields regarding persistent sexual offenders, including-- (A) common characteristics of such offenders; (B) recidivism rates for such offenders; (C) treatment techniques and their effectiveness; (D) responses of offenders to treatment and deterrence; and (E) the possibility of early intervention to prevent people from becoming sexual predators; and (2) an agenda for future research in this area.

Protection from Sexual Predators Act of 1997 - Expresses the sense of the Congress that States should: (1) more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with or grant parole to sexual offenders; and (2) review treatment and parole supervision programs for sexual offenders to assure that such programs are fulfilling their goals. Amends the Federal criminal code to provide that whoever violates provisions regarding aggravated sexual abuse (or engages in conduct that would violate such provisions if the conduct had occurred in the special maritime and territorial jurisdiction of the United States under specified circumstances) after previously having been convicted of another State or Federal sexual abuse offense (or conduct which would have been such an offense if the offense had occurred in such jurisdiction) shall be imprisoned for life. Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for a truth in sentencing incentive grant, to provide assurances to the Attorney General that such State has in effect laws which allow the court to impose a sentence of life in prison without parole on a defendant in a criminal case who is convicted of a State offense for conduct which is a sexual abuse or aggravated sexual abuse offense under the Federal criminal code (or which would have been an offense under such provisions if the offense had occurred in U.S. jurisdiction) after having previously been convicted of another State or Federal sexual abuse or aggravated sexual abuse offense. Requires the National Institute of Justice to carry out a study of persistent sexual predators and to report to the Congress and the President.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Rental Housing Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) There is a pressing and increasing need for rental housing for rural families and senior citizens, as evidenced by the fact that-- (A) two-thirds of extremely low-income and very low-income rural households do not have access to affordable rental housing units; (B) more than 900,000 rural rental households (10.4 percent) live in either severely or moderately inadequate housing; and (C) substandard housing is a problem for 547,000 rural renters, and approximately 165,000 rural rental units are overcrowded. (2) Many rural United States households live with serious housing problems, including a lack of basic water and wastewater services, structural insufficiencies, and overcrowding, as shown by the fact that-- (A) 28 percent, or 10,400,000, rural households in the United States live with some kind of serious housing problem; (B) approximately 1,000,000 rural renters have multiple housing problems; and (C) an estimated 2,600,000 rural households live in substandard housing with severe structural damage or without indoor plumbing, heat, or electricity. (3) In rural America-- (A) one-third of all renters pay more than 30 percent of their income for housing; (B) 20 percent of rural renters pay more than 50 percent of their income for housing; and (C) 92 percent of all rural renters with significant housing problems pay more than 50 percent of their income for housing costs, and 60 percent pay more than 70 percent of their income for housing. (4) Rural economies are often less diverse, and therefore, jobs and economic opportunity are limited because-- (A) factors that exist in rural environments, such as remoteness and low population density, lead to limited access to many forces driving the economy, such as technology, lending, and investment; and (B) local expertise is often limited in rural areas where the economies are focused on farming or natural resource-based industries. (5) Rural areas have less access to credit than metropolitan areas since-- (A) banks and other investors that look for larger projects with lower risk seek metropolitan areas for loans and investment; (B) credit that is available is often insufficient, leading to the need for interim or bridge financing; and (C) credit in rural areas is often more expensive and available at less favorable terms than in metropolitan areas. (6) The Federal Government investment in rural rental housing has dropped during the last 10 years, as evidenced by the fact that-- (A) Federal spending for rural rental housing has been cut by 73 percent since 1994; and (B) rural rental housing unit production financed by the Federal Government has been reduced by 88 percent since 1990. (7) To address the scarcity of rural rental housing, the Federal Government must work in partnership with State and local governments, private financial institutions, private philanthropic institutions, and the private sector, including nonprofit organizations. SEC. 3. DEFINITIONS. In this Act: (1) Eligible project.--The term ``eligible project'' means a project for the acquisition, rehabilitation, or construction of rental housing and related facilities in an eligible rural area for occupancy by low-income families. (2) Eligible rural area.--The term ``eligible rural area'' means a rural area with a population of not more than 25,000, as determined by the most recent decennial census of the United States, and that is located outside an urbanized area. (3) Eligible sponsor.--The term ``eligible sponsor'' means a public agency, an Indian tribe, a for-profit corporation, or a private nonprofit corporation-- (A) a purpose of which is planning, developing, or managing housing or community development projects in rural areas; and (B) that has a record of accomplishment in housing or community development and meets other criteria established by the Secretary by regulation. (4) Low-income families.--The term ``low-income families'' has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (5) Qualified intermediary.--The term ``qualified intermediary'' means a State, a State agency designated by the Governor of the State, a public instrumentality of the State, a private nonprofit community development corporation, a nonprofit housing corporation, a community development loan fund, or a community development credit union, that-- (A) has a record of providing technical and financial assistance for housing and community development activities in rural areas; and (B) has a demonstrated technical and financial capacity to administer assistance made available under this Act. (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (7) State.--The term ``State'' means each of the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territories of the Pacific, and any other possession of the United States. SEC. 4. RURAL RENTAL HOUSING ASSISTANCE. (a) In General.--The Secretary may, directly or through 1 or more qualified intermediaries in accordance with section 5, make assistance available to eligible sponsors in the form of loans, grants, interest subsidies, annuities, and other forms of financing assistance, to finance the eligible projects. (b) Applications.-- (1) In general.--To be eligible to receive assistance under this section, an eligible sponsor shall submit to the Secretary, or a qualified intermediary, an application in such form and containing such information as the Secretary shall require by regulation. (2) Affordability restriction.--Each application under this subsection shall include a certification by the applicant that the housing to be acquired, rehabilitated, or constructed with assistance under this section will remain affordable for low- income families for not less than 30 years. (c) Priority for Assistance.--In selecting among applicants for assistance under this section, the Secretary, or a qualified intermediary, shall give priority to providing assistance to eligible projects-- (1) for very low-income families (as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (2) in low-income communities or in communities with a severe lack of affordable rental housing, in eligible rural areas, as determined by the Secretary; or (3) if the applications are submitted by public agencies, Indian tribes, private nonprofit corporations or limited dividend corporations in which the general partner is a non- profit entity whose principal purposes include planning, developing and managing low-income housing and community development projects. (d) Allocation of Assistance.-- (1) In general.--In carrying out this section, the Secretary shall allocate assistance among the States, taking into account the incidence of rural substandard housing and rural poverty in each State and the share of that State of the national total of such incidence. (2) Small state minimum.--In making an allocation under paragraph (1), the Secretary shall provide each state an amount not less than $2,000,000. (e) Limitations on Amount of Assistance.-- (1) In general.--Except as provided in paragraph (2), assistance made available under this Act may not exceed 50 percent of the total cost of the eligible project. (2) Exception.--Assistance authorized under this Act shall not exceed 75 percent of the total cost of the eligible project, if the project is for the acquisition, rehabilitation, or construction of not more than 20 rental housing units for use by very low-income families. SEC. 5. DELEGATION OF AUTHORITY. (a) In General.--The Secretary may delegate authority for distribution of assistance-- (1) to one or more qualified intermediaries in the State; and (2) for a period of not more than 3 years, at which time that delegation of authority shall be subject to renewal, in the discretion of the Secretary, for 1 or more additional periods of not more than 3 years. (b) Solicitation.-- (1) In general.--The Secretary may, in the discretion of the Secretary, solicit applications from qualified intermediaries for a delegation of authority under this section. (2) Contents of application.--Each application under this subsection shall include-- (A) a certification that the applicant will-- (i) provide matching funds from sources other than this Act in an amount that is not less than the amount of assistance provided to the applicant under this section; and (ii) distribute assistance to eligible sponsors in the State in accordance with section 4; and (B) a description of-- (i) the State or the area within a State to be served; (ii) the incidence of poverty and substandard housing in the State or area to be served; (iii) the technical and financial qualifications of the applicant; and (iv) the assistance sought and a proposed plan for the distribution of such assistance in accordance with section 4. (3) Multistate applications.--The Secretary may, in the discretion of the Secretary, seek application by qualified intermediaries for more than 1 State. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $250,000,000 for each of fiscal years 2004 through 2008.

Rural Rental Housing Act of 2003 - Authorizes the Secretary of Agriculture to provide rural rental assistance, with applicant priority given to very low-income families, low-income communities, rural areas, and communities with severe lack of affordable rental housing.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Medicare Reimbursement Demonstration Act of 1997''. SEC. 2. ESTABLISHMENT OF DEMONSTRATION PROJECT. (a) Authority.-- (1) In general.--The Secretary of Veterans Affairs and the Secretary of Health and Human Services shall jointly carry out a demonstration project under which the Secretary of Health and Human Services provides the Department of Veterans Affairs with reimbursement, determined in accordance with section 3, from the medicare program for health care services provided to targeted medicare-eligible veterans in or through facilities of the Department of Veterans Affairs selected under subsection (b). (2) Duration.--The Secretaries shall conduct the demonstration project during the three-year period beginning on January 1, 1998. (3) Waiver of certain medicare requirements.--To the extent necessary to carry out the demonstration project, the Secretary of Health and Human Services may waive any requirement of part B of title XI of the Social Security Act, title XVIII of that Act, or a related provision of law. (b) Selection of Participating Facilities.-- (1) Designation of service areas covered.--The Secretary of Veterans Affairs shall designate up to three geographic service areas from which facilities are selected to participate in the demonstration project. (2) Facility selection.-- (A) In general.--The Secretary, in consultation with the Secretary of Health and Human Services, shall establish a plan for the selection of facilities under the jurisdiction of the Secretary and located within a geographic service area designated under paragraph (1) to participate in the project. (B) General criteria.--The selection plan shall favor selection of those facilities that are suited to serve targeted medicare-eligible individuals because-- (i) there is a high potential demand by targeted medicare-eligible veterans for their services; (ii) they have sufficient capability in billing and accounting to participate; (iii) they have favorable indicators of quality of care, including patient satisfaction; and (iv) they meet other relevant factors identified in the plan. (C) Facility near closed base.--There shall be at least one facility selected that is in the same catchment area as a military medical facility which was closed pursuant to either of the following laws: (i) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). (ii) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (c) Voluntary Participation.--Participation of targeted medicare- eligible veterans in the demonstration project shall be voluntary, subject to the capacity of participating facilities and the funding limitations specified in section 3. (d) Cost Sharing.--The Secretary shall establish cost-sharing requirements for veterans participating in the demonstration project. Those requirements shall be the same as the requirements that apply to targeted medicare-eligible patients at nongovernmental facilities. (e) Crediting of Payments.--Payments received by the Secretary under the demonstration project shall be credited to the applicable Department of Veterans Affairs medical appropriation. SEC. 3. DETERMINATION OF REIMBURSEMENT AMOUNTS. (a) Payments Based on 95 Percent of Regular Medicare Payment Rates.-- (1) In general.--Subject to the succeeding provisions of this section, the Secretary of Health and Human Services shall reimburse the Secretary of Veterans Affairs for services provided under the demonstration project at a rate equal to 95 percent of the amounts that otherwise would be payable under the medicare program on a non-capitated basis for such services if the facility were not a Federal facility, were participating in the program, and imposed charges for such services. In cases in which a payment amount may not otherwise be readily computed, the Secretaries shall establish rules for computing equivalent or comparable payment amounts. (2) Periodic payments from medicare trust funds.--Payments under this section shall be made-- (A) on a periodic basis consistent with the periodicity of payments under the medicare program; and (B) in appropriate part, as determined by the Secretary of Health and Human Services, from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. (3) Annual limit on medicare payments.--The amount paid to the Department of Veterans Affairs under this section for any year for the demonstration project may not exceed $50,000,000. (b) Reduction in Payment for Failure to Maintain VA Effort.-- (1) In general.--In order to avoid shifting onto the medicare program the costs of the Department of Veterans Affairs for hospital care and medical services for targeted medicare-eligible veterans, the payment amounts under this section for the project for a year shall be reduced by the amount (if any) by which-- (A) the amount of the actual VA medical expenditures for targeted veterans (as defined in paragraph (3)) for the fiscal year ending in such year, is less than (B) the amount of the maintenance of effort level for such fiscal year, as determined under paragraph (2). (2) Maintenance of effort levels.--The maintenance of effort level for any fiscal year is the amount equal to the maintenance of effort level for the preceding fiscal year or, in the case of fiscal year 1998, the amount of VA medical expenditures for targeted veterans (as defined in paragraph (3)) for fiscal year 1997-- (A) increased or decreased by the same percentage as the percentage by which the amount of the medical care appropriation for the Department of Veterans Affairs for that fiscal year exceeds (or is less than, respectively) the amount of such appropriation for the preceding fiscal year; and (B) decreased by the amount of the decrease (if any) in VA medical expenditures for targeted veterans for that fiscal year (relative to the preceding fiscal year) that, as estimated by the Secretaries, results from-- (i) a rate of increase in the level of medical care appropriations for the Department of Veterans Affairs described in subparagraph (A) that is less than the general rate of increase in health care costs; and (ii) the reduction in priority in delivery of services to targeted medicare-eligible veterans attributable to the amendments made by title I of the Veterans' Health Care Eligibility Reform Act of 1996 (Public Law 104- 262; 110 Stat. 3177) and to implementation of the plan developed pursuant to section 429 of Public Law 104-204 (110 Stat. 2929). (3) VA medical expenditures for targeted veterans defined.--For purposes of this subsection, the term ``VA medical expenditures for targeted veterans'' means, with respect to a fiscal year, the amount expended by the Department of Veterans Affairs during the fiscal year for providing hospital care and medical services under chapter 17 of title 38, United States Code to targeted medicare-eligible veterans. Such amount does not include-- (A) expenditures for the conduct of medical examinations to adjudicate claims under such title, or (B) expenditures attributable to services for which reimbursement is made under the demonstration project. (c) Assuring No Increase in Cost to Medicare Program.-- (1) Monitoring impact on costs to medicare program.-- (A) In general.--The Secretaries, in consultation with the Comptroller General, shall closely monitor the expenditures made under the medicare program for targeted medicare-eligible veterans during the period of the demonstration project compared to the expenditures that would have been made for such veterans during that period if the demonstration project had not been conducted. (B) Auditing by the comptroller general.--Not later than December 31 of each year during which the demonstration project is conducted, the Comptroller General shall determine and submit to the Secretaries and the appropriate committees of Congress a report on the extent, if any, to which the costs of the Secretary of Health and Human Services under the medicare program increased during the preceding fiscal year as a result of the demonstration project. (2) Required response in case of increase in costs.-- (A) In general.--If the Secretaries find, based on paragraph (1), that the expenditures under the medicare program increased (or are expected to increase) during a fiscal year because of the demonstration project, the Secretaries shall take such steps as may be needed-- (i) to recoup for the medicare program the amount of such increase in expenditures; and (ii) to prevent any such increase in the future. (B) Steps.--Such steps-- (i) under subparagraph (A)(i) shall include payment of the amount of such increased expenditures by the Secretary from the current medical care appropriation of the Department of Veterans Affairs to the trust funds under the medicare trust program; and (ii) under subparagraph (A)(ii) shall include suspending or terminating the demonstration project (in whole or in part) or substitution of a lower percentage for 95 percent under subsection (a)(1). SEC. 4. EVALUATION AND REPORTS. (a) Annual Report by Independent Entity.-- (1) In general.--The Secretaries shall arrange for an independent entity with expertise in the evaluation of health services to conduct an ongoing evaluation of the demonstration project. (2) Annual reports.--The entity shall submit a report on the project jointly to the Secretaries and to the appropriate committees of the Congress not later than March 1 following each year during which the project is conducted. (3) Assessment.--Each such report shall include the results of the evaluation under subsection (a), including an assessment of each of the following: (A) The cost to the Department of Veterans Affairs of providing care to veterans under the project. (B) Compliance of participating facilities with applicable measures of quality of care, compared to such compliance for other medicare-participating facilities. (C) A comparison of the costs of facilities' participation in the program with the reimbursements provided for services of such facilities. (D) Any savings or costs to the medicare programs from the project. (E) Any change in access to care or quality of care for targeted medicare-eligible veterans participating in the project. (F) Any effect of the project on the access to care of veterans who did not participate in the project and of targeted medicare-eligible veterans. (b) Report on Extension and Expansion of Demonstration Project.-- Not later than six months after the date of the submission of the final report under subsection (a), the Secretaries shall submit to the Congress a report containing their recommendation as to-- (1) whether to extend the demonstration project or make it permanent; (2) whether to expand the project to cover additional sites and areas and to increase the maximum amount of reimbursement under the project in any year; and (3) whether the terms and conditions of the project should be continued (or modified) if the project is extended or expanded. (c) Recommendation Concerning New Demonstration Project for Payment to Managed Health-Care Plans.--Not later than March 1, 1999, the Secretaries shall submit to the appropriate committees of the Congress a report on the feasibility and advisability of establishing a new demonstration project to reimburse the Secretary of Veterans Affairs under section 1876(a) of the Social Security Act for health care services furnished to targeted medicare-eligible veterans enrolled in managed health-care plans established by the Secretary. SEC. 5. DEFINITIONS. For the purpose of this Act: (1) Demonstration project; project.--The terms ``demonstration project'' and ``project'' mean the demonstration project carried out under section 2(a). (2) Geographic service area.--The term ``geographic service area'' means a field component of the Veterans Health Administration that-- (A) is based on a geographic area which encompasses a population of veteran beneficiaries and is defined on the basis of natural patient referral patterns; and (B) provides health care through strategic alliances among Department of Veterans Affairs medical centers, clinics, and other sites. (3) Medicare program.--The term ``medicare program'' means the programs of health benefits provided under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (4) Secretary; secretaries.--Unless otherwise provided, the term ``Secretary'' means the Secretary of Veterans Affairs and the term ``Secretaries'' means the Secretary of Veterans Affairs and the Secretary of Health and Human Services acting jointly. (5) Targeted medicare-eligible veteran.--The term ``targeted medicare-eligible veteran'' means an individual-- (A) who is a veteran (as defined in section 101(2) of title 38, United States Code) described in section 1710(a)(3) of title 38, United States Code; (B) who is entitled to hospital insurance benefits under part A of the medicare program and enrolled in the supplementary medical insurance program under part B of the medicare program; and (C) whose annual income is an amount between the applicable income threshold under section 1722(b) of title 38, United States Code, and the amount equal to three times the amount of such applicable income threshold.

Veterans Medicare Reimbursement Demonstration Act of 1997 - Directs the Secretaries of Veterans Affairs (VA) and Health and Human Services (HHS) to jointly carry out a demonstration project, during the three-year period beginning on January 1, 1998, under which the HHS Secretary provides the VA with reimbursement from the Medicare program (title XVIII of the Social Security Act) for health-care services provided to targeted Medicare-eligible veterans in or through selected VA medical centers. Provides for the waiver of certain Medicare requirements in order to carry out the project. Requires the VA Secretary to establish a plan for the selection of up to 12 medical centers located in geographically dispersed locations for project participation. Requires at least one medical center selected to be in the same catchment area as a military medical facility which was closed pursuant to a defense base closure law. Requires project participation to be voluntary. Directs the VA Secretary to establish requirements for participating veterans. Authorizes the VA Secretary, in carrying out the demonstration project, to operate managed health care plans, either through the VA or public or private entities. Directs the Secretary to prescribe minimum health care benefits to be provided under such plans. Allows the Secretary to establish a managed health care plan only after: (1) reporting to the Congress a plan for the use of such centers and facilities; and (2) receiving from the VA Inspector General certain certifications relating to costs and conformity with health plan requirements. Requires project reimbursement at a rate equal to 95 percent of amounts that would otherwise be payable under the Medicare program if the facility was not a Federal facility, was participating in the project, and imposed charges for such services. Excludes certain amounts from such computation. Requires reimbursement payments periodically from Medicare trust funds, with an annual Medicare payment limit of $50 million, of which no more than $10 million may be used for the conduct of the project through managed health care plans. Requires reductions in such payments when the amount of the actual VA effort level for targeted veterans for that fiscal year is less than the amount of the VA effort level for FY 1997. Directs the Secretaries to compare the expenditures made under the project to the expenditures that would have been made for such veterans if the project had not been conducted, and to take appropriate steps if the expenditures under the Medicare program increased as a result of the project. Requires annual reports by the Comptroller General. Prohibits the VA Secretary from carrying out a demonstration project at a medical center until 30 days after reporting to the Congress on plans for the selection of appropriate centers. Requires: (1) an independent entity to conduct an ongoing project evaluation and report results to the Secretaries and appropriate congressional committees; and (2) a report from the Secretaries to the Congress on possible project extension and expansion.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Protection Home Inspection Counseling Act of 2012''. SEC. 2. HOME INSPECTION COUNSELING. Section 1451 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 1701x-1) is amended-- (1) in subsection (b)-- (A) by striking the subsection designation and all that follows through ``Each'' and inserting the following: ``(b) Requirement for FHA-Approved Lenders.-- ``(1) Requirement.--Each''; and (B) by adding at the end the following new paragraph: ``(2) Effective date; mortgagee letter.--Not later than the expiration of the 90-day period beginning upon the date of the enactment of the Consumer Protection Home Inspection Counseling Act of 2012, the Secretary shall publish a Mortgagee Letter informing mortgagees of their obligation under paragraph (1).''; (2) in subsection (c)-- (A) by striking the subsection designation and all that follows through ``Each'' and inserting the following: ``(c) Requirements for HUD-Approved Counseling Agencies.-- ``(1) Provision of materials.--Each''; (B) by striking ``subparagraphs (C) and (D) of''; and (C) by adding at the end the following new paragraphs: ``(2) Requirements for housing counselors.--Each person providing counseling for a housing counseling entity authorized, certified, or funded in whole or in part under section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) shall be trained through the voluntary home inspection training module established pursuant to subsection (d), shall distribute the counseling aids to be developed under this section, and shall explain the materials specified in subsection (a)(1) and other aids and materials set forth in this section. ``(3) Requirements for homeownership counseling programs.-- Any homeownership counseling program required under, or provided in connection with, any program administered by the Department of Housing and Urban Development shall be provided only by organizations or counselors certified by the Secretary pursuant to this section as competent to provide voluntary home inspection counseling. ``(4) Sanctions.--The Secretary may withhold, withdraw, or suspend housing counseling certifications for any housing counselor or counseling entity that fails to meet the requirements of this section.''; (3) in subsection (d)-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting ``; and''; (C) by redesignating paragraphs (1) through (4) (as so amended) as subparagraphs (A) through (D), respectively, and realigning such subparagraphs (as so redesignated) so as to be indented 4 ems from the left margin; (D) by striking the subsection designation and all that follows through ``shall include--'' and inserting the following: ``(d) Training.-- ``(1) Establishment.--The Secretary shall establish a comprehensive program to train staff of the Department, contractors, individuals, and entities that provide housing counseling under programs authorized, certified, or funded under section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) to also provide counseling to consumers on voluntary home inspection. ``(2) Requirements.--The training program established pursuant to this subsection shall include development of a training module to train counselors as well as counseling aids to be used by housing counselors and suitable for distribution to consumers. The training materials shall be written in plain language and shall be comprehensible to untrained consumers with or without ongoing assistance from housing counselors. Training provided under the program shall include--''; (E) in paragraph (2), as added by the amendment made by subparagraph (D) of this paragraph, by adding at the end the following new subparagraph: ``(E) Internet website references and information sufficient for counselors and homebuyers to locate and select a local professional home inspector.''; and (F) by adding at the end the following new paragraphs: ``(3) Content.--At a minimum, the home inspection counseling program established under this subsection, and the training module and counseling aids developed under this subsection, shall convey the following information: ``(A) That a home inspection in connection with purchase of a home is voluntary, but not mandatory, which means that the homebuyer must make a personal choice whether to obtain a home inspection. ``(B) That the Department of Housing and Urban Development recommends that homebuyers obtain a voluntary home inspection. ``(C) That a home inspection is an in-depth technical and objective examination of the physical structure and internal systems of the home, from the foundation to the roof, and should be performed by a trained and experienced professional home inspector. ``(D) That a home inspection is not required in the case of an FHA loan insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.) and that a home inspection is not performed by FHA. ``(E) That in most cases, no home inspection will be performed unless the homebuyer requests one. ``(F) That it is the burden of the homebuyer to arrange for a home inspection if one is requested. ``(G) That an appraisal is not equivalent to a home inspection. ``(H) That if the homebuyer chooses to obtain a home inspection, it is generally to the homebuyer's benefit to do so as early as possible. ``(I) That the homebuyer may ask to make the transaction contingent on the outcome of the home inspection and that the homebuyer may realize substantial financial benefits from the home inspection, including from identifying possible repairs that could be performed and paid for by the seller prior to the closing. ``(J) That the homebuyer should consider requesting a voluntary home inspection. ``(4) Additional guidance materials.--The Secretary shall develop, in consultation with national professional home inspector associations, additional guidance materials to educate housing counselors on how to advise consumers how to locate, interview, and select a professional home inspector, and on how consumers may independently locate, interview, and select a professional home inspector. The Secretary shall require that these materials be made available to counselors providing housing counseling under the programs referred to in this section.''; and (4) by adding at the end the following new subsections: ``(e) Certification of Counselors.-- ``(1) Protocol.--The Secretary shall, in the discretion of the Secretary, develop a new independent protocol, or amend existing protocols, to certify that housing counselors whose activities are authorized, certified, or funded in whole or in part under section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) have successfully completed training using the voluntary home inspection training module and counseling aids established and developed pursuant to this section. ``(2) Standards for materials and forms.--The Secretary shall establish standards and requirements for voluntary home inspection counseling materials and forms to be used, as appropriate, by organizations providing voluntary home inspection counseling. Such standards shall conform with the content requirements under this section. ``(f) Report.--Not later than the expiration of the 12-month period beginning upon the date of the enactment of the Consumer Protection Home Inspection Counseling Act of 2012, the Secretary shall submit a report to the Congress describing the actions that have been undertaken to comply with this section, disclosing the actions that are required under this section but have not at such time been addressed, assessing the results of this section that have been achieved at such time, identifying areas for improvement in the implementation of this section, and making recommendations to enhance implementation of this section.''.

Consumer Protection Home Inspection Counseling Act of 2012 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to direct the Secretary of Housing and Urban Development (HUD) to publish a Mortgagee Letter informing mortgagees of their obligation to provide prospective homebuyers with specified HUD public outreach publications concerning the importance of obtaining independent home inspections. Requires persons providing housing counseling for HUD-approved counseling agencies to: (1) be trained through a certain voluntary home inspection training module, and (2) distribute and explain certain counseling aids. Requires any homeownership counseling program under HUD auspices or administration to be provided only by organizations or counselors HUD-certified as competent to provide voluntary home inspection counseling. Authorizes HUD to withhold, withdraw, or suspend housing counseling certifications for any non-compliant housing counselor or counseling entity. Requires HUD to establish a comprehensive program to train HUD staff, contractors, individuals, and entities that provide housing counseling under specified HUD-funded programs also to provide counseling to consumers on voluntary home inspection. Requires such training program to include development of a training module to: (1) train counselors as well as counseling aids for use by housing counselors and suitable for distribution to consumers; and (2) be comprehensible to untrained consumers with or without ongoing assistance from housing counselors. Requires HUD, at the Secretary's discretion, to develop a new independent protocol, or amend existing protocols, to certify that such housing counselors have successfully completed training using the voluntary home inspection training module and counseling aids established under this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Developing Standards for Electronic Shipping Papers Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) The impacts of hazardous materials transportation incidents can be mitigated by effective response strategies, equipment, and training. (2) Shipping papers and manifests are essential tools for responding to incidents involving hazardous materials as they provide the disclosures needed to determine the proper response strategy. (3) While physical shipping papers must continue to be required under law in order to ensure that redundancies are in place to protect the safety of first responders, there should be efforts to modernize how hazardous materials information is disseminated. (4) The HM-ACCESS Program authorized in section 33005 of MAP-21 (49 U.S.C. 5121 note) is an important step for developing additional, innovative methods for disseminating hazardous material information electronically, but the pilot tests will not be completed until October 2015. (5) As transporters of hazardous materials in commerce deploy these innovative technologies on their own, efforts should be undertaken to ensure that best practices and voluntary standards are available until the HM-ACCESS pilot and subsequent rulemakings are completed so that transporters of hazardous materials will have guidelines to assist with their modernization effort while ensuring that first responders will have access to standardized information platforms and systems. SEC. 3. DEFINITIONS. In this Act: (1) Commerce and hazardous material.--The terms ``commerce'' and ``hazardous material'' have the meanings given such terms in section 5102 of title 49, United States Code. (2) Electronic shipping paper.--The term ``electronic shipping paper'' means an electronic version of the physical shipping paper that is-- (A) designed to convey the most current available hazard information required to be disclosed under section 5110(a) of title 49, United States Code; and (B) capable of being accessed instantaneously by emergency responders during an incident involving hazardous material being transported in commerce. SEC. 4. HAZARDOUS MATERIALS INFORMATION ADVISORY COMMITTEE. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary of Transportation shall establish a Hazardous Materials Information Advisory Committee composed of members appointed by the Secretary. (b) Membership.--Members appointed by the Secretary under subsection (a) shall represent the following individuals and entities: (1) Fire services personnel and management. (2) Law enforcement and other appropriate enforcement personnel. (3) Other emergency response providers. (4) Persons who transport hazardous material by air, highway, rail, or water. (5) Persons who offer hazardous material in commerce for transport by air, highway, rail, or water. (6) Employees of persons who transport or offer for transportation hazardous material in commerce by air, highway, rail, or water. (7) The Coast Guard and other relevant agencies. (8) Other individuals and entities determined appropriate by the Secretary. (c) Duties.--Not later than 120 days after the establishment of the Hazardous Materials Information Advisory Committee under subsection (a), the Committee shall-- (1) develop a voluntary standard for the use of electronic shipping papers until a rulemaking has been completed; (2) establish a standardized curriculum for training first responders and enforcement officials in the use of electronic shipping papers and other alternative means of communicating hazardous materials information; (3) provide recommendations and best practices for the use of electronic shipping papers by first responders in varying circumstances and locations; (4) provide recommendations and best practices to assist persons transporting hazardous materials in commerce in implementing electronic shipping papers; and (5) assess potential issues during deployment phases, including first responder training, technology procurement issues and budget limitations, and biometrics. (d) Requirements.--In developing the best practices, standards, and findings under subsection (c), the Hazardous Materials Information Advisory Committee shall take into consideration-- (1) the scalability of information in its presentation to determine the most efficient means of conveying necessary information for emergency response personnel while allowing access to ancillary information relating to the transport of hazardous materials in order to ensure that information conveyed fits the intended need and the varying levels of first responder training; (2) access issues and spectrum issues for rural responders; (3) standardization of information to equipment to ensure consistency across modes; (4) providing data security and protection from unwanted manipulation in order to preserve the integrity of data entered by transporters of hazardous materials and accessed by bona fide first responders; (5) the need to develop a National Deployment Standard on biometrics and identifiers to ensure secure access for first responders; (6) the potential for the deployment of fail-safe redundancies linked to State, regional, and local 911 emergency centers; (7) the timing of implementation and methods for funding the implementation of electronic shipping papers devices and training; (8) updates and revisions to the Emergency Response Guidebooks; (9) existing technologies that are employed voluntarily by persons who transport hazardous materials in commerce by air, highway, rail, and water; and (10) the results of pilot tests being conducted in accordance with section 33005 of MAP-21 (49 U.S.C. 5121 note) and any interim recommendations issued by the persons administering such pilot tests. (e) Travel Expenses.--The Secretary may provide travel expenses, including per diem in lieu of subsistence, to a member appointed under subsection (b)(1), (b)(2), or (b)(3) in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Report.--Not later than 120 days after the date of enactment of this Act, the Hazardous Materials Information Advisory Committee shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report listing the best practices, standards, and findings developed under subsection (c).

Developing Standards for Electronic Shipping Papers Act of 2014 - Directs the Secretary of Transportation (DOT) to establish a Hazardous Materials Information Advisory Committee to develop voluntary standards and best practices for first responders and enforcement officials in the use of electronic shipping papers in the event of a hazardous material transportation incident. Defines the term "electronic shipping paper" as an electronic version of the physical shipping paper conveying the most current available hazard information and capable of being accessed instantaneously by emergency responders during such an incident.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosperous and Secure Neighbor Alliance Act of 2007''. SEC. 2. FINDINGS; STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) An alarming increase in illicit drugs and drug-related violence in Mexico and on the United States-Mexico border has made life gradually more difficult for Americans living in border communities. (2) The precarious security situation on the United States- Mexico border has also had a broader negative impact in the United States with illicit drugs continuing to get into the hands of our Nation's children. (3) United States Director of National Intelligence John Negroponte named Mexico in the Annual Threat Assessment of the Director of National Intelligence for the Senate Select Committee on Intelligence (February 2, 2006) as a country of concern regarding the capacity of drug trafficking organizations to undermine already weak state authority. (4) As a neighbor and as the second largest trading partner of the United States, Mexico deserves the support of the United States in taking steps to improve security and promote economic development in Mexico. (b) Statement of Policy.--It is, therefore, the policy of the United States to increase United States foreign assistance to improve security and promote economic development in Mexico, both of which are crucial to more effectively combat illicit drugs and drug-related violence and other criminal activities in Mexico and the United States. SEC. 3. AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 1961. 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: ``CHAPTER 13--ASSISTANCE TO IMPROVE SECURITY AND PROMOTE ECONOMIC DEVELOPMENT IN MEXICO ``SEC. 499H. AUTHORIZATION OF ASSISTANCE. ``(a) In General.--The President, acting through the Director of Foreign Assistance, shall provide assistance to improve security and promote economic development in Mexico by-- ``(1) professionalizing Mexican law enforcement personnel to prepare such law enforcement personnel to more effectively combat illicit drugs and drug-related violence and other criminal activities, including by providing funding to coordinate United States and Mexican efforts to find missing United States citizens and to carry out DNA testing and forensic examinations; ``(2) providing technology to assist Mexican law enforcement personnel to more effectively combat illicit drugs and drug-related violence; ``(3) strengthening the Mexican judicial branch through the training of judges and prosecutors; ``(4) supporting anti-corruption programs in Mexico, including the vetting of Mexican law enforcement personnel who are working with United States Government personnel; and ``(5) reducing poverty through targeted funding to enhance social development in Mexico, including micro-lending and trade capacity building. ``(b) Terms and Conditions.--Assistance under this chapter may be provided on such terms and conditions as the President may determine. ``SEC. 499I. EVALUATION. ``The President shall conduct an annual evaluation of the results of the specific programs, projects, and activities carried out under this chapter during the preceding year in order to ensure transparency and accountability, including transparency and accountability of recipients of assistance provided under this chapter. ``SEC. 499J. REPORT. ``The President shall prepare and transmit to the Committee on International Relations of the House of Representatives, the Committee on Foreign Relations of the Senate, and other appropriate congressional committees an annual report on the specific programs, projects, and activities carried out under this chapter during the preceding year, including the evaluation conducted under section 499I. ``SEC. 499K. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to the President to carry out this chapter $170,000,000 for each of the fiscal years 2008 through 2012. ``(b) Additional Authorities.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a)-- ``(1) are authorized to remain available until expended; and ``(2) are in addition to amounts otherwise available for such purposes. ``(c) Funding Limitation.--Not more than 5 percent of the amounts appropriated pursuant to the authorization of appropriations under subsection (a) for a fiscal year may be used for administrative expenses. ``(d) Sense of Congress.--It is the sense of Congress that, of the amounts appropriated pursuant to the authorization of appropriations under subsection (a) for a fiscal year-- ``(1) $40,000,000 should be made available to carry out section 499H(a)(1); ``(2) $50,000,000 should be made available to carry out section 499H(a)(2); ``(3) $20,000,000 should be made available to carry out section 499H(a)(3); ``(4) $10,000,000 should be made available to carry out section 499H(a)(4); and ``(5) $50,000,000 should be made available to carry out section 499H(a)(5).''. SEC. 4. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE. Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that contains a description and analysis of the most effective strategies to reduce the demand for illicit drugs in the United States, specifically (but not limited to) strategies that reduce the demand for illicit drugs produced in or transported through Mexico.

Prosperous and Secure Neighbor Alliance Act of 2007 - States that it is U.S. policy to increase U.S. foreign assistance to improve security and promote economic development in Mexico, both of which are crucial to combat illicit drugs and drug-related violence and other criminal activities in Mexico and the United States. Amends the Foreign Assistance Act of 1961 to direct the President to provide assistance to improve security and promote economic development in Mexico by: (1) professionalizing Mexican law enforcement personnel; (2) providing technology to assist Mexican law enforcement personnel; (3) strengthening the Mexican judicial branch; (4) supporting anti-corruption programs in Mexico; and (5) reducing poverty through targeted funding to enhance social development in Mexico.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Cruise Vessel Development Act of 1994''. SEC. 2. PURPOSE. The purpose of this Act is to promote construction and operation of United States flag cruise vessels in the United States. SEC. 3. COASTWISE TRANSPORTATION OF PASSENGERS. Section 8 of the Act entitled ``An Act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes'', approved June 19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C. 289), is amended to read as follows: ``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS. ``(a) In General.--Except as otherwise provided by law, a vessel may transport passengers in coastwise trade only if-- ``(1) the vessel is owned by a person that is-- ``(A) an individual who is a citizen of the United States; or ``(B) a corporation, partnership, or association that is a citizen of the United States under section 2(a) of the Shipping Act, 1916 (46 App. U.S.C. 802(a)); ``(2) the vessel meets the requirements of section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883); and ``(3) for a vessel that is at least 5 net tons, the vessel is issued a certificate of documentation under chapter 121 of title 46, United States Code, with a coastwise endorsement. ``(b) Exception for Vessel Under Demise Charter.-- ``(1) In general.--Subsection (a)(1) does not apply to a cruise vessel operating under a demise charter that-- ``(A) has a term of at least 18 months; and ``(B) is to a person described in subsection (a)(1). ``(2) Extension of period for operation.--A cruise vessel authorized to operate in coastwise trade under paragraph (1) based on a demise charter described in paragraph (1) may operate in that coastwise trade during a period following the termination of the charter of not more than 6 months, if the operation-- ``(A) is approved by the Secretary; and ``(B) is in accordance with such terms as may be prescribed by the Secretary for that approval. ``(c) Exception for Vessel To Be Reflagged.-- ``(1) Exception.--Subsection (a)(2) and section 12106(a)(2)(A) of title 46, United States Code, do not apply to a cruise vessel if-- ``(A) the vessel-- ``(i) is not documented under chapter 121 of title 46, United States Code, on the date of enactment of the United States Cruise Vessel Development Act of 1994; and ``(ii) is not less than 5 years old and not more than 15 years old on the first date that the vessel is documented under that chapter after that date of enactment; and ``(B) the owner or charterer of the vessel has entered into a contract for the construction in the United States of another cruise vessel that has a total berth or stateroom capacity that is at least 80 percent of the capacity of the cruise vessel. ``(2) Termination of authority to operate.--Paragraph (1) does not apply to a vessel after the date that is 18 months after the date on which a certificate of documentation with a coastwise endorsement is first issued for the vessel after the date of enactment of the United States Cruise Vessel Development Act of 1994 if, before the end of that 18-month period, the keel of another vessel has not been laid, or another vessel is not at a similar stage of construction, under a contract required for the vessel under paragraph (1)(B). ``(3) Extension of period before termination.--The Secretary of Transportation may extend the 18-month period under paragraph (2) for an additional period of not to exceed 6 months for good cause shown. ``(d) Limitation on Operations.--A person (including a related person with respect to that person) who owns or charters a cruise vessel operating in coastwise trade under subsection (b) or (c) under a coastwise endorsement may not operate any vessel between-- ``(1) any 2 ports served by another cruise vessel that transports passengers in coastwise trade under subsection (a) on the date the Secretary issues the coastwise endorsement; or ``(2) any of the islands of Hawaii. ``(e) Penalties.-- ``(1) Civil penalty.--A person operating a vessel in violation of this section is liable to the United States Government for a civil penalty of $1,000 for each passenger transported in violation of this section. ``(2) Forfeiture.--A vessel operated in knowing violation of this section, and its equipment, are liable to seizure by and forfeiture to the United States Government. ``(3) Disqualification from coastwise trade.--A person that is required to enter into a construction contract under subsection (c)(1)(B) with respect to a cruise vessel (including any related person with respect to that person) may not own or operate any vessel in coastwise trade after the period applicable under subsection (c)(2) with respect to the cruise vessel, if before the end of that period a keel is not laid and a similar stage of construction is not reached under such a contract. ``(f) Definitions.--In this section-- ``(1) the term `coastwise trade' includes transportation of a passenger between points in the United States, either directly or by way of a foreign port; ``(2) the term `cruise vessel' means a vessel that-- ``(A) is at least 10,000 gross tons (as measured under chapter 143 of title 46, United States Code); ``(B) has berth or stateroom accommodations for at least 200 passengers; and ``(C) is not a ferry; and ``(3) the term `related person' means, with respect to a person-- ``(A) a holding company, subsidiary, affiliate, or association of the person; and ``(B) an officer, director, or agent of the person or of an entity referred to in subparagraph (A).''. SEC. 4. CONSTRUCTION STANDARDS. Section 3309 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) A vessel described in paragraph (3) is deemed to comply with parts B and C of this subtitle. ``(2) The Secretary shall issue a certificate of inspection under subsection (a) to a vessel described in paragraph (3). ``(3) A vessel is described in this paragraph if-- ``(A) the vessel meets the standards and conditions for the issuance of a control verification certificate to a foreign vessel embarking passengers in the United States; ``(B) a coastwise endorsement is issued for the vessel under section 12106 of this title after the date of enactment of the United States Cruise Vessel Development Act of 1994; and ``(C) the vessel is authorized to engage in coastwise trade by reason of subsection (c) of section 8 of the Act entitled `An Act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes', approved June 19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C. 289).''. SEC. 5. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION. Section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802), is amended-- (1) in subsection (a) by inserting ``other than primarily in the transport of passengers,'' after ``the coastwise trade''; and (2) by adding at the end the following new subsection: ``(e) For purposes of determining citizenship under subsection (a) with respect to operation of a vessel primarily in the transport of passengers in coastwise trade, the controlling interest in a partnership or association that owns the vessel shall not be deemed to be owned by citizens of the United States unless a majority interest in the partnership or association is owned by citizens of the United States free from any trust or fiduciary obligation in favor of any person that is not a citizen of the United States.''. SEC. 6. AMENDMENT TO TITLE XI OF THE MERCHANT MARINE ACT, 1936. Section 1101(b) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271(b)) is amended by striking ``passenger cargo'' and inserting ``passenger, cargo,''. SEC. 7. PERMITS FOR VESSELS ENTERING UNITS OF NATIONAL PARK SYSTEM. (a) Priority.--Notwithstanding any other provision of law, the Secretary of the Interior may not permit a person to operate a vessel in any unit of the National Park System except in accordance with the following priority: (1) First, any person that-- (A) will operate a vessel that is documented under the laws of, and the home port of which is located in, the United States; or (B) holds rights to provide visitor services under section 1307(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3197(a)). (2) Second, any person that will operate a vessel that-- (A) is documented under the laws of a foreign country, and (B) on the date of the enactment of this Act is permitted to be operated by the person in the unit. (3) Third, any person that will operate a vessel other than a vessel described in paragraph (1) or (2). (b) Revocation of Permits for Foreign-Documented Vessels.--The Secretary of the Interior shall revoke or refuse to renew permission granted by the Secretary for the operation of a vessel documented under the laws of a foreign country in a unit of the National Park System, if-- (1) a person requests permission to operate a vessel documented under the laws of the United States in that unit; and (2) the permission may not be granted because of a limit on the number of permits that may be issued for that operation. (c) Restrictions on Revocation of Permits.--The Secretary of the Interior may not revoke or refuse to renew permission under subsection (b) for any person holding rights to provide visitor services under section 1307(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3197(a)). (d) Return of Permits.--Any person whose permission to provide visitors services in a unit of the National Park System has been revoked or not renewed under subsection (b) shall have the right of first refusal to a permit to provide visitors services in that unit of the National Park System that becomes available when the conditions described in subsection (b) no longer apply. Such right shall be limited to the number of permits which are revoked or not renewed.

United States Cruise Vessel Development Act of 1994 - Amends Federal shipping law to revise provisions prohibiting the use of foreign vessels to transport passengers between places in the United States to authorize the transport of passengers in coastwise trade only if the vessel: (1) is owned by a U.S. citizen, or a U.S. corporation, partnership, or association; (2) meets certain requirements under the Merchant Marine Act; and (3) is at least five net tons and is issued a certificate of documentation with a coastwise endorsement. (Sec. 3) Exempts from this prohibition any cruise vessel: (1) demised to a U.S. person for a term of at least 18 months; or (2) reflagged as a U.S. vessel after enactment of this Act, if the owner or charterer contracts for U.S. construction of another cruise vessel with at least 80 percent of the existing vessel's total berth or stateroom capacity. Prohibits any person owning or chartering a cruise vessel thus exempted from operating any vessel between: (1) any two ports served by another cruise vessel transporting passengers in the coastwise trade on the date the Secretary of Transportation issues the coastwise endorsement; or (2) any of the Hawaiian islands. Sets forth civil and forfeiture penalties for violations of this Act. (Sec. 4) Requires the Secretary of Transportation (Secretary) to issue a certificate of inspection to vessels that: (1) meet the standards and conditions for the issuance of a control verification certificate to a foreign vessel embarking passengers in the United States; (2) a coastwise endorsement is issued; and (3) are authorized to engage in coastwise trade as vessels reflagged under the requirements of this Act. (Sec. 5) Amends the Shipping Act, 1916 to declare that, for purposes of vessel documentation in the coastwise trade, the controlling interest in a partnership or association that owns such a vessel shall not be deemed to be a U.S. citizen unless a majority interest in the partnership or association is owned by U.S. citizens free from any trust or fiduciary obligation in favor of a non-U.S. citizen. (Sec. 7) Prohibits the Secretary of the Interior from permitting a person to operate a vessel in any unit of the National Park System except in accordance with specified priorities, the first of which goes to any person: (1) operating a U.S.-flag vessel whose home port is in the United States; or (2) holding rights to provide visitor services under the Alaska National Interest Lands Conservation Act. Requires the Secretary to revoke or renew permission for the operation of any foreign-documented vessel that does not hold such Alaskan visitor rights if: (1) a person requests permission to operate a U.S.-flag vessel in the same unit; and (2) permission may not be granted because of a limit on the number of such permits.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Setting New Priorities in Education Spending Act''. SEC. 2. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. (a) Repeals.--The following provisions of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) are repealed: (1) Subpart 2 of part B of title I (20 U.S.C. 6371 et seq.; relating to Early Reading First). (2) Subpart 3 of part B of title I (20 U.S.C. 6381 et seq.; relating to the William F. Goodling Even Start Family Literacy programs). (3) Subpart 4 of part B of title I (20 U.S.C. 6383; relating to improving literacy through school libraries). (4) Section 1502 (20 U.S.C. 6492; relating to demonstrations of innovative practices). (5) Section 1504 (20 U.S.C. 6494; relating to the Close Up Fellowship program). (6) Part F of title I (20 U.S.C. 6511 et seq.; relating to comprehensive school reform). (7) Part H of title I (20 U.S.C. 6551 et seq.; relating to school dropout prevention). (8) Section 2151(b) (20 U.S.C. 6651(b); relating to school leadership). (9) Section 2151(c) (20 U.S.C. 6651(c); relating to advanced certification or advanced credentialing). (10) Section 2151(d) (20 U.S.C. 6651(d); relating to special education teacher training). (11) Section 2151(e) (20 U.S.C. 6651(e); relating to early childhood educator professional development). (12) Section 2151(f) (20 U.S.C. 6651(f); relating to teacher mobility). (13) Subpart 2 of part C of title II (20 U.S.C. 6701 et seq.; relating to the National Writing Project). (14) Subpart 4 of part C of title II (20 U.S.C. 6721 et seq.; relating to the teaching of traditional American history). (15) Part D of title II (20 U.S.C. 6751 et seq.; relating to enhancing education through technology). (16) Part B of title III (20 U.S.C. 6891 et seq.; commonly referred to as the ``Improving Language Instruction Educational Programs for Academic Achievement Act''). (17) Section 4003(1) (20 U.S.C. 7103(1); relating to subpart 1 of part A of title IV). (18) Subpart 1 of part A of title IV (20 U.S.C. 7111 et seq.; relating to State grants for safe and drug-free schools and communities). (19) Section 4129 (20 U.S.C. 7139; relating to grants to reduce alcohol abuse). (20) Section 4130 (20 U.S.C. 7140; relating to mentoring programs). (21) Subpart 2 of part D of title V (20 U.S.C. 7245; relating to elementary and secondary school counseling programs). (22) Subpart 3 of part D of title V (20 U.S.C. 7247; relating to partnerships in character education). (23) Subpart 4 of part D of title V (20 U.S.C. 7249; relating to smaller learning communities). (24) Subpart 5 of part D of title V (20 U.S.C. 7251; relating to the Reading is Fundamental--Inexpensive Book Distribution program). (25) Subpart 6 of part D of title V (20 U.S.C. 7253 et seq.; relating to gifted and talented students). (26) Subpart 7 of part D of title V (20 U.S.C. 7255 et seq.; commonly referred to as the ``Star Schools Act''). (27) Subpart 8 of part D of title V (20 U.S.C. 7257 et seq.; relating to the Ready to Teach program). (28) Subpart 9 of part D of title V (20 U.S.C. 7259 et seq.; commonly referred to as the ``Foreign Language Assistance Act of 2001''). (29) Subpart 10 of part D of title V (20 U.S.C. 7261 et seq.; commonly referred to as the ``Carol M. White Physical Education Program''). (30) Subpart 11 of part D of title V (20 U.S.C. 7263 et seq.; relating to community technology centers). (31) Subpart 12 of part D of title V (20 U.S.C. 7265 et seq.; relating to educational, cultural, apprenticeship, and exchange programs for Alaska Natives, Native Hawaiians, and their historical whaling and trading partners in Massachusetts). (32) Subpart 13 of part D of title V (20 U.S.C. 7267 et seq.; commonly referred to as the ``Excellence in Economic Education Act of 2001''). (33) Subpart 14 of part D of title V (20 U.S.C. 7269 et seq.; relating to grants to improve the mental health of children). (34) Subpart 15 of part D of title V (20 U.S.C. 7271; relating to arts in education). (35) Subpart 17 of part D of title V (20 U.S.C. 7275; relating to combatting domestic violence). (36) Subpart 18 of part D of title V (20 U.S.C. 7277 et seq.; relating to healthy, high-performance schools). (37) Subpart 20 of part D of title V (20 U.S.C. 7281 et seq.; relating to additional assistance for certain local educational agencies impacted by Federal property acquisition). (38) Subpart 21 of part D of title V (20 U.S.C. 7283 et seq.; commonly referred to as the ``Women's Educational Equity Act of 2001''). (39) Part B of title VII (20 U.S.C. 7511 et seq.; commonly referred to as the ``Native Hawaiian Education Act''). (40) Part C of title VII (20 U.S.C. 7541 et seq.; commonly referred to as the ``Alaska Native Educational Equity, Support, and Assistance Act''). (b) Conforming Amendments.-- (1) Title i.-- (A) Section 1002.--Section 1002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302) is amended-- (i) in subsection (b)-- (I) by striking paragraphs (2) through (4); and (II) by striking the following: ``(b) Reading First.-- ``(1) Reading first.--For'', and inserting the following: ``(b) Reading First.--For''; (ii) in subsection (e)-- (I) by striking paragraph (2); and (II) by striking the following: ``(e) Federal Activities.-- ``(1) Sections 1501 and 1502.--For the purpose of carrying out sections 1501 and 1502,'', and inserting the following: ``(e) Federal Activities.--For the purpose of carrying out section 1501,''; (iii) by striking subsection (f); (iv) by redesignating subsections (g) through (i) as subsections (f) through (h), respectively; (v) by striking subsection (g) (as so redesignated); and (vi) by redesignating subsection (h) (as so redesignated) as subsection (g). (B) Section 1116.--Section 1116(b)(3)(A)(i) of such Act (20 U.S.C. 6316(b)(3)(A)(i)) is amended by striking ``, and may include'' and all that follows through ``part F''. (C) Section 1202.--Section 1202 of such Act (20 U.S.C. 6362) is amended-- (i) in subsection (a)(1), by striking ``section 1002(b)(1)'' and inserting ``section 1002(b)''; and (ii) in subsection (c)(7)(A)(vii), by striking ``, including coordination'' and all that follows through ``where applicable''. (D) Section 1703.--Section 1703 of such Act (20 U.S.C. 6533) is amended by striking ``section 1002(g)'' and inserting ``section 1002(f)''. (2) Title ii.-- (A) Section 2103.--Section 2103 of such Act (20 U.S.C. 6603) is amended-- (i) in subsection (a), by striking ``subpart 5'' and inserting ``section 2151(a)''; and (ii) in subsection (b), by striking ``subpart 5'' and inserting ``section 2151(a)''. (B) Section 2123.--Section 2123(a)(5)(A) of such Act (20 U.S.C. 6623(a)(5)(A)) is amended by striking ``, and are coordinated'' and all that follows through ``part D''. (3) Title iii.--Section 3001 of such Act (20 U.S.C. 6801) is amended-- (A) in subsection (a)-- (i) in paragraph (1), by striking ``, except for subpart 4 of part B''; (ii) by striking paragraph (2); and (iii) by striking the following: ``(a) Authorization of Appropriations.-- ``(1) In general.--Subject'', and inserting the following: ``(a) Authorization of Appropriations.--Subject''; (B) in subsection (b)-- (i) in paragraph (1), by striking ``paragraphs (1) and (2) of''; (ii) by striking paragraph (2); and (iii) by striking the following: ``(b) Conditions on Effectiveness of Parts A and B.-- ``(1) Part a.--Part A'', and inserting the following: ``(b) Conditions on Effectiveness of Part A.--Part A''; and (C) by striking subsection (c). (4) Title iv.--Section 4003 of such Act (20 U.S.C. 7103) (as amended by subsection (a)(17)), is further amended by striking ``appropriated--'' and all that follows through ``such'' and inserting ``appropriated such''. (5) Title vi.--Section 6222(a)(3) of such Act (20 U.S.C. 7351a(a)(3)) is amended by striking ``, as described in part D of title II''. (6) Title ix.-- (A) Section 9101.--Section 9101 of such Act (20 U.S.C. 7801) is amended-- (i) by amending paragraph (13) to read as follows: ``(13) Covered program.--The term `covered program' means each of the programs authorized by-- ``(A) part A of title I; ``(B) part C of title I; ``(C) part D of title I; ``(D) part A of title II; ``(E) part A of title III; ``(F) part A of title IV; ``(G) part B of title IV; ``(H) part A of title V; and ``(I) subpart 2 of part B of title VI.''; and (ii) by amending paragraph (34)(A)(vii)(I) by striking ``(except'' and all that follows through ``part D of title II)''. (B) Section 9501.--Paragraph (1) of section 9501(b) of such Act (20 U.S.C. 7881(b)(1)) is amended to read as follows: ``(1) In general.--This section applies to programs under-- ``(A) subpart 1 of part B of title I; ``(B) part C of title I; ``(C) part A of title II, to the extent provided in paragraph (3); ``(D) part B of title II; ``(E) part A of title III; ``(F) part A of title IV; and ``(G) part B of title IV.''.

Setting New Priorities in Education Spending Act - Repeals specified provisions of the Elementary and Secondary Education Act of 1965. Lists the repealed provisions as those pertaining to: the Early Reading First program, under subpart 2 of part B of title I; the William F. Goodling Even Start Family Literacy programs, under subpart 3 of part B of title I; improving literacy through school libraries, under subpart 4 of part B of title I; demonstration projects of innovative practices for enabling children to meet state academic content and achievement standards, under part E of title I; the Close Up Fellowship program, under part E of title I; comprehensive school reform, under part F of title I; school dropout prevention, under part H of title I; school leadership, under subpart 5 of part A of title II; advanced certification or advanced credentialing for teachers, under subpart 5 of part A of title II; special education teacher training, under subpart 5 of part A of title II; early childhood educator professional development, under subpart 5 of part A of title II; teacher mobility, under subpart 5 of part A of title II; the National Writing Project, under subpart 2 of part C of title II; the teaching of traditional American history, under subpart 4 of part C of title II; enhancing education through technology, under part D of title II; programs to improve language instruction for limited English proficient children, under part B of title III; state grants for safe and drug-free schools and communities, under subpart 1 of part A of title IV; grants to reduce alcohol abuse, under subpart 2 of part A of title IV; mentoring programs, under subpart 2 of part A of title IV; elementary and secondary school counseling programs, under subpart 2 of part D of title V; partnerships in character education, under subpart 3 of part D of title V; smaller learning communities, under subpart 4 of part D of title V; the Reading is Fundamental--Inexpensive Book Distribution program, under subpart 5 of part D of title V; gifted and talented students, under subpart 6 of part D of title V; the Star Schools program, under subpart 7 of part D of title V; the Ready to Teach program, under subpart 8 of part D of title V; the Foreign Language Assistance program, under subpart 9 of part D of title V; the Carol M. White Physical Education Program, under subpart 10 of part D of title V; community technology centers, under subpart 11 of part D of title V; educational, cultural, apprenticeship, and exchange programs for Alaska Natives, Native Hawaiians, and their historical whaling and trading partners in Massachusetts, under subpart 12 of part D of title V; excellence in economic education, under subpart 13 of part D of title V; grants to improve the mental health of children, under subpart 14 of part D of title V; arts in education, under subpart 15 of part D of title V; combatting domestic violence, under subpart 17 of part D of title V; healthy, high-performance schools, under subpart 18 of part D of title V; additional assistance for certain local educational agencies impacted by federal property acquisition, under subpart 20 of part D of title V; the Women's Educational Equity Act, under subpart 21 of part D of title V; the Native Hawaiian Education program, under part B of title VII; and the Alaska Native Education program, under part C of title VII.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hoopa-Yurok Settlement Amendment Act of 2004''. SEC. 2. ACQUISITION OF LAND FOR THE YUROK RESERVATION. Section 2(c) of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i- 1(c)) is amended by adding at the end the following: ``(5) Land acquisition.-- ``(A) In general.--Not later than 1 year after the date of enactment of this paragraph, the Secretary and the Secretary of Agriculture shall-- ``(i) in consultation with the Yurok Tribe, identify Federal and private land available from willing sellers within and adjacent to or in close proximity to the Yurok Reservation in the aboriginal territory of the Yurok Tribe (excluding any land within the Hoopa Valley Reservation) as land that may be considered for inclusion in the Yurok Reservation; ``(ii) negotiate with the Yurok Tribe to determine, from the land identified under clause (i), a land base for an expanded Yurok Reservation that will be adequate for economic self-sufficiency and the maintenance of religious and cultural practices; ``(iii) jointly with the Yurok Tribe, provide for consultation with local governments, and other parties whose interests are directly affected, concerning the potential sale or other transfer of land to the Yurok Tribe under this Act; ``(iv) submit to Congress a report identifying any parcels of land within their respective jurisdictions that are determined to be within the land base negotiated under clause (ii); and ``(v) not less than 60 days after the date of submission of the report under clause (iv), convey to the Secretary in trust for the Yurok Tribe the parcels of land within their respective jurisdictions that are within that land base. ``(B) Acceptance in trust.--The Secretary shall-- ``(i) accept in trust for the Yurok Tribe the conveyance of such private land as the Yurok Tribe, or the United States on behalf of the Yurok Tribe, may acquire from willing sellers, by exchange or purchase; and ``(ii) provide for the expansion of the Yurok Reservation boundaries to reflect the conveyances. ``(C) Funding.--Notwithstanding any other provision of law, from funds made available to carry out this Act, the Secretary may use $2,500,000 to pay the costs of appraisals, surveys, title reports, and other requirements relating to the acquisition by the Yurok Tribe of private land under this Act (excluding land within the boundaries of the Hoopa Valley Reservation). ``(D) Report.-- ``(i) In general.--Not later than 90 days after the date of submission of the report under subparagraph (A)(iv), the Secretary, in consultation with the Secretary of Agriculture relative to the establishment of an adequate land base for the Yurok Tribe, shall submit to Congress a report that describes-- ``(I) the establishment of an adequate land base for the Yurok Tribe and implementation of subparagraph (A); ``(II) the sources of funds remaining in the Settlement Fund, including the statutory authority for such deposits and the activities, including environmental consequences, if any, that gave rise to those deposits; ``(III) disbursements made from the Settlement Fund; ``(IV) the provision of resources, reservation land, trust land, and income-producing assets including, to the extent data are available (including data available from the Hoopa Valley Tribe and the Yurok Tribe), the environmental condition of the land and income-producing assets, infrastructure, and other valuable assets; and ``(V) to the extent data are available (including data available from the Hoopa Valley Tribe and the Yurok Tribe), the unmet economic, infrastructure, and land needs of each of the Hoopa Valley Tribe and the Yurok Tribe. ``(ii) Limitation.--No expenditures for any purpose shall be made from the Settlement Fund before the date on which, after receiving the report under clause (i), Congress enacts a law authorizing such expenditures, except as the Hoopa Valley Tribe and Yurok Tribes may agree pursuant to their respective constitutional requirements. ``(6) Claims.-- ``(A) In general.--The Court of Federal Claims shall hear and determine all claims of the Yurok Tribe or a member of the Yurok Tribe against the United States asserting that the alienation, transfer, lease, use, or management of land or natural resources located within the Yurok Reservation violates the Constitution, laws, treaties, Executive orders, regulations, or express or implied contracts of the United States. ``(B) Conditions.--A claim under subparagraph (A) shall be heard and determined-- ``(i) notwithstanding any statute of limitations (subject to subparagraph (C)) or any claim of laches; and ``(ii) without application of any setoff or other claim reduction based on a judgment or settlement under the Act of May 18, 1928 (25 U.S.C. 651 et seq.) or other laws of the United States. ``(C) Limitation.--A claim under subparagraph (A) shall be brought not later than 10 years after the date of enactment of this paragraph.''. SEC. 3. JURISDICTION. (a) Law Enforcement and Tribal Court Funds and Programs.--Section 2(f) of the Hoopla-Yurok Settlement Act (25 U.S.C. 1300i-1(f)) is amended-- (1) by striking ``The Hoopa'' and inserting the following: ``(1) In general.--The Hoopa''; (2) by striking the semicolon after ``Code'' the first place it appears and inserting a comma; and (3) by adding at the end the following: ``(2) Law enforcement and tribal court funds and programs.-- ``(A) In general.--Notwithstanding paragraph (1), Federal law enforcement and tribal court funds and programs shall be made available to the Hoopa Valley Tribe and Yurok Tribe on the same basis as the funds and programs are available to Indian tribes that are not subject to the provisions of law referred to in paragraph (1). ``(B) Authorization of appropriations.--There is authorized to be appropriated for Yurok law enforcement and tribal court programs $1,000,000 for each fiscal year.''. (b) Recognition of the Yurok Tribe.--Section 9 of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-8) is amended by adding at the end the following: ``(f) Recognition of the Yurok Tribe.--The authority of the Yurok Tribe over its territories as provided in the constitution of the Yurok Tribe as of the date of enactment of this subsection are ratified and confirmed insofar as that authority relates to the jurisdiction of the Yurok Tribe over persons and land within the boundaries of the Yurok Reservation.''. (c) Yurok Reservation Resources.--Section 12 of the Hoopa Yurok Settlement Act (102 Stat. 2935) is amended by adding at the end the following: ``(c) Klamath River Basin Fisheries.-- ``(1) In general.--The Secretary and the Secretary of Agriculture shall enter into stewardship agreements with the Yurok Tribe with respect to management of Klamath River Basin fisheries and water resources. ``(2) Effect of paragraph.--Nothing in paragraph (1) provides the Yurok Tribe with any jurisdiction within the Hoopa Valley Reservation. ``(d) Management Authority.-- ``(1) Definition of comanangement authority.--In this subsection, the term `management authority' means the right to make decisions jointly with the Secretary or the Secretary of Agriculture, as the case may be, with respect to the natural resources and sacred and cultural sites described in paragraph (2). ``(2) Grant of management authority.--There is granted to the Yurok Tribe management authority over all natural resources, and over all sacred and cultural sites of the Yurok Tribe within their usual and accustomed places, that are on land remaining under the jurisdiction of the National Park Service, Forest Service, or Bureau of Land Management within the aboriginal territory of the Yurok Tribe. ``(e) Subsistence.-- ``(1) In general.--There is granted access for subsistence hunting, fishing, and gathering rights for members of the Yurok Tribe over all land and water within the aboriginal territory of the Yurok Tribe that remain under the jurisdiction of the Yurok Tribe or the United States, excluding any land within the Hoopa Valley Reservation. ``(2) Condition.--All subsistence-related activities under paragraph (1) shall be conducted in accordance with management plans developed by the Yurok Tribe.''. SEC. 4. BASE FUNDING. From amounts made available to the Secretary for new tribes funding, the Secretary shall make an adjustment in the base funding for the Yurok Tribe based on the enrollment of the Yurok Tribe as of the date of enactment of this Act. SEC. 5. YUROK INFRASTRUCTURE DEVELOPMENT. (a) In General.--There are authorized to be appropriated-- (1) $20,000,000 for the upgrade and construction of Bureau of Indian Affairs and tribal roads on the Yurok Reservation; (2) for each fiscal year, $500,000 for the operation of a road maintenance program for the Yurok Tribe; (3) $3,500,000 for purchase of equipment and supplies for the Yurok Tribe road maintenance program; (4) $7,600,000 for the electrification of the Yurok Reservation; (5) $2,500,000 for telecommunication needs on the Yurok Reservation; (6) $18,000,000 for the improvement and development of water and wastewater treatment systems on the Yurok Reservation; (7) $6,000,000 for the development and construction of a residential care, drug and alcohol rehabilitation, and recreational complex near Weitchpec; (8) $7,000,000 for the construction of a cultural center for the Yurok Tribe; (9) $4,000,000 for the construction of a tribal court, law enforcement, and detention facility in Klamath; (10) $10,000,000 for the acquisition or construction of at least 50 homes for Yurok Tribe elders; (11) $3,200,000 for the development and initial startup cost for a Yurok School District; and (12) $800,000 to supplement Yurok Tribe higher education need. (b) Priority.--Congress-- (1) recognizes the unsafe and inadequate condition of roads and major transportation routes on and to the Yurok Reservation; and (2) identifies as a priority that those roads and major transportation routes be upgraded and brought up to the same standards as transportation systems throughout the State of California. SEC. 6. YUROK ECONOMIC DEVELOPMENT. There are authorized to be appropriated-- (1) $20,000,000 for the construction of an ecolodge and associated costs; (2) $1,500,000 for the purchase of equipment to establish a gravel operation; and (3) $6,000,000 for the purchase and improvement of recreational and fishing resorts on the Yurok Reservation. SEC. 7. BLM LAND. (a) Conveyance to the Yurok Tribe.--The following parcels of Bureau of Land Management land within the aboriginal territory of the Yurok Tribe are conveyed in trust status to the Yurok Tribe: (1) T. 9N., R. 4E, HUM, sec. 1. (2) T. 9N., R. 4E, sec. 7. (3) T. 9N., R. 4E., sec. 8, lot 3. (4) T. 9N., R. 4E., sec. 9, lots 19 and 20. (5) T. 9N., R. 4E., sec. 17, lots 3 through 6. (6) T. 9N., R. 4E., sec. 18, lots 7 and 10. (7) T. 9N., R. 3E., sec. 13, lots 8 and 12. (8) T. 9N., R. 3E, sec. 14, lot 6. (b) Conveyance to the Hoopa Valley Tribe.--The following parcels of Bureau of Land Management land along the western boundaries of the Hoopa Valley Reservation are conveyed in trust status to the Hoopa Valley Tribe: (1) T. 9N, R. 3E., sec. 23, lots 7 and 8. (2) T. 9N., R. 3E., sec. 26, lots 1 through 3. (3) T. 7N., R. 3E., sec. 7, lots 1 and 6. (4) T. 7N., R. 3E., sec. 1. SEC. 8. REPEAL OF OBSOLETE PROVISIONS. Section 2(c)(4) of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i- 1(c)(4)) is amended by striking ``The-- '' and all that follows through ``shall not be'' and inserting ``The apportionment of funds to the Yurok Tribe under sections 4 and 7 shall not be''. SEC. 9. VOTING MEMBER. Section 3(c) of the Klamath River Basin Fisheries Restoration Act (16 U.S.C. 460ss-2(c)) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6); and (2) by striking paragraph (3) and inserting the following: ``(3) A representative of the Yurok Tribe who shall be appointed by the Yurok Tribal Council. ``(4) A representative of the Department of the Interior who shall be appointed by the Secretary.''. SEC. 10. ECONOMIC SELF-SUFFICIENCY. Section 10 of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-9) is amended by striking subsection (a) and inserting the following: ``(a) Plan for Economic Self-Sufficiency.-- ``(1) Negotiations.--Not later than 30 days after the date of enactment of the Hoopa-Yurok Settlement Amendment Act of 2004, the Secretary shall enter into negotiations with the Yurok Tribe to establish a plan for the economic self- sufficiency of the Yurok Tribe, which shall be completed not later than 18 months after the date of enactment of the Hoopa- Yurok Settlement Amendment Act of 2004. ``(2) Submission to congress.--On the approval of the plan by the Yurok Tribe, the Secretary shall submit the plan to Congress. ``(3) Authorization of appropriations.--There is authorized to be appropriated $3,000,000 to establish the Yurok Tribe Self-Sufficiency Plan.''. SEC. 11. EFFECT OF ACT. Nothing in this Act or any amendment made by this Act limits the existing rights of the Hoopa Valley Tribe or the Yurok Tribe Tribe.

Hoopa-Yurok Settlement Amendment Act of 2004 - Amends the Hoopa-Yurok Settlement Act to provide for the acquisition of land for the Yurok Reservation. Provides that Federal law enforcement and tribal court funds and programs shall be made available to the Hoopa Valley Tribe and Yurok Tribe on the same basis as the funds and programs are available to other Indian tribes. Provides for recognition of the Yurok Tribe. Directs the Secretary of the Interior and the Secretary of Agriculture to enter into stewardship agreements with the Yurok Tribe with respect to management of Klamath River Basin fisheries and water resources. Authorizes appropriations for Yurok infrastructure development and for Yurok economic development. Amends the Klamath River Basin Fisheries Act to revise the membership of the Klamath Fishery Management Council to include as voting members a representative of the Yurok Tribe appointed by the Yurok Tribal Council and a representative of the Department of the Interior appointed by the Secretary of the Interior. Amends the Hoopa-Yurok Settlement Act to require the Secretary to enter into negotiations with the Yurok Tribe to establish a plan for the economic self-sufficiency of the Yurok Tribe.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Judgment Evading Foreign States Accountability Act of 2008''. SEC. 2. STATEMENT OF PURPOSE. The purpose of this Act is to protect the economic interests of the United States and its citizens from the irresponsible conduct of certain foreign states, and agencies and instrumentalities of such states, that willfully refuse to satisfy United States court judgments. SEC. 3. FINDINGS. Congress finds the following: (1) Foreign states and instrumentalities that do business or raise capital in the United States, and then refuse to satisfy judgments of United States courts entered against them in connection with disputes resulting from these activities, inflict billions of dollars of damage on United States taxpayers, and undermine the credibility of the United States courts. (2) The Republic of Argentina is a recent and egregious example of such behavior. Argentina has borrowed tens of billions of dollars in the United States capital markets through the issuance of bonds, notes, and other securities pursuant to which it agreed to be subject to the jurisdiction of the United States courts in actions relating to those bonds notes and securities, and both waived and pledged not to assert immunity in such actions. Argentina defaulted on its debt to foreign creditors in 2001, and scores of judgments, totaling more than $2,000,000,000, have been entered against it by the United States courts based on its default. Rather than satisfy these obligations, Argentina has expressed its intention never to pay any of the resulting judgments. (3) Since its default in 2001, Argentina's economy has recovered dramatically. This recovery has enabled Argentina to accumulate foreign exchange reserves worth tens of billions of dollars, and to use those reserves to pay some creditors preferentially over United States citizens and holders of United States court judgments. (4) Other foreign states have expressed interest in following Argentina's lead. For example, the Republic of Ecuador has recently threatened to default on and repudiate part of its sovereign debt, citing Argentina's default approvingly as a precedent. (5) Foreign states that engage in such behavior can infect the management of businesses within their borders with their profligate and irresponsible habits. When the lax ethical standards that permit government officials to flout lawful judgments corrupt the corporate behavior as well, the injury to United States taxpayers is intensified. (6) United States taxpayers who are injured by such irresponsible conduct often have little or no recourse. The existing laws of the United States are highly protective of foreign states, and public and private corporations of judgment evading foreign states often enjoy a safe haven within their home country's borders from those who are injured by their behavior. (7) Action by the United States Government to combat this growing problem must include measures that both protect United States taxpayers against the irresponsible conduct of judgment evading foreign states and their domestic corporations, and motivate such states and corporations to raise their standards of behavior. (8) An effective means of achieving this important objective without impinging on the President's freedom to act in the foreign policy arena is to deprive judgment evading foreign states and their domestic corporations of the privilege of raising capital in the United States until those states demonstrate that such measures are no longer necessary by satisfying all outstanding judgments of the United States courts. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Judgment evading foreign state.--The term ``judgment evading foreign state'' means any foreign state that-- (A) has one or more judgments entered against the foreign state by any United States district court or the court of any State, the combined amount of which exceeds $1,000,000; and (B) fails to satisfy in full any such judgment for a period of more than 6 months after the judgment becomes a final judgment. (2) Domestic corporation of a judgment evading foreign state.--The term ``domestic corporation of a judgment evading foreign state'' means any corporation or entity, other than a natural person-- (A) that is organized under the laws of a judgment evading foreign state; or (B) a majority of the shares or other ownership interest of which is held, either directly or indirectly, by a judgment evading foreign state, or by one or more corporations or entities that is organized under the laws of a judgment evading foreign state. (3) Final judgment.--The term ``final judgment'' means any judgment of a United States district court or the court of any State, that is no longer eligible to be appealed to any court in the United States. (4) Foreign state.--The term ``foreign state'' has the meaning given that term in 1603(a) of title 28, United States Code. (5) International organization.--The term ``international organization'' means an entity designated by the President as being entitled to enjoy the privileges, exemptions, and immunities provided by the International Organizations Immunities Act (22 U.S.C. 288 et seq.). (6) State.--The term ``State'' means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. SEC. 5. STATEMENT OF POLICY. It shall be the policy of the United States-- (1) to advocate within the governing bodies of international organizations and in other foreign policy settings for the full compensation and fair treatment of United States citizens and other persons in whose favor judgments have been awarded by the United States courts; (2) to seek to protect the economic interests of United States taxpayers by restricting the access to the United States capital markets of judgment evading foreign states, and subjecting to Congressional scrutiny requests for aid made by judgment evading foreign states to the United States Government; (3) to seek to protect the authority of the United States courts by preventing judgment evading foreign states from willfully flouting the judgments of those courts; and (4) to enforce a series of mandatory penalties, increasing over time, to prevent judgment evading foreign states from engaging in such misconduct. SEC. 6. BAR ON ACCESS TO UNITED STATES CAPITAL MARKETS. The Securities and Exchange Commission shall take all effective measures to deny every judgment evading foreign state access to United States capital markets, including the ability, directly or indirectly, to borrow or sell securities in the United States unless the proceeds of such borrowing or sale are to be used, in the first instance, to satisfy in full all final judgments that form the basis for that foreign state's designation as a judgment evading foreign state. If any judgment evading foreign state remains in default on any such final judgment for more than 2 years, the Securities and Exchange Commission shall take all measures to deny any domestic corporation of a judgment evading foreign state access to the United States capital markets. SEC. 7. REQUESTS FOR AID OR ASSISTANCE FROM JUDGMENT EVADING FOREIGN STATES. (a) Bilateral Assistance.--Whenever any proposal is made to a department, agency, or other instrumentality of the United States Government to extend aid, a loan, or any other form of assistance to a judgment evading foreign state, the head of the department, agency, or other instrumentality may consider the proposal only if it bears prominently the legend described in subsection (c). (b) Multilateral Assistance.--Whenever any proposal is made to an international organization of which the United States is a member to extend aid, a loan, or any other form of assistance to a judgment evading foreign state, the Secretary of State shall provide notice of such proposal to the Congress in a prompt manner. Such notice shall bear prominently the legend described in subsection (c). (c) Legend Described.--The legend of a proposal referred to in subsection (a) and the legend of a notice referred to in subsection (b) is the following: ``REQUEST FOR GRANT-IN-AID OR LOAN BY A JUDGMENT EVADING FOREIGN STATE''. SEC. 8. REPORTS; RECOMMENDATIONS OF ADDITIONAL MEASURES. (a) Report.--Not later than January 31 of each year, the Secretary of the Treasury shall provide a report, in writing, to the Congress identifying each judgment evading foreign state, and, for each such judgment evading foreign state-- (1) setting forth the basis of the Secretary's determination that it meets the definition of judgment evading foreign state; (2) quantifying the impact on the United States economy, and the cost to United States taxpayers, of the unsatisfied final judgments that form the basis for the foreign state's designation as a judgment evading foreign state; and (3) describing all measures that the Department of the Treasury, the Department of Commerce, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and representatives of the United States before international organizations have taken in the preceding year to carry out this Act. (b) Termination of Designation as Judgment Evading Foreign State.-- At such time as the Secretary of the Treasury determines that a foreign state no longer qualifies as a judgment evading foreign state, the Secretary shall so certify to the Congress no later than in the next annual report to Congress under subsection (a), at which time the requirements and prohibitions under this Act shall no longer apply to such former judgment evading foreign state. (c) Responsibilities of Other Departments.--In every report prepared by the Secretary of State, the Secretary of the Treasury, or the Secretary of Commerce for the public relating to the economic risk or investment climate of a judgment evading foreign state, such Secretary shall reference the findings of the Secretary of the Treasury from the Secretary of the Treasury's most recent annual report to Congress under subsection (a) relating to the unsatisfied final judgments outstanding against the judgment evading foreign state. (d) Recommendations to Congress.--The Secretary of the Treasury shall provide to the Congress written recommendations on additional measures to carry out the purposes of this Act.

Judgment Evading Foreign States Accountability Act of 2008 - Directs the Securities and Exchange Commission (SEC) to deny a judgment evading foreign state (as defined by this Act) access to U.S. capital markets unless the proceeds of such borrowing or sale are to be used to satisfy in full all final judgments that form the basis for such designation as a judgment evading foreign state. Requires: (1) a proposal to extend bilateral or multilateral assistance to a judgment evading state to bear notice that such state is a judgment evading state; and (2) the Secretary of the Treasury to report annually to Congress identifying each such state.

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SECTION 1. EXPANSION OF FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM TO INCLUDE RETIRED MEMBERS AND DEPENDENTS WHO ARE MEDICARE ELIGIBLE. (a) Federal Employee Health Benefits Program Option.--The Secretary of Defense, after consulting with the other administering Secretaries under chapter 55 of title 10, United States Code, shall enter into an agreement with the Office of Personnel Management under which certain persons are offered enrollment in a health benefits plan under chapter 89 of title 5, United States Code, in lieu of receiving care in treatment facilities of the uniformed services or through the Civilian Health and Medical Program of the Uniformed Services or the TRICARE program. The agreement may provide for enrollment limitations if the Office of Personnel Management determines that the limitations are necessary to allow for adequate planning for access for services under chapter 89 of title 5, United States Code. (b) Eligible Persons.--(1) The following persons shall be eligible for enrollment under this section: (A) A member or former member of the uniformed services described in section 1074(b) of title 10, United States Code, who is or becomes entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). (B) A dependent of a person described in subparagraph (A) if the dependent is otherwise eligible for health care under chapter 55 of title 10, United States Code and is or becomes entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). (2) Persons described in paragraph (1) shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5, United States Code, as a condition for enrollment in a health benefits plan offered through the Federal Employee Health Benefits program pursuant to subsection (a). (c) Contributions.--(1) In the case of a person described in subsection (b) who enrolls in a health benefits plan offered through the Federal Employee Health Benefits program pursuant to subsection (a), the administering Secretary concerned shall be responsible for Government contributions that the Office of Personnel Management determines are necessary to cover all costs in excess of beneficiary contributions under paragraph (2). (2) The contribution required from an enrolled person under this section shall be equal to the amount that would be withheld from the pay of a similarly situated Federal employee who enrolls in a health benefits plan under chapter 89 of title 5, United States Code. (d) Management of Participation.--The authority responsible for approving retired or retainer pay or equivalent pay in the case of a member or former member shall manage the participation of the member or former member, and dependents of the member or former member, who enroll in a health benefits plan offered through the Federal Employee Health Benefits program pursuant to subsection (a). The Office of Personnel Management shall maintain separate risk pools for persons described in subsection (b) until such time as the Director of the Office of Personnel Management determines that complete inclusion chapter 89 of title 5, United States Code, of persons described in subsection (b) will not adversely affect Federal employees and annuitants enrolled in health benefits plans under such chapter. (e) Effect of Cancellation.--The cancellation by a person described in subsection (b) of coverage under the Federal Employee Health Benefits program shall be irrevocable for purposes of this section. (f) Reporting Requirements.--Not later than November 1 of each year, the Secretary of Defense and the Director of the Office of Personnel Management shall jointly submit a report to Congress describing the provision of health care services to persons under this section during the preceding fiscal year. The report shall address or contain the following: (1) The number of persons enrolled in health benefits plans offered through the Federal Employee Health Benefits program pursuant to subsection (a), both in terms of total number and as a percentage of all persons receiving health care through the health care system of the uniformed services. (2) The out-of-pocket cost to enrollees under such health benefits plans. (3) The cost to the Government (including the Department of Defense, the Department of Transportation, and the Department of Health and Human Services) of providing care under such health benefits plans. (4) A comparison of the costs determined under paragraphs (2) and (3) and the costs that would have otherwise been incurred by the Government and enrollees under alternative health care options available to the administering Secretaries. (5) The effect of this section on the cost, access, and utilization rates of other health care options under the health care system of the uniformed services. (g) Time for Option.--The Secretary of Defense shall begin to offer the health benefits option under subsection (a) not later than October 1, 1997. (h) Conforming Amendments.--Chapter 89 of title 5, United States Code, is amended-- (1) in section 8905-- (A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and (B) by inserting after subsection (c) the following new subsection: ``(d) An individual whom the Secretary of Defense determines is an eligible person under the special authority provided to the Secretary may enroll in a health benefits plan under this chapter in accordance with the agreement between the Secretary and the Office and applicable regulations under this chapter.''; (2) in section 8906(b)-- (A) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting in lieu thereof ``paragraphs (2), (3), and (4)''; and (B) by adding at the end the following new paragraph: ``(4) In the case of individuals who enroll in a health plan in accordance with section 8905(d) of this title, the Government contribution shall be determined in accordance with the agreement between the Secretary and the Office.''; and (3) in section 8906(g)-- (A) in paragraph (1), by striking ``paragraph (2)'' and inserting in lieu thereof ``paragraphs (2) and (3)''; and (B) by adding at the end the following new paragraph: ``(3) The Government contribution described in subsection (b)(4) for beneficiaries who enroll in accordance with section 8905(d) of this title shall be paid in accordance with the agreement between the Secretary and the Office.''.

Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which current or former military personnel who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act are offered enrollment in a Federal employees health benefits plan in lieu of receiving care in military treatment facilities or through the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Allows such enrollment for any dependent of such individual if the dependent is entitled to health care under CHAMPUS and is or becomes entitled to hospital insurance benefits under Medicare. Outlines provisions concerning: (1) contributions for such coverage; (2) management of member participation; and (3) cancellation of coverage. Directs the Secretary and the OPM Director to report jointly to the Congress each year on the provision of such services to eligible persons during the preceding fiscal year. Requires the Secretary to offer such health benefits option no later than October 1, 1997.

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SECTION 1. ENTRIES OF CERTAIN HIGH-DENSITY, FIBERBOARD-CORE LAMINATE PANELS ENTERED IN JUNE 2004 THROUGH OCTOBER 2004. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of Customs and Border Protection shall, not later than 90 days after the receipt of the request described in subsection (b), liquidate or reliquidate the entries described in subsection (d) at a rate of duty of 1.9 cents per kilogram plus 1.5 percent ad valorem. (b) Request.--Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request is filed with the Bureau of Customs and Border Protection not later than 90 days after the date of the enactment of this Act. (c) Refund of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry described in subsection (d) (including interest from the date of entry) shall be refunded not later than 90 days after the date of such liquidation or reliquidation. (d) Affected Entries.--The entries referred to in subsection (a) are as follows: Entry number Date of entry EF4-0054953-3........................ 06/11/04 EF4-0054958-2........................ 06/18/04 EF4-0054987-1........................ 06/24/04 EF4-0054989-7........................ 06/19/04 EF4-0054990-5........................ 06/24/04 EF4-0054991-3........................ 06/24/04 EF4-0054992-1........................ 06/24/04 EF4-0054993-9........................ 06/24/04 EF4-0054994-7........................ 06/26/04 EF4-0054995-4........................ 06/26/04 EF4-0055060-6........................ 06/25/04 EF4-0055070-5........................ 06/24/04 EF4-0055073-9........................ 06/21/04 EF4-0055090-3........................ 06/19/04 EF4-0055120-8........................ 07/01/04 EF4-0055125-7........................ 06/27/04 EF4-0055127-3........................ 07/03/04 EF4-0055128-1........................ 07/03/04 EF4-0055129-9........................ 06/29/04 EF4-0055130-7........................ 07/03/04 EF4-0055131-5........................ 07/03/04 EF4-0055132-3........................ 07/03/04 EF4-0055166-1........................ 07/09/04 EF4-0055177-8........................ 07/09/04 EF4-0055182-8........................ 07/10/04 EF4-0055200-8........................ 07/04/04 EF4-0055224-8........................ 07/05/04 EF4-0055227-1........................ 07/09/04 EF4-0055232-1........................ 07/09/04 EF4-0055234-7........................ 07/08/04 EF4-0055242-0........................ 07/17/04 EF4-0055263-6........................ 07/17/04 EF4-0055283-4........................ 07/12/04 EF4-0055299-0........................ 07/17/04 EF4-0055304-8........................ 07/09/04 EF4-0055313-9........................ 07/19/04 EF4-0055314-7........................ 07/23/04 EF4-0055315-4........................ 07/23/04 EF4-0055316-2........................ 07/23/04 EF4-0055318-8........................ 07/23/04 EF4-0055319-6........................ 07/23/04 EF4-0055336-0........................ 07/16/04 EF4-0055340-2........................ 07/22/04 EF4-0055385-7........................ 07/19/04 EF4-0055398-0........................ 07/30/04 EF4-0055401-2........................ 07/30/04 EF4-0055402-0........................ 07/30/04 EF4-0055403-8........................ 07/30/04 EF4-0055420-2........................ 07/22/04 EF4-0055421-0........................ 07/22/04 EF4-0055426-9........................ 07/22/04 EF4-0055430-1........................ 07/24/04 EF4-0055444-2........................ 07/25/04 EF4-0055486-3........................ 07/31/04 EF4-0055505-0........................ 07/29/04 EF4-0055506-8........................ 07/29/04 EF4-0055517-5........................ 08/08/04 EF4-0055522-5........................ 08/07/04 EF4-0055583-7........................ 08/13/04 EF4-0055584-5........................ 08/13/04 EF4-0055585-2........................ 08/24/04 EF4-0055598-5........................ 08/05/04 EF4-0055609-0........................ 08/14/04 EF4-0055635-5........................ 08/06/04 EF4-0055642-1........................ 08/12/04 EF4-0055647-0........................ 08/07/04 EF4-0055663-7........................ 08/15/04 EF4-0055676-9........................ 09/05/04 EF4-0055770-0........................ 08/11/04 EF4-0055771-8........................ 08/11/04 EF4-0055812-0........................ 08/19/04 EF4-0055818-7........................ 08/29/04 EF4-0055819-5........................ 08/27/04 EF4-0055831-0........................ 09/03/04 EF4-0055832-8........................ 09/03/04 EF4-0055834-4........................ 08/28/04 EF4-0055835-1........................ 08/14/04 EF4-0055836-9........................ 08/14/04 EF4-0055899-7........................ 09/06/04 EF4-0055900-3........................ 09/06/04 EF4-0055917-7........................ 09/02/04 EF4-0055960-7........................ 09/13/04 EF4-0055961-5........................ 09/10/04 EF4-0055962-3........................ 09/10/04 EF4-0055963-1........................ 09/11/04 EF4-0055965-6........................ 09/11/04 EF4-0055967-2........................ 09/11/04 EF4-0056074-6........................ 09/24/04 EF4-0056078-7........................ 09/16/04 EF4-0056079-5........................ 09/16/04 EF4-0056080-3........................ 09/16/04 EF4-0056108-2........................ 09/15/04 EF4-0056109-0........................ 08/26/04 EF4-0056123-1........................ 09/25/04 EF4-0056171-0........................ 09/10/04 EF4-0056197-5........................ 10/02/04 EF4-0056291-6........................ 09/29/04 EF4-0056303-9........................ 10/08/04 EF4-0056304-7........................ 10/04/04 EF4-0056354-2........................ 10/07/04 EF4-0056355-9........................ 10/09/04 EF4-0056356-7........................ 10/09/04 EF4-0056357-5........................ 10/09/04 EF4-0056359-1........................ 10/07/04 EF4-0056426-8........................ 10/16/04

Directs the Bureau of Customs and Border Protection to liquidate or reliquidate certain entries relating to high-density, fiberboard-core laminate panels and refund any amounts owed.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Business Development Improvements Act of 2010''. SEC. 2. MINORITY BUSINESS DEVELOPMENT PROGRAM. The Director of the Minority Business Development Agency shall establish the Minority Business Development Program (in this Act referred to as the ``Program'') to assist qualified minority businesses. The Program shall provide to such businesses the following: (1) Technical assistance. (2) Contract procurement assistance. SEC. 3. QUALIFIED MINORITY BUSINESS. (a) Certification.--For purposes of the Program, the Director may certify as a qualified minority business any entity that satisfies each of the following: (1) Not less than 51 percent of the entity is directly and unconditionally owned or controlled by historically disadvantaged individuals. (2) Each officer or other individual who exercises control over the regular operations of the entity is a historically disadvantaged individual. (3) The net worth of each principal of the entity is not greater than $2,000,000. (The equity of a disadvantaged owner in a primary personal residence shall be considered in this calculation.) (4) The principal place of business of the entity is in the United States. (5) Each principal of the entity maintains good character in the determination of the Director. (6) The entity engages in competitive and bona fide commercial business operations in not less than one sector of industry that has a North American Industry Classification System code. (7) The entity submits reports to the Director at such time, in such form, and containing such information as the Director may require. (8) Any additional requirements that the Director determines appropriate. (b) Term of Certification.--A certification under this section shall be for a term of 5 years and may not be renewed. SEC. 4. TECHNICAL ASSISTANCE. (a) In General.--In carrying out the Program, the Director may provide to qualified minority businesses technical assistance with regard to the following: (1) Writing business plans. (2) Marketing. (3) Management. (4) Securing sufficient financing for business operations. (b) Contract Authority.--The Director may enter into agreements with persons to provide technical assistance under this section. (c) Authorization of Appropriations.--There are authorized to be appropriated $200,000,000 to the Director to carry out this section. Such sums shall remain available until expended. SEC. 5. SET-ASIDE CONTRACTING OPPORTUNITIES. (a) In General.--The Director may enter into agreements with the United States Government and any department, agency, or officer thereof having procurement powers for purposes of providing for the fulfillment of procurement contracts and providing opportunities for qualified minority businesses with regard to such contracts. (b) Qualifications on Participation.--The Director shall by rule establish requirements for participation under this section by a qualified minority business in a contract. (c) Annual Limit on Number of Contracts Per Qualified Minority Business.--A qualified minority business may not participate under this section in contracts in an amount that exceeds $10,000,000 for goods and services each fiscal year. (d) Limits on Contract Amounts.-- (1) Goods and services.--Except as provided in paragraph (2), a contract for goods and services under this section may not exceed $6,000,000. (2) Manufacturing and construction.--A contract for manufacturing and construction services under this section may not exceed $10,000,000. SEC. 6. TERMINATION FROM THE PROGRAM. The Director may terminate a qualified minority business from the Program for any violation of a requirement of sections 3 through 5 of this Act by that qualified minority business, including the following: (1) Conduct by a principal of the qualified minority business that indicates a lack of business integrity. (2) Willful failure to comply with applicable labor standards and obligations. (3) Consistent failure to tender adequate performance with regard to contracts under the Program. (4) Failure to obtain and maintain relevant certifications. (5) Failure to pay outstanding obligations owed to the Federal Government. SEC. 7. REPORTS. (a) Report of the Director.--Not later than October 1, 2011, and annually thereafter, the Director shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the activities of the Director during the preceding year with respect to the Program. (b) Report of the Secretary of Commerce.--Not later than October 1, 2011, and annually thereafter, the Secretary of Commerce shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the activities the Secretary engaged in during the preceding year to build wealth among historically disadvantaged individuals. SEC. 8. DEFINITIONS. In this Act: (1) Historically disadvantaged individual.--The term ``historically disadvantaged individual'' means any individual who is a member of a group that is designated as eligible to receive assistance under section 1400.1 of title 15, Code of Federal Regulations, as in effect on January 1, 2009. (2) Principal.--The term ``principal'' means any person that the Director determines exercises significant control over the regular operations of a business entity.

Minority Business Development Improvements Act of 2010 - Requires the Director of the Minority Business Development Agency to establish the Minority Business Development Program to provide qualified minority businesses with technical assistance and contract procurement assistance. Outlines minority business qualification requirements for the Program, including that: (1) not less than 51% of the entity be directly and unconditionally owned or controlled by historically disadvantaged individuals; and (2) each officer or other individual exercising control over regular operations is a historically disadvantaged individual. Outlines specific types of technical assistance authorized under the Program. Authorizes the Director to enter into agreements for the fulfillment of federal procurement contracts by, and contracting opportunities for, qualified minority businesses. Provides contract limits. Allows the Director to terminate a qualified minority business from the Program under specified circumstances.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Heart Disease Education, Analysis, Research, and Treatment for Women Act'' or the ``HEART for Women Act''. SEC. 2. REPORTING OF DATA IN APPLICATIONS FOR DRUGS, BIOLOGICS, AND DEVICES. (a) In General.--The Comptroller General of the United States shall conduct a study investigating the extent to which sponsors of clinical studies of investigational drugs, biologics, and devices and sponsors of applications for approval or licensure of new drugs, biologics, and devices comply with Food and Drug Administration requirements and follow guidance for presentation of clinical study safety and effectiveness data by sex, age, and racial subgroups. (b) Report by GAO.-- (1) Submission.--Not later than 12 months after the date of the enactment of this Act, the Comptroller General shall complete the study under subsection (a) and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the results of such study. (2) Contents.--The report required by paragraph (1) shall include each of the following: (A) A description of the extent to which the Food and Drug Administration assists sponsors in complying with the requirements and following the guidance referred to in subsection (a). (B) A description of the effectiveness of the Food and Drug Administration's enforcement of compliance with such requirements. (C) An analysis of the extent to which females, racial and ethnic minorities, and adults of all ages are adequately represented in Food and Drug Administration-approved clinical studies (at all phases) so that product safety and effectiveness data can be evaluated by gender, age, and racial subgroup. (D) An analysis of the extent to which a summary of product safety and effectiveness data disaggregated by sex, age, and racial subgroup is readily available to the public in a timely manner by means of the product label or the Food and Drug Administration's Web site. (E) Appropriate recommendations for-- (i) modifications to the requirements and guidance referred to in subsection (a); or (ii) oversight by the Food and Drug Administration of such requirements. (c) Report by HHS.--Not later than 6 months after the submission by the Comptroller General of the report required under subsection (b), the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a response to such report, including a corrective action plan as needed to respond to the recommendations in such report. (d) Biennial Reports by the Food and Drug Administration.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter-- (1) the Director of the Office of Women's Health of the Food and Drug Administration shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that includes each of the elements described in subparagraphs (A) through (E) of subsection (b)(2), with respect to women's health; and (2) the Director of the Office of Minority Health of the Food and Drug Administration shall submit to such Committees a report that includes each of such elements, with respect to minority health. (e) Definitions.--In this section: (1) The term ``biologic'' has the meaning given to the term ``biological product'' in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (2) The term ``device'' has the meaning given to such term in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). (3) The term ``drug'' has the meaning given to such term in section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)). SEC. 3. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN WITH CARDIOVASCULAR DISEASES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-6. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN WITH CARDIOVASCULAR DISEASES. ``Not later than September 30, 2014, and annually thereafter, the Secretary of Health and Human Services shall prepare and submit to the Congress a report on the quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases. The report shall contain recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women.''. SEC. 4. EXTENSION OF WISEWOMAN PROGRAM. Section 1509 of the Public Health Service Act (42 U.S.C. 300n-4a) is amended-- (1) in subsection (a)-- (A) by striking the heading and inserting ``In General.--''; and (B) in the matter preceding paragraph (1), by striking ``may make grants'' and all that follows through ``purpose'' and inserting the following: ``may make grants to such States for the purpose''; (2) in subsection (d)(1), by striking ``there are authorized'' and all that follows through the period and inserting ``there are authorized to be appropriated $23,000,000 for fiscal year 2012, $25,300,000 for fiscal year 2013, $27,800,000 for fiscal year 2014, $30,800,000 for fiscal year 2015, and $34,000,000 for fiscal year 2016.''; and (3) by adding at the end the following new subsection: ``(e) Study.-- ``(1) The Secretary shall (directly or through grants or contracts) conduct a study of the impact of the Patient Protection and Affordable Care Act on the preventive health services, referrals, and follow-up services described in subsection (a). ``(2) Not later than 18 months after the date of enactment of this subsection, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Health, Education, Labor, and Pensions of the Senate a report containing the results of the study under paragraph (1) and recommendations for improving the provision of preventive health services, referrals, and follow-up services described in paragraph (1) to women eligible for such services under grants funded under this section.''.

Heart Disease Education, Analysis, Research, and Treatment for Women Act or the HEART for Women Act - Directs the Comptroller General to report on whether the presentation of clinical study safety and effectiveness data by sex, age, and racial subgroups complies with Food and Drug Administration (FDA) requirements. Requires the Secretary of Health and Human Services (HHS) to submit a response to such report, including a corrective action plan as needed. Requires the Director of the Office of Women's Health of FDA to report on the compliance of clinical studies of women's health with such FDA requirements, including requirements regarding: (1) the adequacy of representation of females, racial and ethnic minorities, and adults of all ages in approved clinical studies; and (2) the extent to which a summary of product safety and effectiveness data disaggregated by sex, age, and racial subgroup is available to the public. Requires the Director of the Office of Minority Health of FDA to submit a report that includes such information with respect to clinical studies of minority health. Amends the Public Health Service Act to require the Secretary to report on the quality of, and access to, care for women with heart disease, stroke, and other cardiovascular diseases and to include recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women. Reauthorizes a program to award grants for preventive heath services and referrals for medical treatment for women through entities that are screening women for breast or cervical cancer. Requires the Secretary to study the impact of the Patient Protection and Affordable Care Act on such services and make recommendations for improvement in the provision of preventive health services, referrals, and followup services to women eligible for such services.

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SECTION 1. TIMELY PAYMENT OF SOCIAL SECURITY BENEFITS IF STATUTORY DEBT LIMIT IS REACHED. (a) In General.--Section 1145 of the Social Security Act (42 U.S.C. 1320b-15) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection: ``(b) Timely Payment of Benefits if Statutory Debt Limit Is Reached.-- ``(1) Disinvestment of fund to make current benefit payments.--For the purpose of making payment of cash benefits or administrative expenses during any debt limit default period, public debt obligations held by the applicable Federal fund shall be sold or redeemed in an amount not to exceed the sum of-- ``(A) the face amount of obligations held by such fund which mature during such month; plus ``(B) the amount necessary only for the purpose of making payment of such benefits or administrative expenses and only to the extent cash assets of the applicable Federal fund are not available during such period for making payment of such benefits or administrative expenses. ``(2) Issuance of corresponding debt.--For purposes of undertaking the sale or redemption of public debt obligations held by the applicable Federal fund pursuant to paragraph (1), the Secretary of the Treasury shall issue corresponding public debt obligations to the public in order to obtain the amounts necessary for payment of benefits or administrative expenses from the applicable Federal fund, notwithstanding the public debt limit. ``(3) Definitions.--For purposes of this subsection-- ``(A) Debt limit default period.--The term `debt limit default period' means a period for which cash benefits or administrative expenses would not otherwise be payable from the applicable Federal fund by reason of an inability to issue further public debt obligations because of the public debt limit. ``(B) Applicable federal fund.--The term `applicable Federal fund' means a Federal fund specified in paragraph (1) or (2) of subsection (d).''. (b) Conforming Amendments.-- (1) Section 1145 of the Social Security Act, as amended by subsection (a), is amended-- (A) by redesignating subsection (d) as subsection (e), and (B) by inserting after subsection (c) the following new subsection: ``(d) Public Debt Limit.--For purposes of this section, the term `public debt limit' means the limitation established under section 3101 of title 31, United States Code, as increased under section 3101A of such title.''. (2) Section 1145(c) of the Social Security Act, as amended by subsection (a), is amended by striking ``established under section 3101 of title 31, United States Code''. SEC. 2. PRIORITIZATION OF PAYMENTS IN EVENT THAT STATUTORY DEBT LIMIT IS REACHED. Section 3101 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(d) In the event that the Secretary of the Treasury is not able to issue obligations to make all payments authorized by law due to the limitation under subsection (b) (as increased under section 3101A), the Secretary shall give equal priority to the following: payments of principal and interest on public debt; payments of amounts that the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue pay and allowances (without interruption) to the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service; payments determined by the President (and reported to the Congress) to be necessary to continue United States priorities of its vital national security interests; and payments for items and services under title XVIII of the Social Security Act (relating to Medicare).''. SEC. 3. CONTINUANCE OF MILITARY PAY AND ALLOWANCES DURING PERIODS OF LAPSED APPROPRIATIONS. (a) Continuance of Pay.--Chapter 19 of title 37, United States Code, is amended by adding at the end the following new section: ``SEC. 1015. CONTINUANCE OF PAY AND ALLOWANCES DURING PERIODS OF LAPSED APPROPRIATIONS. ``(a) Definitions.--In this section: ``(1) The term `military personnel accounts' means the military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense, generally title I of an annual Department of Defense appropriations Act, and the corresponding accounts for the Department of Homeland Security used to provide pay and allowances for members of the Coast Guard. ``(2) The term `pay and allowances' means basic pay, bonuses and special pay, allowances and any other forms of compensation available for members of the armed forces under this title or otherwise paid from the military personnel accounts. ``(3) The term `period of lapsed appropriations', when used with respect to members of the armed forces, means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution (including any Act or joint resolution making continuing appropriations) appropriating funds for the payment of the pay and allowances of members of the armed forces. ``(b) Appropriation of Funds To Continue Payment of Pay and Allowances.--For any period of lapsed appropriations, there are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to allow the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to continue to provide pay and allowances (without interruption) to members of the United States armed forces. ``(c) Limitation on Amounts Paid.--This section only authorizes the expenditure of funds during a period of lapsed appropriations for the pay and allowances of a member of the armed forces at a rate that is equal to the rate in effect for that member immediately before the start of the period of lapsed appropriations. The rate for a member may neither exceed the rate in effect immediately before the start of the period of lapsed appropriations nor be less than that rate, unless reduced by disciplinary action under the Uniform Code of Military Justice. ``(d) Relation to Other Pay Authorities.--This section shall not be construed to affect the entitlement of a member of the armed forces to an amount of pay and allowances that exceeds the amount of pay and allowances authorized to be paid under this section and to which the member becomes entitled under other applicable provisions of law. ``(e) Effect of End of Period of Lapsed Appropriations.-- Expenditures made for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever the regular appropriation bill (or other bill or joint resolution making continuing appropriations through the end of the fiscal year) becomes law.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1015. Continuance of pay and allowances during periods of lapsed appropriations.''.

Amends title XI (General Provisions) of the Social Security Act with respect to the payment of cash benefits or administrative expenses from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund (applicable federal funds) during any debt limit default period. Requires that during a debt limit default period public debt obligations held by the applicable federal fund be sold or redeemed in an amount not to exceed the sum of: (1) the face amount of obligations held by the fund which mature during the month in question; plus (2) the amount necessary only to pay such benefits or administrative expenses, and only to the extent cash assets of the fund are not available during that period to make such payments. Directs the Secretary of the Treasury, in order to undertake the sale or redemption of public debt obligations held by the applicable federal fund, to issue corresponding public debt obligations to the public in order to obtain the amounts necessary to make such payments, notwithstanding the public debt limit. Declares that, in the event that the Secretary is not able to issue obligations to make all authorized payments because the public debt limit has been reached, the Secretary shall give equal priority to the following: (1) payments of principal and interest on public debt; (2) payments of amounts that the Secretary of Defense (DOD) (and the Secretary of Homeland Security [DHS] in the case of the Coast Guard) determines to be necessary to continue pay and allowances (without interruption) to the Army, Navy, Air Force, Marine Corps, and Coast Guard, including their reserve components, who perform active service; (3) payments determined by the President (and reported to the Congress) to be necessary to continue U.S. priorities of its vital national security interests; and (4) payments for items and services under SSA title XVIII (Medicare). Makes appropriations, for any period of lapsed appropriations, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to continue to provide pay and allowances (without interruption) to members of the U.S. armed forces.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Reconstruction Study Area Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Reconstruction Era, during which Congress adopted the 13th amendment ending slavery, the 14th amendment guaranteeing civil rights, and the 15th amendment guaranteeing voting rights to all citizens of the United States, saw the occurrence of a transforming series of events in the history of the United States. (2) Beaufort, South Carolina, and the surrounding sea islands-- (A) contain significant historical and archaeological sites associated with the Reconstruction Era; and (B) offer a unique opportunity for preserving and interpreting the Reconstruction Era. (3) The first African-Americans to hear the reading of Abraham Lincoln's Emancipation Proclamation assembled on January 1, 1863, at the Old Fort Plantation on the Beaufort River in the State of South Carolina. (4) The Penn School, a national historic landmark located on St. Helena Island, South Carolina-- (A) was the first educational experiment of the Reconstruction Era and the eventual end of chattel slavery; and (B) remains 1 of the most significant African- American cultural and educational institutions in the United States. (5) The Freedmen's Bureau, located in the restored Beaufort College, served as the chief policy arm of the Federal Government for matters related to emancipated slaves during the Reconstruction Era. (6) Beaufort County, South Carolina, and the surrounding sea islands have many other noteworthy historic buildings and archaeological sites, including-- (A) buildings and sites associated with Robert Smalls, a former slave who-- (i) became a hero to the Union cause when he and several slaves seized control of the armed Confederate ship on which they served and then turned the ship over to the Union navy; and (ii) represented the State of South Carolina in the House of Representatives during the Reconstruction Era; (B) the first Freedmen's Village of Mitchellville on Hilton Head Island, South Carolina; (C) Camp Sexton, the site of the first African- American regiment mustered in the United States Army; and (D) Penn School and Beaufort College. (7) The National Park System does not have a park or historic site that focuses primarily on the preservation and interpretation of the Reconstruction Era. (8) The Reconstruction Era was a period of deep cultural, political, and economic division in the United States, and it is necessary to better understand this complex period of history and the continuing impact of this period on the United States. SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (2) Study area.-- (A) In general.--The term ``study area'' means the area comprised of historical sites in the historic district of Beaufort, South Carolina, relating to the Reconstruction Era. (B) Inclusions.--The term ``study area'' includes the following: (i) The Penn School. (ii) The Old Fort Plantation on the Beaufort River. (iii) The Freedmen's Bureau in Beaufort College. (iv) The First Freedmen's Village of Mitchellville on Hilton Head Island. (v) Various historic buildings and archaeological sites associated with Robert Smalls. (vi) The Beaufort Arsenal. (vii) other significant sites relating to the Reconstruction Era. SEC. 4. STUDY. (a) In General.--The Secretary shall complete a study of the study area to assess the suitability and feasibility of designating the study area as a unit of the National Park System. (b) Applicable Law.--The study required under subsection (a) shall be conducted in accordance with Public Law 91-383 (16 U.S.C. 1a-1 et seq.). SEC. 5. REPORT. As soon as practicable after the study under section 4 is completed, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the findings of the study and any conclusions and recommendations of the Secretary.

National Reconstruction Study Area Act - Directs the Secretary of the Interior to study and report on the suitability and feasibility of designating an area comprised of historical sites in the historic district of Beaufort, South Carolina, relating to the Reconstruction Era as a unit of the National Park System.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Caregiver Corps Act of 2014''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) As of 2013, more than 43,000,000 Americans are age 65 or older. More than 75 percent of such individuals live with chronic conditions which require assistance that helps them to live in a home- or community-based setting. In 2012, almost 38,000,000 Americans of all ages reported having one or more disabilities. (2) As of 2012, there were over 800,000 home health aides assisting older adults in their homes with activities of daily living and some light housekeeping tasks such as changing linens and preparing food. Direct care workers are critical as families and friends strive to provide quality care for individuals in the community. (3) Estimates suggest that there are 52,000,000 to 65,000,000 informal caregivers helping to provide care to adults with disabilities and illnesses. These caregivers help with a range of tasks but more time is spent on tasks such as shopping, food preparation, housekeeping, and laundry, and less time is spent on activities of daily living such as feeding, dressing, grooming, walking, bathing, and assistance toileting. (4) Over 60 percent of all informal caregivers work either full- or part-time. Even with the growing number of direct care workers available, there is a shortage in the number of people available to help support individuals who need extra assistance to remain in the community. (5) Only 12 percent of informal caregivers report having used a respite service. Respite is a means of giving the caregiver a break from their caregiving duties. Respite comes in many forms and may include having the individual attend an adult day program outside the home or having a friendly visitor serve as a companion and provide light assistance while the caregiver takes a break. (6) Respite volunteer programs exist in many communities. There is a range of ways that these programs offer incentives to the volunteers. Some programs use a time-banking or service- exchange approach as an incentive to engage volunteers, while other programs access funds from private and public sources to offer modest stipends to volunteers. (b) Purpose.--It is the purpose of this Act to establish a Caregiver Corps program to foster the creation of community-based Corps programs that provide for volunteer community service opportunities to address the shortage of assistance available for older adults and individuals with disabilities. SEC. 3. ESTABLISHMENT OF CAREGIVER CORPS PROGRAM. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-6. CAREGIVER CORPS. ``(a) Contract for Establishment of Caregiver Corps Program.-- ``(1) In general.--The Secretary shall enter into a contract with a nonprofit entity for the development of an online toolkit and guidance providing for the establishment and implementation of Caregiver Corps (referred to in this section as `Corps') volunteer programs in local communities. ``(2) Requirements.--The toolkit and guidance developed under paragraph (1) shall be based on best practice methods from existing private and public sector volunteer programs and include-- ``(A) guidance on the recruitment, screening, and training of Corps volunteers; ``(B) guidance on recommended processes for administering and evaluating the performance of local Corps programs; ``(C) guidance on options for securing start-up and operational funding for local Corps programs; ``(D) sources for obtaining ongoing technical assistance; and ``(E) guidance on how communities can promote larger community involvement and cultivate partnerships and connections between local Corps programs. ``(3) Grants.--The Secretary may award grants to public and private nonprofit entities for the operation of local Corps programs under subsection (b) in accordance with this section. ``(b) Requirements of Caregiver Corps Programs.-- ``(1) Local caregiver corps programs.-- ``(A) Eligibility.--To be eligible to be a local Corps program for purposes of this section, an entity shall be-- ``(i) an area agency on aging; ``(ii) a time-banking or volunteer organizing agency; ``(iii) a college or university; ``(iv) a State, county, or local government; or ``(v) any other entity determined to be appropriate by the Secretary. ``(B) Duties and activities.--A local Corps program shall-- ``(i) conduct screening and criminal history background checks of Corps volunteers; ``(ii) provide in-person orientation and training for Corps volunteers; ``(iii) develop and monitor volunteer assignments, which shall include selecting the adults to be served by Corps volunteers, matching volunteers to assignments, and supervising the volunteers; ``(iv) assist in the provision of appropriate volunteer recognition; ``(v) maintain records and prepare reports as required by the Secretary; and ``(vi) carry out any other activities determined appropriate by the Secretary. ``(2) Caregiver corps volunteers.-- ``(A) Eligibility.-- ``(i) In general.--To be eligible to serve as a volunteer for a local Corps program, an individual shall-- ``(I) be at least 18 years of age and willing to accept supervision as required by the local Corps program; ``(II) consent to a criminal background check; and ``(III) meet such other requirements as the local Corps program shall require. ``(ii) Limitation.--Eligibility to be a volunteer for a local Corps program shall not be restricted on the basis of education, employment experience, citizenship, race, color, creed, belief, gender, sexual orientation, national origin, disability, or political affiliation. ``(B) Terms of service.-- ``(i) In general.--An individual may serve as a full- or part-time volunteer for an initial period of not to exceed 2 years. ``(ii) Limitation.--An individual who serves as a volunteer for a local Corps program shall not be considered to be an employee of the local Corps program for purposes of the application of any Federal or State employment- related law. ``(C) Functions.-- ``(i) In general.--A Corps volunteer shall-- ``(I) provide assistance to an older individual or an individual with disabilities who needs additional services to remain in the community; ``(II) provide assistance to give an informal caregiver respite from his or her caregiving duties; ``(III) serve as a companion to older individuals and individuals with disabilities; ``(IV) provide assistance for which such volunteer is qualified, as determined by the local Corps program; and ``(V) not provide personal care or administer prescription medications. ``(ii) Individuals to be served.--To be eligible to obtain Corps volunteer services, an individual shall be an adult aged 65 or older, or an individual eligible for Social Security Disability Insurance, who is in need of assistance to achieve and maintain their highest level of independent living. ``(iii) Required service to individuals.-- The activities of a Corps volunteer shall involve person-to-person relationships with the individuals being served and shall not include the provision of any service to the local Corps program involved. ``(3) Direct benefits.--A local Corps program-- ``(A) shall provide for appropriate recognition of Corps volunteers; and ``(B) may, at the discretion of the local Corps program, provide compensation to a Corps volunteer, in the manner determined appropriate by the local Corps program, which may include stipends, tuition incentives or academic credit, or the banking of volunteer hours for use against future needs for assistance. ``(4) Reporting.--Not less than annually, a local Corps program shall submit to the Secretary a report that contains, with respect to the year for which the report is prepared-- ``(A) aggregate data on the number of Corps volunteers trained, the number of Corps volunteers providing service, the number of hours of service provided, and the number of individuals being served; and ``(B) data to inform the Secretary and local communities of any system and consumer outcome impacts of the local Corps program. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary.''.

Caregiver Corps Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to contract with a nonprofit to develop an online toolkit and guidance providing for the establishment and implementation of Caregiver Corps volunteer programs in which volunteers provide assistance to individuals who are in need of assistance to remain in the community and are either aged 65 or older, or eligible for Social Security Disability Insurance. Requires Caregiver Corps volunteers to provide assistance by giving an informal caregiver respite from caregiving duties, serving as a companion, or providing other assistance for which the volunteer is qualified. Prohibits volunteers from providing personal care or administering prescription medications. Allows the Secretary to award grants for the operation of local Corps programs. Requires local Corps programs to screen, train, and supervise volunteers. Directs local Corps programs to appropriately recognize volunteers. Allows programs to provide compensation to volunteers.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare HMO Protection Act of 1998''. SEC. 2. AUTHORITY TO EVALUATE AND ALTER TERMINATION DECISIONS. Section 1851(g)(3) of the Social Security Act (42 U.S.C. 1395w- 21(g)(3)) is amended by adding at the end the following: ``(E) Authority to delay termination date.-- ``(i) In general.--If a Medicare+Choice organization terminates a plan under subparagraph (B)(iii), the Secretary may delay the effectiveness of such termination if the Secretary determines that-- ``(I) the termination would cause an imminent and serious risk to the health of individuals enrolled under the plan under this part; ``(II) the termination would result in a significant reduction in the Medicare+Choice plans that are available in the area affected by the termination; or ``(III) the organization terminating coverage is offering Medicare+Choice plans in contract areas that are in close proximity to the area affected by the termination without suffering considerable financial losses. In making the determination described in subclause (III), the Secretary may audit and inspect any books or records of the organization pursuant to the authority provided to the Secretary under section 1857(d). ``(ii) End of delay.--The Secretary may end a delay under clause (i), prior to the end of the period established by the Secretary under such clause, if the Secretary determines that an adequate provider network has been established which will provide at least an equal level of insurance coverage as existed in the area affected by the termination on the date the Medicare+Choice organization informed the Secretary of its intention to terminate the contract. ``(F) Authority to renegotiate contract.--If the Secretary delays the effectiveness of a termination for a period pursuant to subparagraph (E), the Secretary and the Medicare+Choice organization terminating coverage pursuant to subparagraph (B)(iii) may negotiate during such period for a new contract under section 1857 which will enable such organization to continue such coverage. In negotiating such contract, the Secretary shall ensure that beneficiaries are not adversely affected by such contract.''. SEC. 3. EXTENSION OF INITIAL MEDICARE+CHOICE CONTRACT PERIOD TO 3 YEARS. (a) In General.--Section 1857(c)(1) of the Social Security Act (42 U.S.C. 1395w-27(c)(1)) is amended by striking ``a term of at least 1 year'' and inserting ``a term of at least 3 years''. (b) Effective Date.--The amendment made by subsection (a) applies to contracts entered into on or after the date of enactment of this Act. SEC. 4. NOTICE OF TERMINATION. (a) In General.--Section 1857(d)(3) of the Social Security Act (42 U.S.C. 1395w-27(d)(3)) is amended to read as follows: ``(3) Enrollee notice at time of termination.-- ``(A) In general.--Each contract under this section shall require the organization to provide (and pay for) written notice at least 120 days prior to the contract's termination, as well as a description of alternatives for obtaining benefits under this title, to each individual enrolled with the organization under this part. ``(B) Description.--The description of alternatives referred to in subparagraph (A) shall include a description of-- ``(i) all Medicare+Choice plans and medicare supplemental policies available in the area where the contract that is being terminated is serving beneficiaries and the costs of such plans and policies; and ``(ii) the telephone number of local social service agencies providing assistance to medicare beneficiaries in such area.''. (b) Effective Date.--The amendment made by subsection (a) applies to any notice of termination which is provided on or after the date of enactment of this Act.

Medicare HMO Protection Act of 1998 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to delay the effectiveness of a Medicare+Choice organization's termination of its plan with respect to all individuals in an area, if: (1) the termination would cause an imminent and serious health risk to enrollees; (2) the termination would result in a significant reduction in the Medicare+Choice plans available in the area affected; or (3) the organization terminating coverage is offering Medicare+Choice plans in contract areas close to the area affected without suffering considerable financial losses. Amends Medicare part C with regard to contracts with Medicare+Choice organizations to provide for extension of the initial Medicare+Choice contract period from one year to three years and to revise certain requirements for notification of enrollees at the time of contract termination.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Credit Expansion Act''. SEC. 2. ELIGIBILITY FOR FARM LOANS. (a) Farm Ownership Loans.--Section 302(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(a)) is amended-- (1) by striking ``(a) In General.--The'' and inserting the following: ``(a) In General.-- ``(1) Eligibility requirements.--The''; (2) in the 1st sentence, by inserting after ``limited liability companies'' the following: ``, and such other legal entities as the Secretary deems appropriate,''; (3) in the 2nd sentence, by redesignating clauses (1) through (4) as clauses (A) through (D), respectively; (4) in each of the 2nd and 3rd sentences, by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities''; and (5) by adding at the end the following: ``(2) Special deeming rules.-- ``(A) Eligibility of certain operating-only entities.--An entity that is or will become only the operator of a family farm is deemed to meet the owner- operator requirements of paragraph (1) if the individuals that are the owners of the family farm own more than 50 percent (or such other percentage as the Secretary determines is appropriate) of the entity. ``(B) Eligibility of certain embedded entities.--An entity that is an owner-operator described in paragraph (1), or an operator described in subparagraph (A) of this paragraph that is owned, in whole or in part, by other entities, is deemed to meet the direct ownership requirement imposed under paragraph (1) if at least 75 percent of the ownership interests of each embedded entity of such entity is owned directly or indirectly by the individuals that own the family farm.''. (b) Conservation Loans.--Section 304(c) of such Act (7 U.S.C. 1924(c)) is amended by inserting after ``limited liability companies'' the following: ``, or such other legal entities as the Secretary deems appropriate,''. (c) Farm Operating Loans.--Section 311(a) of such Act (7 U.S.C. 1941(a)) is amended-- (1) by striking ``(a) In General.--The'' and inserting the following: ``(a) In General.-- ``(1) Eligibility requirements.--The''; (2) in the 1st sentence, by inserting after ``limited liability companies'' the following: ``, and such other legal entities as the Secretary deems appropriate,''; (3) in the 2nd sentence, by redesignating clauses (1) through (4) as clauses (A) through (D), respectively; (4) in each of the 2nd and 3rd sentences, by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities''; and (5) by adding at the end the following: ``(2) Special deeming rule.--An entity that is an operator described in paragraph (1) that is owned, in whole or in part, by other entities, is deemed to meet the direct ownership requirement imposed under paragraph (1) if at least 75 percent of the ownership interests of each embedded entity of such entity is owned directly or indirectly by the individuals that own the family farm.''. (d) Emergency Loans.--Section 321(a) of such Act (7 U.S.C. 1961(a)) is amended-- (1) by striking ``owner-operators (in the case of loans for a purpose under subtitle A) or operators (in the case of loans for a purpose under subtitle B)'' each place it appears and inserting ``(in the case of farm ownership loans in accordance with subtitle A) owner-operators or operators, or (in the case of loans for a purpose under subtitle B) operators''; (2) by inserting after ``limited liability companies'' the 1st place it appears the following: ``, or such other legal entities as the Secretary deems appropriate''; and (3) by inserting after ``limited liability companies'' the 2nd place it appears the following: ``, or other legal entities''; (4) by striking ``and limited liability companies,'' and inserting ``limited liability companies, and such other legal entities''; (5) by striking ``ownership and operator'' and inserting ``ownership or operator''; and (6) by adding at the end the following: ``An entity that is an owner-operator or operator described in this subsection is deemed to meet the direct ownership requirement imposed under this subsection if the entity is owned, in whole or in part, by other entities and each individual that is an owner of the family farm involved has a direct or indirect ownership interest in each of the other entities.''. (e) Conforming Amendments.-- (1) Section 304(c)(2) of such Act (7 U.S.C. 1924(c)(2)) by striking ``paragraphs (1) and (2) of section 302(a)'' and inserting ``subparagraphs (A) and (B) of section 302(a)(1)''. (2) Section 310D of such Act (7 U.S.C. 1934) is amended-- (A) by inserting after ``partnership'' the following: ``, or such other legal entities as the Secretary deems appropriate,''; and (B) by inserting after ``partners'' the following: ``, or owners,''. (3) Section 343(a)(11) of such Act (7 U.S.C. 1991(a)(11)) is amended-- (A) by inserting after ``joint operation,'' the 1st place it appears the following: ``or such other legal entity as the Secretary deems appropriate,''; (B) by striking ``or joint operators'' each place it appears and inserting ``joint operators, or owners''; and (C) by inserting after ``joint operation,'' each other place it appears the following: ``or such other legal entity,''. (4) Section 359(b)(2) of such Act (7 U.S.C. 2006a(b)(2)) is amended by striking ``section 302(a)(2) or 311(a)(2)'' and inserting ``section 302(a)(1)(B) or 311(a)(1)(B)''.

Agricultural Credit Expansion Act - Amends the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency operating loans, farm ownership loans, conservation loans, and emergency loans. Deems specified embedded entities (an entity owned wholly or in part by another entity) eligible for farm ownership and operating loans. Deems specified operating-only entities eligible for farm ownership loans. Deems an entity that is an owner-operator or operator to meet the direct ownership loan requirement if it is owned in whole or in part by other entities and each individual that is an owner of the family farm involved has an ownership interest in each of the other entities.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Protection Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds and declares that-- (1) within certain States, the willingness of volunteers to offer their services has been increasingly deterred by a perception that they thereby put personal assets at risk in the event of liability actions against the organization they serve; (2) as a result of this perception, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, local governments, foundations, and other civic programs, have been adversely affected through the withdrawal of volunteers from boards of directors and service in other capacities; (3) the contribution of these programs to their communities is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating; and (4) because Federal funds are expended on useful and cost effective social service programs which depend heavily on volunteer participation, protection of voluntarism through clarification and limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate subject for Federal encouragement of State reform. (b) Purpose.--It is the purpose of this Act to-- (1) promote the interests of social service program beneficiaries and taxpayers; and (2) sustain the availability of programs and nonprofit organizations and governmental entities which depend on volunteer contributions by encouraging reasonable reform of State laws to provide protection from personal financial liability to volunteers serving with nonprofit organizations and governmental entities for actions undertaken in good faith on behalf of such organizations. SEC. 3. NO PREEMPTION OF STATE TORT LAW. Nothing in this Act shall be construed to preempt the laws of any State governing tort liability actions. SEC. 4. STATE STATUTES PROVIDING FOR LIMITATIONS ON LIABILITY FOR VOLUNTEERS. An allotment may be increased for a State under the provisions of section 5, if the State statute referred to under subsection (a) of such section includes the following provisions: (1) Except as provided in paragraphs (2) and (4), any volunteer of a nonprofit organization or governmental entity shall incur no personal financial liability for any tort claim alleging damage or injury from any act or omission of the volunteer on behalf of the organization or entity if-- (A) such individual was acting in good faith and within the scope of such individual's official functions and duties with the organization or entity; and (B) such damage or injury was not caused by willful and wanton misconduct by such individual. (2) Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of such organization or entity. (3) Nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to injury caused to any person. (4) The following conditions on, and exceptions to, the granting of liability may be imposed for protection to any volunteer of an organization or entity required under paragraph (1): (A) The organization or entity shall adhere to risk management procedures, including mandatory training of volunteers. (B) The organization or entity shall be liable for the acts or omissions of its volunteers to the same extent as an employer is liable, under the laws of the State, for the acts or omissions of its employees. (C) The protection from liability shall not apply if the volunteer was operating a motor vehicle or was operating a vessel, aircraft, or other vehicle for which a pilot's license is required. (D) The protection from liability shall not apply in the case of a suit brought by an appropriate officer of a State or local government to enforce a Federal, State, or local law. (E) The protection from liability shall apply only if the organization or entity provides a financially secure source of recovery for individuals who suffer injury as a result of actions taken by a volunteer on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the entity will be able to pay for losses up to a specified amount. Separate standards for different types of liability exposure may be specified. SEC. 5. CERTIFICATION REQUIREMENT AND ADJUSTMENT OF SOCIAL SERVICES BLOCK GRANT ALLOTMENTS. (a) Certification and Block Grant Allotments.--In the case of any State which certifies, not later than 2 years after the date of the enactment of this Act, to the Secretary of Health and Human Services that it has enacted, adopted, or otherwise has in effect State law which substantially complies with section 4, the Secretary shall increase by 1 percent the fiscal year allotment which would otherwise be made to such State to carry out the Social Services Block Grant Program under title XX of the Social Security Act. (b) Continuation of Increase.--Any increase made under subsection (a) in an allotment to a State shall remain in effect only if the State makes a certification to the Secretary of Health and Human Services, not later than the end of each 1-year period occurring successively after the end of the 2-year period described in subsection (a), that it has in effect State law which substantially complies with section 4(a). SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``volunteer'' means an individual performing services for a nonprofit organization or a governmental entity who does not receive compensation, or any other thing of value in lieu of compensation, for such services (other than reimbursement for expenses actually incurred or honoraria not to exceed $300 per year for government service), and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer; (2) the term ``nonprofit organization'' means any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (3) the term ``damage or injury'' includes physical, nonphysical, economic, and noneconomic damage; and (4) the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession.

Volunteer Protection Act of 1993 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Wild Sky Wilderness and Backcountry Wilderness Management Area Act of 2004''. SEC. 2. ADDITION OF WILD SKY WILDERNESS TO NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Designation.--Certain Federal lands in the State of Washington comprising approximately 92,722 acres, as generally depicted on the map entitled ``Wild Sky Wilderness and Backcountry Wilderness Management Area Proposal'' and dated September 2004, are hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System. The Federal lands designated as wilderness by this subsection shall be known as the Wild Sky Wilderness. (b) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the Wild Sky Wilderness with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service. (c) Administration.--Subject to valid existing rights, the Secretary of Agriculture shall manage the Wild Sky Wilderness in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to the Wild Sky Wilderness, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. To fulfill the purposes of this Act and the Wilderness Act and to achieve administrative efficiencies, the Secretary may manage the Wild Sky Wilderness as a comprehensive part of the larger complex of adjacent and nearby wilderness areas. (d) Maintenance and Use of Certain Structures.-- (1) Repeater site.--Within the Wild Sky Wilderness, the Secretary of Agriculture is authorized to use helicopter access to construct and maintain a joint Forest Service and Snohomish County repeater site, in compliance with a Forest Service approved communications site plan, for the purposes of improving communication for safety, health, and emergency services. (2) Evergreen mountain lookout.--The designation of the Wild Sky Wilderness shall not preclude the operation and maintenance of the Evergreen Mountain Lookout, in the same manner and degree in which the operation and maintenance of the lookout was occurring as of the date of enactment of this Act. (e) Access.-- (1) Private inholdings.--Consistent with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary of Agriculture shall assure adequate access to private inholdings in the Wild Sky Wilderness. (2) Float plane access.--As provided by section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake Isabel in the Wild Sky Wilderness, where such use was established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable restrictions as the Secretary of Agriculture determines desirable. (f) Land Acquisition Authority.-- (1) In general.--The Secretary of Agriculture may acquire lands and interests therein in the Wild Sky Wilderness by purchase, donation, or exchange. The Secretary shall give priority consideration to the acquisition of those lands identified as Priority Acquisition Lands on the map described in subsection (a). (2) Appraisal.--Valuation of private lands shall be determined without reference to any restrictions on access or use that arise out of designation of the Wild Sky Wilderness or inclusion of adjacent Federal lands in the Skykomish Backcountry Wilderness Management Area under section 3. (3) Boundary adjustment.--The boundaries of the Mt. Baker- Snoqualmie National Forests and the Wild Sky Wilderness shall be adjusted to reflect any land acquisitions or exchanges conducted under this subsection. SEC. 3. DESIGNATION OF BACKCOUNTRY WILDERNESS MANAGEMENT AREA, SKYKOMISH RIVER VALLEY, WASHINGTON. (a) Designation.--Certain Federal lands in the State of Washington comprising approximately 13,278 acres, as generally depicted on the map referred to in section 2(a), are hereby designated as the Skykomish Backcountry Wilderness Management Area for the purpose of conserving, protecting, and enhancing for the benefit and enjoyment of present and future generations the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, and scenic resources of the Federal lands included in the management area. (b) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the management area with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service. (c) Administration.--The Secretary of Agriculture shall manage the Federal lands included in the management area to preserve their natural character and to protect and enhance water quality. (d) Management Plan.--Not later than three years after the date of the enactment of this Act, the Secretary of Agriculture shall develop a management plan for the management area. The Secretary shall prepare the management plan in consultation with representatives of the State of Washington, the political subdivisions of the State containing the management area, and other interested persons. (e) Wildlife Management.--The designation of the management area neither affects nor diminishes the jurisdiction of the State of Washington with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, on Federal lands included in the management area. (f) Withdrawal.--Subject to valid existing rights, the Federal lands included in the management area are withdrawn from all forms of entry, appropriation, and disposal under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing, mineral materials, and geothermal leasing laws. (g) Motorized and Mechanized Travel Authorized.--Motorized and mechanized travel in the management area shall be restricted to designated trails and routes specified in the management plan required by subsection (d). Pending completion of the management plan, the Secretary of Agriculture may designate the trails and routes in the management area on which motorized and mechanized travel is authorized. Other trails and routes may be used for motorized and mechanized travel whenever the Secretary considers such use to be necessary for administrative purposes or to respond to an emergency. (h) Prohibition on Commercial Timber Harvesting.--The Secretary of Agriculture shall not permit the commercial harvest of timber in the management area. (i) Land Acquisition Authority.-- (1) In general.--The Secretary of Agriculture may acquire lands and interests therein in the management area by purchase, donation, or exchange. The Secretary shall give priority consideration to the acquisition of those lands identified as Priority Acquisition Lands on the map described in section 2(a). (2) Appraisal.--Valuation of private lands shall be determined without reference to any restrictions on access or use that arise out of inclusion of adjacent Federal lands in the management area or designation of the Wild Sky Wilderness. (3) Boundary adjustment.--The boundaries of the Mt. Baker- Snoqualmie National Forests and the management area shall be adjusted to reflect any land acquisitions or exchanges conducted under this subsection. SEC. 4. DEVELOPMENT AND IMPLEMENTATION OF TRAIL PLAN. (a) Trail Plan Required.--The Secretary of Agriculture shall establish, in consultation with interested parties, a trail plan for National Forest System lands described in this paragraph in order to develop the following: (1) A system of hiking and equestrian trails in the Wild Sky Wilderness in a manner consistent with section 2 and the Wilderness Act (16 U.S.C. 1131 et seq.). (2) A system of hiking and equestrian trails in the Backcountry Wilderness Management Area in a manner consistent with section 3. (3) A system of trails adjacent to the Wild Sky Wilderness or the Backcountry Wilderness Management Area to provide access to such areas. (b) Implementation Report.--Within two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the trail plan. The report shall include the identification of those trails regarding which development is a priority. SEC. 5. LAND EXCHANGES, CHELAN COUNTY PUBLIC UTILITY DISTRICT, WASHINGTON. (a) Land Exchanges Required.--In accordance with this section, the Secretary of Agriculture shall carry out a land exchange with the Chelan County Public Utility District in the State of Washington to exchange lands and interests in lands, as generally depicted on the map entitled ``Chelan County Public Utility District Exchange'' and dated May 22, 2002. (b) Acceptance of Lands.--If, within 90 days after the date of enactment of this Act, the Chelan County Public Utility District offers to the Secretary of Agriculture approximately 371.8 acres of lands held by the Utility District in the Mt. Baker-Snoqualmie National Forests in the State of Washington, the Secretary shall accept such lands if the title is acceptable to the Secretary and there is no hazardous material on such lands, which is objectionable to the Secretary. (c) Conveyance of Easement.--Upon acceptance of title by the Secretary of Agriculture under subsection (b), the Secretary shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of the date of enactment of this Act, to maintain an existing snowtel site on 1.82 acres of Federal land in the Wenatchee National Forest in the State of Washington. (d) Reversion.--As a condition on the conveyance under subsection (c), the Chelan County Public Utility District shall notify the Secretary of Agriculture if the Utility District determines that there is no longer a need to maintain a snowtel site on the lands subject to the easement conveyed under subsection (c) to monitor the snow pack for calculating expected runoff into the Lake Chelan hydroelectric project and the hydroelectric projects in the Columbia River Basin. Upon receipt of such notice, the easement shall be extinguished and all rights conveyed under such subsection shall revert to the United States.

Wild Sky Wilderness and Backcountry Wilderness Management Area Act of 2004 - Designates specified Federal lands in the State of Washington (the State) as: (1) the Wild Sky Wilderness (the Wilderness); and (2) the Skykomish Backcountry Wilderness Management Area (the Area). Directs the Secretary of Agriculture to manage the Wilderness in accordance with the Wilderness Act and this Act. Authorizes the Secretary to use helicopter access to construct and maintain a joint U.S. Forest Service and Snohomish County repeater site, in compliance with a Forest Service-approved communications site plan, to improve communication for safety, health, and emergency services. Directs the Secretary to: (1) develop a management plan for the Area (but prohibits the Secretary from permitting commercial timber harvest in the Area); (2) establish a trail plain for specified National Forest System lands to develop a system of hiking and equestrian trails in the Wilderness and the Area, and trails adjacent to the Wilderness or the Area; and (3) carry out a land exchange with the Chelan County Public Utility District in the State, subject to specified requirements.

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Strengthening American Transportation Security Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; sense of Congress. Sec. 3. Definitions. Sec. 4. Conversion of screening personnel. Sec. 5. Transition rules. Sec. 6. Consultation requirement. Sec. 7. No right to strike. Sec. 8. Regulations. Sec. 9. Delegations to Administrator. Sec. 10. Authorization of appropriations. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) On September 11, 2001, 19 terrorists, who underwent airport security screening prior to boarding domestic flights, were able to commandeer 4 airplanes and use those airplanes to perpetrate the most deadly terrorist attack ever to be executed on United States soil. (2) In the aftermath of those attacks, Congress passed the Aviation and Transportation Security Act (Public Law 107-71), which was signed into law by President George W. Bush on November 19, 2001-- (A) to enhance the level of security screening throughout our aviation system; and (B) to transfer responsibility for such screening from the private sector to the newly established Transportation Security Administration (referred to in this section as ``TSA''). (3) By establishing TSA, Congress and the American public recognized that the highest level of screener performance was directly linked to employment and training standards, pay and benefits, and the creation of an experienced, committed screening workforce. (4) Section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) authorizes the Under Secretary of Transportation for Security to ``employ, appoint, discipline, terminate, and fix the compensation, terms, and conditions of employment of Federal service for such a number of individuals as the Under Secretary determines to be necessary to carry out the screening functions of the Under Secretary under section 44901 of title 49, United States Code''. The functions of the TSA were transferred to the Department of Homeland Security by section 403 of the Homeland Security Act of 2002 (6 U.S.C. 203). (5) TSA has interpreted the authorization set forth in paragraph (4) as applying to the majority of the Transportation Security Officer workforce performing screening functions, while all other Transportation Security Administration employees, including managers, are subject to title 5, United States Code, as incorporated in title 49 of such Code. (6) In November 2006, the International Labor Organization ruled that the Bush Administration violated international labor law when it prohibited Transportation Security Officers from engaging in collective bargaining. (7) After the Federal Labor Relations Board approved a petition for the election of an exclusive representative, on February 4, 2011, TSA Administrator John Pistole issued a binding determination stating that ``it is critical that every TSA employee feels that he or she has a voice and feels safe raising issues and concerns of all kinds. This is important not just for morale; engagement of every employee is critically important for security.''. (8) This determination was superseded by a second determination issued on December 29, 2014, which changed the previous guideline for collective bargaining and resulting in limitations in the subjects that can be bargained, issues in dispute that may be raised to an independent, third-party neutral decisionmaker (such as an arbitrator or the Merit Systems Protection Board), and barriers to union representation of the Transportation Security Officer workforce. (9) The 2011 and 2014 determinations both cited TSA's authority under section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) to create a personnel system that denies the Transportation Security Officer workforce the rights under title 5, United States Code, that are provided to most other Federal workers, including-- (A) the right to appeal adverse personnel decisions to the Merit Systems Protection Board; (B) fair pay under the General Services wage system, 2011; (C) fair pay and raises under the General Services wage system, including overtime guidelines, access to earned leave; (D) the application of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); (E) fair performance appraisals under chapter 73 of title 5, United States Code; and (F) direct protections against employment discrimination set forth in title 7, United States Code. (b) Sense of Congress.--It is the sense of Congress that-- (1) the personnel system utilized by the Transportation Security Administration pursuant to section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) provides insufficient workplace protections for the Transportation Security Officer workforce, who are the frontline personnel who secure our Nation's aviation system; and (2) such personnel should be entitled to the protections under title 5, United States Code. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the official within the Department of Homeland Security who is responsible for overseeing and implementing transportation security pursuant to the Aviation and Transportation Security Act, whether designated as the Assistant Secretary of Homeland Security (Transportation Security Administration), the Administrator of the Transportation Security Administration, the Undersecretary of Transportation for Security, or otherwise. (2) Agency.--The term ``agency'' means an Executive agency, as defined by section 105 of title 5, United States Code. (3) Conversion date.--The term ``conversion date'' means the date as of which paragraphs (1) through (3) of section 3(b) take effect. (4) Covered employee.--The term ``covered employee'' means an employee who holds a covered position. (5) Covered position.--The term ``covered position'' means-- (A) a position within the Transportation Security Administration; and (B) any position within the Department of Homeland Security, not described in subparagraph (A), the duties and responsibilities of which involve providing transportation security in furtherance of the purposes of the Aviation and Transportation Security Act (Public Law 107-71), as determined by the Secretary. (6) Employee.--The term ``employee'' has the meaning given such term by section 2105 of title 5, United States Code. (7) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (8) TSA personnel management system.--The term ``TSA personnel management system'' means any personnel management system established or modified under-- (A) section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note); or (B) section 114(n) of title 49, United States Code. SEC. 4. CONVERSION OF SCREENING PERSONNEL. (a) Termination of Certain Personnel Authorities.-- (1) TSA personal management system.--Section 114 of title 49, United States Code, is amended by striking subsection (n). (2) Termination of flexibility in employment of screener personnel.--Section 111 of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is amended by striking subsection (d). (3) Human resources management system.-- (A) In general.--Section 9701 of title 5, United States Code, is amended-- (i) by redesignating subsection (h) as subsection (i); and (ii) by inserting after subsection (g) the following: ``(h) Limitation.--The human resources management system authorized under this section shall not apply to covered employees or covered positions (as such terms are defined in section 3 of the Strengthening American Transportation Security Act of 2016).''. (B) Effective date.--The amendments made by subparagraph (A) shall take effect on the date set forth in subsection (b). (b) Covered Employees and Positions Made Subject to Same Personnel Management System as Applies to Civil Service Employees Generally.--On the earlier of a date determined by the Secretary or 60 days after the date of the enactment of this Act-- (1) all TSA personnel management personnel policies, directives, letters, and guidelines, including the Determinations of February 2011 and December 2014 shall cease to be effective; (2) any human resources management system established or adjusted under section 9701 of title 5, United States Code, shall cease to be effective with respect to covered employees and covered positions; and (3) covered employees and covered positions shall become subject to the applicable labor provisions under title 49, United States Code. SEC. 5. TRANSITION RULES. (a) Nonreduction in Rate of Pay.--Any conversion of an employee from a TSA personnel management system to the provisions of law referred to in section 4(b)(3) shall be effected, under pay conversion rules prescribed by the Secretary, without any reduction in the rate of basic pay payable to such employee. (b) Preservation of Other Rights.--The Secretary shall take any necessary actions to ensure, for any covered employee as of the conversion date, that-- (1) all service performed by such covered employee before the conversion date is credited in the determination of such employee's length of service for purposes of applying the provisions of law governing leave, pay, group life and health insurance, severance pay, tenure, and status, which are made applicable to such employee under section 4(b)(3); (2) all annual leave, sick leave, or other paid leave accrued, accumulated, or otherwise available to the covered employee immediately before the conversion date remains available to the employee, until used, while the employee remains continuously employed by the Department of Homeland Security; and (3) the Government share of any premiums or other periodic charges under the provisions of law governing group health insurance remains at the level in effect immediately before the conversion date while the employee remains continuously employed by the Department of Homeland Security. SEC. 6. CONSULTATION REQUIREMENT. (a) Exclusive Representative.--The labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or successor organization shall be deemed the exclusive representative of full- and part-time nonsupervisory personnel carrying out screening functions under section 44901 of title 49, United States Code under chapter 71 of title 5, United States Code, with full rights under such chapter 71. (b) Consultation Rights.--Not later than 14 days after the date of the enactment of this Act, the Secretary shall-- (1) consult with the exclusive representative for employees under chapter 71 of title 5, United States Code, on the formulation of plans and deadlines to carry out the conversion of covered employees and covered positions under this Act; and (2) provide final written plans to the exclusive representative on how the Secretary intends to carry out the conversion of covered employees and covered positions under this Act, including with respect to-- (A) the proposed conversion date; and (B) measures to ensure compliance with section 5. (c) Required Agency Response.--If any views or recommendations are presented under subsection (b)(2) by the exclusive representative, the Secretary shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented and provide the exclusive representative a written statement of the reasons for the final actions to be taken. (d) Sunset Provision.--The provisions of this section shall cease to be effective as of the conversion date. SEC. 7. NO RIGHT TO STRIKE. Nothing in this Act may be construed-- (1) to repeal or otherwise affect-- (A) section 1918 of title 18, United States Code (relating to disloyalty and asserting the right to strike against the Government); or (B) section 7311 of title 5, United States Code (relating to loyalty and striking); or (2) to otherwise authorize any activity which is not permitted under either provision of law cited in paragraph (1). SEC. 8. REGULATIONS. The Secretary may prescribe any regulations that may be necessary to carry out this Act. SEC. 9. DELEGATIONS TO ADMINISTRATOR. The Secretary may, with respect to any authority or function vested in the Secretary under any of the preceding provisions of this Act, delegate any such authority or function to the Administrator of the Transportation Security Administration under such terms, conditions, and limitations, including the power of redelegation, as the Secretary considers appropriate. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Strengthening American Transportation Security Act of 2016 This bill expresses the sense of Congress that the personnel system used by the Transportation Security Administration (TSA) provides insufficient workplace protections for its workforce and such personnel should be entitled to protections under the civil service system applicable to all federal employees. The bill repeals personnel authorities of the Department of Homeland Security (DHS) and the Department of Transportation governing the conditions of employment for TSA employees, thus making TSA employees subject to the personnel management system applicable to all other federal employees. Within 60 days after the enactment of this bill or an earlier date set by DHS: (1) all TSA personnel management policies, directives, letters, and guidelines and any DHS human resources management system shall cease to be effective with respect to TSA employees; and (2) TSA employees shall become subject to labor provisions applicable to other federal transportation employees. The bill sets forth transition rules that protect the pay rates and other rights of TSA employees. DHS shall consult with the labor organization certified by the Federal Labor Relations Authority to carry out the conversion of TSA employees and positions to the civil service system. The provisions of this bill do not affect the prohibitions against disloyalty and asserting the right to strike against the federal government.

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SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Oil Region National Heritage Area Act''. (b) Definitions.--For the purposes of this Act, the following definitions shall apply: (1) Heritage area.--The term ``Heritage Area'' means the Oil Region National Heritage Area established in section 3(a). (2) Management entity.--The term ``management entity'' means the Oil Heritage Region, Inc., or its successor entity. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Oil Region of Northwestern Pennsylvania, with numerous sites and districts listed on the National Register of Historic Places, and designated by the Governor of Pennsylvania as one of the State Heritage Park Areas, is a region with tremendous physical and natural resources and possesses a story of State, national, and international significance. (2) The single event of Colonel Edwin Drake's drilling of the world's first successful oil well in 1859 has affected the industrial, natural, social, and political structures of the modern world. (3) Six national historic districts are located within the State Heritage Park boundary, in Emlenton, Franklin, Oil City, and Titusville, as well as 17 separate National Register sites. (4) The Allegheny River, which was designated as a component of the national wild and scenic rivers system in 1992 by Public Law 102-271, traverses the Oil Region and connects several of its major sites, as do some of the river's tributaries such as Oil Creek, French Creek, and Sandy Creek. (5) The unspoiled rural character of the Oil Region provides many natural and recreational resources, scenic vistas, and excellent water quality for people throughout the United States to enjoy. (6) Remnants of the oil industry, visible on the landscape to this day, provide a direct link to the past for visitors, as do the historic valley settlements, riverbed settlements, plateau developments, farmlands, and industrial landscapes. (7) The Oil Region also represents a cross section of American history associated with Native Americans, frontier settlements, the French and Indian War, African Americans and the Underground Railroad, and immigration of Swedish and Polish individuals, among others. (8) Involvement by the Federal Government shall serve to enhance the efforts of the Commonwealth of Pennsylvania, local subdivisions of the Commonwealth of Pennsylvania, volunteer organizations, and private businesses, to promote the cultural, national, and recreational resources of the region in order to fulfill their full potential. (b) Purpose.--The purpose of this Act is to enhance a cooperative management framework to assist the Commonwealth of Pennsylvania, its units of local government, and area citizens in conserving, enhancing, and interpreting the significant features of the lands, water, and structures of the Oil Region, in a manner consistent with compatible economic development for the benefit and inspiration of present and future generations in the Commonwealth of Pennsylvania and the United States. SEC. 3. OIL REGION NATIONAL HERITAGE AREA. (a) Establishment.--There is hereby established the Oil Region National Heritage Area. (b) Boundaries.--The boundaries of the Heritage Area shall include all of those lands depicted on a map entitled ``Oil Region National Heritage Area'', numbered OIRE/20,000 and dated October, 2000. The map shall be on file in the appropriate offices of the National Park Service. The Secretary of the Interior shall publish in the Federal Register, as soon as practical after the date of the enactment of this Act, a detailed description and map of the boundaries established under this subsection. (c) Management Entity.--The management entity for the Heritage Area shall be the Oil Heritage Region, Inc., the locally based private, nonprofit management corporation which shall oversee the development of a management plan in accordance with section 5(b). SEC. 4. COMPACT. To carry out the purposes of this Act, the Secretary shall enter into a compact with the management entity. The compact shall include information relating to the objectives and management of the area, including a discussion of the goals and objectives of the Heritage Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection measures committed to by the Secretary and management entity. SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Authorities of the Management Entity.--The management entity may use funds made available under this Act for purposes of preparing, updating, and implementing the management plan developed under subsection (b). Such purposes may include-- (1) making grants to, and entering into cooperative agreements with, States and their political subdivisions, private organizations, or any other person; (2) hiring and compensating staff; and (3) undertaking initiatives that advance the purposes of the Heritage Area. (b) Management Plan.--The management entity shall develop a management plan for the Heritage Area that-- (1) presents comprehensive strategies and recommendations for conservation, funding, management, and development of the Heritage Area; (2) takes into consideration existing State, county, and local plans and involves residents, public agencies, and private organizations working in the Heritage Area; (3) includes a description of actions that units of government and private organizations have agreed to take to protect the resources of the Heritage Area; (4) specifies the existing and potential sources of funding to protect, manage, and develop the Heritage Area; (5) includes an inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes of the Heritage Area and that should be preserved, restored, managed, developed, or maintained because of its natural, cultural, historic, recreational, or scenic significance; (6) describes a program for implementation of the management plan by the management entity, including plans for restoration and construction, and specific commitments for that implementation that have been made by the management entity and any other persons for the first 5 years of implementation; (7) lists any revisions to the boundaries of the Heritage Area proposed by the management entity and requested by the affected local government; and (8) includes an interpretation plan for the Heritage Area. (c) Deadline; Termination of Funding.-- (1) Deadline.--The management entity shall submit the management plan to the Secretary within 2 years after the funds are made available for this Act. (2) Termination of funding.--If a management plan is not submitted to the Secretary in accordance with this subsection, the management entity shall not qualify for Federal assistance under this Act. (d) Duties of Management Entity.--The management entity shall-- (1) give priority to implementing actions set forth in the compact and management plan; (2) assist units of government, regional planning organizations, and nonprofit organizations in-- (A) establishing and maintaining interpretive exhibits in the Heritage Area; (B) developing recreational resources in the Heritage Area; (C) increasing public awareness of and appreciation for the natural, historical, and architectural resources and sites in the Heritage Area; (D) the restoration of any historic building relating to the themes of the Heritage Area; (E) ensuring that clear signs identifying access points and sites of interest are put in place throughout the Heritage Area; and (F) carrying out other actions that the management entity determines to be advisable to fulfill the purposes of this Act; (3) encourage by appropriate means economic viability in the Heritage Area consistent with the goals of the management plan; (4) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; and (5) for any year in which Federal funds have been provided to implement the management plan under subsection (b)-- (A) conduct public meetings at least annually regarding the implementation of the management plan; (B) submit an annual report to the Secretary setting forth accomplishments, expenses and income, and each person to which any grant was made by the management entity in the year for which the report is made; and (C) require, for all agreements entered into by the management entity authorizing expenditure of Federal funds by any other person, that the person making the expenditure make available to the management entity for audit all records pertaining to the expenditure of such funds. (e) Prohibition on the Acquisition of Real Property.--The management entity may not use Federal funds received under this Act to acquire real property or an interest in real property. SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY. (a) Technical and Financial Assistance.-- (1) In general.-- (A) Overall assistance.--The Secretary may, upon the request of the management entity, and subject to the availability of appropriations, provide technical and financial assistance to the management entity to carry out its duties under this Act, including updating and implementing a management plan that is submitted under section 5(b) and approved by the Secretary and, prior to such approval, providing assistance for initiatives. (B) Other assistance.--If the Secretary has the resources available to provide technical assistance to the management entity to carry out its duties under this Act (including updating and implementing a management plan that is submitted under section 5(b) and approved by the Secretary and, prior to such approval, providing assistance for initiatives), upon the request of the management entity the Secretary shall provide such assistance on a reimbursable basis. This subparagraph does not preclude the Secretary from providing nonreimbursable assistance under subparagraph (A). (2) Priority.--In assisting the management entity, the Secretary shall give priority to actions that assist in the-- (A) implementation of the management plan; (B) provision of educational assistance and advice regarding land and water management techniques to conserve the significant natural resources of the region; (C) development and application of techniques promoting the preservation of cultural and historic properties; (D) preservation, restoration, and reuse of publicly and privately owned historic buildings; (E) design and fabrication of a wide range of interpretive materials based on the management plan, including guide brochures, visitor displays, audio- visual and interactive exhibits, and educational curriculum materials for public education; and (F) implementation of initiatives prior to approval of the management plan. (3) Documentation of structures.--The Secretary, acting through the Historic American Building Survey and the Historic American Engineering Record, shall conduct studies necessary to document the industrial, engineering, building, and architectural history of the Heritage Area. (b) Approval and Disapproval of Management Plans.--The Secretary, in consultation with the Governor of Pennsylvania, shall approve or disapprove a management plan submitted under this Act not later than 90 days after receiving such plan. In approving the plan, the Secretary shall take into consideration the following criteria: (1) The extent to which the management plan adequately preserves and protects the natural, cultural, and historical resources of the Heritage Area. (2) The level of public participation in the development of the management plan. (3) The extent to which the board of directors of the management entity is representative of the local government and a wide range of interested organizations and citizens. (c) Action Following Disapproval.--If the Secretary disapproves a management plan, the Secretary shall advise the management entity in writing of the reasons for the disapproval and shall make recommendations for revisions in the management plan. The Secretary shall approve or disapprove a proposed revision within 90 days after the date it is submitted. (d) Approving Changes.--The Secretary shall review and approve amendments to the management plan under section 5(b) that make substantial changes. Funds appropriated under this Act may not be expended to implement such changes until the Secretary approves the amendments. (e) Effect of Inaction.--If the Secretary does not approve or disapprove a management plan, revision, or change within 90 days after it is submitted to the Secretary, then such management plan, revision, or change shall be deemed to have been approved by the Secretary. SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES. Any Federal entity conducting or supporting activities directly affecting the Heritage Area shall-- (1) consult with the Secretary and the management entity with respect to such activities; (2) cooperate with the Secretary and the management entity in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and (3) to the maximum extent practicable, conduct or support such activities in a manner that the management entity determines shall not have an adverse effect on the Heritage Area. SEC. 8. SUNSET. The Secretary may not make any grant or provide any assistance under this Act after the expiration of the 15-year period beginning on the date that funds are first made available for this Act. SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY. (a) Notification and Consent of Property Owners Required.--No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent for such preservation, conservation, or promotion to the management entity. (b) Landowner Withdraw.--Any owner of private property included within the boundary of the Heritage Area shall have their property immediately removed from the boundary by submitting a written request to the management entity. SEC. 10. PRIVATE PROPERTY PROTECTION. (a) Access to Private Property.--Nothing in this Act shall be construed to-- (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private property. (b) Liability.--Designation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. (c) Recognition of Authority To Control Land Use.--Nothing in this Act shall be construed to modify the authority of Federal, State, or local governments to regulate land use. (d) Participation of Private Property Owners in Heritage Area.-- Nothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area. (e) Effect of Establishment.--The boundaries designated for the Heritage Area represent the area within which Federal funds appropriated for the purpose of this Act may be expended. The establishment of the Heritage Area and its boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the Heritage Area or its viewshed by the Secretary, the National Park Service, or the management entity. SEC. 11. USE OF FEDERAL FUNDS FROM OTHER SOURCES. Nothing in this Act shall preclude the management entity from using Federal funds available under Acts other than this Act for the purposes for which those funds were authorized. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act-- (1) not more than $1,000,000 for any fiscal year; and (2) not more than a total of $10,000,000. (b) 50 Percent Match.--Financial assistance provided under this Act may not be used to pay more than 50 percent of the total cost of any activity carried out with that assistance.

Oil Region National Heritage Area Act - Establishes the Oil Region National Heritage Area in Pennsylvania. Designates the Oil Heritage Region, Inc., to be the management entity for the Area. Directs such entity to: (1) prepare and implement a management plan for the Area, which shall be approved or disapproved by the Secretary of the Interior; (2) assist local governments, regional planning organizations, and nonprofit organizations in establishing and maintaining interpretive exhibits, developing recreational resources, and restoring historic buildings in the Area; and (3) encouraging economic viability in the Area. Prohibits such entity from using Federal funds under this Act to acquire real property. Authorizes the Secretary to provide technical and financial assistance to such entity. Directs the Secretary, acting through the Historic American Building Survey and the Historic American Engineering Record, to conduct studies to document the industrial, engineering, building, and architectural history of the Area. Prohibits any privately owned property from being preserved, conserved, or promoted by the management plan until the owner has been notified and has consented. Requires removal of private property from Area boundaries upon the owner's request. Authorizes appropriations. Limits the Federal assistance match to 50 percent of any activity's total cost.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Mandate Relief Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) Federal regulation of State and local governments has become increasingly extensive and intrusive in recent years; (2) such regulation has, in many instances-- (A) adversely affected the ability of State and local governments to achieve their independent responsibilities and meet their established priorities; and (B) forced State and local governments to use existing revenue sources and to generate new property tax revenues to enable them to adhere to Federal mandates; and (3) the resulting excessive fiscal burdens on State and local governments also undermine the governments' ability to attain the goals of Federal regulations. (b) Purpose.--It is the purpose of this title to establish procedures to ensure that the Federal Government pays the total amount of additional costs incurred by State and local governments in complying with intergovernmental regulations that take effect on or after the date of enactment of this Act. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``additional costs'' means the amount of costs incurred by a State or local government solely in complying with an intergovernmental regulation promulgated pursuant to a significant Federal statute concerning a particular activity that is in excess of the amount that the State or local government would incur in carrying out that activity in the absence of the regulation, but does not include any amount that a State or local government is required or permitted by law to contribute as a non-Federal share under a Federal assistance program; (2) the term ``Director'' means the Director of the Office of Management and Budget; (3) the term ``Federal agency'' means a department, agency, or instrumentality in the executive branch of the United States Government, but does not include a mixed-ownership Government corporation; (4) the term ``Federal assistance'' means assistance provided by a Federal agency to a State or local government or other public or private recipient in the form of a grant, loan, loan guarantee, property, cooperative agreement, or technical assistance, but does not include direct cash assistance to a natural person, a contract for the procurement of goods or services for the United States, or insurance; (5) the term ``intergovernmental regulation'' means a statute, or a regulation promulgated by a Federal agency pursuant to a significant statute, that-- (A) requires a State or local government to-- (i) take certain actions; or (ii) comply with certain conditions; and (B) takes effect on or after the date of enactment of this Act; (6) the term ``local government'' means-- (A) a county, city, town, village, or other general purpose political subdivision of a State; (B) a school district; and (C) a unit of local government established under State law for a particular public purpose; (7) the term ``State'' means each of the States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. SEC. 4. COMPENSATION OF STATE AND LOCAL GOVERNMENTS FOR ADDITIONAL COSTS. (a) In General.--An intergovernmental regulation may not be enforced against a State or local government with respect to a fiscal year-- (1) unless there has been made an appropriation of Federal funds, and such funds have been made available, to all State and local governments for the fiscal year in an amount that is sufficient to reimburse all State or local governments for the total amount of additional costs that will be incurred by those governments in complying with the regulation during the fiscal year; or (2) Congress approves by a two-thirds vote of the members of each House of Congress, duly chosen and sworn, a joint resolution that waives subsection (a) with respect to that intergovernmental regulation and that fiscal year. (b) Determination of Additional Costs.--For the purposes of subsection (a), the total amount of additional costs that will be incurred by State governments and local governments in complying with an intergovernmental regulation during a fiscal year shall be the total amount of such costs for compliance with the regulation estimated by the Director for the fiscal year in the report required under section 5 for the fiscal year. SEC. 5. REPORT BY THE DIRECTOR. For each fiscal year in which an intergovernmental regulation will be in effect, the Director, in consultation with representatives of State and local governments, shall prepare and submit to the President and the Congress, with the President's budget in January preceding the beginning of a fiscal year, a report that contains an estimate, for that fiscal year and the following fiscal year, of the total amount of additional costs that have been incurred or will be incurred by each State government and by each local government within each State in complying with the intergovernmental regulation. SEC. 6. PAYMENT OF REIMBURSEMENTS. (a) In General.--The head of a Federal agency that administers an intergovernmental regulation shall pay to each State and local government in each fiscal year the amount determined pursuant to this section to reimburse the State and local governments in the State for the additional costs incurred by those governments in complying with the intergovernmental regulation during the fiscal year. (b) Amount Paid by a Federal Agency to a State or Local Government.--The amount to be paid to a State or local government under subsection (a) for a fiscal year shall be the amount of additional costs specified for that State or local government in the report submitted pursuant to section 5. (c) Inapplicability of Section.--This section does not apply with respect to an intergovernmental regulation that will be in effect during a fiscal year if, with respect to that intergovernmental regulation and that fiscal year, a joint resolution described in section 4(a)(2) is in effect. SEC. 7. EFFECT OF SUBSEQUENT ENACTMENTS. No statute enacted after the date of enactment of this Act shall supersede this Act unless the statute does so in specific terms, referring to this Act, and declares that that statute supersedes this Act.

Federal Mandate Relief Act of 1993 - Prohibits the enforcement of an intergovernmental regulation against a State or local government with respect to a fiscal year: (1) unless sufficient Federal funds have been appropriated to reimburse all State or local governments for the total additional costs that will be incurred by those governments in complying with the regulation during the fiscal year; or (2) the Congress approves by a two-thirds vote of the Members of each House a joint resolution that waives such prohibition with respect to that intergovernmental regulation and that fiscal year. Specifies that the total additional costs that will be incurred by State and local governments in complying with an intergovernmental regulation during a fiscal year shall be the total compliance costs estimated by the Director of the Office of Management and Budget under this Act. Requires the Director, for each fiscal year in which an intergovernmental regulation will be in effect, to submit to the President and the Congress a report that contains an estimate for that fiscal year and the following fiscal year of the total additional costs that have been or will be incurred by each State and local government in complying with the regulation. Sets forth provisions with respect to reimbursements of State and local governments by Federal agencies.

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SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Fair Pay Act of 1997''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Fair Labor Standards Act of 1938. SEC. 2. FINDINGS. The Congress finds the following: (1) Wage differentials exist between equivalent jobs segregated by sex, race, and national origin in Government employment and in industries engaged in commerce or in the production of goods for commerce: (2) The existence of such wage differentials-- (A) depresses wages and living standards for employees necessary for their health and efficiency; (B) prevents the maximum utilization of the available labor resources; (C) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce; (D) burdens commerce and the free flow of goods in commerce; and (E) constitutes an unfair method of competition. (3) Discrimination in hiring and promotion has played a role in maintaining a segregated work force. (4) Many women and people of color work in occupations dominated by individuals of their same sex, race, and national origin. (5)(A) A General Accounting Office analysis of wages in the civil service of the State of Washington found that in 1985 of the 44 jobs studied that paid less than the average of all equivalent jobs, approximately 39 percent were female-dominated and approximately 16 percent were male dominated. (B) A study of wages in Minnesota using 1990 Decennial Census data found that 75 percent of the wage differential between white and non-white workers was unexplained and may be a result of discrimination. (6) Section 6(d) of the Fair Labor Standards Act of 1938 prohibits discrimination in compensation for ``equal work'' on the basis of sex. (7) Title VII of the Civil Rights Act of 1964 prohibits discrimination in compensation because of race, color, religion, national origin, and sex. The United States Supreme Court, in its decision in County of Washington v. Gunther, 452 U.S. 161 (1981), held that title VII's prohibition against discrimination in compensation also applies to jobs which do not constitute ``equal work'' as defined in section 6(d) of the Fair Labor Standards Act of 1938. Decisions of lower courts, however, have demonstrated that further clarification of existing legislation is necessary in order effectively to carry out the intent of Congress to implement the Supreme Court's holding in its Gunther decision. (8) Artificial barriers to the elimination of discrimination in compensation based upon sex, race, and national origin continue to exist more than 3 decades after the passage of section 6(d) of the Fair Labor Standards Act of 1938 and the Civil Rights Act of 1964. Elimination of such barriers would have positive effects, including-- (A) providing a solution to problems in the economy created by discriminating wage differentials; (B) substantially reducing the number of working women and people of color earning low wages, thereby reducing the dependence on public assistance; and (C) promoting stable families by enabling working family members to earn a fair rate of pay. SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS. (a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at the end the following: ``(g)(1)(A) No employer having employees subject to any provisions of this section shall discriminate between its employees on the basis of sex, race, or national origin by paying wages to employees or groups of employees at a rate less than the rate at which the employer pays wages to employees or groups of employees of the opposite sex or different race or national origin for work in equivalent jobs, except where such payment is made pursuant to a seniority system, a merit system, or a system which measures earnings by quantity or quality of production. ``(B) An employer who is paying a wage rate differential in violation of subparagraph (A) shall not, in order to comply with the provisions of such subparagraph, reduce the wage rate of any employee. ``(2) No labor organization or its agents representing employees of an employer having employees subject to any provision of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1)(A). ``(3) For purposes of administration and enforcement of this subsection, any amounts owing to any employee which have been withheld in violation of paragraph (1)(A) shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this section or section 7. ``(4) As used in this subsection: ``(A) The term `labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. ``(B) The term `equivalent jobs' means jobs that may be dissimilar, but whose requirements are equivalent, when viewed as a composite of skills, effort, responsibility, and working conditions.''. (b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is amended in the matter before paragraph (1) by striking ``section 6(d)'' and inserting ``sections 6(d) and 6(g)''. SEC. 4. PROHIBITED ACTS. Section 15(a) (29 U.S.C. 215(a)) is amended by striking the period at the end of paragraph (5) and inserting a semicolon and by adding after paragraph (5) the following: ``(6) to discriminate against any individual because such individual has opposed any act or practice made unlawful by section 6(g) or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under section 6(g); or ``(7) to discharge or in any other manner discriminate against, coerce, intimidate, threaten, or interfere with any employee or any other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages or the wages of any other employee, or because the employee exercised, enjoyed, aided, or encouraged any other person to exercise or enjoy any right granted or protected by section 6(g).''. SEC. 5. REMEDIES. Section 16 (29 U.S.C. 216) is amended-- (1) by adding at the end the following: ``(f) In any action brought under this section for violation of section 6(g), the court shall, in addition to any other remedies awarded to the prevailing plaintiff or plaintiffs, allow expert fees as part of the costs. Any such action may be maintained as a class action as provided by the Federal Rules of Civil Procedure.''; (2) in subsection (b), by striking ``section 15(a)(3)'' each place it occurs and inserting ``paragraphs (3), (6), and (7) of section 15(a)''; and (3) in the fourth sentence of subsection (b), by striking ``No employees'' and inserting ``Except with respect to class actions brought under subsection (f), no employees''. SEC. 6. RECORDS. Section 11(c) (29 U.S.C. 211(c)) is amended by inserting ``(1)'' after ``(c)'' and by adding at the end the following: ``(2)(A) Every employer subject to section 6(g) shall preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to the employees of the employer. Every employer subject to section 6(g) shall preserve such records for such periods of time and shall make such reports therefrom to the Equal Employment Opportunity Commission as shall be prescribed by the Equal Employment Opportunity Commission by regulation or order as necessary or appropriate for the enforcement of the provisions of section 6(g) or any regulations promulgated thereunder. ``(B) Every employer subject to section 6(g) shall file annually with the Equal Employment Opportunity Commission a report signed by its president, treasurer, or corresponding principal officer containing information in such detail as may be necessary accurately to disclose the wage or salary rates paid to each classification, position, job title, or other wage or salary group of employees employed by the employer, as well as the sex, race, and national origin of employees at each wage or salary level in each classification, position, job title, or other wage or salary group. The report shall not contain the name of any individual employee. ``(C) In order to carry out the purposes of this Act, the contents of the reports filed with the Equal Employment Opportunity Commission pursuant to subparagraph (B) shall be public information, and the Equal Employment Opportunity Commission may publish any information and data which it obtains pursuant to the provisions of subparagraph (B). The Equal Employment Opportunity Commission may use the information and data for statistical and research purposes, and compile and publish such studies, analyses, reports, and surveys based thereon as it may deem appropriate. ``(D) In order to carry out the purposes of this Act the Equal Employment Opportunity Commission shall by regulation make reasonable provision for the inspection and examination by any person of the information and data contained in any report filed with it pursuant to subparagraph (B). ``(E) The Equal Employment Opportunity Commission shall by regulation provide for the furnishing of copies of reports filed with it pursuant to subparagraph (B) to any person upon payment of a charge based upon the cost of the service. ``(F) The Equal Employment Opportunity Commission shall issue rules and regulations prescribing the form and content of reports required to be filed under subparagraph (B) and such other reasonable rules and regulations as it may find necessary to prevent the circumvention or evasion of such reporting requirements. In exercising its authority under subparagraph (B), the Equal Employment Opportunity Commission may prescribe by general rule simplified reports for employers for whom it finds that by virtue of their size a detailed report would be unduly burdensome.''. SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT TO CONGRESS. Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the following: ``(4) The Equal Employment Opportunity Commission shall undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement the provisions of section 6(g) prohibiting wage discrimination between employees performing work in equivalent jobs on the basis of sex, race, or national origin. Such studies, information, and technical assistance shall be based upon and include reference to the declared policy of such section to eliminate such discrimination. In order to achieve the purposes of such section, the Equal Employment Opportunity Commission shall further carry on a continuing program of research, education, and technical assistance including-- ``(A) undertaking and promoting research with the intent of developing means to expeditiously correct the conditions leading to section 6(g); ``(B) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various media of communication, and the general public the findings of studies and other materials for promoting compliance with section 6(g); ``(C) sponsoring and assisting State and community informational and educational programs; and ``(D) providing technical assistance to employers, labor organizations, professional associations and other interested persons on means of achieving and maintaining compliance with the provisions of section 6(g). ``(5) The report submitted annually by the Equal Employment Opportunity Commission to Congress pursuant to paragraph (1) shall include a separate evaluation and appraisal regarding the implementation of section 6(g).''. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of one year from the date of its enactment.

Fair Pay Act of 1997 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. (Allows payment of different wages under seniority systems, merit systems, or systems that measure earnings by quantity or quality of production.) Prohibits the discharge of or any other discrimination against an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it. Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action. Requires employers subject to such prohibition to: (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the Equal Employment Opportunity Commission (EEOC); and (2) make reports to the EEOC. Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gabriella Miller Kids First Research Act''. SEC. 2. TERMINATION OF TAXPAYER FINANCING OF POLITICAL PARTY CONVENTIONS; USE OF FUNDS FOR PEDIATRIC RESEARCH INITIATIVE. (a) Termination of Payments for Conventions; Use of Funds for Pediatric Research.--Section 9008 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(i) Termination of Payments for Conventions; Use of Amounts for Pediatric Research Initiative.--Effective on the date of the enactment of the Gabriella Miller Kids First Research Act-- ``(1) the entitlement of any major party or minor party to a payment under this section shall terminate; and ``(2) all amounts in each account maintained for the national committee of a major party or minor party under this section shall be transferred to a fund in the Treasury to be known as the `10- Year Pediatric Research Initiative Fund', which shall be available only for the purpose provided in section 402A(a)(2) of the Public Health Service Act, and only to the extent and in such amounts as are provided in advance in appropriation Acts.''. (b) Continuation of Priority of Payments From Accounts Over Payments to Candidates.-- (1) Availability of payments to candidates.--The third sentence of section 9006(c) of such Code is amended by striking ``section 9008(b)(3),'' and inserting ``section 9008(i)(2),''. (2) Availability of payments from presidential primary matching payment account.--The second sentence of section 9037(a) of such Code is amended by striking ``section 9008(b)(3)'' and inserting ``section 9008(i)(2)''. (c) Conforming Amendments.-- (1) Elimination of reports by federal election commission.-- Section 9009(a) of such Code is amended-- (A) by adding ``and'' at the end of paragraph (2); (B) by striking the semicolon at the end of paragraph (3) and inserting a period; and (C) by striking paragraphs (4), (5), and (6). (2) Elimination of penalties.--Section 9012 of such Code is amended-- (A) in subsection (a)(1), by striking the second sentence; (B) in subsection (c), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (C) in subsection (e)(1), by striking the second sentence; and (D) in subsection (e)(3), by striking ``, or in connection with any expense incurred by the national committee of a major party or minor party with respect to a presidential nominating convention''. SEC. 3. 10-YEAR PEDIATRIC RESEARCH INITIATIVE. (a) Allocation of NIH Funds in Common Fund for Pediatric Research.--Paragraph (7) of section 402(b) of the Public Health Service Act (42 U.S.C. 282(b)) is amended to read as follows: ``(7)(A) shall, through the Division of Program Coordination, Planning, and Strategic Initiatives-- ``(i) identify research that represents important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between 2 or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning; ``(ii) include information on such research in reports under section 403; and ``(iii) in the case of such research supported with funds referred to in subparagraph (B)-- ``(I) require as appropriate that proposals include milestones and goals for the research; ``(II) require that the proposals include timeframes for funding of the research; and ``(III) ensure appropriate consideration of proposals for which the principal investigator is an individual who has not previously served as the principal investigator of research conducted or supported by the National Institutes of Health; ``(B)(i) may, with respect to funds reserved under section 402A(c)(1) for the Common Fund, allocate such funds to the national research institutes and national centers for conducting and supporting research that is identified under subparagraph (A); and ``(ii) shall, with respect to funds appropriated to the Common Fund pursuant to section 402A(a)(2), allocate such funds to the national research institutes and national centers for making grants for pediatric research that is identified under subparagraph (A); and ``(C) may assign additional functions to the Division in support of responsibilities identified in subparagraph (A), as determined appropriate by the Director;''. (b) Funding for 10-Year Pediatric Research Initiative.--Section 402A of the Public Health Service Act (42 U.S.C. 282a) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and moving the indentation of each such subparagraph 2 ems to the right; (B) by striking ``For purposes of carrying out this title'' and inserting the following: ``(1) This title.--For purposes of carrying out this title''; and (C) by adding at the end the following: ``(2) Funding for 10-year pediatric research initiative through common fund.--For the purpose of carrying out section 402(b)(7)(B)(ii), there is authorized to be appropriated to the Common Fund, out of the 10-Year Pediatric Research Initiative Fund described in section 9008 of the Internal Revenue Code of 1986, and in addition to amounts otherwise made available under paragraph (1) of this subsection and reserved under subsection (c)(1)(B)(i) of this section, $12,600,000 for each of fiscal years 2014 through 2023.''; and (2) in subsections (c)(1)(B), (c)(1)(D), and (d), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''. (c) Supplement, Not Supplant; Prohibition Against Transfer.--Funds appropriated pursuant to section 402A(a)(2) of the Public Health Service Act, as added by subsection (b)-- (1) shall be used to supplement, not supplant, the funds otherwise allocated by the National Institutes of Health for pediatric research; and (2) notwithstanding any transfer authority in any appropriation Act, shall not be used for any purpose other than allocating funds for making grants as described in section 402(b)(7)(B)(ii) of the Public Health Service Act, as added by subsection (a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the House on December 11, 2013. Gabriella Miller Kids First Research Act - Amends the Internal Revenue Code to terminate the entitlement of any major or minor political party to a payment from the Presidential Election Campaign Fund for a presidential nominating convention. Transfers amounts in each account maintained for such purpose for the national committee of a party to a 10-Year Pediatric Research Initiative Fund, making them available only for allocation to national research institutes and national centers through the Common Fund for making grants for pediatric research under this Act. Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), through the Division of Program Coordination, Planning, and Strategic Initiatives, to allocate funds appropriated under this Act to the national research institutes and national centers for making grants for pediatric research representing important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between two or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning. Authorizes $12.6 million out of the 10-Year Pediatric Research Initiative Fund for each of FY2014-FY2023 for pediatric research through the Common Fund. Requires such funds to supplement, not supplant, funds otherwise allocated by NIH for pediatric research. Prohibits the use of such amounts for any purpose other than allocating funds for making grants for pediatric research described in this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Liquefied Natural Gas Safety and Security Act of 2005''. SEC. 2. SITING OF LIQUEFIED NATURAL GAS IMPORT FACILITIES. Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the following: ``(d)(1) Before issuing an order authorizing an applicant to site, construct, expand, or operate a liquefied natural gas import facility, the Commission shall require the applicant, in cooperation with the Commandant of the Coast Guard and State and local agencies that provide for the safety and security of the liquefied natural gas import facility and any vessels that serve the facility, to develop a cost- sharing plan. ``(2) A cost-sharing plan developed under paragraph (1) shall include a description of any direct cost reimbursements that the applicant agrees to provide to any State and local agencies with responsibility for security and safety-- ``(A) at the liquefied natural gas import facility; and ``(B) in proximity to vessels that serve the facility. ``(e)(1) In this subsection, the term `region' means a census region designated by the Bureau of the Census as of the date of enactment of this subsection. ``(2) Not later than 90 days after the date of enactment of this subsection and annually thereafter, the Commission shall-- ``(A) review all applications for the siting, construction, expansion, or operation of a liquefied natural gas import facility in a region that are pending with the Commission; ``(B) consult with States in the region to identify remote sites for the development of potential liquefied natural gas import facilities in the region; and ``(C) in collaboration with the Commandant of the Coast Guard, review-- ``(i) any offshore liquefied natural gas projects proposed for a region; and ``(ii) other potential offshore sites for the development of liquefied natural gas. ``(3) Based on the reviews and consultations under paragraph (1), the Commission shall determine-- ``(A) whether liquefied natural gas import facilities are needed in a region; and ``(B) if the Commission determines under subparagraph (A) that liquefied natural gas import facilities are needed for a region, the number of liquefied natural gas import facilities that are needed for the region. ``(4) The Commission shall cooperate with the Commandant of the Coast Guard and States to ensure that-- ``(A) the Commission approves only the number of liquefied natural gas import facilities that are needed for a region, as determined under paragraph (3)(B); and ``(B) any liquefied natural gas import facilities approved under subparagraph (A) are sited in locations that provide maximum safety and security to the public. ``(f)(1) Notwithstanding any other provision of law, the Commission shall not issue a final environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a proposed liquefied natural gas facility before the date on which-- ``(A) the applicant completes-- ``(i) a security assessment for the proposed facility; and ``(ii) a security plan for the proposed facility; and ``(B) the Commandant of the Coast Guard completes an incident action plan that identifies the resources needed to support appropriate air, land, and sea security measures during the transit and offload of a liquefied natural gas vessel. ``(2) The Commission shall incorporate into the final environmental impact statement or similar analysis the non-security sensitive components of the incident action plan and all other safety and security resource requirements identified by the Commandant of the Coast Guard for a proposed liquefied natural gas import facility. ``(g)(1) For purposes of reviewing and approving or disapproving an application to site, construct, or operate a liquefied natural gas import facility, the Commission shall-- ``(A) consult with the State in which the facility is proposed to be located; and ``(B) comply with all applicable Federal laws, including-- ``(i) the National Historic Preservation Act (16 U.S.C. 470 et seq.); ``(ii) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); ``(iii) sections 401 and 402(b) of the Federal Water Pollution Control Act (33 U.S.C. 1341, 1342(b)); and ``(iv) sections 107, 111(c), and 116 of the Clean Air Act (42 U.S.C. 7401, 7411(c), 7416). ``(2) Nothing in this section precludes or denies the right of any State to review an application to site, construct, or operate a liquefied natural gas import facility under-- ``(A) the National Historic Preservation Act (16 U.S.C. 470 et seq.); ``(B) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); ``(C) sections 401 and 402(b) of the Federal Water Pollution Control Act (33 U.S.C. 1341, 1342(b)); and ``(D) sections 107, 111(c), and 116 of the Clean Air Act (42 U.S.C. 7401, 7411(c), 7416). ``(3) Notwithstanding any other provision of law, the Commission shall have no authority to preempt a State permitting determination with respect to a liquefied natural gas import facility that is made under Federal or State law.''. SEC. 3. STANDARDS FOR LIQUEFIED NATURAL GAS PIPELINE FACILITIES. Section 60103 of title 49, United States Code, is amended-- (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following: ``(e) Remote Siting Standards.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations establishing standards to promote the remote siting of liquefied natural gas pipeline facilities.''. SEC. 4. THERMAL AND VAPOR DISPERSION EXCLUSION ZONES. As soon as practicable after the date of enactment of this Act, the Commandant of the Coast Guard shall issue regulations establishing thermal and vapor dispersion exclusion zone requirements for vessels transporting liquefied natural gas that are based on sections 193.2057 and 193.2059 of title 49, Code of Federal Regulations (or any successor regulations).

Liquefied Natural Gas Safety and Security Act of 2005 - Amends the Natural Gas Act to prohibit the Federal Energy Regulating Commission (FERC) from authorizing an applicant to site, construct, expand, or operate a liquefied natural gas import facility, unless FERC has required the applicant to develop a cost-sharing plan in cooperation with the Commandant of the Coast Guard and State and local agencies that provide for the safety and security of the liquefied natural gas import facility and any vessels that serve it. Requires FERC to review annually all pending applications for the siting, construction, expansion, or operation of a liquefied natural gas import facility in a region and, after consultation with the pertinent States and the Commandant, determine: (1) whether liquefied natural gas import facilities are needed in a region; and (2) the number of liquefied natural gas import facilities so needed. Denies FERC authority to preempt a State permitting determination related to a liquefied natural gas import facility. Amends Federal law governing standards for liquefied natural gas pipeline facilities to direct the Secretary of Transportation to promulgate regulations establishing standards to promote the remote siting of liquefied natural gas pipeline facilities. Directs the Commandant to issue regulations establishing thermal and vapor dispersion exclusion zone requirements for vessels transporting liquefied natural gas.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Simplification and Opportunity Act of 2011''. SEC. 2. TEMPORARY STUDENT LOAN DEBT CONVERSION AUTHORITY. (a) Repeal.-- (1) In general.--Section 459A of the Higher Education Act of 1965 (20 U.S.C. 1087i-1) is repealed. (2) Conforming amendments.--Part D of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended-- (A) in section 451(a) (20 U.S.C. 1087a), by striking ``(1) to make loans to all eligible students (and the eligible parents of such students) in attendance at participating institutions of higher education selected by the Secretary, to enable such students to pursue their courses of study at such institutions during the period beginning July 1, 1994; and (2) for purchasing loans under section 459A.'' and inserting ``to make loans to all eligible students (and the eligible parents of such students) in attendance at participating institutions of higher education selected by the Secretary, to enable such students to pursue their courses of study at such institutions during the period beginning July 1, 1994.''; and (B) in section 459B(a)(2)(B) (20 U.S.C. 1087i- 2(a)(2)(B)), by striking ``purchased by the Secretary pursuant to section 459A'' and inserting ``purchased by the Secretary pursuant to section 459A under the terms of that provision in effect on or before June 30, 2010, or converted by the Secretary pursuant to section 459A''. (b) Student Loan Debt Conversion.--Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by inserting after section 459 the following: ``SEC. 459A. TEMPORARY AUTHORITY TO CONVERT STUDENT LOAN DEBT. ``(a) In General.-- ``(1) Authority.--The Secretary shall, at the request of an eligible borrower (as described in subsection (b)), convert an eligible student loan debt (as described in subsection (c)) into a Federal debt by paying the holder of the eligible student loan the outstanding balance of principal and interest on that loan, and the borrower shall enter into an agreement to repay to the Secretary the amount advanced to convert the debt to a Federal debt. ``(2) Duration of authority.--The Secretary shall convert eligible student loan debt under this section for those eligible borrowers whose applications for conversion are received on or after January 1, 2012 and before October 1, 2012. ``(3) Designation of loan.--The repayment obligation of the borrower whose eligible student loan debt was repaid by the Secretary and converted to a Federal debt under this section shall be referred to as a `FFEL Debt Conversion Loan'. ``(b) Eligible Borrower.--A borrower is eligible for a FFEL Debt Conversion Loan if the borrower, in addition to the loans described in subsection (c), has an outstanding loan that was made under this part, or an outstanding loan that was purchased by the Secretary pursuant to section 459A under the terms of that provision in effect on or before June 30, 2010. ``(c) Eligible Student Loan Debt.--A student loan of an eligible borrower is eligible for payment by a FFEL Debt Conversion Loan if-- ``(1) the loan was made, insured, or guaranteed under part B, and not previously purchased by the Secretary pursuant to section 459A under the terms of that provision in effect on or before June 30, 2010; ``(2) the loan is not in default; and ``(3) the loan is not delinquent for 270 days or more. ``(d) Terms and Conditions of Debt Conversion Loans.-- ``(1) Continuation of terms.--A FFEL Debt Conversion Loan shall be repayable by the borrower under the same terms and conditions as were applicable under the promissory note signed by the borrower for the eligible student loan debt being repaid by the Secretary under this section, including such terms as applied when the borrower entered repayment, and the availability of grace periods and deferments. ``(2) Aggregate loan limits.--Notwithstanding any other provision of this title, a FFEL Debt Conversion Loan shall be included in the calculation of the aggregate loan limit that was applicable to the borrower's eligible student loan for which the FFEL Debt Conversion Loan was obtained. ``(3) Other terms.-- ``(A) FFEL terms.--Other borrower benefits offered by the originating lender or the holder of the eligible student loan being repaid that are not specified in part B or in the borrower's promissory note for that loan are not available with respect to a FFEL Debt Conversion Loan. ``(B) Direct loan terms.--Except as provided in paragraph (5), benefits offered only for loans made under this part are not available with respect to a FFEL Debt Conversion Loan. ``(4) Fees.-- ``(A) No fees imposed by secretary.--The Secretary shall not charge the borrower any origination or other fee for the making of a FFEL Debt Conversion Loan. ``(B) No fees imposed by holder of eligible student loan debt.--Notwithstanding any other provision of law, the holder of an eligible student loan shall not charge the Secretary or the borrower any origination or other fee, including any fee for providing the information described in subsection (e), for the conversion of the eligible student loan debt to a FFEL Debt Conversion Loan. ``(5) Ffel debt conversion benefits.--The Secretary may offer benefits to a borrower of a FFEL Debt Conversion Loan, in an amount that shall not exceed 2 percent of the amount advanced on the FFEL Debt Conversion Loan, which may include payments to borrowers, reductions in the outstanding principal and interest on the FFEL Debt Conversion Loan, or such other benefits as the Secretary may establish. ``(e) Information From Holders of Student Loan Debt Eligible for Conversion.--A holder of an eligible student loan shall promptly provide the Secretary with the amount outstanding and such other information as may be needed to convert that debt under this section. ``(f) Notification.--Not later than December 1, 2011, the Secretary shall notify eligible borrowers-- ``(1) of their eligibility to convert an eligible student loan debt under this section; and ``(2) of the time frame for applying for such conversion.''. (c) Conforming Amendments.-- (1) Cohort default rate.--Section 435(m)(2) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)(2)) is amended by adding at the end the following: ``(E) For purposes of this subsection, a borrower who obtains a FFEL Debt Conversion Loan under section 459A shall continue to be considered as having entered repayment on the date the borrower entered repayment on the eligible student loan debt that was repaid by the Secretary and converted to a Federal debt under that section.''. (2) Contracts.--Section 456(b) of the Higher Education Act of 1965 (20 U.S.C. 1087f(b)) is amended-- (A) in paragraph (2), by inserting ``, converted,'' after ``made''; and (B) in paragraph (3), by inserting ``, converted,'' after ``made''. (3) Federal consolidation loans.--Section 428C(a)(4)(C) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(a)(4)(C)) is amended by inserting ``or converted'' after ``made''. (4) Income-based repayment.--Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended-- (A) in subsection (a)(3)(A), by inserting ``converted,'' after ``made,''; (B) in subsection (b)(1), by inserting ``converted,'' after ``made,''; and (C) in subsection (c), by inserting ``converted,'' after ``made,''. (d) Inapplicability of Title IV Negotiated Rulemaking and Master Calendar Exception.--Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the amendments made by this section, or to any regulations promulgated under those amendments. (e) Annual Cost Estimate.--Notwithstanding any other provision of this Act or an amendment made by this Act, the Secretary of Education shall carry out the requirement of section 459A(e)(3) of the Higher Education Act of 1965, as in effect on the day before the date of enactment of this Act, with respect to the annual cost estimates required to be submitted not later than February 15, 2012. (f) Funds for Federal Pell Grants.--The proceeds to the Federal Government from the temporary authority to convert student loan debt provided by the amendments made by this Act shall be used to carry out Federal Pell Grants under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a).

Student Loan Simplification and Opportunity Act of 2011 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to repeal the Secretary of Education's authority, under the Direct Loan (DL) program, to purchase or enter into forward commitments to purchase: (1) Federal Family Education Loans (FFELs) from lenders, upon the determination that there is an inadequate availability of loan capital to meet the demand for such loans; and (2) rehabilitated loans that eligible lenders purchased under the FFEL default reduction program. (Currently, the Secretary's authority to purchase or enter into forward commitments to purchase such loans is set to expire in July 2010, as is the FFEL program.) Authorizes the Secretary to offer borrowers FFEL Debt Conversion Loans, until October 2012, that cover FFELs that have not been purchased under the program this Act repeals, provided such borrowers: (1) are not in default or delinquent for 270 days or more on such loans, and (2) have an outstanding DL or an outstanding FFEL that was purchased pursuant to the program this Act repeals. (FFEL Debt Conversion Loans pay the holder of the FFEL the outstanding principal and interest on the loan, which the borrower is then obligated to repay to the Secretary under the terms of the converted FFEL.) Authorizes the Secretary to offer benefits to borrowers of FFEL Debt Conversion Loans in an amount up to 2% of the amount advanced on the FFEL Debt Conversion Loan. Requires federal proceeds from this Act's temporary authorization of FFEL Debt Conversion Loans to be used for the Pell grant program.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary IRA Distribution Suspension Act of 2008''. SEC. 2. SUSPENSION OF REQUIRED BEGINNING DATE FOR DISTRIBUTIONS FROM DEFINED CONTRIBUTION PLANS. (a) In General.--In the case of a defined contribution plan-- (1) section 401(a)(9) of the Internal Revenue Code of 1986 shall not apply during the suspension period, (2) in lieu of the calendar year specified in subparagraph (C)(i) of section 401(a)(9) of such Code, the calendar year specified in such subparagraph shall be the later of-- (A) the calendar year described in such subparagraph (C)(i), or (B) calendar year 2010, and (3) the suspension period shall not be taken into account for purposes of applying any time limitation in such section 401(a)(9). (b) Suspension Period.--For purposes of this section, the term ``suspension period'' means the period beginning on January 1, 2008, and ending on December 31, 2009. (c) Application to Certain Other Plans.--The following sections shall be applied for the suspension period under rules similar to the rules of subsection (a) of this section-- (1) in the case of a defined contribution plan, subsections (a) and (b) of section 403, and sections 408 and 408A, of such Code, and (2) in the case of an eligible deferred compensation plan described in section 457(b) of such Code which is maintained by an eligible employer described in section 457(e)(1)(A)) of such Code, section 457 of such Code. (d) Application to Certain Periodic Payments.--For purposes of this section, in the case of a defined contribution plan, the failure to make a payment from a qualified retirement plan during the suspension period in an amount less than would be required under the applicable method shall not be treated as a modification for purposes of section 72(t)(2)(A)(iv) of such Code. (e) Provisions Relating to Plan Amendments.-- (1) In general.--If this section applies to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which section applies.-- (A) In general.--This section shall apply to any amendment to any plan or annuity contract which is made-- (i) pursuant to this section or pursuant to any regulation issued by the Secretary of the Treasury to carry out this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2009. (B) Conditions.--This section shall not apply to any amendment unless-- (i) during the period-- (I) beginning on the first day of the suspension period, and (II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect, and (ii) such plan or contract amendment applies retroactively for such period. (f) Effective Date.-- (1) In general.--This section shall take effect on the date of the enactment of this Act. (2) Recontribution of distributions before date of enactment.-- (A) In general.--Any individual who receives a payment or distribution during the period beginning on January 1, 2008, and ending on the date of the enactment of this Act from a plan to which subsection (a) or (c) of this section applies may, before the end of the suspension period, make one or more contributions in an aggregate amount not to exceed the amount of such payments or distributions to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of such Code, as the case may be. (B) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) to an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received such payments or distributions in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (C) Treatment of repayments for distributions from iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) to an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, such payments or distributions shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the individual retirement plan in a direct trustee to trustee transfer within 60 days of the distribution.

Temporary IRA Distribution Suspension Act of 2008 - Suspends for calendar 2008 and 2009 the beginning date for required distributions from certain individual retirement (IRA) plans.

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SECTION 1. LAND TRANSFER AND WITHDRAWAL, MELROSE AIR FORCE RANGE, NEW MEXICO, AND YAKIMA TRAINING CENTER, WASHINGTON. (a) Melrose Air Force Range, New Mexico.-- (1) Transfer.--Administrative jurisdiction over the surface estate of the following lands is hereby transferred from the Secretary of the Interior to the Secretary of the Air Force: new mexico principal meridian T. 1 N., R. 30 E. Sec. 2: S\1/2\. Sec. 11: All. Sec. 20: S\1/2\SE\1/4\. Sec. 28: All. T. 1 S., R. 30 E. Sec. 2: Lots 1-12, S\1/2\. Sec. 3: Lots 1-12, S\1/2\. Sec. 4: Lots 1-12, S\1/2\. Sec. 6: Lots 1 and 2. Sec. 9: N\1/2\, N\1/2\S\1/2\. Sec. 10: N\1/2\, N\1/2\S\1/2\. Sec. 11: N\1/2\, N\1/2\S\1/2\. T. 2 N., R. 30 E. Sec. 20: E\1/2\SE\1/4\. Sec. 21: SW\1/4\, W\1/2\SE\1/4\. Sec. 28: W\1/2\E\1/2\, W\1/2\. Sec. 29: E\1/2\E\1/2\. Sec. 32: E\1/2\E\1/2\. Sec. 33: W\1/2\E\1/2\, NW\1/4\, S\1/2\SW\1/ 4\. Aggregating 6,713.90 acres, more or less. (2) Status of surface estate.--Upon transfer of the surface estate of the lands described in paragraph (1), the surface estate shall be treated as real property subject to the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). (3) Withdrawal of mineral estate.--Subject to valid existing rights, the mineral estate of the lands described in paragraph (1) is withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral and geothermal leasing laws, but not the Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.). (4) Use of mineral materials.--Notwithstanding any other provision of this subsection or the Act of July 31, 1947, the Secretary of the Air Force may use, without application to the Secretary of the Interior, the sand, gravel, or similar mineral material resources on the lands described in paragraph (1), of the type subject to disposition under the Act of July 31, 1947, when the use of such resources is required for construction needs on Melrose Air Force Range, New Mexico. (b) Yakima Training Center, Washington.-- (1) Transfer.--Administrative jurisdiction over the surface estate of the following lands is hereby transferred from the Secretary of the Interior to the Secretary of the Army: willamette meridian T. 17 N., R. 20 E. Sec. 22: S\1/2\. Sec. 24: S\1/2\SW\1/4\ and that portion of the E\1/2\ lying south of the Interstate Highway 90 right-of-way. Sec. 26: All. T. 16 N., R. 21 E. Sec. 4: SW\1/4\SW\1/4\. Sec. 12: SE\1/4\. Sec. 18: Lots 1, 2, 3, and 4, E\1/2\ and E\1/2\W\1/2\. T. 17 N., R. 21 E. Sec. 30: Lots 3 and 4. Sec. 32: NE\1/4\SE\1/4\. T. 16 N., R. 22 E. Sec. 2: Lots 1, 2, 3, and 4, S\1/2\N\1/2\ and S\1/2\. Sec. 4: Lots 1, 2, 3, and 4, S\1/2\N\1/2\ and S\1/2\. Sec. 10: All. Sec. 14: All. Sec. 20: SE\1/4\SW\1/4\. Sec. 22: All. Sec. 26: N\1/2\. Sec. 28: N\1/2\. T. 16 N., R. 23 E. Sec. 18: Lots 3 and 4, E\1/2\SW\1/4\, W\1/ 2\SE\1/4\, and that portion of the E\1/2\SE\1/ 4\ lying westerly of the westerly right-of-way line of Huntzinger Road. Sec. 20: That portion of the SW\1/4\ lying westerly of the easterly right-of-way line of the railroad. Sec. 30: Lots 1 and 2, NE\1/4\ and E\1/ 2\NW\1/4\. Aggregating 6,640.02 acres. (2) Status of surface estate.--Upon transfer of the surface estate of the lands described in paragraph (1), the surface estate shall be treated as real property subject to the Federal Property and Administrative Services Act of 1949 (40 U.S.C 471 et seq.). (3) Withdrawal of mineral estate.--Subject to valid existing rights, the mineral estate of the lands described in paragraph (1) and of the following lands are withdrawn from all forms of appropriation under the public land laws, including the mining laws and the geothermal leasing laws, but not the Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.) and the Mineral Leasing Act (30 U.S.C. 181 et seq.): willamette meridian T. 16 N., R. 20 E. Sec. 12: All. Sec. 18: Lot 4 and SE\1/4\. Sec. 20: S\1/2\. T. 16 N., R. 21 E. Sec. 4: Lots 1, 2, 3, and 4, S\1/2\NE\1/2\. Sec. 8: All. T. 16 N., R. 22 E. Sec. 12: All. T. 17 N., R. 21 E. Sec. 32: S\1/2\SE\1/4\. Sec. 34: W\1/2\. Aggregating 3,090.80 acres. (4) Use of mineral materials.--Notwithstanding any other provision of this subsection or the Act of July 31, 1947, the Secretary of the Army may use, without application to the Secretary of the Interior, the sand, gravel, or similar mineral material resources on the lands described in paragraphs (1) and (3), of the type subject to disposition under the Act of July 31, 1947, when the use of such resources is required for construction needs on the Yakima Training Center, Washington. Passed the Senate October 5 (legislative day, September 22), 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 2757 _______________________________________________________________________ AN ACT To provide for the transfer and other disposition of certain lands at Melrose Air Force Range, New Mexico, and Yakima Training Center, Washington.

Transfers administrative jurisdiction over the surface estate of specified public lands at Yakima Training Center, Washington, from the Secretary to the Secretary of the Army. Sets forth similar withdrawal and use requirements.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Major Medical Facility Lease Authorization Act of 2013''. SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES. The Secretary of Veterans Affairs may carry out the following major medical facility leases at the locations specified, and in an amount for each lease not to exceed the amount shown for such location (not including any estimated cancellation costs): (1) For a clinical research and pharmacy coordinating center, Albuquerque, New Mexico, an amount not to exceed $9,560,000. (2) For a community-based outpatient clinic, Brick, New Jersey, an amount not to exceed $7,280,000. (3) For a new primary care and dental clinic annex, Charleston, South Carolina, an amount not to exceed $7,070,250. (4) For the Cobb County community-based Outpatient Clinic, Cobb County, Georgia, an amount not to exceed $6,409,000. (5) For the Leeward Outpatient Healthcare Access Center, Honolulu, Hawaii, including a co-located clinic with the Department of Defense and the co-location of the Honolulu Regional Office of the Veterans Benefits Administration and the Kapolei Vet Center of the Department of Veterans Affairs, an amount not to exceed $15,887,370. (6) For a community-based outpatient clinic, Johnson County, Kansas, an amount not to exceed $2,263,000. (7) For a replacement community-based outpatient clinic, Lafayette, Louisiana, an amount not to exceed $2,996,000. (8) For a community-based outpatient clinic, Lake Charles, Louisiana, an amount not to exceed $2,626,000. (9) For outpatient clinic consolidation, New Port Richey, Florida, an amount not to exceed $11,927,000. (10) For an outpatient clinic, Ponce, Puerto Rico, an amount not to exceed $11,535,000. (11) For lease consolidation, San Antonio, Texas, an amount not to exceed $19,426,000. (12) For a community-based outpatient clinic, San Diego, California, an amount not to exceed $11,946,100. (13) For an outpatient clinic, Tyler, Texas, an amount not to exceed $4,327,000. (14) For the Errera Community Care Center, West Haven, Connecticut, an amount not to exceed $4,883,000. (15) For the Worcester community-based Outpatient Clinic, Worcester, Massachusetts, an amount not to exceed $4,855,000. (16) For the expansion of a community-based outpatient clinic, Cape Girardeau, Missouri, an amount not to exceed $4,232,060. (17) For a multispecialty clinic, Chattanooga, Tennessee, an amount not to exceed $7,069,000. (18) For the expansion of a community-based outpatient clinic, Chico, California, an amount not to exceed $4,534,000. (19) For a community-based outpatient clinic, Chula Vista, California, an amount not to exceed $3,714,000. (20) For a new research lease, Hines, Illinois, an amount not to exceed $22,032,000. (21) For a replacement research lease, Houston, Texas, an amount not to exceed $6,142,000. (22) For a community-based outpatient clinic, Lincoln, Nebraska, an amount not to exceed $7,178,400. (23) For a community-based outpatient clinic, Lubbock, Texas, an amount not to exceed $8,554,000. (24) For a community-based outpatient clinic consolidation, Myrtle Beach, South Carolina, an amount not to exceed $8,022,000. (25) For a community-based outpatient clinic, Phoenix, Arizona, an amount not to exceed $20,757,000. (26) For the expansion of a community-based outpatient clinic, Redding, California, an amount not to exceed $8,154,000. (27) For the expansion of a community-based outpatient clinic, Tulsa, Oklahoma, an amount not to exceed $13,269,200. SEC. 3. BUDGETARY TREATMENT OF DEPARTMENT OF VETERANS AFFAIRS MAJOR MEDICAL FACILITIES LEASES. (a) Findings.--Congress finds the following: (1) Title 31, United States Code, requires the Department of Veterans Affairs to record the full cost of its contractual obligation against funds available at the time a contract is executed. (2) Office of Management and Budget Circular A-11 provides guidance to agencies in meeting the statutory requirements under title 31, United States Code, with respect to leases. (3) For operating leases, Office of Management and Budget Circular A-11 requires the Department of Veterans Affairs to record up-front budget authority in an ``amount equal to total payments under the full term of the lease or [an] amount sufficient to cover first year lease payments plus cancellation costs''. (b) Requirement for Obligation of Full Cost.--Subject to the availability of appropriations provided in advance, in exercising the authority of the Secretary of Veterans Affairs to enter into leases provided in this Act, the Secretary shall record, pursuant to section 1501 of title 31, United States Code, as the full cost of the contractual obligation at the time a contract is executed either-- (1) an amount equal to total payments under the full term of the lease; or (2) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first year lease payments plus the specified cancellation costs. (c) Transparency.-- (1) Compliance.--Subsection (b) of section 8104 of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(7) In the case of a prospectus proposing funding for a major medical facility lease, a detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A-11 and section 1341 of title 31 (commonly referred to as the `Anti-Deficiency Act'). Any such analysis shall include-- ``(A) an analysis of the classification of the lease as a `lease-purchase', `capital lease', or `operating lease' as those terms are defined in Office of Management and Budget Circular A-11; ``(B) an analysis of the obligation of budgetary resources associated with the lease; and ``(C) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease.''. (2) Submittal to congress.--Such section 8104 is further amended by adding at the end the following new subsection: ``(h)(1) Not less than 30 days before entering into a major medical facility lease, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives-- ``(A) notice of the Secretary's intention to enter into the lease; ``(B) a copy of the proposed lease; ``(C) a description and analysis of any differences between the prospectus submitted pursuant to subsection (b) and the proposed lease; and ``(D) a scoring analysis demonstrating that the proposed lease fully complies with Office of Management and Budget Circular A-11. ``(2) Each committee described in paragraph (1) shall ensure that any information submitted to the committee under such paragraph is treated by the committee with the same level of confidentiality as is required by law of the Secretary and subject to the same statutory penalties for unauthorized disclosure or use as the Secretary. ``(3) Not more than 30 days after entering into a major medical facility lease, the Secretary shall submit to each committee described in paragraph (1) a report on any material differences between the lease that was entered into and the proposed lease described under such paragraph, including how the lease that was entered into changes the previously submitted scoring analysis described in subparagraph (D) of such paragraph.''. (d) Rule of Construction.--Nothing in this section, or the amendments made by this section, shall be construed to in any way relieve the Department of Veterans Affairs from any statutory or regulatory obligations or requirements existing prior to the enactment of this section and such amendments. SEC. 4. BUDGETARY EFFECTS OF THIS ACT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, as long as such statement has been submitted prior to the vote on passage of this Act. Passed the House of Representatives December 10, 2013. Attest: KAREN L. HAAS, Clerk.

Department of Veterans Affairs Major Medical Facility Lease Authorization Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to carry out specified major medical facility leases (leases) in New Mexico, New Jersey, South Carolina, Georgia, Hawaii, Kansas, Louisiana, Florida, Puerto Rico, Texas, California, Connecticut, Massachusetts, Missouri, Tennessee, Illinois, Nebraska, Arizona, and Oklahoma. Directs the Secretary, in exercising the authority to enter into such leases, to record as the full cost of the contractual obligation at the time a contract is executed either: (1) the amount of total payments under the full lease term; or (2) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first-year payments plus the specified cancellation costs. Requires the funding prospectus of a proposed lease to include a detailed analysis of how the lease is expected to comply with Office of Management and Budget (OMB) Circular A-11 (which provides guidance to federal agencies in meeting statutory requirements for disclosure of the full costs of contracts or leases) and the Anti-Deficiency Act, including an analysis of: (1) the classification of the lease as a lease-purchase, capital lease, or operating lease; (2) the obligation of budgetary resources associated with the lease; and (3) the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. Directs the Secretary, at least 30 days before entering into a lease, to submit to the congressional veterans committees: (1) notice of the intention to enter into, and a copy of, such lease; (2) a description and analysis of any differences between the lease prospectus submitted and the proposed lease; and (3) a scoring analysis demonstrating that the proposed lease fully complies with OMB Circular A-11. Requires the Secretary, no more than 30 days after entering into a lease, to report any material differences between the proposed lease and the lease entered.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``College Research Education and Teacher Excellence (CREATE) Opportunity Act of 2012''. TITLE I--RESEARCH CREDIT MADE PERMANENT AND OTHER MODIFICATIONS SEC. 101. RESEARCH CREDIT MADE PERMANENT AND OTHER MODIFICATIONS. (a) Credit Made Permanent.-- (1) In general.--Section 41 of the Internal Revenue Code of 1986 is amended by striking subsection (h). (2) Conforming amendment.--Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (b) Increased Percentage of Contract Research Expenses Paid to Colleges and Universities.--Paragraph (3) of section 41(b) of such Code is amended by adding at the end the following new subparagraph: ``(E) Amounts paid to colleges and universities.-- In the case of amounts paid for qualified research by the taxpayer to an institution of higher education (as defined in section 3304(f))-- ``(i) subparagraph (A) shall be applied by substituting `100 percent' for `65 percent', and ``(ii) subparagraphs (C) and (D) shall not apply.''. (c) Research in Social Sciences Included in Qualified Research.-- Subparagraph (G) of section 41(d)(6) of such Code is amended-- (1) by striking ``social sciences, arts,'' in the text and inserting ``arts'', and (2) by striking ``Social sciences, etc'' in the heading and inserting ``Arts and humanities''. (d) Effective Date.--The amendment made by subsection (a) shall apply to amounts paid or incurred after December 31, 2011. TITLE II--YEAR-ROUND PELL GRANTS SEC. 201. AMENDMENTS. Section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)) is amended-- (1) by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively; and (2) by inserting after paragraph (4), the following new paragraph: ``(5)(A) In the case of a student attending a junior or community college (as defined in section 312(f)), the Secretary shall award the student not more than two Federal Pell Grants during a single award year to permit such student to accelerate the student's progress toward a degree or certificate if the student is enrolled-- ``(i) on at least a half-time basis for a period of more than one academic year, or more than two semesters or an equivalent period of time, during a single award year; and ``(ii) in a program of instruction at the junior or community college for which the college awards an associate degree or a certificate. ``(B) In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of Federal Pell Grants awarded to such student for the award year may exceed the maximum basic grant level specified in the appropriate appropriations Act for such award year.''. SEC. 202. CONFORMING CHANGE. Section 401(b)(2)(A)(ii) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)(A)(ii)) is amended by striking ``paragraph (7)(B)'' and inserting ``paragraph (8)(B)''. SEC. 203. EFFECTIVE DATE. The amendments made by section 201 shall be effective for award year 2013-2014 and each succeeding award year. TITLE III--AMENDMENTS TO THE TEACH GRANT PROGRAM SEC. 301. AMENDMENTS. Section 420N of the Higher Education Act of 1965 (20 U.S.C. 1070g- 2) is amended-- (1) by amending subsection (b)(2) to read as follows: ``(2) in the event that the applicant is determined to have failed or refused to comply with all or part of such service obligation, at least a portion of the amount of any TEACH Grants received by such applicant will be treated as a loan and collected from the applicant in accordance with subsection (c) and the regulations thereunder; and''. (2) by amending subsection (c) to read as follows: ``(c) Repayment for Inability To Complete Service.--In the event that a recipient of a grant under this subpart fails or refuses to comply with all or part of the recipient's service obligation in the agreement under subsection (b) and is not excused from fulfilling that portion of the service obligation under subsection (d)(2), the sum of the amounts of any TEACH Grants received by such recipient shall, upon a determination of such a failure or refusal in such service obligation, be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV, and shall be subject to repayment, together with interest thereon accruing from the date of the grant award, but only in proportion to the degree to which the recipient fails or refuses to comply with such service obligation and in accordance with terms and conditions specified by the Secretary in regulations under this subpart.''. SEC. 302. EFFECTIVE DATE. The amendments made by section 301 shall apply to TEACH grants awarded for academic year 2013-2014 and each succeeding academic year.

College Research Education and Teacher Excellence (CREATE) Opportunity Act of 2012 - Amends the Internal Revenue Code to make the research tax credit permanent. Makes 100% of a taxpayer's expenditures for qualified research at an institution of higher education eligible for the research tax credit. (Currently, 65% of those expenditures are eligible.) Considers research in the social sciences to be qualified research, eligible for the research tax credit. Amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow the Secretary of Education to award a student two Pell Grants during a single award year if the student is enrolled in an associate degree or certificate program at a junior or community college on at least a half-time basis for the equivalent of more than one academic year during the Pell Grant award year. Treats a Teacher Education Assistance for College and Higher Education (TEACH) Grant as a Direct Unsubsidized Stafford Loan only in proportion to the extent to which its recipient fails to comply with the Grant's service obligation. (TEACH Grants are provided to students who agree to teach for four years in a high-need field at an elementary or secondary school that serves a high number or percentage of low-income students.)

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SECTION 1. SHORT TITLE. This Act may be cited as the ``NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017''. SEC. 2. NIST MISSION TO ADDRESS CYBERSECURITY THREATS. Section 20(a)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(a)(1)) is amended by inserting ``, emphasizing the principle that expanding cybersecurity threats require engineering security from the beginning of an information system's life cycle, building more trustworthy and secure components and systems from the start, and applying well-defined security design principles throughout'' before the semicolon. SEC. 3. IMPLEMENTATION OF CYBERSECURITY FRAMEWORK. The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by inserting after section 20 the following: ``SEC. 20A. FRAMEWORK FOR IMPROVING CRITICAL INFRASTRUCTURE CYBERSECURITY. ``(a) Implementation by Federal Agencies.--The Institute shall promote the implementation by Federal agencies of the Framework for Improving Critical Infrastructure Cybersecurity (in this section and section 20B referred to as the `Framework') by providing to the Office of Management and Budget, the Office of Science and Technology Policy, and all other Federal agencies, not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, guidance that Federal agencies may use to incorporate the Framework into their information security risk management efforts, including practices related to compliance with chapter 35 of title 44, United States Code, and any other applicable Federal law. ``(b) Guidance.--The guidance required under subsection (a) shall-- ``(1) describe how the Framework aligns with or augments existing agency practices related to compliance with chapter 35 of title 44, United States Code, and any other applicable Federal law; ``(2) identify any areas of conflict or overlap between the Framework and existing cybersecurity requirements, including gap areas where additional policies, standards, guidelines, or programs may be needed to encourage Federal agencies to use the Framework and improve the ability of Federal agencies to manage cybersecurity risk; ``(3) include a template for Federal agencies on how to use the Framework, and recommend procedures for streamlining and harmonizing existing and future cybersecurity-related requirements, in support of the goal of using the Framework to supplant Federal agency practices in compliance with chapter 35 of title 44, United States Code; ``(4) recommend other procedures for compliance with cybersecurity reporting, oversight, and policy review and creation requirements under such chapter 35 and any other applicable Federal law; and ``(5) be updated, as the Institute considers necessary, to reflect what the Institute learns from ongoing research, the audits conducted pursuant to section 20B(c), the information compiled by the Federal working group established pursuant to subsection (c), and the annual reports published pursuant to subsection (d). ``(c) Federal Working Group.--Not later than 3 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, the Institute shall establish and chair a working group (in this section referred to as the `Federal working group'), including representatives of the Office of Management and Budget, the Office of Science and Technology Policy, and other appropriate Federal agencies, which shall-- ``(1) not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, develop outcome-based and quantifiable metrics to help Federal agencies in their analysis and assessment of the effectiveness of the Framework in protecting their information and information systems; ``(2) update such metrics as the Federal working group considers necessary; ``(3) compile information from Federal agencies on their use of the Framework and the results of the analysis and assessment described in paragraph (1); and ``(4) assist the Office of Management and Budget and the Office of Science and Technology Policy in publishing the annual report required under subsection (d). ``(d) Report.--The Office of Management and Budget and the Office of Science and Technology Policy shall develop and make publicly available an annual report on agency adoption rates and the effectiveness of the Framework. In preparing such report, the Offices shall use the information compiled by the Federal working group pursuant to subsection (c)(3). ``SEC. 20B. CYBERSECURITY AUDITS. ``(a) Initial Assessment.-- ``(1) Requirement.--Not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, the Institute shall complete an initial assessment of the cybersecurity preparedness of the agencies described in paragraph (2). Such assessment shall be based on information security standards developed under section 20, and may also be informed by work done or reports published by other Federal agencies or officials. ``(2) Agencies.--The agencies referred to in paragraph (1) are the agencies referred to in section 901(b) of title 31, United States Code, and any other agency that has reported a major incident (as defined in the Office of Management and Budget Memorandum--16--03, published on October 30, 2015, or any successor document). ``(3) National security systems.--The requirement under paragraph (1) shall not apply to national security systems (as defined in section 3552(b) of title 44, United States Code). ``(b) Audit Plan.--Not later than 6 months after the date of enactment of this Act, the Institute shall prepare a needs-based plan for carrying out the audits of agencies as required under subsection (c). Such plan shall include a description of staffing plans, workforce capabilities, methods for conducting such audits, coordination with agencies to support such audits, expected timeframes for the completion of audits, and other information the Institute considers relevant. The plan shall be transmitted by the Institute to the congressional entities described in subsection (c)(4)(F). ``(c) Audits.-- ``(1) Requirement.--Not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, the Institute shall initiate an individual cybersecurity audit of each agency described in subsection (a)(2), to assess the extent to which the agency is meeting the information security standards developed under section 20. ``(2) Relation to framework.--Audits conducted under this subsection shall-- ``(A) to the extent applicable and available, be informed by the report on agency adoption rates and the effectiveness of the Framework described in section 20A(d); and ``(B) if the agency is required by law or executive order to adopt the Framework, be based on the guidance described in section 20A(b) and metrics developed under section 20A(c)(1). ``(3) Schedule.--The Institute shall establish a schedule for completion of audits under this subsection to ensure that-- ``(A) audits of agencies whose information security risk is high, based on the assessment conducted under subsection (a), are completed not later than 1 year after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, and are audited annually thereafter; and ``(B) audits of all other agencies described in subsection (a)(2) are completed not later than 2 years after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, and are audited biennially thereafter. ``(4) Report.--A report of each audit conducted under this subsection shall be transmitted by the Institute to-- ``(A) the Office of Management and Budget; ``(B) the Office of Science and Technology Policy; ``(C) the Government Accountability Office; ``(D) the agency being audited; ``(E) the Inspector General of such agency, if there is one; and ``(F) Congress, including the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.''.

NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 (Sec. 2) This bill amends the National Institute of Standards and Technology Act to require the National Institute of Standards and Technology (NIST), in developing standards for information systems, to emphasize the principle that expanding cybersecurity threats require: (1) engineering security from the beginning of a system's life cycle, (2) building more trustworthy and secure components and systems from the start, and (3) applying well-defined security design principles throughout systems. (Sec. 3) NIST must provide guidance for agencies to incorporate into their information security risk management efforts the Framework for Improving Critical Infrastructure Cybersecurity (Framework). Such guidance shall: describe how the Framework aligns or augments existing agency practices; identify any areas of conflict or overlap between the Framework and existing cybersecurity requirements; include a template for federal agencies on how to use the Framework and recommend procedures for streamlining and harmonizing existing and future cybersecurity-related requirements; recommend other procedures for compliance with cybersecurity reporting, oversight, and policy review; and be updated to reflect what NIST learns from ongoing research, cybersecurity audits, information compiled by the federal working group, and annual reports. NIST must chair a federal working group to coordinate the development of metrics and tools to measure the effectiveness of the Framework for federal agencies protecting their information and information systems. The federal working group must assist the Office of Management and Budget (OMB) and Office of Science and Technology Policy (OSTP) in publishing annual reports on agency adoption rates and the effectiveness of the Framework. NIST must initiate an individual cybersecurity audit of certain agencies to assess the extent to which each agency meets information security standards. NIST shall prepare a needs-based plan for the audits that includes: (1) a description of staffing plans, (2) workforce capabilities, (3) methods of conducting such audits, (4) coordination with agencies to support such audits, (5) expected timeframe for the completion of the audits, and (6) other relevant information. NIST must report on the audit of each agency to: (1) OMB, (2) the OSTP, (3) the Government Accountability Office, (4) the agency being audited and its inspector general, and (5) Congress.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring the Taxpayer a Fair Return for Federal Onshore Oil and Gas Resources Act of 2015''. SEC. 2. ADJUSTMENT OF MINIMUM BIDS AND ANNUAL RENTALS FOR OIL AND GAS AND TAR SANDS LEASES TO REFLECT INFLATION. (a) In General.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (1) in subsection (b)(1)(B), by striking ``$2 per acre'' and inserting ``$4 per acre''; (2) in subsection (b)(2)(C), by striking ``$2 per acre'' and inserting ``$5 per acre''; (3) in subsection (d)-- (A) by striking ``$1.50 per acre'' and inserting ``$3 per acre''; and (B) by striking ``$2 per acre'' and inserting ``$4 per acre''; and (4) by adding at the end the following: ``(q) Inflation Adjustment.-- ``(1) In general.--The Secretary shall-- ``(A) by regulation, at least once every 4 years, adjust each of the dollar amounts that applies under subsections (b)(1)(B), (b)(2)(C), and (d) by the cost- of-living adjustment; and ``(B) publish each such regulation in the Federal Register. ``(2) Definitions.--In this subsection: ``(A) Cost-of-living adjustment.--The term `cost- of-living adjustment' means the percentage (if any) for a dollar amount by which-- ``(i) the Consumer Price Index for the month of June of the calendar year preceding the adjustment, exceeds ``(ii) the Consumer Price Index for the month of June of the calendar year in which the dollar amount was last set or adjusted pursuant to law. ``(B) Consumer price index.--The term `Consumer Price Index' means the Consumer Price Index for all urban consumers published by the Department of Labor.''. (b) Conforming Amendment.--Section 17(b)(1)(B) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(B)) is amended beginning in the first sentence by striking ``for a period'' and all that follows through ``Thereafter, the'' and inserting ``. The''. SEC. 3. AMENDMENT OF ROYALTY RATES. (a) Royalty Rates.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (1) by striking ``12.5'' each place such term appears and inserting ``18.75''; and (2) by striking ``12\1/2\'' each place such term appears and inserting ``18.75''. (b) Application.--The amendments made by subsection (a) shall apply only to new leases issued on or after the date of enactment of this Act. SEC. 4. ON-SHORE FEDERAL OIL AND GAS ROYALTY SHARING. (a) In General.--Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended-- (1) by striking ``Sec. 35. (a)'' and all that follows through ``50 per centum thereof'' and inserting the following: ``SEC. 35. ON-SHORE OIL AND GAS ROYALTY SHARING. ``(a) Royalty Sharing.-- ``(1) In general.--Of the amounts received by the United States from sales, bonuses, and royalties, including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982, and from rentals of the public lands in Alaska under the provisions of this Act and the Geothermal Steam Act of 1970-- ``(A) 33.33 percent shall be used as described in paragraph (2); and ``(B) the remainder shall be used as described in paragraph (3). ``(2) Distribution of 33.33 percent.-- ``(A) In general.--Of the amount referred to in paragraph (1)(A)-- ``(i) 30 percent, but not to exceed $50,000,000 per fiscal year, shall be transferred by the Secretary of the Treasury to the Bureau of Land Management for use for oil and gas inspection and enforcement; ``(ii) 15 percent, but not to exceed $25,000,000 per fiscal year, shall be available to the Secretary of the Interior to remediate, reclaim, and properly plug and abandon orphan oil and gas wells on Federal lands; ``(iii) 45 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the leased land is located or the deposits were derived, for use by such State in accordance with paragraph (3); and ``(iv) the remainder shall be deposited into the Treasury as miscellaneous receipts. ``(B) Administration.--Amounts to be paid or available under clauses (i), (ii), and (iii) of subparagraph (A) shall-- ``(i) be available without further appropriation; and ``(ii) remain available until expended. ``(3) Distribution of remainder.--Of the amount referred to in paragraph (1)(B), and subject to subsection (b), 50 per centum thereof''; and (2) in subsection (a), by striking ``All moneys received'' and inserting the following: ``(4) General provisions.--All moneys received''. (b) Conforming Amendment.--Section 35(c)(1) of the Mineral Leasing Act (30 U.S.C. 191(c)(1)) is amended by striking ``the first sentence of''. (c) Limitations on Application.--The amendments made by subsection (a)-- (1) shall apply only to amounts received by the United States under new leases issued on or after the date of enactment of this Act; and (2) shall not affect the application of section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) to amounts received by the United States before the first fiscal year beginning after the date of the enactment of this Act.

Ensuring the Taxpayer a Fair Return for Federal Onshore Oil and Gas Resources Act of 2015 This bill amends the Mineral Leasing Act to increase the minimum acceptable bids and rentals for leases of oil, natural gas, and tar sand on federal land. Minimum acceptable bids and rentals shall receive inflation adjustments once every four years. One-third of any amounts received by the United States from sales, bonuses, and royalties, including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982, and from rentals of the public lands in Alaska under the Mineral Leasing Act and the Geothermal Steam Act of 1970, shall be made available in specified percentages: for use for oil and gas inspection and enforcement; to remediate, reclaim, and properly plug and abandon orphan oil and gas wells on federal lands; and to the state within whose boundaries the leased land is located, or the deposits were derived, for state use in accordance with specified requirements.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Commission Act of 1998''. SEC. 2. EXTENSION AND AUTHORIZATION OF APPROPRIATIONS. (a) Extension.--Section 6 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975d) is amended by striking ``1996'' and inserting ``2001''. (b) Authorization.--The first sentence of section 5 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975c) is amended to read ``There are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal years through fiscal year 2001.''. SEC. 3. STAFF DIRECTOR. Section 4(a)(1) of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975b(a)(1)) is amended-- (1) by striking ``There shall'' and inserting the following: ``(A) In general.--There shall''; (2) by striking ``(A)'' and inserting the following: ``(i)''; (3) by striking ``(B)'' and inserting the following: ``(ii)''; and (4) by adding at the end the following: ``(B) Term of office.--The term of office of the Staff Director shall be 4 years. ``(C) Review and retention.--The Commission shall annually review the performance of the staff director.''. SEC. 4. APPLICATION OF FREEDOM OF INFORMATION, PRIVACY, SUNSHINE, AND ADVISORY COMMITTEE ACTS. Section 4 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975b) is amended by adding at the end the following: ``(f) Application of Certain Provisions of Law.--The Commission shall be considered to be an agency, as defined in section 551(1) of title 5, United States Code, for the purposes of sections 552, 552a, and 552b of title 5, United States Code, and for the purposes of the Federal Advisory Committee Act.''. SEC. 5. REQUIREMENT FOR INDEPENDENT AUDIT. Section 4 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975b) is further amended by adding at the end the following: ``(g) Independent Audit.--Beginning with the fiscal year ending September 30, 1998, and each year thereafter, the Commission shall prepare an annual financial statement in accordance with section 3515 of title 31, United States Code, and shall have the statement audited by an independent external auditor in accordance with section 3521 of such title.''. SEC. 6. TERMS OF MEMBERS. (a) In General.--Section 2(c) of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975(c)) is amended by striking ``6 years'' and inserting ``5 years''. (b) Applicability.--The amendment made by this section shall apply only with respect to terms of office commencing after the date of the enactment of this Act. SEC. 7. REPORTS. Section 3(c)(1) of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975a(c)(1)) is amended by striking ``at least one report annually'' and inserting ``a report on or before September 30 of each year''. SEC. 8. SPECIFIC DIRECTIONS TO THE COMMISSION. (a) Implementation of GAO Recommendations.--The Commission shall, not later than June 30, 1998, implement the United States General Accounting Office recommendations regarding revision of the Commission's Administrative Instructions and structural regulations to reflect the current agency structure, and establish a management information system to enhance the oversight and project efficiency of the Commission. (b) ADA Enforcement Report.--Not later than September 30, 1998, the Commission shall complete and submit a report regarding the enforcement of the Americans with Disabilities Act of 1990. (c) Religious Freedom in Public Schools.-- (1) Report required.--Not later than September 30, 1998, the Commission shall prepare, and submit under section 3 of the Civil Rights Commission Act of 1983, a report evaluating the policies and practices of public schools to determine whether laws are being effectively enforced to prevent discrimination or the denial of equal protection of the law based on religion, and whether such laws need to be changed in order to protect more fully the constitutional and civil rights of students and of teachers and other school employees. (2) Review of enforcement activities.--Such report shall include a review of the enforcement activities of Federal agencies, including the Departments of Justice and Education, to determine if those agencies are properly protecting the religious freedom in schools. (3) Description of rights.--Such report shall also include a description of-- (A) the rights of students and others under the Federal Equal Access Act (20 U.S.C. 4071 et seq.), constitutional provisions regarding equal access, and other similar laws; (B) the rights of students and teachers and other school employees to be free from discrimination in matters of religious expression and the accommodation of the free exercise of religion; and (C) issues relating to religious non-discrimination in curriculum construction. (d) Crisis of Young African-American Males Report.--Not later than September 30, 1999, the Commission shall submit a report on the crisis of young African-American males. (e) Fair Employment Law Enforcement Report.--Not later than September 30, 1999, the Commission shall submit a report on fair employment law enforcement. (f) Regulatory Obstacles Confronting Minority Entrepreneurs.--Not later than September 30, 1999, the Commission shall develop and carry out a study on the civil rights implications of regulatory obstacles confronting minority entrepreneurs, and report the results of such study under section 3 of the Civil Rights Commission Act of 1983. SEC. 9. ADVISORY COMMITTEES. Section 3(d) of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975a(d)) is amended by adding at the end the following: ``The purpose of each such advisory committee shall be to conduct fact finding activities and develop findings or recommendations for the Commission. Any report by such an advisory committee to the Commission shall be fairly balanced as to the viewpoints represented.''. Passed the House of Representatives March 18, 1998. Attest: Robin H. Carle, Clerk.

Civil Rights Commission Act of 1998 - Amends the Civil Rights Commission Act of 1983 to extend the termination date of the United States Commission on Civil Rights. Authorizes appropriations to carry out that Act. Sets a four-year term of office for the Commission's staff director and requires the Commission to annually review the staff director's performance. Includes the Commission in the term "agency" for purposes of the Freedom of Information Act, the Privacy Act of 1974, the Government in the Sunshine Act, and the Federal Advisory Committee Act. Requires the Commission to prepare an annual financial statement and have the statement audited by an independent external auditor. Shortens Commission Members' terms of office to five years. Requires the Commission to implement the General Accounting Office's recommendations regarding revision of the Commission's Administrative Instructions and structural regulations and to establish a management information system. Requires the Commission to report regarding: (1) enforcement of the Americans with Disabilities Act of 1990; (2) religious freedom in public schools; (3) the crisis of young African-American males; (4) fair employment law enforcement; and (5) the civil rights implications of regulatory obstacles confronting minority entrepreneurs. Declares that the purpose of advisory committees constituted by the Commission is to conduct fact finding and develop findings or recommendations. Requires any report by an advisory committee to be fairly balanced in the viewpoints represented.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Home-Assembled Firearms Restriction Act of 2015''. SEC. 2. DO-IT-YOURSELF ASSAULT WEAPON BAN. (a) Banned Hazardous Products.--Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), the following shall be considered banned hazardous products under section 8 of such Act (15 U.S.C. 2057): (1) A firearm receiver casting or firearm receiver blank that-- (A) at the point of sale does not meet the definition of a firearm in section 921(a) of title 18, United States Code; and (B) after purchase by a consumer, can be completed by the consumer to the point at which such casting or blank functions as a firearm frame or receiver for a semiautomatic assault weapon or machine gun. (2) An assault weapon parts kit. (3) A machinegun parts kit. (b) Enforcement.--Subsection (a) shall be treated as a ban under section 19 of the Consumer Product Safety Act (15 U.S.C. 2068). (c) Consultation.--In enforcing this section, the Consumer Product Safety Commission shall periodically consult with the Bureau of Alcohol, Tobacco, Firearms and Explosives regarding effective strategies for and methods of enforcement. SEC. 3. PROHIBITION OF ADVERTISING DO-IT-YOURSELF ASSAULT WEAPONS. (a) In General.--It shall be unlawful to market or advertise, on any medium of electronic communications, including over the Internet, for the sale of any of the following: (1) A firearm receiver casting or firearm receiver blank that-- (A) at the point of sale does not meet the definition of a firearm in section 921(a) of title 18, United States Code; and (B) after purchase by a consumer, can be completed by the consumer to the point at which such casting or blank functions as a firearm frame or receiver for a semiautomatic assault weapon or machinegun. (2) An assault weapon parts kit. (3) A machinegun parts kit. (b) Enforcement by the Federal Trade Commission.--A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (c) Rule of Construction.--Nothing contained in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. SEC. 4. DEFINITIONS. (a) Terms.--For purposes of this Act-- (1) the term ``assault weapon parts kit'' means any part or combination of parts not designed and intended for repair or replacement but designed and intended to enable a consumer who possesses all such necessary parts to assemble a semiautomatic assault weapon; (2) the term ``machinegun parts kit'' means any part or combination of parts designed and intended to enable a consumer who possesses all such necessary parts to assemble a machinegun or convert a firearm into a machinegun; (3) the term ``semiautomatic assault weapon'' means-- (A) a semiautomatic rifle or semiautomatic shotgun that has the capacity to accept a detachable ammunition magazine; or (B) a semiautomatic pistol that has-- (i) the capacity to accept a detachable ammunition magazine; and (ii) any one of the features described in subsection (b); (4) the term ``machinegun'' has the meaning given such term in section 5845(b) of the Internal Revenue Code of 1986; (5) the term ``semiautomatic pistol'' means any repeating pistol that utilizes a portion of the energy of a firing cartridge to extract the fixed cartridge case and chamber the next round and requires a separate pull of the trigger to fire each cartridge; (6) the term ``semiautomatic rifle'' has the meaning given such term in section 921(a)(28) of title 18, United States Code; and (7) the term ``semiautomatic shotgun'' means any repeating shotgun that utilizes a portion of the energy of a firing cartridge to extract the fixed cartridge case and chamber the next round and requires a separate pull of a trigger to fire each cartridge. (b) Special Features of a Semiautomatic Pistol.--The special features described in subsection (a)(3)(B)(ii) are-- (1) an ammunition magazine that attaches to the pistol outside of the pistol grip; (2) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer; (3) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned; (4) a manufactured weight of 50 ounces or more when the pistol is unloaded; and (5) a semiautomatic version of an automatic firearm. SEC. 5. CONSTRUCTION. Nothing in this Act shall be construed as limiting the ability of a State to enact more restrictive gun-related laws, or bans on firearm receiver castings, firearm receiver blanks, assault weapon parts kits, or machinegun parts kits.

Home-Assembled Firearms Restriction Act of 2015 Considers as a banned hazardous product under the Consumer Product Safety Act: (1) any firearm receiver casting or firearm receiver blank (do-it-yourself assault weapon) that does not meet the definition of a firearm under the federal criminal code at the point of sale but that can be completed after purchase by the consumer to function as a firearm frame or receiver for a semiautomatic assault weapon or machine gun, or (2) an assault weapon parts kit or machine gun parts kit. Makes it unlawful to market or advertise any of such weapons for sale on any medium of electronic communications, including over the Internet. Requires marketing or advertising violations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act.

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SECTION 1. CRIMINAL AND CIVIL FORFEITURE FOR MAIL AND WIRE FRAUD. (a) In General.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following new sections: ``Sec. 1347. Criminal forfeiture for violation of section 1341 or 1343 ``(a) In General.--A person convicted of a violation of sections 1341 or 1343 of this title shall, notwithstanding any provision of State law, forfeit to the United States any property constituting or derived from any proceeds which the person obtained directly or indirectly from a scheme in violation of either section. ``(b) Procedures of Controlled Substances Act Applicable.--With respect to a forfeiture under this section for a violation of this chapter, the provisions of subsections (b), (c), (e), (f), (g), (i), (k), (l), (m), (n), and (o) of section 413 of the Controlled Substances Act apply as they would to a forfeiture under that section for a violation of the Controlled Substances Act. ``(c) Disposition of Property.--After a seizure of property ordered forfeited under this section, the Attorney General shall dispose of the property under section 1349 of this title. The Postal Service shall turn any such seized property over to the Attorney General for disposal under such section. ``(d) Substitute Assets.--If any of the property subject to forfeiture under this section, as a result of conduct of the defendant-- ``(1) cannot be located upon the exercise of due diligence; ``(2) has been transferred or sold to, or deposited with, a third party; ``(3) has been placed beyond the jurisdiction of the court; ``(4) has been substantially diminished in value; or ``(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5) of this subsection. ``Sec. 1348. Civil forfeiture for violation of section 1341 or 1343 ``(a) Property Subject to Civil Forfeiture.--Any property, as defined by subsection (b) of section 413 of the Controlled Substances Act, constituting or derived from any proceeds of a scheme in violation of sections 1341 or 1343 of this title shall be subject to forfeiture to the United States. ``(b) Seizure.--(1) Except as provided in paragraph (4), any property subject to forfeiture to the United States under this section may be seized by the Attorney General or the Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by a district court of the United States having jurisdiction over the property. ``(2) The Attorney General or the Postal Service may seize such property without such process when-- ``(A) the seizure is incident to a lawful arrest or search; or ``(B) such property has been the subject of a prior judgment in favor of the United States in a criminal injunction or forfeiture proceeding under section 1347 of this title. ``(3) The Government may seek the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. ``(4) No property shall be forfeited under this section to the extent of the interest of an owner or lienholder by reason of any act or omission established by that owner or lienholder to have been committed without the knowledge of that owner or lienholder. ``(c) Procedural Matters.--(1) With respect to a forfeiture of property under this section, the provisions of subsections (c), (d), (h), and (j) of section 511 of the Controlled Substances Act apply as they would to a forfeiture of property under that section, and the Postal Service may also perform any of the functions the Attorney General may perform under such subsections. ``(2) The filing of an indictment or information alleging a violation of section 1341 or 1343 of this title which is also related to a civil forfeiture proceeding under either section shall, upon motion of the United States and for good cause shown, stay the civil forfeiture proceeding. ``(d) Disposition of Property.--After a seizure of property ordered forfeited under this section, the Attorney General or the Postal Service shall dispose of the property under section 1349 of this title. ``Sec. 1349. Disposition of forfeited property ``(a) In General.--After making due provision for the rights of any innocent persons, the Attorney General, after deducting the costs incurred by the United States in conducting the seizure, forfeiture, and identification of victims, shall deposit the property forfeited or the proceeds from the sale of property forfeited under sections 1347 or 1348 of this title in the Department of Justice Assets Forfeiture Fund established by section 524(c) of title 28. The Postal Service may exercise the authority of the Attorney General in conducting administrative forfeitures and shall deposit the property forfeited or the proceeds of the property forfeited in the Postal Service Fund under section 2003(b)(7) of title 39. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant. Neither the defendant nor any person acting in concert with the defendant or on the defendant's behalf is eligible to purchase forfeited property sold by the United States. ``(b) Restraint Pending Appeal.--Upon application of a person other than the defendant or a person acting in concert with the defendant or on the defendant's behalf, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal in the case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition will result in irreparable harm to the applicant. ``(c) Rules for Disposition.--The Attorney General and the Postal Service shall make rules providing for the disposition of such property and proceeds. The rules shall provide that the Attorney General or the Postal Service may-- ``(1) retain the property for official use; ``(2) transfer the property to Federal, State, or local law enforcement agencies so as to reflect generally the contribution of such agencies to the seizure or forfeiture of such property; ``(3) sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public; ``(4) require that the General Services Administration take custody of the property and dispose of it in accordance with law; ``(5) restore forfeited property to victims of an offense described in subsection (a); ``(6) destroy the property if it is harmful to the public or the expense of sale would exceed the amount realized from the sale; or ``(7) dispose of such funds or property as otherwise provided by law.''. (b) Clerical Amendment.--The table of sections for chapter 63 of title 18, United States Code, is amended by adding at the end the following new items: ``1347. Criminal forfeiture for violation of section 1341 or 1343. ``1348. Civil forfeiture for violation of section 1341 or 1343. ``1349. Disposition of forfeited property.''. SEC. 2. POSTAL SERVICE FUND AMENDMENT. Section 2003(b)(7) of title 39, United States Code, is amended to read as follows: ``(7) amounts (including proceeds from the sale of forfeited items) from any forfeiture conducted by the Postal Service and from any forfeiture resulting from an investigation conducted by the Postal Service, except that nothing in this paragraph shall preclude the Postal Service from sharing such amounts with any Federal or State agency whose efforts in investigating or litigating the forfeiture contributed to the receipt of such funds.''.

Amends the Federal criminal code to provide for criminal and civil forfeiture for mail and wire fraud. Makes specified procedures relating to forfeitures under the Controlled Substances Act applicable to forfeitures under this Act. Requires the court to order the forfeiture of any other property of the defendant up to the value of the property subject to forfeiture under this Act if, as a result of conduct of the defendant, the forfeited property cannot be located upon the exercise of due diligence or has been transferred or sold to, or deposited with, a third party, placed beyond the court's jurisdiction, substantially diminished in value, or commingled with other property which cannot be divided without difficulty. Directs that any such forfeited property be seized by the Attorney General or U.S. Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by a U.S. district court having jurisdiction over the property, with exceptions for innocent owners or lienholders. Authorizes the Attorney General or Postal Service to seize such property without such process under specified circumstances. Directs the: (1) Attorney General, after providing for the rights of any innocent persons and deducting costs incurred by the United States in conducting the seizure, forfeiture, and identification of victims, to deposit the property forfeited or the proceeds from its sale in the Department of Justice Assets Forfeiture Fund; and (2) the Postal Service to deposit property forfeited or the proceeds into the Postal Service Fund. Sets forth provisions regarding: (1) restraint or staying of the sale or disposition of property pending appeal; and (2) rules for the disposition of such property and proceeds. Requires the deposit into the Postal Service Fund of amounts from any forfeiture conducted by the Postal Service and from any forfeiture resulting from an investigation conducted by the Postal Service. Allows the Postal Service to share such amounts with any Federal or State agency whose efforts in investigating or litigating the forfeiture contributed to the receipt of such funds.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Smoking Prevention Act of 1995''. SEC. 2. AUTHORITY TO REGULATE TOBACCO AND OTHER PRODUCTS CONTAINING NICOTINE. (a) Food and Drug Administration.--The Secretary of Health and Human Services does not have any authority under-- (1) the Federal Food, Drug, and Cosmetic Act, (2) the Federal Cigarette Labeling and Advertising Act, or (3) the Comprehensive Smokeless Tobacco Health Education Act of 1986, to regulate the manufacture, labeling, sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine. (b) Federal Authority.--The Federal authority to regulate the sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine is established as a condition to the receipt by States of the Federal preventive health and health services block grant. SEC. 3. REGULATION OF STATE AUTHORITY. (a) In General.--Section 1926(a)(1) of the Public Health Service Act (42 U.S.C. sec. 300x-26(a)(1)) is amended to read as follows: ``(1) In general.--Subject to paragraph (2), for fiscal year 1997 and subsequent fiscal years, the Secretary may make a grant under section 1921 only if the State involved has in effect a law which provides the following: ``(A) Minors.-- ``(i) Sales.--It shall be unlawful to sell tobacco and other tobacco products containing nicotine to an individual under the age of 18. Tobacco and other tobacco products containing nicotine may be sold only to individuals who present a document containing the individual's photograph and date of birth. Any person who violates this paragraph shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(ii) Purchase.--It shall be unlawful for an individual under the age of 18 to purchase any tobacco and other tobacco product containing nicotine. Any individual who violates this paragraph for the first time shall be fined not more than $100, required to perform community service, or required to attend education and training in the hazards of smoking. Any individual who violates this paragraph more than once shall be fined not more than $100, required to perform community service, and required to attend education and training in the hazards of smoking. Such education and training shall be funded by the fines collected under this paragraph. ``(iii) Identification.--It shall be unlawful for an individual to present identification for the purchase of tobacco and other tobacco products containing nicotine which is false. Any individual who violates this paragraph shall be fined not more than $250, required to perform community service, and required to attend education and training in the hazards of smoking. ``(B) Sales of specific products.--It shall be unlawful to sell-- ``(i) individual cigarettes, and ``(ii) packages of cigarettes which contain less than 20 cigarettes. Any person who violates this subsection shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(C) Vending machines.--No person, firm, partnership, company, or corporation shall operate a vending machine which dispenses cigarettes or smokeless tobacco products unless such vending machine is in a location that is in plain view and under the direct supervision and control of the individual in charge of the location or such individual's designated agent or employee, except that this subparagraph shall not apply in the case of a vending machine that is located-- ``(i) at a private club; ``(ii) at a bar or bar area of a food service establishment; ``(iii) at a factory, warehouse, tobacco business, or any other place of employment which has an insignificant portion of its regular workforce comprised of individuals under the age of 18 years and only if such machines are located in an area that is not accessible to the general public; ``(iv) in any place if the vending machine is equipped with a device which controls the sale of tobacco products from the machine to individuals under the age of 18; or ``(v) in such other location or made available in another manner that is expressly permitted under applicable State law. ``(D) Self-service displays.--It shall be unlawful to make tobacco and other tobacco products containing nicotine available to individuals under the age of 18 in self-service displays which are not under the supervision of an individual over the age of 18. Any person who violates this subsection shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(E) Samples.--It shall be unlawful to distribute free samples of tobacco and other tobacco products containing nicotine to individuals under the age of 18 through the mail or otherwise. Any person who violates this subparagraph shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(F) Use of mail.--It shall be unlawful to distribute tobacco and other tobacco products containing nicotine through the mail to individuals under the age of 18. Such tobacco products when distributed through the mails is nonmailable matter and such distribution shall be penalized in accordance with chapter 30 of title 39, United States Code. ``(G) General requirements applicable to sales.-- Tobacco and other tobacco products containing nicotine which are offered for sale at retail must be in the sight and control of the person responsible for making the sales. Any person offering such products for sale at retail shall post, in accordance with regulations of the State, signs stating the minimum purchase age, stating health warnings, and stating the penalties for violations of the requirements of this paragraph. Any person who violates this subparagraph shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(H) Notice to employees.--Each owner of a retail establishment which sells tobacco and other tobacco products containing nicotine shall notify each individual employed in the establishment as a retail sales clerk that the sale of tobacco and such products to individuals under the age of 18 and the purchase by such individuals of tobacco and such products are prohibited. Such notice shall be provided to such an employee before such employee begins work as a retail sales clerk or if such work has been begun, within 30 days of the date of the enactment of this paragraph. Such an employee shall sign a form stating that such employee has been notified of the prohibited acts. Such an owner shall retain such forms and make them available to persons conducting inspections under this paragraph. An owner who fails to make such notice or retain such a form shall be fined not less than $100 and not more than $250. ``(I) Licenses.--No person may engage in the retail sale of cigarettes without a license issued for such purpose by the State. The license shall be-- ``(i) issued in accordance with such system, ``(ii) issued for such fee, and ``(iii) issued for such term, as the State shall establish. The State shall establish penalties (including loss of license) for sales without a license and other sales in violation of this paragraph. ``(J) State responsibilities.--The State shall conduct annual random unannounced inspections of over- the-counter and vending machine outlets for the sale of tobacco and other tobacco products containing nicotine to assure that sales of tobacco and other tobacco products containing nicotine are being made in accordance with this paragraph so that individuals under the age of 18 do not have access to tobacco and other tobacco products containing nicotine. ``(K) Advertising.-- ``(i) Billboards.--Billboards which advertise tobacco and other tobacco products containing nicotine may not be placed within the line of sight of any individual in a school or in an area designated as a playground. ``(ii) Brand names and logos.--The brand name or logo of a manufacturer of tobacco and other tobacco products containing nicotine may not be placed on any item marketed specifically to minors, including toys and video games.''. (b) Conforming Amendments.--Section 1926 of the Public Health Service Act (42 U.S.C. sec. 300x-26) is amended-- (1) in subsection (a)(2), by striking ``1993'' and inserting ``1997''; (2) in subsection (a)(2), by striking ``1994'' and inserting ``1998''; and (3) in subsection (a)(2), by striking ``1995'' and inserting ``1999''; (4) in subsection (d)(1), by striking ``1995'' and inserting ``1999''; and (5) in subsection (d)(2), by striking ``1994'' and inserting ``1998''. (c) Noncompliance.--Section 1926(c) of the Public Health Service Act (42 U.S.C. sec. 300x-26(c)) is amended-- (1) in paragraph (1), by striking ``10 percent'' and inserting ``20 percent''; (2) in paragraph (2), by striking ``20 percent'' and inserting ``40 percent''; (3) in paragraph (3), by striking ``30 percent'' and inserting ``60 percent''; and (4) in paragraph (4), by striking ``40 percent'' and inserting ``80 percent''. (d) Enforcement.--Section 1926 of the Public Health Service Act (42 U.S.C. sec. 300x-26) is amended by adding at the end thereof the following: ``(e) Enforcement.--Any amounts made available to a State through a grant under section 1921 may be used to enforce the laws described in subsection (a).''. SEC. 4. REPORT. The Secretary of Health and Human Services shall make an annual report to the Congress on the actions taken by the States in compliance with section 1926(a)(1) of the Public Health Service Act as amended by section 3.

Youth Smoking Prevention Act of 1995 - Declares that the Secretary of Health and Human Services does not have any authority under the Federal Food, Drug, and Cosmetic Act, the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smokeless Tobacco Health Education Act of 1986 to regulate the manufacture, labeling, sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine. Establishes the Federal authority to regulate the sale, distribution, and advertising and promotion of tobacco and tobacco products containing nicotine as a condition to the receipt by State of the Federal preventive health and health services block grant. Amends the Public Health Service Act to prohibit or reduce the amount of block grants for the prevention and treatment of substance abuse based on whether a State has a law prohibiting: (1) sale of tobacco or tobacco products to individuals under the age of 18; (2) purchase of those materials by such individuals; (3) use of false identification for the purchase of those materials; (4) sale of individual cigarettes and packages of fewer than 20 cigarettes; (5) operation of a vending machine dispensing such materials unless specified requirements are met; (6) use of unsupervised self-service displays; (7) distribution of free samples to such individuals; and (8) distribution through the mail to such individuals. Sets forth general requirements regarding the sale of such materials and related notice by the owner to the employees of a retail establishment. Prohibits engaging in the retail sale of cigarettes without a license issued by the State. Sets forth State responsibilities. Regulates billboard advertising. Prohibits the placement of a tobacco manufacturer's brand name or logo on any item marketed specifically to minors, including toys and video games. Allows use of amounts available under such block grants to enforce the laws described in this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hope Offered through Principled, Ethically-Sound Stem Cell Research Act'' or the ``HOPE Act''. SEC. 2. PURPOSES. It is the purpose of this Act to-- (1) intensify research that may result in improved understanding of or treatments for diseases and other adverse health conditions; and (2) promote the derivation of pluripotent stem cell lines without the creation of human embryos for research purposes or discarding, destroying, or knowingly harming a human embryo. SEC. 3. DEFINITIONS. In this Act: (1) Altered nuclear transfer.--The term ``altered nuclear transfer'' means a method for obtaining pluripotent stem cells using a modified form of somatic cell nuclear transfer to produce a biological artifact. (2) Biological artifact.--The term ``biological artifact'' means an artificially created non-embryonic cellular system, engineered to lack the essential elements of embryogenesis but still capable of some cell division and growth. (3) Direct reprogramming of adult cells.--The term ``direct reprogramming of adult cells'' means a procedure whereby differentiated, somatic cells are restored to a more undifferentiated, multipotent condition. Such process is also known as ``dedifferentiation''. (4) Embryo adoption.--The term ``embryo adoption'' means the occurrence of a woman receiving into her uterus a human embryo or embryos to which neither she nor her partner has contributed a gamete for the purpose of child bearing. (5) Embryonic stem cells.--The term ``embryonic stem cells'' means primitive cells derived from the inner cell mass of the human embryo or embryos, that have the potential to become a wide variety of specialized cell types. (6) Human embryo or embryos.--The term ``human embryo or embryos'' includes any organism, not protected as a human subject under part 46 of title 45, Code of Federal Regulations, as of the date of enactment of this section, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. (7) In vitro fertilization.--The term ``in vitro fertilization'' means the union of an egg and sperm, where the event takes place outside the body and in an artificial environment. (8) Oocyte.--The term ``oocyte'' means an unfertilized human egg cell. (9) Organismically dead embryo.--The term ``organismically dead embryo'' means the irreversible loss of the capacity of continued and integrated cellular division, growth and differentiation. (10) Pluripotent cell.--The term ``pluipotent cell'' means a cell that can produce all the cell types of the developing body. Embryonic stem cells, as well as the inner cell mass cells of the blastocyst, are pluripotent cells. (11) Pluripotent stem cells.--The term ``pluripotent stem cells'' means precursor cells that are capable both of perpetuating themselves as stem cells and of producing all or almost all the cell types of the developing body, and that have functional capacity (stable pluripotency) as an embryonic stem cell, though not necessarily the same origin. (12) Review board.--The term ``Review Board'' means the National Stem Cell Review Board established under section 5. (13) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (14) Stem cell line.--The term ``stem cell line'' means stem cells which have been cultured under in vitro conditions that allow proliferation without differentiation from months to years. SEC. 4. PROVISION OF FEDERAL FUNDING. (a) Basic and Applied Research.-- (1) In general.--The Secretary shall conduct and support basic and applied research to develop techniques for the isolation, derivation, production, or testing of pluripotent stem cells that have the flexibility of embryonic stem cells (whether or not they have an embryonic source), and may result in improved understanding of or treatments for diseases and other adverse health conditions, provided that such isolation, derivation, production, or testing will not involve-- (A) the creation of a human embryo or embryos for research purposes; or (B) the destruction or discarding of a human embryo or embryos, or knowingly subjecting a human embryo or embryos to risk of injury or death greater than that allowed for research on fetuses in utero under section 498(b) of this Act and section 46.204(b) of title 45, Code of Federal Regulations. (2) Inclusions.--Research under paragraph (1) may include-- (A) Methods that use-- (i) cells derived from altered nuclear transfer; or (ii) cells derived from organismically dead embryos; and (B) the investigation of evidence for pluripotent potential in adult stem cells from various sources; or (C) the direct reprogramming of adult cells, the derivation of stem cells from human germ cells, and other methods that do not harm or destroy a human embryo or embryos and that are certified by the Review Board. (b) Limitations.--If any research described in subsection (a) is determined by the Secretary to create an embryo or embryos for research purposes, or harm or destroy a human embryo or embryos, such research shall immediately be terminated until such determination is reviewed and resolved to the satisfaction of the Review Board. (c) Guidelines.--Not later than 90 days after the date of the enactment of this section, the Secretary, after consultation with the Director, shall issue final guidelines that-- (1) provide guidance concerning the next steps required for additional research, which shall include a determination of the extent to which specific techniques may require additional basic or animal research to ensure that any research involving human cells using these techniques would clearly be consistent with subsection (a); (2) prioritize research with the greatest potential for near-term clinical benefit; and (3) consistent with subsection (a), take into account techniques outlined by the President's Council on Bioethics and any other appropriate techniques and research. (d) Reporting Requirements.--Not later than January 1 of each year, the Secretary shall prepare and submit to the appropriate committees of the Congress a report describing the activities carried out under this section during the fiscal year, including a description of the research conducted under this section. (e) Rule of Construction.--Nothing in this section shall be construed as altering the policy in effect on the date of enactment of this section regarding the eligibility of stem cell lines for funding by the National Institutes of Health. SEC. 5. NATIONAL STEM CELL RESEARCH REVIEW BOARD. (a) In General.--There shall be established within the Department of Health and Human Services a board to be known as the ``National Stem Cell Research Review Board'' which shall be responsible for-- (1) monitoring research to ensure that it is in compliance with the principles of this Act; (2) prioritizing research with the greatest potential for near term benefits; (3) ensuring fair consideration of both embryonic stem cell and adult stem cell research for funding; and (4) completing their duties under this section in a timely matter to promote rather than hinder appropriate research. (b) Composition.-- (1) In general.--The Review Board shall be composed of 11 individuals, to be appointed by the Secretary. (2) Requirements.--The members appointed under paragraph (1) shall include-- (A) scientists or physicians with relevant expertise (including areas of assisted reproduction, developmental biology, and clinical medicine), including scientists that are not directly engaged in the research considered by the Board; (B) ethicists or professionals from other disciplines with a specialized ability to interpret the moral justifications and implications of the research considered by the Board; (C) members or advisors familiar with relevant national legal statutes governing the research considered by the Board; and (D) community members, unaffiliated with the institutions involved through employment or other remunerative relationships, who are objective and reasonably familiar with the views and needs of research subjects, patients and patient communities who could be benefitted or harmed by stem cell research, and community standards. (3) Terms of office.-- (A) In general.--The term of office of a member of a the Review Board appointed under paragraph (1) shall be 4 years, except that any member appointed to fill a vacancy for an unexpired term shall serve for the remainder of such term. The Secretary shall ensure that appointments are made to the Board in such a manner as to ensure that the terms of the members not all expire in the same year and that not all members' terms concur with the 4-year Presidential term. A member of the Board may serve after the expiration of such member's term until a successor has been appointed and taken office. (B) Time for appointment.--If a vacancy occurs among the members of the Review Board, the Secretary shall ensure that an appointment to fill such vacancy occurs within 90 days from the date the vacancy occurs. (c) Limitation.--The Review Board shall not be responsible for dispersing funds. The Board shall ensure that funds which are to be provided by the Federal Government are being used appropriately and under the provisions of this Act. (d) Additional Administrative Provisions.-- (1) Compensation.--Members of the Review Board who are officers or employees of the United States shall not receive any compensation for service on the Board. The remaining members of the Board shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent to the annual rate in effect for grade GS-15 of the General Schedule. (2) Executive secretary and staff.--The Review Board may appoint an individual to serve as the Executive Secretary of the Board. The Secretary shall make available to the Board such staff, information, and other assistance as it may require to carry out its functions. SEC. 6. INFORMED CONSENT PROVISIONS. (a) Purpose.--It is the purpose of this section to ensure that individuals are empowered to make voluntary and informed decisions regarding the use of human embryo or embryos created using their biological materials or their oocytes. (b) Timing of Consent.--Consent from an individual for the donation of materials for research described in this Act shall be obtained from such individual, in writing, at the time of the proposed transfer of the donated materials from the storage site to the research team. (c) Provision of Information to Donors.--At the time that the consent described in subsection (b) is given, the donor shall be informed, verbally and in writing, that the donor retains the right to withdraw such consent until such time as the donated materials involved are actually utilized in research. SEC. 7. PRIVACY. Provisions protecting individually identifiable information under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note) shall apply to donors under this Act. SEC. 8. PROHIBITION ON PROFITEERING FROM COMMERCE IN EMBRYOS, HUMAN OVUMS, OR EMBRYONIC STEM CELL LINES. (a) No Valuable Consideration.--Section 301 of the National Organ Transplant Act (42 U.S.C. 274e) is amended-- (1) in subsection (a), by inserting ``, human ovum, human blastocyst, human embryo, or stem cell derived from a human embryo'' after ``any human organ''; and (2) in subsection (c)(2)-- (A) by striking ``human organ'' each place the term appears and inserting ``human organ, human ovum, human blastocyst, human embryo, or stem cell derived from a human embryo''; and (B) by inserting ``, ovum, blastocyst, embryo, or stem cell'' after ``the organ''. (b) No Profits From Therapies That Destroy Human Embryos.--Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by adding at the end the following: ``SEC. 498D. REQUIREMENTS FOR RESEARCH INVOLVING HUMAN EMBRYOS. ``(a) Ensuring Access to Affordable Treatments.-- ``(1) In general.--It shall be unlawful for any person to knowingly receive any valuable consideration for any therapy that-- ``(A) affects interstate commerce or is funded, in full or in part, by Federal assistance; and ``(B) utilizes cells from a human embryo, if the process of deriving such cells destroyed the embryo. ``(2) Definition of valuable consideration.--In this subsection, the term `valuable consideration' does not include the reasonable production and administrative costs associated with developing a therapy described in paragraph (1).''. SEC. 9. FUNDING FOR STEM CELL RESEARCH. (a) In General.--There is authorized to be appropriated to carry out this Act, $5,000,000,000 for the period beginning with fiscal year 2008 and ending with fiscal year 2017. (b) Distribution of Funds.-- (1) In general.--Not less than 90 percent of the amount appropriated in each fiscal year under subsection (a) shall be allocated by the Secretary for the research and administrative costs described in this Act. (2) Remainder.--Not more than 10 percent of the amount appropriated in each fiscal year under subsection (a) shall be allocated by the Secretary for-- (A) the Federal promotion of human embryo or embryos adoption from in vitro fertilization clinics; (B) research towards prevention and medical treatment of genetic conditions consistent with this Act that do not involve harming or destroying human embryos in order to promote the health of the population; and (C) research to advance the understanding of clinical techniques to minimize the creation of human embryo or embryos that remain unimplanted after clinical in vitro fertilization treatments.

Hope Offered through Principled, Ethically-Sound Stem Cell Research Act or the HOPE Act - Requires the Secretary of Health and Human Services to conduct and support research to develop techniques for the isolation, derivation, production, or testing of pluripotent stem cells that have the flexibility of embryonic stem cells and that may result in improved understanding of, or treatments for, diseases and other adverse health conditions, provided that such techniques do not involve: (1) the creation of a viable human embryo for research purposes; (2) the destruction or discarding of a human embryo; or (3) knowingly subjecting a human embryo to risk of injury or death greater than that allowed on fetuses in utero. Establishes the National Stem Cell Research Review Board to: (1) monitor research to ensure that it is in compliance with this Act; (2) prioritize research with the greatest potential for near term benefits; and (3) ensure fair consideration of both embryonic and adult stem cell research for funding. Sets forth consent requirements for the donation of materials for research. Applies federal provisions protecting individually identifiable health information to donors. Amends the National Organ Transplant Act to prohibit the transfer of any human ovum, human blastocyst, human embryo, or stem cell derived from a human embryo for valuable consideration. Amends the Public Health Service Act to prohibit any person from knowingly receiving any valuable consideration for any therapy that: (1) affects interstate commerce or is funded by federal assistance; and (2) utilizes cells from a human embryo if the process of deriving such cells destroyed the embryo.

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SECTION 1. DEFINITION OF RENEWABLE BIOMASS. (a) Clean Air Act Definitions.-- (1) RFS definition.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (I) and inserting the following: ``(I) Renewable biomass.--The term `renewable biomass' means-- ``(i) materials, pre-commercial thinnings, or invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that-- ``(I) are byproducts of preventive treatments that are removed-- ``(aa) to reduce hazardous fuels; ``(bb) to reduce or contain disease or insect infestation; or ``(cc) to restore ecosystem health; ``(II) would not otherwise be used for higher-value products; and ``(III) are harvested in accordance with-- ``(aa) applicable law and land management plans; and ``(bb) the requirements for-- ``(AA) old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512); and ``(BB) large-tree retention of subsection (f) of that section; or ``(ii) any organic matter that is available on a renewable or recurring basis from non- Federal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including-- ``(I) renewable plant material, including-- ``(aa) feed grains; ``(bb) other agricultural commodities; ``(cc) other plants and trees; and ``(dd) algae; and ``(II) waste material, including-- ``(aa) crop residue; ``(bb) other vegetative waste material (including wood waste and wood residues); ``(cc) animal waste and byproducts (including fats, oils, greases, and manure); and ``(dd) food waste and yard waste.''. (2) Conversion assistance definition.--Section 211(s)(4) of the Clean Air Act (42 U.S.C. 7545(s)(4)) is amended by striking subparagraph (B) and inserting the following: ``(B) Renewable biomass.--The term `renewable biomass' has the meaning given the term in subsection (o)(1).''. (b) Applicability Under Other Law.--The definition of the term ``renewable biomass'' under section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) (as amended by subsection (a)(1)) shall apply in any Federal law enacted after the date of enactment of this Act-- (1) to establish a renewable electricity standard; or (2) to regulate the emission of greenhouse gases.

Amends the Clean Air Act to redefine "renewable biomass" as: (1) materials, pre-commercial thinnings, or invasive species from certain National Forest System land and public lands that are byproducts of preventive treatments that are removed to reduce hazardous fuels, reduce or contain disease or insect infestation, or restore ecosystem health, that would not otherwise be used for higher-value products, and that are harvested in accordance with specified requirements for old-growth forests and large tree retention; or (2) any organic matter that is available on a renewable or recurring basis from nonfederal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including specified renewable plant material and waste material. Applies this definition in any federal law enacted after the date of enactment of this Act to: (1) establish a renewable electricity standard; or (2) regulate the emission of greenhouse gases.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Mammography Coverage Act of 1993''. SEC. 2. COVERAGE OF SCREENING MAMMOGRAPHY UNDER MEDICAID. (a) In General.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)), as amended by the Omnibus Budget Reconciliation Act of 1990, is amended-- (1) by striking ``and'' at the end of paragraph (21); (2) in paragraph (24), by striking the comma at the end and inserting a semicolon; (3) by redesignating paragraphs (22), (23), and (24) as paragraphs (21), (22), and (23), respectively, and by transferring and inserting paragraph (25) after paragraph (23), as so redesignated; and (4) by inserting after paragraph (23) the following new paragraph: ``(24) screening mammography (as defined in subsection (t)(1)) that meets the quality standards established under section 1834(c)(3), to the extent consistent with the frequency permitted under subsection (t)(2); and''. (b) Frequency of Coverage.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended by adding at the end the following new subsection: ``(t) Coverage of Screening Mammography.-- ``(1) Definition.--The term `screening mammography' means a radiologic procedure provided to a woman for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure. ``(2) Frequency covered.-- ``(A) In general.--Subject to revision by the Secretary under subparagraph (B)-- ``(i) Medical assistance is not required to be made under this title for screening mammography performed on a woman under 35 years of age. ``(ii) Medical assistance is available under this title for only 1 screening mammography performed on a woman over 34 years of age, but under 40 years of age. ``(iii) In the case of a woman over 39 years of age, but under 50 years of age, who-- ``(I) is at a high risk of developing breast cancer (as determined pursuant to factors identified by the Secretary), medical assistance is not required to be made available under this title for a screening mammography performed within 11 months of a previous screening mammography, or ``(II) is not at a high risk of developing breast cancer, medical assistance is not required to be made available under this title for a screening mammography performed within 23 months of a previous screening mammography. ``(iv) In the case of a woman over 49 years of age, medical assistance is not required to be made available under this title for screening mammography performed within 11 months of a previous screening mammography. ``(B) Revision of frequency.-- ``(i) Review.--The Secretary, in consultation with the Director of the National Cancer Institute, shall review periodically appropriate frequency for performing screening mammography, based on age and such other factors as the Secretary believes to be pertinent. ``(ii) Revision of frequency.--The Secretary, taking into consideration the review made under clause (i), may revise from time to time the frequency with which medical assistance is required to be made available under this title, but no such revision shall apply to screening mammography performed before January 1, 1993.''. (c) Conforming Amendments.--(1) Section 1902(a)(10(A) of such Act (42 U.S.C. 1396a(a)(10)(A)) is amended by striking ``(17) and (21)'' and inserting ``(17), (21) and (24)''. (2) Section 1902(a)(10)(C)(iv) (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended-- (A) by striking ``(5) and (17)'' and inserting ``(5), (17), and (24)''; and (B) by striking ``through (21)'' and inserting ``through (24)''. (3) Section 1902(j) (42 U.S.C. 1396a(j)) is amended by striking ``through (22)'' and inserting ``through (24)''. (4) Sections 1916(a)(2)(D) and 1916(b)(2)(D) (42 U.S.C. 1396o(a)(2)(D), 1396o(b)(2)(D)) are each amended by inserting ``services described in section 1905(a)(24)'' before ``family planning services''. (d) Effective Date.--(1) Except as provided in paragraph (2), the amendments made by subsections (a), (b), and (c) shall apply to screening mammography performed on or after January 1, 1994, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) In the case of a State plan for medical assistance under title XIX 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 requirement imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Medicaid Mammography Coverage Act of 1993 - Amends title XIX (Medicaid) of the Social Security Act to provide Medicaid coverage of screening mammographies for women age 35 and older. Varies the permissible frequency of such covered tests on the basis of a woman's age and her risk of developing breast cancer. Directs the Secretary to periodically review and revise permissible frequencies of such tests.

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SECTION 1. SUSPENSION OF DUTY ON CERTAIN MANUFACTURING EQUIPMENT. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking headings 9902.84.81, 9902.98.83, 9902.84.85, 9902.84.87, 9902.84.89, and 9902.84.91, and insert in numerical sequence the following new headings: `` 9902.84.81 Shearing machines Free No change No change On or before 12/ used to cut 31/2005 metallic tissue certified for use in production of radial tires designed for off- the-highway use with a rim measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8462.31.00 or subheading 8466.94.85)...... 9902.84.83 Machine tools for Free No change No change On or before 12/ working wire of 31/2005 iron or steel certified for use in production of radial tires, designed for off- the-highway use, and for use on a rim measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8463.00)......... 9902.84.85 Extruders to be Free No change No change On or before 12/ used in 31/2005 production or radial tires designed for off- the-highway use with a rim measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8477.20.00 or subheading 8477.90.85)...... 9902.84.87 Machinery for Free No change No change On or before 12/ molding, 31/2005 retreading, or otherwise forming uncured, unvulcanized rubber to be used in production of radial tires designed for off- the-highway use, with measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8477.51.00 or subheading 8477.90.85)...... 9902.84.89 Sector mold press Free No change No change On or before 12/ machines to be 31/2005 used in production of radial tires designed for off- the-highway use with a rim measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8477.51.00 or subheading 7477.90.85)...... 9902.84.91 Sawing machines Free No change No change On or before 12/ certified for use 31/2005 '' in production of . radial tires designed for off- the-highway use with a rim measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8465.91.00 or subheading 8466.92.50)...... (b) Effective Date.--The amendments made by subsection (a) apply to goods entered, or withdrawn from warehouse for consumption, on and after the date that is 15 days after the date of enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2005, the duty on certain tire manufacturing equipment.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``EPSCoR Research and Competitiveness Act of 2006''. SEC. 2. FINDINGS. The Congress finds the following: (1) Ensuring regional diversity in research funding is an essential strategy in strengthening international competitiveness. (2) Economic development in high technology fields is often advanced by industrial partnerships with near by strong research institutions from which companies can acquire intellectual property, highly trained staff, and vital resources. (3) The National Science Foundation is an independent Federal agency created by Congress in 1950 ``to promote the progress of science; to advance the national health, prosperity and welfare, and to secure the national defense''. (4) Congress has subsequently directed that, ``it shall be an objective of the Foundation to strengthen research and education in the sciences and engineering, including independent research by individuals, throughout the United States, and to avoid undue concentration of such research and education''. (5) Currently, Foundation research investments are concentrated in a small number of States. In contrast, 25 other States together receive less than 10 percent of the Foundation's research funding, yet these States are home to 20 percent of the population, 25 percent of doctoral/research universities, and 18 percent of academic scientists and engineers. (6) Insufficient research infrastructure diminishes the ability of many universities to compete effectively for research funding, and thereby limits their contributions to regional economic development and international competitiveness. (7) The Foundation's Experimental Program to Stimulate Competitive Research, or EPSCoR, is the primary program by which the Foundation seeks to improve the research infrastructure of institutions in States that presently receive small portions of Foundation funding. EPSCoR is thus an important component of national efforts to increase innovation and improve competitiveness. SEC. 3. FUNDING. There are authorized to be appropriated to the Foundation for EPSCoR-- (1) $125,000,000 for fiscal year 2007; and (2) for each of fiscal years 2008 through 2011, an amount equal to the sum of-- (A) $125,000,000; and (B) $125,000,000 multiplied by a percentage equal to the percentage by which the Foundation's budget request for such fiscal year exceeds the total amount appropriated to the Foundation for fiscal year 2007. SEC. 4. RESEARCH INFRASTRUCTURE IMPROVEMENT GRANTS. (a) In General.--In the administration of the Foundation's research infrastructure improvement grant program, the Director shall authorize States participating in the grant program to include partnerships with out-of-State research institutions if the amount of funding transferred to another State does not exceed 5 percent of the amount of the grant in any fiscal year. (b) Authorization Level.--From amounts appropriated pursuant to section 3, the Director shall make available to the research infrastructure improvement grant program-- (1) $65,000,000 for fiscal year 2007; and (2) for each of fiscal years 2008 through 2011, an amount equal to the sum of-- (A) $75,000,000; and (B) $75,000,000 multiplied by a percentage equal to the percentage by which the Foundation's budget request for such fiscal year exceeds the total amount appropriated to the Foundation for fiscal year 2007. SEC. 5. CO-FUNDING. (a) In General.--For each of fiscal years 2007 through 2011, the Director shall obligate and expend not less than 20 percent of the amount available for EPSCoR on co-funding projects that are ranked, by a peer-review process, in the top 20 percent of all proposals submitted in response to an announced competition. (b) Annual Report.--The Director shall submit an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science that provides information about-- (1) co-funded projects on a State-by-State basis for the preceding year; and (2) the amount and use of co-funding by each of the Foundation's directorates for that year. SEC. 6. CYBER INFRASTRUCTURE. Within 180 days after the date of enactment of this Act, the Director, through the Office of Cyber Infrastructure, shall develop and publish a plan enabling States participating in EPSCoR to participate fully in the Foundation's Cyber Infrastructure Initiative. SEC. 7. MAJOR RESEARCH INSTRUMENTATION. Within 180 days after the date of enactment of this Act, the Director, through the Office of Major Research Instrumentation, shall develop and publish a plan enabling States participating in EPSCoR to develop partnerships and participate fully in the Foundation's major research instrumentation program. SEC. 8. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) EPSCoR.--The term ``EPSCoR'' means the Experimental Program to Stimulate Competitive Research authorized by section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g). (3) Foundation.--The term ``Foundation'' means the National Science Foundation.D23/

EPSCoR Research and Competitiveness Act of 2006 - Authorizes appropriations for FY2007-FY2011 to the National Science Foundation (NSF) for the Experimental Program to Stimulate Competitive Research (EPSCoR). Requires the Director of the NSF: (1) in the administration of the NSF's research infrastructure improvement grant program, to authorize states participating in the grant program to include partnership with out-of-state research institutions if the amount of funding transferred to another state does not exceed 5% of the amount of the grant in any fiscal year; and (2) from the amounts appropriated pursuant to this Act, to make available specified amounts for FY2007-FY2011 to such grant program. Requires the Director to obligate and spend not less than 20% of the amount available for EPSCoR on co-funding projects that are ranked by a peer-review process in the top 20% of all proposals submitted in response to an announced competition. Requires the submission of annual reports providing information concerning: (1) co-funded projects on a state-by-state basis; and (2) the amount and use of co-funding by each of the NSF's directorates. Requires the Director: (1) through the Office of Cyber Infrastructure, to develop and publish a plan enabling states participating in EPSCoR to develop partnerships and participate fully in the NSF's Cyber Infrastructure Initiative; and (2) through the Office of Major Research Instrumentation, to develop and publish a plan enabling states participating in EPSCoR to develop partnerships and participate fully in the NSF's major research instrumentation program.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Secure Border Infrastructure Act''. SEC. 2. ESTABLISHMENT OF SAFE AND SECURE BORDER INFRASTRUCTURE GRANTS. The Secretary of Transportation, in consultation with the Secretary of Homeland Security and the governors of the border States, shall establish a grant program, which shall be administered by the Secretary of Transportation and the Administrator of General Services, to construct transportation and supporting infrastructure improvements at existing and new international border crossings to facilitate the safe, secure, and efficient cross-border movement of motor vehicles, non- motor vehicles, cargo, and individuals, including pedestrians. SEC. 3. ELIGIBILITY. The projects eligible to receive a grant under this Act shall include-- (1) highway or bridge projects eligible under title 23, United States Code; (2) public transportation projects eligible under chapter 53 of title 49, United States Code; (3) demonstration and pilot projects related to innovative cross border systems management; and (4) passenger and freight rail transportation projects. SEC. 4. APPLICATIONS. To be eligible to receive a grant under this Act, a State or metropolitan planning organization located in a border region shall submit to the Secretary of Transportation an application that demonstrates-- (1) an established master plan for border infrastructure investments that demonstrates awareness of the relevant border stakeholder interests at the Federal, State, and regional level; (2) that receipt of the grant applied for under this Act would complete an overall financing package; (3) the ability to provide a non-Federal match of 50 percent of the total cost of the project; (4) the satisfaction of all Federal and State environmental requirements prior to the submission of the application for the grant; and (5) a plan to obligate any funds received under this Act by the end of the fiscal year following the year in which those funds are awarded. SEC. 5. PRIMARY SELECTION CRITERIA. In awarding a grant under this Act, the Secretary of Transportation, in consultation with the Administrator of General Services, shall give priority to projects that accomplish one or more of the following objectives: (1) Improve the safety and security at facilities in the United States, including ports of entry. (2) Facilitate safe, secure, and legal trade crossings of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians, to alleviate border congestion and reduce the economic effect of border wait times and delays. (3) Implement innovative technologies that enhance safety, security, or efficiency at the border. (4) Coordinate a system of projects that improve security and systems efficiencies at ports of entry. (5) Facilitate economic development strategies with respect to safety and security. (6) Implement congestion relief and air quality management strategies to improve the environment. SEC. 6. APPORTIONMENT OF FUNDS. Of the amounts appropriated to carry out this Act, the Secretary of Transportation, in consultation with the Administrator of General Services, shall apportion such amounts as follows: (1) 20 percent in the ratio that---- (A) the total number of incoming commercial trucks that pass through land border ports of entry within the boundaries of an eligible State; bears to (B) the total number of incoming commercial trucks that pass through land border ports of entry within the boundaries of all eligible border States. (2) 30 percent in the ratio that-- (A) the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of an eligible State; bears to (B) the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of all eligible border States. (3) 25 percent in the ratio that-- (A) the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of an eligible State; bears to (B) the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of all eligible border States. (4) 25 percent of the ratio that-- (A) the total number of land border ports of entry within the boundaries of an eligible State; bears to (B) the total number of land border ports of entry within the boundaries of all eligible border States. SEC. 7. DEFINITIONS. In this Act-- (1) the term ``border region'' means any portion of a border State within 10 miles of an international land border with Canada or Mexico; (2) the term ``border State'' means any State that has an international land border with Canada or Mexico; (3) the term ``commercial truck'' means a commercial vehicle as defined in section 31301(4) (other than subparagraph (B)) of title 49, United States Code; (4) the term ``motor vehicle'' has the meaning such term has under Section 154(a)(2) of title 23, United States Code; and (5) the term ``State'' has the meaning such term has in section 101(a)(25) of title 23.

Safe and Secure Border Infrastructure Act - Directs the Secretary of Transportation (DOT) to establish a safe and secure border infrastructure grant program, administered jointly by the Secretary and the Administrator of General Services (GSA), to construct transportation infrastructure improvements at existing and new international border crossings for the safe, secure, and efficient cross-border movement of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians. Requires the Secretary to award grants to metropolitan planning organizations (MPOs) located along the international border with Canada and Mexico, giving priority to projects that accomplish one or more of the following: (1) improve the safety and security at U.S. facilities, including ports of entry; (2) facilitate safe, secure, and legal trade crossings of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians, to alleviate border congestion and reduce the economic effect of border wait times and delays; (3) implement innovative technologies that enhance safety, security, or efficiency at the border; (4) coordinate projects that improve security and systems efficiencies at ports of entry; (5) facilitate economic development strategies with respect to safety and security; and (6) implement congestion relief and air quality management strategies to improve the environment. Specifies allocations of any funds appropriated to carry out this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``American Dream Tax Fairness Equity Act of 1997''. SEC. 2. REDUCTION OF MAXIMUM CAPITAL GAINS RATE FOR INDIVIDUALS TO 15 PERCENT WITH RESPECT TO ASSETS HELD FOR MORE THAN 3 YEARS. (a) In General.--Subsection (h) of section 1 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended to read as follows: ``(h) Maximum Capital Gains Rate.-- ``(1) In general.--If a taxpayer has a net capital gain for any taxable year, then the tax imposed by this section shall not exceed the sum of-- ``(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on the greater of-- ``(i) taxable income reduced by the amount of the net capital gain, or ``(ii) the amount of taxable income taxed at a rate below 28 percent, ``(B) 15 percent of qualified 3-year capital gain (to the extent not taken into account under subparagraph (A)), and ``(C) 28 percent of the excess (if any) of taxable income over the amounts taken into account under subparagraphs (A) and (B). ``(2) Qualified 3-year capital gain.--For purposes of this subsection, the term `qualified 3-year capital gain' means the lesser of-- ``(A) net long-term capital gain for the taxable year, determined by substituting `held for more than 3 years' for `held for more than 1 year' in paragraphs (3) and (4) of section 1222, or ``(B) net capital gain for such taxable year. ``(3) Coordination with investment income election.--For purposes of this subsection, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer elects to take into account as investment income for the taxable year under section 163(d)(4)(B)(iii).'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 2. REPLACEMENT OF ESTATE AND GIFT TAX RATE SCHEDULES. (a) Estate Tax Rate Schedule Replaced by 15 and 28 Percent Tax Rates.-- (1) In general.--Subsection (b) of section 2001 of the Internal Revenue Code of 1986 (relating to imposition and rate of tax) is amended to read as follows: ``(b) Computation of Tax.--The amount imposed by this section shall be-- ``(1) 15 percent of all qualified 3-year capital gain (within the meaning of section 1(h)) included in the taxable estate, and ``(2) 28 percent of all capital gain (other than such qualified 3-year capital gain) included in the taxable estate, determined as if all property included in the taxable estate had been sold for its fair market value on the date of the decedent's death (or the date applicable with respect to the valuation of such property under section 2032, if any).'' (2) Repeal of rate schedule.--Section 2001 of such Code is amended by striking subsection (c). (3) Conforming amendments.--Section 2001 of such Code is amended by striking subsections (d) and (e). (b) Reduction of Gift Tax.--Subsection (a) of section 2502 of such Code is amended to read as follows: ``(a) Computation of Tax.--The tax imposed by section 2501 for each calendar year shall be-- ``(1) 15 percent of all qualified 3-year capital gain (as defined in section 1(h)) contained in the taxable gifts made during such year, and ``(2) 28 percent of all capital gain (other than such qualified 3-year capital gain) contained in such taxable gifts, determined, with respect to each such gift, as if all property contained in such gift had been sold by the grantor for its fair market value on the date of such gift.'' (c) Unified Credit Against Estate and Gift Taxes.-- (1) Unified credit against estate tax.--Subsection (a) of section 2010 of such Code (relating to unified credit against estate tax) is amended to read as follows: ``(a) Allowance of credit.-- ``(1) General rule.--A credit of the amount determined under paragraph (2) shall be allowed to the estate of every decedent against the tax imposed by section 2001. ``(2) Amount of credit.--The amount determined under this paragraph is the amount equal to the sum of-- ``(A) the tax imposed under section 2001(b)(2) (to the extent that such tax is imposed on so much of the imputed capital gains amount as does not exceed $600,000), and ``(B) the tax imposed under section 2001(b)(1) on the excess (if any) of-- ``(i) so much of the imputed capital gains amount as does not exceed $600,000, over ``(ii) the portion of the imputed capital gains amount taken into account under subparagraph (A). ``(3) Imputed capital gains amount.--For purposes of this subsection, the term `imputed capital gains amount' means the aggregate amount to which the rates of section 2001(b) apply. ``(4) Coordination with unified credit used to reduce gift tax.-- ``(A) In general.--The $600,000 amounts referred to in subparagraphs (A) and (B)(i) of paragraph (2) shall each be reduced by the cumulative gift tax credit amount. ``(B) Cumulative gift tax credit amount.--For purposes of this paragraph, the term `cumulative gift tax credit amount' means the sum of the capital gains gift amounts (as defined in section 2505(a)(3)) with respect to which a credit was allowed under section 2505 (relating to unified credit against gift tax), determined by not taking into account any gift included in the taxable estate.'' (2) Unified credit against gift tax.--Subsection (a) of section 2505 of such Code (relating to unified credit against gift tax) is amended to read as follows:- ``(a) Allowance of Credit.-- ``(1) General rule.--In the case of a citizen or resident of the United States, there shall be allowed as a credit against the tax imposed by section 2501 for each calendar year an amount equal to-- ``(A) the amount determined under paragraph (2), reduced by-- ``(B) the sum of the amounts allowable as a credit to the individual under this section for all preceding calendar periods with respect to gifts made before the gift tax change date, as determined under paragraph (4). ``(2) Amount.--The amount determined under this paragraph is the amount equal to the sum of-- ``(A) the tax imposed under section 2502(a)(2) for the year on the capital gains gift amount, and ``(B) the tax imposed under section 2502(a)(1) for the year on the excess (if any) of-- ``(i) the capital gains gift amount for the year, over ``(ii) the portion of such capital gains gift amount taken into account under subparagraph (A). ``(3) Capital gains gift amount.--For purposes of this subsection, the term `capital gains gift amount' means, for any year, the amount to which the rates of section 2502(b) apply with respect to such year, but not more than the excess (if any) of-- ``(A) $600,000, over ``(B) the sum of the capital gains gift amounts for all preceding years (determined without taking into account any gift made before the date of the enactment of this paragraph). ``(4) Gifts made before gift tax change date.-- ``(A) In general.--For purposes of paragraph (1)(B), the amount allowable as a credit to an individual under this section for a preceding calendar period with respect to any gift made before the gift tax change date shall be the amount which would have been allowable to the individual as a credit under this section with respect to such gift-- ``(i) if this section and section 2001(b), as in effect on the day after the date of the enactment of this paragraph, had been in effect for the year of such gift and all preceding calendar periods, and ``(ii) without regard to the parenthetical contained in paragraph (3)(B). ``(B) Gift made before gift tax change date.--For purposes of this section, the term `gift made before gift tax change date' means a gift made before the date of the enactment of this paragraph (other than a gift taken into account under subsection (b)).'' (3) Conforming amendment.--Subsection (b) of section 2502 of such Code is amended by adding at the end the following new flush sentence: ``In connection with the gift tax imposed by this chapter for the calendar year in which this sentence is enacted with respect to gifts made on or after the date of such enactment, the term `preceding calendar period' shall include the portion of such calendar year which precedes such date of enactment.'' (d) Estates of Nonresident Aliens.-- (1) Rate change.-- (A) In general.--Subsection (b) of section 2101 of such Code (relating to tax imposed on estates of nonresident aliens) is amended to read as follows: ``(b) Computation of Tax.--The tax imposed by this section shall be the amount equal to the tax computed under section 2001(b) (determined as if section 2001 applied to the decedent).'' (B) Conforming amendment.--Section 2101 of such Code is amended by striking subsection (c). (2) Credits against tax.--Section 2102 of such Code (relating to credits against estate tax for nonresidents not citizens) is amended by adding at the end the following new subsection: ``(d) Adjustment of Amounts To Reflect Unified Credit Changes.--The Secretary shall by regulation adjust the dollar amounts provided in this section to reflect, in a proportionate manner, the changes made to sections 2010 and 2505 on the date of the enactment of this subsection.'' (e) Effective Date.--The amendments made by this section shall apply to estates of decedents dying on or after, and gifts made on or after, the date of the enactment of this Act. SEC. 3. TAX ON TRUSTS WHEN GRANTOR DIES. (a) In General.--Subpart A of part I of subchapter J of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 646. ASSETS MARKED TO MARKET WHEN GRANTOR DIES. ``(a) In General.--For purposes of this title, on the death of any individual who has contributed property to a trust-- ``(1) the trust shall recognize gain or loss as if all property so contributed by the decedent which is contained in the trust were sold for its fair market value on the date of such death, ``(2) such gain or loss shall be taken into account for the taxable year of the trust in which such death occurs, and ``(3) proper adjustment shall be made in the amount of any gain or loss subsequently realized for gain or loss taken into account under paragraph (2). ``(b) Property Contributed by Partnership or Corporation.--For purposes of this section, the Secretary may by regulations provide that property contributed to a trust by a partnership or corporation shall be treated as contributed by the individual having a greater than 50 percent interest in such partnership or owning more than 50 percent of the stock of such corporation. For purposes of this subsection, rules similar to the rules of section 318 (relating to constructive ownership of stock) shall apply. ``(c) Proportionate Application.--If any property was contributed to a trust partially by the decedent and partially by another person, the portion of such property so contributed by the decedent shall be treated as a separate asset for purposes of this title and subsection (a) shall apply to such portion. ``(d) Coordination With Inclusion in Taxable Estate.--This section shall not apply to the portion of any trust which is included in the taxable estate of any individual.'' (b) Clerical Amendment.--The table of sections for subpart A of part I of subchapter J of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 646. Assets marked to market when grantor dies.'' (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to decedents dying on or after the date of the enactment of this Act. (2) Trusts containing property contributed by decedents dying before date of enactment.--For purposes of section 646 of the Internal Revenue Code of 1986 (as added by subsection (b)), any individual dying before the date of the enactment of this Act shall be treated as dying on the date of the enactment of this Act.

American Dream Tax Fairness Equity Act of 1997 - Amends the Internal Revenue Code to reduce the three-year capital gains rate to 15 percent. Revises provisions regulating the computation of estate and gift taxes and credits, basing the taxes and credits on capital gains. Requires a trust, on the death of any individual who contributed property to the trust, to recognize gain or loss as if that property was sold for its fair market value on the death date. Provides for the treatment of contributions by partnerships or corporations.

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SECTION 1. TEACHERS PROFESSIONAL DEVELOPMENT INSTITUTES. (a) In General.--Part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following: ``Subpart 6--Teachers Professional Development Institutes ``SEC. 2161. SHORT TITLE. ``This subpart may be cited as the `Teachers Professional Development Institutes Act'. ``SEC. 2162. FINDINGS AND PURPOSE. ``(a) Findings.--Congress makes the following findings: ``(1) Teaching is central to the educational process and the ongoing professional development of teachers in the subjects they teach is essential for improved student learning. ``(2) Attaining the goal of the No Child Left Behind Act of 2001 (Public Law 107-110)--having a classroom teacher who is highly effective in every academic subject the teacher teaches--will require innovative approaches to improve the effectiveness of teachers in the classroom. ``(3) The Teachers Institute Model focuses on the continuing academic preparation of schoolteachers and the application of what the teachers study to their classrooms and potentially to the classrooms of other teachers. ``(4) The Teachers Institute Model was developed initially by the Yale-New Haven Teachers Institute and has successfully operated in New Haven, Connecticut, for more than 30 years. ``(5) The Teachers Institute Model has also been successfully implemented in cities larger than New Haven. ``(6) In the spring of 2009, a report entitled `An Evaluation of Teachers Institute Experiences' concluded that-- ``(A) Teachers Institutes enhance precisely those teacher qualities known to improve student achievement; ``(B) Teachers Institutes exemplify the crucial characteristics of high-quality teacher professional development; and ``(C) Teachers Institute participation is strongly related to teacher retention in high-poverty schools. ``(b) Purpose.--The purpose of this subpart is to provide Federal assistance to support the establishment and operation of Teachers Institutes for local educational agencies that serve significant low- income student populations in States throughout the Nation, in order to-- ``(1) improve student learning; and ``(2) enhance the quality and effectiveness of teaching and strengthen the subject matter mastery and the pedagogical skills of current teachers through continuing teacher preparation. ``SEC. 2163. DEFINITIONS. ``In this subpart: ``(1) Significant low-income student population.--The term `significant low-income student population' means a student population of which not less than 40 percent of the students included are eligible for free or reduced-price lunches under the Richard B. Russell National School Lunch Act. ``(2) Teachers institute.--The term `Teachers Institute' means a partnership or joint venture-- ``(A) between or among-- ``(i) 1 or more institutions of higher education; and ``(ii) 1 or more local educational agencies that serve 1 or more schools with significant low-income student populations; and ``(B) that improves the effectiveness of teachers in the classroom, and the quality of teaching and learning, through collaborative seminars designed to enhance both the subject matter and the pedagogical resources of the seminar participants. ``SEC. 2164. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to award grants under this subpart in order to encourage the establishment and operation of Teachers Institutes. ``(b) Technical Assistance.--The Secretary may reserve not more than 50 percent of the funds appropriated to carry out this subpart to provide technical assistance to facilitate the establishment and operation of Teachers Institutes. The Secretary may contract with the Yale-New Haven Teachers Institute to provide all or part of the technical assistance under this subsection. ``(c) Selection Criteria.--In selecting Teachers Institutes to support through grants under this subpart, the Secretary shall consider-- ``(1) the extent to which a proposed Teachers Institute will serve schools that have significant low-income student populations; ``(2) the extent to which a proposed Teachers Institute will follow the understandings and necessary procedures described in section 2166; ``(3) the extent to which each local educational agency participating in the Teachers Institute has a high percentage of teachers who are unprepared or underprepared to teach the core academic subjects the teachers are assigned to teach; and ``(4) the extent to which a proposed Teachers Institute will receive a level of support from the community and other sources that will ensure the requisite long-term commitment for the success of a Teachers Institute. ``(d) Consultation.-- ``(1) In general.--In evaluating applications using the criteria under subsection (c), the Secretary may request the advice and assistance of the Yale-New Haven Teachers Institute or other Teachers Institutes. ``(2) State agencies.--If the Secretary receives 2 or more applications for grants under this subpart from local educational agencies within the same State, the Secretary shall consult with the State educational agency regarding the applications. ``(e) Fiscal Agent.--The fiscal agent for the receipt of grant funds under this subpart shall be an institution of higher education participating in the partnership or joint venture, as described in section 2163(2)(A), that is establishing or operating the Teachers Institute. ``(f) Limitations.--A grant under this subpart-- ``(1) shall provide grant funds for a period of not more than 5 years; and ``(2) shall be in an amount that is not more than 50 percent of the total costs of the eligible activities supported under the grant, as determined by the Secretary. ``SEC. 2165. ELIGIBLE ACTIVITIES. ``Grant funds under this subpart may be used-- ``(1) for the planning, development, establishment, and operation of a Teachers Institute; ``(2) for additional assistance to an established Teachers Institute for its further development and for its support of the planning, development, establishment, and operation of a Teachers Institute under paragraph (1); ``(3) for the salary and necessary expenses of a full-time director for a Teachers Institute to plan and manage the Teachers Institute and to act as a liaison between all local educational agencies and institutions of higher education participating in the Teachers Institute; ``(4) to provide suitable office space, staff, equipment, and supplies, and to pay other operating expenses, for the Teachers Institute; ``(5) to provide a stipend for teachers participating in the collaborative seminars conducted by the Institute in the sciences and humanities and to provide remuneration for members of the faculty of the participating institution of higher education leading the seminars; and ``(6) to provide for the dissemination, through print and electronic means, of curriculum units prepared in the seminars conducted by the Teachers Institute. ``SEC. 2166. UNDERSTANDINGS AND PROCEDURES. ``A grantee receiving a grant under this subpart shall abide by the following understandings and procedures: ``(1) Partnership.--The essential relationship of a Teachers Institute is a partnership between a local educational agency and an institution of higher education. A grantee shall demonstrate a long-term commitment on behalf of the participating local educational agency and institution of higher education to the support, including the financial support, of the work of the Teachers Institute. ``(2) Seminars.--A Teachers Institute sponsors seminars led by faculty of the institution of higher education partner and attended by teachers from the local educational agency partner. A grantee shall provide participating teachers the ability to play an essential role in planning, organizing, conducting, and evaluating the seminars and in encouraging the future participation of other teachers. ``(3) Curriculum unit.--A seminar described in paragraph (2) uses a collaborative process, in a collegial environment, to develop a curriculum unit for use by participating teachers that sets forth the subject matter to be presented and the pedagogical strategies to be employed. A grantee shall enable participating teachers to develop a curriculum unit, based on the subject matter presented, for use in the teachers' classrooms. ``(4) Eligibility and remuneration.--Seminars are open to all partnership teachers with teaching assignments relevant to the seminar topics. Seminar leaders receive remuneration for their work and participating teachers receive an honorarium or stipend upon the successful completion of the seminar. A grantee shall provide seminar leaders and participating teachers with remuneration to allow them to participate in the Teachers Institute. ``(5) Direction.--The operations of a Teachers Institute are managed by a full-time director who reports to both partners but is accountable to the institution of higher education partner. A grantee shall appoint a director to manage and coordinate the work of the Teachers Institute. ``(6) Evaluation.--A grantee shall annually review the activities of the Teachers Institute and disseminate the results to members of the Teachers Institute's partnership community. ``SEC. 2167. APPLICATION, APPROVAL, AND AGREEMENT. ``(a) In General.--To receive a grant under this subpart, a Teachers Institute, or a partnership or joint venture described in section 2163(2)(A) that is proposing to establish a Teachers Institute, shall submit an application to the Secretary that-- ``(1) meets the requirement of this subpart and any regulations under this subpart; ``(2) includes a description of how the applicant intends to use funds provided under the grant; ``(3) includes such information as the Secretary may require to apply the criteria described in section 2164(c); ``(4) includes measurable objectives for the use of the funds provided under the grant; and ``(5) contains such other information and assurances as the Secretary may require. ``(b) Approval.--The Secretary shall-- ``(1) promptly evaluate an application received for a grant under this subpart; and ``(2) notify the applicant, within 90 days of the receipt of a completed application, of the Secretary's determination. ``(c) Agreement.--Upon approval of an application, the Secretary and the applicant shall enter into a comprehensive agreement covering the entire period of the grant. ``SEC. 2168. REPORTS AND EVALUATIONS. ``(a) Report.--Each grantee under this subpart shall report annually to the Secretary on the progress of the Teachers Institute in achieving the purpose of this subpart. ``(b) Evaluation and Dissemination.--The Secretary shall evaluate the activities funded under this subpart and submit an annual report regarding the activities assisted under this subpart to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives. The Secretary shall broadly disseminate successful practices developed by Teachers Institutes. ``(c) Revocation.--If the Secretary determines that a grantee is not making substantial progress in meeting the purposes of the grant by the end of the second year of the grant under this subpart, the Secretary may take appropriate action, including revocation of further payments under the grant, to ensure that the funds available under this subpart are used in the most effective manner. ``SEC. 2169. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for grants (including planning grants) and technical assistance under this subpart-- ``(1) $4,000,000 for fiscal year 2011; ``(2) $5,000,000 for fiscal year 2012; ``(3) $6,000,000 for fiscal year 2013; ``(4) $7,000,000 for fiscal year 2014; and ``(5) $8,000,000 for fiscal year 2015.''. (b) Table of Contents.--The table of contents of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2151 the following: ``subpart 6--teachers professional development institutes ``Sec. 2161. Short title. ``Sec. 2162. Findings and purpose. ``Sec. 2163. Definitions. ``Sec. 2164. Program authorized. ``Sec. 2165. Eligible activities. ``Sec. 2166. Understandings and procedures. ``Sec. 2167. Application, approval, and agreement. ``Sec. 2168. Reports and evaluations.''.

Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to: (1) award grants to encourage the establishment and operation of Teachers Institutes; and (2) provide technical assistance, all or some of which may be provided through the Yale-New Haven Teachers Institute, to assist local educational agencies (LEAs) and institutions of higher education (IHEs) in establishing and operating Teachers Institutes. Sets forth selection criteria, including consideration of the extent to which the proposed Institute will serve schools that have a significant low-income population. Defines a Teachers Institute as a partnership or joint venture between one or more IHEs and one or more LEAs serving one or more schools with significant low-income populations that is established to improve the quality of teaching and learning through collaborative seminars.

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5 of the 101st Congress, agreed to on February 22, 1989 (103 Stat. 2533). ``(f) Display To Be in a Manner Visible to the Public.--Display of the POW/MIA flag pursuant to this section shall be in a manner designed to ensure visibility to the public. ``(g) Limitation.--This section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the POW/MIA flag.''. (2) In section 2102(b), strike ``designated personnel'' and substitute ``personnel made available to the Commission''. (3) In section 2501(2), insert ``solicit,'' before ``accept,''. (4)(A) Insert after chapter 201 the following: ``CHAPTER 202--AIR FORCE SERGEANTS ASSOCIATION ``Sec. ``20201. Definition. ``20202. Organization. ``20203. Purposes. ``20204. Membership. ``20205. Governing body. ``20206. Powers. ``20207. Restrictions. ``20208. Duty to maintain corporate and tax-exempt status. ``20209. Records and inspection. ``20210. Service of process. ``20211. Liability for acts of officers and agents. ``20212. Annual report. ``Sec. 20201. Definition ``For purposes of this chapter, `State' includes the District of Columbia and the territories and possessions of the United States. ``Sec. 20202. Organization ``(a) Federal Charter.--Air Force Sergeants Association (in this chapter, the `corporation'), a nonprofit corporation incorporated in the District of Columbia, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires. ``Sec. 20203. Purposes ``(a) General.--The purposes of the corporation are as provided in its bylaws and articles of incorporation and include-- ``(1) helping to maintain a highly dedicated and professional corps of enlisted personnel within the United States Air Force, including the United States Air Force Reserve, and the Air National Guard; ``(2) supporting fair and equitable legislation and Department of the Air Force policies and influencing by lawful means departmental plans, programs, policies, and legislative proposals that affect enlisted personnel of the Regular Air Force, the Air Force Reserve, and the Air National Guard, its retirees, and other veterans of enlisted service in the Air Force; ``(3) actively publicizing the roles of enlisted personnel in the United States Air Force; ``(4) participating in civil and military activities, youth programs, and fundraising campaigns that benefit the United States Air Force; ``(5) providing for the mutual welfare of members of the corporation and their families; ``(6) assisting in recruiting for the United States Air Force; ``(7) assembling together for social activities; ``(8) maintaining an adequate Air Force for our beloved country; ``(9) fostering among the members of the corporation a devotion to fellow airmen; and ``(10) serving the United States and the United States Air Force loyally, and doing all else necessary to uphold and defend the Constitution of the United States. ``(b) Corporate Function.--The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of the District of Columbia. ``Sec. 20204. Membership ``(a) Eligibility.--Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws and articles of incorporation. ``(b) Nondiscrimination.--The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. ``Sec. 20205. Governing body ``(a) Board of Directors.--The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation. ``(b) Officers.--The officers and the election of officers are as provided in the bylaws and articles of incorporation. ``(c) Nondiscrimination.--The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. ``Sec. 20206. Powers ``The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 20207. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors. ``(c) Loans.--The corporation may not make a loan to a director, officer, employee, or member. ``(d) Claim of Governmental Approval or Authority.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. ``Sec. 20208. Duty to maintain corporate and tax-exempt status ``(a) Corporate Status.--The corporation shall maintain its status as a corporation incorporated under the laws of the District of Columbia. ``(b) Tax-Exempt Status.--The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ``Sec. 20209. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and ``(3) at its principal office, a record of the names and addresses of its members entitled to vote. ``(b) Inspection.--A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time. ``Sec. 20210. Service of process ``The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities. ``Sec. 20211. Liability for acts of officers and agents ``The corporation is liable for the acts of its officers and agents acting within the scope of their authority. ``Sec. 20212. Annual report ``The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.''. (B) In the table of chapters at the beginning of subtitle II, insert after the item related to chapter 201: ``202. AIR FORCE SERGEANTS ASSOCIATION........................ 20201''. (5)(A) Insert after chapter 209 the following: ``CHAPTER 210--AMERICAN GI FORUM OF THE UNITED STATES ``Sec. ``21001. Definition. ``21002. Organization. ``21003. Purposes. ``21004. Membership. ``21005. Governing body. ``21006. Powers. ``21007. Restrictions. ``21008. Duty to maintain corporate and tax-exempt status. ``21009. Records and inspection. ``21010. Service of process. ``21011. Liability for acts of officers and agents. ``21012. Annual report. ``Sec. 21001. Definition ``For purposes of this chapter, `State' includes the District of Columbia and the territories and possessions of the United States. ``Sec. 21002. Organization ``(a) Federal Charter.--American GI Forum of the United States (in this chapter, the `corporation'), a nonprofit corporation incorporated in Texas, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires. ``Sec. 21003. Purposes ``(a) General.--The purposes of the corporation are as provided in its bylaws and articles of incorporation and include-- ``(1) securing the blessing of American democracy at every level of local, State, and national life for all United States citizens; ``(2) upholding and defending the Constitution and the United States flag; ``(3) fostering and perpetuating the principles of American democracy based on religious and political freedom for the individual and equal opportunity for all; ``(4) fostering and enlarging equal educational opportunities, equal economic opportunities, equal justice under the law, and equal political opportunities for all United States citizens, regardless of race, color, religion, sex, or national origin; ``(5) encouraging greater participation of the ethnic minority represented by the corporation in the policy-making and administrative activities of all departments, agencies, and other governmental units of local and State governments and the United States Government; ``(6) combating all practices of a prejudicial or discriminatory nature in local, State, or national life which curtail, hinder, or deny to any United States citizen an equal opportunity to develop full potential as an individual; and ``(7) fostering and promoting the broader knowledge and appreciation by all United States citizens of their cultural heritage and language. ``(b) Corporate Function.--The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of Texas. ``Sec. 21004. Membership ``(a) Eligibility.--Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws and articles of incorporation. ``(b) Nondiscrimination.--The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. ``Sec. 21005. Governing body ``(a) Board of Directors.--The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation. ``(b) Officers.--The officers and the election of officers are as provided in the bylaws and articles of incorporation. ``(c) Nondiscrimination.--The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. ``Sec. 21006. Powers ``The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 21007. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors. ``(c) Loans.--The corporation may not make a loan to a director, officer, employee, or member. ``(d) Claim of Governmental Approval or Authority.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. ``Sec. 21008. Duty to maintain corporate and tax-exempt status ``(a) Corporate Status.--The corporation shall maintain its status as a corporation incorporated under the laws of Texas. ``(b) Tax-Exempt Status.--The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ``Sec. 21009. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and ``(3) at its principal office, a record of the names and addresses of its members entitled to vote. ``(b) Inspection.--A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time. ``Sec. 21010. Service of process ``The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities. ``Sec. 21011. Liability for acts of officers and agents ``The corporation is liable for the acts of its officers and agents acting within the scope of their authority. ``Sec. 21012. Annual report ``The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.''. (B) In the table of chapters at the beginning of subtitle II, insert after the item related to chapter 209: ``210. AMERICAN GI FORUM OF THE UNITED STATES................. 21001''. (6) In section 21703(1)(A)(iv), strike ``December 22, 1961'' and substitute ``February 28, 1961''. (7) In section 70103(b), strike ``the State of''. (8) In section 151303, subsections (f) and (g) are amended to read as follows: ``(f) Status.--Appointment to the board does not constitute appointment as an officer or employee of the United States Government for the purpose of any law of the United States. ``(g) Compensation.--Members of the board serve without compensation. ``(h) Liability.--Members of the board are not personally liable, except for gross negligence.''. (9) In section 151305(b), strike ``the State of''. (10) In section 152903(8), strike ``Corporation'' and substitute ``corporation''. SEC. 2. TECHNICAL AMENDMENTS TO OTHER LAWS. (a) The provisos in the paragraph under the heading ``American Battle Monuments Commission'' in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998 (Public Law 105-65, Oct. 27, 1997, 111 Stat. 1368, 36 App. U.S.C. 121b, 122, and 122a) are repealed. (b) Paragraph (3) of section 198(s) of the National and Community Service Act of 1990 (42 U.S.C. 12653(s)(3)) is repealed. (c) Effective August 12, 1998, Public Law 105-225 (Aug. 12, 1998, 112 Stat. 1253) is amended as follows: (1) Section 4(b) is amended by striking ``2320(d)'' and substituting ``2320(e)''. (2) Section 7(a), and the amendment made by section 7(a), are repealed. SEC. 3. EFFECTIVE DATE. The amendment made by section 1(8) of this Act shall take effect as if included in the provisions of Public Law 105-225, as of the date of enactment of Public Law 105-225. SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION. (a) No Substantive Change.--(1) Section 1 of this Act restates, without substantive change, laws enacted before September 5, 1998, that were replaced by section 1. Section 1 may not be construed as making a substantive change in the laws replaced. (2) Laws enacted after September 4, 1998, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. (b) References.--A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. (c) Continuing Effect.--An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. (d) Actions and Offenses Under Prior Law.--An action taken or an offense committed under a law replaced by this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. (e) Inferences.--An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of a heading of the provision. (f) Severability.--If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision enacted by this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications. SEC. 5. REPEALS. (a) Inferences of Repeal.--The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal. (b) Repealer Schedule.--The laws specified in the following schedule are repealed, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the date of enactment of this Act: Schedule of Laws Repealed Statutes at Large ---------------------------------------------------------------------------------------------------------------- Statutes at Large U.S. Code Date Chapter or Public Section ----------------------------------------------------- Law Volume Page Title Section ---------------------------------------------------------------------------------------------------------------- 1997 Nov. 18 105-85.............. 1082, 1501-1516.... 111 1917, 1963......... 36 App. 189a, 1101, 5801-5815 Nov. 20 105-110............. ................... 111 2270............... 36 App. 45 1998 Aug. 7 105-220............. 413................ 112 1241............... 36 App. 155b Aug. 13 105-231............. 1-16............... 112 1530............... 36 App. 1101, 5901- 5915 ---------------------------------------------------------------------------------------------------------------- Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends title 36, United States Code to: (1) codify specified Federal laws related to Patriotic and National Observances, Ceremonies, and Organizations; and (2) make technical corrections to, or repeal, certain Federal laws.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA Multifamily Housing Loan Limit Improvement Act''. SEC. 2. INDEXING OF MULTIFAMILY MORTGAGE LIMITS. (a) Section 207 Limits.--Section 207(c)(3) of the National Housing Act (12 U.S.C. 1713(c)(3)) is amended-- (1) by striking ``11,250'' and inserting ``$17,460''; (2) by inserting before ``; and except that'' the following: ``; except that the Secretary shall adjust each such dollar amount limitation set forth in this paragraph (as such limitation may have been previously adjusted pursuant to this paragraph) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12-month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce''; and (3) by inserting after ``foregoing dollar amount limitations contained in this paragraph'' the following: ``(as such limitations may have been previously adjusted pursuant to this paragraph)''. (b) Section 213 Limits.--Section 213(b)(2) of the National Housing Act (12 U.S.C. 1715e(b)(2)) is amended-- (1) by striking ``$38,025'', ``$42,120'', ``$50,310'', ``$62,010'', and ``$70,200'', and inserting ``$41,207'', ``$47,511'', ``$57,300'', ``$73,343'', and ``$81,708'', respectively; (2) by striking ``$49,140'', ``$60,255'', ``$75,465'', and ``$85,328'', and inserting ``$49,710'', ``$60,446'', ``$78,197'', and ``$85,836'', respectively; (3) by inserting after the colon at the end of the first proviso the following: ``Provided further, That the Secretary shall adjust each such dollar amount limitation set forth in this paragraph (as such limitation may have been previously adjusted pursuant to this paragraph) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12-month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce:''; and (4) by inserting after ``foregoing dollar amount limitations contained in this paragraph'' the following: ``(as such limitations may have been previously adjusted pursuant to this paragraph)''. (c) Section 220 Limits.--Section 220(d)(3)(B)(iii) of the National Housing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended-- (1) by inserting after ``foregoing dollar amount limitations contained in this clause'', the first place such phrase appears, the following: ``(as such limitations may have been previously adjusted pursuant to this clause)''. (2) by inserting after ``Provided,'' the following: ``That the Secretary shall adjust each such dollar amount limitation set forth in this clause (as such limitation may have been previously adjusted pursuant to this clause) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12-month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce: Provided further,''; and (3) by striking ``(as determined after the application of the preceding proviso)'' and inserting ``(as such limitations may have been previously adjusted pursuant to the preceding proviso and as determined after application of any percentage increase authorized in this clause relating to units with 2, 3, 4, or more bedrooms)''. (d) Section 221(d)(3) Limits.--Section 221(d)(3)(ii) of the National Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is amended-- (1) by inserting before ``; and except that'' the following: ``; except that the Secretary shall adjust each such dollar amount limitation set forth in this clause (as such limitation may have been previously adjusted pursuant to this clause) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12- month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce''; and (2) by inserting after ``foregoing dollar amount limitations contained in this clause'' the following: ``(as such limitations may have been previously adjusted pursuant to this clause)''. (e) Section 221(d)(4) Limits.--Section 221(d)(4)(ii) of the National Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is amended-- (1) by inserting before ``; and except that'' the following: ``; except that the Secretary shall adjust each such dollar amount limitation set forth in this clause (as such limitation may have been previously adjusted pursuant to this clause) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12- month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce''; and (2) by inserting after ``foregoing dollar amount limitations contained in this clause'' the following: ``(as such limitations may have been previously adjusted pursuant to this clause)''. (f) Section 231 Limits.--Section 231(c)(2) of the National Housing Act (12 U.S.C. 1715v(c)(2)) is amended-- (1) by inserting before ``; and except that'' the following: ``; except that the Secretary shall adjust each such dollar amount limitation set forth in this paragraph (as such limitation may have been previously adjusted pursuant to this paragraph) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12-month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce''; and (2) by inserting after ``foregoing dollar amount limitations contained in this paragraph'' the following: ``(as such limitations may have been previously adjusted pursuant to this paragraph)''. (g) Section 234 Limits.--Section 234(e)(3) of the National Housing Act (12 U.S.C. 1715y(e)(3)) is amended-- (1) by inserting before ``; except that'' the second place such phrase appears the following: ``; except that the Secretary shall adjust each such dollar amount limitation set forth in this paragraph (as such limitation may have been previously adjusted pursuant to this paragraph) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12-month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce''; (2) by inserting after ``each of the foregoing dollar amounts'' the following: ``(as such amounts may have been previously adjusted pursuant to this paragraph)''; and (3) by inserting after ``foregoing dollar amount limitations contained in this paragraph'' the following: ``(as such limitations may have been previously adjusted pursuant to this paragraph and increased pursuant to the preceding clause)''. SEC. 2. HIGH-COST AREAS. (a) Section 207 Limits.--Section 207(c)(3) of the National Housing Act (12 U.S.C. 1713(c)(3)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (b) Section 213 Limits.--Section 213(b)(2) of the National Housing Act (12 U.S.C. 1715e(b)(2)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (c) Section 220 Limits.--Section 220(d)(3)(B)(iii) of the National Housing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (d) Section 221(d)(3) Limits.--Section 221(d)(3)(ii) of the National Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (e) Section 221(d)(4) Limits.--Section 221(d)(4)(ii) of the National Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (f) Section 231 Limits.--Section 231(c)(2) of the National Housing Act (12 U.S.C. 1715v(c)(2)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (g) Section 234 Limits.--Section 234(e)(3) of the National Housing Act (12 U.S.C. 1715y(e)(3)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''.

FHA Multifamily Housing Loan Limit Improvement Act - Amends the National Housing Act to increase and index to the Bureau of the Census' annual construction cost index multifamily project mortgage loan limits for: (1) rental housing; (2) cooperative housing; (3) rehabilitation and neighborhood conservation housing; (4) housing for moderate income and displaced families; (5) housing for the elderly; and (6) condominiums.Increases loan limits in high-cost areas.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Economic Impact Analysis Act of 2005''. SEC. 2. AGENCY RESTRUCTURING OR TERMINATION OF USE OF FACILITY. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 37 as section 38; and (2) by inserting after section 36 the following: ``SEC. 37. AGENCY RESTRUCTURING OR TERMINATION OF USE OF FACILITY. ``(a) Definitions.--As used in this section, the following definitions apply: ``(1) Agency.--The term `agency' has the meaning given the term in section 551(1) of title 5, United States Code. ``(2) Qualifying termination or restructuring.--The term `qualifying termination or restructuring' means any termination of the use of a facility or restructuring that will result in the net loss of at least 1,000 governmental and nongovernmental jobs in any State. ``(3) Restructuring.--The term `restructuring' means any action by an agency that both reduces and relocates functions and personnel, but does not include a reduction in personnel resulting from workload adjustments, reduced funding levels, or skill imbalances. ``(4) Small governmental jurisdiction.--The term `small governmental jurisdiction' has the meaning given the term in section 601(5) of title 5, United States Code. ``(5) State.--The term `State' means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. ``(b) General Requirement.-- ``(1) Agencies.--An agency may not make a qualified termination or restructuring until after complying with the requirements of subsections (c) through (e). ``(2) Other entities.--An entity that is statutorily authorized to recommend a qualified termination or restructuring may not finalize its recommendation until after complying with the requirements of subsections (c) through (e). ``(c) Economic Analysis.-- ``(1) Economic analysis required.-- ``(A) Agencies.--Prior to making any qualifying termination or restructuring, an agency shall conduct a detailed analysis of the impact on small business concerns and small governmental jurisdictions of the proposed termination or restructuring. ``(B) Other entities.--Prior to recommending a qualifying termination or restructuring, any entity statutorily authorized to make such recommendations shall conduct a detailed analysis of the impact on small business concerns and small governmental jurisdictions of the proposed termination or restructuring. ``(2) Scope of economic analysis.--The analysis required under paragraph (1) shall include-- ``(A) a description of the small business concerns and small governmental jurisdictions that will be affected by the proposed termination or restructuring and an estimate of the number of such small business concerns and small governmental jurisdictions; ``(B) a description of the efforts by the agency or entity to minimize the significant adverse economic impact on small business concerns and small governmental jurisdictions of the proposed termination or restructuring; and ``(C) a description of any alternative termination or restructuring that would reduce the overall impact of the proposed termination or restructuring on small business concerns, together with an explanation of the reasons for not proposing such alternative termination or restructuring. ``(3) Cost-benefit analysis of impact on certain states.-- ``(A) In general.--In conducting the analysis required under paragraph (1), the agency or entity shall also conduct, consistent with the principles stated in Office of Management and Budget Circular A-4 (September 17, 2003), a quantitative cost-benefit analysis of the economic impact upon small business concerns and small governmental jurisdictions of the proposed termination or restructuring in any State where the agency or entity determines the economic impact of such termination or restructuring would exceed $100,000,000. ``(B) Scope of cost-benefit analysis.--In conducting a cost-benefit analysis under subparagraph (A), the agency or entity shall-- ``(i) evaluate and compare the costs and benefits to small business concerns and small governmental jurisdictions of the proposed termination or restructuring, quantifying and expressing in monetized values to the maximum extent possible such costs and benefits; ``(ii) provide clearly stated alternatives to the proposed termination or restructuring; and ``(iii) prepare a summary report of the costs and benefits to small business concerns and small governmental jurisdictions of the termination or restructuring proposed under each such set of alternate proposals. ``(C) Transparency of cost-benefit analysis.-- ``(i) In general.--In conducting a cost- benefit analysis under subparagraph (A) or preparing a summary report under subparagraph (B)(iii), the agency or entity shall take measures to ensure the transparency of such actions, including the bases for making estimates and forming conclusions for purposes of such analysis or report. ``(ii) Required measures.--The measures an agency or entity takes to ensure transparency shall include-- ``(I) incorporating an executive summary; ``(II) detailing the assumptions that were used in the analysis and the discount rates applied to future costs and benefits; ``(III) specifically referencing all sources of data; ``(IV) providing appendices with documentation of any models used; and ``(V) including the results of formal sensitivity and other uncertainty analyses. ``(d) Publication of Economic Analysis.-- ``(1) Draft economic analysis.--Not later than 180 days before taking final action on a qualifying termination or restructuring, an agency or entity shall-- ``(A) publish a draft of its economic analysis under subsection (c) on its website; and ``(B) provide notice of the draft economic analysis in the Federal Register with at least a 60-day period for public comment. ``(2) Final economic analysis.--After due consideration of any comments, the agency or entity shall publish-- ``(A) a final economic analysis on its web site; and ``(B) a notice regarding the final economic analysis in the Federal Register. ``(e) GAO Review.-- ``(1) In general.--After publishing the final economic analysis under subsection (d), an agency or entity shall submit its final economic analysis to the Comptroller General of the United States for review of the analysis. ``(2) Deadline.--Not later than 90 days after receiving a final economic analysis under paragraph (1), the Comptroller General of the United States shall complete an analysis of the submission and publish a report regarding the sufficiency of the analysis. ``(3) Revised economic analysis required upon determination of insufficient analysis.--If the Comptroller General of the United States determines that the final economic analysis is insufficient, the agency or entity shall repeat the procedures required under subsections (c) and (d) and paragraph (1). ``(f) Final Action.--An agency or entity may not take final action on a qualifying termination or restructuring until after receiving a satisfactory review from the Comptroller General of the United States under subsection (e). ``(g) Judicial Review.-- ``(1) In general.--Not later than 90 days after the notice regarding the final economic analysis is published in the Federal Register under subsection (d)(2)(B), any small business concern or small governmental jurisdiction adversely affected or aggrieved by the qualifying termination or restructuring may file a petition for judicial review of the qualifying termination or restructuring with the United States Court of Appeals for the circuit in which the small business concern or small governmental jurisdiction is located. ``(2) Expedited review.--The Court of Appeals shall provide for expedited review of a petition under paragraph (1). ``(3) Scope of review.--Any review under paragraph (1) shall be limited to determining whether-- ``(A) the qualifying termination or restructuring constitutes an agency action that is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; and ``(B) the economic analysis under subsection (c) was insufficient.''. (b) Applicability.--The requirements of section 37 of the Small Business Act, as added by subsection (a), shall apply to any qualifying termination or restructuring (as that term is defined in subsection (a) of such section) for which final action has not occurred as of the date of the enactment of this Act.

Small Business Economic Impact Analysis Act of 2005 - Prohibits an agency from making a qualified termination or restructuring (a termination of the use of a facility or restructuring that will result in the net loss of at least 1,000 jobs in a state) unless it conducts a detailed analysis of the impact on small businesses and small governmental jurisdictions of the proposed termination or restructuring. Requires: (1) a related cost-benefit analysis; and (2) the agency to publish a draft of the analysis at least 180 days before undertaking the termination or restructuring. Directs the: (1) agency to publish a final economic analysis; and (2) Comptroller General to review such final analysis. Prohibits an agency from taking final action on a termination or restructuring until its analysis receives a satisfactory review from the Comptroller General. Authorizes judicial review for any small business or small governmental jurisdiction adversely affected or aggrieved by a qualifying termination or restructuring.

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SECTION 1. SHORT TITLE; COORDINATION WITH TAXPAYER RELIEF ACT OF 1997. (a) Short Title.--This Act may be cited as the ``Higher Education Affordability and Availability Act''. (b) Coordination With Taxpayer Relief Act of 1997.--Any reference in this Act to any section of the Internal Revenue Code of 1986 amended or added by the Taxpayer Relief Act of 1997 shall be a reference to such section as so amended or added. SEC. 2. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM QUALIFIED TUITION PROGRAMS; COVERAGE OF PRIVATE PROGRAMS. (a) Exclusion.-- (1) In general.--Subparagraph (B) of section 529(c)(3) of the Internal Revenue Code of 1986 (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--If a distributee elects the application of this subparagraph for any taxable year-- ``(i) no amount shall be includible in gross income by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense, and ``(ii) the amount which (but for the election) would be includible in gross income by reason of any other distribution shall not be so includible in an amount which bears the same ratio to the amount which would be so includible as the amount of the qualified higher education expenses of the distributee bears to the amount of the distribution.'' (2) Additional tax on amounts not used for higher education expenses.--Section 529 of such Code is amended by adding at the end the following new subsection: ``(f) Additional Tax for Distributions Not Used for Educational Expenses.-- ``(1) In general.--The tax imposed by section 530(d)(4) shall apply to payments and distributions from qualified tuition programs in the same manner as such tax applies to education individual retirement accounts. ``(2) Excess contributions returned before due date of return.--Paragraph (1) shall not apply to the distribution to a contributor of any contribution paid during a taxable year to a qualified tuition program to the extent that such contribution exceeds the limitation in section 4973(e) if such distribution (and the net income with respect to such excess contribution) meets requirements comparable to the requirements of clauses (i) and (ii) of section 530(d)(4)(C).'' (3) Coordination with education credits.--Section 25A(e)(2) of such Code is amended by inserting ``529(c)(3)(B) or'' before ``530(d)(2)''. (4) Effective date.--The amendments made by this subsection shall apply to distributions after December 31, 1997, for education furnished in academic periods beginning after such date. (b) Eligible Educational Institutions Permitted To Maintain Qualified Tuition Programs.-- (1) In general.--Paragraph (1) of section 529(b) of such Code (defining qualified State tuition program) is amended by inserting ``or by one or more eligible educational institutions'' after ``maintained by a State or agency or instrumentality thereof''. (2) Limitation on contributions to qualified tuition programs not maintained by a state.--Subsection (b) of section 529 of such Code is amended by adding at the end the following new paragraph: ``(8) Limitation on contributions to qualified tuition programs not maintained by a state.--In the case of a program not maintained by a State or agency or instrumentality thereof, such program shall not be treated as a qualified tuition program unless it limits the annual contribution to the program on behalf of a designated beneficiary to $5,000.'' (3) Tax on excess contributions.-- (A) In general.--Subsection (a) of section 4973 of such Code is amended by striking ``or'' at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: ``(4) a qualified tuition program (as defined in section 529) not maintained by a State or any agency or instrumentality thereof, or''. (B) Excess contributions defined.--Section 4973(e) of such Code is amended to read as follows: ``(e) Excess Contributions to Private Qualified Tuition Program and Education Individual Retirement Accounts.--For purposes of this section-- ``(1) In general.--In the case of private education investment accounts maintained for the benefit of any 1 beneficiary, the term `excess contributions' means the amount by which the amount contributed for the taxable year to such accounts exceeds $5,000. ``(2) Private education investment account.--For purposes of paragraph (1), the term `private education investment account' means-- ``(A) a qualified tuition program (as defined in section 529) not maintained by a State or any agency or instrumentality thereof, and ``(B) an education individual retirement account (as defined in section 530). ``(3) Special rules.--For purposes of paragraph (1), the following contributions shall not be taken into account: ``(A) Any contribution which is distributed out of the education individual retirement account in a distribution to which section 530(d)(4)(C) applies. ``(B) Any contribution to a qualified tuition program (as so defined) described in section 530(b)(2)(B) from any such account. ``(C) Any rollover contribution.'' (4) Conforming amendments.-- (A) Paragraph (2) of section 26(b) of such Code is amended by redesignating subparagraphs (E) through (Q) as subparagraphs (F) through (R), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) section 529(f) (relating to additional tax on certain distributions from qualified tuition programs),''. (B) The text and headings of sections 529 and 530 of such Code are amended by striking ``qualified State tuition program'' each place it appears and inserting ``qualified tuition program''. (C)(i) The section heading of section 529 of such Code is amended to read as follows: ``SEC. 529. QUALIFIED TUITION PROGRAMS.'' (ii) The item relating to section 529 of such Code in the table of sections for part VIII of subchapter F of chapter 1 is amended by striking ``State''. (5) Effective date.--The amendments made by this subsection shall take effect on January 1, 1998. (c) Change of Qualified Tuition Program or of Designated Beneficiary.-- (1) In general.--Clause (i) of section 529(c)(3)(C) of such Code is amended by inserting ``to another qualified tuition program for the benefit of the designated beneficiary or'' after ``transferred''. (2) Inclusion of siblings as member of family.--Paragraph (e)(2) of section 529(e) of such Code is amended by inserting before the period at the end the following: ``, except that such term shall include any sibling (whether by the whole or half blood) of the designated beneficiary''. (3) Effective date.--The amendments made by this subsection shall take effect on January 1, 1998.

Higher Education Affordability and Availability Act - Amends the Internal Revenue Code (as revised by the Taxpayer Relief Act of 1997) to exclude from income distributions from qualified tuition programs used for qualifying higher education expenses. Includes within the definition of "qualified State tuition program" programs maintained by eligible educational institutions. Requires such non-State programs to limit annual contributions on behalf of a designated beneficiary to $5,000. Sets forth related excess contribution provisions.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Employment Non-Discrimination Act of 1994''. SEC. 2. DISCRIMINATION PROHIBITED. A covered entity, in connection with employment or employment opportunities, shall not-- (1) subject an individual to different standards or treatment on the basis of sexual orientation; (2) discriminate against an individual based on the sexual orientation of persons with whom such individual is believed to associate or to have associated; or (3) otherwise discriminate against an individual on the basis of sexual orientation. SEC. 3. BENEFITS. This Act does not apply to the provision of employee benefits to an individual for the benefit of his or her partner. SEC. 4. NO DISPARATE IMPACT. The fact that an employment practice has a disparate impact, as the term ``disparate impact'' is used in section 703(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual orientation does not establish a prima facie violation of this Act. SEC. 5. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED. (a) Quotas.--A covered entity shall not adopt or implement a quota on the basis of sexual orientation. (b) Preferential Treatment.--A covered entity shall not give preferential treatment to an individual on the basis of sexual orientation. SEC. 6. RELIGIOUS EXEMPTION. (a) In General.--Except as provided in subsection (b), this Act shall not apply to religious organizations. (b) For-Profit Activities.--This Act shall apply to a religious organization's for-profit activities subject to taxation under section 511(a) of the Internal Revenue Code of 1986 as in effect on the date of the enactment of this Act. SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS' PREFERENCES. (a) Armed Forces.--(1) For purposes of this Act, the term ``employment or employment opportunities'' does not apply to the relationship between the United States and members of the Armed Forces. (2) As used in paragraph (1), the term ``Armed Forces'' means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (b) Veterans' Preferences.--This Act does not repeal or modify any Federal, State, territorial, or local law creating special rights or preferences for veterans. SEC. 8. ENFORCEMENT. (a) Enforcement Powers.--With respect to the administration and enforcement of this Act-- (1) the Commission and the Librarian of Congress shall have the same powers, respectively, as the Commission and the Librarian of Congress have to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); (2) the Attorney General of the United States shall have the same powers as the Attorney General has to administer and enforce such title; and (3) the district courts of the United States shall have the same jurisdiction and powers as such courts have to enforce such title and section 309 of the Civil Rights Act of 1991 (2 U.S.C. 1209). (b) Procedures and Remedies.--The procedures and remedies applicable to a claim for a violation of this Act are as follows: (1) For a violation alleged by an individual, other than an individual specified in paragraph (2) or (3), the procedures and remedies applicable to a claim brought by an individual for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) shall apply. (2) For a violation alleged by an employee of the House of Representatives or of an instrumentality of the Congress, the procedures and remedies applicable to a claim by such employee for a violation of section 117 of the Civil Rights Act of 1991 (2 U.S.C. 60l) shall apply. (3) For a violation alleged by a Senate employee, the procedures and remedies applicable to a claim by such employee for a violation of section 302 of the Civil Rights Act of 1991 (2 U.S.C. 1202) shall apply. SEC. 9. STATE AND FEDERAL IMMUNITY. (a) State Immunity.--A State shall not be immune under the eleventh article of amendment to the Constitution of the United States from an action in a Federal court of competent jurisdiction for a violation of this Act. In an action against a State for a violation of this Act, remedies (including remedies at law and in equity) are available for the violation to the same extent as such remedies are available in an action against any public or private entity other than a State. (b) Liability of the United States.--The United States shall be liable for all remedies under this Act to the same extent as a private person and shall be liable to the same extent as a nonpublic party for interest to compensate for delay in payment. SEC. 10. ATTORNEYS' FEES. In any action or administrative proceeding commenced pursuant to this Act, the court or the Commission, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including expert fees and other litigation expenses, and costs. The United States shall be liable for the foregoing the same as a private person. SEC. 11. RETALIATION AND COERCION PROHIBITED. (a) Retaliation.--A covered entity shall not discriminate against an individual because such individual opposed any act or practice prohibited by this Act or because such individual made a charge, assisted, testified, or participated in any manner in an investigation, proceeding, or hearing under this Act. (b) Coercion.--A person shall not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised, enjoyed, assisted, or encouraged the exercise or enjoyment of, any right granted or protected by this Act. SEC. 12. POSTING NOTICES. A covered entity shall post notices for employees, applicants for employment, and members describing the applicable provisions of this Act in the manner prescribed by, and subject to the penalty provided under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 10). SEC. 13. REGULATIONS. The Commission shall have authority to issue regulations to carry out this Act. SEC. 14. RELATIONSHIP TO OTHER LAWS. This Act shall not invalidate or limit the rights, remedies, or procedures available to an individual claiming discrimination prohibited under any other Federal law or any law of a State or political subdivision of a State. SEC. 15. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 16. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act and shall not apply to conduct occurring before such effective date. SEC. 17. DEFINITIONS. As used in this Act: (1) The term ``Commission'' means the Equal Employment Opportunity Commission. (2) The term ``covered entity'' means an employer, employment agency, labor organization, joint labor management committee, an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing authority of the House of Representatives, an employing office of the Senate, or an instrumentality of the Congress. (3) The term ``employer'' has the meaning given such term in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)). (4) The term ``employment agency'' has the meaning given such term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)). (5) The term ``employment or employment opportunities'' includes job application procedures, hiring, advancement, discharge, compensation, job training, or any other term, condition, or privilege of employment. (6) The term ``instrumentalities of the Congress'' has the meaning given such term in section 117(b)(4) of the Civil Rights Act of 1991 (2 U.S.C. 60l(b)(4)). (7) The term ``labor organization'' has the meaning given such term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)). (8) The term ``person'' has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). (9) The term ``religious organization'' means-- (A) a religious corporation, association, or society; or (B) a college, school, university, or other educational institution, not otherwise a religious organization, if-- (i) it is in whole or substantial part controlled, managed, owned, or supported by a religious corporation, association, or society; or (ii) its curriculum is directed toward the propagation of a particular religion. (10) The term ``Senate employee'' has the meaning given such term in section 301(c) of the Civil Rights Act of 1991 (2 U.S.C. 1201(c)). (11) The term ``sexual orientation'' means lesbian, gay, bisexual, or heterosexual orientation, real or perceived, as manifested by identity, acts, statements, or associations. (12) The term ``State'' has the meaning given such term in section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(i)).

Employment Non-Discrimination Act of 1994 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including employing authorities of the House of Representatives, employing offices of the Senate, and instrumentalities of the Congress. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except in their for-profit activities); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State and Federal immunity. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Influenza Vaccine Emergency Act''. SEC. 2. EMERGENCY DISTRIBUTIONS OF INFLUENZA VACCINE. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 319K the following section: ``SEC. 319L. EMERGENCY AUTHORITIES REGARDING SUPPLY OF INFLUENZA VACCINE. ``(a) Contingency Clauses in Sales Contracts.--In entering into a contract for the sale of influenza vaccine in interstate commerce, a manufacturer or distributor of such vaccine shall include in the contract a provision in writing expressing the policy that the sale to the purchaser under the contract is subject to the following conditions: ``(1) If the Secretary publishes in the Federal Register a declaration that there is a public health emergency by reason of a shortage of influenza vaccine, the Secretary has the authority, in lieu of such purchaser, to take title to such quantities of the vaccine as the Secretary determines to be necessary for purposes of the public health, subject to subsection (c)(2). ``(2) If by reason of the Secretary using the authority under paragraph (1) the purchaser does not receive, or loses possession of, a quantity of influenza vaccine for which the purchaser has made payment, the manufacturer or distributor (as the case may be) will provide to the purchaser a refund for such quantity. ``(b) Compensation.--In the case of a contract for the sale of influenza vaccine with respect to which the Secretary uses the authority referred to in subsection (a)(1), the Secretary shall pay to the manufacturer or distributor involved the same amount as, under the contract, the manufacturer or distributor received or would have received for the quantity of vaccine involved. ``(c) Agency Procedures.--With respect to the influenza season involved: ``(1) If the Secretary makes an emergency declaration under subsection (a)(1), the Secretary shall determine the extent of compliance with guidelines for the distribution of influenza vaccine that have been established by the Secretary. ``(2) The Secretary may not use the authority referred to in subsection (a)(1) with respect to any contract unless the Secretary has published in the Federal Register, not earlier than 30 days after making the emergency declaration under such subsection, a determination that the extent of compliance with such guidelines has not been sufficient to constitute an adequate response to the emergency. ``(d) Distribution of Vaccine.--If the Secretary meets the condition described in subsection (c)(2) for the use of the authority referred to in subsection (a)(1): ``(1) The Secretary may, in lieu of such authority, order any manufacturer or distributor of influenza vaccine to honor its contracts with States or political subdivisions of States for the sale of such vaccine, in any case in which the manufacturer or distributor has conflicting obligations under its contracts for sale of the vaccine. ``(2) Any influenza vaccine to which the Secretary takes title under subsection (a)(1) shall be provided-- ``(A) to States and political subdivisions of States in accordance with the immunization program under section 317(j); and ``(B) to such other public or private entities as the Secretary determines to be appropriate as a response to the emergency involved. ``(e) Rules of Construction.-- ``(1) Emergency declaration.--The Secretary shall be considered to have made an emergency declaration under subsection (a)(1) if the Secretary publishes in the Federal Register a declaration described in such subsection. ``(2) Emergency shortage.-- ``(A) Overall quantity vs. delivery waiting time.-- Without regard to whether the Secretary considers as adequate the total quantity of influenza vaccine that has been or is being manufactured for the influenza season involved, the Secretary may make an emergency declaration under subsection (a)(1) if the Secretary determines that the delivery waiting time for States or political subdivisions of States to receive the vaccine for the season is a period whose duration constitutes a significant threat to children, adolescents, or adults who are served by the immunization program under section 317(j). ``(B) Delivery waiting time.--A delivery waiting time under subparagraph (A) for a State or political subdivision of a State to receive influenza vaccine is the time elapsing between the date on which the State or subdivision enters into a contract to purchase such vaccine and the date on which the State or subdivision (or other entity designated under the contract) takes custody of the vaccine, less any period in which payment is due under the contract and the State or subdivision has not made payment, or in which the State or subdivision otherwise is in significant violation of the contract. ``(f) Definitions.--For purposes of this subsection, the terms `influenza season' and `influenza vaccine' have the meanings given such terms by the Secretary.''.

Influenza Vaccine Emergency Act - Amends the Public Health Service Act to require influenza vaccine manufacturers to include a provision in any contract for the sale of the vaccine in interstate commerce expressing the policy that the Secretary of Health and Human Services has the authority to take title to necessary quantities of the vaccine if the Secretary declares a public health emergency by reason of an influenza vaccine shortage, and that the manufacturer will reimburse the purchaser for any vaccine not received. Requires the Secretary to pay the manufacturer or distributor the price the manufacturer or distributor would have received for any vaccine taken. Requires the Secretary to determine the extent of compliance with vaccine distribution guidelines and, before using the authority to take the vaccine, to publish notice that such compliance has not been an adequate response to the emergency. Allows the Secretary, in lieu of taking title to a vaccine, to order any vaccine manufacturer or distributor to honor its contracts with states or political subdivisions. Requires the Secretary to provide any influenza vaccine to states, political subdivisions, and such other public or private entities as appropriate as a response to the emergency. Allows the Secretary to make an emergency declaration if the delivery waiting time for states or political subdivisions to receive the vaccine constitutes a significant threat to children, adolescents, or adults.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Jamestown 400th Anniversary Commemorative Coin Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) the founding of the colony at Jamestown, Virginia in 1607, the first permanent English colony in America, and the capital of Virginia for 92 years, has major significance in the history of the United States; (2) the Jamestown settlement brought people from throughout the Atlantic Basin together to form a multicultural society, including English, other Europeans, Native Americans, and Africans; (3) the economic, political, religious, and social institutions that developed during the first 9 decades of the existence of Jamestown continue to have profound effects on the United States, particularly in English common law and language, cross cultural relationships, manufacturing, and economic structure and status; (4) the National Park Service, the Association for the Preservation of Virginia Antiquities, and the Jamestown- Yorktown Foundation of the Commonwealth of Virginia collectively own and operate significant resources related to the early history of Jamestown; (5) in 2000, Congress established the Jamestown 400th Commemoration Commission to ensure a suitable national observance of the Jamestown 2007 anniversary and to support and facilitate marketing efforts for a commemorative coin, stamp, and related activities for the Jamestown 2007 observances; (6) a commemorative coin will bring national and international attention to the lasting legacy of Jamestown, Virginia; and (7) the proceeds from a surcharge on the sale of such commemorative coin will assist the financing of a suitable national observance in 2007 of the 400th anniversary of the founding of Jamestown, Virginia. SEC. 3. COIN SPECIFICATIONS. (a) $5 Gold Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall issue not more than 100,000 $5 coins, which shall-- (1) weigh 8.359 grams; (2) have a diameter of 0.850 inches; and (3) contain 90 percent gold and 10 percent alloy. (b) $1 Silver Coins.--The Secretary shall issue not more than 500,000 $1 coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1,500 inches; and (3) contain 90 percent silver and 10 percent copper. (c) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (d) Numismatic Items.--For purposes of section 5132(a)(1) of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (e) Sources of Bullion.-- (1) Gold.--The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under section 5116 of title 31, United States Code. (2) Silver.--The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act (50 U.S.C. 98 et seq.). 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 settlement of Jamestown, Virginia, the first permanent English settlement in America. (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 ``2007''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Design Selection.--Subject to subsection (a), the design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the Jamestown 2007 Steering Committee, created by the Jamestown-Yorktown Foundation of the Commonwealth of Virginia; (B) the National Park Service; and (C) the Commission of Fine Arts; 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) 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 period beginning on January 1, 2007, and ending on December 31, 2007. 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 (c) 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) 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. (c) Bulk Sales.--The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount. (d) Surcharge.--All sales of coins minted under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; and (2) $10 per coin for the $1 coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) Recipients.-- (1) In general.--All surcharges received by the Secretary from the sale of coins minted under this Act shall be promptly paid by the Secretary to the recipients listed under paragraphs (2) and (3). (2) Jamestown-yorktown foundation.--The Secretary shall distribute 50 percent of the surcharges described under paragraph (1) to the Jamestown-Yorktown Foundation of the Commonwealth of Virginia, to support programs to promote the understanding of the legacies of Jamestown. (3) Other recipients.-- (A) In general.--The Secretary shall distribute 50 percent of the surcharges described under paragraph (1) to the entities specified under subparagraph (B), in equal shares, for the purposes of-- (i) sustaining the ongoing mission of preserving Jamestown; (ii) enhancing the national and international educational programs; (iii) improving infrastructure and archaeological research activities; and (iv) conducting other programs to support the commemoration of the 400th anniversary of Jamestown. (B) Entities specified.--Entities specified under this subparagraph are-- (i) the Secretary of the Department of the Interior; (ii) the President of the Association for the Preservation of Virginia Antiquities; and (iii) the Chairman of the Jamestown Yorktown Foundation. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the entities specified in subsection (a), as may be related to the expenditure of amounts distributed under subsection (a). SEC. 9. 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, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

Jamestown 400th Anniversary Commemorative Coin Act of 2003 - Directs the Secretary of the Treasury (the Secretary) to mint and issue not more than 100,000 $5 gold coins and 500,000 $1 silver coins, which shall be emblematic of the settlement of Jamestown, Virginia (the first permanent English settlement in America). Prohibits: (1) any provision of law governing procurement or public contracts from being applicable to the procurement of goods and services necessary for carrying out the provisions of this Act; and (2) such general waiver of procurement regulations from relieving any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. Provides for a $35 per coin surcharge for the $5 dollar coins and $10 per coin for the $1 dollar coins. Directs the Secretary to distribute: (1) 50 percent of the surcharges to the Jamestown-Yorktown Foundation of Virginia to support programs to promote the understanding of the legacies of Jamestown; and (2) 50 percent to sustain the ongoing mission of preserving Jamestown, to enhance national and international educational programs, to improve infrastructure and archeological research activities, and to conduct other programs to support the commemoration of the 400th anniversary of the settlement of Jamestown. States that entities specified for such purposes are the Secretary of the Department of the Interior, the President of the Association for the Preservation of Virginia Antiquities, and the Chairman of the Jamestown-Yorktown Foundation. Requires the Secretary to 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 U.S. Government. Prohibits the issuance of a coin 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, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Investment Transparency and Security Act of 2006''. SEC. 2. LIMITS ON FOREIGN CONTROL OF INVESTMENTS IN CERTAIN UNITED STATES CRITICAL INFRASTRUCTURE. (a) In General.--Title II of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) is amended by adding at the end the following: ``Subtitle E--Limits on Foreign Control of Investments in Certain United States Critical Infrastructure ``SEC. 241. DEFINITIONS. ``As used in this subtitle-- ``(1) the term `foreign government controlled entity' means any entity in which a foreign government owns a majority interest, or otherwise controls or manages the entity; and ``(2) the term `general business corporation' means any entity that qualifies for treatment for Federal taxation purposes under subchapter C or subchapter S of the Internal Revenue Code of 1986, established or organized under the laws of any State. ``SEC. 242. LIMITATION ON FOREIGN INVESTMENTS. ``(a) In General.--A foreign government controlled entity may acquire, own, or otherwise control or manage any critical infrastructure of the United States only through the establishment or operation of a foreign owned general business corporation that meets the requirements of subsection (b). ``(b) Requirements.--For purposes of this section, a general business corporation shall-- ``(1) have a board of directors, the majority of which is comprised of United States citizens; ``(2) have a chief security officer who is a United States citizen, responsible for safety and security issues related to the critical infrastructure; and ``(3) maintain all records related to operations, personnel, and security of the United States general business corporation in the United States. ``(c) Rule of Construction.--Nothing in this subtitle may be construed to restrict or otherwise alter the authority of the President or the Committee on Foreign Investment in the United States (or any successor thereto) as the designee of the President, under section 721 of the Defense Production Act of 1950. ``SEC. 243. REGULATIONS REQUIRED. ``Not later than 6 months after the date of enactment of this subtitle, the Secretary, in coordination with the Secretary of the Treasury, shall promulgate final regulations to carry out this subtitle. ``SEC. 244. EFFECTIVE DATE. ``(a) In General.--Section 242 shall apply beginning on the date that is 6 months after the date of enactment of this subtitle. ``(b) Existing Entities.--A foreign government controlled entity that owns or otherwise controls or manages any critical infrastructure of the United States on the effective date of this subtitle shall comply with the requirements of this subtitle not later than 180 days after that effective date.''. (b) Conforming Amendment.--The table of contents under section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by inserting after the item relating to section 237 the following: ``Subtitle E--Limits on Foreign Control of Investments in Certain United States Critical Infrastructure ``Sec. 241. Definitions. ``Sec. 242. Limitation on foreign investments. ``Sec. 243. Regulations required. ``Sec. 244. Effective date.''. SEC. 3. MARITIME SECURITY. (a) Findings.--Congress finds that-- (1) existing scanning processes for maritime containers are insufficient; (2) it should be the goal of the United States to scan 100 percent of inbound maritime containers; and (3) the maritime container inspection system employed in Hong Kong shows promise in enhancing the maritime security capabilities of the United States. (b) Amendments to Homeland Security Act.-- (1) In general.--Subtitle A of title IV of the Homeland Security Act (6 U.S.C. 201 et seq.) is amended by adding at the end the following: ``SEC. 404. REPORT ON SCANNING OF MARITIME CONTAINERS. ``(a) Report to Congress.--Not later than 90 days after the date of enactment of this section, the Secretary shall submit a report to Congress detailing the processes and policies for implementation of a scanning system for 100 percent of the inbound maritime containers described in subsection (a). ``(b) Definition of Container.--The term `container' has the meaning given the term in the International Convention for Safe Containers, with annexes, done at Geneva December 2, 1972 (29 UST 3707).''. (2) Conforming amendment.--The table of contents under section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by inserting after the item relating to section 403 the following: ``Sec. 404. Report on scanning of maritime containers.''.

Foreign Investment Transparency and Security Act of 2006 - Amends the Homeland Security Act of 2002 to provide that a foreign government controlled entity may acquire, own, or otherwise control or manage any critical infrastructure of the United States only through the establishment or operation of a foreign owned general business corporation that meets specified requirements. Requires a majority of the board of directors of such a corporation and its chief security officer to be U.S. citizens. Directs the Secretary of Homeland Security to report to Congress on the processes and policies for implementation of a scanning system for 100% of all inbound maritime containers.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Intercity Passenger Rail Trust Fund Act of 1997''. SEC. 2. INTERCITY PASSENGER RAIL TRUST FUND. (a) Establishment of Trust Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9512. INTERCITY PASSENGER RAIL TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Intercity Passenger Rail Trust Fund', consisting of such amounts as may be transferred or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfer to Intercity Passenger Rail Trust Fund of Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the Intercity Passenger Rail Trust Fund amounts equivalent to the taxes received in the Treasury at the rate of .5 cent for each gallon with respect to which tax is imposed under section 4041 or 4081 after September 30, 1997, and before October 1, 2002, but only to the extent such taxes are not attributable to the Highway Trust Fund financing rate. ``(c) Expenditures From Trust Fund.-- ``(1) In general.--Amounts in the Intercity Passenger Rail Trust Fund shall be available without fiscal year limitation to finance qualified expenses of-- ``(A) the National Railroad Passenger Corporation, and ``(B) each non-Amtrak State, to the extent determined under paragraph (2). ``(2) Maximum amount of funds to non-Amtrak states.--Each non-Amtrak State shall receive under this subsection an amount equal to the lesser of-- ``(A) the State's qualified expenses for the fiscal year, or ``(B) the product of-- ``(i) \1/12\ of 1 percent of the lesser of-- ``(I) the aggregate amounts transferred and credited to the Intercity Passenger Rail Trust Fund under subsection (a) for such fiscal year, or ``(II) the aggregate amounts appropriated from the Intercity Passenger Rail Trust Fund for such fiscal year, and ``(ii) the number of months such State is a non-Amtrak State in such fiscal year. If the amount determined under subparagraph (B) exceeds the amount under subparagraph (A) for any fiscal year, the amount under subparagraph (B) for the following fiscal year shall be increased by the amount of such excess. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified expenses.--The term `qualified expenses' means expenses incurred, with respect to obligations made, after September 30, 1997, and before October 1, 2002-- ``(A) for-- ``(i) in the case of the National Railroad Passenger Corporation, the acquisition of equipment, rolling stock, and other capital improvements, the upgrading of maintenance facilities, and the maintenance of existing equipment, in intercity passenger rail service, and the payment of interest and principal on obligations incurred for such acquisition, upgrading, and maintenance, and ``(ii) in the case of a non-Amtrak State, the acquisition of equipment, rolling stock, and other capital improvements, the upgrading of maintenance facilities, and the maintenance of existing equipment, in intercity passenger rail or bus service, and the payment of interest and principal on obligations incurred for such acquisition, upgrading, and maintenance, and ``(B) certified by the Secretary of Transportation on October 1 as meeting the requirements of subparagraph (A) and as qualified for payment under subsection (e) for the fiscal year beginning on such date. ``(2) Non-Amtrak state.--The term `non-Amtrak State' means any State which does not receive intercity passenger rail service from the National Railroad Passenger Corporation. ``(e) Contract Authority.--Notwithstanding any other provision of law, the Secretary of Transportation shall certify expenses as qualified for a fiscal year on October 1 of such year, in an amount not to exceed the amount of receipts estimated by the Secretary of the Treasury to be transferred to the Intercity Passenger Rail Trust Fund for such fiscal year. Such certification shall result in a contractual obligation of the United States for the payment of such expenses. ``(f) Tax Treatment of Trust Fund Expenditures.--With respect to any payment of qualified expenses from the Intercity Passenger Rail Trust Fund during any taxable year to a taxpayer-- ``(1) such payment shall not be included in the gross income of the taxpayer for such taxable year, ``(2) no deduction shall be allowed to the taxpayer with respect to any amount paid or incurred which is attributable to such payment, and ``(3) the basis of any property shall be reduced by the portion of the cost of such property which is attributable to such payment. ``(g) Termination.--The Secretary shall determine and retain, not later than October 1, 2002, the amount in the Intercity Passenger Rail Trust Fund necessary to pay any outstanding qualified expenses, and shall transfer any amount not so retained to the general fund of the Treasury.'' (b) Conforming Amendment.--The table of sections for subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following new item: ``Sec. 9512. Intercity Passenger Rail Trust Fund.'' (c) Effective Date.--The amendments made by this section shall apply with respect to taxes imposed after September 30, 1997.

Intercity Passenger Rail Trust Fund Act of 1997 - Amends the Internal Revenue Code to establish in the Treasury the Intercity Passenger Rail Trust Fund to finance qualified expenses of: (1) the National Railroad Passenger Corporation; and (2) non-Amtrak States.

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SEC. . STANDING FOR CERTAIN TAXPAYERS WITH REGARD TO SALE OF NET OPERATING LOSSES. (a) Subsection (c) of section 5021 of the Technical and Miscellaneous Revenue Act of 1988 (Public Law 100-647) is amended to read as follows: ``(c) Special Administrative Rules.-- ``(1) Income included in native corporation return.--At the joint election of a Native Corporation and a corporation (referred to in this subsection (c) as the `buyer corporation') with which the Native Corporation entered into a transaction permitted under section 60(b)(5) of the Tax Reform Act of 1984 and section 1804(e)(4) of the Tax Reform Act of 1986 (referred to in this subsection (c) as a `Native Corporation transaction'), income assigned, transferred or otherwise made available by the buyer corporation through the use of a corporation (referred to in this subsection (c) as the `profit subsidiary') by reason of such transaction for a period in which the profit subsidiary qualified as a member of the affiliated group of which the Native Corporation was the common parent shall be included in the taxable income of the Native Corporation affiliated group solely for purposes of section 6212 of the Internal Revenue Code-- ``(A) Election.--The election under this subsection (c) for the taxable year to which the election relates shall be made no later than 120 days after the date of enactment of this amendment. The election shall be irrevocable and shall be made by filing with the district director for the Anchorage district office of the Internal Revenue Service a written statement signed by responsible officers of the Native Corporation and the electing buyer corporation that-- ``(i) identifies the Native Corporation, the profit subsidiary, and the buyer corporation (and their taxpayer identification numbers) and states their agreement to make the election provided in this subsection (c); ``(ii) states the amount of income assigned, transferred or otherwise made available to the profit subsidiary for the taxable year by reason of the Native Corporation transaction; ``(iii) if profit subsidiaries related to a buyer corporation other than the electing buyer corporation were members of the affiliated group of which the Native Corporation was the common parent, describes the order and the amount of the losses and credits of the Native Corporation affiliated group that were used to offset the income of each profit subsidiary; ``(iv) states the agreement of the buyer corporation to consent under section 6501(c)(4) of the Internal Revenue Code to extend the periods of limitations for assessment and collection solely with respect to the income of the profit subsidiary for the affected taxable period(s) to a date not less than 180 days after the date the tax liability for the taxable year in which the Native Corporation transaction occurred is finally determined; ``(v) states the agreement of the Native Corporation to consent under section 6501(c)(4) of the Internal Revenue Code to extend the periods of limitations for assessment and collection solely with respect to the income of the profit subsidiary for the affected taxable period(s) to a date not less than 120 days after the date on which the Native Corporation makes the election under this subsection; and ``(vi) the Native Corporation and the buyer corporation agree that the Service is authorized to make any refund of any overpayment that is determined to be due, jointly to the Native Corporation and the electing buyer corporation. If a Native Corporation has engaged in multiple Native Corporation transactions, such election shall be independently made by each buyer corporation on separate written statements. A buyer corporation that elects under this provision must so elect for all Native Corporation transactions with the particular Native Corporation with whom the election is made for which the statue of limitations for assessment is open. ``(B) Taxable rate.--Notwithstanding section 11 of the Internal Revenue Code, any income of the profit subsidiary that is subject to the election provided in this subsection (c) shall be taxed at the rate that such income would have been taxed if it had been included in the return of the buyer corporation for the taxable year from which such income was assigned, transferred or otherwise made available. Solely for purposes of issuing a notice under section 6212 of the Internal Revenue Code to a Native Corporation for a Native Corporation transaction for which an election has been made under this subsection (c), the tax may be computed by applying the maximum corporate rate under section 11 of the Internal Revenue Code. ``(2) Treatment of native corporation as common parent as sole agent.--The common parent of an affiliated group which includes a Native Corporation that elects under subsection (c)(1) shall be the sole agent for the profit subsidiary for purposes of the Native Corporation transaction for the period of affiliation. ``(3) Collection of tax from buyer corporation.--For purposes of this subsection, the amount of any tax, interest, addition to tax, penalty or other amount attributable to the income of the profit subsidiary shall be paid by and be collectible from the profit subsidiary and the buyer corporation for the taxable year for which income was assigned, transferred or otherwise made available by the buyer corporation in connection with the Native Corporation transaction. ``(4) Payment of tax by native corporation.--If, after the election provided in subsection (c)(1) is made, the Native Corporation pays all or any part of the tax, interest, addition to tax, penalty or other amount attributable to the income of the profit subsidiary, such payment shall be deemed to be a payment by the buyer corporation for the taxable year for which such income would otherwise have been included in the buyer corporation's return if the election provided in subsection (c)(1) was not made-- ``(A) Filing of refund claim.--A Native Corporation that elects under subsection (c)(1) shall be treated as the taxpayer for purposes of sections 6402 and 6511 of the Internal Revenue Code with respect to all payments of tax, interest, additions to tax, penalties, or other amounts attributable to the income of the profit subsidiary and shall be entitled to file a claim for refund as the taxpayer with respect to any taxes, interest, additions to tax, penalties or other amounts attributable to the income of the profit subsidiary. ``(B) Filing of refund suit.--A Native Corporation that elects under subsection (c)(1) shall be treated as the taxpayer for purposes of section 7422 of the Internal Revenue Code with respect to all payments of tax, interest, additions to tax, penalties, or other amounts attributable to the income of the profit subsidiary, and as the plaintiff for purposes of section 1402 of title 28, United States Code, and shall be entitled to file and maintain a proceeding in court as the taxpayer for the recovery of such amounts. ``(C) Refund of overpayment.--In the event that an overpayment is determined to be due, whether by final administrative or judicial decision, with respect to a Native Corporation transaction (c)(1), the Native Corporation shall be treated as the person who made the overpayment within the meaning of section 6402(a) of the Internal Revenue Code. Notwithstanding any law or rule of law, including the preceding sentence, any refund of such overpayment may be made jointly to the Native Corporation and to the electing buyer corporation, as agreed to under paragraph (A)(v) of subsection (c)(1). ``(5) Participatory rights of electing buyer corporation.-- Any buyer corporation that makes an election under subsection (c)(1) shall have the right to-- ``(A) submit a written statement and participate with the Native Corporation in any administrative proceeding relating to any proposed adjustment regarding a Native Corporation transaction for which an election has been made; and ``(B) file an amicus brief in any proceeding in a Federal court or the United States Tax Court that has been filed by the Native Corporation involving a proposed adjustment regarding such a Native Corporation transaction. All written notices or other reports issued by the Secretary or his delegate with respect to such a Native Corporation transaction shall be issued to the Native Corporation, and it shall be the obligation of the Native Corporation to provide copies thereof to the electing buyer corporation. Rules similar to the rules of subparagraphs (B) and (C) of paragraph (7) shall apply for purposes of this paragraph. ``(6) Final determination of issues.-- ``(A) All issues with respect to the Native Corporation transaction with respect to which an election is made under subsection (c)(1), including the applicability of any interest, addition to tax, penalty or other amount, shall be determined by administrative or judicial decision with respect to the consolidated return of the Native Corporation affiliated group. ``(B) Upon such determination, any income of the profit subsidiary that is not offset in the Native Corporation transaction shall be reported on the buyer corporation's return as if it were originally reported thereon and subject to all adjustments, including net operating loss or other carrybacks, to which such income would otherwise be subject. ``(7) No effect on nonelecting corporations.--The absence of an election by a Native Corporation and a buyer corporation with respect to a Native Corporation transaction shall not restrict the authority of the Secretary of the Treasury or his delegate to settle or litigate with any nonelecting buyer corporation with respect to any issue relating to such a transaction-- ``(A) Rights of native corporation.--For any such Native Corporation transaction for which no election is made under subsection (c)(1), the Native Corporation shall have the right to submit a written statement and participate with the buyer corporation in any administrative proceeding relating to any proposed adjustment regarding such Native Corporation transaction; and to file an amicus brief in any proceeding in a Federal court or the United States Tax Court that has been filed by the non-electing buyer corporation involving a proposed adjustment regarding such Native Corporation transaction. ``(B) Extension of statute of limitations.-- Subparagraph (A) shall not apply if the Secretary of the Treasury or his delegate determines that an extension of the statute of limitations is necessary to permit the participation described in subparagraph (A) and the taxpayer and the Secretary or his delegate have not agreed to such extension. ``(C) Failures.--For purposes of the 1986 Code, any failure by the Secretary of the Treasury or his delegate to comply with the provisions of this subsection shall not affect the validity of the determination of the Internal Revenue Service of any adjustment of tax liability of any non-electing buyer corporation. ``(8) Effective date.--This provision shall be effective for all taxable years for which the statute of limitations for assessment with respect to an electing Native Corporation has not expired prior to the date of enactment of this Act-- ``(A) Extension of statute of limitations.--Any Native Corporation for which the statue of limitations for assessment will expire within 120 days after the date of enactment of this section shall have the right upon request to extend such statute of limitations pursuant to section 6501(c)(4) of the Internal Revenue Code to a date not less than 120 days after the date of enactment of this section. ``(B) Period for assessments.--If the statute of limitations for assessments with respect to an electing Native Corporation has not expired prior to the date of the enactment of this Act, such period shall not expire before the date 120 days after the date on which the Native Corporation makes the election under this subsection.''. (b) Section 5021 of the Technical and Miscellaneous Revenue Act of 1988 (Public Law 100-647) is amended by adding, after subsection (e), new subsection (f) to read as follows: ``(f) Increase in Underpayment Rate.--For purposes of determining the amount of interest payable under section 6601 of the Internal Revenue Code on a tax underpayment attributable to a Native Corporation transaction for which an election has been made under subsection (c) hereof, the underpayment rate otherwise applicable under section 6621(a) (2) or (c) of the Internal Revenue Code of 1986 shall be increased by 0.5 percentage points.''.

Amends the Technical and Miscellaneous Revenue Act of 1988 to permit Alaska Native Corporations to litigate the validity of the sale of their net operating losses to other corporate buyers as reported on their tax returns, if the buyers so agree. Increases the interest on the underpayment rate for any underpayments resulting from such litigation.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Use Invigoration Land Development Act''. SEC. 2. GRANT PROGRAM TO PROMOTE THE REDEVELOPMENT OF REMEDIATED SITES. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 36 as section 37; and (2) by inserting after section 35 the following new section: ``SEC. 36. GRANT PROGRAM TO PROMOTE THE REDEVELOPMENT OF REMEDIATED SITES. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Remediated site.--The term `remediated site' means any real property with respect to which requirements under Federal or State law for remediation of hazardous substances, pollutants, and contaminants have been completed. ``(2) Low-income geographic area.--The term ``low-income geographic area'' means-- ``(A) any population census tract (or in the case of an area that is not tracted for population census tracts, the equivalent county division, as defined by the Bureau of the Census of the Department of Commerce for purposes of defining poverty areas), if-- ``(i) the poverty rate for that census tract is not less than 20 percent; ``(ii) in the case of a tract-- ``(I) that is located within a metropolitan area, 50 percent or more of the households in that census tract have an income equal to less than 60 percent of the area median gross income; or ``(II) that is not located within a metropolitan area, the median household income for such tract does not exceed 80 percent of the statewide median household income; or ``(iii) as determined by the Administrator based on objective criteria, a substantial population of low-income individuals reside, an inadequate access to investment capital exists, or other indications of economic distress exist in that census tract; or ``(B) any area located within-- ``(i) a HUBZone (as defined in section 3(p) of the Small Business Act and the implementing regulations issued under that section); ``(ii) an urban empowerment zone or urban enterprise community (as designated by the Secretary of Housing and Urban Development); or ``(iii) a rural empowerment zone or rural enterprise community (as designated by the Secretary of Agriculture). ``(b) Establishment.--In accordance with this section, the Administrator may make grants to eligible entities to enable such entities to participate in the redevelopment of remediated sites. ``(c) Eligibility.--Each of the following entities is eligible to receive assistance under this section: ``(1) A small business concern. ``(2) A locally based organization that represents small business concerns. ``(3) A local redevelopment agency that is chartered, established, or otherwise sanctioned by a State or by a local government. ``(d) Use of Funds.--Assistance made available under this section may be used only-- ``(1) for the development of plans for the reuse of a remediated site; or ``(2) to perform marketing analyses with respect to a remediated site. ``(e) Application.--An eligible entity seeking assistance made available under this section shall submit to the Administrator an application in such form as the Administrator may require. ``(f) Selection Criteria.--In selecting entities to receive assistance under this section, the Administrator shall consider each of the following: ``(1) The ability of the entity to develop plans for the reuse of the remediated site and to perform marketing analyses with respect to the remediated site. ``(2) The extent to which the redevelopment of the remediated site proposed to be redeveloped by the entity would create jobs and other social and economic benefits to the local community and business opportunities for small business concerns. ``(3) The extent to which the entity's use of assistance will maximize the leveraging of private sector funds. ``(4) The extent to which the entity will use assistance to redevelop a remediated site located in a low-income geographic area. ``(g) Grant Amount.--Each grant award made under this section shall be of sufficient size to carry out the goals of this section, but shall not exceed $200,000. ``(h) Loss of Eligibility and Repayment.--If the Administrator determines that an entity receiving assistance made available under this section violates any condition placed on the receipt of such assistance, the Administrator-- ``(1) may make no additional assistance available to such entity under this section; and ``(2) may require the entity to repay, in whole or in part, the assistance made available to the entity under this section. ``(i) Report to Administrator.--Not later than 2 years after receiving assistance made available under this section, each eligible entity receiving such assistance shall transmit to the Administrator a report describing how the assistance was used. ``(j) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated the sum of $4,000,000 for each of fiscal years 2003 through 2005. ``(2) Availability.--Funds appropriated under paragraph (1) shall remain available until expended.''. SEC. 3. INCREASED PARTICIPATION LEVEL FOR LOANS TO SMALL BUSINESSES LOCATED ON REMEDIATED SITES. Clause (i) of section 7(a)(2)(A) of the Small Business Act (15 U.S.C. 636(a)(2)(A)) shall be applied by substituting ``90 percent'' for ``75 percent'' and clause (ii) of such section shall be applied by substituting ``90 percent'' for ``85 percent'' in the case of any loan made-- (1) to a small business concern located or locating on a remediated site (as such term is defined in section 36(a)(1) of the Small Business Act (as amended by this Act)) with respect to which a grant has been made under such section; and (2) during the 5-year period beginning on the date that such grant is made. SEC. 4. FUNDING FROM DEVELOPMENT COMPANIES TO REDEVELOP REMEDIATED SITES. Section 501(d)(3) of the Small Business Investment Act of 1958 (15 U.S.C. 695(d)(3)) is amended-- (1) in subparagraph (G), by striking ``or''; (2) in subparagraph (H), by striking the period and inserting ``, or''; and (3) by inserting after subparagraph (H) the following new subparagraph: ``(I) redevelopment of remediated sites (as defined in section 36(a)(1) of the Small Business Act).''. SEC. 5. EXEMPTION FROM OUTSTANDING LEVERAGE LIMITS FOR SBIC INVESTMENTS IN REMEDIATED SITES. Paragraphs (2)(C) and (4)(D) of section 303(b) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)) are amended by-- (1) inserting ``or on a remediated site (as defined in section 36(a)(1) of the Small Business Act)'' after ``located in a low-income geographic area (as defined in section 351)''; and (2) by striking ``low-income'' in the headings of such paragraphs and inserting ``certain''.

Brownfields Use Invigoration Land Development Act - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to make grants to a small business, a local organization that represents small businesses, or a local redevelopment agency chartered, established, or otherwise sanctioned by a State or local government to participate in the redevelopment of remediated sites (real property with respect to which requirements under Federal or State law for the remediation of hazardous substances, pollutants, and contaminants have been completed). Sets a maximum per-grant limit of $200,000. Increases to 90 percent of the amount of the outstanding financing the level of SBA participation in guaranteed loans made to small businesses on a deferred basis for small businesses located or locating on a remedial site.Amends the Small Business Investment Act of 1958 to: (1) authorize the SBA to provide assistance to State development companies for projects for the redevelopment of remediated sites; and (2) exempt from current outstanding leverage limits small business investment company investments in remediated sites.

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SECTION 1. RELIABILITY AND DISTRIBUTED RESOURCES. Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following: ``(20) Consideration of safe and reliable interconnection of distributed resources.-- ``(A) Definitions.--In this paragraph: ``(i) Ancillary service.--The term `ancillary service' includes-- ``(I) reactive supply; ``(II) regulation and frequency response; ``(III) energy imbalance; ``(IV) operating reserves; ``(V) generation imbalance; and ``(VI) flexibility and ramping services. ``(ii) Distributed resource.--The term `distributed resource' means an electric power source connected directly to the distribution network or on the customer side of the meter. ``(B) Requirement for proceedings related to distributed resources.--Each State regulatory authority shall-- ``(i) establish proceedings to examine the degree to which distributed resources contribute ancillary services; and ``(ii) prescribe appropriate measures to ensure adequate ancillary services so that grid interconnection for distributed resources is safe, reliable, and efficient.''. SEC. 2. NET METERING EFFECTS. Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 1) is amended by adding at the end the following: ``(21) Net metering effects.--Each State regulatory authority shall-- ``(A) establish proceedings to examine the effects of net metering and customer-owned distributed generation on resource planning of each electric utility, including-- ``(i) the effects on resource utilization, fuel diversity, grid security, and shifting of grid costs to customers who do not use net metering or customer-owned distributed generation; and ``(ii) the impact on-- ``(I) the financial health of the entity providing distribution services; and ``(II) the ability of the entity to attract investment in light of net metering and customer-owned distributed generation within the State; and ``(B) establish proceedings to determine whether electricity rates established for net metering service are just and reasonable and not unduly preferential or discriminatory, in accordance with State law.''. SEC. 3. COMPLIANCE. (a) Time Limitations.--Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following: ``(7)(A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) and each nonregulated electric utility shall, with respect to the standard established by paragraphs (20) and (21) of section 111(d)-- ``(i) commence the consideration required under those paragraphs; or ``(ii) set a hearing date for such consideration, with respect to the standard established by paragraphs (20) and (21) of section 111(d). ``(B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) and each nonregulated electric utility shall, with respect to the standards established by paragraphs (20) and (21) of section 111(d)-- ``(i) complete the consideration required under those paragraphs; and ``(ii) make the determination referred to in section 111 with respect to the standards established by those paragraphs.''. (b) Failure To Comply.--Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by adding at the end the following: ``In the case of the standard established by paragraphs (20) and (21) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of those paragraphs.''.

This bill amends the Public Utility Regulatory Policies Act of 1978 to define "distributed resource" as an electric power source connected directly to the distribution network or on the customer side of the meter. State regulatory authorities shall by certain deadlines: establish proceedings to examine the degree to which distributed resources contribute specified ancillary services, such as reactive supply, energy imbalance, and flexibility and ramping services, among others; prescribe measures to ensure adequate ancillary services so that grid interconnection for distributed resources is safe, reliable, and efficient; examine the effects of net metering and customer-owned distributed generation on resource planning of each electric utility, and determine whether electricity rates established for net metering service are just and reasonable and not unduly preferential or discriminatory.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Grain Standards Act Reauthorization Act of 2015''. SEC. 2. REAUTHORIZATION OF UNITED STATES GRAIN STANDARDS ACT. (a) Official Inspection and Weighing Requirements.-- (1) Weighing requirements at export elevators.--Section 5(a)(2) of the United States Grain Standards Act (7 U.S.C. 77(a)(2)) is amended in the proviso by striking ``intracompany shipments of grain into an export elevator by any mode of transportation, grain transferred into an export elevator by transportation modes other than barge,'' and inserting ``shipments of grain into an export elevator by any mode of transportation''. (2) Disruption in grain inspection or weighing.--Section 5 of the United States Grain Standards Act (7 U.S.C. 77) is amended by adding at the end the following: ``(d) Disruption in Grain Inspection or Weighing.--In the case of a disruption in official grain inspections or weighings, including if the Secretary waives the requirement for official inspection due to an emergency under subsection (a)(1), the Secretary shall-- ``(1) immediately take such actions as are necessary to address the disruption and resume inspections or weighings; ``(2) not later than 24 hours after the start of the disruption in inspection or weighing, 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 describes-- ``(A) the disruption; and ``(B) any actions necessary to address the concerns of the Secretary relating to the disruption so that inspections or weighings may resume; and ``(3) once the initial report in paragraph (2) has been made, provide daily updates until official inspection or weighing services at the site of disruption have resumed.''. (b) Official Inspection Authority and Funding.-- (1) Delegation of official inspection authority.--Section 7(e)(2) of the United States Grain Standards Act (7 U.S.C. 79(e)(2)) is amended-- (A) by striking ``(2) If the Secretary'' and inserting the following: ``(2) Delegation of authority to state agencies.-- ``(A) In general.--If the Secretary''; (B) in the first sentence-- (i) by striking ``and (A)'' and inserting ``and (i)''; (ii) by striking ``or (B)(i)'' and inserting ``or (ii)(I)''; (iii) by striking ``(ii)'' and inserting ``(II)''; and (iv) by striking ``(iii)'' and inserting ``(III)''; and (C) by adding at the end the following: ``(B) Certification.-- ``(i) In general.--Every 5 years, the Secretary shall certify that each State agency with a delegation of authority is meeting the criteria described in subsection (f)(1)(A). ``(ii) Process.--Not later than 1 year after the date of enactment of the United States Grain Standards Act Reauthorization Act of 2015, the Secretary shall establish a process for certification under which the Secretary shall-- ``(I) publish in the Federal Register notice of intent to certify a State agency and provide a 30-day period for public comment; ``(II) evaluate the public comments received and, in accordance with paragraph (3), conduct an investigation to determine whether the State agency is qualified; ``(III) make findings based on the public comments received and investigation conducted; and ``(IV) publish in the Federal Register a notice announcing whether the certification has been granted and describing the basis on which the Secretary made the decision. ``(C) State agency requirements.-- ``(i) In general.--If a State agency that has been delegated authority under this paragraph intends to temporarily discontinue official inspection or weighing services for any reason, except in the case of a major disaster, the State agency shall notify the Secretary in writing of the intention of the State agency to do so at least 72 hours in advance of the discontinuation date. ``(ii) Secretarial consideration.--The Secretary shall consider receipt of a notice described in clause (i) as a factor in administering the delegation of authority under this paragraph.''. (2) Consultation.--Section 7(f)(1) of the United States Grain Standards Act (7 U.S.C. 79(f)(1)) is amended-- (A) in subparagraph (A)(xi), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) the Secretary-- ``(i) periodically conducts a consultation with the customers of the applicant, in a manner that provides opportunity for protection of the identity of the customer if desired by the customer, to review the performance of the applicant with regard to the provision of official inspection services and other requirements of this Act; and ``(ii) works with the applicant to address any concerns identified during the consultation process.''. (3) Duration of designation authority.--Section 7(g)(1) of the United States Grain Standards Act (7 U.S.C. 79(g)(1)) is amended by striking ``triennially'' and inserting ``every 5 years''. (4) Fees.--Section 7(j) of the United States Grain Standards Act (7 U.S.C. 79(j)(1)) is amended-- (A) by striking ``(j)(1) The Secretary'' and inserting the following: ``(j) Fees.-- ``(1) Inspection fees.-- ``(A) In general.--The Secretary''; (B) in paragraph (1)-- (i) the second sentence, by striking ``The fees'' and inserting the following: ``(B) Amount of fees.--The fees''; (ii) in the third sentence, by striking ``Such fees'' and inserting the following: ``(C) Use of fees.--Fees described in this paragraph''; and (iii) by adding at the end the following: ``(D) Export tonnage fees.--For an official inspection at an export facility performed by the Secretary, the portion of the fees based on export tonnage shall be based on the rolling 5-year average of export tonnage volumes.''; (C) by redesignating paragraph (4) as paragraph (5); (D) by inserting after paragraph (3) the following: ``(4) Adjustment of fees.--In order to maintain an operating reserve of not less than 3 and not more than 6 months, the Secretary shall adjust the fees described in paragraphs (1) and (2) not less frequently than annually.''; and (E) in paragraph (5) (as redesignated by subparagraph (C)), in the first sentence, by striking ``2015'' and inserting ``2020''. (c) Weighing Authority.--Section 7A of the United States Grain Standards Act (7 U.S.C. 79a) is amended-- (1) in subsection (c)(2), in the last sentence, by striking ``subsection (g) of section 7'' and inserting ``subsections (e) and (g) of section 7''; and (2) in subsection (l)-- (A) by striking ``(l)(1) The Secretary'' and inserting the following: ``(l) Fees.-- ``(1) Weighing fees.-- ``(A) In general.--The Secretary''; (B) in paragraph (1)-- (i) the second sentence, by striking ``The fees'' and inserting the following: ``(B) Amount of fees.--The fees''; (ii) in the third sentence, by striking ``Such fees'' and inserting the following: ``(C) Use of fees.--Fees described in this paragraph''; and (iii) by adding at the end the following: ``(D) Export tonnage fees.--For an official weighing at an export facility performed by the Secretary, the portion of the fees based on export tonnage shall be based on the rolling 5-year average of export tonnage volumes.''; (C) by redesignating paragraph (3) as paragraph (4); (D) by inserting after paragraph (2) the following: ``(3) Adjustment of fees.--In order to maintain an operating reserve of not less than 3 and not more than 6 months, the Secretary shall adjust the fees described in paragraphs (1) and (2) not less frequently than annually.''; and (E) in paragraph (4) (as redesignated by subparagraph (C)), in the first sentence, by striking ``2015'' and inserting ``2020''. (d) Limitation and Administrative and Supervisory Costs.--Section 7D of the United States Grain Standards Act (7 U.S.C. 79d) is amended by striking ``2015'' and inserting ``2020''. (e) Issuance of Authorization.--Section 8(b) of the United States Grain Standards Act (7 U.S.C. 84(b)) is amended by striking ``triennially'' and inserting ``every 5 years''. (f) Appropriations.--Section 19 of the United States Grain Standards Act (7 U.S.C. 87h) is amended by striking ``2015'' and inserting ``2020''. (g) Advisory Committee.--Section 21(e) of the United States Grain Standards Act (7 U.S.C. 87j(e)) is amended by striking ``2015'' and inserting ``2020''. SEC. 3. REPORT ON DISRUPTION IN FEDERAL INSPECTION OF GRAIN EXPORTS. Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the Senate, and the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives a report that describes-- (1) the specific factors that led to disruption in Federal inspection of grain exports at the Port of Vancouver in the summer of 2014; (2) any factors that contributed to the disruption referred to in paragraph (1) that were unique to the Port of Vancouver, including a description of the port facility, security needs and available resources for that purpose, and any other significant factors as determined by the Secretary; and (3) any changes in policy that the Secretary has implemented to ensure that a similar disruption in Federal inspection of grain exports at the Port of Vancouver or any other location does not occur in the future. SEC. 4. REPORT ON POLICY BARRIERS TO GRAIN PRODUCERS. Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture, in consultation with the United States Trade Representative, shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that describes-- (1) the policy barriers to United States grain producers in countries the grain of which receives official grading in the United States but which do not offer official grading for United States grain or provide only the lowest designation for United States grain, including an analysis of possible inconsistencies with trade obligations; and (2) any actions the Executive Branch is taking to remedy the policy barriers so as to put United States grain producers on equal footing with grain producers in countries imposing the barriers.

. United States Grain Standards Act Reauthorization Act of 2015 This bill reauthorizes and amends provisions of the United States Grain Standards Act. The Act authorizes the Department of Agriculture (USDA) to establish official marketing standards for grains, and to provide procedures for grain inspection and weighing. The bill reauthorizes several expiring provisions through FY2020, establishes procedures in the event of an interruption of inspection and weighing services, revises the process for delegating inspections to state agencies, and revises fees for inspection and weighing services. (Sec. 2) The bill provides that transfers of grain into an export elevator by any mode of transportation are not required to be officially weighed. In the case of a disruption in official grain inspection or weighing services, the bill requires USDA to immediately take the actions necessary to address the disruption and resume services. USDA must also report to Congress on the disruption and provide daily updates until services have resumed. The bill ends the permanent delegation to state agencies to carry out export inspection and weighing services. Every five years, USDA must certify that each state agency with a delegation of authority is meeting specified criteria. The certification process must include public notice and a comment period. State agencies that have been delegated authority and intend to temporarily discontinue official inspection or weighing services, except in the case of a major disaster, must notify USDA in advance. In order to review the performance of states, local agencies, and individuals that have applied to perform official inspections other than at export port locations, USDA must periodically consult with customers of the applicant and work with the applicant to address any concerns. The bill extends the duration of licenses for inspectors from three to five years. Designations of official agencies terminate at a time specified by USDA that is no later than every five years. The bill changes the fee calculation for inspection and weighing services and extends the authority to collect fees through FY2020. The bill extends the limitation on total administrative and supervisory costs, the authorization of appropriations, and the authorization of the advisory committee through FY2020. (Sec. 3) USDA must report to Congress on the disruption in federal inspection of grain exports at the Port of Vancouver in the summer of 2014. The report must include factors that led or contributed to the disruption and changes in policy USDA has implemented to ensure that a similar disruptions does not occur in the future. (Sec. 4) USDA must report to Congress on policy barriers to U.S. grain producers in countries that: (1) produce grain that receives official grading in the United States, and (2) do not offer official grading for U.S. grain or provide only the lowest designation for U.S. grain.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency in Judgment Payments Act of 2011''. SEC. 2. DISCLOSURE OF PAYMENTS. Section 1304 of title 31, United States Code, is amended by adding at the end the following: ``(d)(1) Not later than 30 days after the payment of a final judgment, award, or compromise settlement under this section, the Secretary of the Treasury shall publish electronically (including on a dedicated, publicly accessible Web site), in a manner consistent with applicable Federal privacy law-- ``(A) the agency responsible for the payment; ``(B) a citation to the provision of law under which the claim was made; ``(C) the amount to be paid; ``(D) the amount of any interest to be paid; ``(E) the amount of any attorney fees to be paid; and ``(F) for any case filed in a court-- ``(i) the case number for the case that resulted in the judgment, award, or settlement; and ``(ii) the court in which the case was filed. ``(2) The information published under paragraph (1) shall contain separate sections for claims filed in court and administrative claims. ``(3)(A) The Secretary of the Treasury shall submit to the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on the Judiciary and the Committee on Oversight and Government Reform of the House of Representatives a quarterly report that contains-- ``(i) any information published under paragraph (1) during the preceding quarter; and ``(ii) a confidential appendix that includes, for each case or claim described in clause (i), the identity of the plaintiff, counsel for the plaintiff, and the defendant. ``(B) A report under subparagraph (A) shall be exempt from disclosure under section 552 of title 5. For purposes of section 552 of title 5, this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section 552.''. SEC. 3. LITIGATION MANAGEMENT. (a) In General.--Chapter 6 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 613. Litigation management ``(a) Each agency, in consultation with the Attorney General of the United States and consistent with applicable Federal privacy law, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives an annual report describing-- ``(1) any civil action filed or pending against the agency or any employee of the agency; and ``(2) any settlements entered by or final judgments entered against the agency or any employee of the agency. ``(b) The report required under subsection (a) shall include-- ``(1) a summary of-- ``(A) the number of civil actions filed, pending, or settled; ``(B) the number of civil actions for which more than 36 months have passed since the date the action was filed; ``(C) the number of claims-- ``(i) made under a statute or regulation; and ``(ii) alleging a violation of a statute or regulation; ``(D) the number of judgments entered for and against the agency; ``(E) the number of settlements or consent decrees involving the agency; ``(F) the number of judgments entered under seal; ``(G) the number of settlements or consent decrees involving a confidentiality agreement or order; ``(H) the total amount of all judgments, settlements, and attorney fees paid by or on behalf of the agency; and ``(I) the total number of agency rulemakings or other actions commenced due to a judgment or settlement; ``(2) for each filed or pending civil action, a summary of the action that-- ``(A) describes-- ``(i) the nature of the action; ``(ii) the cause of action asserted, including specific statutory references; ``(iii) the nature and amount of relief requested; ``(iv) whether the plaintiff is a party to any other litigation against the agency; ``(v) whether a claim for attorney fees has been made, and if so, the statutory basis for the claim; ``(vi) the date the action was filed; and ``(vii) whether more than 36 months have passed since the date the action was filed; and ``(B) identifies-- ``(i) the court, the presiding judge, and the case number; and ``(ii) the plaintiff and counsel for the plaintiff; and ``(3) for each settlement or final judgment, except a settlement or final judgment described in paragraph (4), a summary of the civil action that includes-- ``(A) the nature of the civil action; ``(B) the amount of the payment or other relief granted or agreed; ``(C) the amount of attorneys fees paid; and ``(D) the nature of any rulemaking or other agency action commenced due to the settlement or judgment; and ``(4) for each settlement or final judgment involving a judgment under seal or a confidentiality agreement or order-- ``(A) the parties to the settlement or final judgment; and ``(B) each cause of action alleged in the complaint.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 6 of title 5, United States Code, is amended by adding at the end the following: ``613. Litigation management.''.

Transparency in Judgment Payments Act of 2011 - Requires the Secretary of the Treasury, not later than 30 days after the payment of a final judgment, award, or compromise settlement involving a federal agency, to publish electronically: (1) the agency responsible for the payment; (2) a citation to the law under which the claim was made; (3) the amount to be paid, including any interest and attorney fees; and (4) the court in which such claim was filed and the court case number. Requires each federal agency to submit annual reports to Congress describing: (1) any civil action filed or pending against such agency or an agency employee, and (2) any settlements entered by, or final judgments entered against, such agency or an agency employee.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Drunk Driving Repeat Offender Prevention Act of 2015''. SEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PREVENT REPEAT INTOXICATED DRIVING. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 159 the following: ``Sec. 160. Use of ignition interlock devices to prevent repeat intoxicated driving ``(a) Definitions.--In this section: ``(1) Alcohol concentration.--The term `alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. ``(2) Driving while intoxicated; driving under the influence.--The terms `driving while intoxicated' and `driving under the influence' mean driving or being in actual physical control of a motor vehicle in a State while having a blood alcohol concentration of 0.08 percent or greater. ``(3) Ignition interlock device.--The term `ignition interlock device' means an in-vehicle device that requires a driver to provide a breath sample prior to the motor vehicle starting, and that prevents a motor vehicle from starting if the alcohol concentration of the driver is above the legal limit. ``(4) Motor vehicle.-- ``(A) In general.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways. ``(B) Exclusions.--The term `motor vehicle' does not include-- ``(i) a vehicle operated solely on a rail line; or ``(ii) a commercial vehicle. ``(b) Laws Requiring Ignition Interlock Devices.-- ``(1) In general.--Subject to paragraph (2), a State meets the requirements of this subsection if the State has enacted and is enforcing a law that requires throughout the State the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual who is convicted of driving while intoxicated or driving under the influence. ``(2) Exception.--The 180-day period referred to in paragraph (1) for the installation of an ignition interlock device may be reduced to a period of not fewer than 90 days, if-- ``(A) the driver's licence of the individual is suspended for a minimum of 180 days as a result of the conviction; and ``(B) the period for the installation of an ignition interlock device begins after the last day of the suspension. ``(c) Withholding of Funds for Noncompliance.-- ``(1) Fiscal year 2018.--On October 1, 2017, the Secretary shall withhold 1 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). ``(2) Fiscal year 2019.--On October 1, 2018, the Secretary shall withhold 3 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). ``(3) Fiscal year 2020 and thereafter.--On October 1, 2019, and on October 1 of each fiscal year thereafter, the Secretary shall withhold 5 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). ``(d) Period of Availability of Withheld Funds; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.--Any funds withheld under subsection (c) from apportionment to a State shall remain available for apportionment to the State until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under subsection (c) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirements of subsection (b), the Secretary shall, on the first day on which the State meets the requirements of subsection (b), apportion to the State the funds withheld under subsection (c) that remain available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.--Any funds apportioned pursuant to paragraph (2)-- ``(A) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned; and ``(B) if not apportioned at the end of that period, shall lapse. ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld under subsection (c) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (b), the funds shall lapse.''. (b) Conforming Amendment.--The analysis for such chapter is amended by inserting after the item relating to section 159 the following: ``160. Use of ignition interlock devices to prevent repeat intoxicated driving.''.

Drunk Driving Repeat Offender Prevention Act of 2015 Directs the Department of Transportation to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway funds for FY2018-FY2020 if the state has not enacted and is not enforcing a law requiring the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual convicted of driving while intoxicated or driving under the influence. Defines "driving while intoxicated" and "driving under the influence" as driving or being in actual physical control of a motor vehicle while having a blood alcohol concentration of 0.08% or greater. Requires an ignition interlock device to: require a driver to provide a breath sample before the motor vehicle starts, and prevent a motor vehicle from starting if the alcohol concentration of the driver is above the legal limit. Authorizes reduction of the 180-day period to 90 days if: the driver's license is suspended for a minimum of 180 days as a result of the conviction, and the period for installation of an ignition interlock device begins after the last day of the suspension.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``1863 Gettysburg Campaign Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the 1863 invasion of Pennsylvania and the resulting Battle of Gettysburg proved decisive in the final outcome of the American Civil War; (2) President Abraham Lincoln's Gettysburg Address put the Civil War in perspective as a test of the success of the American Revolution; (3) the Army Heritage Center Foundation (in this Act referred to as the ``AHCF'') works with the United States Army to establish, sponsor, support, promote, and maintain the United States Army Heritage and Education Center (in this Act referred to as the ``AHEC'') at Carlisle, Pennsylvania; (4) the AHEC is the Army's premier center for the study of the role of the individual soldier in support of the Nation, and its Civil War photograph and manuscript collection is considered one of the finest in the Nation; (5) the AHEC seeks to honor the service and sacrifice of soldiers and their families, preserve the memories of their service by gathering and preserving artifact and manuscript collections, and educate the public through a world class archives, museum displays, and engaging educational programs; (6) the goal of the AHEC is to promote an appreciation of the sacrifices that generations of American soldiers and their families have made to safeguard the freedoms of the Nation; (7) the AHCF will, through donated support, fund and construct the public components of the AHEC, the Visitor and Education Center and the Army Heritage Museum, and once construction is complete, focus on providing ``margin of excellence support'' to meet the needs of educational programs and other activities at the AHEC where Federal funds are unavailable; (8) the Gettysburg Foundation is dedicated to supporting Gettysburg National Military Park, part of the National Park Service, by-- (A) operating the new Museum and Visitor Center for the park; (B) funding the preservation and rehabilitation of the park's resources; (C) preserving and displaying the Cyclorama painting; and (D) providing visitors with an understanding of the significance of the Battle of Gettysburg within the context of the causes and consequences of the American Civil War; (9) the AHCF and the Gettysburg Foundation-- (A) are nongovernmental, member-based, and publicly supported non-profit organizations that are dependent on funds from members, donations, and grants for support; and (B) use such support to help create and sustain the Gettysburg National Military Park and the Army Heritage and Education Center; (10) the Gettysburg Foundation is recognized as the official partner of Gettysburg National Military Park; and (11) the AHCF is recognized by the Secretary of the Army as the lead agency supporting the development of the AHEC. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and commemoration of the 1863 Invasion of Pennsylvania, the decisive Battle of Gettysburg, and President Lincoln's Gettysburg Address, and notwithstanding any other provision of law, 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 75,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 350,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Not more than 100,000 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) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the history and memory of the Battle of Gettysburg and President Lincoln's Gettysburg Address. (2) Designations 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 ``2013''; 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-- (1) contain motifs that specifically commemorate the Invasion of Pennsylvania, the Battle of Gettysburg, and President Lincoln's Gettysburg Address; (2) be selected by the Secretary, after consultation with the Secretary of the Army and the Secretary of the Interior, the AHCF and the Gettysburg Foundation, and the Commission of Fine Arts; and (3) be 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 Facilities.--For each of the 3 coins minted under this Act, at least 1 facility of the United States Mint shall be used to strike proof quality coins, while at least 1 other such facility shall be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2013. 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 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 minted 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. (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 minted under this Act shall be promptly paid by the Secretary in the ratio of two-thirds to the Gettysburg Foundation and one-third to the AHCF, to help finance their respective programs. (c) Audits.--The Gettysburg Foundation and the AHCF 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). (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 enactment of this Act). The Secretary may issue guidance to carry out this subsection.

1863 Gettysburg Campaign Act - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the history and memory of the Battle of Gettysburg and the Gettysburg Address of President Abraham Lincoln.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers Educational Opportunity Act of 1999''. SEC. 2. ENHANCED BENEFITS UNDER MONTGOMERY GI BILL FOR FOUR YEARS OF ACTIVE-DUTY SERVICE. (a) In General.--Chapter 30 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE ``Sec. 3041. Enhanced educational assistance entitlement ``(a) Entitlement.--An eligible individual is entitled to enhanced educational assistance under this subchapter. ``(b) Eligible Individual Defined.--For purposes of this subchapter, the term `eligible individual' means an individual who meets the service requirement described in subsection (c), who meets the education completion requirements described in subsection (d), and whose status after completion of such service is described in section 3011(a)(3) of this title. Such term does not include an individual described in paragraph (1) or (2) of section 3011(c) of this title. ``(c) Service Requirement.--(1) The service requirement referred to in subsection (b) is as follows: ``(A) After September 30, 1999, the individual-- ``(i) first enters on active duty; ``(ii) reenlists or extends an enlistment on active duty as a member of the Armed Forces; or ``(iii) in the case of an officer, continues to serve on active duty after that date. ``(B) From the date of such entry, reenlistment, extension, or continuation, as the case may be, the individual-- ``(i) serves a continuous period of active duty of at least four years in the Armed Forces; or ``(ii) serves on active duty in the Armed Forces and is discharged or released from active duty-- ``(I) as provided in subclause (I) of section 3011(a)(1)(A)(ii) of this title; ``(II) for the convenience of the Government, after having completed not less that 42 months of continuous active duty; or ``(III) as provided in subclause (III) of section 3011(a)(1)(A)(ii) of this title. ``(2) In determining service under paragraph (1), the following rules apply: ``(A) Any period of service described in paragraph (2) or (3) of section 3011(d) of this title that applies to an eligible individual under this section shall not be considered a part of the individual's period of active duty. ``(B) A member described in paragraph (2) of section 3011(f) of this title who serves the periods of active duty referred to in such paragraph shall be deemed to have served a continuous period of active duty the length of which is the aggregate length of the periods of active duty referred to in such paragraph. ``(C) Subsections (g) and (h) of section 3011 of this title apply with respect to an eligible individual under this section in the same manner as they apply to an individual under section 3011 of this title. ``(d) Education Completion Requirements.--The education completion requirement referred to in subsection (b) is that the individual shall have completed the requirements of a secondary school diploma (or equivalency certificate) by not later than the original ending date of the individual's period of active duty described in subsection (c)(1) regardless of whether the individual is discharged or released from active duty on such date. An individual may meet the requirement of this subsection by having been granted credit for the equivalent of 12 semester hours in a program of education leading to a standard college degree before the end of the individual's period of active duty described in subsection (c)(1). ``(e) Election of Basic Educational Assistance.--(1) An eligible individual entitled to enhanced educational assistance under this subchapter may elect (in a form and manner prescribed by the Secretary) to receive basic educational assistance under subchapter II in lieu of such enhanced educational assistance for an enrollment period. Such an election shall be made by not later than 30 days before the beginning of the enrollment period. ``(2) An eligible individual may revoke an election made pursuant to paragraph (1), but in no case may such revocation be made later than 30 days before the beginning of the enrollment period. ``Sec. 3042. Duration of enhanced educational assistance ``(a) In General.--Subject to section 3695 of this title and except provided in subsection (b), each individual entitled to enhanced educational assistance under section 3041 of this title is entitled to a monthly enhanced educational assistance allowance under this subchapter for a period or periods not to exceed a total of 36 months (or the equivalent thereof in part-time enhanced educational assistance). ``(b) Special Rule for Certain Early Separations.--Subject to section 3695 of this title, in the case of an individual described in subclause (I) or (III) of section 3041(c)(1)(B)(ii) who does not serve a continuous period of active duty of at least four years in the Armed Forces (as described in section 3041(c)(1)(B)(i) of this title), the individual is entitled to one month of enhanced educational assistance benefits under this subchapter (not to exceed a total of 36 months (or the equivalent thereof in part-time enhanced educational assistance)) for each month of continuous active duty served by the individual beginning with the date on which the entry on active duty, reenlistment, enlistment extension, or continuation applicable to that individual under section 3041(c)(1)(A) of this title begins. ``Sec. 3043. Payment of educational expenses ``(a) In General.--(1) Subject to paragraph (2), the Secretary shall pay to the educational institution providing a course under an approved program of education to an eligible individual under this subchapter who is enrolled in the course an amount equal to 90 percent of the actual cost of tuition and fees otherwise payable by the individual. ``(2) Such cost may not exceed the amount charged to similarly circumstanced nonveterans. ``(b) Stipend; Costs of Books and Supplies.--The Secretary shall pay to each eligible individual under this subchapter who is pursuing an approved program of education-- ``(1) a stipend as provided in section 3044 of this title; and ``(2) in accordance with regulations prescribed by the Secretary, a sum equal to the reasonable cost of books and supplies determined to be required by similarly circumstanced nonveterans. ``(c) Inclusion in Income for Eligibility Determinations for Federal Educational Loans.--For purposes of determining untaxed income and benefits for eligibility for student assistance under the provisions of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), amounts payable with respect to an eligible individual under subsections (a) and (b)(2) shall not be considered veterans education benefits for purposes of section 480(vv) of such Act (20 U.S.C. 1087(vv)). ``Sec. 3044. Amount of stipend ``(a) In General.--Except as provided in section 3042 of this title, the stipend under this subchapter shall be paid at a monthly rate (as that rate may be increased pursuant to subsection (b)) as follows: ``(1) At the monthly rate of $600 for an approved program of education pursued on a full-time basis. ``(2) At the monthly rate of $450 for an approved program of education pursued on a three-quarter-time basis. ``(3) At the monthly rate of $300 for an approved program of education pursued on a half-time basis. ``(4) At the monthly rate of $150 for an approved program of education pursued on less than a half-time basis. ``(b) Adjustment for Inflation.--With respect to any fiscal year beginning after fiscal year 2000, the Secretary shall increase the rate paid under subsection (a)(1) for the previous fiscal year by the percentage applicable under section 3015(g) of this title. ``Sec. 3045. Tutorial assistance ``An individual entitled to an enhanced educational assistance allowance under this subchapter shall be entitled to benefits provided an individual under section 3019 of this title, subject to the conditions provided in such section.''. (b) Conforming Amendments.--(1) Section 3002 of such title is amended by inserting at the end the following new paragraph: ``(9) The term `enhanced educational assistance' means educational assistance provided under subchapter V.''. (2) Section 3011 of such title is amended in subsections (f)(1) and (g) by striking ``chapter'' each place it appears and inserting ``subchapter''. (3) Section 3018 of such title is amended by striking ``educational assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (4) Section 3018A(a) of such title is amended by striking ``education assistance under this chapter'' and inserting ``educational assistance under this subchapter''. (5) Section 3018B of such title is amended by striking ``education assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (6) Section 3018C of such title is amended-- (A) in subsection (a), by striking ``educational assistance under this chapter'' and inserting ``educational assistance under this subchapter''; and (B) in subsection (b), by striking ``education assistance under this chapter'' and inserting ``educational assistance under this subchapter''. (7) Section 3019 of such title is amended by striking out ``chapter'' each place it appears and inserting in lieu thereof ``subchapter''. (8) Section 3031 of such title is amended-- (A) in subsection (f), by inserting ``or 3042 of this title'' after ``section 3013'' each place it appears; and (B) in subsection (g), by inserting ``or 3031(c)(1)(B)(ii)(III)'' after ``section 3011(a)(1)(A)(ii)(III)''. (9) Section 3032(e)(3) of such title is amended by inserting ``, or section 3044(a)(1)'' after ``section 3015''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of title 38, United States Code, is amended by adding at the end the following new items: ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE ``3041. Enhanced educational assistance entitlement. ``3042. Duration of enhanced educational assistance. ``3043. Payment of educational expenses. ``3044. Amount of stipend. ``3045. Tutorial assistance.''. SEC. 3. REPEALS OF PAY REDUCTION AND ELECTION OF BENEFITS. (a) Repeals.-- (1) Active duty program.--(A) Section 3011 of title 38, United States Code, is amended-- (i) by striking subsection (b); and (ii) in subsection (c), by striking out paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (B) Section 3012 of such title is amended-- (i) by striking subsection (c); and (ii) in subsection (d), by striking out paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (2) Opportunities to withdraw election not to enroll.--(A) Section 3016(a)(1) of such title is amended by striking ``, and does not make an election under section 3011(c)(1) or section 3012(d)(1)''. (B) Sections 3018A, 3018B, and 3018C of such title are each amended by adding at the end the following new subsection: ``(e) Notwithstanding subsection (b), no reduction in the pay of an individual under this section shall be made for months beginning after September 30, 1999. Any obligation of such individual under subsection (b), as of September 30, 1999, shall be deemed to be fully satisfied as of such date.''. (3) Termination of reductions in progress.--Any reduction in the basic pay of an individual referred to in subsection (b) of section 3011 of title 38, United States Code, by reason of such subsection, or of any individual referred to in subsection (c) of section 3012 of such title by reason of such subsection, shall cease commencing with months beginning after September 30, 1999, and any obligation of such individual under such subsections, as the case may be, as of September 30, 1999, shall be deemed to be fully satisfied as of such date. (b) Education Outreach Services to Members of the Armed Forces.-- Section 3034(e)(1) of title 38, United States Code, is amended to read as follows: ``(e)(1) Not later than one year after an individual initially enters on active duty as a member of the Armed Forces, and at such additional times as the Secretary determines appropriate, the Secretary shall furnish the individual the information described in paragraph (2).''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 1999, and apply to individuals whose initial obligated period of active duty under section 3011 or 3012 of title 38, United States Code, as the case may be, begins on or after such date.

Servicemembers Educational Opportunity Act of 1999 - Amends Federal basic educational assistance provisions (the Montgomery GI Bill) to authorize enhanced educational assistance to a member of the armed forces who, after September 30, 1999: (1) first enters on active duty; (2) reenlists or continues to serve on active duty; (3) serves a continuous period of active duty of four years; or (4) serves and is discharged or released for a service-connected disability, at the convenience of the Government (after serving at least 42 months of such duty), or due to a reduction in force. Requires each such member to also have completed the requirements of a secondary school diploma or its equivalent by no later than the original ending date before such extension of duty. Limits to 36 months the period for such enhanced assistance, with a special rule for certain early separations. Requires the payment of educational expenses under such program, including 90 percent of the costs of tuition and fees, and reasonable costs of books, and other supplies. Requires such amounts to be considered income for purposes of eligibility for Federal educational loans or grants under the Higher Education Act of 1965. Provides: (1) a monthly stipend for approved programs of education, with different rates for programs pursued on a full-time, three quarter-time, or half-time basis; and (2) tutorial assistance. (Sec. 3) Repeals, with respect to such assistance: (1) a required monthly reduction in pay for individuals who do not elect to participate in such assistance program; and (2) a provision authorizing individuals to elect not to receive such assistance.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Teenage Pregnancy Reduction Act of 1996''. SEC. 2. EVALUATION OF EFFECTIVE PROGRAMS FOR PREVENTION OF TEENAGE PREGNANCY. (a) In General.--The Secretary of Health and Human Services shall (directly or through grants or contracts awarded to public or nonprofit private entities) arrange for the evaluation of a wide variety of promising programs designed in whole or part to prevent pregnancy in teenagers, including programs that do not receive grants from the Federal Government for the operation of the programs. The purpose of the evaluation shall be the determination of-- (1) the factors contributing to the effectiveness of the programs; and (2) methods for replicating the programs in other locations. (b) Participation of Federal Agencies and Private Organizations.-- In carrying out the evaluation under subsection (a), the Secretary shall as appropriate-- (1) provide for the participation of the Director of the Centers for Disease Control and Prevention, the Director of the Office of Population Affairs, the Assistant Secretary for Children and Families, and the Director of the National Institute of Child Health and Human Development; and (2) provide for the participation of private organizations, including the National Campaign to Prevent Teen Pregnancy, a nonpartisan organization. (c) Design of Evaluation.--Subject to subsection (d), the Secretary shall select a design for the evaluation under subsection (a) from among proposals that-- (1) provide for the evaluation of programs in various geographic regions; (2) with respect to the populations served by the programs, provide for determining factors that are specific to various socioeconomic groups and various racial and ethnic minority groups; (3) provide for recommendations for future programs designed to reduce the rate of teen pregnancy; and (4) meet such criteria as the Secretary may establish. (d) Measures of Effectiveness.--The Secretary shall define the measures of effectiveness used in evaluating the programs designed to reduce the rate of teenage pregnancy, and shall include a variety of measures of effectiveness in the definition. (e) Scientific Peer Review.--The Secretary may provide funds for a proposal pursuant to subsection (a) only if the proposal has been recommended for approval pursuant to a process of scientific peer review utilizing one or more panels of experts. Such panels shall include experts from public entities and from private entities. (f) Submission of Report to Congress and Secretary.--Not later than December 1, 1999, the evaluation under subsection (a) shall be completed and a report describing the findings made in the evaluation shall be submitted to the Congress and to the Secretary. (g) Dissemination of Information.--After the submission of the report under subsection (f), the Secretary shall disseminate the findings presented in the report. The categories of individuals to whom the information is disseminated shall include administrators of prevention programs, public and private entities that provide financial support to such programs, professional medical associations, entities providing public health services, entities providing social work services, and school administrators. (h) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $3,500,000 for each of the fiscal years 1997 through 1999. SEC. 3. NATIONAL CLEARINGHOUSE ON PREVENTION PROGRAMS. (a) In General.--Not later than 180 days after the completion of the evaluation under section 2, the Secretary shall (directly or though grants or contracts awarded to public or nonprofit private entities) establish an information clearinghouse to be known as the National Clearinghouse on Teenage Pregnancy Prevention Programs (in this section referred to as the ``Clearinghouse''). (b) Functions.--The Clearinghouse shall carry out the following activities: (1) Collect, maintain, and disseminate information on prevention programs, including information on the following: (A) The state of program development. (B) All types of prevention programs. (C) Findings made in the report submitted under section 2(f). (2) Develop networks of prevention programs for the purpose of sharing and disseminating information. (3) Develop and disseminate materials that provide technical assistance to public and private entities in establishing or improving prevention programs. (4) Participate in activities designed to encourage and enhance public media campaigns regarding pregnancy in teenagers. (5) Such other activities as will assist in the development and carrying out of activities to reduce pregnancy in teenagers. (c) Dissemination to Certain Entities.--The categories of entities to which the Clearinghouse disseminates information shall include administrators of prevention programs, public and private entities that provide financial support to such programs, professional medical associations, entities providing public health services, entities providing social work services, and school administrators. (d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2000 through 2003. SEC. 4. ONE-TIME INCENTIVE GRANTS FOR EFFECTIVE PREVENTION PROGRAMS. (a) In General.--In the case of a prevention program that pursuant to the evaluation under section 2 has been found to be effective, the Secretary may under this section make not more than one grant to the entity that operates the program. The purpose of the grant shall be to assist the entity with the expenses of operating the program. (b) Authorization of Appropriations.--For carrying out subsection (a), there is authorized to be appropriated $10,000,000, in the aggregate, for the fiscal years 2000 through 2003. Such authorization is in addition to any other authorization of appropriations that is available for making grants for the operational expenses of prevention programs. SEC. 5. DEFINITIONS. (a) Prevention Programs.-- (1) Rule of construction.--The provisions of this Act apply with respect to a prevention program without regard to which of the various programmatic approaches for the prevention of pregnancy in teenagers (as defined in paragraph (2)) is the focus of the program. (2) Programmatic approaches.--For purposes of this Act, the term ``programmatic approaches'', with respect to prevention programs, includes advocating abstinence from sexual relations; providing family planning services (including contraception); fostering academic achievement; mentoring by adults; providing employment assistance or job training; providing professional counseling or peer counseling; providing for recreational or social events; and any combination thereof. (b) Other Definitions.--For purposes of this Act: (1) The term ``prevention program'' means a program for the prevention of pregnancy in teenagers. (2) The term ``Secretary'' means the Secretary of Health and Human Services.

Teenage Pregnancy Reduction Act of 1996 - Mandates evaluation (directly or through grants or contracts) of a wide variety of promising programs to prevent teenage pregnancy, including programs that do not receive Federal grants. Mandates scientific peer review of evaluation proposals. Authorizes appropriations. Mandates establishment (directly or through grants or contracts) of the National Clearinghouse on Teenage Pregnancy Prevention Programs. Authorizes appropriations. Authorizes an operating grant to a program found (by the evaluation under this Act) to be effective. Authorizes appropriations.

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